1995-10-25 Special Meeting053
1,10 0E OKEECAf
CITY OF OKEECHOBEE
SPECIAL MEETING OF THE CITY COUNCIL
SUMMARY OF COUNCIL ACTION
A. Call Special Meeting to order on October 25, 1995 at 7:00 p.m
B. Mayor and Council Attendance:
Mayor James E. Kirk
Councilmember Noel A. Chandler
Councilmember Michael G. O'Connor
Councilmember Robert Oliver
Councilmember Dowling R. Watford, Jr.
Staff Attendance:
City Attorney John R. Cook
City Administrator John J. Drago
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
C. NEW BUSINESS
1. Discuss building and zoning - Mayor Kirk (Exhibit 1).
Mayor Kirk called the Special Meeting to order on October 25, 1995 at 7:00 p.m.
Deputy Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Absent
Present
Mayor Kirk stated that at the last Council meeting this item was tabled and he would
entertain a motion to remove the issue of the building and zoning department from the
table. Councilmember O'Connor moved to remove from the table the building and
zoning issue; seconded by Councilmember Watford.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
PAGE 1 OF 4
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054
C. NEW BUSINESS
1. Building and zoning department continued.
OCTOBER 25, 1995 - SPECIAL MEETING - PAGE 2 OF 4
Mayor Kirk began by commenting that he felt this proposed Interlocal was a good
compromise between the City and the County and urged the Council to pass it. He then
opened the floor for discussion between the Council.
Councilmember Watford stated if the Council passed this Interlocal it would destroy
what the goal was of the City in 1985 to have one building and zoning department, he
was against that, against the Interlocal presented and commented further that this would
create another bureaucracy. He suggested the Council not pass it, but pay the County
the thirty-five thousand dollars ($35,000.00) each year to run the building and zoning
department and keep it all together.
Councilmember Oliver agreed with Councilmember Watford and stated he would like
to see the County run the department also, since they have the professionals already
hired to do the job.
Mayor Kirk questioned Councilmember's Watford and Oliver, "you want to give the
interpretation of the City's Comprehensive Plan, Land Development Regulations and
Future Land Use Map, and all future planning of the City to someone else?"
Councilmember's Watford and Oliver explained their view points in that the final
approval on all the issues Mayor Kirk listed would still be the City's; and that the City
passes ordinances and adopts procedures that are interpreted by others all the time so
why would the LDR'S be different especially when the County had on staff
professional's.
Mayor Kirk felt that it was the duty of the Council to handle the future growth and
planning of the City.
Councilmember O'Connor stated he was in favor of the proposed Interlocal, he then
moved to pass the Interlocal; seconded by Councilmember Chandler for further
discussion.
055
OCTOBER 25, 1995 - SPECIAL MEETING - PAGE 3 OF 4
C. NEW BUSINESS
Building and zoning department continued. Attorney Cook advised that a section would have to be amended that was pointed out
by Fire Chief Tomey concerning unsafe building codes. The City will have to notify the
County and the County will inspect them and then bill the City for the inspection. The
City could then bill the property owner and recoup some of cost.
Councilmember Chandler removed his second to the motion.
Councilmember O'Connor amended his motion that remained on the floor to adopt
the Interlocal with the amendment concerning unsafe building codes and instruct
Attorney Cook to amend the language as appropriate: seconded by Council -
member Chandler.
Council then discussed that an entire Planning Board and Board of Adjustment and
Appeals would have to be set up. Attorney Cook advised that on behalf of
Councilmember O'Connor's request, he researched if the City Council can serve as the
Planning Board and the Circuit Courts serve as the Adjustment and Appeals Board and
there appears to be a mechanism that would allow this.
Mayor Kirk asked if there was anyone in the audience that would like to address the
Council on this issue. David Hazellief commented that the City should let the County
take care of all of it, especially since the County is only asking for thirty-five thousand
dollars ($35,000.00) because the City could not run it for that amount of money. It
appears to be a savings to the City rather than staffing an office, salary, benefits,
vehicles and other added expenses.
Discussion ensued, Councilmember O'Connor called the question.
056
C. NEW BUSINESS
1. Building and zoning department continued.
ADJOURNMENT - Mayor Kirk
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 be based. A
tape recording of this meeting is on file in the City Clerk's Office.
J
ATTEST:
Bonnie Thomas, CMC
City Clerk
E. Kirk
Mayor
OCTOBER 25, 1995 - SPECIAL MEETING - PAGE 4 OF 4
Vote on motion is as follows:
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:35
p.m.
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MEETING
ABSENT
1).
Z-at 0U
CITY OF OKEEC E
10/25/95 SPECIAL CITY CCI
HANDWRITTEN miff
A. Call meeting to order: ko
B. Mayor & Council attendance: PREOE
Mayor Kirk _
Councilman Chandler _
Councilman O'Connor _
Councilman Oliver _
Councilman Watford
Attorney Cook _
Administrator Drago -
Clerk Thomas _
Deputy Clerk Gamiotea _
C. NEW BUSINESS
1. Discuss building, -and zoning - Mayor mirk
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Cityof Okeechobee
55 S.E. Third Avenue • Okeechobee, Florida
October 11, 1995
MEMO
TO: City Council
FROM: John Cook
City Attorney
RE: Building/zoning department
Gentlemen:
We again met on October 10 regarc
building/zoning department, and present were
John Abney, John Cassels, Joe Crum, Bill Roy
E-1
813/763-3372
.ng the consolidated
myself, Bob Oliver,
e, and George Long..
