CITY OF OKEECHOBEE OCTOBER 21, 2014 REGULAR CITY COUNCIL MEETING RD

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1 CITY OF OKEECHOBEE OCTOBER 21, 2014 REGULAR CITY COUNCIL MEETING RD 55 SE 3 AVENUE COUNCIL CHAMBERS OKEECHOBEE, FL SUMMARY OF COUNCIL ACTION PAGE 1 OF 15 I. CALL TO ORDER - Mayor. October 21, 2014, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES: Invocation given by Reverend Edward Weiss, Church of Our Savior; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Mike O Connor Council Member Devin Maxwell Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen COUNCIL ACTION - DISCUSSION - Mayor Kirk called the October 21, 2014, Regular City Council Meeting to order at 6:00 P.M. The invocation was given by The Very Reverend Edward Weiss, of the Church of Our Saviour; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Absent IV. - Mayor. A. Requests for the addition, deferral or withdrawal of items on today s agenda. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today s agenda. There were none. V. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. a Five-Year Longevity Service Award to Jackie Dunham. On behalf of the City, Mayor Kirk and General Services Coordinator Patty Burnette, presented Ms. Jacqueline (Jackie) Dunham a Five-Year Longevity Service Award of an engraved Cross Pen and a framed certificate.

2 OCTOBER 21, REGULAR MEETING - PAGE 2 OF 15 COUNCIL ACTION - DISCUSSION - V. PROCLAMATIONS AND PRESENTATIONS CONTINUED A. a Five-Year Longevity Service Award to Jackie Dunham continued. B. a Ten-Year Longevity Service Award to Justin Bernst. C. a Fifteen-Year Longevity Service Award to Sue Christopher. D. a Distinguished Service Award to The Very Reverend Edward Weiss. E. Proclaim the week of October 19-25, 2014, as Florida City Government Week. The certificate read, In recognition of your Five-Years of Service, Hard Work, and Dedication to the City, its citizens, and your fellow employees, from October 6, 2009 to October 6, Ms. Dunham expressed her gratitude for the opportunity to be a part of the City family. On behalf of the City, Mayor Kirk and Police Chief Davis, presented Sergeant Justin Bernst with a Ten-Year Longevity Service Award of an embossed leather portfolio and a framed certificate which read, In recognition of your Ten- Years of Service, Hard Work, and Dedication to the City, its citizens, and your fellow employees, from October 15, 2004 to October 15, Sergeant Bernst was accompanied by his wife Beverly, and thanked the City for this opportunity. On behalf of the City, Mayor Kirk with Fire Chief Smith, presented Ms. Sue Christopher a Fifteen-Year Longevity Service Award of an engraved crystal mantle clock and a framed certificate which read, In recognition of your Fifteen-Years of Service, Hard Work, and Dedication to the City, its citizens, and your fellow employees, as an Administrative Secretary to the Fire Department, from October 18, 1999 to October 18, Ms. Christopher commented how she is fortunate to have the opportunity to work in an environment where the Staff has a high degree of integrity. On behalf of the City, Mayor Kirk presented to The Very Reverend Edward Weiss, to honor him upon his retirement, a shadowbox encasing the prestigious Key to the City Distinguished Service Award which read, WHEREAS, The Very Reverend Dr. Edward A. Weiss, Rector, began his service at Church of Our Saviour on June 4, 2000; and WHEREAS, during his 14 years, many lives have been touched as he has distinguished himself as a humble servant, spiritual leader and a strong advocate throughout the community as well as his church; and WHEREAS, he has sincerely given of his time, portraying discipleship to many local organizations especially the Okeechobee Ministerial Association, building camaraderie among the various denominations throughout Okeechobee. NOW, THEREFORE, in appreciation for your service and dedication to the community, the City of Okeechobee, Florida, proudly recognizes your selfless contributions by honoring you with the prestigious Key to the City. Father Edward was accompanied by his devoted wife Josie, Ms. Sandy Perry of the Okeechobee Ministerial Association and several church parishioners. He humbly accepted the award, as one of the many representatives of the Okeechobee Ministerial Association, praising God for the blessing to have had the opportunity to serve within this community. Mayor Kirk read the following proclamation in its entirety as follows: WHEREAS, City government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and

