CITY OF OKEECHOBEE FEBRUARY 18, 2014 REGULAR CITY COUNCIL MEETING RD 55 SE 3 AVENUE COUNCIL CHAMBERS OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 6 I. CALL TO ORDER - Mayor. February 18, 2014, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation to be given by Reverend Loy Mershimer, Okeechobee Presbyterian Church; 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 Mayor Kirk called the February 18, 2014, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Reverend Loy Mershimer of the Okeechobee Presbyterian Church; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Absent IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. a Certificate of Retirement to Jeff Baugh. On behalf of the City, Mayor Kirk and Fire Chief Smith presented to Jeff Baugh a plaque commemorating his 27 years of service with the City and his retirement. The plaque read as follows: Whereas, Mr. Jeffrey David Baugh began his Firefighting career with the City of Okeechobee Fire Department on June 29, 1987; and Whereas, after four years of outstanding performance in his duties as a Firefighter and Emergency Medical Technician, Jeff was promoted to Fire Lieutenant on January 17, 1991, obtaining his Fire Inspector Certification on April 13, 1992; and Whereas, during his tenure, his diligence to the field of fire fighting and prevention is evidenced by obtaining 116 Certificates of Completion for attending seminars, conferences, and continuing education classes; and Whereas, being admired by his fellow firefighters as impartial and fair, was elected to (continued)
FEBRUARY 18, 2014 - REGULAR MEETING - PAGE 2 OF 6 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. a Certificate of Retirement to Jeff Baugh continued. B. a Ten-Year Longevity Service Award to Belen Reyna. C. Proclaim the week of February 16-22, 2014 as National Engineers Week. D. Proclaim the week of March 16-22, 2014 as Sunshine Week. (continued from page 1) represent the department on the Employee Grievance Committee for 20 consecutive years. Additionally, was awarded the Samaritan Officer of the Year in 1991 and 1992; and Now Therefore, this certificate is presented upon 27 years of faithful public service, in recognition of Jeff s official retirement, January 31, 2014. Retirement is a time to look back with admiration and a time to look forward with anticipation. Your City family wishes you all the best on your next endeavor. Mr. Baugh was accompanied by his comrades from the Fire Department and conveyed his appreciation to everyone. On behalf of the City, Mayor Kirk and Police Chief Davis presented to Sergeant Belen Reyna a framed certificate which read, In recognition of your ten years of service, hard work, and dedication to the City of Okeechobee, its citizens, and your fellow employees, February 9, 2004 to February 9, 2014. The commendation included an embossed leather portfolio. In Chief Davis presentation, he gave a biography of Sergeant Reyna, then elaborated, he goes above and beyond the call of duty, is loyal and dedicated to the City, and his fellow workers. Sergeant Reyna was accompanied by his family to celebrate this accomplishment and thanked the City for giving him the career opportunity in public service. Mr. Marcos Montes de Oca, member of the Treasure Coast Chapter of the Florida Engineering Society, received the Engineers Week Proclamation presented by Mayor Kirk, and read into the record as follows: Whereas, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society s needs; and Whereas, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century; and Whereas, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and Whereas, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future. 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 February 16 through 22, 2014, as NATIONAL ENGINEERS WEEK in the City of Okeechobee. On behalf of the City, Mayor Kirk read the following proclamation as follows: WHEREAS, protection of every Floridians right to access public records and government meetings, is a high priority in the City of Okeechobee; and WHEREAS, an open and accessible government is vital to establishing and maintaining the people s trust and confidence in their government and in the government s ability to effectively serve its citizens; and WHEREAS, Sunshine Week is a national initiative to open a dialogue about the importance of a transparent government and freedom of information, supporting the principles of open government, and the public s right to know and have access; and WHEREAS, Sunshine Week grew out of Florida s (continued)
FEBRUARY 18, 2014 - REGULAR MEETING - PAGE 3 OF 6 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. D. Proclaim the week of March 16-22, 2014 as Sunshine Week continued. V. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the January 21, 2014, Regular Meeting. VI. - Mayor A. Requests for the addition, deferral or withdrawal of items on today s agenda. VII. OPEN PUBLIC HEARING FOR FIRST READING OF ORDINANCE - Mayor. A. 1. a) Motion to read by title only, and set March 18, 2014, as a final public hearing date for proposed Ordinance No. 1108, amending the Land Development Regulations by adding a definition for Limited Agriculture; creating a Division 15-Rural Heritage; and by listing limited agriculture as permitted uses in appropriate zoning districts - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only, and set final hearing. (continued from page 2) Sunshine Sunday in 2002, in response to efforts by some Florida Legislators, to create scores of new exemptions to the state s public records law; and WHEREAS, Sunshine Week is being promoted by national, state and local officials, in an effort to increase public awareness of this right, and serve as a reminder to those in government, to continue their commitment to abide by the Sunshine Laws. 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 March 16-22, 2014, as Sunshine Week to promote dialogue about the importance of open government and freedom of information, to increase information provided electronically and online, and to ensure the public maintains their right to be heard at all City meetings and that such are duly noticed. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the January 21, 2014, Regular Meeting; seconded by Council Member Watford. There was no discussion on this item. VOTE WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today s agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR FIRST READING OF ORDINANCE AT 6:13 P.M. Council Member Watford moved to read by title only, and set March 18, 2014, as a final public hearing date for proposed Ordinance No. 1108, amending the Land Development Regulations by adding a definition for Limited Agriculture; creating a Division 15-Rural Heritage; and by listing limited agriculture as permitted uses in appropriate zoning districts Council; seconded by Council Member Williams. VOTE WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
FEBRUARY 18, 2014 - REGULAR MEETING - PAGE 4 OF 6 VII. PUBLIC HEARING FOR FIRST READING OF ORDINANCE CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 1108 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 1108. b) Public comments and discussion. Attorney Cook read proposed Ordinance No. 1108 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, PROVIDING FOR AMENDMENT TO PART II-CODE OF ORDINANCES, SUBPART B- LAND DEVELOPMENT REGULATIONS, CHAPTER 66-GENERAL PROVISIONS, BY ADDING A DEFINITION FOR LIMITED AGRICULTURE TO SECTION 66-1; CHAPTER 90-ZONING, ARTICLE III-DISTRICT AND DISTRICT REGULATIONS, CREATING DIVISION 15-RURAL HERITAGE (RH) DISTRICT, TO ADDRESS THE PRESERVATION OF PROPERTY FORMERLY ZONED HOLDING IN SECTIONS 90-434 THROUGH 90-438; DIVISION 2-RESIDENTIAL SINGLE-FAMILY ONE (RSF-1) DISTRICT, DIVISION 5-RESIDENTIAL MULTIPLE- FAMILY (RMF) DISTRICT, DIVISION 10-INDUSTRIAL (IND) DISTRICT, BY ADDING LIMITED AGRICULTURE OF A COMMERCIAL NATURE TO THE LIST OF PERMITTED USES TO SECTIONS 90-102, 90-192, AND 90-342; DIVISION 13-RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-R) DISTRICT, BY ADDING LIMITED AGRICULTURE AS A PERMISSIBLE INTERIM USE TO THE LIST OF PERMITTED USES IN SECTION 90-417; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Maxwell moved to approve the first reading of proposed Ordinance No. 1108; seconded by Council Member Watford. In review, the Land Development Regulation amendments were discussed at length at the January 21, 2014, meeting in relation to Ordinance No. 1107, with similar amendments to the Comprehensive Plan. The Council was clear they do not want to jeopardize the 4H, Future Farmers of America, or show animal projects, wanting to make sure students will be able to participate in raising their livestock animals, nor do they want to cause an owner to lose their agricultural exemption status. The proposed amendments are being recommended for adoption by the Planning Board, from their meetings on February 21, 2013, September 19, 2013, and October 17, 2013 recommending not to amend Code Book Chapter (10) regulating Animals, nor further amendments to the RSF-1 zoning uses to broaden the types of animals allowed. City Planning Consultant, Mr. Bill Brisson of LaRue Planning and Management Services, reviewed the materials with the Council, while responding to their questions and comments. The ordinance is written so that only those properties currently zoned Holding will be permitted to choose the RH District zoning. No other properties, and no new ones will be eligible to rezone to RH. The permitted uses will be detached single family dwellings with a minimum lot area of two acres and 200 feet wide; Limited agriculture uses and associated structures for commercial or noncommercial boarding, raising, and grazing of horses and cattle with a minimum lot area of one acre per animal; Noncommercial raising or keeping of a maximum of three in total hogs, sheep, and goats with a minimum lot area of one acre per animal.
FEBRUARY 18, 2014 - REGULAR MEETING - PAGE 5 OF 6 VII. PUBLIC HEARING FOR FIRST READING OF ORDINANCE CONTINUED. A. 2. b) Public comments and discussion continued. Noncommercial plant and vegetable gardens; or cultivation of hay for use or sale will not have a minimum lot area. There are additional structure requirements to regulate minimum yard requirements, maximum lot coverage by all buildings, maximum impervious surface and maximum height of structures. Attorney Cook raised the question, regardless of zoning, the regulations in Code Book Chapter 10-Animals, permits an individual to own up to three animals in a noncommercial environment. Those with more than three must provide appropriate pens or shelter, and sanitary waste disposal. Animal is defined as any living dumb creature. This may cause enforcement and implementation inconsistencies within the new RH zoning. He recommended that upon adoption of proposed Ordinance No. 1108, the Council consider amendments to Chapter 10, to clarify any ambiguity. Council Member Watford asked, so to clarify his interpretation, an owner with RSF-1 zoning can have what type of agriculture use? Mr. Brisson answered, they would be governed by Chapter 10, all animal breeds are permitted. The discussion briefly turned to whether vacant land was included in Chapter 10, since it implies the use of a house. Attorney Cook interjected, that has never been the interpretation, the property can have structures or be vacant. While discussing whether RH allowed a broader agriculture use compared to other zonings, Council considered whether to delete the language that would not allow additional properties to be rezoned to RH, once the existing Holding ones are finalized. After discussion, the consensus was to remove the limitation, as well as to revisit, Chapter 10-Animals. Council Member Maxwell moved to amend Section 2 of proposed Ordinance No. 1108, Division 15 RH District, Section 90-434, by deleting and identified as Holding on the Zoning Map, as revised July 19, 2013" in paragraph (b); seconded by Council Member Watford. The amendment proposes the paragraph to read: The RH Zoning District may be applied to only lands designated Single-Family Residential, Multi-Family Residential, Mixed-Use Residential, and Industrial on the Future Land Use Map of the Comprehensive Plan. Mayor Kirk asked whether there were any comments from the public. There were none. VOTE ON MOTION TO AMEND WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. Mayor Kirk called for further discussion, comments or questions from the Council or the public. There were none.
FEBRUARY 18, 2014 - REGULAR MEETING - PAGE 6 OF 6 VII. PUBLIC HEARING FOR FIRST READING OF ORDINANCE CONTINUED. A. 2. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VOTE ON MOTION AS AMENDED WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCE TRANSMITTAL AT 6:41 P.M. VIII. NEW BUSINESS. A. Motion to ratify the appointment of Jack Boon to the Police Pension Fund Board of Trustees, term February 19, 2014 to September 30, 2017, (replacing Russell Cale) - City Clerk. Council Member Watford moved to ratify the appointment of Jack Boon to the Police Pension Fund Board of Trustees, term February 19, 2014 to September 30, 2017; seconded by Council Member Williams. Council thanked Mr. Boon for his willingness to serve. VOTE WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. IX. ADJOURN MEETING. 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 6:42 p.m. The next regular scheduled meeting is March 4, 2014, at 6:00 p.m. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk