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1998-10-20 Regular MeetingCITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER: - Mayor: October 20, 1998, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Chaplin 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 Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R, Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S, Lane Gamiotea IV. MINUTES- City Clerk. Mayor Kirk called the October 20, 1998 Regular City Council Meeting to order at 6:00 p.m. Chaplin Sanchez offered the invocation; Mayor Kirk led the pledge of allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present PAGE 1 OF 5 A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the Regular Meeting of October 6, 1998. Regular Meeting of October 6,1998; seconded by Council Member Markham. There being no discussion on this item, the vote was as follows: KIRK - YES CHANDLER- YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. V13 f VW OCTOBER 20,1998 - REGULAR MEETING - PAGE 2 OF 5 V. WARRANT REGISTERS- City Administrator. A. Motion to approve the September 1998 Warrant Registers in the Council Member Watford moved to approve the Warrant Registers for September 1998 in the amounts, General Fund amount of General Fund $220,187.23 and Public Facility two hundred twenty thousand, one hundred eighty-seven dollars, twenty-three cents ($220,187.23) and Public Facility Improvement Fund $96,459.87. Improvement Fund ninety-six thousand, four hundred fifty-nine dollars, eighty-seven cents ($96,459.87); seconded by 11 Council Members Oliver and Markham. There being no discussion on this item, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on Mayor Kirk asked whether there were any requests for additions, deferrals or withdrawals of items on today's agenda. today's agenda. III There were none. VII. NEW BUSINESS. A.1. a) Motion to read by title only and set November 3,1998 as a public Council Member Watford moved to read by title only and set November 3, 1998 as a public hearing date for proposed hearing date for proposed Ordinance No. 722 Rezoning Petition Ordinance No. 722, Rezoning Petition No. 98-002-R, Lots 7 to 12 in Block 169 of the City of Okeechobee Subdivision No. 98-002-R, Lots 7 to 12 in Block 169 of the City of Okeechobee from Commercial Business District to Commercial; seconded by Council Member Oliver. There being no discussion Subdivision from Commercial Business District to Commercial - on this item, the vote was as follows: City Attorney (Exhibit 1). A.1. b) Vote on motion to read by title and set public hearing date. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. ___4 (015 OCTOBER 20,1998 - REGULAR MEETING - PAGE 3 OF 5 VII. NEW BUSINESS CONTINUED. A.1. c) Attorney Cook to read proposed Ordinance No. 722 by title only. Attorney Cook read proposed Ordinance No. 722 by title only as follows: "An Ordinance of the City of Okeechobee, Florida amending the Official Zoning Map of Okeechobee by Rezoning a certain tract of Land more particularly described herein, from CCBD, Central Business District Commercial to C, Commercial Districts, amending the 11 Zoning Map accordingly, Providing for Conflicts, Severability and an Effective Date." A. 2. a) Motion to approve the first reading of proposed Ordinance No. 722• III Council Member Oliver moved to approve the first reading of proposed Ordinance No. 722; seconded by Council Member Chandler. A. 2. b) Discussion. There was a brief discussion between the Council and Attorney Cook concerning the issue that this rezoning was submitted prior to the new land development regulations effective date. Therefore, the old zoning ordinance would be the guideline to follow regulating this particular rezoning request. However, should the owner decide to make any changes in the future, they would then follow the new regulations. A. 2. c) Vote on motion to approve first reading. Mayor Kirk asked whether any one from the public had any questions or comments. There were none. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. B. Motion to adopt proposed Resolution No. 98-14 recognizing City Council Member Watford moved to adopt proposed Resolution No. 98-14 recognizing City Government Week; Government Week - City Administrator (Exhibit 2). seconded by Council Member Markham. Attorney Cook read proposed Resolution No. 98-14 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 18.24, 1998, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES." KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. to` 1* OCTOBER 20,1998 - REGULAR MEETING - PAGE 4 OF 5 Mi. NEW BUSINESS CONTINUED. C. Discuss proposed amendments to Chapter 8 Health and Council Member Chandler explained that historically the Code Board has put liens on property that was in violation of Beautification of the City Code Book regarding nuisance City Codes and by the time anything can be done (to correct a violation), the property owner relocated. If the Council regulations - Council Member Chandler/City