3 OCTOBER 21, REGULAR MEETING - PAGE 3 OF 15 COUNCIL ACTION - DISCUSSION - V. PROCLAMATIONS AND PRESENTATIONS CONTINUED. E. Proclaim the week of October 19-25, 2014 as Florida City Government Week continued. VI. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 30, 2014, Regular Meeting and Final Budget Hearing. WHEREAS, City government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, City government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by City government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the week of October 19-25, 2014, as FLORIDA CITY GOVERNMENT WEEK in the City of Okeechobee. City Clerk Gamiotea will forward it to the Florida League of Cities. Council Member O Connor moved to dispense with the reading and approve the Summary of Council Action for the September 30, 2014, Regular Meeting and Final Budget Hearing; seconded by Council Member Williams. There was no discussion on this item. VII. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2014 Warrant Registers: General Fund...$388, Public Facilities Improvement Fund $ 95, FDOT Grant Fund...$ 8, Capital Improvement Projects Fund $ 3, Council Member Watford moved to approve the September 2014 Warrant Registers in the amounts: General Fund, three hundred eighty-eight thousand, six hundred sixty-four dollars and twenty-two cents ($388,664.22); Public Facilities Improvement Fund, ninety-five thousand, fifteen dollars and eleven cents ($95,015.11); FDOT Grant Fund, eight thousand, six hundred fourteen dollars and sixty-seven cents ($8,614.67); and Capital Improvement Projects Fund, three thousand, thirty-five dollars and sixty-two cents ($3,035.62); seconded by Council Member Williams. There was no discussion on this item.

4 OCTOBER 21, REGULAR MEETING - PAGE 4 OF 15 COUNCIL ACTION - DISCUSSION - VIII. CENTENNIAL UPDATE. A. the monthly update from the Centennial Celebration Ad Hoc Committee - JD Mixon, Chair (Exhibit 1). Centennial Celebration Ad Hoc Committee (CCAHC) Chairperson J.D. Mixon presented the monthly update to the Council and requested action on serval items as outlined in Exhibit 1: Item One: Motion and second by Council Members Watford and O Connor to approve the 2015 Centennial sponsored events and activities as presented. The five events being: a Centennial Kick-Off Celebration to be held on Friday, January 9, in Flagler Park; the Mayor s Centennial Gala to be held Saturday, April 18, at the Silver Palms Club House; the Centennial Birthday Party tentatively planned for Saturday, June 13; the Centennial Heritage/Founders Day Festival, tentatively planned for Saturday, October 10; and a Centennial Frolic (street dance and barbecue) to be held on Friday, December 11. The activities to date are: the 100-Days Scavenger Hunt (via social media, #okeechobee100) that will be active from January 19 to June 4; the Centennial Historic Bus Tours sponsored by the Okeechobee Historical Society, tour dates are planned for January 24, April 11, June 20, September 19, and October 17; participation in the Okeechobee High School Kick-Off Classic Football Game and Athletic Booster Club Program, presenting Centennial Logo Patches for the football team and band members uniforms; the Time Capsule Burial Ceremony to be held in connection with the City s Annual Lighting Celebration on Tuesday, December 1; and the Okeechobee Community Theater will be presenting a Historical Play. Item Two: The CCAHC has discussed with City Staff two Capital Improvement Projects they would like to utilize to commemorate this special occasion for years to come. One is to completely remodel the front entrance walkway at City Hall by updating the lighting, landscaping and using brick pavers. The second is the 2-acre Taylor Creek Park project, which they would like to rename as the Centennial Park, and assist with raising funds or in-kind donations for the construction of this park. Motion and second by Council Members Watford and O Connor to approve the Centennial Capital Improvement Projects being the Brick Pavers/City Hall Front Walkway Remodel Project and the Taylor Creek Park, officially changing the name to Centennial Park. Item Three: Covered the issue of approving the Centennial Sponsorship Packets. However, by request of Chair Mixon, it was removed and will be presented at a future update.