The proposed interlocal in your paike is the result of
that meeting, and if you recall, would be ons'dered "option 2"
from our discussion at the last council meet�,ng.
To be clear, understand that under this proposal, the two
functions, (1) building permits, construction licensing, and
building related code violations, and (2)'planning and zoning
functions and zoning related code violations, would be totally
separate, with the County handling the first, and the City handling
the second.
The major difference in the operation of the departments under
this new proposal would be that the City must; set up the personnel
and system to conduct the zoning and planning operations, and some
individual or board to hear zoning requests, with an appeal process
built in. All building permit requests with'n he City would be
filed at City Hall on a uniform permit appl4cat'on, whereupon we
would review it for zoning and planning tonsistency with our
regulations and comprehensive plan, and then forward it to the
County for issuance, together with any comments or conditions we
may impose.
The purpose for this type system seems to be the Council's
desire to control not only the creation of our own LDR's and
comprehensive plan documents, but also to pq se s the ability to
interpret and implement our own zoning and planning rules, which
the County would have done under "option 1".'i
Please review the proposed interlocal, d u
October 17, the County will consider it at t eir
Kindest Regards,
pon our review on
next meeting.
INTERLOCAL AGREEMEk
14W
THIS AGREEMENT made and entered into by and
between
OKEECHOBEE
COUNTY, FLORIDA, a political subdivision of the State
f Florida,
by and through its
Board of County Commissioners, hereinafter referred to as
'County",
and THE CITY OF
OKEECHOBEE, FLORIDA, a Florida municipal corporation,
by and through its City
-Council, hereinafter referred to as "City", pursuant to the Flod
da Ititerlocal
Cooperation Act
of 1969 (Section 163.01, Florida Statutes) as of this day
o
1995.
WITNESSETH
WHEREAS, the City has the duty and the power to pi
Dvide
for certain construction,
building and planning services for the residents, businesses
and facilities within its
jurisdiction; and
WHEREAS, the City is desirous of providing service'
at the
most economical rate
possible consistent with state law and sound construction and
pla
ning methodologies; and
WHEREAS, the County and the City have the pa
er
to provide construction,
building and planning services; and
WHEREAS, the County and the City have the power'
t o enter
into agreements with
other governmental agencies within or outside of their respective
boundaries for joint
performance, or the performance by one unit on behalf o
the
other, or any of either
agency's authorized functions; and
WHEREAS, the Municipal Home Rule Powers Act grants
the
City all governmental,
corporate and proprietary powers to enable it to conduct m '
nici
al government, perform
municipal functions, and render municipal services except who
expressly
prohibited by law;
and
WHEREAS, the County and the City have the authoity to enter into agreements
with other persons to undertake to fulfill some or all of their �esp ctive responsibilities for
the provision of planning and building services; and
WHEREAS, on the 15th day of April, 1985, the County arid City entered into an
interlocal agreement and amended said agreement on the 6th', day of January, 1987 ("First
Agreement") for the purpose of providing certain unified constr�lcti tarties;
,building and planning
services to the public for the mutual benefit and efficiency oflthe and
17000-153841
WHEREAS, both the County and the City have adopte
mandated by Chapter 163, Florida Statutes since execution of t
WHEREAS, the County has adopted Land Developi
is in the process of adopting new Land Development Regt
First Agreement; and
WHEREAS, the County and the City desire to enter
Agreement (the "Agreement") which takes into account thi
adopted since the First Agreement as well as which idej
responsibilities of the parties.
NOW, THEREFORE, in consideration of the premises a;
and covenants herein contained, it is agreed by and between the
SECTION I
CONSTRUCTION AND BUILDING St
Comprehensive Plans as
First Agreement; and
Regulations and the City
since execution of the
a new updated Interlocal
inty and City ordinances
the relative rights and
of the terms, conditions
ties hereto, as follows:
1.1 Unified Services THAT there shall continue to bej one unified institution for the
Administration of Construction and Building Related Service. T is institution shall be the
Okeechobee County Department of Planning and Development, C de Compliance Division.
1.2 Unified Building Codes THAT as is more particularly described in Section IV
below, the following standard building codes incorporated by Article VIII of Okeechobee
County Ordinance 92-20 (Land Development Regulations), a amended from time to time,
shall apply to the incorporated as well as unincorporated areas of Okeechobee County:
A. Standard Building Code
The 1991 Standard Building Code as promul e Southern
rwBuilding Code Congress International to etheith Appendices A C
D, F, G, H, J, K and M, as adopted by the Legkslat re of the State of
Florida as the State Minimum Building Code.
B. Standard Plumbing Code
The 1994 Standard Plumbing Code, together v
D, E, F, G, I and J, as promulgated by the
Congress International. In addition, the folloi
created:
Section 407.1.6: A minimum of one (1) ten
shall be provided for one (1) to ten (10) workr
facility shall be provided for each addition
development there shall be a minimum of one
idices A, B, C,
Building Code
ons are hereby
ira portable facility
z. One (1) additional
25 workmen. 'In a
) facility for each five
[7000-153sa]
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(5) lots or within 500 feet of the work area;
existing structures, the required facilities may e
covered, paved walk way not to exceed 50 feet iri
at the discretion of the Building Official and shall
basis.
C. Standard Mechanical Code
The 1991 Standard Mechanical Code, togetheb
promulgated by the Southern Building Code �C,,
D. Standard Gas Code
The 1991 Standard Gas Code, with no appendi
the Southern Building Code Congress Internat
tion 407.2.3: For
essed by use of a
;th. This shall be
on a case by case
appendix A, as
> International.
promulgated by
E. National Electrical Code
The 1993 National Electrical Code as promulgatg d by the National Fire
Protection Association and approved by the American National
Standards Institute and known as ANSI/NFPA70 1990.
F. Standard Unsafe Building Abatement Code.
The 1985 Standard Unsafe BuildingAbatennent
the Southern Building Code Congress Intern
G. Standard Existing Buildings Code.
The 1988 Standard Existing Buildings Code togef
as promulgated by the Southern Building Code C,
H. Standard for the Installation of Roof Covering
The 1985 Standard for the Installation of Roof Co,
Southern Building Code Congress International
promulgated by
i Appendix A,
International.
as promulgated by the
I. Standard Swimming Pool Code. j
The 1991 Standard Swimming Pool Code as p om lgated by the Southern
Building Code Congress International and tlevised by deleting sections
315.2.1.9 and 315.2.2 in their entirety.
J. Standard for Hurricane Residential Construction S
The 1993 Standard for Hurricane Residential olu
promulgated by the Southern Building Code C ngre
used within its limitations as an alternative to me
section 1205 of the Standard Building Code 1 991
construction.) ',
1.3 Code Compliance Director. THAT the Oke
Director as defined in Okeechobee County Ordinance 92-20 slip
of Okeechobee Code Compliance Director with jurisdiction II1
it
[7000-15ss4] 3
TD 10-93.
uction SSTD 10-93 as
s International. (To be
t the requirements of
edition for residential
my Code Compliance
deemed to be the City
any construction
•
codes referenced in section 1.2, above, Okeechobee County,
from time to time and the enabling legislation described in Se
codes relate to construction, additions or renovations of buil,
intent of the parties that codes not referenced in section 1.2, t
City Code Enforcement Board as more particularly desk
Agreement.
1.4 Development Orders. THAT Part 13.05.00 of
Ordinance 92-20 as amended from time to time, shall go
issuance of building permits and development orders in
unincorporated areas of Okeechobee County. Provided howQ
Okeechobee County Ordinance 92-20 shall be administered
City Council as more particularly described in Section II of
1.5 Applications for Building Permits and Developme�
Building Permits or Development Orders in the unincorporal
originate at the County Department of Planning and Devel4
Building Permits or Development Orders within the incorpo
originate at the City Hall and utilize application forms provid
Upon verification by the City that the application complies j
enumerated conditions, will comply with all applicable City z�
laws, it shall transmit the original and one copy of the applica
written transmittal memorandum which indicates the City app
to the County for building code compliance review and issual
1.6 City Development Conditions THAT following M
section 1.5 above, all building permits and development orders
with Okeechobee County Ordinance 92-20, as amended from ti
Codes incorporated into said Ordinance. Where the Cit!
conditions for approval, it shall state those conditions in the tens
will accompany the application package to the County. The inei
those conditions which must be met before a building permit or de,
from those conditions which must be met before the certificate',of
The development order or building permit shall recite the conditic
92-20, as amended
IV below, provided said
and structures. It is the
shall be enforced by the
in Section III of this
13, Okeechobee County
the Administration and
rated as well as
iat Section 13.05.02A of
erson designated by the
greement.
'ers All applications for
-eas of the County shall
nt. All applications for
l limits of the City shall
the City by the County.
or upon satisfaction of
planning and land use
ickage together with a
or conditional approval
the building permit.
pproval as described in
be issued in accordance
time and the Standard
iew process results in
ttal memorandum that
)randum shall separate
lopment order is issued
ccupancy is authorized.
imposed. The County
[7000-153 ] 4
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will not issue a Certificate of Occupancy on a project located
within
the City until it has
been advised in writing by the City that there has been coImpli
nce with the conditions
previously imposed.
1.7 City Fees THAT any review fees charged by the
C
ty shall be in addition to
the standard construction permit fees authorized by County ordinance.
The city shall collect
any fees that it imposes for either development review or impact.
1.8 County Fees THAT the County shall segregate
any charges
presently included
in the construction permit fees that are attributable to a planning
review
or function and no
longer make such charge for construction occurring within the
incorporated
limits of the
City.
SECTION II
PLANNING SERVICES
2.1 Separation of Phmn ng Services That as the City'
Cou
ncil has designated itself
as the City of Okeechobee Local Planning Agency and as the
County
and the City have
dissimilar Comprehensive Plans, Plan Amendment Processes
Subdivision
regulations and
Land Development Codes, it is in the best interest of the parties
that
the City shall perform
its Planning Services for proposed development within the incorporated
limits of the City.
Accordingly, as of the implementation date, the County Pl
nni
g Board and Board of
Adjustments and Appeals shall no longer review applications for
property
located within the
incorporated limits of the City. That as of the implementation!
ate,
the County Department
of Planning and Development shall no longer review or approve
the site plans, zoning,
concurrency, comprehensive plan consistency or the existing
or
proposed land use of
applications for property located within the incorporated limits
of
the City.
22 Intergovernmental Cooperation. Nothing contai
ed
n this section shall be
deemed to waive either party's rights and obligations u'
der
the Intergovernmental
Cooperation elements of the parties' respective Co
of Florida Law.
SECTION III
CODE COMPLIANCE
3.1 Construction Industry. THAT Okeechobee
(Construction Industry Licensing), as amended from time
incorporated as well as unincorporated areas of Okeechobee
or under any provision
ty Ordinance 93-3
shall extend to the
17000-153M) 5
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3.2 Construction Industry Licensing Board. THAT Sections 12.03.01 and 12.03.05
of Article 12, and sections 11.03.02 and 11.03.05 of Artilicle 11, Okeechobee County
Ordinance 92-20 as they relate to the Construction Industry Pcen ing Board shall apply to
the incorporated as well as unincorporated areas of Okeechobee County.
3.3 Separation of Enforcement Activities That as th City Council has previously
established a City Code Enforcement Board and as the Coun and the City have dissimilar
codes and regulations, it is in the best interest of the parties that tt e City shall perform the
majority of its code enforcement activities. Accordingly, as of the implementation date, the
County Department of Planning and Development shall no longer investigate and cite
allegations of ordinance or code violations occurring within the incorporated limits of the
City that do not relate to new construction, addition or renovation to buildings and
structures. Investigation of violations occurring within the incor ors ed limits of the City that
do not relate to new construction, addition or renovation to build ngs and structures shall
be governed by the provisions of Section 3.4, below. The Cout, ty Code Enforcement Board
shall no longer review complaints or citations for persons or property located within the
incorporated limits of the City. This section shall not be construed to eliminate the
jurisdiction of the Construction Industry Licensing Board or th Co le Compliance Director
as otherwise described in this Agreement.
3.4 Existing Unsafe Structures
Investigation of existing structures located within the City wh ch allegedly fail to meet
the standards provided in the Standard Unsafe Building Abatement Code, described in
section 1.2, above, shall be by referral from Okeechobee City Administrator only.
Complaints received directly by the County shall be forwarded to the City Administrator for
determination of whether a referral is warranted. Should the City Administrator determine
either as a result of a complaint or through the City's initiative that there may exist a
structure which fails to meet the standards provided in the Unsa a Building Abatement
Code, the Administrator shall notify in writing the County Code Compliance Director of the
condition. This notification shall constitute a referral by the City and a request that the
County investigate the allegations and take appropriate steps as provided by law to abate
or eliminate the unsafe condition. The City shall reimburse the County for any and all
expenses incurred by the County as a result of the referral including administrative, legal
17000-15ses] 6
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and demolition cost if expended. The County shall keep i
abatement or condemnation action initiated. Provided h
competent jurisdiction enter an order compelling the Co
regard to an unsafe structure within the City, the Couni
expenses described in this section despite the absence of a
SECTION IV
ORDINANCES AND JURISDI6
4.1 Adoption of County Ordinance. That within thirl
date of this Agreement, the County shall hold the require,
Amending Ordinance 92-20 as amended, to extend jurisdictiO
Okeechobee County to the extent described in this Agreemo
4.2 Adoption of City Ordinance. That within thirty (3(
of this Agreement, the City shall hold the required public hi
Ordinance 660, to the extent that it is inconsistent with the i
4.3 Condition Precedent. Approval by both parties of
described herein shall be a condition precedent to the imply
4.4 Existing Interiocal Agreement. The First Agreement 4
of April, 1985 and amended the 6th day of January, 1987 s
I expense records of any
, that should a court of
take some action with
be reimbursed for the
ty
(3) days from the effective
public hearings to consider
to the incorporated areas of
t.
days from the effective date
rin 3,s to consider Amending
len of this Agreement.
ordinance amendments
i of this Agreement.
into on the 15th day
,in in full force and
effect until the implementation date at which time it shall be deemed to be superseded by
this Agreement. Provided however, should both parties not amend their respective
ordinances to permit effective implementation of this Agree en , the notice of intent to
terminate as described in paragraph 9 of the First Agreeme t may be provided by either
party irrespective of the July 1st deadline described in said algreement.