Attorney (Exhibit 3). adopted these revisions, (Re: Exhibit 3), to Chapter 8 of the Code Book, we could start getting more accomplished. Council Member Chandler continued that he had served on the Code Board for a couple of years and there are several property owners that just ignore liens totally. He explained he felt that once we get this in place they will quit ignoring liens. This (Re: Exhibit 3), gives us the mechanism to send the notice of violation and if the property owner chooses to ignore it, we can clean it up ourselves, send the property owner a bill, if they do not pay it, place it on their taxes, should they not pay their taxes, we can foreclose on the property. Attorney Cook confirmed that the City can do that. He stated, however, that he amended all this, (Re: Exhibit 3), that Council Member Chandler had given us from Dr. Ware. The Clerk's Office will have that, (Ordinance amending Chapter 8 of the Code), for you at the next meeting and it is not one hundred percent complete, but it does have quite a bit more detail than this memorandum. Attorney Cook continued, the Florida Statute Chapter 162 is a little cumbersome because it takes so long to get a case before the Board and for some action to kick in. As Council Member Chandler said you have liens running and the right to foreclose, but again that is just a time consuming process that we have not had real good results with. Chapter 162 has been amended and while researching this, found it now provides that if the Code Enforcement Officer feels the code violation is substantial enough, and there is some definitions on that, he/she can actually set a quick code meeting on a very, very short notice, you do not have to go through the process of taking sixty days like you do now. The statute itself now provides that the City can make repairs or correct the problem itself, and then charge the land owner. He continued, that the ordinance amendment he has drafted for consideration is sort of a combination of the two that supplements Chapter 162 research and there is a recent court case in the City of Venice (where) the City was challenged on this issue and won. Basically the court outlined what it takes to create a valid ordinance in this area and cities certainly do have the authority to not only require these nuisances be cleaned up but also to charge attorney fees, court costs, whatever it takes, materials, labor to get these things straightened out and to place a lien on the property for that You can also get a court order to stop a nuisance. One area that is pretty touchy or risky for the City is and it is in the document, (that he prepard), is called abatement. That will tell you where the City, because the situation is so serious for public health, safety or welfare feels it is in imminent danger, would give the land owner a courtesy notice like a phone call or letter stating the City will go onto the property this afternoon and do something to it, (resolve the offense). Entering private property and possibly causing damage or moving something on the property can leave the City open to liability. So, its an area that the City would not probably use except for emergency. OCTOBER 20,1998 - REGULAR MEETING - PAGE 5 OF 5 t� VII. NEW BUSINESS CONTINUED. C. Discuss proposed amendments to Chapter 8 Health and Beautification of the City Code Book regarding nuisance regulations continued. D. Discuss appointing City Citizen Boards - City Administrator (Exhibit 4). 1. Planning Board (also known as Local Planning Agency). 2. Board of Adjustment 3. Code Enforcement Board. 4. Design Review Board. VIII. ADJOURN REGULAR 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. ATTEST: JAMES . KIRK, MAYOR F,_ BONNIE & TH kAS, CMC, CITY CLERK Council Member Watford asked, is it still handled through the Code Board? Attorney Cook responded, yes and it still allows for procedures for the owner to be heard. No official action was taken on this item, Council will be presented with a proposed Ordinance at the next meeting with the new revisions for Chapter 8 of the Code Book. Council discussed the criteria of the board members at length and after discussion, directed Attorney Cook to research whether there were any stipulations in the Florida Statutes regarding specific residency requirements, etc., of citizens in order for one to be appointed to serve on the CiWs Board of Adiustment. Once he has researched It, he is to provide that information to Clerk Thomas so she will know how to structure the advertisements seeking board member applicants The City will need at lease eleven people to serve on the citizen boards, two of which will serve as alternates to the already established Code Enforcement Board. There being no further items on the agenda, Mayor Kirk adjourned the regular meeting at 6:35 p.m. 0 • CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES I. CALL TO ORDER: r' (a\n_ Kent called the Oct 6, 1998, City Council Regular Meeting to order at V II. OPENING CEREMONIES: Invocation offered by �V L w C tiz Pledge of Allegiance led by f-VR III. MAYOR, COUNCIL AND STAFF ATTENDANCE PRESENT ABSENT Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of October 6, 1998; seconded by Council Member �_m DISCUSSION: V. WARRANT REGISTERS- City Administrator. A Council Member F)LO moved to approve thec6e�tember 1998 arrant Registers?J'n the amounf6f General Fund $220,187.23 and Public Facility Improvement Fund $9=T; seconded by Council Member 13 L rn DISCUSSION: V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. • • VII. NEW BUSINESS. A. 1. a) Council Member � moved to read by title only and set November 3, 1998 as a public hearing date for proposed Ordinance No. 722 Rezoning Petition No. 98-002-R, Lots 7 to 12 in Block 169 of the City of Okeechobee Subdivision from Commercial Business District to Commercial -City Attorney (Exhibit 1); seconded by Council Member Aif", b) Vote on motion to read by title and set public hearing date. c) 2. a) Council Member 6C moved to approve the first reading of proposed Ordinance No. 722; seconded by Council Member Jul , b) Discussion. Liu.) - c) Vote on motion to approve first reading. VII. NEW BUSINESS CONTINUED. • B. Council Member moved to adopt proposed Resolution No. 98-14 recognizing City Government Week - City Administrator (Exhibit 2); seconded by Council Member Un Attorney Cook read proposed Resolution No. 98-14 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 18-24,1998, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES." DISCUSSION: C. Discuss proposed amendments to Chapter 8 Health and Beautification of the City Code Book regarding nuisance regulations - Council Member Chandler/City Attorney (Exhibit 3). A21 Cut CA- ch), ham_ nr � c°cam v d Clice����Q� �.� VII. NEW BUSINECONTINUED. • D. Discuss appointing City Citizen Boards - City Administrator (Exhibit 4). �. Planning Board (also known as Local Planning Agency). 4: - 1 ,c , C 2. Board of Adjustment. h���� � � .� C�.� C�,C�� ✓tom ���- '� i�2��n1 � 3. Code Enforcement Board. 4. Design Review Board. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES � � CALL TO ORDER: called the Oc 1998 City Council Regular Meeting to order at II. OPENING CEREMONIES: Invocation offered by_,�� -= Pledge of Allegiance led by/ III. MAYOR, COUNCIL AND STAFF ATTENDANCE PRESENT ABSENT Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Council Member , _ moved to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of October 6, 1998; seconded by Council Member DISCUSSION: V. WARRANT REGISTERS- City Administrator A. Council Member / moved to approve the September 1998 Warrant Registers in the amount of General Fund U20,187.23 and Public Facility Improvement Fund $96,459.87; seconded by Council Member i DISCUSSION: V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. NEW BUSINESS. moved to read by title only and set November 3, 19as a public �kA. 1. a) Council Member I hearing date for proposed Ordinance No. 722 Rezoning Petition No. 98-002-R, Lots98 7 to 12 in Block 169 of the City of Okeechobee Subdivision from Commercial Business District to rommercial - City Attorney (Exhibit 1); seconded by Council Member b) Vote on motion to read by title and set public hearing date. C) 2. a) b) Discussion. Y 71 C) Vote on motion to approve first reading. VII. NEW BUSINESS CONTINUED. B. Council Member moved to adopt proposed Resolution No. 98-14 rec-,pgnizing City Government Week - City Administrator (Exhibit 2); seconded by Council Member Attorney Cook read proposed Resolution No. 98-14 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 18-24,1998, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES." DISCUSSION: F*""""""""� C. Discuss Proposed amendments to Chapter 8 Health and Beautification of the City Code Book regarding nuisance regulations Council Member Chandler/City Attorney (Exhibit 3). AL 4L 3 • • VII. NEW BUSINESS CONTINUED. D. Discuss appointing City Citizen Boards - City Administrator (Exhibit 4) Planning Board (also known as Local Planning Agency). Board of Adjustment. 3. Code Enforcement Board. 7, 4. Design Review Board. ---------- Iz- CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 of 3 I. CALL TO ORDER: - Mayor. October 20, 1998, City Council Regular Meeting, 6:00 p.m. . II. OPENING CEREMONIES: Invocation offered by Chaplin Wismael Sanchez; Pledge led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas • Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of October 6, 1998. V. WARRANT REGISTERS- City Administrator. A. Motion to approve the September 1998 Warrant Registers in the amount of General Fund $220,187.23 and Public Facility Improvement Fund $96,459.87. OCTOBER 20, 1998 - CITY COUNCIL AGENDA - PAGE 2 OF 3 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. NEW BUSINESS. A. 1. a) Motion to read by title only and set November 3, 1998 as a public hearing date for proposed Ordinance No. • 722 Rezoning Petition No. 98-002-R, Lots 7 to 12 in Block 169 of the City of Okeechobee Subdivision from Commercial Business District to Commercial - City Attorney (Exhibit 1). b) Vote on motion to read by title and set public hearing date. c) City Attorney to read proposed Ordinance No. 722 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 722. b) Discussion. c) Vote on motion to approve first reading. B. Motion to adopt proposed Resolution No. 98-14 recognizing City Government Week - City Administrator (Exhibit . 2). C. Discuss proposed amendments to Chapter 8 Health and Beautification of the City Code Book regarding nuisance regulations - Council Member Chandler/City Attorney (Exhibit 3). OCTOBER 20, 1998 - CITY COUNCIL AGENDA - PAGE 3 OF 3 VII. NEW BUSINESS. D. Discuss appointing City Citizen Boards - City Administrator (Exhibit 4). 1. Planning Board (also known as Local Planning Agency). 2. Board of Adjustment. 3. Code Enforcement Board. 4. Design Review Board. VIII. ADJOURN REGULAR 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. • • EXHIBIT 1. OCT 20 AGENDA ORDINANCE No. 722 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CCBD, CENTRAL BUSINESS DISTRICT COMMERCIAL TO C, COMMERCIAL DISTRICTS, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of approximately 0.93 acre(s), said land being more particularly described hereinafter, from CCBD (Central Business District Commercial), to C, (Commercial Districts), which requests that this approximately 0.93 acre(s) tract be removed from the boundaries of the above mentioned zones to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised zoning map as hereinafter set forth: Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to -wit: Lots 7, 8, 9, 10, 11 & 12 of Block 169, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, of the public records of Okeechobee County, Florida. Parcel Identification Numbers: 3-15-37-35-0010-01690-0070 3-15-37-35-0010-01690-0090 3-15-3 7-35-0010-01690-0110 SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City shall be amended accordingly. SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY 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 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. Page 1 of 2 Introduced for first reading and set for final public hearing on this 20`h day of October, 1998. ATTEST: James E. Kirk, Mayor Bonnie S. Thomas, CMC, City Clerk Passed and adopted after second reading and final public hearing this 3 r d day of _November , 199 g ATTEST: Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICENCY: Jorm R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 RESOLUTION NO. 98-14 EXHIBIT 2 OCT 20 AGENDA A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 18-24, 1998, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES. WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through the variety of different projects and information; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW THEREFORE BE IT RESOLVED BY THE CITY OF OKEECHOBEE AS FOLLOWS: SECTION I. That the City of Okeechobee does encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly. SECTION 2. That the City of Okeechobee does encourage educational partnerships between city government and schools. SECTION 3. That the City of Okeechobee does support and encourage all city governments to actively promote and sponsor "Florida City Government Week." INTRODUCED AND ADOPTED this 20th day of _October, 1998. ATTEST: Bonnie Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 1 of 1 • • Sample Resolution Florida City Government Week A RESOLUTION OF THE CITY OF RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 18-24, 1998, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES. WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE BE IT RESOLVED BY THE CITY OF AS FOLLOWS: Section 1. That the City of does encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly. schools. Section 2. That the City of does encourage educational partnerships between city government and Section 3. That the City of does support and encourage all city governments to actively promote and sponsor'Tlorida City Government Week." PASSED AND ADOPTED by the City of EXHIBIT 2 — OCT 20 AGENDA RESOLUTION NO. 98-14 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 18-24, 1998, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES. WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through the variety of different projects and information; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW THEREFORE BE IT RESOLVED BY THE CITY OF OKEECHOBEE AS FOLLOWS: SECTION I. That the City of Okeechobee does encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly. SECTION 2. That the City of Okeechobee does encourage educational partnerships between city government and schools. SECTION 3. That the City of Okeechobee does support and encourage all city governments to actively promote and sponsor "Florida City Government Week." INTRODUCED AND ADOPTED this 201h day of October, 1998 . ATTEST: Bonnie Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 1 of 1 • itv of Okee MEMORANDUM TO: Mayor and Council Members FROM: Bonnie S. Thomas, City Clerk EXHIBIT 3 — OCT 20 AGENDA Office of City Clerk & Personnel DATE: October 15, 1998 SUBJECT: Nuisance Regulations In the first draft of the Land Development Regulations there was a provision for nuisance regulations. While Dr. Ware was working with the Citizen Advisory Committee on the LDR's he found the regulations in the LDR's conflicted with the ordinance that was in effect under Chapter 8 of the City Code Book. Dr. Ware's recommendation was to delete any reference to nuisance regulations in the LDR's and amend the current ordinance as outlined in the attached memorandum. Council Member Chandler brought this memorandum to Administrator Bradshaw's attention. If Council wishes to implement these amendments Attorney Cook would need to draft any ordinance for Council consideration. Please refer to Chapter 8 of the Code Book for the current language regarding nuisance regulations. Thank You!! /Ig-memos\m&c.37 • OHN WARE PW, Noes, AICP 1030 US Highway One, Ste 414 North Palm Beach, FL 33408 phone: 407. 694 2157 MEMORANDUM 3 To City Council Members, City of Okeechobee From John Ware, Planning Consultant to Citizen's Advisory Committee Members Subject Review of Chapter 8 Health and Beautification Date July 8, 1996 Chapter 8 Health and Beautification I have reviewed the City of Okeechobee Health and Beautification regulations and the Nuisance regulations eliminated from the draft LDR's and have the following comments. Sec.8.1 Definitions "Abandoned property" is generally defined as wrecked or derelict property having nominal salvage value, which has been left abandoned and unprotected from the elements and includes motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture and any other similar article which has nominal salvage value and which has been left abandoned and unprotected from the elements. Sec. 8.4 Dumping, depositing, leaving on or near street. Subsection (c) states: "(c) Nothing herein shall require the removal of ... abandoned property" As all land in the City is "near a street", this may be interpreted to mean that owners and tenants do not have to remove abandoned property from their premises. This may undercut the usefulness of the entire Chapter 8. Sec. 8.7 Applicability of state laws. This section states that "...the provisions of Section 403.413, Florida Statutes, also known as the "Florida Litter Law", ... is hereby ... incorporated by reference herein." It does not state in Section 8.7 the person designated by the City to administer the Florida Litter Law. Sec. 8.9 Abandoned property on public property. Subsection (c) states " ...The city's code enforcement officer shall supply the Department of Natural Resources with a list of persons whose boat registration privileges have been revoked....". Neither the city nor the state have a Department of Natural Resources. ,ROHN WARE PhD, NCARB, AICP Memorandum 2 City Council July 8, 1996 page 2 Sec. 8.10 Public nuisances. This section defines a public nuisance as "The existence of excessive accumulation of litter or untended vegetation, garbage, weeds, or other dead or living plant life; or stagnant water, including but not limited to abandoned property, and all other objectionable, unsightly or unsanitary matter...." and states that as such they are prohibited and declared to be a public nuisance and unlawful. Section 771 of the Nuisance Regulations deleted from the City's draft LDR's covered seven categories of nuisances as follows: 1 Nuisance Vegetation 2 Trash 3 Inoperable Machinery or Household Goods 4 Derelict Building or Structure Derelict or abandoned dwelling, mobile home, manufactured home, recreational vehicle, trailer, building or structure. . 5 Uncompleted Structure Partially erected building or structure upon which there has been no construction for in excess of one year and where there exists no valid building permit or development order. 6 Noncompliant Structure 7 Noncompliant Sign Chapter 8 regulates nuisance vegetation, trash, inoperable machinery or household goods. City Council may wish to consider amending Chapter 8 to include regulations covering derelict buildings or structures, and uncompleted structures. Abatement of Public Nuisances By City. Chapter 8 does not have a method of enforcing the abatement of public nuisances by the City, and charging the owners of property in violation for the clean up costs. City Council may wish to consider amending Chapter 8 to include regulations covering the determination that conditions on a property constitute a public nuisance and should the owner fail to abate the nuisance within a reasonable time then the City will undertake the clean up and assess the owner for the cost. The following draft indicates one way how Chapter 8 might be amended: • WHN WARE PhD, NCARB, AICP Memorandum 2 City Council July 8, 1996 page 3 Section 8. 10.1 ABATEMENT OF NUISANCE BY CITY (a) Conditions Precedent Following citation or appearance of the property owner before the Code Enforcement Board, should the City Administrator determine that the subject property still constitutes a nuisance he shall notify the owner as such. Should the owner fail to abate the nuisance within the allowed time the Enforcement Officer, through an agent or authorized contractor, is, authorized to enter the property and take steps as are necessary to effect abatement. (b) Assessment of Costs After abatement the costs, plus an amount equal to such cost to defray administrative and operating expenses for abating the nuisance, shall be calculated and reported to City Council. Such charges are hereby declared to be necessary for the purpose of enforcement of this regulation. Thereupon the City Council by resolution shall levy a special assessment lien in the amount of such costs. Such assessment shall become due and payable to the City as of the date of mailing to the owner. Thirty days after mailing interest shall begin to accrue at the rate of 12 percent per annum on any unpaid part thereof. (c) Notice of Resolution The Enforcement Office shall mail a copy of the resolution to the property owner. (d) Recording of Resolution and Lien A certified copy of the resolution shall be recorded in the County records with the clerk of the circuit court. The lien shall become effective as of the date of recording. (e) Effect of Lien The property lien shall become effective as of the date of recording. Such assessment and interest may be enforced by civil action, including foreclosure in County court. The lien shall continue in force until discharged by satisfaction or foreclosure. • • EXHIBIT 4 — OCT 2 O AGENDA it of Okeechobee office of City Clerk & Personnel MEMORANDUM TO: Mayor and Council Members DATE: October 15, 1998 FROM: Bonnie S. Thomas, City Clerk SUBJECT: Appointment of Citizen Boards be by As discussed at the last Council meeting, the citizen excerptoards will need s from the LDR's� egardp g C t� en the City Council. We have prepared for you, Boards. Please note there are 4 boards to be appointed and when possible the membership shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons. The Planning Board will require 7 members and 2 alternates to serve for overlapping terms of 3 years. The composition of the Board of Adjustment shall adhere to the recommendations of the state building code when possible. The Planning Board and Board of Adjustment members may serve jointly. The current Code Enforcement Board is already established with 7 members, however, they do not have any alternates members appointed and you may want to address that. The last board is the Design Review Board which shall consist of at least 7 members and 2 alternates. You do not have to appoint this board at this time, only if you wish to implement the Building Design Guidelines d wou d Commercial interchangeable withDlanother one. ict. It is t spelled out as to whether or not this boa Thank You! /Ig-memos\m&c.3$ • u 155 CITIZEN BOARDS The following shall apply to all Citizen Boards, including the Planning Board, Board of Adjustment, and any other Board comprised of citizens appointed by the City Council. Qualifications of Members No member or alternate member of a Citizen Board shall be an employee of, or hold any elective position or office in the government of the City. C' auncil may appoint any or all of the mwftns I am "on the Planning Board and the Board 4f Members shall be appointed from among persons in a position to represent the public interest, and shall be residents of the City or County. Alternate Members Two alternate members shall be appointed to each Board. Such alternate shall attend all meetings and fully participate in Board discussions and deliberations to the point of voting. Should any permanent member be absent, the chairperson shall declare the alternate to be a voting member for the duration of the meeting. Vacancies Vacancies in any Board membership shall be filled by appointment of the City Council for the unexpired term of the member affected. It shall be the duty of the chairperson of each Board to notify the Mayor within 10 days after a vacancy shall occur among the members or alternate member. 4 Removal Members of a Board may be removed from office by a majority vote of the City Council. 5 Sunset Terms of Board members who are due to retire shall expire on April 30th of each year. Compensation Members of Boards shall receive no salaries for service on the Board, but may receive actual and necessary expenses incurred in the performance of their duties, as may be set from time to time by City Council. 156 CITIZEN BOARD OFFICERS AND RULES OF PROCEDURE Officers and Voting Each Citizen Board shall select a chairperson and vice chairperson from among its members and may create and fill such other offices as it may determine. All voting members of a Board shall be entitled to vote in matters before that Board. 