5 OCTOBER 21, REGULAR MEETING - PAGE 5 OF 15 COUNCIL ACTION - DISCUSSION - VIII. CENTENNIAL UPDATE CONTINUED. A. the monthly update from the Centennial Celebration Ad Hoc Committee continued. Item Four: Motion and second by Council Members Watford and O Connor to ratify the CCAHC s approval of the Okeechobee Historical Society and the Okeechobee Retired Educators Association as Centennial partners, entitling them to be promoted on all Centennial materials and events as well as the use of the Centennial logo. The Historical Society will be sponsoring the Historic Bus Tours and selling Historic Post Card sets. The OREA will be selling Christmas ornaments featuring the City Seal. Item Five: Motion and second by Council Members Williams and Watford to approve the Centennial Fundraiser s to date: sell of Brick Pavers for the City Hall Front Walkway Improvement Project; sell Historic Prints; and sell Tickets/Tables to the Mayor s Gala. The brick pavers will be similar to the project at the library. The historic prints will be numbered and of certain limited historical events and/or places. Local photographer, Ms. Sandra Pearce has graciously volunteered her services on this project. The first set of prints will be featured and displayed for sale at the Kick-Off Celebration. Individual tickets will be sold to attend the Mayor s Gala, or a table (seating of eight) can be purchased. The funds collected will go to cover the expenses for hosting the five events and off-set the costs of the capital improvement projects. It was also clarified that all funds will be collected and managed by the City s Finance Department. Listed within Exhibit One, for informational purposes, were existing community events the CCAHC is partnering with in 2015, which are, January 17: Okeechobee Main Street (OKMS) Day of the American Cowboy; January 21: Kiwanis International Centennial Celebration; February 7-8: OKMS Top of the Lake Art & Chalk Festival, featuring a Centennial Poster Contest; February 21: FOR Okeechobee, Inc., 5K Ribbon Run; February 28-March 1: Battle of Okeechobee Re-enactment; March 14-15: OKMS Speckled Perch Festival & Rodeo; March 28: March of Dimes Walk; April 4: Kiwanis Easter Pancake Breakfast; July 4: FOR Okeechobee, Inc., Independence Day Celebration; September 5-7: OKMS Labor Day Festival & Parade; October 3: Adam Bryant Minimal Regatta featuring a Centennial Paddle Decorating Contest; December 12: OKMS Lighted Christmas Parade.

6 OCTOBER 21, REGULAR MEETING - PAGE 6 OF 15 COUNCIL ACTION - DISCUSSION - VIII. CENTENNIAL UPDATE CONTINUED. A. the monthly update from the Centennial Celebration Ad Hoc Committee continued. IX. OPEN PUBLIC HEARING FOR LAND DEVELOPMENT REGULATIONS (LDR s AMENDMENT ADOPTION - Mayor. A. 1. a) Motion to read by title only, proposed Ordinance No. 1115, amending LDR, Section Special Exception Uses, by expanding the list to include personal services, excluding pawn shops - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No by title only. B. 2. a) Motion to adopt proposed Ordinance No b) Public comments and discussion on proposed Ordinance No The list is not all inclusive as some events still are in need of a CCAHC coordinator, or final consideration of participation may not have been determined yet. In closing, the Mayor and Council thanked Mr. Mixon for the report and to convey to the members how much their work is appreciated. Additionally, Council Member O Connor noted his gratitude for the update being submitted in a written report format, and requested future ones be presented in the same manner. Mr. Mixon affirmed with the assistance of Clerk Gamiotea this can be accomplished. MAYOR KIRK OPENED THE PUBLIC HEARING FOR LAND DEVELOPMENT REGULATIONS (LDR s) AMENDMENT ADOPTION AT 6:36 P.M. Council Member O Connor moved to read by title only, proposed Ordinance No. 1115, amending LDR, Section Special Exception Uses, by expanding the list to include personal services, excluding pawn shops; seconded by Council Member Watford. Attorney Cook read proposed Ordinance No by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING PART II OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS, CHAPTER 90-ZONING, ARTICLE III-DISTRICTS AND DISTRICT REGULATIONS, DIVISION 6 COMMERCIAL PROFESSIONAL AND OFFICE (CPO) DISTRICT, SECTION SPECIAL EXCEPTION USES, BY EXPANDING THE LIST TO INCLUDE PERSONAL SERVICES, EXCLUDING PAWN SHOP; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member O Connor moved to adopt proposed Ordinance No. 1115; seconded by Council Member Watford. Mayor Kirk asked whether there were any questions or comments from the public. There were none. This LDR amendment was initiated by Application No TA, submitted by Ms. Donna Wildes. She requested to include Personal Services in the Permitted Uses within CPO Zoning Districts. After obtaining a lease agreement th with the option to purchase property located at 210 Northwest 5 Street, plans are to operate a health club/fitness center that will provide 24-hour access of fitness services. The property is zoned CPO and this use is not permitted.

