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2001-10-16 RegularCITY OF OKEECHOBEE OCTOBER 16, 2001 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: October 16, 2001, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Wismael Sanchez; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of October 21- 27, 2001 as "Character Counts Week." PAGE 1 OF 10 Mayor Pro -Tern Watford called the October 16, 2001 Regular City Council Meeting to order at 6:00 p.m. Before the invocation, Mayor Pro-Tem Watford called for a moment of silence for Mayor Kirk's Family. Our thoughts and prayers go out to him and his family during the bereavement of his grandmother. In Pastor Sanchez absence Deacon Robert Reidel offered the invocation; Mayor Pro-Tempore Watford led the pledge of allegiance. Deputy Clerk Gamiotea called the roll: Absent Present Present Present (acting as Mayor Pro-Tempore) Present Present Present Absent Present Mayor Pro-Tem Watford read the proclamation in its entirety as follows: "WHEREAS, young people mill bethe stewards of our communities, nation and world in critical times, and the present and future well-being of our society requires an involved, caring citizenry with good character, and WHEREAS, concerns about the character training of children have taken on a newsense of urgency as violence by and against youth threatens the physical and psychological well-being of the nation, and WHEREAS, more than ever, children need strong and constructive guidance from their families and their communities, including schools, youth organizations, religious institutions and civic groups, and WHEREAS, the character of a nation is only as strong as the character of its individual citizens, and the public good benefits when young people learn that good character counts in personal relationships, in school and in the workplace, and WHEREAS, scholars and educators agree that people do not automatically develop good character and, therefore, conscientious efforts must be made by youth -influencing institutions and individuals to help young people develop the essential traits and characteristics that comprise good character, and WHEREAS, character development is, first and foremost, an 241 2 OCTOBER 16, 2001 - REGULAR MEETING - PAGE 2 OF 10 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim the week of October 21 - 27, 2001 as "Character Counts obligation of families, though efforts by faith communities, schools, and youth, civic and human service Week" continued. organizations also play a very important role in supporting family efforts by fostering and promoting good character, and WHEREAS, in July 1992, the Aspen Declaration was written by an eminent group of educators, youth leaders and ethics scholars forthe purpose of articulating a coherent framework for character education appropriate to a diverse and pluralistic society, and WHEREAS, the Aspen Declaration states that "effective character education is based on core ethical values which form the foundation of democratic society" - trustworthiness, respect, responsibility, fairness, caring and citizenship - and these "Six Pillars of Character" transcend cultural, religious and socioeconomic differences, and WHEREAS, the Aspen Declaration statesthat "The character and conduct of our youth reflect the character and conduct of society; therefore, every adult has the responsibility to teach and model the core ethical values and every social institution has the responsibility to promote the development of good character". NOW THEREFORE, I, James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim October 21 - 27, 2001 as "Character Counts Week". Mr. Richard Green and Mrs. Jill Rogers where present to receive the proclamation. Mr. Green thanked the Council for their support, a list of activities will be mailed out to each of them. He encouraged them to go to the schools to observe what a great impact this program has had on the children of the community. B. Proclaim the month of November as "National Epilepsy Awareness Mayor Pro-Tem Watford read the following proclamation in it's entirety: "WHEREAS, Epilepsy, also known as Seizure Month." Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings, and WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder, and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses, and WHEREAS, Epilepsy can be caused byinjury tothe brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown, AND WHEREAS, Epilepsy can affect anyone, at any age and at any time, AND WHEREAS, More than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents, and WHEREAS, with the administration of anticonvulsant drugs, twothirds (66.66%) of those afflicted with Epilepsy are drug controlled, and WHEREAS, lack of education about this disorder has contributed to age old myths,superstitions and prejudices, AND WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself, and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance, and WHEREAS, studies carried out in the UNITED STATES overthe pastthirty years have indicatedthat of all disabilities, Epilepsy poses the greatest barrierto employment with unemployment rates estimated to fall between twenty and twenty-five percent, AND WHEREAS, Epilepsy should not be a barrierto success. In addition to the normal requirements forsuccess, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. NOW THEREFORE, I, Dowling R. Watford, Jr., by OCTOBER 16, 2001 - REGULAR MEETING - PAGE 3 OF 10 243 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Proclaim the month of November as "National Epilepsy Awareness the virtue of the authority vested in me as Mayor Pro-Tempore of the City of Okeechobee, do hereby proclaim Month" continued. III the month of November as "NATIONAL EPILEPSY AWARENESS MONTH." There was no one present to receive the proclamation, it will be forwarded to the appropriate party. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Oliver moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the September 27, 2001 Final Budget Hearing September 27, 2001 Final Budget Hearing and the October 2, 2001 Regular Meeting; seconded by Council Member and the October 2, 2001 Regular Meeting. I Chandler. There was no discussion on this item. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the October, 2001 Warrant Register. Council Member Oliver moved to approve the October, 2001 Warrant Register. General Fund two hundred forty-four thousand, four hundred seventy-eight dollars andforty-four cents ($244,478.44); Public Facility Fund eleven thousand, General Fund ....................... $244,478.44 one hundred eighty-nine dollars and eighty-three cents ($11,189.83); Emergency and Disaster Relief Fund six Public Facility Fund ................... $11,189.83 thousand, nine hundred forty-nine dollars and eighty-two cents ($ 6,949.82) and Law Enforcement Fund seven Emergency and Disaster Relief Fund ..... $ 6,949.82 hundred ninety-two dollars and thirty-nine cents ($792.39); seconded by Council Member Williams. There was no Law Enforcement Fund .................. $792.39 discussion on this item. VOTE NOTE: These Warrant Register amounts should have read for KIRK - ABSENT the month of September 2001. This will be corrected CHANDLER -YEA at the January 15, 2002 meeting. OLIVER-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 244 OCTOBER 16, 2001 - REGULAR MEETING - PAGE 4 OF 10 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on Mayor Pro-Tem Watford asked whether there were any requests for the addition, deferral or withdrawal of item's on today's agenda. III today's agenda. There were none. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR PRO-TEM WATFORD OPENED THE PUBLIC HEARING AT 6:13 P.M. A. 1. a) Motion to read by title only proposed Ordinance No. 780 closing a Council Member Chandler moved to read by title only proposed Ordinance No. 780 closing a portion of Northwest 3rd portion of Northwest 3rd Street and the alleyways in Blocks 125 Street and the alleyways in Blocks 125 and 138; seconded by Council Member Williams. and 138 - City Attorney (Exhibit 1). VOTE b) Vote on motion to read by title only. KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 780 by title only. Attorney Cook read proposed Ordinance No. 780 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS LOCATED IN BLOCK 125 AND 138, CITYOF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; CLOSING, VACATING AND ABANDONING A PORTION OF NORTHWEST 3RD STREET, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 780. III Council Member Oliver moved to adopt Ordinance No. 780; seconded by Council Member Williams. b) Public Comments. The floor was opened to the public for comments. County Attorney John Cassels briefly addressed the Council regarding the alleyways and street closing request and reiterating thatthe purpose for the closing is for the newjudicial complex. Circuit Judge Burton Conner, who is also a surrounding property owner addressed the Council supporting the closure. OCTOBER 16, 2001 - REGULAR MEETING - PAGE 5 OF 10 245 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public Comments continued. c) Vote on motion. B.1. a) Motion to read by title only proposed Ordinance No. 781 amending the Land Development Regulations's (LDR's) Sections 320, 330, 340, 350 and 650 relating to home occupations - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 781 by title only Mayor Pro-Tem Watford noted that the ordinance does not go into effect until a copy of all recorded utility easements are received by the City. He also asked whether there were any responses from other surrounding property owners. Deputy Clerk Gamiotea reported that thirty-three letters were mailed with no response from any one and all fee's have been paid by the County. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Oliver moved to read by title only proposed Ordinance No. 781 amending the Land Development Regulations's (LDR's) Sections 320, 330, 340, 350 and 650 relating to home occupations; seconded by Council Member Chandler. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 781 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE UNIFIED LAND DEVELOPMENT CODE TO ALLOW HOME OCCUPATIONS ADMINISTRATIVELY RATHER THAN BY SPECIAL EXCEPTION USE: AMENDING SECTION 320, RESIDENTIAL SINGLE FAMILY ONE ZONING DISTRICT REGULATIONS; AMENDING SECTION 330, RESIDENTIAL SINGLE FAMILY TWO ZONING DISTRICT REGULATIONS; AMENDING SECTION 340, RESIDENTIAL MOBILE HOME ZONING DISTRICT REGULATIONS; AMENDING SECTION 350, RESIDENTIAL MULTIPLE FAMILYZONING DISTRICT REGULATIONS; AND AMENDING SECTION 650, ACCESSORY USES AND STRUCTURES OF THE UNIFIED LAND DEVELOPMENT CODE; PROVIDING FOR REVISIONS TO THIS CODE; AND PROVIDING FOR AN EFFECTIVE DATE." 24OCTOBER 16, 2001 - REGULAR MEETING - PAGE 6 OF 10 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. a) Motion to adopt Ordinance No. 781. III Council Member Chandler moved to adopt Ordinance No. 781; seconded by Council Member Williams. b) Public Comments. The floor was opened for public comments. There were none. There was a brief discussion between the Council and City Planning Consultant Jim LaRue. The responsibility to determine whether a home occupation should be allowed will be determined by Staff as a team. Section 560 of the Land Development Regulations has specific criteria that must be met for a person to obtain a home occupation license, and limiting the types of businesses that can be approved. c) Vote on motion. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:25 P.M. DC UNFINISHED BUSINESS. A.1. a) Motion to remove from the table, a motion to adopt Resolution No. Council Member Oliver moved to remove from the table, a motion to adopt Resolution No. 01-13 regarding a request 01-13 regarding a request for a rate increase for garbage collection for a rate increase for garbage collection by Waste Management; seconded by Council Member Chandler. by Waste Management - City Attorney (Exhibit 3). b) Vote on motion. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. OCTOBER 16, 2001 - REGULAR MEETING - PAGE 7 OF 10 ly I .. . .. ... ... ...... . 1.1"..., . ...... ......... . ................... .. IX ............ *"*., ..................... ........ ... . ..... ` DC UNFINISHED BUSINESS CONTINUED. A 2. Consider the adoption of Resolution No. 01-13. There was a lengthy discussion between the Council, Staff and Waste Management representative Jeff Sabin. The discussion centered around the issue of the commercial collection rates in the City and the County. Mayor Pro-Tem Watford was very concerned with the differences in the rates and that basically the City's commercial collection was subsidizing the residential collection. He understood why the residential rate in the City would be higher than the County's since we have the cart system, trash collection and unlimited garbage collection. However, he did not understand why there would be such a difference in the commercial rate since they are the same provider, it is a seamless process and the same truck picks it up. The average cost per cubic yard in the City is $6.92, the County is $5.05. Mr. Sabin explained that there is a City route and a County route but that he would not guarantee that from time to time a truck might have both City and County commercial garbage in it. He also noted that the City's commercial garbage weighs more than the County's since it is "wet waste" and therefore is heavier. Mr. Sabin pointed out that the rate structure is the same that was agreed upon when the franchise agreement was renegotiated in 1997. Council Member Oliver also noted that we have been using this rate structure for the past three years. The current City and County franchises do not expire until September 30, 2005. Council requested Mr. Sabin provide them, through the Administrator, what the residential rates would have to go to, to bring the commercial rate more in line with the County's. Mr. Sabin agreed to submitthat information and noted that atthis point and time, it would be a significant increase in the residential rate. He then suggested that the Council approve the rates tonight as they are presented. Since the City is going to collection via the 2002tax roll, when the time comes to certifythe rates, he would come backto the CityvAth a new proposed rate structure for the commercial and residential rates. However, one of the reasons for going to the tax roll collection is to eliminate the amount of customers that are "slipping through the cracks" of the current collection system with the water bills. By realizing a true picture of the monies that will be collected, that might help off -set the impact of the residential rates when adjusting the commercial rates. Council agreed. The vote on the motion to adopt Resolution No 01-13 was as follows: VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - No WILLIAMS - YEA MOTION CARRIED. • OCTOBER 16, 2001 - REGULAR MEETING - PAGE 8 OF 10 X. NEW BUSINESS. A.1. a) Motion to read by title only and set November 6, 2001 as a public Council Member Chandler moved to read by title only and set November 6, 2001 as a public hearing date, Ordinance hearing date, Ordinance y a d s t Novemberestablishing procedures for No. 782 establishing procedures for implementing the enforcement of codes and ordinances by citation; seconded by implementing the enforcement of codes and ordinances by citation Council Member Oliver. - City Attorney (Exhibit 4). VOTE b) Vote on motion to read by title only and set public hearing date. KIRK - ABSENT CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. "AN ORDINANCE OF THE CITY OF I c) City Attorney to read proposed Ordinance No. 782 by title only. Attorney Cook read proposed Ordinance No. 782 by title only as follows:D ESTABLISHING ALTERNATIVE OKEECHOBEE, FLORIDAADOPTING AN METHOD TO ENFORCE CITYCODES AND ORDINANCES, AS AUTHORIZED BY CHAPTER 162 (21-23) FLORIDA STATUTES; DESIGNATING CODE OFFICERS AS PROVIDED BY STATUTE; ESTABLISHING BY IC TATIONC SETTING FOR OFORTHPLEMENTING THE PENALTIES AND ENFORCEMENT OF CODES AND ORDINANCES PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE." Attorney Cook noted that there are sections of the code book that need to reference in the ordinance and that he would have those proposed amendments at the final public hearing for the Council to consider at that time. 2. a Motion to approve the first reading of proposed Ordinance No. 782. Council Member Oliver moved to approve the first reading of proposed Ordinance No. 782; seconded by Council Member Williams. b) Discussion. Council Member Williams asked where the fines would go. Attorney Cook explained that Staff had met with Clerk of Court Sharon Robertson and that she indicated she could include any fines collected with the monthly check that is sent to us with traffic and other court fees that her office collects on behalf of the City. Mayor Pro-Tem Watford asked why are we doing this? Attorney Cook responded that the Council had instructed him to meet with Chief Tomey and the Administrator regarding code enforcement issues and this is the result of one of their meetings. These procedures had alwaywheen athiswould take the place of IiensVAttorney Covailable to the City, however preious ook ald not wish swered, nto, thes 1 them. Council Member Chandler asked ether are civil matters, and if a person did not pay the ticket, then the lien would be put on the property. OCTOBER 16, 2001 -REGULAR MEETING -PAGE 9 OF 10 Z#9 X. NEW BUSINESS CONTINUED. A. 2. c) Vote on motion. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - NO WILLIAMS - YEA MOTION CARRIED. B. Motion to approve a temporary closing request by First Baptist Council Member Chandler moved to approve a temporary closing request by First Baptist Church for the portion of Church for the portion of Southwest 6th Avenue between North and Southwest 6th Avenue between North and South Park Streets on October 31, 2001 from the hours of 4:00 p.m. to 10:00 South Park Streets on October 31, 2001 from the hours of 4:00 p.m. for the Family Fall Festival and on December 4th, 5th, 6th, 7th and 8th from the hours of 4:00 p.m. to 10:00 p.m. p.m. to 10:00 p.m. for the Family Fall Festival and on December for the presentation of "His Story;" seconded by Council Member Oliver. 4th, 5th, 6th, 7th and 8th from the hours of 4:00 p.m. to 10:00 p.m. for the presentation of "His Story" - City Administrator (Exhibit 5). VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. Motion to approve the City Administrator's Employment Agreement Council Member Oliver moved to approve the City Administrator's Employment Agreement - City Attorney (Exhibit 6); - City Attorney (Exhibit 6). seconded by Council Member Williams. There was a brief discussion on this item, the agreement was renewed for another two years (beginning October 1, 2001 through September 30, 2003), and the section regarding salary was changed to allow the administrator the same Fiscal Year raise as all employees rather than through contract amendments. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 2150 OCTOBER 16, 2001 - REGULAR MEETING - PAGE 10 OF 10 X. NEW BUSINESS CONTINUED. D. Motion to approve an Interlocal Agreement between the City and Council Member Oliver moved to approve an Interlocal Agreement between the City and the Okeechobee Utility the Okeechobee Utility Authority related to the Economic Authority related to the Economic Development Administration Grant; seconded by Council Member Chandler. There Development Administration Grant - City Administrator (Exhibit 7). was a brief discussion on this item. VOTE KIRK - ABSENT CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Discuss the scheduling of the November, 2001, December, 2001 Council decided not to take any action regarding the scheduling of the Novemberthrough January meetings until Mayor and January, 2002 Council meetings - City Administrator (Exhibit Kirk was present. This item will be considered at the November 6, 2001 meeting. 8). X. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF 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. i owlin . Watford, Jr., M or Pro-Tempore ATTEST: ✓ '`' r� Id 1Z rL Bonnie-S.. Thomas, CHIC, City Clerk THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR PRO-TEM WATFORD ADJOURNED THE MEETING AT 7:35 P.M. ,� k 1 i'v- IV. Page -I- CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING - October 16, 2001 HANDWRITTEN MINUTES CALL TO ORDER: - Mayor: Pro Tempore Watford October 16 2001 City Council Regular Meeting, 6:00 p.m. (Mayor Kirk is out of town due to the death of his grandmother OPENING CEREMONIES: Invocation offered by Pastor Ridel; Pledge of Allegiance led by Mayor Kirk MAYOR, COUNCIL AND STAFF ATTENDANCE - Present Mayor Kirk Council Member Chandler Council Member Oliver Council Member Watford Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea PRESENTATIONS AND PROCLAMATIONS - Mayor. Absent y 2�.(tii' A. Proclaim the week of October 21 - 27, 2001 as "Character Counts Week." WHEREAS, young people will be the stewards of our communities, nation and world in critical times, and the present and future well-being of our society requires an involved, caring citizenry with good character, and WHEREAS, concerns about the character training of children have taken on a new sense of urgency as violence by and against youth threatens the physical and psychological well-being of the nation, and WHEREAS, more than ever, children need strong and constructive guidance from their families and their communities, including schools, youth organizations, religious institutions and civic groups, and WHEREAS, the character of a nation is only as strong as the character of its individual citizens, and the public good benefits when young people learn that good character counts in personal relationships, in schooland in the workplace, and WHEREAS, scholars and educators agree that people do not automatically develop good character and, therefore, conscientious efforts must be made by youth -influencing institutions and individuals to help young people develop the essential traits and characteristics that comprise good character, and WHEREAS, character development is, first and foremost, an obligation of families, though efforts by faith communities, schools, and youth, civic and human service organizations also play a very important role in supporting family efforts by fostering and promoting good character, and WHEREAS, in July 1992, the Aspen Declaration was written by an eminent group of educators, youth leaders and ethics scholars for the purpose of articulating a coherent framework for character education appropriate to a diverse and pluralistic society, and WHEREAS, the Aspen Declaration states that "effective character education is based on core ethical values which form the foundation of democratic society" -trustworthiness, respect, responsibility, fairness, caring and citizenship - and these "Six Pillars of Character" transcend cultural, religious and socioeconomic differences, and WHEREAS, the Aspen Declaration states that "The character and conduct of our youth reflect the character and conduct of society; therefore, every adult has the responsibility to teach and model the core ethical values and every social institution has the responsibility to promote the development of good character". NOW THEREFORE, I, James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim October 21 - 27, 2001 as "Character Counts Week". S ktewA B. Proclaim the month of November as "National Epilepsy Awareness Month." Whereas, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings, and Whereas, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder, and Whereas, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses, and Whereas, Epilepsy can be caused Page -2- by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown, AND WHEREAS, Epilepsy can affect anyone, at any age and at any time, AND WHEREAS, More than two million Americans are afflicted with some type of Epilepsy. Of this number,150,000 are Florida residents, and Whereas, with the administration ofanticonvulsant drugs, two thirds (66.66%) of those afflicted with Epilepsy are drug controlled, and Whereas, lack of education aboutthis disorder has contributed to age old myths, superstitions and prejudices, AND WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself, and Whereas, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance, and Whereas, studies carried out in the UNITED STATES over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent, AND Whereas, Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. Now Therefore, I, James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of November as "NATIONAL EPILEPSY AWARENESS MONTH." IV. MINUTES - City Clerk. A. Council Member_ moved to dispense with the reading and approve the Summary of Council Action for the September 27, 2001 Final Budget Hearing and the October 2, 2001 Regular Meeting; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER - OLIVER WATFORD WILLIAMS Mot! n CCa d �- Denied. VI. WARRANT REGISTER - City Administrator. A. Council Member — moved to approve the October, 2001 Warrant Register. General Fund two hundred forty- four thousand, four hundred seventy-eight dollars and forty-four cents ($244,478.44); Public Facility Fund eleven thousand, one hundred eighty-nine dollars and eighty-three cents ($11,189.83); Emergency and Disaster Relief Fund six thousand, nine hundred forty-nine dollars and eighty-two cents ($ 6,949.82) and Law Enforcement Fund seven hundred ninety-two dollars and thirty-nine cents ($792.39); seconded by Council Member UO_ VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER e OLIVER v WATFORD WILLIAMS Moti ar ed -Denied. Mi. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor �r? A.1. a) Council Member Ll (I— moved to read by title only proposed Ordinance No. 780 closing a portion of Norghwest 3rd Street and the alleyways in Blocks 125 and 138 -City Attorney (Exhibit 1); seconded by Council Member CC.� . b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD ty WILLIAMS Motion 6ae - Denied. c) City Attorney to read proposed Ordinance No. 780 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS LOCATED IN BLOCK 125 AND 138, CITY OF OKEECHOBEE, u 2. a) b) Page-3- AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; CLOSING, VACATING AND ABANDONING A PORTION OF NORTHWEST 3RD STREET, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Council Member `" moved to adopt Ordinance No. 780; seconded by Council Member 00`� . Public Comments. -t � n 017 kcf 7 CLI� Q,, `< prjkt_, 3ficku'Ll 411A c lx�> Lr#—L _3,�S ltkt, n c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER v OLIVER WATFORD WILLIAMS Motio arriW— Denied. B.1. a) Council Member 'EL moved to read by title only proposed Ordinance No. 781 amending the Land Development Regulations's (LDR's) Sections 320 330, 340,350 and 650 relating to home occupations - City Attorney (Exhibit 2); seconded by Council Member I� b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK V CHANDLER v OLIVER WATFORD v WILLIAMS � /�` Motiorj/CarrietY-r Denied. c) City Attorney to read proposed Ordinance No. 781 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE UNIFIED LAND DEVELOPMENT CODE TO ALLOW HOME OCCUPATIONS ADMINISTRATIVELY RATHER THAN BY SPECIAL EXCEPTION USE: AMENDING SECTION 320, RESIDENTIAL SINGLE FAMILY ONE ZONING DISTRICT REGULATIONS; AMENDING SECTION 330, RESIDENTIAL SINGLE FAMILYTWO ZONING DISTRICT REGULATIONS; AMENDING SECTION 340, RESIDENTIAL MOBILE HOME ZONING DISTRICT REGULATIONS; AMENDING SECTION 350, RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICT REGULATIONS; AND AMENDING SECTION 650, ACCESSORY USES AND STRUCTURES OF THE UNIFIED LAND DEVELOPMENT CODE; PROVIDING FOR REVISIONS TOTHIS CODE; AND PROVIDING FOR AN EFFECTIVE DATE." Page -4- 2. a) Council Member moved to adopt Ordinance No. 781; seconded by Council Member b) Public Comments. � Cal (Y�4�� in�� t,% r.3w 'v. C� Pak c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK ►,� CHANDLER ✓ OLIVER WATFORD WILLIAMS Mot(orr Carried — Denied. CLOSE PUBLIC HEARING -Mayor �p . VI. NEW BUSIENSS. Page -5- IX. UNFINISHED BUSINESS. A.1. a) Council Member ,UT' moved to remove from the table, a motion to adopt Resolution No. 01-13 regarding a request for a rate increase for garbage collection by Waste Management - City Attorney (Exhibit 3); seconded by Council Member _ _ b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK v CHANDLER OLIVER WATFORD v WILLIAMS Motio anied - Denied. 2. Consider the adoption of Resolution No. 01-13. (Motion by Council Member Oliver moved to adopt Resolution No 01-13; seconded by Council Member Chandler at the October 2, 2001 meeting.) " 1 I °, 5 r 1 jell 0 � r �C� Cc �� , P_Q4 L.,L.�V��c ICI �� C'c �e�xact c�zuz w w) nu_�_`L,�' 1. C yLC" r` Y� C (AVo P 'C z ,fir' ('v) `J9 _ ! lC_', k I (-j s � % C �'1C°'t�.0 e . i`�LG �vvt j <' rn m� t C ' Ci c �c �c_ c_( VOTE YEA N KIRK AY ABSTAIN ABSENT CHANDLER OLIVER WATFORD ✓ WILLIAMS ��(.L �Olk 4P %)tJ�� '- rC7 t'cC`i +.� 'X7 � Motio Carried ; Denied. L t:r�s ,` � tc t : ' itu rtt tr r► c ej , (l� ,(emu x( h� a toff 4 �- Jgd''1L i5�70 2�- 'ILI dc,41, vl�3 lwol the rj s�.Lj (!Zu POT -Z,)\ Page -6- X. NEW BUSINESS. A.1. a) Council Member ( moved to read by title only and set November 6, 2001 as a public hearing date, Ordinance No. 782 establishing procedures for implemen g the enforcement of codes and ordinances by citation -City Attorney (Exhibit 4); seconded by Council Member b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Moti Caned — Denied. C) City Attorney to read proposed Ordinance No. 782 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AND ESTABLISHING ALTERNATIVE METHOD TO ENFORCE CITY CODES AND ORDINANCES, AS AUTHORIZED BY CHAPTER 162 (21-23) FLORIDA STATUTES; DESIGNATING CODE OFFICERS AS PROVIDED BY STATUTE; ESTABLISHING PROCEDURES FOR IMPLEMENTING THE ENFORCEMENT OF CODES AND ORDINANCES BY CITATION; SETTING FORTH PENALTIES AND PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE." 7 2. a)FCMoember uncil Member moved to approve the first reading of proposed Ordinance No. 782; seconded by Council b) Discussion. ay (a-kkic Ow - +_vL6 1-y� C/C Dvc1 C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK i> CHANDLEROLIVER +� WATFORD ✓ WILLIAMS Motio ame — Denied. Page-7- B. Council Member_ moved to approve a temporarily closing request by First Baptist Church for the portion of Southwest 6th Avenue between North and South Park Streets on October 31, 2001 from the hours of 4:00 p.m. to 10:00 p.m. for the Family Fall Festival and on December 4th, 5th, 6th, 7th and 8th from the hours of 4:00 p.rpto 10:00 p.m. for the presentation of "His Story" - City Administrator (Exhibit 5); seconded by Council Member JZ -Tale) VOTE YEA NAY ABSTAIN ABSENT KIRK L CHANDLER OLIVER WATFORD WILLIAMS Motio Came �- Denied. :l C. Council Member moved to approve the City Administrator's Employment Agreement -City Attorney (Exhibit 6); seconded by Council Member 0u. VOTE KIRK CHANDLER OLIVER WATFORD WILLIAMS _ P.m - C ue YEA NAY ABSTAIN ABSENT v Motion "a e� — Denied. • • Page -8- D. Council Member f:SD_ moved to approve an Interlocal Agreement between the City and the Okeechobee Utility Authority related to a Economic Development Administration Grant - City Administrator (Exhibit 7); seconded by Council Member C .c4C Y11 + ti- ! / �?`t VOTE YEA NAY ABSTAIN ABSENT KIRK ,r CHANDLER — OLIVER WATFORD, WILLIAMS Motion m-le j- Denied. E. Discuss the scheduling of the November, 2001, December, 2001 and January, 2002 Council meetings - City Administrator (Exhibit 8). UA- v� ' ( /�C� JA- CITY OF OKEECHOBEE OCTOBER 16, 2001 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER - Mayor: October 16, 2001, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Wismaer Sanchez; • Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of October 21 - 27, 2001 as "Character Counts Week." B. Proclaim the month of November as "National Epilepsy Awareness Month." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 27, 2001 Final Budget Hearing and the October 2, 2001 Regular Meeting. OCTOBER 16.2001 - CITY COUNCIL AGENDA - PAr.r 2 of 4 • VI. WARRANT REGISTER - City Administrator. A. Motion to approve the October, 2001 Warrant Register. General Fund $244,478.44 Public Facility Fund ............................... $11,189.83 Emergency and Disaster Relief Fund .................. $ 6,949.82 Law Enforcement Fund .............................. $792.39 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to read by title only proposed Ordinance No. 780 closing a portion of Northwest 3' Street and the alleyways in Blocks 125 and 138 - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 780 by title only. 2. a) Motion to adopt Ordinance No. 780. b) Public Comments. c) Vote on motion. B.1. a) Motion to read by title only proposed Ordinance No. 781 amending the Land Development Regulations's (LDR's) Sections 320, 330, 340, 350 and 650 relating to home occupations - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 781 by title only. OCTOBER 16, 2001 - CITY COUNCIL AGENDA - PAGE 3 OF 4 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. a) Motion to adopt Ordinance No. 781. b) Public Comments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. • IX. UNFINISHED BUSINESS. A. 1. a) Motion to remove from the table, a motion to adopt Resolution No. 01-13 regarding a request for a rate increase for garbage collection by Waste Management - City Attorney (Exhibit 3). b) Vote on motion. 2. Consider the adoption of Resolution No. 01-13. X. NEW BUSINESS. A. 1. a) Motion to read by title only and set November 6, 2001 as a public hearing date, Ordinance No. 782 establishing procedures for • implementing the enforcement of codes and ordinances by citation - City Attorney (Exhibit 4). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance No. 782 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 782. b) Discussion. c) Vote on motion. OCTOBER 16, 2001 - CITY COUNCIL AGENDA - PAGE 4 OF 4 X. NEW BUSINESS CONTINUED. A. Motion to temporarily close the portion of Southwest 6' Avenue (between Parks 5 & 6) between North and South Park Streets on October 31, 2001 from the hours of 4:00 p.m. to 10:00 p.m. for the Family Fall Festival and on December 4, 5 h, 6", 7" and 8`h from the hours of 4:00 p.m. to 10:00 p.m. for the presentation of "His Story" - City Administrator (Exhibit 5). B. Motion to approve the City Administrator's Employment Agreement - City Attorney (Exhibit 6). C. Motion to approve an Interlocal Agreement between the City and the Okeechobee Utility Authority related to the Economic Development Administration Grant - City Administrator (Exhibit 7). is D. Discuss the scheduling of the November, 2001, December, 2001 and January, 2002 Council meetings - City Administrator (Exhibit 8). XI. 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 proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. A ME Office of the Mayor (9hmrAobee, 1 dWez, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has. --the earliest medical writings; and AS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visi the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetie."i epsy E *I a brain disorder; and Hippocrates believed that pi was REAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign thtertain oi� brain cells (neurons) are discharging an excessive amount of electrical impulses; and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown; and WHEREAS, Epilepsy can affect anyone, at any age and at any time; and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents; and WHEREAS, with the administration of anticonvulsant drugs, two-thirds (66.66%) of those afflicted with Epilepsy are drug controlled. and WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and prejudices; and WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself, and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance; and WHEREAS, studies carried out in the UNITED STATES over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent; and WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsi, needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. NOW, THEREFORE, 1, Dowling R. Watford, by the virtue of the authority vested in me as Mayor Pro-Tempore of the City Okeechobee, do hereby proclaim the month of November as "NATIONAL EPILEPSY AWARENESS MONTH." Aaad Z .d . .d Ah md t,Av , Dowling R. Watford, Jr., AlayorP Preq,i, Attest: 1) 1 Bonnie S. ThoW Daft E u COMMITTEE FOR EPILEPSY AWARENESS 6670 ROYAL PALM BLVD BLDG. K APT. 302 MARGATE, FLORIDA 33063-2189 Jerry Pizza, Chairman (954) 984-8319 October, 2001 Bill Naulty, Secretary (561) 798-2798 Dear The month of November is "NATIONAL EPILEPSY AWARENESS MONTH". The Committee for Epilepsy Awareness would greatly appreciate your assistance in helping bring about an awareness of this disorder. Due to lack of correct information and an abundance of misinformation, people afflicted with Epilepsy have been discriminated against in all walks of life. It is our goal to remove the ancient myths, superstitions and prejudices associated with this disorder and educate people as to what Epilepsy is and what Epilepsy is not. Enclosed, please find a copy of our resolution. If your municipality participates in our awareness campaign, please send a copy of the resolution or proclamation to: Jerry Pizza - Chairman Committee for Epilepsy Awareness 6670 Royal Palm Blvd. Bldg. K. Apt. 302 Margate, Florida-33063-2189 Thank you in advance for your interest in and concern for people afflicted with Epilepsy. Sincerely, (-/' Jerry Pizza - J Chairman nlltNUrA1, Nl�V'I.��IL'I.It �11, 2000 • N�Vs LULAL Still SCIIIIIICL,om SUN JI.N11.1,1, Eliminating ignorance is dedicated o r ing public ness of By NATNNA BUTLER STAFF WRER ,The notebook compil in€;.leery Pizza's`ginnualtat'get list lie:;lvithin arm's'r " h on a nearby l,rble. The names are all nevi ly written in ink orpencil, not ing I1w dale of his last inailings.All,125oI them. Some even have margin notes, in- dicaling the -_� dale')f lvl ly. SECOND hill it CHANC4 doesn't mallee ES if two or STORIES"PF I IUPE all respond. He won't stop writingkAnd if they wait too long, he tteven call. ") 'twant anyone else to go thrgUgl the living hell that 1 went throe ","Pizza, 60, says from the cotiity room at his Margate .,., t complex. ping to do everything in s; raYrto spread the word," he on a mission to topple A START: Jerry Pizza holds a proclamation from Miami Beach declaring November National Epilepsy Awareness Month. He wants the entire state to participate. staff photor5nsan stocker one of the most prevalent and dan- gerous human conditions: igno- rance. Specifically, he wants to promote an understanding of epi- lepsy. Since retiring to South Florida in 1995, the New Jersey native has embarked on a massive letter -writ- ing campaign to have November recognized as National Epilepsy Awareness Month in Florida. Pizza, who chairs the volunteer Committee for Epilepsy Awareness in Margate, has mailed more than 400 copies of his resolution to area governments, including the gover- nor's office. More than 200 municipalities have responded this year, since the group's initial September mailings. "But this is only Nov. 17," Pizza says with a shrug. Plenty more time to work. Epilepsy — a neurological disor- der in which brain cells generate excessive or erratic discharge — af- 4 ,, / �-f I y< �_ < ' fects about 2.5 million Americans, according to the Epilepsy Founda- tion of South Florida. Pizza, a former president of the Essex County Epilepsy Support Group, launched his awareness campaign in 1986 after being dis- placed from his job as a corrections officer. Diagosed with epilepsy at the age of 12, Pizza often experiences petite mal seizures, in which pa- tients momentarily stare off into space as if they are daydreaming. In 1986, he experienced a sei- zure episode while on the job. While Pizza never hid his condi- tion from his employers, "they real - Iv didn't know what epilepsy was or is or how it affects people," he says. Pizza was no longer allowed to work at the jail where he had been an officer for 12 years. "It was pretty bad," says Pizza, who filed a discrimination suit against his employers. "I wasn't fired. I wasn't suspend- ed. But I was out of work for two years, because they wouldn't let me do anything." Pizza returned to work two years later, he says. But over the years, he had become sickened by the "far worse incidents" involving people with epilepsy. That sickness soon turned into "I don't want anyone else to go through the living hell that 1 went through: JERRY PIZZA MARGATE RESIDENT anger, and that anger motivatt� him to write each year. Pizza and associates from the 25-member support group in New Jersey spread their awareness mes- sage throughout much of that state's northern regions through billboards and newspaper adver- tisements. Pizza plans to do the same in Florida, where he has written to several major newspapers in hopes they will help promote the cam- paign. He also works with area bookstores each November to es- tablish a display booth on the epi- lepsy disorder. "People are more accepting, compared to the way they were 10 or more years ago," he says. you have to keep the word out. Natasha Butler can be reached at nbutlerCa)sun-sentinel.eom or 954-385-7930. i a yy r 4 104 Office of the Mayor �. �. young ion and world in critical times, and the present, people will be the stewards of our communities, natnF€ ,being of our society requires an involved, caring citizenry with good character; and - AS, concerns about the character training of children have taken on a new sense of urgency as violence by and against -threatens the physical and psychological well-being of the nation; and `�iE kEAS, more than ever, children need strong and constructive guidance from their families and their communities, including suers, youth organizations, religious institutions and civic groups; and 1EREAS, the character of a nation is only as strong as the character of its individual citizens, and the public good benefits when young: ' rsonal relationships, in school and in the workplace; and people learn that good character counts in pe character and therefore, conscientious efforts WHEREAS, scholars and educators agree that people do not automatically develop good c , must be made by youth -influencing institutions and individuals to help young people develop the essential traits and characteristics that comprise good character; and WHEREAS, character development is, first and foremost, an obligation of families, though efforts by faith communities, schools, and youth, civic and human service organizations also play a very important role in supporting family efforts by fostering and _ promoting good character; and WHEREAS, in July 1992, the Aspen Declaration was written by an eminent group of educators, youth leaders and ethics scholars for - the purpose of articulating a coherent framework for character education appropriate to a diverse and pluralistic society; and WHEREAS, the Aspen Declaration states that "effective character education is based on core ethical values which form the foundation of democratic society" - trustworthiness, respect, responsibility, fairness, caring and citizenship - and these "Six Pillars of / Character" transcend cultural, religious and socioeconomic differences; and AS, the Aspen Declaration states that "The character and conduct of our youth reflect the character and conduct of society; therefore, every adult has the responsibility to teach and model the core ethical values and every social institution has the responsibility to promote the development of good character". ` NOW THEREFORE, I, Dowling R. Watford, Jr., by the virtue of the authority vested in me as Mayor Pro-Tempore of the City _Okeechobee, do hereby proclaim October 21 - 27, 2001 as Character Counts Week". gAave /rand and caamd 41A6 jad % 6a .g y: s Dowling R. Watford, Jr., Mayor Pro-T€ifiq Attest: rh i 't Bonnie S. Thomas, CMC, uT Date: Odobe • ExBIBIT 1 OCTOBER 16 AGZNDA ORDINANCE NO. 780 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS LOCATED IN BLOCK 125 AND 138, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; CLOSING, VACATING AND ABANDONING A PORTION OF NORTHWEST 3RD STREET, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: Section 1: The alleys, alleyways or streets described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A 15 foot wide alley in Block 125, City of Okeechobee as recorded in Plat Book 1, Page 10, and Plat Book 5, Page 5, Public Records, Okeechobee County, Florida, more particularly described as that alley running East to West between Lots 1 to 12, inclusive. A 15 foot wide alley in Block 138, City of Okeechobee as recorded in Plat Book 1, Page 10, and Plat Book 5, Page 5, Public Records, Okeechobee County, Florida, more particularly described as that alley running East to West between Lots 1 to 12, inclusive. That portion of Northwest 3►d Street between West right of way line of Northwest 3'd Avenue to the East right of way line of Northwest 4th Avenue, City of Okeechobee as recorded in Plat Book 1, Page 10, and Plat Book 5, Page 5, Public Records, Okeechobee County, Florida. Section 2: The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Page 1 of 2 The Okeechobee News NOTICE OF PUBLIC HEARING CITY OF.OKEECHOBEE, FLORIDA '., P.O. Bog 639, Okeechobee, Florida 34973 PLEASE TAKE NOTICE that the Y City Council of the City of Okeecho- (863) 763-3134 bee, Floridawill t 6:0es.m. or as bar thereafter 2001 at 6:00 .m. or as soon thereafter as possPt at City Published Daily Hail, 55 SE 3rd Ave., Okeechobee, FL to conduct a PUBLIC HEARING on and thereafter cnopnsider final Ordinance STATE OF FLORIDA reading lNo 780 nN 0 DINANCE CLOSING AND ABAN- COUNTY OF OKEECHOBEE DONING THE ALLIEYS OR ALLEY- WAYS LOCATED IN BLOCK 125 Before the undersigned authority personally appeared Judy Kasten, who on oath AND 138, ITY OF OKEECHOBEE, says she is Publisher of the Okeechobee News, a DAILY Newspaper ublished AS RECORDED IN PLAT BOOK 1, YP PAGE 10, AND PLAT BOOK 5, Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, PAGE 5, PUBLIC RECORDS, OKEE- CHOBEE COUNTY, FLORIDA, being a CLOSINGp ` • ' A� ABAN- DONING A PORTION OF NORTH- WEST IN PLAT BOOK 1 S RECORD- ED AGE 10, AND PLAT BOOK 5, PAGE 5, PUB - in the matter of _ LIC RECORDS, OKEECHOBEE THE CITY GLEHK IU HtI;UHU IHL ORDINANCE IN THE PUBLIC in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was Y RECORDS OF THE CLERK OF THE. GIRGUIT GOUHT rn AHo ion published in said Newspaper in the issues of pPROVIDING OKEECHOBEE E COUNTY, FFECTIVLO ; FOR AN EFFECTIVE DATE. All members of the public are an- Affiant further says that the said Okeechobee News is a newspaper published at couradged to attend and particosed 8rata Theected a r- Okeechobee, in said Okeechobee County, Florida, and that said newspaper has hereto- nance may bhearine Insp. n its fore been published continuously in said Okeechobee County, Florida each week and has ,, by members of the public in the Oftrce of the City Clerk during been entered as second class mail matter at the post office in Okeechobee, in said P regular business hours, Mon. -Fri., 8am-430pm, except for holidays. Okeechobee County, Florida, for a period of one year next preceding the first publication PLEASE TAKE NOTICE AND BE of the attached copy of advertisement; and affiant further says that she has neither paid ADVISED that 9 any person desires to appeal aIry decision made by the nor promised any person, firm or corporation any discount, rebate, commission or refund City Council with respect to any for the purpose of secu ng this advertisement for publication in the said newspaper. matter considered at this hearing, such Interested person will need a I and for record of the procse (�/I,7 myeedings, to ensure auch verbatimorecorad of thneee proceed- of CG � SwotSl to and subscribed before me this day' '`� ings is made, which record in- eludes the he rry and evidence the appeal is to be upon whichh the A.D.2 d��ijrr"'', Karmen R. Brown �- ..P. U based. City Clerk tapes are for the sole purpose of backup for official �llnlia a<4: Commission # CC 902300 records of the Clerk. " ac Expires Jan. 17, 2004 P In accordance with the Americans Notary Public, State of lorida at Large ,, Of F��` Bonded Thru Inc. with Disabil'�y Act (ADA) and Fbd- da Statutes 286.26, with • �rrrFV, Atlantic Bonding Co., persons disabilities needing special accom- modation to participate in this pro- .. ceeding should contact Bonnie Thomas no later than two (2) work- ing days prior to the proceeding at 863-763-3372 x215; K hearing or TDD 863-534- voice Impaired, call 7777, or Florida Relay Service 1- 800-955-9770. BONNIE S. THOMAS, CMC, CITY CLERK 230583 - ON 10/5/01 •ri • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 "(863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published >n Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a in the matter of ' 1 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said Newspaper in the issues of Qc_k3�,g -- S � ZdC)) Affant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has hereto- fore 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 secure g this advertisement for publication in the said newspaper. V L Sworn to and subscribed before me this day of A.D. Karmen R. Brown pk`,zCommission # CC 902300 tom: Expires Jan. 17, 2004 �' '" • • ' �` Notary Public, State o Florida at Large '%;.` Bonded Thru Atlent.in Bondinp Co., inc. NOTICE OF PUBLIC HEARING CITY OF OKEECHOBEE, FLORIDA PLEASE TAKE NOTICE that the City Council of the City of Okeecho- bee, Florida will on Tuesday, Octo- ber 16, 2001 at 6:00 p m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL to conduct a PUBLIC HEARING on and thereafter consider final reading of the follow �p Ordinance into law: NO.781: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE UNIFIED LAND DE- VELOPMENT CODE TO ALLOW HOME OCCUPATIONS ADMINIS- TRATVELY RATHER THAN BY SPECIAL EXCEPTION USE: AMENDING SECTION 320, RESI- DENTIAL SINGLE FAMILY ONE ZONING DISTRICT REGULATIONS; AMENDING SECTION 330, RESI- DENTIAL SINGLE FAMILY TWO VELOPMENT CODE; PROVIDING FOR REVISIONS TO THIS CODE; AND PROVIDING FOR AN EFFEC- TIVE DATE. All members of the public are en- couraged to attend and par8cipate in said hearing. The proposed Mi- nance may be inspected in its en- tirety byY members of the public in the O01ce of the City Clerk during regular business hours, Mon. -Fri., Bam-4:30pm, except for holidays. 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 hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceed- ings is made, which record m- cludes the testimony and evidence upon which the appeal is to be based. City Clerk (apes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disability Act eDA) and Flod- da Statutes 286.28, persons with disabilities needing special accom- modation to participate in this pro - should contact Bonnie Thomas no later than two +2) work- ing days pr'or to the proceeding at 863-7 3-3372 x215; If hearing or voice impaired, call TOO 863--534- 7777, or Florida Relay Service 1- 800-955-9770. BONNIE S. THOMAS, CMC, CITY CLERK 230578 - ON 10/5/01 • • ERBIBIT 2 OCTOBER 16 Aaz=A ORDINANCE NO. 781 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE UNIFIED LAND DEVELOPMENT CODE TO ALLOW HOME OCCUPATIONS ADMINISTRATIVELY RATHER THAN BY SPECIAL EXCEPTION USE: AMENDING SECTION 320, RESIDENTIAL SINGLE FAMILY ONE ZONING DISTRICT REGULATIONS; AMENDING SECTION 330, RESIDENTIAL SINGLE FAMILY TWO ZONING DISTRICT REGULATIONS; AMENDING SECTION 340, RESIDENTIAL MOBILE HOME ZONING DISTRICT REGULATIONS; AMENDING SECTION 350, RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICT REGULATIONS; AND AMENDING SECTION 650, ACCESSORY USES AND STRUCTURES OF THE UNIFIED LAND DEVELOPMENT CODE; PROVIDING FOR REVISIONS TO THIS CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 163, Florida Statutes, provides for amendment to adopted Land Development Regulations; and WHEREAS, no valid objection has been made to the proposed Ordinance and it appears to be in the best interest of the City of Okeechobee that this Ordinance be adopted; WHEREAS, two public hearings were held by the City on September 25, 2001 and October 16, 2001; Now THEREFORE, BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as follows: SECTIONI. Section 320, RESIDENTIAL SINGLE FAMILY ONE ZONING DISTRICT REGULATIONS, Subsection 322, Special Exception Uses, has been amended as follows on the effective date of this Ordinance. The following uses and structures are permitted after issuance of a special exception use petition. 1. Heme-eeeupetien 2. Boarding house 3. Adult Family Care Homes or Assisted Living Facilities as provided by Law. 4. Guest house, Servant's quarters, or Pool house, provided the lot area shall not be less than 12,500 square feet. 5. House of worship, on a lot less than 5 acres 6. Off -Street parking and access to a commercial enterprise in a commercial zoning district 7. Community center 8. Indoor recreation 9. Outdoor recreation 10. Golf course 11. Public utility 12. Permitted uses in excess of 30 feet in height Page 1 of 4 SECTION 2, Section 330, RESIDENTIAL SINGLE FAMILY TWO ZONING DISTRICT REGULATIONS, Subsection 332, Special Exception Uses, has been amended as follows on the effective date of this Ordinance. The following uses and structures are permitted after issuance of a special exception use petition: 1. ! come-eeertpatban 2. Boarding house 3. Adult Family Care Homes or Assisted Living Facilities as provided by Law. 4. Guest house, Servant's quarters, or Pool house, provided the lot area shall not be less than 12,500 square feet. 5. House of worship on a lot less than 5 acres 6. Off -Street parking and access to a commercial enterprise in a commercial zoning district 7. Community center 8. Indoor recreation 9. Outdoor recreation 10. Golf course 11. Public utility 12. Permitted uses in excess of 30 feet in height SECTION 3. Section 340, RESIDENTIAL MOBILE HOME ZONING DISTRICT REGULATIONS, Subsection 342, Special Exception Uses, has been amended as follows on the effective date of this Ordinance. The following uses and structures are permitted after issuance of a special exception use petition: 1. I lame eeeupefien � 2. Adult Family Care Homes or Assisted Living Facilities as provided by Law. 3. Day care center 4. House of worship, on a lot less than 5 acres 5. Recreation vehicle park for transient recreation use only 6. Off -Street parking and access to a commercial enterprise in a commercial zoning district 7. Community center 8. Indoor recreation 9. Outdoor recreation 10. Golf course 11. Public utility SECTION 4. Section 350, RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICT REGULATIONS, Subsection 35Z Special Exception Uses, has been amended as follows on the effective date of this Ordinance. The following uses and structures are permitted after issuance of a special Page 2 of 4 exception use petition: 1. HV"FU eetrpa Jon 2. Guest house, provided the lot area shall not be less than 12,500 square feet 3. Boarding house 4. Group home 5. Day care center 6. House of worship, on a lot less than 5 acres 7. Off -Street parking and access to a commercial enterprise in a commercial zoning district 8. Community center 9. Indoor recreation 10. Outdoor recreation 11. Public utility 12. Permitted uses in excess of 45 feet in height 13. Residential migrant housing facility 14. Adult Family Care Homes or Assisted Living Facilities as provided by Law. SECTION 5. Section 650, ACCESSORY USES AND STRUCTURES, Subsection 652, Home Occupation, has been amended as follows on the effective date of this Ordinance. A home occupation may be permitted by speeffial exeeption administratively in a dwelling subject to the following Regulations: 1. Only the resident who is licensed to do so shall be engaged in the home occupation. 2. A home occupation shall be clearly incidental to the residential use, and shall not occupy more than 20 percent of the total building floor area, nor more than 300 square feet. 3. There shall be no alteration in the residential character, or visible evidence of the conduct of such occupation. 4. No equipment or process shall be used in the occupation which creates interference to neighboring property due to noise, vibration, glare, fumes, odors or electrical disturbance. 5. Outdoor storage of materials used in the occupation is prohibited, except for garden produce. 6. No good or services shall be sold on the property. 7. Individual instruction in art, music or education may be give to one person at a time. 8. Following shall not be permitted as home occupations; beauty shop, barber, group band, dance or swimming instruction, dining facility or tea room, antique or gift shop, fortune telling or similar activity; photographic studio; outdoor repair; retail sales; nursery school. Page 3 of 4 SECTION 6. SEVERABIUTY. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. SECTION 7. Effective Date. The effective date for the enactment of this Ordinance shall be immediately upon its passage. INTRODUCED for first reading and set for final public hearing this 2"d day of Octobe , 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 161 of October, 2001. ATTEST: Bonnie S_ Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 4 of 4 James E. Kirk, Mayor CITY OF OKEECHOBEE LAND PLANNING AGENCY SEPTEMBER 25, 2001 SUMMARY OF AGENCY ACTION 7915 Page 1 of 2 0,6 _• ..,,a.. _.. AGENDA ACTIOi - DISCIITSSIT}T::QE �a . ,,,•_. : . I. CALL TO ORDER - Chairperson Fati7 ce Chairperson Ledferd called the September 25, 2001 Land Planning Agency meeting to order Land Planning Agency September 25, 2001, 7:15 p.m. :31 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Jerry Walker . Agency Member Dawn Hoover Agency Member Thomas Keller Agency Member William Ledferd Agency Member Christopher Mavroides Agency Member Douglas McCoy Agency Member Frank Mueller Alternate Daniel Creech Alternate Sandra Jones Attorney John R. Cook Secretary Carolyn Arnold III. UNFINISHED BUSINESS - City Attorney. Board Secretary Arnold called the roll: Absent (with consent) Absent (with consent) Present Present Present Present Present Absent (without consent) Present Present Present A. Consider amending Volume One of the Unified Land Development Code (Land III Board Member Mueller moved to remove this item from the table. Board Member Keller seconded • Development Regulation's - LDR's). The proposed amendment specifically to the motion. all sections regulating home occupation (Exhibit 1). This item was tabled at the August 28, 2001 regular meeting. VOTE .TONES — YEA KELLER — YEA LEDFERD — YEA MAVROIDES — YEA MCCOY — YEA MUELLER - YEA MOTION CARRIED. r September 25, 2001 - Land Planning Agency - Page 2 of 2 AG)NDA: SCIJSSl(T1�r; VOTE, CTTI� . _DI III. UNFINISHED BUSINESS CONTINUED. I A. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's), continued. IV. ADJOURNMENT - CHAIRPERSON. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. JERRY WALKER, CHAIRPERSON ATTEST: CAROLYN ARNOLD, SECRETARY Attorney Cook described the proposed amending ordinance. There are small businesses whose operations do not significantly impact the surrounding properties, these would be ideal for home occupations. Most of these businesses do not sell a product. It seems unfair to make the someone pay a special exception application fee and go through the process if there will be no major impacts to the surrounding properties. Also the proposed ordinance is very specific as to which businesses would require administrative approval and those with special exception approval. There were no comments from the Board. Board Member Mueller moved to recommend that the Land Planning Agency recommend that the City Council approve the amendment to the Land Development Code specifically to all sections regulating home occupation as submitted by Attorney Cook. Board Member Keller seconded the motion. VOTE JONES - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA MUELLER - YEA MOTION CARRIED. There being no further items on the agenda, Vice Chairperson Ledferd adjourned the meeting at 7:40 p.m. • EXHIBIT 3 OCTOBZR 16 AGENDA RESOLUTION NO. 01-13 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA REVISING THE RATE SCHEDULE FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF OKEECHOBEE, PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Okeechobee, Florida that: Section 1: Pursuant to Section 8-36 of the Code of Ordinances of the City of Okeechobee, the charges and rates for garbage and trash collection shall be as follows: 1. Residential Rate shall be eleven dollars, forty-three cents ($11.43) per month per living unit for garbage pick-up. 2. Commercial Can Rate per month for business garbage collection only shall be as follows. Any additional or special waste collection request over and above contracted service rate can be negotiated between the customer and contractor. Number of Cans 1 2 3 4 5 COMMERCIAL CAN RATE Frequency of Service 1x $11.58 $17.50 $23.27 $29.27 $40.52 3. Commercial Container Rate shall be as follows: COMMERCIAL CONTAINER RATE Container Size Frequency of Service 1x 2x 3x 4x 5x 6x 7x 1 yd $ 46.06 $ 88.78 N/A N/A N/A N/A N/A 2 yd $ 78.16 $145.43 $205.35 $265.27 $325.20 $385.14 $445.07 3 yd $110.07 $198.14 $264.44 $320.45 $390.81 $461.15 $531.50 4 yd $134.18 $234.07 $299.56 $382.35 $456.50 $532.94 $609.38 6 yd $182.98 $297.32 $411.88 $522.41 $628.09 $733.78 $839.48 8 yd $216.97 $351.40 $475.93 $600.47 $722.80 $846.22 $969.64 SECTION 2: The charges and rates established by this resolution shall take effect on the I' day of October, 2001. Page 1 of 2 INTRODUCED AND ADOPTED this 2nd day of October, 2001. ATTEST: Bonnie S. Thomas, CMC City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney James E. Kirk Mayor Page 2 of 2 • • Effective Date. The effective date for the enactment of this Ordinance shall be immediately upon its passage. INTRODUCED for first reading and set for final public hearing this 16'hday of October, 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 6"' of November, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 3 171 ExHIBIT 4N OCTOSER 16 AGENDA ORDINANCE NO. 782 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AND ESTABLISHING ALTERNATIVE METHOD TO ENFORCE CITY CODES AND ORDINANCES, AS AUTHORIZED BY CHAPTER 162 (21-23) FLORIDA STATUTES; DESIGNATING CODE OFFICERS AS PROVIDED BY STATUTE; ESTABLISHING PROCEDURES FOR IMPLEMENTIN THE ENFORCEMENT OF CODES AND ORDINANCES BYCITATION; FORTH PENALTIES AND PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE. /I 'J WHEREAS, the enforcement of City codes and ordinances serves a legitimate public service; protects the rights and responsibilities of all citizens of the City of Okeechobee, and enacting enforcement procedures is a valid municipal function; and WHEREAS, to be effective and meaningful, the enforcement of codes and ordinances must be performed in a timely manner, and should provide for penalties likely to discourage offenders and repeat offenders; and WHEREAS, the citing of offenders, and the use of existing code board procedures to enforce codes and ordinances, remains an effective means for the City of Okeechobee, but alternative methods of enforcement will enhance the ability of the City to enforce its codes and ordinances; NOW, THEREFORE, be it ordained by the City Council for the City of Okeechobee, Florida, at public hearing and by majority vote of the City Council: 1. THAT the City of Okeechobee, Florida adopts the procedures set forth in Florida Statutes 162.21; 162.22 and 162.23 as an alternative method of enforcement of codes and ordinances within the City, and incorporates said Statutes, and as hereafter amended by the Florida Legislature, into this ordinance. 2. THAT the City of Okeechobee, Florida shall adopt and obtain a standard form of citation for use in code and ordinance violations which shall include those provisions set out in Section 162.21(3)(c), and such other information as deemed necessary by the City Administrator. 3. THAT the City of Okeechobee, Florida shall designate, by separate resolution from time to time as necessary, those persons within the City who may act as Code Enforcement Officers on behalf of the City, which persons may be, but are not limited to, Law Enforcement Officers; Animal Control Officers; Fire Safety Inspectors; Code Officers. 4. THAT although this alternative method of code and ordinance enforcement pertains to each and every code and ordinance of the City, the City of Okeechobee, Florida reserves the right, by separate resolution from time to time as deemed appropriate, designate specific violations and schedule of penalties therefore, for the issuance of citations, as permitted by Florida Statue 162.21(5), but that this method of enforcement shall not be employed to enforce any violations that may arise under Florida Statutes Section 553.73; 553.79 and 553.80. Page 1 of 3 • • 5. THAT the procedures for implementation of this method of enforcement shall include: a. That the use of uniform citations for enforcement of violations of any City code or ordinance shall be limited to civil infractions. b. The maximum penalty for violation of any code or ordinance is the sum of $500.00 per violation. C. The person(s) designated as Code Officers for the issuance of citations hereunder is authorized to do so if such officer has reasonable cause to believe that a person has committed an act in violation of a code or ordinance. d. Prior to issuing a citation, the Code Officer shall provide written notice to the alleged violator of the violation of a code or ordinance, and allow a period, depending on the circumstances and severity of the violation, and the reasonable discretion of the officer, no less than 5 days but not to exceed 30 days in which to correct the violation. If, after such period the Code Officer determines that the violation is not corrected, a citation may then be issued to the violator. e. An opportunity to correct the violation need not be provided by the Code Officer in the event the Code Officer determines that the alleged violator is a repeat violator, or that the nature of the violation is such that the Code Officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or that the violation is irreparable or irreversible in nature, in which case a citation may be immediately issued. A repeat violator shall not be afforded the opportunity to pay a citation in order to avoid a court appearance. f. The citation shall include a notice to appear in the County Court on the violation at a specified date, place and time, and if the alleged violator fails to pay the assessed penalty on the citation or to appear in County Court, a judgment may be entered against the violator for an amount up to the maximum civil penalty. g. The person(s) issued a citation under this procedure has the absolute right to appear and contest the citation in County Court, Okeechobee County, Florida. h. If the alleged violator elects to not contest the violation, and is not a repeat violator as defined by Chapter 162, Florida Statutes, such person may, prior to the date the person is set to appear in court, (i) notify the Code Officer to conduct an inspection that the violation is corrected; and (ii) pay a civil penalty to the clerk of court in such sum as is set forth on the citation, plus any fees charged by the Clerk. Thereupon, the citation shall be dismissed without court appearance. SEVERABILMY. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. Page 2 of 3 66 Southeast 3id Avenue ExHIBIT 5^- OCTOBER 16 AC; z=A City of Okeechobee Florida U974 * 863- 7634372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There /s a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant First Baptist Church Today's Date a 101 Address 401 SW 4th Street Phone(s) 763-2171 Name of Property Owner City of Okeechobee Address 55 SE 3rd Avenue Phone(s) F763-3372 Street to be Closed SW 6th Ave (between Parks 5&6) hetween N & S Park Streets Dates to be Closed October 31, 2001 for Family Fall Festival Time(s) to be Closed 4:00 p.m. to 10:00 p.m. Safety of people going back forth from Parks 5 and 6 for these Purpose of Closing family festivals. Original Signatures of all residents, property owners and business owners N affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance, minimum $200,000.00. (Required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks). reClean-up is required within 24 hours. 9wNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. owNo donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. IwThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. 9wDumpsters and port -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT %d— ') - 4 Donnie Robertson, Public Works Director Authorized Signature Date Typed Name & Title POLICE DEPARTMENT o rn � orized Signature FIRE DEPARTMENT Z:/6 4 2! IL Denny Davis Chief of Police Date Typed Name & Title L. Keith Tomey, Fire Chief Authorizes Sig Date Typed Name & Title ADMINISTRATION '','J S'- () f Bill L. Veach, City Administrator Authorized Si nature Date Typed Name & Title CLERK'S OFFICE Authorized Signature Date Bonnie S. Thomas City Clerk Typed Name & Title APPROVED/DENIED BY COUNCIL ON: • • EXHIBIT 6 OCTOBER 16 AGENDA EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, is made and entered into this day of , 2001, by and between the CITY OF OKEECHOBEE, FLORIDA, a Municipal Corporation existing under the laws of the. State of Florida, hereinafter referred to as "CITY", whose address is 55 Southeast 3rd Avenue, Okeechobee, Florida 34974; and Bill L. Veach hereinafter referred to as "CITY ADMINISTRATOR", whose address on the date of execution is: 13015 Northeast 4ei Terrace Okeechobee, Florida 34972. WITNESSETH: WHEREAS, the CITY COUNCIL has determined to offer the position of CITY ADMINISTRATOR to Bill L. Veach; and WHEREAS, Bill L. Veach has determined to accept the offer from the CITY to serve as CITY ADMINISTRATOR; and WHEREAS, the parties have negotiated the terms of said employment which are set forth in this employment contract; NOW, THEREFORE, in consideration of the mutual covenants, premises, and promises set forth herein, the sufficiency all of which is acknowledged, the CITY and the CITY ADMINISTRATOR, desiring to be mutually legally bound, do agree as follows: 1. Employment. A. Commencing on February 21. 2000, the CITY OF OKEECHOBEE hereby employs Bill L. Veach as CITY ADMINISTRATOR to perform the functions and duties as CITY ADMINISTRATOR as set forth in the City Code of Ordinances 2.52 and 2.53, and as amended from time to time in the sole discretion of the CITY; and such duties as are or may be specified by ordinance, resolution, or direction of the CITY from time to time. Considering this, Bill L. Veach agrees to accept and to diligently perform the duties as set forth herein. The position of CITY ADMINISTRATOR is subject to all requirements of the City Personnel Policies and Procedures. B. This agreement, unless terminated as hereinafter provided, shall commence and remain in effect for a term as set forth below, at which time this agreement shall terminate, unless the terms hereof are modified by mutual consent and/or extended by agreement of both parties hereto in a written modification or extension. The term of this employment shall be for a period of two years, and shall commence on the 1 ' day of October. 2001, and unless terminated as hereafter provided or otherwise extended, shall expire on the 30th day of September 2003 at the hour of midnight. This contract, or as subsequently amended, may renew annually thereafter for successive one (1) year terms upon majority vote of the CITY, unless: Either party may give written notice to the other of an intent not to renew the annual contract, which written notice shall be communicated to the other party at least sixty (60) days prior to the ending date of this contract. This notice provision shall not apply in the event of a termination with or without cause, as hereinafter set forth. The CITY also retains the right to terminate the employment at any time during the contract year without cause, which will entitle the CITY ADMINISTRATOR to severance pay, as hereinafter defined. C. The CITY ADMINISTRATOR is subject to an evaluation of his/her performance at least once annually. Said evaluation is to be completed at least three (3) months prior to the end of the contract year. The CITY, in its sole discretion upon receipt of an unsatisfactory evaluation, may extend to the CITY ADMINISTRATOR a period of sixty (60) days to improve his/her performance prior to terminating this contract for cause. The CITY ADMINISTRATOR shall perform all duties and functions of CITY ADMINISTRATOR in a competent, professional, efficient and effective manner, which includes a requirement of open and effective communication between the CITY ADMINISTRATOR, Department Heads, employees, and the City Officials. The CITY COUNCIL shall be the sole judge of whether the CITY ADMINISTRATOR performs his/her duties in such a manner. 2 2. Terms of Employment. A. It is agreed that this agreement shall be subject to all provisions of the City Code of Ordinances and City Charter, as may be amended from time to time. B. The CITY and CITY ADMINISTRATOR agree that the CITY ADMINISTRATOR is a full time professional, managerial employee. In consideration of 29C.F.R541.102, the CITY ADMINISTRATOR agrees that he/she is properly classified as exempt for purposes of the Fair Labor Standards Act. It is recognized that the CITY ADMINISTRATOR will frequently work hours outside the normal work day of 8:00 a.m. to 4:30 p.m., but "full time" employment as used in this contract means a minimum of a 40 hour week, and the normal hours of the CITY ADMINISTRATOR will be from 8:00 a.m. to 4:30 p.m. Monday through Friday. C. The CITY ADMINISTRATOR, during the term of this contract, shall not accept, continue with, or perform any employment or actions that will create a conflict of interest between such employment or activities with the CITY or it officials. A "conflict of interest" shall be defined as set forth in Chapter 112, Florida Statutes, as a violation of City policies, or as any employment, consultant work, or other professional activity that will be inconsistent with the duties of CITY ADMINISTRATOR, or that interferes with timely and professional administration of City government, or that is contrary to the interests of the CITY. The CITY ADMINISTRATOR and the CITY agree that in all events, the CITY ADMINISTRATOR shall devote such time as necessary to competently and professionally undertake and complete his/her duties, which may include being called out after hours or on weekends for emergency situations. D. This agreement may be terminated by the CITY at any time for cause upon a 3 / 5 affirmative vote of the CITY COUNCIL. The term "cause" shall be defined from time to time as set forth under Florida law; and may include a violation of any duty or contractual agreement set forth herein, any ground set forth in 3 Chapter 7 of the City Personnel Policies and Procedures, and in all events the failure of the CITY ADMINISTRATOR to perform any of the duties as provided and required by this agreement. Termination without cause shall require a 4/5 affirmative vote of the CITY COUNCIL, as provided by ordinance. Upon a termination for cause or without cause, the employment shall be considered terminated as of the time of the vote, and no further notice of intent to terminate shall be required to be provided to the CITY ADMINISTRATOR. In the event of termination for cause, the CITY ADMINISTRATOR shall receive no severance or dismissal benefit or any other benefit other than earned and unused vacation or compensation as permitted for unused sick leave or annual leave as set out in Chapter 4 of the City Personnel Policies and Procedures as written or hereafter amended. E. The CITY shall have the right for cause as defined, to suspend the CITY ADMINISTRATOR with or without pay. Additional grounds for suspension shall include arrest or information against the CITY ADMINISTRATOR charging him/her with a felony, or any other crime involving moral turpitude. The decision to suspend the length of suspension may be made solely and immediately by the Mayor, but shall be affirmed or denied by majority vote at the next regular or special City Council meeting. F. The rate of compensation paid to the CITY ADMINISTRATOR, effective the date of execution of this agreement, or any extension thereto, unless subsequently modified as provided herein, shall be the sum of fifty-four thousand, four hundred eighty-seven dollars ($54,487.00) annually, with annual increases consistent with employee increases throughout the extent of this contract. Said compensation is to be paid in equal installments every week, subject to standard tax and benefit deductions. 3. Benefits. The CITY ADMINISTRATOR shall receive the following benefits: A. All benefits available to every employee as set out in Chapter 4 of the Personnel Policies and Procedures as 0 written, or as from time to time amended by the CITY COUNCIL. B. The CITY shall provide in its sole discretion a suitable automobile for the use by the CITY ADMINISTRATOR to conduct CITY business, which shall include insurance, maintenance, and fuel. Said vehicle may be used by the CITY ADMINISTRATOR for travel to and form his/her Okeechobee residence, all CITY business and travel as required to perform his/her duties, including use to seminars, conventions, out of town consultants, etc. C. The CITY ADMINISTRATOR shall be provided a private office, and clerical support and such other facilities and supplies suitable to the position, and adequate for the performance of all required duties. D. The CITY will pay the premium for group health insurance for the CITY ADMINISTRATOR, with such plan as may be in effect within the CITY; and long- term disability and life insurance on the life of the CITY ADMINISTRATOR in such amounts as determined by the CITY. E. The CITY ADMINISTRATOR is entitled and encouraged to participate in such General Employees Pension Plan as may be in effect within the CITY or as amended. Alternatively, the CITY ADMINISTRATOR may elect to seek to join a deferred compensation plan, such as the International City Manger's Association (ICMA) plan, which satisfies Federal Internal Revenue Service deferred compensation plan requirements. If the CITY ADMINISTRATOR desires to join such a deferred compensation plan or other qualifying plan, upon reasonable right of review and approval by the CITY which shall not unreasonably be withheld, the CITY shall pay into such plan the same amount or percentage as the CITY would pay into the CITY ADMINISTRATOR's General Employee Pension Plan by payment of such amount into a deferred compensation plan. This negates the CITY's responsibility to pay into the General Employee Pension Plan. 5 F. The CITY ADMINISTRATOR shall be entitled, in the sole discretion of the CITY COUNCIL, to periodic merit or longevity salary increases during the term of his/her employment under the CITY's pay plan in effect at that time. G. The CITY ADMINISTRATOR is entitled to attend, without prior approval of the CITY, all Florida League of Cities annual meetings; International City Managers Association (ICMA) meeting; Florida City and County Management Association (FCCMA) meeting, other similar professional meetings, located within the State of Florida. Other out of State meetings must be approved by the CITY COUNCIL in advance. The CITY shall pay the annual dues of the CITY ADMINISTRATOR to the Florida League of Cities; the Florida City and County Management Association (FCCMA); and the International City/ County Management Association (ICMA). All payments made under this section shall be on a reimbursable basis; provided that receipts and other sufficient documentation have been submitted to the CITY. Mileage, meals and hotel reimbursement shall be at the rate consistent with Section 112.061 Florida Statutes. 4. Termination and Severance. This contract of employment contemplates that the term of employment is annual, and that either party may elect to not renew the term of employment by providing sixty (60) days notice prior to the ending date of the contract. In the event the CITY were to terminate employment of the CITY ADMINISTRATOR at any other time during the contract period without cause, the CITY ADMINISTRATOR shall be entitled to receive severance pay, which shall be his/her salary for a period of three (3) months, which shall mean a sum equal to 1/4 of the annual salary at the time of termination, subject to all standard deductions. In the event the CITY ADMINSTRATOR is terminated for cause; leaves employment in violation of the notice requirements of this contract; or there is not a renewal of the annual contract, then all rights to severance pay are forfeited. All other accrued and unused benefits shall be paid to the CITY ADMINISTRATOR regardless of the manner of separation, as previously set forth. The CITY COUNCIL reserves the right to waive strict compliance to this section upon just C:1 cause, as determined solely within the discretion of the CITY COUNCIL. 5. Residence. As a condition to this employment, the CITY ADMINISTRATOR shall maintain his/her primary residence within Okeechobee County, Florida and to complete such relocation at his/her own expense within one hundred eighty (180) days of the execution of this agreement. 6. General Provisions. A. This agreement shall become effective upon its approval and execution by the last person signing. B. If any article or part thereof contained herein is held to be unconstitutional, invalid, or unenforceable, it shall be deemed severable, and the remainder of this agreement shall not be affected and shall remain in full force and effect. C. The foregoing sets out the full understanding of the parties, subsumes any and all oral understandings or representations of the parties, and shall not be hereafter altered or amended except by further written agreement signed by all parties. D. The CITY ADMINISTRATOR expressly acknowledges that he/she has read and voluntarily signed this agreement, and agrees that no oral agreements or representations; other written promises; side agreements or assurances or other inducements have been made by the CITY, its officials, employees or agents, other than what is specifically contained within the four corners of this written employment contract. Further, the CITY ADMINISTRATOR acknowledges that this agreement has been fully reviewed by him/her; that it is completely understood; that he/she has consulted with private counsel or had the opportunity to do so and voluntarily opted not to do so. E. The parties hereto mutually renounce any rights or claim they may have against the other by agreement or by any statute to claim or collect attorneys fees from the other for claims or litigation arising out of the interpretation or enforcement of this contract. 7 F. This contract shall be construed according to the laws of the State of Florida; and for any claim, action or suit, the parties stipulate that venue therefore shall be at all times Okeechobee County, Florida. G. The CITY ADMINISTRATOR understands and agrees, that for any decision permitted herein by the CITY as it pertains to the performance, suspension, or continued employment of the CITY ADMINISTRATOR, is strictly and absolutely within the sole complete discretion of the CITY COUNCIL, and that CITY ADMINISTRATOR covenants and agrees that he/she absolutely waives, and shall not challenge the exercise of such discretion in any claim, demand, action, suit or proceedings brought by the CITY ADMINISTRATOR due to such decision. IN WITNESS THEREOF, the parties have made and executed this agreement of the respective dates under such signature below, including that of the City of Okeechobee, Florida, acting by and through its City Council, and Mayor who is authorized to execute this agreement on behalf of the CITY, as witnessed by the City Clerk, on this day of .2001. As to the City of Okeechobee: James E. Kirk, Mayor Date: IVV- *44 Bonnie S. Thomas, CMC, City Clerk As to the City Administrator: Bill L. Veach Date: EXHIBIT 7^- *M1tLOCAL AGREEMENT OCTOBER 16 AGENDA THIS AGREEMENT made this day of October, 20011, by and between OKEECHOBEE UTILITY AUTHORITY, hereinafter referred to as OUA, and CITY, OF OKEECHOBEE, FLORIDA, hercinafter referred to as CITY. WITNESSETH: WHEREAS, CITY has reque3ted OUA to join as a co -applicant for a Financial Assistance Award (pant) for fumda to be used to deV910p s 127 acre industrial park on land owned by CITY (the project); and WHEREAS, OUA has consented to And complied with CITY'a request; and WHEREAS, the Economic Development Administration has notified CITY and OUA that a grant is the amount not to exceed $1,200,000 for the above stated purpose has been approved; and WIIEREAS, the parties wisb to set forth their respective responsibilities concerning the duties and responsibilities of complying with the requirements of the grant as apprtsved; NOW, THEREFORE, the parties hereto agree as follows: 1. The above recitals are true and correct. 2. CITY shall have full responsibility for: (a) The construction and development of the industrial park. (b) The submission of all reports, accountings and other ,documentary requiretnant3 of the grant. 3. OUA shall, at CITY'$ request, submit such reports, financial data, or other information required or join with CITY in submitting same in compliance with the requirements of the grant~ 4. If at any time there is a determination made by the Economic Development Administration or any other governmental agency that the project is not beingy and officiently adraininerrd, operated and maintained, resulting in the termination of award of tb.e grant and a demand for repayment, CITY shall be solely responsible for suck: payment unless OUA has caused or otherwise contributed to the conduct causing such termination and demand for repayment. LN wnVBSS WHEREOF the parties have caused thcsc prescnts to be cxecuted by their proper officers thereunto duly authorized the day and year first above written. WITNESSES: As to OLTA As to CITY OKEECHOBEE UTILITY AMMORITY Jack Coker, Chairman Attest: ..�..�— Landon C. Fortner, Jr., Executive Director CITY OF OKEECHOBEE sy James E. Kirk, Mayor Attest, Bonnie S. Thomas, City Clerk • • EXHIBIT 8 N OCTOBER 16 AGENDA S M T W T F 1 2 3 I 4 5 6 7 8 9 10 Regular Council Meeting 11 1 13 14 15 16 17 Veterans Code Day Enforcem't Board Meeting 18 19 20 21 3 24 Thanksgiving Holiday 25 26 27 28 29 30 PB/BOA/ LPA Meetings S M T W T F S 1 2 3 4 5 6 7 8 Regular Council Meeting 9 10 11 12 13 14 15 Code Enforcem't Board Meeting 16 17 18 19 20 21 22 23 4 5 26 27 28 29 Christmas Christmas Eve - Holiday `" .4f 30 31 • 0 m T W T F 113 2 3 4 5 New Years ..... . . . . . . . . 6 7 8 9 10 11 12 Code Enforcem't Board Meeting 13 14 15 16 17 18 19 Regular Council Meeting 20 21 22 23 24 25 26 PB/BOA/LPA Meetings 27 28 29 30 31 N O