4.5 Due Process. This agreement and the ordinanc+ a endments contemplated
by this agreement, shall be construed to afford due process tM
ordinances. In the event that any right of appeal is remo
governmental functions, the City shall be deemed to have juri
affecting land lying within the incorporated limits of the City,
all
arsons affected by said
the separation of the
to hear said appeals
17ooa.153sa] 7
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SECTION V
MISCELLANEOUS
5.1 Term and Effective Date. The term of this] Int
commence upon the approval by both the Board of County! Coj
Council and shall continue for a term of five years and may t a re
year periods upon approval by both governing bodies.
5.2 Implementation Date; The implementation date sh
5.2 Termination. This Agreement may be terminated
party upon not less than ninety (90) days written notice to the of
5.3 Recording. A completely executed copy of this Inter
filed with the Clerk of the Circuit Court in Okeechobee Cod ty.
5.4 Obligations Obligations under this Agreement are n
County or City. The respective obligations of each party hereto ur
not be an indebtedness within the meaning of any constit tior
ordinance provision or limitation of any party hereto. Neither 4
obligated to pay or cause to be paid any amounts due under this
manner provided herein, and the faith and credit of any part her
payment of any amount due under this Agreement. This Agra em
party hereto to levy or pledge any taxes whatsoever for the ayr
under this Agreement.
5.5 Relationship of the Parties Except as set forth! hers
Agreement shall have any responsibility whatsoever with respect
contractual obligations assumed by the other party and nothirl in
deemed to constitute any party a partner, agent or local represent
or to create any type of fiduciary responsibility or relationship
between the parties.
5.6 Assignment. This Agreement, or any interest h reii
transferred or otherwise encumbered, under any circumstance$, by
prior written consent of the other party.
5.7 Applicable Law. This Agreement shall be constl ueG
laws of the State of Florida.
al Agreement shall
ioners and the City
d for successive five
11 be January 1, 1996.
or any reason by either
er party.
)cal Agreement shall be
)t an indebtedness of the
3er this Agreement shall
al, statutory, charter or
f the parties hereto are
kgreement except in the
:to is not pledged to the
,nt shall not require any
lent of any amount due
in, neither party to this
to services provided or
this Agreement shall be
itive of the other party,
)f any kind whatsoever
may not be assigned,
;iher party without the
in accordance with the
17000.153M] 8
5.8 Construction Should any provision of this A�j
interpretation, it is agreed that the court interpreting or con'
apply the presumption or rule of construction that the terrt
strictly construed against the party which itself or throu
prepared the same, as all parties hereto have participated i
form of this Agreement through review by their respective tl
changes in language in any provision deemed unsuitable or
and, therefore, the application of such presumption or ri
inappropriate and contrary to the intent of the parties.
5.9 Notices All notices, consents, or other Comm'
or otherwise delivered under this Agreement, except cor
relating to specific development orders and permits, shall
delivered either by hand with proof of delivery or certified
postage prepaid, to the parties at the addresses indicated bO
As to County: County Admini;
Okeechobee Cc
304 N.W. 2nd S
Okeechobee, Fl
Attention: Cou
*eentent be subject to judicial
der ng such provision will not
s of this Agreement be more
i its counsel or other agent
i the preparation of the final
gun el and the negotiation of
iad quate as initialer written,
le f construction would be
sic tions required, permitted
sp ndence and transmittals
be in writing and shall be
ail, return receipt requested,
+, FI
rida
t, Suite
106
a 3
072
Adn
iinistrator
With copy to: John D. Cassels, Jt , Esquire
County Attorney
400 N.W. 2nd Stre' t
Okeechobee, Florit a 3 972
As to City: City Administrator,
City of Okeechobee e
55 S.E. 3rd Avenue
Okeechobee, Florida 3 972
With copy to: John R. Cook, Esquire
City Attorney
202 N.W. 5th Avenue
Okeechobee, Florida 3 972
Changes in the respective addresses of the parties may be 11ade from time to time
by either party by notice to the other party given by mail. Notices given in accordance with
this section shall be deemed to have been given five (5) busines5 days after the date of
17000-153M) 9
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mailing; notices and consents given by any other means shall
be
eemed to have been given
when received.
5.10 Incorporation ofAgreements This document so
perseedes
all prior negotiations,
correspondence, conversations, agreements, or understand
ngs
applicable to the matters
contained herein. Accordingly, it is agreed that no deviation
fro
the terms of hereof shall
be predicated upon any prior representations or agreements
whether
oral or written. It is
further agreed that no modification, amendment or alteration
in
the terms or conditions
herein shall be effective unless contained in a written document
executed by the governing
bodies of the parties and filed with the Clerk of the Circuit
out
of Okeechobee County.
5.11 Severability. In the event that any provision o
this
Agreement shall, for any
reason, be determined to be invalid, illegal or unenforceable
i
any respect, the parties
hereto shall negotiate in good faith and agree as to such amer
dments, modifications or
supplements of or to this Agreement or such other appropriate
actions as shall, to the
maximum extent practicable in light of such determination, i1ppler
ient and give effect to the
intentions of the parties as reflected herein, and the other
provisions
of this Agreement
shall, as so amended, modified or supplemented or othe
ise
affected by such action,
remain in full force and effect.
IN WITNESS WHEREOF, the Board of County Comm
ssioners of Okeechobee
County, Florida has caused this Agreement to be executed as
f th
date first above written.
BOARD OF COUNT CO MISSIONERS
OKEECHOBEE COY, FLORIDA
By:
CLIF B
ATTEST:
Sharon Robertson, Clerk, (SEAL)
Board of County Commissioners
APPROVED AS TO
CORRECTNESS:
COUNTY A
Y
AND
17000-153841 10
•
I•
IN WITNESS WHEREOF, the City Council of the City of
Agreement to be executed as of the date first above written.
CITY OF OKEECHOC
By:
JAMES E. KI
ATTEST:
(CORPORAT)
BONNIE S. THOMAS, CMC, CITY CLERK
APPROVED AS TO
CORRECTNESS:
By:
CITY ATTOR
Florida, has caused this
YOR
AND
17000-153M] 11
E-31
OKEECHOBEE CONTRACTORS ASSOCIATION, C.
September 26, 1995
Mayor James E. Kirk
Okeechobee City Council
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, F1. 34974
Re:
P.O. Box 1519
Okeechobee, FL 34973-1519
Telephone:(813) 763-2442
FAX: (813) 763-3042
Interlocal Agreement on Planning & Bui di g Services
Dear Mayor Kirk,
The Board of Directors of the Okeechobee Contractors
Association, Inc. would like to express ouj support of the County
Department of Planning and Development !to continue providing
planning and construction permitting servij es for the citizens of
Okeechobee.
Permitting and licensing is already complicated issue. We
must streamline the process, improve the s rvi es and try to solve
the existing problems. We feel the amended �nterlocal agreement may
be the best avenue for reaching this objed iv .
We will continue to monitor the situ
resolved in the near future. If we can be 01
don't hesitate to contact us.
Cordially,
Tommy Clse, President
Okeechobee Contractors Association
cc: Okeechobee Board of County Commissionei
OCA/cf
tio# and hope it can be
anV assistance, please
rs
TO:
THRU:
FROM:
• � L-ij
CITY OF OKEECHOOEE
MEMORANDU
Mayor and City Council DATE:
SUBJECT: I
John Drago, City Administrator
At the last City Council Meeting, the Mayor asked for a
personnel cost in the advent that the City had to take be
function.
First, I would place the responsibility for that task in the Gei era
and retain the Program Coordinator's position and title with a r
covering planning, zoning, comp plan amendments, code en>< rce
the CORE program. The suggested salary of $29,000 is only $1,C
League of Cities salary survey for a similar position. With tat i
cost for that position would be:
Salary
Fringe Benefits
Total
$291000
7.500
$36,500
This would not cost the City any extra money because the pq
We received a report from the County which indicates that of
County realizes approximately the following in permit fees fr1
1993 - 93 $ 36,593.35
1993 - 94 39,335.09
1994 - 95 37,630.11
Total $113,559.55
Average $ 37,853.18/y
ember 14, 1995
mnel for City
ming Planning &
ig Department
lore detail regarding
Building and Zoning
Services Department
vised job description
lent, purchasing, and
10 short of the Florida
mind, the personnel
i is already budgeted.
three year period, the
IN activities:
•
•
With that figure in mind, there are two ways to approach
Planning and Zoning functions. First, contract with the Coi
The permit holder would pay for the inspection services
adopted the same rate fees as the County) would realize
offset the Program Coordinator's position. .Second, if the
building inspector, that salary, according to the Florida 1
$25,000 per year. That cost would be:
Salary $25,000
Fringe Benefits 6,700
Total $31,700
The building inspector would be basically responsible for insp
building and structures, zoning laws, approval of plans and
code enforcement functions, coordinate the CORE and VAP
requirements of the Southern Standard and Building Code!
offset his/her salary and the $4,160 budgeted for a part tii
reallocated toward the building inspector's position.
The key element is the ability of the City Council to accept a
staff is given more authority to approve things, and the rem
the City Council for approval. As the General Services De
administrative secretary's position budgeted, there would b
the City for clerical support.
JJD:nb
no
ue of accepting the
Inspection services.
Jed. The City (if it
mit fee revenues to
ited to have its own
of Cities, would be
is of new and existing
ifications, perform all
rams and meet other
ie' permit fees would
)de officer would be
nlined process where
would go directly to
ent presently has an
rdditional expense to
n
U
City of Okeechobee
55 S.E. Third Avenue * Okeechobee, Florida
August 22, 1995
MEMO
City Council
re: Consolidated building/planning depart
Gentlemen:
rn
nt
Pursuant to the council's request, I havE
with Councilman Oliver, with representatives
included Joe Crum; John Cassels; Bill Rloyci
Commissioner Abney, to discuss the mute
consolidated building/zoning/planning dep4rtm
•
113/763-3372
met this date along
of the County, who
George Long; and
of continuing a
?nt .
The meeting was lengthy, and consisted of a frank, yet amiable
discussion among those present as to the p obl ms between the City
and County under the present system, and 'hy it must be changed.
All agreed that regardless as to wh4the r
we maintained a
consolidated system, or each maintained our own departments,
certain changes are necessary.