7 OCTOBER 21, REGULAR MEETING - PAGE 7 OF 16 COUNCIL ACTION - DISCUSSION - IX. LDR AMENDMENT PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion on proposed Ordinance No continued. As provided in Code Book Section 66-1 Definitions, Service, personal, means an establishment primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. These include barbershop, beauty shop, clothes cleaning and repair, nail care, pawnshop, reducing salons and health clubs, shoe repair, tailor, and similar uses not primarily offering a product for sale. Currently barbershop and beauty shop are permitted by special exception. As reviewed at the first Hearing, the Planning Staff s response to the applicant s comments on the required findings are: it is not contrary to any Goals, Objectives or Policies in the Comprehensive Plan. The proposed change and its likely effects are compatible with the intent of the LDR s and specifically the intent of the CPO Zoning District, while the introductory paragraph to the permitted uses includes no specific reference to personal services, though expressly prohibits retail sales, display or storage of merchandise, and the manufacture or mechanical repair work. The use would not be expected to have an adverse effect upon the public interest. In fact, the location of personal service uses in close proximity, within walking distance, to concentrations of office workers, can reduce traffic congestion and travel time for services and activities, reducing vehicular trips for such activities or errands. The expansion of the uses allowable in this district should be approached with caution. The greatest concentration of CPO Zoning is located adjacent to and extending North of the Central Business District, in close proximity to the Courthouse and other public offices. Since the CPO Zoning is the City s least intensive commercial district, it has been recognized as a transitional use between more intense residential uses. Planning Staff is of the opinion that most personal service uses may be compatible in many situations and locations, but not all locations. Therefore, it was recommended that personal services would be most appropriately added as a special exception use rather than as a permitted use, especially when addressing these required findings: will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district affected or nearby; will be able to be suitably buffered should it be necessary. Planning Staff agrees the inclusion of the proposed uses will not create a density pattern that would overburden public facilities such as streets, schools, and utility services, and could help to reduce it. Flooding or drainage problems are not applicable in this instance, and should not burden properties in the CPO District or any other adjacent zoning districts by unnecessary restrictions. However, City Planner, Mr. Bill Brisson of LaRue Planning and Management Services, noted Council Member Williams question at the first Hearing on whether dry cleaning services should remain included, causing him to review the matter further. Dry cleaners is allowed as a Special Exception Use in Light Commercial which leaves him to believe it should not be allowed in CPO, unless it is for drop-off and pick-up only. He then asked Council to amend Ordinance No to also exempt dry cleaning on premises.

8 OCTOBER 21, REGULAR MEETING - PAGE 8 OF 15 COUNCIL ACTION - DISCUSSION - IX. LDR AMENDMENT PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion on proposed Ordinance No continued. Council Member Watford moved to amend Ordinance No to read as follows: Section (2) Personal services, except pawn shop and dry cleaning on premises; seconded by Council Member O Connor. ON MOTION TO AMEND WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. Mayor Kirk asked for any further discussion. Council Member Watford inquired to the Special Exception as discussed at the first Hearing, to which Mr. Brisson replied, Yes, Application No SE, was approved at the October 16, 2014, Planning Board meeting, with the following stipulations: the approval will not become effective until and when the text amendment to the City s LDR s adding personal services to the list of special exception uses in the CPO Zoning District is approved by the City Council and the square footage of the various uses will be consistent with the parking requirement that results from the City Council s actions on the applicant s requests for approval of off-site parking and the parking reduction. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. ON MOTION AS AMENDED KIRK - YEA MAXWELL - NO O CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:41 P.M. X. NEW BUSINESS. A. 1. a) Motion to read by title only, proposed Ordinance No and set final public hearing date for November 18, 2014 regarding Amendment 2, Medical Marijuana - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. Council Member O Connor moved to read by title only, proposed Ordinance No and set final public hearing date for November 18, 2014, regarding Amendment 2, Medical Marijuana; seconded by Council Member Williams.