2 Rules of Procedure Each Board shall adopt rules of procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provision of law and these Regulations. Such rules shall be available in written form to the public. -8- BOARDS 3 Board Meetings Meetings shall be held at least once each month on a day to be determined by the Board, and at such other times as the Board chairperson may determine. Meetings that are not regularly scheduled shall not be held without at least 3 days notice to each member. All meetings shall be public meetings. Each Board shall have the power to take testimony under oath and compel the attendance of witnesses. 4 Quorum and Voting A quorum for the transaction of business shall consist of 4 Board members. Concurring votes of 3 members shall be necessary to reverse any order, requirement or decision of the Planning and Zoning Director/Building Official, or decide on any matter upon which it is required to pass under these Regulations. 5 Minutes, Public Records Each Board shall keep minutes of its proceedings showing the vote of each member, or if absent or failing to vote indicating such fact. The Board shall keep records of its actions, which shall be a public record and filed immediately in the City Clerk's office. Disqualification of Members If a member of a Board finds that their personal interests are involved in the matter coming before the Board, they shall disqualify themselves from participation in that case. No Board member shall appear before the City Council or any Board established in these Regulations, as an agent or attorney for any person in a matter involving planning, zoning or these Regulations. 7 Professional and Financial Assistance Each Board may be provided by the City with such professional and financial assistance as may be necessary to enable the Board to perform the functions assigned by these Regulations. 157 KA G BOARD Establishment and Composition There is hereby established a Planning Board which shall consist of T members and 2 altern ffi w' i^► Council. Members shall serve for overlapping terms of 3 years. Membership of the Board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons. 2 Planning Board Powers and Duties The Planning Board shall function as an advisory body making recommendations to the City Council, and shall have the following powers and duties: a Local Planning Agency. Pursuant to and in accordance with the Logal'Government Comprehensive Planning and Land Development Regulation Act, 06viW iBoa is hereby may. b Regulations Amendment. To hear petitions for changes in these Regulations, and to make recommendations to the City Council. BOARDS -9- Rezoning. To hear petitions for zoning district boundary changes in these Regulations, and to make recommendations to the City Council. d Subdivision Plats. To review and make recommendations to the City Council on preliminary subdivision plat submissions. To make recommendations to the City Council on acceptance of dedicated land. To make recommendations to the City Council of findings precedent to reversion of subdivided land to acreage. e Site Plans. After reviewing recommendations by the Technical Review Committee, to determine whether specific proposed developments conform with the requirements of these Regulations. Temporary Use Permit. To hear petitions for temporary use permits as authorized in these Regulations. g Other Planning and Zoning Matters. To perform other duties as City Council may specifically assign, including: • To recommend to City Council principles, policies, regulations promoting orderly City development. • To determine whether specific proposed developments conform to the requirements of the Comprehensive Plan and these Regulations. • To conduct such public hearings to gather information necessary for maintenance or the Comprehensive Plan and these Regulations. • To inform and advise City Council on these and other matters as specifically assigned. 158 'WAR0 OF AAAW ANT Establishment and Composition There is hereby established a Board of Adjustment. The " : Sidon of c�embershi sh�N adhere to the rec sof the state building c posit ►y Co uncii:Vlembers shall serve for overlapping terms of 3 years. embership of the Board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons. 2 Powers and Duties The Board of Adjustment shall have the following powers and duties: a Administrative Review. To hear and decide an appeal of an administrative decision when it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of these Regulations. b Variance. To hear and decide petitions for a variance from the terms of these Regulations as will not be contrary to the public interest, where owing to unique physical conditions a literal -10- BOARDS enforcement of the provisions of these Regulations would result in unnecessary hardship. Self created problems and economic hardship are not grounds for granting a variance. c Special Exception Use. To hear and decide only petitions for a special exception use specifically listed under the zoning districts in these Regulations. To decide such questions as are involved in determining whether a special exception use should be granted, and to grant a special exception use with such conditions and safeguards as are appropriate under these Regulations. To deny a special exception use when not in the public interest or in harmony with the requirements of these Regulations. 159 CODE ENFORCELWXT BOARD Establishment and Composition There is hereby established a Code Enforcement Board which shall CoNW hers and 2 alternates4 to be appointed by the City Council Members shall serve for overlapping terms of 3 years. Membership of the Board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons. 2 Powers and Duties The Code Enforcement Board shall have the following powers and duties: a Enforce the Land Development. To enforce and regulate the subdivision of lands; to regulate the use of land and water for those land use categories included in the land use element in the comprehensive plan to ensure their compatibility of adjacent uses and provide for open space; to provide for protection of potable water well fields; to regulate areas subject to seasonal and periodic flooding and stormwater management; to ensure the protection of environmentally sensitive lands designed in the comprehensive plan; to regulate signage; to prove that public facilities and services meet or exceed the standards set in the capital improvement element of the comprehensive plan, and are available when needed for development, or that development orders or permits are conditioned on the availability of these public services; to ensure safe and convenience onsite traffic flow and parking and to enforce or regulate such other provisions as are mandated by the land development regulation. b Hearing. To subpoena alleged violator and witnesses to the Board's hearings, and to subpoena evidence and take testimony under oath. To review such evidence and testimony, and to decide whether or not a violation of these Regulations has occurred. Enforce Compliance. To issue orders having the force of law commanding whatever steps are necessary to bring a violation of these Regulations under compliance. The City Attorney shall be legal counsel to the Board. 160 DESM REVIEW BOARD Establishment and Composition The City Council may establish a Design Review Board which shall convi#dfatWa t 7 membem and 2' altsrnateaVpointed byte Council. Members shall serve for overlapping terms of 3 years. Membership of BOARDS -11- I /` r � �� � `t . �. ,, — � .- � �, ',7��,�1,;, — -,; _, ; �. ' 7 � _. � t_ , �, ��i a � ; �r ,,,� _ ;� �t; ; �' ,�� � ;�` ,�. rI',�. � vim., � '� ,. � � , . � �-� n 0 the Board, where possible, shall consist of any of the following: architect, artist, sculptor designer, landscape architect, landscape contractor, urban planner, engineer, realtor building contractor, business property owner, and lay persons. 2 Preparation of an Action Plan for City Visual Improvement From time to time the City Council may, by official action, assign the Design Review Board other tasks involving the beautification and aesthetic appearance of the City. Tasks may involve the preparation, or review, of a master action plan for the visual improvement of key areas in the urban landscape in the City, including recommendations. The action plan may include, but not be limited to, the following: a Graphic and written presentation showing the nature and extent of the proposed urban improvements. b Suggested priorities and time schedule for installation of proposed urban improvements. c Estimate of the construction and maintenance costs for each urban improvement. Assignment of Design Review Tasks From time to time the City Council may, by official action, assign the Design Review Board the task of reviewing the design of a proposed building or structure submitted for building permit in the City. Within 15 days of the Council request for design review, the Board chairperson shall call a public meeting of the Design Review Board and undertake the assigned task. 4 Powers and Duties The Design Review Board shall have the following powers and duties: a To encourage the use of the City Building Design Guidelines in the design of public, commercial and institutional buildings. b To make recommendations for changes and improvements to the City Building Design Guidelines. c To review architectural plans for buildings, structures and signs, submitted for issuance of a permit, after assignment of such task by the City Council. d To determine whether the exterior design of a building assigned to the Board for review complies with the intent of the Building Design Guidelines, and would result in the construction of a building that is compatible with the urban landscape. e To make written recommendations to the City Council for changes in external appearance of the building or structure to make it compatible with the Building Design Guidelines and other quality buildings in the City. To undertake the preparation of an action plan, or review of a plan prepared by others, for urban improvements, after assignment of such task by the City Council. -12- BOARDS