I won't go into detail as to present:,
that we amend our existing agreement. Ho
certain conceptual areas as to the ba�
necessary to create the consolidated depart
agreement in principle on these major areas
work out the many details that will enta
consolidated department.
pr blems which require
ever, we did agree in
is framework we felt
ien . If we can reach an
we can then proceed to
1 the creation of the
Under the proposal, we discussed primarily zoning, planning
and land use issues, as building codes and en orcement are not an
area of dispute. The.basic elements presented are:
1. The sole authority to interpret ai
or future City comprehensive plan, L'DR'
pertaining to building, zoning and plannii
by the County department, under the dire
applicant unhappy with any interpretati
should reach has the ability to appeal
adjustment, and from there, to the Cir
consists presently of two city residents o
could be expanded to consist of three of
d enforce the existing,
r other City codes
g, would be carried out
tioa of Bill Royce. An
n or decision that he
:o he County board of
!ui Court. This board
the seven, and perhaps
he even members.
A � •
Memo
Page 2
August 22, 1995
2. The County board of adjustments wou
land planning agency (LPA) for the City
applications for comprehensive plan amendtnel
evaluated and heard by this board; from t!
then be placed before the City Council for i
our own City Council is also our LPA. Havinj
City and County plan and LDR proposals woul
continuity and co-ordination between the Cil,
This board would also accept a request from
ask that they consider amendments to our t
map, much like our current LDR committee i!
3. The City would provide funds to hi
handle and review City applications or reque
County staff; act as co-ordinator between
these issues; conduct site plan review as
City meetings relevant to such issues; and
man (or woman) for the City in regards b
issues in the County Department. To ass
between the City and County comprehensive
are dissimilar, and to further assure indep
this person would be considered a County emF
direction of Bill Royce. The cost of this
the figure $35,000.00 annually was used fo
•
d ke designated as the
s you recall, all
its and LDR's are first
ter , the matter would
Lna action. At present
on board to hear both
d also lend some
y/ ounty regulations.
the! City if we were to
egu ations or land use
doing.
e a planner, who would
sts in conjunction with
the City and County on
necessary; attend all
generally be the point
Ilding/zoning/planning
ire some co-ordination
plans and codes, which
?nd nce in the process,
loy a working under the
is very tentative, but
illustration.
4. All concerned agreed that while there
differences in the City and County plans or co
amended to be the same in those areas where'd tt
different just for the sake of being differ
unless there is a compelling reason otherwise, c
such as set -backs should be the same for both ci
other examples to be addressed, and ,for those
written with the same requirements, whethe we
City or County regulations, we should chan'e t
will continue to be
des, they should be
lakes no sense to be
ent. For instance,
ertain requirements
)des. There are many
areas that can be
following existing
hem to match.
• I�
Memo
Page 3
August 22, 1995
We also discussed for some time the isue of "control" of the
destiny of the City as it relates to our pl nn'ng and zoning goals.
This concept proposed, while granting the ''con olidated department
the autonomy to conduct the department without interference, does
not take away from the Cit•y's traditionall role of amending its
comprehensive plan and LDR's as needed, land as we always have.
Therefore, the look and direction this Council or future Council's
may desire for City planning and land use is not materially
altered; the interprekation and enforcement of the regulations
would be largely out of our hands. Under thes proposals there is
no question that the City would be dele at'ng a great deal of
authority and control to the consolidated,dep rtment.
However, the general consensus was th
as an "Okeechobee" department; not a Cit;
alternative would likely be that the Cit
department, except inspections and constru
This would require the hiring of the plant
equipment, and a furnishing a vehicle. '
estimate the cost of this, but it would wel
City's contribution to the planner alone <
The final thought by all attending i
department within this rough framework
would discuss these elements prior to proc:
necessary to effect the revamping of t
agreement. The County indicated they woulc
any time deadlines facing us in order tc
either the new consolidated department,
department.
Kindest Regards,
John R. Cook
City Attorney
JRC/ rb
cc: John Drago; City Council
,t this should be viewed
or County entity. The
t take back the entire
!ti n code enforcement.
er, plus support staff,
he administrator could
l e ceed the cost of the
s p oposed above.
as
Wil
!dii
ie
wo
di
)r
that a consolidated
work, and that we
,g to the detail work
present inter -local
:k with us to extend
scuss and implement
our own independent
i' pK
•
. %
m�
CITY OF OKEECH913EE
IC�OR1pP ,i�,
MEMORANDUM
TO: Council Members DATE: October 3, 1995
SUBJECT: Building & Zoning
FROM: James E. Kirk, Mayor
I would like to offer the following compromise to Building & oni g:
1. The City will retain control of its LDR and Como Plan,
including the Future Land Use Map.
2. The County will keep the Building and Zoning functions
that it presently does for the City.
3. The City will have a 3-day turn around time for Ian eview.
4. The City will not oppose an increase in permit f ees if the
County needs additional revenue.
I believe the above is beneficial to both the City and the County, and one that I feel
confident recommending to the City Council.
JEK:nb
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• I�
The previous table lists various responsibilities associated with permitting, code enforcement
and planning and zoning functions. The responsibilities wou d be assigned to either the City
or the County, deperrdirrg on the option chosen by City Council. Several issues require
clarification if the County retains involvement in code enforcement t or permitting issues, and
additional issues require clarification or discussion if the county retains planning and zoning
functions.
If the County retains permitting, planning and code enforcement ent functions, a planner
position would be created that would perform planning, zoning and comprehensive plan
functions for activity in the City. The position would r port to the County Planning
Director, and would be a liaison between the County an Ci staff and City Council.
Funding for the has not yet been determined, but it is possi Ie that the salary and benefits
would be funded by the City, with overhead costs (office sp', ce a id equipment) funded by
the County.
Note that although there are a number of duties and rek pon sibilities associated with
planning and zoning activities, some require daily attention, s me require weekly or monthly
attention, and some activities require attention maybe just few times a year. However,
someone must be available regularly to review permit applic dos for zoning consistency,
to review site plans, and to field questions from the public about
pl nning and zoning issues.
If the County maintains planning and code enforcement fun
be determined include: tion ,several major issues to
1. Land Development Regulations -- whether ther'
volume or separate regulations for the' City an
would
the
be a single, combined
County
2. Code Enforcement -- whether there would bi
whether there would be
separate
or joint staff and
a separate or joint Code
Enforcement
Board.
3. Land Development Regulation Amendments
personnel would prepare amendments.
-- w
nether City or County
4. Local Planning Agency (Planning Board/Board c
If
f Adjustments
and Appeals)
the City performs planning and zoning functio
s, the
City likely would need
to create a Planning Board/Board of Adjustments
also function as the Local Planning
and
Appeals, which could
Agency. O,
be joint city/county. In the County, the LPA, PI
er
nui
ise, these boards could
g Board and Board
Adjustments and Appeals are comprised of the
ame
of
people.
5. Comprehensive Plan -- whether City or County pe sonnel would prepare
amendments. If the county assumes responsibility fort re City Comprehensive
Plan, it is recommended that the future land use map ihould be reviewed and
amended to better reflect existing conditions and to better provide for future
development.
5
•
6. Delegation of authority for interpreting and
regulations and comprehensive plan.
If the City assumes responsibility for planning and zoning
permit applications for consistency with City land develo
would not charge for the zoning review portion of permit apl
it is projected that it will cost the county about $11.60 to revio
for consistency with zoning, or about $7,420 for the yea
attributable to activity in the city for FY 1995-96 are projecte�
balance funding construction plans examination, inspection.,
total cost to the county for permitting activity in the City is
with the current permit fee schedule.
Revenues of about $7,900 are projected from other ci
functions, such as fees for site plan review, rezonings,
miscellaneous charges. This does not include any f
comprehensive plan amendments. Total revenues for plan.
are thus projected to be about $15,320.
City land development
ons, including review of
regulations, the County
in fees. For FY 1995-96,
1 City permit application
tal permitting revenues
about $51,600, with the
permit processing. The
ted to be about $75,000
;d planning and zoning
l exceptions, and other
t may be charged for
ated activities in the city
.7
DKEMORANDUM
TO: Mayor and City Council
THRU= John Drago C.A.
THR.U:
FROM: Chief Tomey40
50"'
DATE: October 11,
SUBJECT:
1995
la"g Department
I would like to clarify one item which the council needs to understand if you were to turn
everything over to the county. All building plans will still have to come over to the City; the
Florida Statutes state that the fire official must approve building! plans for fire code compliance.
This also includes all repair or remodeling of certain types of uild ngs within the city.
After the last council meeting, with all that was said p rtai ing to the Planning and
Building Department, there seems to be some confusion about w o h d to be certified and who
did not have to be certified. I would like to attempt, at this time, to explain to you the way I
perceive it should be done.
The word " Plan Examiner", is being misunderstood by
A Plans Examiner that would examine site plans for the
regulations does not have to be certified by the state of Florida.
Mann whf%co
Regarding code enforcement pertaining to trash, over !
violations of LDR's, violations of zoning, etc., the enforcement
be certified by the State of Florida.
A code official or building official, who inspects building col
electrical, plumbing, framing, roofing, etc. will need to be certl
enforces.
If the City Council wants to maintain the interpretation
include zoning and site plan along with the building design. The
memorandum from the Mayor and the second choice from
Councilman Oliver to come up with working solution.
it is being presented.
Examiner for b_ uilding
tation, junk vehicles,
this does not have to
codes that includes
city LDR's, it should
Council should use the
Iocument supplied by
If the City Council does not want to maintain the interp
as stated in the above paragraph, then you should use the first
by councilman Oliver.
The site plans, LDR's, and zoning should be
government entity for better service to the citizens.
If you decide to keep the planning department in
another step in the process for a city resident to obtain a pe
the step from Bill Royce's office to the city's staff.
In closing I would like to say I hope this memorandum
who does have to be certified and who doesn't have to be certi
the City Council makes and see that it goes as smoothly as po;
i portion of the city LDR's
on the document supplied
by one person or one
you would not be adding
would only be transferring
clear up the confusion of
will support any decision