9 OCTOBER 21, REGULAR MEETING - PAGE 9 OF 16 COUNCIL ACTION - DISCUSSION - X. NEW BUSINESS CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No by title only. 2. a) Motion to approve first reading of proposed Ordinance No b) Discussion. c) Vote on motion. Attorney Cook read proposed Ordinance No by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING CONCERNING AMENDMENT 2, MEDICAL MARIJUANA ON THE BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEMBER 4, 2014; IT APPEARING THAT SHOULD THE MEASURE BE APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND DISTRIBUTION OF MEDICAL MARIJUANA; THAT PENDING SUCH AND ACTION OF THE LEGISLATURE OR STATE ADMINISTRATIVE AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR REGULATIONS WHETHER ANY, THAT LOCAL MUNICIPAL GOVERNMENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL IT IS DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERNMENTS CAN PROCEED WITH REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL LICENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION OF A BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR IN ANY MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Council Member Watford moved to approve first reading of proposed Ordinance No. 1116; seconded by Council Member O Connor. Council Member Watford began the discussion stating there has been much discussion from the Treasure Coast Council of Local Government and the Treasure Coast Regional League of Cities, anticipating the outcome of the November 4, 2014, General Elections, in which Medical Marijuana Amendment 2 is on the ballot. Some cities have already enacted laws for their protection. Attorney Cook emphasized this ordinance is a good precaution until further action can be appropriated. He explained the Planning Board will be considering amendments to the LDR s at the November 20, 2014, meeting. Undersheriff Noel Stephen, of the Okeechobee County Sheriff s Department, who was in attendance, responded to the Council s questions concerning growers and dispensaries, that there are State restrictions and regulations, and the dispensaries are determined according to population. Okeechobee will be allowed four dispensaries.

10 OCTOBER 21, REGULAR MEETING - PAGE 10 OF 15 COUNCIL ACTION - DISCUSSION - X. NEW BUSINESS CONTINUED. B. Discuss a request to erect a business monument sign on the City rightof-way at the location of 210 Northeast 3 Avenue - Corey Penrod, rd Penrod Construction Company. Mr. Corey Penrod, of Penrod Construction made a presentation at the September 16, 2014, City Council meeting, where he explained he needs to construct a sign in order to advertise the location of his construction business. However due to the lot size, location of existing structures, and set-back requirements, the area is not large enough to erect a sign that would be visible. He submitted a sign permit application to erect a business monument sign (eightfeet, eight-inches by six-feet, eight-inches overall size) that would encroach within the City right-of-way at the location rd of 210 Northeast 3 Avenue. City Staff reviewed the sign application, and relayed they could not issue the permit, as it is prohibited according to City Codes; Chapter 90-Zoning, Article IV, Division 5, Section (3), which reads, Freestanding monument signs are permitted within all commercial and industrial zoning districts provided that; they are located consistent with all applicable setback requirements and are not located in a public right-of-way. Staff further advised even in the event of a setback encroachment, a permit may be issued but only after a Variance is granted. Also, Section (13) Prohibited Signs reads, Signs that obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public rights-of-way, including sidewalk. At the previous meeting, the Council discussed the peculiarity of Mr. Penrod s situation, the building is over 50 years old, it can be difficult and sometimes impossible to bring older properties up to Code. They noted, the Code prohibits signs in the right-of-way and they can not justify making an exception. The City Council had directed Administrator Whitehall to get a written opinion from Attorney Cook, since he was absent, distribute to both Mr. Penrod and Council, and then should it be deemed necessary, bring it back to Council for further consideration. Mr. Penrod has since then made adjustments by moving the sign closer to the building, originally it was proposed to be only fifteen-feet nine-inches off the edge of the right-of-way, it is now nineteen-feet. He is requesting the City Council s support as according to Section , Placement Standards: (a) supports for signs or sign structures shall not be placed in or upon a public right-of-way or public easement, except under the terms of a lease between the owner of the easement or right-of-way, and the owner of the sign, or with the written approval of the City of Okeechobee. The modification previously explained will allow one of the columns on his property and the other on the right-of-way. Attorney Cook advised based on Section , the City Council has the authority to approve the request. The Council, wanting to assist businesses within the City, discussed drafting an agreement to allow the encroachment on the City s right-of-way, similar to existing Alley and Street Use Agreements. Based on the uniqueness of this issue, as the building is located in a transitional area going from residences to commercial offices; that is was originally a single family home, which was remodeled into offices, then again into a physical therapy office, prior to the current, and now third remodel, added with the lot dimensions and layout of the plat was completed in 1914, the Council agreed there was sufficient justification to approve the request.

11 OCTOBER 21, REGULAR MEETING - PAGE 11 OF 15 COUNCIL ACTION - DISCUSSION - X. NEW BUSINESS CONTINUED. B. Discuss a request to erect a business monument sign on the City rightof-way at the location of 210 Northeast 3 Avenue rd continued. Council Member Williams moved to enter into an agreement (to be drafted by Attorney Cook), with Penrod Construction to allow an encroachment of a sign on the City s right-of-way with the following stipulations: the sign will be placed fifty percent on the City s right-of-way, and fifty percent on their property, (legal description: Lot 6 of Block 143, City of Okeechobee, Plat Book 5, Page 5), with the sign not to exceed four feet in width; and require the City be held harmless with a rider certificate of insurance added to their insurance policy; seconded by Council Member O Connor. C. Consider a reduction of up to 20 percent of the required parking for the proposed uses, and use of five off-site parking spaces located in the parking lot of the 300 Plaza, provided the applicant obtains a parking use agreement, acceptable to the City, and signed by the owner of the 300 Plaza, that ensures the availability of the five off-site spaces for as long as they are needed to meet the parking requirement for the th proposed uses at 210 Northwest 5 Street - City Administrator (Exhibit 4). Ms. Donna Wildes, d/b/a Beasts and Barbells, LLC, submitted Application No TA, to add personal services to the list of allowable uses in the CPO District, which the City Council approved in Item IX. A., Ordinance No th Ms. Wildes is proposing two options for a fitness center to be located at 210 Northwest 5 Street. In order to meet the parking requirements for the mix of uses under either option, she is requesting approval for five off-site parking spaces from Plaza 300. Under the provision of Code Book Section (a)(2) it states: Parking and loading space location. The City Council may approve off-site parking facilities should the Technical Review Committee (TRC) find the location of the off-site facility will adequately serve the use for which it is intended, and whether the applicant submits a written agreement to the City ensuring the continued availability of the off-site facility for parking use. She is also requesting reduction in the number of required parking spaces which allows for the use of surplus on-street parking, that is not needed by other uses, to be counted towards the off-street parking requirement. Code Book Section (a) reads as follows: Reduction of parking space requirements in commercial districts. In Commercial, Central Business, and Public Use Zoning Districts, City Council may reduce the number of parking spaces should the TRC find that there is a surplus of on-street parking in the immediate vicinity of the proposed use that is not required by other uses, or that the applicant has provided sufficient off-street parking by alternative means, such as but not limited to a parking garage, or adequate parking lots adjacent to the proposed use. Planner Brisson addressed the Council by explaining there are 20 parking spaces on the site, one of them designated as handicapped. However, based on current regulations an additional 15 parking spaces is required in order for Ms. Wildes to use her requested Option One, which consists of a 4,000 square foot fitness center with 2,400 square feet of office space and 1,200 square feet of storage space. Or, an additional 12 parking spaces to use her requested Option Two, consisting of a 4,000 square feet fitness center with 1,500 square feet of office space, and 2,100 square feet of storage space.

12 October 21, Regular Meeting - Page 12 of 15 COUNCIL ACTION - DISCUSSION - X. NEW BUSINESS CONTINUED. C. Consider a reduction of up to 20 percent of the required parking and use of five off-site parking spaces located in the parking lot of the 300 th Plaza for the proposed uses at 210 Northwest 5 Street continued. The Planning Staff and TRC are recommending the business layout use of Option Two, with a reduction of up to six required off-street parking spaces and provide five off-site parking spaces, with the stipulations that Ms Wildes obtains an agreement from the 300 Plaza owner, guaranteeing the availability of at least five parking spaces located in their parking lot for as long as the five parking spaces are needed to meet the off-street parking requirement, and there th continues to be at least 20 parking spaces in the parking lot associated with 210 Northwest 5 Street, one of which must be designated handicap parking. Council Member Maxwell expressed his concern of the parking regulations being insufficient in relation to the older buildings and subdivisions and would like this to be revisited. Mr. Brisson responded the Planning Board also has shown an interest in revisiting the parking regulations to allow more flexibility and will proceed with Council s direction. Council Member Watford moved to approve a 20 percent parking reduction (six spaces) and the use of five spaces located at the 300 Plaza, for the proposed use at 210 Northwest 5th Street, (legal description: Lots 7 to 10 of Block 92, City of Okeechobee, Plat Book 5, Page 5), as recommended by the Technical Review Committee and with stipulations being met; seconded by Council Member O Connor. D. Consider a Temporary Street Closing Application, submitted by th Central Elementary School, to close Southwest 5 Avenue between th th Southwest 6 and 8 Streets from 4:00-9:00 P.M. on October 24, 2014, for their Annual Fall Carnival - City Administrator (Exhibit 5). E. Consider a Temporary Street Closing Application, submitted by Open th Hands Health Care Center, Inc., to close Southwest 4 Street between th th Southwest 5 and 6 Avenues from 6:00-10:00 A.M. on November 22, 2014, for a 5K race benefit - City Administrator (Exhibit 6). Motion and second by Council Members Watford and Williams to approve the application submitted by Central th th th Elementary School, to temporarily close a portion of Southwest 5 Avenue between Southwest 6 and 8 Streets, from 4:00 to 9:00 P.M. on October 24, 2014, for their Annual Fall Carnival. Motion and second by Council Members Watford and Williams to approve the application submitted by Open Hands th th th Health Center, Inc., to temporarily close a portion of Southwest 4 Street between Southwest 5 and 6 Avenues, from 6:00 to 10:00 A.M. on November 22, 2014, for their Finger Lickin 5K Kickin Race Benefit.

13 OCTOBER 21, REGULAR MEETING - PAGE 13 OF 15 COUNCIL ACTION - DISCUSSION - X. NEW BUSINESS CONTINUED. E. Consider a Temporary Street Closing Application, submitted by Open Hands Health Center, Inc., for a 5K race benefit continued. F. Motion to approve Florida Department Environmental Protection (FDEP) Grant Agreement No. S0730, for storm water conveyance; debris and muck removal - City Administrator (Exhibit 7). The City had submitted a request to the Local Legislative Delegation on January 28, 2013, for funding assistance for the Storm Water Retrofit Project, to provide clean, safe waters for residents and the public and improve water quality by providing swales, conveyance and inlet improvements to reduce pollutants, phosphorous and nitrogen loads from water runoff into Taylor Creek and Lake Okeechobee. This is a continuation and second agreement entered into with the Florida Department of Environmental Protection. The first one was Agreement No. S0672 for the City to receive reimbursements, up to a maximum of two hundred fifty thousand dollars ($250,000.00), expended towards this project. This second Agreement No. S0730, for State Appropriations, is in the amount of one hundred thousand dollars ($100,000.00), on a cost reimbursement basis for a period of twelve months, for canal maintenance via debris/muck removal. Public Works Director David Allen added he has already applied for next year s grant appropriations. Mr. Gary Ritter, Intergovernmental and Outreach Representative for South Florida Water Management District (SFWMD), added they are in the process of accepting applications to provide funding for stormwater, alternative water supply and water conservation projects for the Fiscal Year The deadline is November 21, Also, there is the opportunity to apply for a Rural Economic Development Initiative Waiver (REDI), for matching funds. He will forward the link to Public Works Director Allen. Motion and second by Council Members O Connor and Williams to approve the Florida Department of Environmental Protection Grant Agreement No. S0730 for storm water conveyance, debris and muck removal, in the amount of one hundred thousand dollars ($100,000.00). G. Consider a motion to waive the formal bidding procedures and award a sole-source contract to Global Mapping, Inc., in the amount of $8, for annual mapping services - City Administrator (Exhibit 8). Council Member Watford moved to waive the formal bidding procedures and award a sole-source contract to Global Mapping, Inc., in the amount of eight thousand, eight hundred dollars ($8,800.00), for annual mapping services; seconded by Council Member O Connor. There was a brief discussion on this item.

14 OCTOBER 21, REGULAR MEETING - PAGE 14 OF 15 COUNCIL ACTION - DISCUSSION - X. NEW BUSINESS CONTINUED. G. Consider a motion to waive the formal bidding procedures and award a sole-source contract to Global Mapping, Inc., continued. Council Member Watford moved to waive the formal bidding procedures and award a sole-source contract to Global Mapping, Inc., in the amount of eight thousand, eight hundred dollars ($8,800.00), for annual mapping services; seconded by Council Member O Connor. There was a brief discussion on this item. H. Consider Citizen Board Appointments - City Clerk (Exhibit 9). The City Clerk s Office received one application requesting to be considered for the Planning Board/Board of Adjustment and Appeals/Design Review Board, after advertising for the vacancy. The Council was asked to consider appointing Mr. Mac Jonassaint as the Alternate Member for this board. Motion and second by Council Members Watford and O Connor to appoint Mr. Mac Jonassaint as an Alternate Member to the Planning Board, Board of Adjustment, and Design Review Board, term ending April 30, 2017 (replacing Mrs. Toni Doyle). The Council was reminded of a General/Okeechobee Utility Authority Pension Board of Trustee vacancy and two Code Enforcement Board vacancies. I. Discussion regarding the demolition of the train depot - City Councilman Watford. Council Member Watford began the discussion referencing Attorney Cook s response relating to the Train Depot demolition, dated September 25, 2014, as requested by City Council on July 15, 2014, regarding a remedy or recourse of fraud or deceit on demolition applications. Florida Statues Chapter (4)(b) has a provision which permits a local contractors licensing board, after a public hearing, to penalize a contractor, including license suspension, for fraud or willful building code violations, he also included and referenced several legal opinions. Based on this information, Attorney Cook advised he was of the opinion that the Licensing Board would not take action against the contractor, based on the factual matters of this issue, which he listed as: (1) The pending demolition of the depot was reported by the contractor to Okeechobee Main Street/Chamber of Commerce, well in advance of the work; unfortunately, they either thought the City was aware of the demolition, or neglected to pass along that information to Administrator Whitehall. (2) The contractor relied upon public record information available to him when he submitted the application; the Property Appraiser s Office apparently had incorrect information or incomplete information in their records as to the location and description of this parcel, which has now been corrected.

15 OCTOBER 21, REGULAR MEETING - PAGE 15 OF 15 COUNCIL ACTION - DISCUSSION - X. NEW BUSINESS CONTINUED. I. Discussion regarding the demolition of the train depot continued. (3) Our Building Official made some assumptions concerning the location and description of the parcel which turned out to be incorrect, and signed-off on the permit without further inspection or investigation; that process has now been corrected. (4) Once the City discovered the errors, the structure was well into demolition, which could not be stopped, due to the contractor relying on our issuance of the permit, and the advanced state of disrepair of the structure. Attorney Cook concluded the memorandum by stating, while the words used on the demolition permit, demolish and remove old abandoned warehouse are troubling, fraud and deceit are intentional and knowing acts, and under these facts he doubted the Licensing Board, Court, or any other Agency would find the Contractor intentionally misled or deceived the City in the process. The City has initiated precautionary measures on all demolition permits and now requires a picture of the structure, a notarized letter from the owner consenting to the demolition, and an inspection by the Building Official. Attorney Cook suggested the adoption of a well drafted ordinance similar to the copy attached to the memorandum from the City of Melbourne, that has a policy and procedures for demolishing historic structures, and provide means to carefully study any proposed renovation or demolition of such structures, Council agreed by consensus that they type of ordinances needs to be presented for Council consideration. Further, Council Members Watford and Maxwell requested Attorney Cook, to research and bring back a recommendation, a mechanism to implement within our regulations the means to penalize an applicant when erroneous information is submitted, or otherwise imply why this would not be feasible. XI. ADJOURN MEETING - 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. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 7:29 p.m. The next regular scheduled meeting is November 18, ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk