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2017-02-21CITY OF OKEECHOBEE FEBRUARY 21, 2017, REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 9 11 AGENDA 11 COUNCIL ACTION -DISCUSSION - VOTE 11 CALL TO ORDER - Mayor February 21, 2017, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES: Invocation to be given by Jim Dawson, Associate Pastor, First United Methodist Church; Pledge of Allegiance led by Mayor Watford. III, MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Noel A. Chandler Council Member Monica M. Clark Council Member Mike O'Connor Council Member Gary Ritter City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford called the February 21, 2017, Regular City Council Meeting to order at 6:00 P.M. The invocation was offered by Reverend Jim Dawson, Associate Pastor of the First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mayor Watford asked whether there were any additions, deferrals, or withdrawals on today's agenda. There were none Ms. Patricia Christensen, Executive Director of the Treasure Coast Regional League of Cities (TCRLC), was accompanied by The Honorable Ann Kagdis, Council President of the Town of Ocean Breeze, to recognize Mayor Watford for his unwavering support to the TCRLC as a Board Member and Treasurer since its inception in 2004. Recently, he had to resign due to additional duties after being appointed Mayor. Ms. Kagdis presented Mayor Watford with an engraved clock which read: "Presented To: City of Okeechobee Mayor Dowling Watford, In recognition for your years of dedicated service as Board Member and Treasurer. Treasure Coast Regional League of Cities, Inc. 2005-2016." Mayor Watford expressed his gratitude for their recognition and asked that Ms. Christensen convey his appreciation to the TCRLC. 103 10 FEBRUARY 21, 2017 - REGULAR MEETING - PAGE 2 OF 9 AGENDA V. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the meeting of February.7, 2017. VI. WARRANT REGISTER - City Administrator A. Motion to approve the January 2017 Warrant Register: GeneralFund..........................................................................$544,846.20 Capital Improvement Projects Fund........................................$279,396.29 Public Facilities Improvement Fund ........................................$ 26,386.99 Law Enforcement Special Fund ..............................................$ 100.00 VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1150 by title only amending Alcoholic Beverage Hours, Sunday and Holiday Sales, Code Section 6-1 - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1150 by title only COUNCIL ACTION - DISCUSSION - VOTE Council Member Ritter moved to dispense with the reading and approve the Summary of Council Action for the meeting of February 7, 2017, as corrected; seconded by Council Member O'Connor. Clerk Gamiotea added there were a few typographical and grammatical errors corrected from the draft distributed but was not substantial enough to re -distribute as they did not change the content in the verbiage. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Council Member Ritter moved to approve the January 2017 Warrant Register in the amounts: General Fund, five hundred forty-four thousand, eight hundred forty-six dollars and twenty cents ($544,846.20); Capital Improvement Projects Fund, two hundred seventy-nine thousand, three hundred ninety-six dollars and twenty-nine cents ($279,396.29); Public Facilities Improvement Fund, twenty-six thousand, three hundred eighty-six dollars and ninety-nine cents ($26,386.99); and Law Enforcement Special Fund, one hundred dollars and zero cents ($100.00); seconded by Council Member O'Connor. There was no discussion on this item. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:10 P.M. Motion and second by Council Members O'Connor and Clark to read proposed Ordinance No. 1150 by title only amending Alcoholic Beverage Hours, Sunday and Holiday Sales, Code Section 6-1 and 6-2. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1150 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 6 ALCOHOLIC BEVERAGES, CODE OF ORDINANCES; PARTICULARLY SECTION 6-1, 6-2 AND THEREOF; TO PROVIDE FOR SALE OF LIQUOR ON SUNDAYS IN LIMITED CIRCUMSTANCES; TO PROVIDE FOR SALES OF LIQUOR ON SUNDAYS BY BONA FIDE RESTAURANTS; CREATING PROVISION FOR SPECIAL PERMIT FOR RESTAURANT SALES; PROVIDING FOR PENALTIES; AMENDING DISTANCE FROM CHURCH, SCHOOLS OR DAY CARE CENTERS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." FEBRUARY 21, 2017 - REGULAR MEETING - PAGE 3 OF 9 105 AGENDA VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A.2.a) Motion to adopt proposed Ordinance No. 1150. b) Public comments and discussion. COUNCIL ACTION - DISCUSSION - VOTE Motion and second by Council Members Ritter and O'Connor to adopt proposed Ordinance No. 1150, Mayor Watford opened the floor for public comment. Mrs. Anita Nunez confirmed that the proposed language would not hurt other businesses such as grocery stores from continuing to sell beer and wine. Attorney Cook confirmed these types of package sales will be able to continue. Mr. Ronnie Lawrence, City business and property owner, addressed the Council stating he was here on behalf of both Pastor Mark McCarter of the First Baptist Church of Okeechobee and Reverend Rick Giles of the Big Lake Baptist Association. Distributed prior to the meeting was a letter from Pastor McCarter, which Mr. Lawrence read into the record as follows: "I would like to take a moment to address the ordinance changing the city's policy on the sale of liquor on Sundays. / understand that selling liquor on Sundays may bring in a few extra dollars to a restaurant in Okeechobee, but what are we saying about the values that the City of Okeechobee has stood for since founding? This restriction was in place because Sunday was a day of worship, and it was out of respect for that fact that the current ordinance was in effect. When did that respect cease? I don't see restaurants going out of business constantly or refusing to come to Okeechobee because they can't sell these alcoholic beverages on Sunday. 1 would ask that the City Council leave the current ordinance in place as a last vestige of a set of moral values that were far superior to the current moral climate in our country. We don't have to be like everyone else. One of the things I love about this city is the fact that it's not like so many larger cities within our state and country. I think this also speaks to a larger issue within our culture as a whole. 1 worked with students for 18 years before taking on the position that 1 currently hold. / have never in all those years found an example of where the use of alcohol enriched a family or improved someone's life. l have watched it destroy families, lead to physical and emotional abuse, and have attended funerals as the result of alcohol use. 1 know this thinking is seen as `old fashioned" by many, but sit down and talk to a middle school student that has to live in a house where alcohol use has led to abuse and neglect. l think it will change your stand on alcohol, and how important a few more dollars in someone's pocket really is." Mr. Lawrence then distributed a copy of a letter from Reverend Giles, Administrative Coordinator of the Big Lake Baptist Association, whose main office is located within the City. He read the last paragraph of the letter into the record as follows: "Please know that we are most grateful to each of you, for putting in the countless hours and days, in order to make this city the wonderful place that it is. You should also remember you are not only responsible for the greatness of Okeechobee, but the health, safety, and welfare for her people. The decision you make should be in the best interest of all the people of Okeechobee." Mrs. Nunez requested to re -address the Council. She stated this is not about money for us; it is about fairness to City businesses and the safety of the residents. Mr. Jose Sanchez addressed the Council in support of the Ordinance, stating people who want to drink will drink and people who want to go to church will go to church. Changing regulations to restrict drinking on Sunday will not keep one from drinking. 10 FEURUARY 21, 2017 - REGULAR MEETING - PAGE 4 OF 9 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A.21) Public comments and discussion on proposed Ordinance No. 1150 continued. There being no further comments from the public, Mayor Watford asked for the Council's comments. Attorney Cook clarified the Ordinance that was read, advertised, and on the floor for consideration is the original draft changing the current regulations that provide liquor cannot be sold on Sundays, in any type of business, and beer and wine may be sold after 1:00 P.M. to allow restaurants that meet specific criteria to sell, serve, and/or consume any type of alcoholic beverage beginning at 11:00 A.M. on Sundays, after receipt of a $250.00 annual special permit. Within Exhibit one are two additional Ordinances with changes to the original draft, and denoted by highlight. These Ordinances are noted as Option A and Option B. Option A changes the time one can start selling alcohol on Sunday from 11:00 A.M. to 1:00 P.M. for restaurants that meet the specific definition listed and they will have to apply for a special permit in order to sell alcohol, but there is no charge for it. Option B is almost identical to the County's regulations. It allows alcohol sales on Sundays starting at 1:00 P.M., no matter the type of restaurant, and includes package sales. Mayor Watford reminded the Council the motion on the floor was to adopt the original draft Ordinance, meaning the sale of liquor can begin at 11:00 A.M., for restaurants that meet the criteria, apply and pay for a permit to do so, unless there is a motion to amend offered. Motion and second by Council Members Chandler and O'Connor to amend proposed Ordinance No. 1150 as set out in Option A as follows: For Section 6-1, paragraph (b) remove "beer and wine" and insert "alcohol;" after 2:00 A.M. insert "Sunday;" remove "to 11:00 A.M." and insert "and 1:00 P.M." Remove renumbered paragraph (c) regarding Certain Sunday holiday sales permitted; Renumber paragraph (d) to (c) Authority of police department, and (e) to (d) Certain Sunday liquor sales permitted, and in this paragraph remove "11:00 A.M. to 2:00 A.M. Monday" and insert "1:00 P.M. to 12:00 midnight on Sunday". Renumber paragraphs (f) to (e) Limitation on package or off -premises sales, (g) to (f) Limitations on location of establishment, (h) to (g) Qualifying establishment permits and within this paragraph remove "sell or serve liquor by the drink," and insert "operate". Remove paragraph 5 under (g); Renumber paragraph (i) to (h) Permit suspension, and remove "issue fines, permit suspension, or recommend license revocation to the City Council," insert "suspend or revoke, any Business Tax Receipt (BTR) license" and remove "of any permit". In paragraph 1 under (h) insert "or failure to renew BTR" and remove "of business tax". In paragraph (h), third paragraph, add as the last sentence "These suggested penalties are in addition to any imposed by the State of Florida." In the fourth paragraph, at the end of the second sentence insert "or revocation". For Section 6-2, in renumbered paragraphs (c), (d), and (e) remove the words "Business Tax Receipt" and "occupational license" and insert "BTR". Council Member Clark questioned the reasoning behind continuing the restriction of package liquor sales. Mayor Watford replied it is a compromise and he would not support the amendment with package sales included. FEBRUARY 21, 2017 - REGULAR MEETING - PAGE 5 OF 9 COUNCIL ACTION a DISCUSSION - VOTE 107 AGENDA VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A.2.b) Public comments and discussion on proposed Ordinance No. 1150 continued. She then questioned the guidelines on how a restaurant is classified. In the amendment, when a food service establishment does not meet the criteria to be classified as a restaurant, regardless of holding a license to sell alcohol from the State, it cannot sell liquor. She gave an example of how a pizza parlor that does not provide a full course meal could not qualify to apply for the special permit to sell liquor. Attorney Cook replied the language was provided from a previous time this issue was discussed. Option A could be amended to allow any establishment that has a license from the state to sell alcohol, whether a restaurant or taco stand. Council Member Ritter thanked Mr. Lawrence for attending and stated he appreciates the thoughts of those represented; they are all good points. However, the issues the Council has to deal with is to provide a fair and equitable environment for City businesses to be successful, otherwise they can (and have) relocated, causing the City to lose revenue. The same issues that applied when the law was originally adopted no longer apply. The climate has changed tremendously; regulations outside the City Limits have changed. He then addressed the proposed language in the Ordinance stating it needs to be simpler, and preferred Option B, but should Option A be adopted, he would like to see it streamlined and the permit language taken out. Attorney Cook offered a less complicated solution suggesting adopting amendments in Option B and adding the language to prohibit package sales for liquor. Council Member O'Connor withdrew his second; Council Member Chandler withdrew his motion to amend. Council Members Chandler and O'Connor then made a motion and second to amend the proposed Ordinance No. 1150, with amendments as set out in Option B, included in Exhibit 1, with the addition of language to prohibit liquor package sales on Sundays. Specific amendments are as follows: Amend the title by removing "LIQUOR ON SUNDAYS IN LIMITED CIRCUMSTANCES; TO PROVIDE FOR SALES OF LIQUOR ON SUNDAYS BY BONA FIDE RESTAURANTS; CREATING PROVISION FOR SPECIAL PERMIT FOR RESTAURANT SALES;" and insert "ALCOHOL WITHIN THE CITY;" (specific changes noted below) AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 6 ALCOHOLIC BEVERAGES, CODE OF ORDINANCES; PARTICULARLY SECTION 6-1, 6-2 AND THEREOF; TO PROVIDE FOR SALE OF ALCOHOL WITHIN THE CITY: SALES;. �'(A�QNI SUNDAYS IN LIMITED CIRCUMSTANCES; TO PROVIDE FOR SALES OF LIQUOR QN-SUINIDAYS BY BONA Fln-FEREESTAURANTS; CREATING PROVISION FOR SPECIAL PERMIT FOR RESTAURANT PROVIDING FOR PENALTIES; AMENDING DISTANCE FROM CHURCH, SCHOOLS OR DAY CARE CENTERS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. I D16" hEBRUARY L"1, LU"I I - KEGULAR MEETING - rAGE n OF U AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A.2.b) Public comments and discussion on proposed Ordinance No. 1150 Amend the preamble, fifth whereas removing "provisions to permit sales of liquor on Sundays can be strictly limited to qualifying commercial establishments, and yet retain a ban on general sales of liquor to the public, continued. which, when balanced with economic development, would be of benefit to the City, its citizens and taxpayers" and inserting "for the purpose of enforcement of the ordinance, it is deemed appropriate to fashion an ordinance that is similar in nature and time to that existing for Okeechobee County." Amend Section 6-1, paragraph (b) remove "beer and wine" and insert "alcohol" in the paragraph title. Remove "for qualifying establishments" remove "beer", "and", "wine", insert "all alcoholic beverages", after 2:00 A.M. insert "Sunday", remove "to 11:00 A.M.", insert "and 1:00 P.M." Add as the last sentence "All alcoholic beverages may be sold, served or consumed on Sundays from 1:00 P.M. to midnight, excluding package sales of liquors." (specific changes noted below) (b) Sale of beerand wine alcohol limited on Sunday. Except as otherwise provided in this section, f it shall be unlawful for any person or entity holding an alcoholic beverage license issued by frem-the sState of Florida divisien to serve, to sell, or ep rmit Gause to be served or sold; or consumed in tpermit the serv+co or on their premises, of beer _g94,wn a as defined in�Sch. 564, all alcoholic beverages between the hours of 2:00 A.M. SundayP.M. to- AO A 4 and 1:00 P.M. Sunday. All alcoholic beverages may be sold, served or consumed on Sundays from 1:00 P.M. to midnight, excluding package sales of liguors• Remove all of renumbered paragraph (c) regarding Certain Sunday holiday sales permitted. Renumber paragraph (d) to (c) Authority of police department. Remove all language in proposed paragraphs (e), (f), and h . Renumber proposed paragraph (i) to (d) Permit suspension. Within this paragraph remove "issue fines, permit suspension, or recommend license revocation to the City Council," and insert "suspend or revoke, any Business Tax Receipt (BTR) license" and remove "of any permit". (specific changes noted below) �+}(d) Permit suspension. The City of Okeechobee Code Enforcement Board, may issue fines, permit sus,.-, —9mmen I*GeRSe FeVOGato n to the Git �� suspend or revoke. any Business Tax Receipt (BTR) license G � issued hereunder any of the following circumstances: Under paragraph (d), in paragraph numbered 1. insert "or failure to renew BTR" and remove "of business tax," and remove the second paragraph numbered as "4. Revocation of permit." (specific changes noted below) 1.Loss or failure to renew G Rsi ax BTR license, alcohol sales license, or lapse of liability insurance. 4.RevoEat'On of ep rmiL FEBRUARY 21, 2017 - REGULAR MEETING - PAGE 7 OF 9 109 11 AGENDA 11 COUNCIL ACTION - DISCUSSION - VOTE 11 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A.2.b) Public comments and discussion on proposed Ordinance No. 1150 continued. In paragraph (d), third paragraph, add as the last sentence "These suggested penalties are in addition to any imposed by the State of Florida." In the fourth paragraph, first sentence add "suspend or" before revoke the permit. At the end of the second sentence insert "or revocation." (specific changes noted below) Any of these penalties may be imposed commensurate with the severity of the violation, and need not be imposed in the order they are listed. These suggested penalties are in addition to any imposed by the State of Florida. Anv recommendation to the Citv Council by the Citv Code Enforcement Board to suspend or revoke such permit shall first be made in writing to the establishment directing that they cease the unauthorized activities; upon a second verified violation by the establishment within a 60 day period the establishment shall be provided a notice of intent to suspend or revoke the permit. The owner or authorized representative of the establishment shall be notified by notice of public meeting that this decision is placed on the agenda of the City Council who shall have final decision as to such suspension or revocation. For Section 6-2, in renumbered paragraphs (c), (d), and (e) remove the words "Business Tax Receipt" and "occupational license" and insert "BTR". (specific changes noted below) W U This section shall not apply to any business establishment presently operating under a valid GCity Business Tax Qo^o n+ BTR eGGupat*enal InGeRSe on the effective date of the ordinance from which this restriction is derived and located closer than the restricted distances to any church, school, or day care center. (# (d) Any existing business establishment on the effective date of the ordinance from which this restriction is derived selling alcoholic beverages, and operating under a valid GCity B iciness Tax po^oi^+ BTR eGGupat+onat hGeuse, which is located closer to a church, school, or day care center than as provided in this section, shall not hereafter be permitted to expand or enlarge the existing square footage of the building. (g) Lej Any existing business establishment selling alcoholic beverages which is located closer to a church, school, or day care center than as provided in this section may continue such use so long as the owner or occupant holds a valid GCity RU,^i BTR GGGUpatinn liGense and alcoholic beverage license from the state. However, once the business is sold or transferred, and another use is made of the location, such location shall not thereafter be re-established for the sale of alcoholic beverages, unless in compliance with this section. Council Member Chandler commented change is needed to grow but our moral values should be kept. He considers this a compromise since no alcohol can be sold on Sundays until after 1:00 P.M. VOTE ON MOTION TO AMEND: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION TO AMEND CARRIED. FEBRUARY 21. 2017 - REGULAR MEETING - PAGE 8 OF 9 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A.2.c) Vote on motion to adopt proposed Ordinance No. 1150, CLOSE PUBLIC HEARING - May0r Vill. NEW BUSINESS A. Consider appointments to the Okeechobee Utility Authority Board - City Administrator. B. Motion to approve an Agreement to Piggyback a Contract for Services Bid h\r annthpr (,nvernmP.nt2I Entity for Meaning services by Scott's Quality Cleaning, LLC - City Administrator (Exhibit 2). C. Motion to approve transfer of surplus item 2006 Ford Crown Victoria to Okeechobee County Sheriff's Office - City Administrator (Exhibit 2 VOTE ON MOTION AS AMENDED: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:38 P.M. CLARK — YEA MOTION CARRIED As AMENDED. Council Member Chandler moved to re -appoint Mr. Tommy Clay as the Regular Member (term sunsets March 1, 2021) and Mr. Jeff Fadley as the Alternate Member (term sunsets March 1, 2019) to the Okeechobee Utility Authority Board as the City's representatives; seconded by Council Member Ritter. Mayor Watford thanked them for serving on the City's behalf. WATFORD — YEA O'CONNOR — YEA VOTE: CHANDLER — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. Motion and second by Council Members Chandler and Clark to approve an Agreement to Piggyback a Contract for Services Bid by another Governmental Entity for cleaning services by Scott's Quality Cleaning, LLC, in the amount of $21,735.36 annually. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Motion and second by Council Members Ritter and O'Connor to approve the transfer of surplus item 2006 Ford Crown Victoria to the Okeechobee County Sheriff's Office. Administrator MontesDeOca explained the City accepted this vehicle from the Okeechobee County Sheriff's Office years ago. They still have a vehicle in operation like this one and can use it for parts, Since it was donated to the City, it is only fitting to return it for them to use over the option of selling for scrap. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. FEBRUARY 21, 2017 o REGULAR MEETING - PAGE 9 OF 9 11 AGENDA 11 COUNCIL ACTION o DISCUSSION a VOTE 11 VIII. NEW BUSINESS CONTINUED D. Discuss status of Primitive Baptist Church - Mayor Watford (Exhibit 4) IX. ADJOURNMENT o Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: Lane amiotea, CM , City Clerk /C- !Iagr/ / - Dowling R. Wat ord, Jr., Mayor Mayor Watford has been approached by several heirs of the Peter and Louisianna Raulerson family regarding the Primitive Baptist Church located at 1003 Southwest 3rd Avenue. With the property and building no longer being utilized as a Church, the property has been deeded back to the Raulerson Family heirs due to a reverter clause. The heirs may be willing to donate the property to the City. A title search will have to be performed, which is approximately $75.00, before pursuing this further. Council Member Ritter moved to approve to have a title search conducted on the Primitive Baptist Church property located at 1003 Southwest 3rd Avenue (LEGAL DESCRIPTION: Lots 9, 10, 11, and 12 of Block 8, SOUTH OKEECHOBEE, Plat Book 1, Page 12); seconded by Council Member Clark, VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 6:46 P.M. The next regular scheduled meeting is March 7, 2017, STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the, attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. jcv Katrina Elsken Sworn to and subscribed bef re me this _ 11zs day of 2! ' AD Notary Public, Slate of Florida at Large L ,••rw�aua•., ANGIEBRIDGES } IVY COMMISSION 9 FF 976149 EXPIRES: Apol20,2020 F� a" Bonded Thru Notary Public Undetmifsrs Okeechobee N'et�s F 107 SW 17th trot, Suit6b Okeechobee, F_EQrida�3,4974 863-7lh3=�.134`: - [7 MYt , '121 r PUBLIC NOTICE CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City Council for the City of Okeecho- bee will conduct a regular meeting on Tues, Feb. 21, 2017, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeecho- bee, FL. The public is invited and encouraged to attend. The agenda may be obtained from cityofokeechobee.com or by calling the Office of the City Administrator, 863-763-3372 x212. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs speaal accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda, a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. By: Mayor Dowling R. Watford, Jr. 479562 ON 2/15/2017 M U y - CITY OF OKEECHOBEE 55 SE 3R° AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE FL 34974 T_ FEBRUARY 21, 2017 * * REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 I. CALL TO ORDER— Mayor: February 21, 2017, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Jim Dawson, Associate Pastor, First United Methodist Church; Pledge of Allegiance led by Mayor III. COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Noel Chandler Council Member Monica Clark Council Member Mike O'Connor Council Member Gary Ritter Administrator Marcos Montes De Oca Attorney John R. Cook Clerk Lane Gamiotea Deputy Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen IV. AGENDA AND PUBLIC COMMENTS — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda — Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. February 21, 2017 PAGE 2 of 3 V. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the February 7, 2017 regular meeting. VI. WARRANT REGISTER — City Administrator A. Motion to approve the January 2017 Warrant Register. General Fund $544,846.20 Capital Improvement Projects Fund $279,396.29 Public Facilities Improvement Fund $ 26,386.99 Law Enforcement Special Fund $ 100.00 VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1150 by title only amending Alcoholic Beverage Hours, Sunday and Holiday Sales, Code Section 6-1 — City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1150 by title only. 2.a) Motion to adopt Ordinance No. 1150. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING VIII. NEW BUSINESSw4 —�»+ A. Consider appointments to the Okeechobee Utility Authority Board — City Administrator k:.. February 21, 2017 PAGE 3 OF 3 VIII. NEW BUSINESS CONTINUED B. Motion to approve an Agreement to Piggyback a Contract for Services Bid by another Governmental Entity for cleaning services by Scott's Quality Cleaning, LLC — City Administrator (Exhibit 2). C. Motion to approve transfer of surplus item 2006 Ford Crown Victoria to Okeechobee County Sheriff's Office — City Administrator (Exhibit 3). D. Discuss status of Primitive Baptist Church — Mayor Watford (Exhibit 4). <`4: IX. ADJOURN MEETING — Mayor PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. City of Okeechobee, February 21, 2017 Meeting Minutes taken during the meeting by L. Gamiotea CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on February 21, 2017, at 6:00 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. OPENING CEREMONIES: The invocation was given by Reverend Jim Dawson Associate Pastor of the First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Noel Chandler Present Council Member Monica Clark Present Council Member Mike O'Connor Present Council Member Gary Ritter Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Fire Chief Herb Smith Present Police Chief Bob Peterson Present Public Works Director David Allen Present IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. There were none. B. Mayor Watford opened the floor for public participation for any issues not on the agenda. An agenda item form or comment card is required; citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. 1. Treasure Coast Regional League of Cities - Patricia Christiansen, Executive Director Presentation made to Mayor Watford by Christiansen and Ann Kagdis, Council President of the Town of Ocean Breeze. Mr. Watford has been a member of the TCRLC since its inception, 2004 as well as the Board Treasurer. Not many would hold the position for that length of time. Recently he resigned due to additional duties from being appointed Mayor and the TCRLC wanted to take the opportunity to honor him for his years of service and dedication to this board, as it would not be the success it is today without his leadership over the last 13 years. Additionally the current Chair of the TCRLC, Mayor Linda Hudson, City of Fort Pierce had planned to be present for the presentation. However, their city council meetings are on the same day. Watford asked to extend his appreciation to everyone on the board. "Insert Wording from plaque clock presented" V. MINUTES — City Clerk A. Council Member Ritter moved to dispense with the reading and approve the Summary of Council Action for the meetings of February 7, 2017, as corrected; seconded by Council Member O'Connor. Discussion: Lane — there were a few typographical and grammatical errors corrected from the draft distributed to everyone, it was not substantial enough to re -distributed and did not change the content in the verbiage. Watford — if there are no objections the motion will reflect that they are approved as corrected. None were stated. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Page 1 of 7 VI. WARRANT REGISTER - City Administrator A. Council Member Ritter moved to approve the January 2017 Warrant Register in the amounts: General Fund, five hundred forty-four thousand, eight hundred forty-six dollars and twenty cents ($544,846.20); Capital Improvement Projects Fund, two hundred seventy-nine thousand, three hundred ninety-six dollars and twenty-nine cents ($279,396.29); Public Facilities Improvement Fund, twenty-six thousand, three hundred eighty-six dollars and ninety- nine cents ($26,386.99); and Law Enforcement Special Fund, one hundred dollars and zero cents ($100.00); seconded by Council Member O'Connor. Discussion: none. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. VII. MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:11 P.M. A.1.a) Motion and second by Council Members O'Connor and Clark to read proposed Ordinance No. 1150 by title only amending Alcoholic Beverage Hours, Sunday and Holiday Sales, Code Section 6-1 — City Attorney (Exhibit 1). b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. c) Attorney Cook read proposed Ordinance No. 1150 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 6 ALCOHOLIC BEVERAGES, CODE OF ORDINANCES; PARTICULARLY SECTION 6-1, 6-2 AND THEREOF, TO PROVIDE FOR SALE OF LIQUOR ON SUNDAYS IN LIMITED CIRCUMSTANCES; TO PROVIDE FOR SALES OF LIQUOR ON SUNDAYS BY BONA FIDE RESTAURANTS; CREATING PROVISION FOR SPECIAL PERMIT FOR RESTAURANT SALES; PROVIDING FOR PENALTIES; AMENDING DISTANCE FROM CHURCH, SCHOOLS OR DAY CARE CENTERS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion and second by Council Members Ritter and O'Connor to adopt proposed Ordinance No. 1150. b) Public comments and discussion. Mrs. Anita Nunez, just want to confirm if do the no package that it would not hurt other businesses. Cook, no its limited to beer and wine and they could continue as they are now. Mr. Ronnie Lawrence, city business and property owner addressed the City Council stating he was here on behalf of both 51 Pastor Mark McCarter of First Baptist Church of Okeechobee and Reverend Rick Giles of the Big Lake Baptist Association. Distributed prior to the meeting was a letter from Pastor McCarter, which Mr. Lawrence read into the record as follows: "I would like to take a moment to address the ordinance changing the city's policy on the sale of liquor on Sundays. I understand that selling liquor on Sundays may bring in a few extra dollars to a restaurant in Okeechobee, but what are we saying about the values that the City of Okeechobee has stood for since founding? This restriction was in place because Sunday was a day of worship, and it was out of respect for that fact that the current ordinance was in effect. When did that respect cease? 1 don't see restaurants going out of business constantly or refusing to come to Okeechobee because they can't sell these alcoholic beverages on Sunday. I would ask that the City Council leave the current ordinance in place as a last vestige of a set of moral values that were far superior to the current moral climate in our country. We don't have to be like everyone else. One of the things I love about this city is the fact that it's not like so many larger cities within our state and country. I think this also speaks to a larger issue within our culture as a whole. I worked with students for 18 years before taking on the position that I currently hold. I have never in all those years found an example of where the use of alcohol enriched a family or improved someone's life. I have watched it destroy families, lead to physical and emotional abuse, and have Page 2 of 7 attended funerals as the result of alcohol use. 1 know this thinking is seen as "old fashioned" by many, but sit down and talk to a middle school student that has to live in a house where alcohol use has led to abuse and neglect. I think it will change your stand on alcohol, and how important a few more dollars in someone's pocket really is." Mr. Lawrence then distributed a copy of a letter Reverend Rick Giles, Administrative Coordinator of the Big Lake Baptist Assoication, whose main office is located within the City. He read only the last paragraph of Reverend Giles letter into the record as follows: "Please know that we are most grateful to each of you, for putting in the countless hours and days, in order to make this city the wonderful place that it is. You should also remember you are not only responsible for the greatness of Okeechobee, but the health, safety, and welfare for her people. The decision you make should be in the best interest of all the people of Okeechobee." Mrs. Nunez, then requested to readdress the Council. She stated this is not about money for us, it's about the fairness of the city businesses and the safety of the residents. Everybody who drinks is not an alcoholic. I drink it myself for my anxiety, a few beers will calm me down instead of having to go to the ER thinking I'm having a heart attack. Mr. Jose Sanchez addressed the Council stating I drink, but I don't drink and drive, people who want to go to church, will go to church go, people who want to go to drink, will drink. Most people drink Monday through Friday. I can buy all I want to have to available for me to drink on Sunday. We aren't going to change any of that by changing the regulations. There being no further comments from the public, Mayor Watford asked for the Council's comments. Cook, the ordinance that was read, advertised, and on the floor for consideration is the original draft. Within Ex 1 1 included two additional ordinances with changes from the original denoted by highlight, these are also noted as Option A and Option B. Option A changes the time you can start selling liquor on Sunday from 11 AM to 1 PM, and that only those resturants that meet the specific definition of a restaurant can sell the alcohol, but they still have to apply for a special permit in order to sell it, but there is no charge for the permit. Option B is almost identical to the County's, it allows sales of alcohol on Sundays starting at 1 PM, no matter the type of restaurant and allows for package sales as well. Chandler, opposed parts of the original. Prefer keeping it 1 pm same as county regulations. Either one will be fine. Watford, remind everyone the motion on the floor is to adopt the original ordinance, meaning the sale of liquor can begin at 11 am, only for restaurants that meet the definition, apply and pay for a permit to do so, unless there is a motion to amend offered. Motion and second by Council Members Chandler and O'Connor, to amend proposed Ordinance No. 1150 as set out in Option A as follows: For Section 6-1, paragraph (b) remove "beer and wine" and insert "alcohol;" after 2.00 a.m. insert "Sunday;" remove "to 11:00 a.m." and insert "and 1:00 p.m." (b) Sale of Deerand e alcohol limited on Sunday. Except as otherwise provided in this section, for qualifying establishments it shall be unlawful for any per§on or entity holding an alcoholic beverage license issued by fthe sState of Florida to serve, to sell, or ep,rmit saUS8 to be served or sold; or consumed in to po~i* the sale, se^G or on their premises seas ption e# beer and, defined iR F.S. ch. 563, ec wine S. , between the hours of 2:00 a.m. Sunday Sunday, and 1:00 P.m. to I 1 -99 a.M: and 1 00 o m Sunday. Remove renumbered paraqraph (c) regarding Certain Sundav holidav sales aermitted. Renumber paragraph (d) to (c) Authority of police department; and (e) to (d) Certain Sunday liquor sales permitted, additionally in this paragraph remove "11:00 a.m. to 2:000 a.m. Monday: and insert 1:00 p.m. to 12:00 midnit on Sunday. e)A Certain Sunday liquor sales permitted. It shall be lawful for certain qualifying establishments to sell or serve all alcoholic beverages including beer. wine Page 3 of 7 by package or drink and liquor by the drink but not by package sales on Sundays from the hours of 1 0 p.m. to 1200 Midnight on Sunday, under the following circumstances: k Renumber paragraphs (f) to (e) Limitation on package or off -premises sales; (h) to (q) Qualifying establishment permits and within this paragraph remove "sell or serve liquor by the drink, and insert "operate; " as well as remove paragraph 5 under (q); #�� Qualifying establishment permits As a prerequisite to operation an establishment that qualifies under this section and wishes to � �' t#e-dr+nk o ep rate on Sunday shall obtain a permit from the City of Okeechobee with the following information Renumber paragraph (i) to (h) Permit suspension, and remove "issue fines, permit suspension, or recommend license revocation to the City Council," insert "suspend or revoke, any Business Tax Receipt (BTR) license" and remove "of any permit". Permit suspension. The City of Okeechobee Code Enforcement Board may '^ +' '+ + �' ++ +h r•+ SeuaGil suspend or revoke any Business Tax Receipt (BTR)seny2ef-a� issued hereunder any of the following circumstances In paragraph 1 under (h) insert "or failure to renew BTR" and remove "of business tax." 1. Loss or failure to renew ^foP44sin� BIR license alcohol sales license or lapse of liability insurance. In paragraph h, third paragraph, add as the last sentence "These suggested penalties are in addition to any imposed by the State of Florida." In the fourth paragraph, at the end of the second sentence insert "or revocation " Any of these penalties may be imposed commensurate with the severity of the violation and need not be imposed in the order they are listed These suggested penalties are in addition to any imposed by the tat of Florida The owner or authorized representative of the establishment shall be notified by notice of public meeting that this decision is placed on the agenda of the Cif Council, who shall have final decision as to such suspension or revocation. For Section 6-2, in renumbered paragraphs (c), (d), and _(e) remove the words "Business Tax Receipt" and "occupational license" and insert "BTR" (e) (c) This section shall not apply to any business establishment presently operating under a valid oCity Business Tax R^^ ^+ BTR eccupatfeaal license on the effective date of the ordinance from which this restriction is derived and located closer than the restricted distances to any church, school, or day care center. (€) M Any existing business establishment on the effective date of the ordinance from which this restriction is derived selling alcoholic beverages, and operating under a valid sCity Business Tax Re ^+QTR essupational-lisease which is located closer to a church, school, or day care center than as provided in this section, shall not hereafter be permitted to expand or enlarge the existing square footage of the building. (g) (e) Any existing business establishment selling alcoholic beverages which is located closer to a church, school, or day care center than as provided in this section may continue such use so long as the owner or occupant holds a valid oCity BusiRess Tax R^^^'^+ QTR eccupa+i^^ license cense and alcoholic beverage license from the state. However, once the business is sold or transferred, and another use is made of the location, such location shall not thereafter be re- established for the sale of alcoholic beverages, unless in compliance with this section. Discussion on the motion to amend: Clark, questions difference 11 am to 1 pm beer, wine & alcohol, no annual fee, and package stores couldn't sell liquor but beer and wine only. Why not change to allow package? Watford, sometimes better to compromise and take what you can get. I can support both sides. I'm struggling to support it as is and if you added package sales I wouldn't be supporting it. I consider it a compromise. Clark, describing what a restaurant is, pizza parlor that doesn't provide a full course meal, then they couldn't sell liquor. Cook, pulled that language from last time this was discussed. Option A could be amended to allow sale any establishment that has a license from the state to sell alcohol whether restaurant or taco stand. Ritter, first I want to thank Mr. Lawrence for attending and appreciate the thoughts of those re represented. They are all good points. However, I don't believe those are the issues that we are dealing with here. It's up to the City Council to provide a fair and equitable environment for city businesses to be successful, otherwise they can (and have) relocate outside the city limits, causing revenue to be lost to the city. The same issues do not apply any longer that applied when the law was originally adopted, the climate has changed tremendously, regulations outside the city limits has changed. Then, Page 4 of 7 turned to address the proposed language in the ordinance, I want to see something simpler that what we have. I do agree with what Watford said in responding about the package sales regarding us taking a big leap here, and we are doing this in baby steps, but I don't see difference in package or restaurant, a city business is a business. Really like Option B. If have to go by A, then I would like to see it simplified and permit language taken out. Cook, then the simplest solution would be to adopt the amendments listed in Option B, and amend that language to prohibit package sales for alcohol. Council Member O'Connor withdrew his second; Council Member Chandler withdrew his motion to amend. Council Members Chandler and O'Connor then made a motion and second to amend to proposed Ordinance No 1150, with amendments as set out in Option B, included in Exhibit 1, with the addition of language to not allow liquor package sales. Specific amendments are as follows: amend the title by removing "LIQUOR ON SUNDAYS IN LIMITED CIRCUMSTANCES; TO PROVIDE FOR SALES OF LIQUOR ON SUNDAYS BY BONA FIDE RESTAURANTS;" and insert "ALCOHOL WITHIN THE CITY;" AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 6 ALCOHOLIC BEVERAGES, CODE OF ORDINANCES; PARTICULARLY SECTION 6-1, 6-2 AND THEREOF; TO PROVIDE FOR SALE OF ALCOHOL WITHIN THE CITY; LIQUOR ON SUNDAYS IN RESTAURANTS;LIMITED CIRCUMSTANCES; TO PROVIDE FOR SALES OF LIQUOR ON R1 INDAYS- CREATING PROVISION FOR SPECIAL PERMIT FOR RESTAURANT SALES; PROVIDING FOR PENALTIES; AMENDING DISTANCE FROM CHURCH, SCHOOLS OR DAY CARE CENTERS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Amend the preamble, fifth whereas removing "provisions to permit sales of liquor on Sundays can be strictly limited to qualifying commercial establishments, and yet retain a ban on general sales of liquor to the public, which, when balanced with economic development, would be of benefit to the City, its citizens and taxpayers" and inserting "for the purpose of enforcement of the ordinance, it is deemed appropriate to fashion an ordinance tha tis similar in nature and time to that existing for Okeechobee County." Amend Section 6.1, paragraph (b) remove "beer and wine" and insert "alcohol" in the paragraph title Remove "for qualifying establishments;" remove "beer and wine;" insert "all alcoholic beverages;" after 2.00 a.m. insert "Sunday;" remove "to 11:00 a.m." and insert "and 1:00 p.m." Add as the last sentence "All alcoholic beverages may be sold, served or consumed on Sundays from 1:00 p.m. to midnight, excluding package sales of liquors." (b) Sale of been apd 141iPe alcohol limited on Sunday. Except as otherwise provided in this section, f9F qualifying establ•shF%RtS it shall be unlawful for any person or entity holding an alcoholic beverage license issued by frer�the sState of Florida diViSiOR of alGOh9l G beverages and tehapne to serve, to sell, or permit GaUSe to be served or sold, or consumed in to permit the wan,' se%;Ge- or on their premises wipeas defined in F 2 , all alcoholic beverages between the hours of 2:00 a.m. S_tmday Sunday, and1:00 p.m. to 1.a40 ;— and 1.00 pm Sunday. All alcoholic beverages may be sold served or consumed on Sundays from 1:00 p m to midnight excluding package sales of K fors Remove renumbered paragraph (c) regarding Certain Sunday holiday sales permitted (d) k!� Gertain Su y holidaix F;aligg perp4&d. if the holidays of New YeaF's Eye, New Year's Day, Christmas Eve, er the Fourth of july were t fall on a SURday iR aRy GaleRdaF year, aRy persen eRtitV or retail estab!'ShMeRt laWfUlly helding an alGeholic IiGeRse js� from 1hp s2tatp A Florida div;s'GR of alGoheliG beveFages and tebaGGO may, at their optieR, Femain E)p8R for the sale of any beeF and W.RG permitted by such lireAse frpi� I SUGh SURday until 2:00 a.m. OR Monday ME)FRing falleWiRg suGh SuRday holidayi and at their eptio- F the sale ef lique.r-from 11 �00 a.m. Sunday to 20 a.m Allnnd.,'Rdlidinq sales. Renumber paragraph (d) to (c) Authority of police department Remove all language in proposed paragraphs (e), (f), (q), and (h). Renumber proposed paragraph (i) to (d) Permit suspension Within this paragraph remove "issue fines, permit suspension, or recommend license revocation to the City Council," and insert "suspend or revoke, any Business Tax Receipt (BTR) license" and remove "of any permit". (d) Permit suspension. The City of Okeechobee Code Enforcement Board, may 06sue fines. peFmot SUS^e^S49^ 8Rd liGG ^^+0A^ tp +tip. City CouaGil; impend or revoke, any Business Tax Receipt (BTR) license of any issued hereunder any of the following circumstances Under paragraph (d), in paragraph numbered 1. insert "or failure to renew BTR" and remove "of business tax." And remove the second paragraph numbered as "4. Revocation of permit." 1. Loss or failure to renew of bu&�P� BSB license, alcohol sales license, or lapse of liability insurance. 4. Re„ afion A-f permit. Page 5 of 7 In paragraph (d), third paragraph, add as the last sentence "These suggested penalties are in addition to any imposed by the State of Florida." In the fourth paragraph, first sentence add "suspend or" before revoke the permit. At the end of the second sentence insert "or revocation." Any of these penalties may be imposed commensurate with the severity of the violation and need not be imposed in the order they are listed These suggested penalties are in addition to any imposed by the tat f Florida The owner or authorized representative of the establishment shall be notified by notice of public meeting that this decision is placed on the agenda of the City Council, who shall have final decision as to such suspension or revocation For Section 6-2, in renumbered paragraphs (c), (d), and (e) remove the words "Business Tax Receipt" and "occupational license" and insert "BTR" M jc� This section shall not apply to any business establishment presently operating under a valid GCity RYS;^ess Tax ReG ^+ BTR E)GGupationai I Gen on the effective date of the ordinance from which this restriction is derived and located closer than the restricted distances to any church, school, or day care center. M (d) Any existing business establishment on the effective date of the ordinance from which this restriction is derived selling alcoholic beverages, and operating under a valid sCity Business Tax ReG ^+ BTR occupat'9Ral IiGen ^ which is located closer to a church, school, or day care center than as provided in this section, shall not hereafter be permitted to expand or enlarge the existing square footage of the building. 4 (e) Any existing business establishment selling alcoholic beverages which is located closer to a church, school, or day care center than as provided in this section may continue such use so long as the owner or occupant holds a valid sCity Rus'ness Tax °^^ ^+ BTR occupation "sepse and alcoholic beverage license from the state. However, once the business is sold or transferred, and another use is made of the location, such location shall not thereafter be re- established for the sale of alcoholic beverages, unless in compliance with this section. Chandler, you have to have change to grow. The East & West coasts are coming in this way. Still have to have our moral values, and believe we need to keep those values, do consider this a compromise since no alcohol can be sold on Sundays until after 1 pm. Watford, and each of us can represent those in their own way. WATFORD — YEA O'CONNOR — YEA No further discussion offered. c) Vote on motion. VOTE ON MOTION TO AMEND: CHANDLER — YEA RITTER — YEA CLARK — YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED As AMENDED. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:39 PM NEW BUSINESS A. Consider appointments to the Okeechobee Utility Authority Board — City Administrator Council Member Chandler moved to reappoint Mr. Tommy Clay as the Regular Member (term sunsets March 1, 2021) and Mr. Jeff Fadley as the Alternate Member (term sunsets March 1, 2019) to the Okeechobee Utility Authority Board as the City's representatives; seconded by Council Member Ritter. Discussion: Watford, appreciate them serving on our behalf. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. Page 6 of 7 B. Motion and second by Council Members Chandler and Clark to approve an Agreement to Piggyback a Contract for Services Bid by another Governmental Entity (Okeechobee Board of County Commissioners) for cleaning services by Scott's Quality Cleaning, LLC, in the amount of $21,735.36 Annually — City Administrator (Exhibit 2). Discussion: MDO they are our current cleaning company. County rebid the contract. We are essentially renewing. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. C. Motion and second by Council Members Ritter and O'Connor to approve transfer of a surplus item, a 2006 Ford Crown Victoria vehicle to the Okeechobee County Sheriff's Office — City Administrator (Exhibit 3). Discussion: MDO, the city accepted this vehicle from the SO years ago, they still have one in operation and can use this for parts. Since it was donated to us, its only fitting to return it for them to use over the option of selling for scrap. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA D. Discuss status of Primitive Baptist Church — Mayor Watford (Exhibit 4). CLARK — YEA MOTION CARRIED. Watford, property was donated to the church from Peter and Louisianna Raulerson. Reverter clause would go back to the family. So many heirs and not a lot of value. Brought up for discussion to donate to the city and use. 1st step is a title search, approx. $75 if we want to move in this direction. I wanted to bring it to you and see what your thoughts were. Chandler are they going to donate it to the city? Watford the ones I've talked to have said that. Ritter like this idea and even the museum idea. Watford me too, has to be a municipal use for us to obtain it. The buildings would have to be inspected whether engineered sound. Council Member Ritter moved to approve to have title search conducted on the Primitive Baptist Church property located at 1003 Southwest 3,d Avenue (LEGAL DESCRIPTION: Lots 9, 10, 11, and 12 of Block 8 SOUTH OKEECHOBEE, Plat Book 1, Page 12); seconded by Council Member Clark. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. IX. ADJOURNMENT - Mayor There being no further items on the agenda, Mayor Watford adjourned the meeting at 6:46 PM Page 7 of 7 City of Okeechobee, February 21, 2017 Meeting Minutes taken during the meeting by 6A4x CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on February 21, 2017, at P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. II. OPENING CEREMONIES: The invocation was given by Associate Pastor Jim Dawson of the First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Noel Chandler Present Council Member Monica Clark Present Council Member Mike O'Connor Present Council Member Gary Ritter Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Fire Chief Herb Smith Present Police Chief Bob Peterson Present Public Works Director David Allen Present IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. We/ B. Mayor Watford opened the floor for public participation for any issues not on the agenda. An agenda item form or comment card is required; citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Page 1 of 6 V. MINUTES — City Clerk A. Council Member_ moved to dispense with the reading and approve the Summary of Council Action for the meetings of February 7, 2017; seconded by Council Member _KAO . Discussion: VOTE: WATFORD — YEA CHANDLER — YEA ,CLARk"— YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. VI. WARRANT REGISTER Ity Administrator A. Council Member moved to approve the January 2017 Warrant Register in the amounts: General Fund, five hundred forty-four thousand, eight hundred forty-six dollars and twenty cents ($544,846.20); Capital Improvement Projects Fund, two hundred seventy-nine thousand, three hundred ninety-six dollars and twenty- nine cents ($279,396.29); Public Facilities Improvement Fund, twenty-six thousand, three hundred eighty-six dollars and ninety-nine cents ($26,386.99); and aw Enforcement Special Fund, one hundred dollars and zero cents ($100.00); seconded by Council Member_. Discussion: W VOTE: WATFORD — YEA CHANDLER — YEA _.C.LARK - YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayor Time: A.1.a) Motion and second by Council Members MID and NV,/ to read proposed Ordinance No. 11 0 by title only amending Alcoholic Beverage Hours, Sunday and Holiday Sales, Code Section 6-1 — City Administrator (Exhibit 1). b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA CLARX— YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. c) Attorney Cook read proposed Ordinance No. 1150 by title only asT%Rws ' RDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 6 ALCOHOLIC BEVERAGES, CODE OF ORDINANCES; PARTICULARLY SECTION 6-1, 6-2 AND THEREOF; TO PROVIDE FOR SALE OF LIQUOR ON SUNDAYS IN LIMITED CIRCUMSTANCES; TO PROVIDE FOR SALES OF LIQUOR ON SUNDAYS BY BONA FIDE RESTAURANTS; CREATING PROVISION FOR SPECIAL PERMIT FOR RESTAURANT SALES; PROVIDING FOR PENALTIES; AMENDING DISTANCE FROM CHURCH, SCHOOLS OR DAY CARE CENTERS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion and second by Council Members 4 and MQ to adopt proposed Ordinance No. 1150. b) Public comments and discussion. Anita Ifmu_ - Pucka o I►MJ-Soles �YCU� 6nl LaWOU n bhajf of FrsLach leC�er ,s �dkr K MYCaa''" He Asa read has p(� �' lJ '' D Page 2 of 6 S e—A A.2.b) Public comments and discussion on proposed Ord. No. 1150 continued Anito Nmez- A ram r sa d+s a bvc�t pYp �n� NO liquor/heer crud t urn& J0 st Saint Chi e -r- h av AW ml o r I)k, Man I -M q6 7a C,hcuM or do n k 'Atelull i1. OAP bud'm qk t1 i Sa hir- wed supolca2. Jhn k- st raP wast�infirqwt s A S s� C�17'16Sf lG�/'�CQl' fp �D7.lf?� c:?�4C'S /(��YDSfi'Y'Cf 0- �p�K DW- V6# Qn � nn k.re� G dirana as is, t�m.a Gvill he ld �m lu�less �V�t�a�r ke- M6hco' am¢nd adq7hiQrdlrancn.1150 COM �4 Secvrtd by c�R MC'- maf mod & die rea<sai 16 rest-icf it q u br sd&s r� Qfher husiwvs- Dw- sang �in�s c/r�ur� lc�cKKu t� fake ad �,� �Gre GUl1�le �abs. WiIl naf f Gvdwanc�moPcckks 1xrckrzqe �iha /f rs &mparnrw. IWO-Q hal� rZZ�i �(�,rlbr &2S11�' �1Q,U� gUGU"�P /i1�Q� � sal? 2 iC- � restaur�fs was pad�/Zfm 1kinpt, c) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEARITTER — YEA MOTION CARRIED. CLOSE PUBLIC HEARING 6"/�6 Page 3 of 6 VII1. NEW BUSINESS A. Consider appointments to the Okeechobee Utility Authority Board - City Administrator Discussion: Total Meetings from March 2015-February 2017: 25 Tommy Clay Absences: 6 Jeff Fadley Absences: 10 Mr. Clay emailed our office of his interest in re -appointment. Administrator MontesDeOca spoke with Mr. Fadley and was informed Mr. Fadley was also interested in re -appointment. Mofi� � lliC a�n0( VOTE: WATFORD — YEA CHANDLER — YEA " -- MRk —YEA O'CONNOR — YEA RITTER — YEA, C MOTION CARRIED. B. Motion and second by Council Members DA_ and W. to approve an Agreement to Piggyback a Contract for Services Bid by another Governmental Entity for cleaning services by Scott's Quality Cleaning, LLC, in the amount of $21,735.36 Annually ($1,811.28 per month) - City Administrator (Exhibit 2). Discussion: 2n /' Q S/' rmw 6). 6 � mn i -d (I &" a -&-Cz VOTE: WATFORD — YEA CHANDLER — YEA CLARY---YEA .._, O'CONNOR — YEA RITTER — YEA MOTION CARRIED. C. Motion and second by Council Member ( and ft to approve transfer of surplus item 2006 Ford Crown Victoria to Okeechobee County Sheriff's Office - City Administrator (Exhibit 3). Discussion: dMq,�d 6M�6 Y/1 d .S1 L� r� VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. , Page 4 of 6 D. Discuss status of Primitive Baptist Church — Mayor Watford (Exhibit 4). Pro�er� no long' used back ici f (�,lxussurrm C�1 -H� � u2�. ��sicta d"Uhin� � StleaiVc�' a.tc�Qd S"wl �r�fer'�s�d in v- MC)s hP lewd, 0 J�- -k & 6ff A� 1106 Y S-- �& 7L'. I & �,fIG7 (-'7LC� Jldl Page 5 of 6 IX. ADJOURNMENT - Mayor There being no further items on the agenda, Mayor Watford adjourned the meeting at� PM Page 6 of 6 �a+ has mu�l seer wid be �d�rzg � sfc� l� cs1-ab[�shm�n� �C I iC,�►��E �Y4rn � S%,1� u � FL its wt( ))ata/ GR Crm�i�eel s lik 4u s hos k dD uILlGi Ilk k c10 WA bUS119,SSe-c, 7Gr0J fis vho-f �jc/ CcKa ?� Wd - pus/w5s /'s a h lyss cad Vl OW GJqSINSVs it Succad� Olaf lo-wcL qb6-;7 tK'. (cd�4 (fJi7G)1 /b ltictcld ��( Sl/Iy�l�i �L C�xr/CGL �c (nClutl� flu /�k9 sr�/c cphan Mo.,� lbtf�raw end. �� A)C lr6hO� qd6pf 6 �JA �yc arnGrf- lG i/cl inUuds f'k9 liquor sccl�s� dro PconL A)c lave ", �n �v M Needrr�c� lc�e an lVehar� cgs /ILhon C�urt�d ORDINANCE NO. 1150 ' AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 6 ALCOHOLIC BEVERAGES, CODE OF ORDINANCES; PARTICULARLY SECTION 6-1, 6-2 AND THEREOF; TO PROVIDE FOR SALE OF LIQUOR ON SUNDAYS IN LIMITED CIRCUMSTANCES; TO PROVIDE FOR SALES OF LIQUOR ON SUNDAYS BY BONA FIDE RESTAURANTS; CREATING PROVISION FOR SPECIAL PERMIT FOR RESTAURANT SALES; PROVIDING FOR PENALTIES; AMENDING DISTANCE FROM CHURCH, SCHOOLS OR DAY CARE CENTERS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, possesses a legitimate interest to govern the sales of alcoholic beverages within the City; and WHEREAS, the City has historically prohibited sales of alcohol on Sundays, being a day of worship, except in limited circumstances for beer and wine; and WHEREAS, with the growth and expansion of the City, and the development of restaurants, lodging and nationally recognized chain operations locating to the City, the permission to sell liquor to its patrons on Sundays has proven to be a request by such operations as a condition of locating in the City; and WHEREAS, such commercial growth is vital to the community and citizens of Okeechobee, so long as the City's fundamental interests are met, that would limit the sale of alcohol of every nature on Sundays; and WHEREAS, provisions to permit sales of liquor on Sundays can be strictly limited to qualifying commercial establishments, and yet retain a ban on general sales of liquor to the public, which, when balanced with economic development, would be of benefit to the City, its citizens and taxpayers. NOW THEREFORE, be it ordained by 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: Section 1. That the provisions of Chapter 6, Alcoholic Beverages, Code of Ordinances for the City of Okeechobee Florida, is hereby amended to the following extent: Section 6-1. Hours; Sunday sales; holiday sales. (e) (a) Hours for sale of all alcoholic beverages. Except as otherwise provided in this section, it shall be unlawful for any person or entity holding an alcoholic beverage license ffe+R issued by the sState of Florida dqyFsien ef alGehGliG b8VeFages and tebaGGe to serve or sell, or cause to be sold or consumed, or to permit the sale or consumption of any alcoholic beverage between the hours of 2:00 a.m. and 7:00 a.m. daily, Monday through Saturday;740 . . - - a..... SatUFday and 2:00 a.m. Sunday, and beeF and WiRe may be seld eR SURday (b) Sale of beer and wine limited on Sunday. Except as otherwise provided in this section, for qualifying establishments, it shall be unlawful for any person or entity holding an alcoholic beverage license issued by frern the sState of Florida to serve, to sell, or permit saase to be served or sold, or consumed in to ^^Fm t the sale, se ^^ or on their premises, GGRSUFRpti beer and as wine , between the hours of 2:00 a.m. SURday, and 1:00 p.m. to 11:00 a.m. Sunday. Ordinance No. 1150 Page 1 of 5 Language to be added is underlined. Language to be deleted is stFask ttueagh. (d-) u Certain Sunday holiday sales permitted. If the holidays of New Year's Eve, New Year's Day, Christmas Eve, Christmas Day, or the Fourth of July were to fall on a Sunday in any calendar year, any persen entity or retail establishment lawfully holding an alcoholic beverage license issued by #rem the sState of Florida Leverages and tE)ba Ge may, at their option, remain open for the sale of any beer and wine pelcm tted by such liG8Rse from 11:00 a.m. on such Sunday until 2:00 a.m. on Monday ; and at their option remain open for the sale of liquor from 11:00 a.m. Sunday to 2:00 a.m Monday, including package sales. (e) LqJ Authority of police department. The chief of police, or his officers, may enter upon and into any establishment holding an alcoholic beverage license issued by €retm the &State of Florida for inspection purposes, or other such purpose as permitted by general law, during such business hours, or at such time as the license holder, his agent or employee, or such other persons who may be within the premises, to determine compliance with this section. If it reasonably appears to the officer that alcohol is being served, consumed or sold, past the time permitted in this section, the chief of police, or his officers, are authorized to immediately order the establishment to be closed. This failure to comply with this section may also subject the license holder, the owner of the business, or a tenant leasing from a license holder to any additional penalties as may be imposed by F.S. ch. 162, or this Code. (e) Certain Sunday liquor sales permitted It shall be lawful for certaingualifving establishments to sell or serve all alcoholic beverages including beer, wine by package or drink, and liquor by the drink, but not by package sales on Sundays from the hours of 11:00 a.m. to 2:00 a.m. on Monday, under the following circumstances: That the establishment be a bona fide restaurant which is defined as an establishment engaged primarily in the service of food and nonalcoholic beverages where the sale or service of alcoholic beverage is incidental to the sale and service of food and nonalcoholic beverages, and meets all of the following criteria: 1. A bona fide restaurant must, durinq all hours of operation. continually offer food service consisting of full course meals which include a salad or vegetable, entree and beverage. 2. Such restaurant shall have full kitchen facilities and preparation staff capable of preparing and serving full course meals during all hours of operation for the full occupancy load of the establishment. 3. Such restaurant must have a customer service area consisting of tables chairs or counters, of adequate size to serve full course meals. 4. Such restaurant must have a minimum load capacity to seat and serve 50 or more customers simultaneously. (f) Limitation on package or off -premises sales. For a bona fide restaurant qualifying for Sunday liquor sales, it shall be unlawful to make package sales of liquor by the bottle or single drinks to be taken off -premises except as provided in subsection (c) herein (q) Limitations on location of establishment No establishment which qualifies as a bona fide restaurant to sell and serve liquor on Sunday as provided herein shall be physically located within 100 feet of a church, school or day care center, measured from the front door of the establishment to the front door of the church school or day care center. Exempted from such requirements are any currently existing and permitted establishments that were in place prior to the establishment of the church school or day care center. Such distance shall be measured by a straight line from door to door, and not along streets or rights -of -way. (h) Qualifying establishment permits As a prerequisite to operation an establishment that qualifies under this section and wishes to sell or serve liquor by the drink on Sunday, shall obtain a permit from the City of Okeechobee with the following information: 1. Current business tax operation license, with fictitious name registration if applicable or certificate of incorporation with registered agent Ordinance No. 1150 Page 2 of 5 Language to be added is underlined. Language to be deleted is s§asl tdreugh, 2. Ctffrent premises and property liability insurance Mtficate in a minimum sum of $1,000,000.00 dollars aggregate coverage. 3. Floor plan or drawing with square footage of facility, location of kitchen, bar, and customer service area, with designation of number and placement of tables and chairs. 4. Current license issued by State of Florida permitting sale of alcohol, beer, wine, and liquor. 5. Payment of special permit fee calculated at $ 250.00 annually. (i) Permit suspension. The City of Okeechobee Code Enforcement board, may issue fines, permit suspension, or recommend license revocation to the City Council, of any permit issued hereunder any of the following circumstances: 1. Loss of business tax license. alcohol sales license. or IaDSe of liabilit Insurance. 2. Arrest or conviction of staff members for sale of alcohol to underage persons. 3. Failure to adhere to permitted hours or conditions of operation. 4. Failure to maintain control and order at the establishment, including repeated necessity for law enforcement to respond or intervene at the establishment. 5. Permitting off premises consumption or open container violations, or loitering in the outside walkway, common areas or parking lot of the establishment. 6. Complaints verified by law enforcement of adverse affects on neighboring properties, whether commercial or residential, including noise, trash, and vandalism. 7. Imposition of violation by the State against the establishment for any violation of the provisions of F.S. ch. 509. The penalties available to the Citv of Okeechobee for anv such violation shall include: 1. Warning letters to cease and desist. 2. Imposition of a fine against the establishment up to $250.00 for a first violation and up to $500.00 for any subsequent violation. 3. Suspension of permit to sell alcohol on Sundays for up to 5 days for a first violation and up to 30 days for any subsequent violation. 4. Revocation of permit. Any of these penalties may be imposed commensurate with the severity of the violation, and need not be imposed in the order they are listed. Anv recommendation to the Citv Council by the Citv Code Enforcement board to suspend or revoke such permit shall first be made in writing to the establishment, directing that they cease the unauthorized activities upon a second verified violation by the establishment within a 60 day period, the establishment shall be provided a notice of intent to revoke the permit. The owner or authorized representative of the establishment shall be notified by notice of public meeting that this decision is placed on the agenda of the City Council who shall have final decision as to such suspension. The decision of the City Council shall be supported by substantial, competent evidence, which may be appealed by the violator to the Circuit Court. Ordinance No. 1150 Page 3 of 5 Language to be added is undedined. Language to be deleted is strasktkreugh. low 4*W Sec. 6-2. Distance from church, school, or day care center. (a) , eNo place of business within the City of Okeechobee that is licensed and permitted to sell alcoholic beverages, shall sell, serve, or permit to be sold or serve alcoholic beverages on or in the premises and fer-the Iand use map of the Gity shall be located within a distance of 100 feet ed eF 'til Zed by aRy e +ab'z=r�li + from a church, school, or day care center- (b) EXGept feF unless, upon application of the business owner to the sCity eCouncil, the Council approves the location as grernetiRg not significantly affecting the public health, safety, and general welfare of the eCity under proceedings as provided in F.S. § 166.041(3)(c). This restriction shall not, however, be construed to prohibit the issuance of temporary permits to certain nonprofit organizations as provided for in F.S. § 561.422. The diVieiee City Council shall may not waive the distance requirement or issue a change of a licensee's location unless the licensee provides documentation of proper zoning from the eCity zoning authorities. Will.IN . (d) (b) The distance shall be measured along a straight line from the front door of such business to the front door of such church, school, or day care center. Each church, school, day care center and business selling alcoholic beverages shall permanently designate to the eCity the sole front door upon which the distance measurement shall be based. (e) U This section shall not apply to any business establishment presently operating under a valid eCity Business Tax Receipt eGlawpational liGense on the effective date of the ordinance from which this restriction is derived and located closer than the restricted distances to any church, school, or day care center. (9 (dd) Any existing business establishment on the effective date of the ordinance from which this restriction is derived selling alcoholic beverages, and operating under a valid eQity Business Tax Receipt , which is located closer to a church, school, or day care center than as provided in this section, shall not hereafter be permitted to expand or enlarge the existing square footage of the building. (g-) Le) Any existing business establishment selling alcoholic beverages which is located closer to a church, school, or day care center than as provided in this section may continue such use so long as the owner or occupant holds a valid sCity Business Tax Receipt and alcoholic beverage license from the state. However, once the business is sold or transferred, and another use is made of the location, such location shall not thereafter be re-established for the sale of alcoholic beverages, unless in compliance with this section. Section 2. CONFLICT. That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed. Section 3. SEVERABILITY. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court or competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. Section 4. EFFECTIVE DATE, This Ordinance shall take effect immediately upon its passage. Ordinance No. 1150 Page 4 of 5 Language to be added is underlined. Language to be deleted is gyp. INTRODUCED for First Reading and set for Final Public Hearing on this 7th day of February, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk Dowling R. Watford, Jr., Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 215t day of February, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1150 Page 5 of 5 Language to be added is underlined. Language to be deleted is sbasktkueugh. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 6 ALCOHOLIC BEVERAGES, CODE OF ORDINANCES; PARTICULARLY SECTION 6-1, 6-2 AND THEREOF; TO PROVIDE FOR SALE OF LIQUOR ON SUNDAYS IN LIMITED CIRCUMSTANCES; TO PROVIDE FOR SALES OF LIQUOR ON SUNDAYS BY BONA FIDE RESTAURANTS; CREATING PROVISION FOR SPECIAL PERMIT FOR RESTAURANT SALES; PROVIDING FOR PENALTIES; AMENDING DISTANCE FROM CHURCH, SCHOOLS OR DAY CARE CENTERS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, possesses a legitimate interest to govern the sales of alcoholic beverages within the City; and WHEREAS, the City has historically prohibited sales of alcohol on Sundays, being a day of worship, except in limited circumstances for beer and wine; and WHEREAS, with the growth and expansion of the City, and the development of restaurants, lodging and nationally recognized chain operations locating to the City, the permission to sell liquor to its patrons on Sundays has proven to be a request by such operations as a condition of locating in the City; and WHEREAS, such commercial growth is vital to the community and citizens of Okeechobee, so long as the City's fundamental interests are met, that would limit the sale of alcohol of every nature on Sundays; and WHEREAS, provisions to permit sales of liquor on Sundays can be strictly limited to qualifying commercial establishments, and yet retain a ban on general sales of liquor to the public, which, when balanced with economic development, would be of benefit to the City, its citizens and taxpayers. NOW THEREFORE, be it ordained by 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: Section 1. That the provisions of Chapter 6, Alcoholic Beverages, Code of Ordinances for the City of Okeechobee Florida, is hereby amended to the following extent: Section 6-1. Hours; Sunday sales; holiday sales. (a) ale f ggyer s r led ^h Sunday. C.,^^p, as et heFwise .yided i.9 this eefier t hoynluwful fe f th I;" skull-.,.. ,. a an�ersen held;nQ an-aleo#�elic beve=age lis�l=se I,�,�—rv-�:,� agl.,s a, s-.e serve te sell, -o•r GaYSe to 13e se!„ ep-ta permit the sago rice OF GE ,saga 94der-as-defieed in F.S. sh. 565, but ell ,di+�g het,d 2�nn�SY19d d 7:00 M day aeeLand wine, � r...�; � � ap-any,-,-�.-aT-��T W (a) Hours for sale of all alcoholic beverages. Except as otherwise provided in this section, it shall be unlawful for any person or entity holding an alcoholic beverage license fFem issued by the &State of Florida divisien of aleeheliG beveFagesto serve or sell, or cause to be sold or consumed, or to permit the sale or consumption of any alcoholic beverage between the hours of 2:00 a.m. and 7:00 a.m. daily, Monday through Saturday;_ providing ferJarifieat+en t?iatRRy alsehelis be may alse be Bela-#em- ?:09-a-m. Stnt Fday and 2:00 a.m. Sunday, and beer and wine may be sell eR S Rd ,, F)-tW-on +ho hn ^f 140 ., .,.-I `J nn m'rJ.-, nL,+ (b) Sale of bOeF wipe alcohol limited on Sunday. Except as otherwise provided in this section, for qualifying establishments, it shall be unlawful for any person or entity holding an alcoholic beverage license issued by frem-the sState of Florida beverages afl tohamee to serve, to sell, or ep rmit eaese to be served or sold; or consumed in to permit the sale, se ee or on their premises, GonsymptieR ef beer and as defined in F.S. eh 563 eF wine as defined in--F.S. e`;. 564, between the hours of 2:00 a.m. �Cld�XSuRday,-te 11:89-and 1:00 p.m. Sunday. Ordinance No. 1150 (Option A) Page 1 of 5 Language la he added is underlined. Language N be deleted is Changes to be added to Original Is da bleyndeNnat and N ;Ng7 w Changes to be deleted Ir— Original are slwek- .gA and hMl,Y.ed. (e4 �d} Uc Authority of police department. The chief of police, or his officers, may enter upon and into any establishment holding an alcoholic beverage license issued by 49FR the &State of Florida diws,i -of- for inspection purposes, or other such purpose as permitted by general law, during such business hours, or at such time as the license holder, his agent or employee, or such other persons who may be within the premises, to determine compliance with this section. If it reasonably appears to the officer that alcohol is being served, consumed or sold, past the time permitted in this section, the chief of police, or his officers, are authorized to immediately order the establishment to be closed. This failure to comply with this section may also subject the license holder, the owner of the business, or a tenant leasing from a license holder to any additional penalties as may be imposed by F.S. ch. 162, or this Code. %1A) Certain Sundav liquor sales permitted. It shall be lawful for certain gualifying establishments to sell or serve all alcoholic beverages, including beer, wine by package or drink, and liquor by the drink, but not by package sales, on Sundays from the hours of 1:00 p.m. to 12:00 midnight on Sunday. under the following circumstances That the establishment be a bona fide restaurant which is defined as an establishment engaged primarily in the service of food and nonalcoholic beverages, where the sale or service of alcoholic beverage is incidental to the sale and service of food and nonalcoholic beverages, and meets all of the following criteria: 1. A bona fide restaurant must. durina all hours of operation. continually offer food service consisting of full course meals, which include a salad or vegetable, entree and beverage. 2. Such restaurant shall have full kitchen facilities and preparation staff capable of preparing and serving full course meals during all hours of operation for the full occupancy load of the establishment. 3. Such restaurant must have a customer service area consisting of tables, chairs or counters, of adequate size to serve full course meals. 4 Such restaurant must have a minimum load capacity to seat and serve 50 or more customers simultaneously. 44 Lel Limitation on package or off -premises sales. For a bona fide restaurant qualifying for Sunday liquor sales, it shall be unlawful to make package sales of liquor by the bottle, or single drinks to be taken off -premises, except as provided in subsection (c) herein. �a4 (f) Limitations on location of establishment. No establishment which qualifies as a bona fide restaurant to sell and serve liquor on Sunday as provided herein shall be physically located within 100 feet of a church, school, or day care center, measured from the front door of the establishment to the front door of the church, school or day care center. Exempted from such requirements are any currently existing and permitted establishments that were in place prior to the establishment of the church, school or day care center. Such distance shall be measured by a straight line from door to door, and not along streets or rights -of -way. (a) Qualifying establishment permits. As a prerequisite to operation an establishment, that qualifies under this section and wishes to operate on Sunday, shall obtain a permit from the City of Okeechobee, with the following information: 1. Current business tax operation license, with fictitious name registration, if applicable, or certificate of incorporation with registered aaent. Ordinance No. 1150 (Option A) Page 2 of 5 Language to be added is unded-d. Language to be deleted is sa 94 xgh Changes 11, added 10 Original i d-ftki dorh-d and hghbyr.d. Changes '.I be deleted from Original are stwA:4—gb and hCP 'ed. 2. Current premises and property liability insurance certificate in a minimum sum of $1,000 000.00 dollars aggregate coverage. 3. Floor plan or drawing with square footage of facility, location of kitchen, bar, and customer service area with designation of number and placement ol. tables and chairs. 4. Current license issued by State of Florida permitting sale of alcohol beer, wine and liquor. &7speGial250.90 a {+) (hi Permit suspension The City of Okeechobee Code Enforcement Board may i6&ue suspend r revoke any Business Tax Receipt (BTR) license eFFR+t issued hereunder any of the following circumstances: 1. Loss or failure to renew of busiReGs tax BTR license alcohol sales license or lapse of liability insurance. 2. Arrest or conviction of staff members for sale of alcohol to underage persons. 3. Failure to adhere to permitted hours or conditions of operation. 4. Failure to maintain control and order at the establishment including repeated necessity for law enforcement to respond or intervene at the establishment. 5. Permitting off premises consumption or open container violations, or loitering in the outside walkway, common areas or parking lot of the establishment. 6. Complaints verified by law enforcement of adverse affects on neighboring properties whether commercial or residential including noise, trash and vandalism. 7. Imposition of violation by the State against the establishment for any violation of the provisions of F.S. ch. 509. The penalties available to the City of Okeechobee for any such violation shall include: 1. Warning letters to cease and desist. 2. Imposition of a fine against the establishment up to $250.00 for a first violation and up to $500.00 for any subsequent violation. 3. Suspension of permit to sell alcohol on Sundays for up to 5 days for a first violation and up to 30 days for any subsequent violation. 4. Revocation of permit. Anv of these penalties may be imposed commensurate with the severity of the violation and need not be imposed in the order they are listed These suggested penalties are in addition to any imposed by the State of Florida. Any recommendation to the City Council by the City Code Enforcement Board to suspend or revoke such permit shall first be made in writing to the establishment, directing that they cease the unauthorized activities; upon a second verified violation by the establishment within a 60 day period the establishment shall be provided a notice of intent to revoke the permit The owner or authorized representative of the establishment shall be notified by notice of public meeting that this decision is placed on the agenda of the City Council who shall have final decision as to such suspension or revocation. The decision of the City Council shall be supported by substantial competent evidence, which may be appealed by the violator to the Circuit Court. Ordinance No. 1150 (Option A) Page 3 of 5 Language !o be added is underlined. Language to he deleted is seek th eeg4 Changes to be added to Original is do Me-,dedped and F , V*d. Changes to be deleted ft- Original are sbepNM o and h,F.MgN.c.1. Sec. 6-2. Distance from church, school, or clay care center, (a)-��epE-os pro-v+�eef " er�(fr; a bies�ete� RNo place of business within the City of Okeechobee that is licensed and permitted to sell alcoholic beverages, shall sell, serve, or permit to be sold or serve alcoholic beverages on or in the premises and wort,",c tea!°-o-f �48e#o 4Gt,'e�feKaQe�9�! c`�FTdS-E�esiy^";u-c'c-c^,�EeFF?P-?eFsi-�L�JF-�Pr>�tria�9�?-t`r}e-fNtl=F=e be located within a distance of 100 feet 4-,FW-- "YiPe4 eLuti4�e iffy ao-y eeto-blis ee€ from a church, school, or day care center.. ��€xeept , nw�isee-4sensed-on-er-befe=e-J�rl�� o00 .;d ,., Eo-�i+aas-tk�a�nZ4sen-se�Ja-s "N a�ta�Fr-ants=T�`, d��o�-�,; leae�5-�-peree��};-o-;;-gre�fev�nees-fremr;"�e-s�€ood a�--nat�lEok}e€is-bes�erages;-ptrre�ta�t-t�F-�—sh��J9—a-z��t+or�--fez-an-p�em+ses ss+nsu;r�; Ieaho4e - of d w44 - 598 fee=ems re -real pFege#44ha�e 'SeS ^-pal+c ef-gfFvate-e!eF}�erntar -middle ssheef, o�eser�daP¢ s e re eeo-ter unless, upon application of the business owner to the eCity sCouncil, the Council approves the location as h4� not significantly affecting the public health, safety, and general welfare of the eCity under proceedings as provided in F.S. § 166.041(3)(c). This restriction shall not, however, be construed to prohibit the issuance of temporary permits to certain nonprofit organizations as provided for in F.S. § 561.422. The d4isiea City Council shall may not waive the distance reguirement or €s-sue- a change ip,�4e-sepses of it app.reve e4iai=�ge. of a licensee's location unless the licensee provides documentation of proper zoning from the c-City zoning authorities. 64 Pe P,a Ge-e—..&Pless-fer-.-T ., „��r�ges-lo-e�te�er�-aey-elder-!a^d-go- -;y,^,ut;.,,, ,f ;ham f ei�`�afl-�,�e-lec4tcd :^.'ithi„ ?nnoo_f_>✓T-of � (GL) L11) The distance shall be measured along a straight line from the front door of such business to the front door of such church, school, or day care center. Each church, school, day care center and business selling alcoholic beverages shall permanently designate to the eCity the sole front door upon which the distance measurement shall be based. {e) � This section shall not apply to any business establishment presently operating under a valid sCity ` BTR eGeupatieRal 4eease on the effective date of the ordinance from which this restriction is derived and located closer than the restricted distances to any church, school, or day care center. (f) (d) Any existing business establishment on the effective date of the ordinance from which this restriction is derived selling alcoholic beverages, and operating under a valid GUY SUSiReiss Tax . STIR eeeupaiieinal liseRSG,which is located closer to a church, school, or day care center than as provided in this section, shall not hereafter be permitted to expand or enlarge the existing square footage of the building. (93 Lg-) Any existing business establishment selling alcoholic beverages which is located closer to a church, school, or day care center than as provided in this section may continue such use so long as the owner or occupant holds a valid eCity Skw ese BTR GGGYPatiGR liGense and alcoholic beverage license from the state. However, once the business is sold or transferred, and another use is made of the location, such location shall not thereafter be re-established for the sale of alcoholic beverages, unless in compliance with this section. Section 2. CONFLICT. That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed. Section 3. SEVERABILITY. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court or competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. ,o be added Is underlined. Language Ordinance No, 1150 (Option A) Page 4 of 5 ' Language !a be dele@d is asrba assg4. Cl�.anges in be added to ONginal is do hin „dn oed and li �ngP.,ed. Changes to be deleted Gom Original are str &,Aknagh and +;rti INTRODUCED for First ,Reading and set for Final Public Hearing on this 777' day of February, 2017. ATTEST: Lane Ganiotea, CMC, City Clerk Dowling R. Watford, Jr., Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 21Sr day of February, 2017. ATTEST: Lane Ganiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1150 (Option A) Page 5 of 5 Language to be addeU is yLdgdined. .anguage �� be deleted is s6nN': �ree,k Changes to be added to Original is da hlc indnd'aod and hrlb4 .J. Changes b be deleted fi- Original are —. Wxeegb and hag! iSM .i. ORDINANCE NO, 1150 (OPTION B) b AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 6 ALCOHOLIC BEVERAGES, CODE OF ORDINANCES; PARTICULARLY SECTION 6-1, 6-2 AND THEREOF; TO PROVIDE FOR SALE OF ALCOHOL WITHIN THE CITY; TO PROVIDE FOR SALES OF LIQUOR ON SUNDAYS BY FIDE RESTAURANTS; -CREATING PROVISION FOR SPECIAL PERMIT Eno RESTAURANT SALESi PROVIDING FOR PENALTIES; AMENDING DISTANCE FROM CHURCH, SCHOOLS OR DAY CARE CENTERS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, possesses a legitimate interest to govern the sales of alcoholic beverages within the City; and WHEREAS, the City has historically prohibited sales of alcohol on Sundays, being a day of worship, except in limited circumstances for beer and wine; and WHEREAS, with the growth and expansion of the City, and the development of restaurants, lodging and nationally recognized chain operations locating to the City, the permission to sell liquor to its patrons on Sundays has proven to be a request by such operations as a condition of locating in the City; and WHEREAS, such commercial growth is vital to the community and citizens of Okeechobee, so long as the City's fundamental interests are met, that would limit the sale of alcohol of every nature on Sundays; and WHEREAS, . ts--th, f r ouroase of enforcement of the ordinance. it is deemed aplZronriate to fashion an ordinance that is similar in nature and time to that existing for Okeechobee County. NOW THEREFORE, be it ordained by 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: Section 1. That the provisions of Chapter 6, Alcoholic Beverages, Code of Ordinances for the City of Okeechobee Florida, is hereby amended to the following extent: Section 6-1. Hours; Sunday sales; holiday sales. beer-andWiRe, between 2:90 c rgday Rd 7�09 n end (e) a) Hours for sale of all alcoholic beverages. Except as otherwise provided in this section, it shall be unlawful for any person or entity holding an alcoholic beverage license frem issued by the &State of Florida to serve or sell, or cause to be sold or consumed, or to permit the sale or consumption of any alcoholic beverage between the hours of 2:00 a.m. and 7:00 a.m. daily, Monday through Saturday'. „idiRg f^r GlaFifiGatien thataRy aleeh^IiG beverage mayalse be sell fF^.R n SatuFday and 2�00 a.M. S,r. &R y Rd beeF and vwee may be s ld eg c,,pday (b) Sale ofbeer- and wipe alcohol limited on Sunday. Except as otherwise provided in this section, fGF aWalifA0iRQ e6tabliShMeRtS, it shall be unlawful for any person or entity holding an alcoholic beverage license issued by €rem -the &State of Florida beverages af4 , h^^^^ to serve, to sell, or permit sayse to be served or sold; or Language to be added is end. language la be deleted is s &Ahee4l Changes to be added to Original is do ihln—d dad and HV4gw9d_ Changes m he deleted from Onginal are stwc+,-Arexgh and h g md. Ordinance No. 1150 (Option B) Page 1 of 5 1 oAifir ofRAPFPiAF;4tiGR ister d nt z2 WIRe, and liQ40r: nt of r al n mit fee GaIr, fated at Q 259 nn a �4 td) Permit suspension. The City of Okeechobee Code Enforcement Board may e fi lIGeRSe FeVeGatIGR to the suspend or revoke anL—Business Tax Receipt (BTR) license e€aaY eeFFRit issued hereunder anv of the following circumstances 1. Loss or failure to renew 9f BTR license, alcohol sales license or lapse of liability insurance. 2. Arrest or conviction of staff members for sale of alcohol to underage persons. 3. Failure to adhere to permitted hours or conditions of operation. 4. Failure to maintain control and order at the establishment, including repeated necessity for law enforcement to respond or intervene at the establishment. 5. Permitting off premises consumption or open container violations, or loitering in the outside walkway, common areas or parking lot of the establishment. 6. Complaints verified by law enforcement of adverse affects on neighboring properties, whether commercial or residential, including noise, trash, and vandalism. 7. Imposition of violation by the State against the establishment for any violation of the provisions of F.S. ch. 509. The penalties available to the City of Okeechobee for any such violation shall include: 1. Warning letters to cease and desist. 2. Imposition of a fine against the establishment up to $250.00 for a first violation and up to $500.00 for any subsequent violation. 3. Suspension of permit to sell alcohol on Sundays for up to 5 days for a first violation and up to 30 days for any subsequent violation. 4- R atieR f t Anv of these penalties may be imposed commensurate with the severity of the violation, and need not be imposed in the order they are listed. These suggested penalties are in addition to any imposed by the State of Florida. Ariv recommendation to the Citv Council by the Citv Code Enforcement Board to suspend or revoke such permit shall first be made in writing to the establishment, directing that they cease the unauthorized activities; upon a second verified violation by the establishment within a 60 day period, the establishment shall be provided a notice of intent to suspend or revoke the permit. The owner or authorized representative of the establishment shall be notified by notice of public meeting that this decision is placed on the agenda of the City Council, who shall have final decision as to such suspension or revocation. The decision of the City Council shall be supported by substantial, competent evidence, which may be appealed by the violator to the Circuit Court. Ordinance No. 1150 (Option B) Page 3 of 5 Language to be added is underlined. Language to be deleted is A ekipreugl,. Changes to he added to Original is dniihln ,r,An,linod aM �i'vwd. Changes to be daWad from Original are s ,e.0 and Rystg�:ei. Sec. 6-2. Distance from church, school, or day care center. (a)-Fnecpt uc pr�o�d� �b�}ek>is seeti�rt�No place of business within the City of Okeechobee that is licensed and permitted to sell alcoholic beverages, shall sell, serve, or permit to be sold or serve alcoholic beverages on or in the premises and f9F the sale of beyemges I&Rds-�ESf�F}cFte I UGtFial OR t fe - � �reFc;a e��s, land use map of the City shall be located within a distance of 100 feet ef-pFope4y ewRed of Ytilized by aR y esta"li he from a church, school, or day care center- (b) ; vxGe^pt-feF pr +go^ l e ed- er befeF9 jyya 1999 ^d e .,^pt-f&r49eati ghat -are liGeRsed as testaWaRtc .,hiGh .der'..e at leas I pemeRt 9{+c e#4jr'ces-,FeYt-rRues fF"r the -ale of feed and-Pre al^ehelie beVeMgeS, P4FS61aRt to F.S. ^h 59919Gati^^ �19F GeRSUMptieR of vfeirages-may--r be leGated wi+G—.TthiR 500 feet of the al riG 9F pate leMReRtaFy, ,d seheel eF day cure GeRteF,, unless, upon application of the business owner to the ecity eCouncil, the Council approves the location as pr-emetiR not significantly affecting the public health, safety, and general welfare of the eCity under proceedings as provided in F.S. § 166.041(3)(c). This restriction shall not, however, be construed to prohibit the issuance of temporary permits to certain nonprofit organizations as provided for in F.S. § 561.422. The divisieR City Council shall R4a} not waive the distance requirement or issue a change in the series of a llGeRse-ef-appfeve-a-eha ge of a licensee's location unless the licensee provides documentation of proper zoning from the eCity zoning authorities. o) No place of business for vrthe sale-ef a!GGoheliG, beyeFages leGaated e aRy th laRd use desigRatieR of the fUtUFe Ia d use map f the eity shall he lOGate.d with' 700 feet ef sh�rlumh cehGel er day GaFe eeRteR (d) (b) The distance shall be measured along a straight line from the front door of such business to the front door of such church, school, or day care center. Each church, school, day care center and business selling alcoholic beverages shall permanently designate to the eCity the sole front door upon which the distance measurement shall be based. (e) LcJ This section shall not apply to any business establishment presently operating under a valid eCity BUS Ress T^" ^^ ^t BTR GGGYpatieR@l IiGeRSe on the effective date of the ordinance from which this restriction is derived and located closer than the restricted distances to any church, school, or day care center. (f) u Any existing business establishment on the effective date of the ordinance from which this restriction is derived selling alcoholic beverages, and operating under a valid eCity BUSIReSS T^x oeee qt BTR oe-eupatienal liGeTsewhich is located closer to a church, school, or day care center than as provided in this section, shall not hereafter be permitted to expand or enlarge the existing square footage of the building. (g) Lel Any existing business establishment selling alcoholic beverages which is located closer to a church, school, or day care center than as provided in this section may continue such use so long as the owner or occupant holds a valid eCity &6 ?ai e BTR eeGupatieR liGGRse and alcoholic beverage license from the state. However, once the business is sold or transferred, and another use is made of the location, such location shall not thereafter be re-established for the sale of alcoholic beverages, unless in compliance with this section. Section 2. CONFLICT. That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed. Section 3. SEVERABILITY. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court or competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage Ordinance No. 1150 (Option B) Page 4 of 5 Language to be added is underlined. Language to be deleted Is sbeeklpraxgb. Changes la be added to Original is of d 1,19, f;ad. Changes to be deleted It- Original are uwclt-lpreugp and h ,1�Y,N d "W '"W consumed in t^ ^ Fmit the sale, sE?Pt or on their premises, sea pt+e+-totf was def+r ed4 -F- -eh. 563, eT mRe as-�r �n F.�. sh. 66T II alcoholic beverages between the hours of 2:00 a.m. Sundav te- 44 -a-R-4- and 1:00 - .. Sunday. . If the helidayrs sf New Year's Eve, New Yoe S nn, rh +mas Fve rh n G nrla , hnl'rlay ., rl at th E)Qff th W ') 00 a M da iRGIWdiRGJ c salvo W jg } f,-Qj Authority of police department. The chief of police, or his officers, may enter upon and into any establishment holding an alcoholic beverage license issued by fFeFR the &State of Florida for inspection purposes, or other such purpose as permitted by general law, during such business hours, or at such time as the license holder, his agent or employee, or such other persons who may be within the premises, to determine compliance with this section. If it reasonably appears to the officer that alcohol is being served, consumed or sold, past the time permitted in this section, the chief of police, or his officers, are authorized to immediately order the establishment to be closed. This failure to comply with this section may also subject the license holder, the owner of the business, or a tenant leasing from a license holder to any additional penalties as may be imposed by F.S. ch. 162, or this Code. (e) P`e—ain c„n.-1.,,, _limier aie6 mitted It shag be I.. it RGt by f)aGkaoe ale n Crrnrin S fFem the he rr .I RIFG1 the SeFViGeof feed d 1 h I' h whpcp the I 6ePV1 ideRt l to the sale and servfsef—�� d -^„:ld I ((i) Limitatiaps op /e ago of ocfnhlichm of t.le establishment whinh alifi bG Ra F da ` GaF oc^t caZ o fPAPP thA f t e'Rt EJee;—ef the nhUFGh h IE)F daGaFe Gp-qteF. ntoaRY nth, tinn nrl mitto earREA aIeRQ etc 9F F1,9114; Gf . that n alifieo prier this entien anal .. iSheo to ell GF 1ElUeF ' h th dFiRk 90GFate OR 49M the Git., of Okeeohybee with the f plO wTQf F lit of 11 aClall Ordinance No. 1150 (Option B) Page 2 of 5 Language m ne added �a enaedmed. Language to be deleted Is —11 th—gh Changes to be added to Original a dmdan�an . be and tq+pryd. Changes to be deleted from Orlg'naI are s Pk Vuaugb and h5i'bgtb d. INTRODUCED for First Reading and set for Final Public Hearing on this 7t" day of February, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk Dowling P. Watford, Jr., Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 215t day of February, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1150 (Option B) Page 5 of 5 Language td be added is end011ed. Language la be deleted is Waef.Mteu Changes Io be added to Original is da hL n&o Eyed and Ngh na.d. Changes la be deleted from Original are skask ,90 and STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of �`-(.'c �✓1{/L�, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ,2/16/a 6 (7 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed befor me this ir'c' day of Q D / AD Notary Public, State of Florida at Large ;oitaYPr,�.c- ANGIE BRIDGES * *: MY COMMISSION k FF 976149 :o EXPIRES:Apd120,2020 Bond9d Tnru Notary Public UndsnwTitsrs Okeechobee 107 SW 17th Str' Okeechobee, Fl . 863-763- -- 34974 1 111-7 C0� PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeecho- bee, will conduct a Public Hearing on Toes, Feb. 21, 2017, at 6 PM, or as soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, to consider final reading for adoption of the following Ordinance into law: No. 1150: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 6 ALCOHOLIC BEVERAGES, CODE OF ORDI- NANCES; PARTICULARLY SECTION 6-1, 6-2 AND THEREOF; TO PROVIDE FOR SALE OF LIQUOR ON SUNDAYOF SS IN LIMITED CIR- CUMSTANCES;BY BONA FIE RESTO TAURANTS• CREAOVIDE FOR MING ROUVISION FOR SPEOR ON - CIAL PERMIT FOR RESTAURAf�T SALES; PROVIDING FOR PENAL- TI ES• •AMENDING DISTANCE FROM CHURCH, SCHOOLS OR DAY CARE CENTERS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. All members of the public are encouraged to attend and participate in said Hearing. The proposed ordinance may be Inspected In its entirety by mem- bers of the public at the Office of the Cty Clerk during normal business hours, Mon -Fri, 8:00 AM4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made b}. the City Council with respect to any matter considered at thls meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the ap al will be based. In accor- dance with the Americans vnth Disabilities A(ADA), any person with a disability as defined by the ADA, that needs speaal accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you Intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda, a copy of the document, picture, video, or item MUST be provided to the City Clerk for the Ci ys records. Bv: Cdy Clerk Lane Gamlotea, CMC 4 949 ON 2/10/2017 t sf ri buffed a�-t qq� 4C1 S.0''. 411, Street C)keechobee, FL 34974 18631 763-21 71 www.fhcokee.org Mark McCarter To Whom It May Concern, Senior Pastor Torn, Austin Assistant Pastor I would like to take a moment to address the ordinance changing David Harris the city's policy on the sale of liquor on Sundays. I understand that Pastor of Worship selling liquor on Sundays may bring in a few extra dollars to a restaurant in Okeechobee, but what are we saying about the values ,�tut�lertt 1tl&' nMurphy Students that the city of Okeechobee has stood for since its founding? oof Melanie Rooks This restriction was in place because Sunday was a day of Director of Children worship,and it was out of respect for that fact that the current ,1?ec:reation p ordinance was in effect. When did that respect cease? I don't see restaurants going out of business constantly or refusing to come to Okeechobee because they can't sell these alcoholic beverages on Sunday. I would ask that the city council leave the current ordinance in place as a last vestige of a set of moral values that were far superior to the current moral climate in our country. We don't have to be like everyone else. One of the things I love about this city is the fact that it isn't like so many larger cities within our state and country. I think this also speaks to a larger issue within our culture as a whole. I worked with students for 18 years before taking on the position that I currently hold. I have never in all those years found an example of where the use of alcohol enriched a family or improved someone's life. I have watched it destroy families, lead to physical and emotional abuse, and have attended funerals as the result of alcohol use. I know this thinking is seen as "old fashioned" by many, but sit down and talk to a middle school student that has to live in a house where alcohol use has led to abuse and neglect. I think it will change your stance on alcohol, and how important a few more dollars in someone's pocket really is. Sincerely, Mark McCarter i n f 6. y n 1, 210 HE IthOkeechobee 34972 City Council Members Of Okeechobee, Florida Dear Council Members: pIstr+ W fed Q� Njee+ir�g Fo r Dhibif I. I am the Big Lake Baptist Association Coordinator (Director of Missions), and as such, I am speaking on behalf of the association of Southern Baptist Churches, located within this city. It has been brought to the attention of this association that this council will be voting on changes to the current drinking laws. It must be said that we are unequivocally opposed to the addition of any new hours, or the inclusion of liquor to existing laws governing the consumption of, or the sales of alcohol. As a Pastor, Counselor, and former Polk County Sheriff's Chaplain I have seen more than my share of families destroyed by the consumption of alcohol, driving while intoxicated, and many other issues associated with its use. Often, children have been taken away from their homes and placed in to foster care because of parental incarceration, or automobile accidents which have taken their lives. Will the needless insanity ever cease? We do hope that you will not provide further opportunity Please know that we are most grateful to each of you, for putting in the countless hours and days, in order to make this city the wonderful place that it is. You should also remember you are not only responsible for the greatness of Okeechobee, but the health, safety, and welfare of her people. The decisions you make should be in the best interest of all the people of Okeechobee. Sincerely, Rev. Rick Giles Administrative Coordinator Big Lake Baptist Association Exhibit Feb 21, 2017 AGREEMENT TO PIGGYBACK A CONTRACT FOR SERVICES BID BY ANOTHER GOVERNMENTAL ENTITY WHEREAS, SCOTT'S QUALITY CLEANING, LLC, 2344 Hwy 70 West, Okeechobee, FL 34974, a Florida corporation, entered into an agreement dated October 25, 2016, a copy of which is attached hereto and marked Exhibit "A", with OKEECHOBEE COUNTY, 312 NW 3rd Street, Okeechobee, FL 34972, a political subdivision of the State of Florida, for services procured pursuant to F.S. §287.057 (the "Contract"), and WHEREAS, the CITY OF OKEECHOBEE, a Florida municipal corporation (the "City") has the legal authority under Chapter Two, Section 2-289 of the City Of Okeechobee Code of Ordinances to "piggyback" onto a contract procured pursuant to F.S. §287.057 by another governmental entity when seeking to utilize the same or similar services provided for in the said contract; and NOW THEREFORE, having found it to be in the public interest, 1. SCOTT'S QUALITY CLEANING, LLC, affirms and ratifies the terms and conditions of the above referenced Contract with OKEECHOBEE COUNTY and agrees to perform the services set forth therein for the City of Okeechobee in accordance with the terms of said Contract, and such other services as may be unique to the City and agreed between the parties. 2. The City agrees to utilize the services of SCOTT'S QUALITY CLEANING, LLC in a manner and upon the terms and conditions as set forth in the Contract with OKEECHOBEE COUNTY; in addition, the City has attached hereto as Exhibit "B", and accepted by Scott's, provisions of Florida public records laws requirements which will be adhered to by Scott's for the life of this contract. 3. Both parties, herein, agree to the cleaning proposal and letter dated February 6, 2017, with cost per square foot as described in the contract and the detail of the City's area to be cleaned is further described in Exhibit "C". attached hereto. 4. The Exhibits attached hereto are incorporated herein by reference and made a part of this agreement. The effective date of this agreement for purposes of renewal shall be September 30, 2016. Approved by the City of Okeechobee City Council this 211t day of February, 2017. CITY OF OKEECHOBEE Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney SCOTT'S QUALITY CLEANING, LLC Michelle Dawson, Manager STATE OF FLORIDA COUNTY OF The foregoing was executed before me this day of 2017, by Michelle Dawson, who personally swore or affirmed that he is authorized to execute this Agreement and thereby bind the Corporation. Stamp/Seal: NOTARY PUBLIC, State of Florida Page 1 of 1 y EXHIBIT "A" IScolt's Quality Cleaning, LLC- Custodial Services- Judicial Center & Historic Courthouse] INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT made and entered into this)' day of October, 2016, by and between OKEECHOBEE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and SCOTT'S QUALITY CLEANING, LLC, hereinafter referred to as "CONTRACTOR". WITNESSETH WHEREAS, the COUNTY is a political subdivision of the State of Florida, having a responsibility to provide certain services to benefit the citizens of Okeechobee County; and WHEREAS, CONTRACTOR is in the business of custodial services in Okeechobee County and elsewhere in the State of Florida; and WHEREAS, CONTRACTOR was the successful bidder of a project competitively bid and identified as "2016-18" which satisfies the COUNTY's purchasing policy. As such, CONTRACTOR agrees to provide such goods and services as more particularly hereinafter described and under the terms and conditions set forth in this Agreement as well as that certain bid package issued in connection with this project and more particularly identified above. NOW THEREFORE in consideration of the premises, and in consideration of the mutual conditions, covenants, and obligations hereafter expressed, it is agreed as follows: Recitals. The foregoing recitals are true and correct and constitute a material inducement to the parties to enter into this Agreement. Said recitals are hereby ratified and made a part of this Agreement. 2. Specific Provisions. The parties hereby agree to the following specific provisions: a. Description of Work. CONTRACTOR shall provide and be responsible for providing the services described in the Scope of Services, which is attached hereto as Composite Exhibit "A" and incorporated herein by reference. Unless specifically excluded, CONTRACTOR shall provide all permits, labor, materials, equipment and supervision necessary for the completion of the work described herein. Any conflict between the terms and conditions in the body of this Agreement and the terms and conditions set forth in Exhibit "A" shall be resolved in favor of the body of this Agreement. Payment. In consideration of the performance of this Agreement, the COUNTY agrees to pay CONTRACTOR for all work actually performed, at the rate or basis described in Exhibit "A", which is attached hereto and incorporated herein by reference. Progress payments, if any, will be made as set forth in said exhibit. The COUNTY reserves the right to ratably withhold amounts in the event of the nonperformance of all or part of CONTRACTOR's obligations. CONTRACTOR shall, without additional compensation, correct and revise any errors, omissions, or other deficiencies in his work product, services, or materials arising from the error or omission or negligent act of CONTRACTOR. 7073-283675. WPD EXHIBIT "A" Page 1 of 14 [Scott's Quality Cleaning, LLC- Custodial Services- Judicial Center & Historic Courthouse] C. Term. The Term of this Agreement shall be three (3) years beginning October 1, 2016 and ending September 30, 2019 and may be renewed for up to Two (2) additional One (1) year terms upon mutual written consent of the parties. d. Termination. i. Termination at Will: This Agreement may be terminated by the COUNTY in whole or in part at any time without cause by the COUNTY giving written notice to CONTRACTOR not less than 30 days prior to the date of termination; provided, that this provision shall not be construed to relieve either party from its rights or obligations of this Agreement through the date of the actual termination. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. H. Termination for Cause: This Agreement may be terminated by either party for cause by the COUNTY or CONTRACTOR giving written notice to the other party not less than 10 days prior to the date of termination; provided, that this provision shall not be construed to relieve either party from its rights or obligations of this Agreement through the date of the actual termination. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. e. Project management. The Project Manager for CONTRACTOR shall be: Michelle Dawson. The Project Manager for the COUNTY shall be: Kenny Murphy, Facilities Maintenance Project Coordinator. £ Notices. All notices to the parties under this Agreement shall be in writing and sent certified mail to: COUNTY: OKEECHOBEE COUNTY BOARD OF COUNTY COMMISSIONERS Attention: County Administrator 312 Northwest Td Street Okeechobee, Florida 34972 CONTRACTOR: SCOTT'S QUALITY CLEANING, LLC Attention: Michelle Dawson 2344 Hwy 70 West Okeechobee, Florida 34972 g. Insurance. 7073-283675.WPD CONTRACTOR agrees to maintain such insurance as will fully protect both CONTRACTOR and the COUNTY from any and all claims under any Workers Compensation Act or Employers Liability Laws, and from any and all other claims of whatsoever kind or nature to the damage of property, or for personal injury, including death, made by anyone whomsoever, that may arise from operations carried on under this Agreement, either by CONTRACTOR, any subcontractor, or by anyone directly or EXHIBIT "A" Page 2 of 14 indirectly engaged or employed by either of them. ii. In no event shall the insurance coverage required by the terms of this Agreement be less than the amounts described in the Bid Documents. Should either an insurance requirement or the amount of insurance not be stated in the Bid Documents, the amount of insurance required by the terms of this Agreement shall in no event be less than: (a) Workers' Compensation (unless exempt) with Employers' Liability with a limit of $100,000.00 each accident, $100,000.00 each employee, $500,000.00 policy limit for disease; (b) Commercial General Liability (CGL) insurance with a limit of not less than $300,000.00 each occurrence; if such CGL insurance contains a general aggregate limit, it shall apply separately to this project in the amount of $600,000.00; CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury and advertising injury; fire damage liability shall be included at $100,000.00. iii. CONTRACTOR shall furnish the COUNTY with Certificates of Insurance, which are to be signed by a person authorized by that insurer to bind coverage on its behalf. The COUNTY is to be specifically included as an additional insured and loss payee on all policies except Workers' Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. The policy shall provide a 30 day notification clause in the event of cancellation or modification to the policy. All certificates of insurance must be on file with and approved by the COUNTY before commencement of any work activities. iv. Said insurance coverages procured by CONTRACTOR as required herein shall be considered, and CONTRACTOR agrees that said insurance coverages it procures as required herein shall be considered, as primary insurance over and above any other insurance, or self—insurance, available to COUNTY, and that any other insurance, or self-insurance available to COUNTY shall be considered secondary to, or in excess of , the insurance coverage(s) procured by CONTRACTOR as required herein. V. Nothing herein shall be construed to extend COUNTY's liability beyond that provided in section 768.28, Florida Statutes. General Provisions. The parties hereby agree to the following general provisions: a. Representations of the Contractor. CONTRACTOR represents that it has sufficient manpower and technical expertise to perform the services contemplated by this Agreement in a timely and professional manner consistent with the standards of the industry in which CONTRACTOR operates. b. Representations of The County. The COUNTY represents that it is duly organized and existing as a political subdivision of the State of Florida. Further, the COUNTY has the full power and authority to enter into the transactions contemplated by this Agreement and has the ownership and/or control over the property which is the subject of this Agreement or which shall be serviced thereby. 7073-283675.WPD EXHIBIT "A" Page 3 of 14 [Scott's Quality Cleaning, LLC- Custodial Services- Judicial Center & Historic Courthouse] C. Personal nature of Agreement. CONTRACTOR hereby warrants that it has the necessary technical expertise and training to perform its duties as outlined in this Agreement. The parties acknowledge that the COUNTY places great reliance and emphasis upon the knowledge, expertise and personal abilities of CONTRACTOR. Accordingly, this Agreement is personal and CONTRACTOR shall not assign or delegate any rights or duties hereunder without the specific written consent of the COUNTY. In the event CONTRACTOR requires the services of any subcontractor or professional associate in connection with the work to be performed under this Agreement, CONTRACTOR shall obtain the written approval of the COUNTY Project Manager prior to engaging such subcontractor or professional associate. d. Independent contractor. i. It is specifically agreed that CONTRACTOR is deemed to be an independent contractor and not a servant, employee, joint adventurer or partner of the COUNTY. It is further agreed that no agent, employee, or servant of CONTRACTOR shall be deemed to be the agent, employee, or servant of the COUNTY. None of the benefits, if any, provided by the COUNTY to its employees, including but not limited to, compensation insurance and unemployment insurance, are available from the COUNTY to the employees, agents, or servants of CONTRACTOR. CONTRACTOR will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, and subcontractors during the performance of this Agreement. Although CONTRACTOR is an independent contractor, the work contemplated herein must meet the approval of the COUNTY and shall be subject to the COUNTY's general right of inspection to secure the satisfactory completion thereof. CONTRACTOR agrees to comply with all Federal, State and municipal laws, rules and regulations that are now or may in the future become applicable to the CONTRACTOR, the CONTR.ACTOR's business, equipment, or personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. The COUNTY will not be held responsible for the collection of or the payment of taxes or contributions of any nature on behalf of CONTRACTOR. ii. CONTRACTOR shall bear all losses resulting to it on account of the amount or character of the work, or because of bad weather, or because of errors or omissions in its contract price. iii. CONTRACTOR agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control Act of 1986, of all persons it employs in the performance of this Agreement. e. Indemnification. i. CONTRACTOR shall defend, indemnify and hold harmless the COUNTY and all of the COUNTY's officers, agents, and employees from and against all claims, liability, judgments, costs, damages, interest, penalties, loss, and expense, including reasonable costs, collection expenses, attorneys' fees, and court costs which may arise because of the negligence (whether active or passive), misconduct, or other fault, in whole or in part (whether joint, concurrent, or contributing), of CONTRACTOR, its officers, agents, employees or subcontractors in performance or non-performance of its 7073-283675.WPD EXHIBIT "A" Page 4 of 14 [Scott's Quality Cleaning, LLC- Custodial Services- Judicial Center & Historic Courthouse] obligations under the Agreement. CONTRACTOR recognizes the broad nature of this indemnification and hold harmless clause, as well as the provision of a legal defense to the COUNTY when necessary, and voluntarily makes this covenant and expressly acknowledges the receipt of such good and valuable consideration provided by the COUNTY in support of these indemnification, legal defense and hold harmless contractual obligations in accordance with the laws of the State of Florida. Compliance with any insurance requirements required elsewhere within this Agreement shall not relieve CONTRACTOR of its liability and obligation to defend, hold harmless and indemnify the COUNTY as set forth in this paragraph of the Agreement. Such indemnification shall be in addition to any and all other legal remedies available to the COUNTY and shall not be considered to be the COUNTY's exclusive remedy. ii. That in the event that any claim in writing is asserted by a third party which may entitle the COUNTY to indemnification, the COUNTY shall give notice thereof to CONTRACTOR which notice shall be accompanied by a copy of statement of the claim. Following the notice, CONTRACTOR shall have the right, but not the obligation, to participate at its sole expense, in the defense, compromise or settlement of such claim with counsel of its choice. If CONTRACTOR shall fail timely to defend, contest or otherwise protect against any suit, action or other proceeding arising from such claim, or in the event the COUNTY decides to participate in the proceeding or defense, the COUNTY shall have the right to defend, contest, or otherwise protect itself against same and be reimbursed for expenses and reasonable attorney's fees and, upon not less than ten (10) days notice to CONTRACTOR, to make any reasonable compromise or settlement thereof. In connection with any claim as aforesaid, the parties hereto shall cooperate fully with each other and make available all pertinent information necessary or advisable for the defense, compromise or settlement of such claim. iii. That the indemnification provisions of this paragraph shall survive the termination of this Agreement. iv. Nothing herein shall be construed to extend the COUNTY's liability beyond that provided in section 768.28, Florida Statutes. f. Bid documents. Any request for proposals (RFP), request for qualifications (RFQ), bid specifications, engineering plans, shop drawings, material lists, or other similar documents issued for this project by the COUNTY, together with any addenda, are considered the "Bid Documents" and are hereby incorporated into this contract by reference. CONTRACTOR agrees to abide by all of the terms, conditions and requirements ofthe bid documents which are declared to be material part of this Agreement. g. Payment and performance guarantee. When the COUNTY finds the work acceptable under this Agreement, the monthly installment will be paid to CONTRACTOR. CONTRACTOR guarantees the successful performance of the work for the service intended. If the COUNTY deems it inexpedient to require CONTRACTOR to correct deficient or defective work, an equitable deduction from the contract price shall be made therefore or in the alternative, the COUNTY may seek damages. 7073-283675.WPD EXHIBIT "A" Page 5 of 14 [Scott's Quality Cleaning LLC- Custodial Services- Judicial Center & Historic Courthouse] h. Public records. i. The CONTRACTOR is a "Contractor" as defined by Section 119.0701(1)(a), Florida Statutes, and shall comply with the public records provisions of Chapter 119, Florida Statutesincluding the following: 1. Keep and maintain public records required by the COUNTY to perform the service. 2. Upon request from the COUNTY 's custodian of public records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed th cost provided in Chapter 119 or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the CONTRACTOR does not transfer the records to the COUNTY. 4. Upon completion of the Agreement, transfer, at no cost, to the COUNTY all public records in possession of CONTRACTOR or keep and maintain public records required by the COUNTY to perform the service. If CONTRACTOR transfers all public records to the COUNTY upon completion of the Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of public records, in a format that is compatible with the information technology systems of the COUNTY. H. "Public records" is defined in Section 119.011(12), Florida Statutes, and includes all documents, papers, letters, photographs, data processing software, or other material, regardless of the physical form, made or received in connection with this Agreement. iii. Should CONTRACTOR assert any exemptions to the requirements of Chapter 119 and related law, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon CONTRACTOR. iv. CONTRACTOR consents to the COUNTY's enforcement of CONTRACTOR's Chapter 119 requirements, by all legal means, including, but not limited to, a mandatory injunction, whereupon CONTRACTOR shall pay all court costs and reasonable attorney's fees incurred by COUNTY. V. CONTRACTOR's failure to provide public records within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Further, such failure by CONTRACTOR shall be grounds for immediate unilateral cancellation of this Agreement by the COUNTY. vi. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS 7073-283675.WPD RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, ROBBIE L. CHARTIER, COUNTY EXHIBIT "A" Page 6 of 14 [Scott's Quality Cleaning, LLC- Custodial Services- Judicial Center & Historic Courthouse] ADMINISTRATOR, AT 863-763-6441, EXT 1; publicrecords@co.okeechobee.fl.us; MAILING ADDRESS: 304 NW 2nd Street, ROOM 123, OKEECHOBEE, FL 34972. 4. Miscellaneous Provisions. The parties hereby agree to the following miscellaneous provisions: a. Discrimination. CONTRACTOR shall assure that no person shall be excluded, on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under, this Agreement. CONTRACTOR shall take all measures necessary to effectuate these assurances. b. Severability. Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. C. Entire Agreement. This Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. CONTRACTOR recognizes that any representations, statements or negotiations made by the County staff do not suffice to legally bind the COUNTY in a contractual relationship unless they have been reduced to writing, authorized, and signed by the authorized County representatives. d. Construction. Should any provision of this Agreement be subject to judicial interpretation, it is agreed that the court interpreting or considering such provision will not apply the presumption or rule of construction that the terms of this Agreement be more strictly construed against the party which itself or through its counsel or other agent prepared the same, as all parties hereto have participated in the preparation of the final form of this Agreement through review by their respective counsel, if any, and/or the negotiation of specific language, and, therefore, the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. e. Attorney's Fees. In the event of any litigation to enforce the terns of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs which are directly attributed to such litigation both at the trial and appellate level. f. Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement, either at the time the breach or failure occurs or at any time throughout the term of this Agreement. The review of, approval of, or payment for any of CONTRACTOR's work product, services, or materials shall not be construed to operate as a waiver of any of the COUNTY's rights under this Agreement, or of any cause of action the COUNTY may have arising out of the performance of this Agreement. 7073-283675.WPD I EXHIBIT "A" Page 7 of 14 [Scott's Quality Cleaning, LLG Custodial Services- Judicial Center & Historic Courthouse] g. Force Majeure. Notwithstanding any provisions ofthis Agreement to the contrary, the parties shall not be held liable if failure or delay in the performance of this Agreement arises from fires, floods, strikes, embargos, acts of the public enemy, unusually severe weather, out break of war, restraint of government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. This provision shall not apply if the "Scope of Work" of this Agreement specifies that performance by CONTRACTOR is specifically required during the occurrence of any of the events herein mentioned. h. Headings. All headings are for clarification only and are not to be used in any judicial construction of this Agreement or any paragraph. i. Binding Nature of Agreement. This Agreement shall be binding upon the successors and assigns of the parties hereto. Law; Venue. This Agreement is being executed in Okeechobee County, Florida and shall be governed in accordance with the laws of the State of Florida. Okeechobee County, Florida, shall be the venue of any action thereon. 5. Special Provisions. None. IN WITNESS WHEREOF, the parties hereto have signed and sealed this agreement on the day and date first written above. 7073-283675.WPD (Remainder of page intentionally blank) EXHIBIT "A" Page 8 of 14 [Scott's 01(ality Cleaning, LLC- Custodial Services- Judicial Center & Historic Courthouse] ATTEST: SHARON ROBERTSON, CLERK) BOARD OF COUNTY COMMISSIONERS WITNES� WITNESS OKEECHOBEE COUNTY, a political subdivision of the State of Florida FRANK IRBY, CHAIRMAN,-," BOARD OF COUNTY COMMISSIONERS SCOTT'S QUALITY CLEANING, LLC BY: MICHELLE DAWSON, MANAGER (ReNised 616) EXHIBIT "A" Page 9 of 14 CLEANING PROPOSAL Company: ISC 41-, 0. 1 &4v. AA U—C Proposed Cost: 741$'7 .'1 1 JJ Cost Per Square Foot: 1, p () Phone: signed: -rT i,,L,, t ra i rmyn.— Date: 9 --14 --1 (e For: Okeechobee County Location: JUDICIAL CENTER Address: 312 NW 3rd Street Building Sq. Footage: 78,M Project Manager: Sharon Robertson Based on five (5) dean(nes Der week and TWO (2) FULLPME ON SiTE EMPLOYEES (Monday -Friday) AREA/REM WORK DESCRIPTION FREQUENCY ALL AREAS Entrance Sweep -Pick up paper/debris D Floors- ALL Vacuum -Sweep -Mop -Sanitize D Carpet -Rugs Steam Cleaning w/pre-spot treatment SA Carpet -Rugs Vacuum & spot clean D Upholstered Furniture Steam Cleaning w/pre-spot treatment SA Upholstered Furniture Vacuum & spot clean D VCTTile - Floor Buff -Spray Wax M VCTTile - Floor Strip -Wax SA Ceramic/Porcelain Tile & Grout - Floor Scrub -Clean SA Entrance Doors (Exterior) Clean D Entrance Doors (interior) Clean W Window Sills Wipe down M Doors -Walls -Partitions -ledges Wipe down M Doors -Frames -Walls Spot clean M Baseboards Dust M Steps and Staircases (South Towers -1st Floor) (2) Dust -Sweep and Damp wipe hand rails W Steps and Staircases (All Towers All Floors) Dust -Sweep and Damp wipe hand rails SA Elevators (Public, Clerk, Judges) (4) Sweep and mop, wipe hand rails D Secured Areas & Elevator Sweep, mop, sanitize, wipe hand rails ZX W Chairs -Clocks -Pictures Dust -damp wipe W Vents Clean -Vacuum M Push Plates Clean and Polish W Desk (only when occupant clears surface) Dust Polish D Phones -Tables- Counter tops Clean -Polish D Drinking Fountains Clean -Polish-Sanitize D Walls -Drinking Fountains Clean-Pollsh Sanitize D Trash Containers - All Empty -Line -Clean -Sanitize D Mats Vacuum (pickup 1 Turn) D Windows -All Interior including Atrium Washing SA Janitors Storage Area Re -stock M 81D 92018.18 Judicial Center Cleaning Proposal Page 1 of 2 3of12 COMPOSITE EXHIBIT OA" EXHIBIT "A" Page 10 of 14 RESTROOMS/BMKROOMS Toilets Sinks -Urinals Clean -Sanitize -Polish D Trash Containers -All Empty -Line -Clean Sanitize D Dispensers: Soap, Towel, Tissue Fill and clean D Glass, Mirrors, Chrome Hardware Clean & Polish D Partitions -Doors Damp wipe & spot clean W Walls by Sinks/Urinals Damp wipe -Sanitize W Floor Drains Seal: Clean M SPECIAL INSTRUCTIONS/NOTES: The above cleaning will be performed as noted: D) Daily W) Weekly M) Monthly SA) Semi -Annual (April & October) 2XW) Twice a week Emergency service Is required as needed (minimum one (1) hour response). Time in which cleaning Is to occur must be approved by the building's representative. 4of12 Judicial Center Cleaning Proposal Page 2 of 2 EXHIBIT "A" Page 11 of 14 CLEANING PROPOSAL Comparry: Oue. Proposed Cost: qnlwR ..Sy Cost Per Square Foot: I , l.)a Phone: Signed: uL,� , —f)c` it, Date: A—! g—) Ip For: Okeechobee County Location: HISTORIC COURTHOUSE Address: 304 NW 2nd Street Building Sq. Footage: 20,290 Project Manager. Robbie Chortler Based on five (S) cleanim- oerweek (Monday - Friday) AREA/ITEM WORK DESCRIPTION FREQUENCY ALL AREAS Entrance Sweep -Pick up paper/debris D Floors- ALL Vacuum-Sweep-Mop-Santtite D Carpet -Rugs Steam Cleaning w/pre-spot treatment SA Carpet -Rugs Vacuum & spot clean D Upholstered Furniture Steam Cleaning w/pre-spot treatment SA Upholstered Furniture Vacuum & spot clean M VCT Tile - Floor Buff -Spray Wax M VCT Tile - Floor Strip -Wax SA Ceramic/Porcelain Tile & Grout - Floor Scrub -Clean SA Entrance Doors (Exterior) Clean D Entrance Doors (Interior) including steps and stair cases Clean W Window Sills Wipe down M Doors-WaBs-Partitions-Ledges Wipe down M Doors -Frames -Wells Spot clean M Baseboards Dust M Steps and Staircases All Dust Sweep and Damp wipe hand rails W Steps and Staircases All Dust Sweep and Damp wipe hand rails SA Elevators Sweep and mop, wipe hand rails D Vending Machines Damp wipe M Chairs -Clocks -Pictures Dust -damp wipe M Vents Clean -Vacuum M Push plates, Kick plates -Thresholds Clean and Polish W Desk (only when occupant clears surface) Dust -Polish D Phones -Tables- Counter tops Clean -Polish D Drinking Fountains Clean -Polish-Sanitize D Walls -Drinking Fountains Clean -Polish-Sanitize D Trash Containers -All Empty -Line -Clean Sanitize D Mats Vacuum (pick up 1 Turn) D High Dusting (ceilings) Clear spiders and webs W Light Switches -Handles, Push plates Clean Polish W Windows- All interior Including Atrium Washing SA Windows- Exterior all 1st floor Washing SA S ofl2 Historic Courthouse Cleaning Proposal Page 1 of 2 EXHIBIT "A" Page 12 of 14 Janitors Storage Area Re -stock M RESTROOMS/eREAKROOMS Toilets -Sinks -Urinals Clean -Sanitize -Polish D Trash Containers - All Empty -Line -Clean -Sanitize D Dispensers: Soap, Towel, Tissue All and clean D Glass, Mirrors, Chrome Hardware Clean & Polish D Partitions -Doors Damp wipe & spot clean W Walls by Sinks/Urinals Damp wipe -Sanitize W Floor Drains Seal: dean M SPECIAL INSTRUCTIONS/NOTES: The above cleaning will be performed as noted: D) Daily W) Weekly M) Monthly SA) Semi -Annual (April & October) 2XW) Twice a week Emergency service is required as needed (minimum one (1) hour response). Time in which cleaning is to occur must be approved by the building's representative. BIDOMO-18 6of12 Historic Courthouse Cleaning Proposal Page 2 of 2 EXHIBIT "A" Page 13 of 14 Cleaning Personnel 1. Judicial Center No less than 2 Full -Time on Site Employees 2. FTrstorical Courthouse 2 Employees We currently have two full time day routes, two full time night routes, and 1 part time night route. The employees that staff these routes are trained on all routes so they are familiar with all facilities that we clean. To insure that all building are cleaned every night we also have an on call employee and a supervisor that can cover any position. EXHIBIT "A" Page 14 of 14 EXHIBIT "B" The contract for services with Scott's Quality Cleaning, LLC, dated this 21st day of February, 2017, and the terms herein are incorporated by reference and made a part of the contract. 1. The legislature has amended Chapter 119 Florida Statutes, Section .0701 thereof, to expand the obligation of local government to include into all contracts certain language that relates to public records, which is made a part of this Contract. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE CITY OF OKEECHOBEE AT: CITY CLERK'S OFFICE 55 S.E. 3RD Avenue Okeechobee, FL. 34972 (863) 763-3372 ext. 215 Igamiotea@cityofokeechobee.com 2. The contractor shall adhere to Florida public records laws, including the following: a. Keep and maintain public records required by the City to perform the services, and upon request of the custodian of records for the City, provide the City with a copy of the requested records or allow the records to be copied or inspected within a reasonable time at a cost that does not exceed the cost allowed in Chapter 119 or as otherwise provided by law. b. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this contract term and following completion of the contract if the contractor does not transfer the records to the City. c. Upon completion of the contract, transfer, at no cost, to the City all public records in possession of the contractor or thereafter keep and maintain public records required by the City to perform the service. If the contractor transfers all public records to the City upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request of the City Clerk, in a format that is compatible with the information technology systems of the City. EXHIBIT "B" Page 1 of 2 3. Noncompliance: a. A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the contractor of the request, and the contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. A reasonable time is defined as within eight (8) business days. b. If the contractor does not comply with the request of the City for the records, the City shall enforce the contract provisions in accordance with the contract. c. If the contractor fails to provide the public records to the City within a reasonable time, the contractor may be subject to the penalties under Chapter 119.10. 4. Civil Action. a. If a civil action is filed against a contractor to compel production of public records relating to the City's contract for professional services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, If: 1) The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2) At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the City and to the contractor. b. A notice complies with the above if it is sent to the custodian of public records for the City and to the contractor at the contractor's address listed on its contract with the City, or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. c. A contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. EXHIBIT "B" Page 2 of 2 FEB 06 gOt l EXHIBIT ,.C„ A,:E' y ® !v e 863-763-0902 2344 HWY 70 W o Okeechobee, FL. 34974 Fax:863-467-8864 February 6, 2017 Scott's Quality Cleaning, LLC 2344 State Road 70 West Okeechobee, FL 34974 City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 Dear City Council, Scott's Quality Cleaning would like to extend the current contract for cleaning services keeping the yearly amount $21,735.36 or $1811.28 per month. The contract shall be for a period of 3 years with the option of 2 additional years beginning September 30, 2016. We appreciate the opportunity to continue providing quality cleaning services for the City of Okeechobee. Honesty, reliability, and customer satisfaction is the foundation of our business. If you have any questions you may contact me personally at (863)763-0902. Thank You Michelle Dawson Owner/Manager EXHIBIT "C" Page 1 of 3 a3 needed W8fS• VYi [ E aevvwt FC C 6-Pp-f-aki:l �iC cane► CLEANING PROPOSAL Company, ' Proposed Cost 'j S Phone: IL—Q�- Signed. s Date: For: CJ\/ Location:. l 0 -ftl Ha t (1 FD Address: , 55 CE -9, rcf, pwen-ilb Building Sq. Footage: Project Manager: Pagel of 2 EXHIBIT "C" Page 2 of 3 RESTROOMSjgREAKROOMS Toilets -Sinks -Urinals Clean -Sanitize -Polish D Trash Containers - Ali Empty -Line -Clean -Sanitize D Dispensers: Soap, Towel, Tissue Fill and clean D Class, Mirrors, Chrome Hardware Clean & Polish D Partitions -Doors Damp wipe & spot clean W Walls by Sinks/Urinals Damp wipe Sanitize W Floor Drains Seal: Clean M SPECIAL INSTRUCTIONS/NOTES: The above cleaning will be performed as noted: D) Daily W) Weekly M) Monthly SA) Semi -Annual 2XW) Twice a week Emergency service is required as needed (minimum one (1) hour response). Time in which cleaning is to occur must be approved by the building's representative. Ct�li� l� e'jpGj( jpa i�� pl_olfj&ULf l �i [ �i 1C� S�; CIS Ra t �Robr Svc �� C��Ic�ea fog . �,� per- 5VIar- Page 2 of? EXHIBIT "C" Page 3 of 3 Cl*ty of Okeechobte"") Proposed list as Surplus Date: February 215t, 2017 Make Model Year VIN# # of Miles Ford Crown Victoria 2006 2FAFP71W16X139880 110,746 55 SE Third Avenue, Okeechobee, FL 34974 (863) 763-3372 / (863) 763-1686 Fax ki Exhibit 4 Feb 21. 2017 SNi 10TH ST t a t t 0 r z o G P.t < A x j#i 4 * $ t f r F � p 4 ,M n r^. v.y1 SW111+TLHS� 0 0.007 0.014 0.021 0.028 0.036 0,042 0.041? 0.050 0.0133 0.07 mi Okeechobee County Property Appraiser Mickey L. Bandi, Appraiser I Okeechobee, Florida 1 863-763-4422 PARCEL: 3-21-37-35-0040-00080-0090 1 CHURCHES (007100)10.651 AC NOTES:'' SOUTH OKEECH08EE (PLAT BOOK 1 PAGE 12 & PLAT BOOKS PAGE 7) LOTS 9, 10, 11 & 12 BLOCK 6 RAULERSON PETER & LOUISIANNA 2016 Certified Values Owner: C/O HEIRS OF ESTATE Mkt Lnd $27,048 Appraised $73,293 ADDRESS UNKNOWN Ag Lnd $0 Exempt $0 - Site: 1003 SW 3RD AVE, OKEECHOBEE Bldg $45,490 Assessed $73.293 Sales XFOB $755 county:$73,293 + ev Info r2t11s34 SO I(U) Just $73,293 Total city:$73,293 Class $0 Taxable other.$73,293 school:$73,293 This information ,updated: 2J70/201 i, was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein. it's use. or it's interpretation. Although it is periodically updated. this information may not reflect the data currently by on file in the Property Appraiser's office. Grizzlylogic.com Included in' 4PUO PaCKds F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 2507 NOVA 1 A bill to be entitled 2 An act relating to the Appropriations Project titled 3 City of Okeechobee Taylor Creek SW 4th Stormwater 4 Conveyance; providing an appropriation; providing an 5 effective date. 6 7 Be It Enacted by the Legislature of the State of Florida: 8 9 Section 1. City of Okeechobee Taylor Creek SW 4th 10 Stormwater Conveyance is an Appropriations Project as defined in 11 The Rules of The Florida House of Representatives and is 12 described in Appropriations Project Request 555, herein 13 incorporated by reference. 14 Section 2. For fiscal year 2017-2018 the nonrecurring sum 15 of $221,769 from the General Revenue Fund is appropriated to the 16 Department of Environmental Protection to fund the City of 17 Okeechobee Taylor Creek SW 4th Stormwater Conveyance as 18 described in Appropriations Project Request 555. Notwithstanding 19 any law to the contrary, there shall be no recurrin funding 20 provided for this Appropriations Project. 21 Section 3. This act shall take effect July 1, 2017. Page 1 of 1 CODING: Words &4-idkep are deletions; words underlined are additions. hb2507-00 Aynda pqckefs F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 2509 2017 1 A bill to be entitled 2 An act relating to the Appropriations Project titled 3 City of Okeechobee Taylor Creek SE 8th Stormwater 4 Conveyance; providing an appropriation; providing an 5 effective date. 6 7 Be It Enacted by the Legislature of the State of Florida: 8 9 Section 1. City of Okeechobee Taylor Creek SE 8th 10 Stormwater Conveyance is an Appropriations Project as defined in 11 The Rules of The Florida House of Representatives and is 12 described in Appropriations Project Request 554, herein 13 incorporated by reference. 14 Section 2. For fiscal year 2017-2018 the nonrecurring sum 15 of $209,036 from the General Revenue Fund is appropriated to the 16 Department of Environmental Protection to fund the City of 17 Okeechobee Taylor Creek SE 8th Stormwater Conveyance as 18 described in Appropriations Project Request 554. Notwithstanding 19 any law to the contrary, there shall be no recurring funding 20 provided for this Appropriations Project. 21 Section 3. This act shall take effect July 1, 2017. Page 1 of 1 CODING: Words &ice are deletions; words underlined are additions. hb2509-00 y nF .�nk c, O City of Okeechobee Tim Browning CSX Transportation Inc. 6737 Southpoint Dr. South J-180 Jacksonville, FL 32216 RE: Removal of Railroad Crossing on NW 6th Street - City of Okeechobee Dear Mr.Browning, Ineluded 1-n Agenda Pack I would like to address the City's request to remove the existing unutilized tracks which are along NW 61h Street in the City of Okeechobee. In addition to the track location, the crossing is of concern because of its poor condition. This area is not utilized for rail traffic with the adjacent rail lines removed. The City requests you remove the rail crossing and repair the roadway, or at a minimum, properly maintain the crossing with the required roadway repairs. This area is also of concern due to the lack of maintenance and appearance. CSX's properties bisect the City and are not maintained or mowed. We have had several calls from concerned citizens stating that the road could be a hazard for vehicles when crossing over the tracks. In addition, the County's Emergency Operation Center and Fire Station I are located directly adjacent to this crossing. Based on my observation, I notice the asphalt has subsided in this area and requires immediate repair. Please let us know your corrective actions so we can continue to maintain our community atmosphere. If you have any questions or would like to discuss the crossings, please contact me at (863) 763-3372 x 212 or by email at _ Sincerely, Marcos Montes De Oca, P.E. City Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686