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2017-04-04CITY OF OKEECHOBEE APRIL 4, 2017, REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 7 11 AGENDA 11 COUNCIL ACTION - DISCUSSION - VOTE 11 CALL TO ORDER - Mayor April 4, 2017, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES: Invocation to be given by Rector Jim Shevlin, Church of Our Saviour; Pledge of Allegiance led by Mayor Watford. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Noel A. Chandler Council Member Monica M. Clark Council Member Mike O'Connor Council Member Gary Ritter City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to three minutes per speaker unless otherwise approved by the Mayor. Mayor Watford called the April 4, 2017, Regular City Council Meeting to order at 6:00 P.M. The invocation was offered by Rector Jim Shevlin of the Church of Our Saviour; the Pledge of Allegiance was led by Mayor Watford. City Clerk Gamiotea called the roll: Present Present Present Present Present Absent Present Present Present Present Present Present Mayor Watford asked whether there were any additions, deferrals, or withdrawals on today's agenda; there were none. Mayor Watford opened the floor for public comment on matters not on the agenda; there were none. 125 12 APRIL 4, 2017 - REGULAR MEETING - PAGE 2 OF 7 AGENDA V. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the meeting of March 21, 2017. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1151 by title only, International Property Maintenance Code, Petition No. 17-001-TA - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1151 by title only 2.a) Motion to adopt proposed Ordinance No. 1151. b) Public comments and discussion. COUNCIL ACTION - DISCUSSION - VOTE Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the meeting of March 21, 2017; seconded by Council Member Ritter. There was no discussion on this item. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. Council Member Ritter moved to read proposed Ordinance No. 1151 by title only, (adopting the) International Property Maintenance Code, (Land Development Regulations Text Amendment) Petition No. 17-001-TA; seconded by Council Member O'Connor. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. In the absence of Attorney Cook, Mayor Watford read proposed Ordinance No. 1151 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART 11 OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66-GENERAL PROVISIONS, SECTION 66-10 CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS BY ADDING THE INTERNATIONAL PROPERTY MAINTENANCE CODE TO THE LIST OF CODES AND STANDARD INCORPORATED BY REFERENCE; PROVIDING FOR AMENDMENTS TO SAID IPMC; PROVIDING FOR CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members O'Connor and Clark to adopt proposed Ordinance No. 1151. Mayor Watford asked whether there were any comments or questions from the public. Mrs. Jennifer Tewksbury read a letter into the record on behalf of the Economic Council of Okeechobee Board of Directors as follows: "Dear Mayor Watford, The intent of this letter is to express the support from the Economic Council of Okeechobee to the City of Okeechobee in the adoption of the International Property Maintenance Code. Your Code Enforcement Officer and Building Official believe this code will be beneficial because it adds an additional level of detail which will assist them in their efforts to improve the general appearance of our City. Thank you for considering the International Property Maintenance Code for adoption, for your intent to improve the appearance and safety of properties in the City, and for your continued service to our community. Respectfully, Frank Irby, Chairman." APRIL 4, 2017 - REGULAR MEETING - PAGE 3 OF 7 127 II AGENDA N COUNCIL ACTION - DISCUSSION - VOTE II 1y11 PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A.2.b) Public comments and discussion on proposed Ordinance No. 1151 continued. c) Vote on motion. B.1.a) Motion to read proposed Ordinance No. 1152 by title only, Right -of -Way Abandonment, Petition No. 17-0001-SC, submitted by Jeremy LaRue - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1152 by title only 2.a) Motion to adopt proposed Ordinance No. 1152. City Building Official Jeff Newell verified the steps of an appeal process for Code Enforcement violations for Council Member Clark. Council Member Chandler asked how many days are given once a structure has been "red -tagged." Building Official Newell replied 30 days unless the structure poses a threat to the public; it also depends on the integrity of the structure. The City Council instructed Staff to be mindful of the citizens when implementing these new regulations and any occupied dwellings be handled last, so long as they were safe. The list of identified properties to date was provided at the March 21, 2017, meeting. Administrator MontesDeOca and Chief Smith will work to create a course of action for the occupied dwellings. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Council Member O'Connor moved to read proposed Ordinance No. 1152 by title only, Abandonment of Right -of -Way Petition No. 17-001-SC, submitted by Jeremy LaRue (abandons the West 60-feet of the 70-foot wide right-of-way, a portion of Northwest loth Avenue, and approximately 200-feet between 8th Street and 7th Court); seconded by Council Member Clark. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. In the absence of Attorney Cook, Mayor Watford read proposed Ordinance No. 1152 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CLOSING, VACATING, AND ABANDONING CERTAIN STREETS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, A PORTION OF NORTHWEST 10TH AVENUE BETWEEN NORTHWEST 7TH COURT AND 8TH STREET, NORTHWEST ADDITION SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 25 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members O'Connor and Clark to adopt proposed Ordinance No. 1152. 12 APRIL 4, 2017 - REGULAR MEETING - PAGE 4 OF 7 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A.2.b) Public comments and discussion on proposed Ordinance No. 1152 continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor VII. NEW BUSINESS A. Discussion pertaining to the Noise Ordinance - Kari Berger (Exhibit 3) Mayor Watford yielded the floor to Mr. Bill Brisson, City Planning Consultant of LaRue Planning and Management Services, Inc., who explained Petition No. 17-001-SC was reviewed by the Technical Review Committee (TRC) on January 19, 2017, and recommends approval with the condition that easements be granted to the City of Okeechobee and the Okeechobee Utility Authority (OUA). The Planning Board reviewed the Petition on February 16, 2017, and is recommending approval based on the findings within the Planning Staff Report, which are: the requested Abandonment of Right -of -Way is consistent with the Comprehensive Plan. The property is designated Industrial on the Future Land Use and Zoning maps. It is not the sole means of access to any property. Other properties bordering the proposed abandonment gain access by Northwest 7th Court, 7th Street, or loth Avenue. The public benefits associated with the abandonment are: the existing Right -of -Way is currently unimproved, unused and has no immediate future use. It will be a benefit to the City to remove the existing Right -of -Way, which will reduce the land the City is required to maintain and the property will be subject to ad valorem taxation. Additionally, a utility easement is necessary for the City and OUA to have 24-hour, seven days a week access to existing drainage and infrastructure. Administrator MontesDeOca added there was an issue with the Hamrick Trust that came to light after the first reading, but has been resolved. Mr. LaRue addressed the Council elaborating on the Hamrick Trust issue and is waiting on the Deed to be issued from the Trust. He then asked Public Works Director Allen for the status of the street light installation. Director Allen responded the estimated cost to the City was approximately $12,000.00 and he needs to discuss the matter with the City Administrator as this exceeded the initial estimates. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:15 P.M. Ms. Kari Berger, residing at 1114 Southwest 10th Avenue, addressed the Council regarding a noise and public nuisance complaint for an excess number of fowl (chickens) on a residential parcel in her neighborhood. She has met with the City Code Enforcement, County Animal Control Services, and Administrator MontesDeOca. Her complaint is that she assumes this is a commercial/agricultural business without a business license that sells and slaughters the fowl (chickens) located on the individual's property; the zoning is not complimentary to a residential neighborhood; sanitation is an issue as manure breaks up into dry particulate matter and can be inhaled; and the smell/odor which is ammonia is very toxic in high amounts. Ms. Berger went on to compare Sections 10-3, 10-8, and 30-81 of the City Code of Ordinances to Sections 10-2 and 10-7 of the County Code of Ordinances. APRIL 4, 2017 - REGULAR MEETING - PAGE 5 OF 7 129 AGENDA VII. NEW BUSINESS CONTINUED A. Discussion pertaining to the Noise Ordinance continued. B. Consider appointments to the Code Enforcement Board - City Clerk (Exhibit 4). COUNCIL ACTION - DISCUSSION - VOTE The County Code clearly prohibits any type of commercial livestock operations in residential areas. The City's does not. However, home occupations in residential areas are very limited and an individual is not legally authorized to operate a business in the City without the proper Business Tax Receipt. Fire Chief Smith distributed a memorandum detailing the first complaint of record by Ms. Berger was November 30, 2016, for the property owned by Jose R. Nunez, Jr. and Theresa A. Douglas, located at 1003 Southwest 11th Street. The complaint was regarding animal noise of numerous chickens crowing continuously starting around 5:00 A.M. and a public nuisance for the number of animals. While in his vehicle, Officer Sterling drove by Mr. Nunez's property and was able to hear the crowing with his window up and air conditioning on. He followed up with Ms. Berger letting her know he would contact Animal Control for a courtesy check. Animal Control was denied access by the property owner. Officer Sterling hand -delivered a courtesy letter to Mr. Nunez at approximately 1:00 P.M. on March 31, 2017, (a copy of letter and code sections were included in the items distributed to the Council). At that time, Mr. Nunez did not allow Officer Sterling into the backyard where the fowl are kept, but accepted the letter and informed him there were approximately 100 chickens and he sells them to make extra income. Fire Chief Smith informed the Council 30-days is usually given for a home owner to comply with the courtesy letter. After the 30-days, a Notice of Violation/Notice of Hearing before the Code Enforcement Board is issued when a property is found to be non -compliant. The earliest this case could appear before the Code Enforcement Board is May 9, 2017. The Council agreed with Ms. Berger that this appears to be a commercial operation in a residential zoned area and ensured Ms. Berger that the proper procedures are being conducted by the Code Enforcement Office. Additionally, the Council asked City Staff to review the County's regulations and submit proposed amendments to consider, specifically addressing commercial operations of any livestock in residential neighborhoods. During discussions, Council Member Clark suggested there were other areas of the Code that also needed revisions. Some may require longer discussions than others, therefore Mayor Watford recommended Council Member Clark submit the Code Chapters, Sections, and/or topics she wished to discuss as an agenda item. The City Council could then decide which would require a workshop. This will be presented at a future meeting. Exhibit Four contained a memorandum explaining after advertising in multiple media sources, the Clerk's office received two new applications to fill the vacancy on the Code Enforcement Board. There are two members whose terms sunset April 30, 2017, and both have requested to be re -appointed. Their attendance record, over the current term (May 1, 2014, through April 30, 2017), is as follows: Louise Conrad and Rennae Sweda, 21 meetings have been held to date; Mrs. Conrad has been absent seven times, with consent. Mrs, Sweda has been absent 16 times, with consent due to illness. Current Members are Chairperson Mr. Jamie Gamiotea, Vice -Chairperson Mrs. Rennae Sweda, Mrs. Lynn Boak, Mrs. Melissa Close, Mrs. Louise Conrad, Mr. Ted Denisuk, Mr. Jim Pippin, Alternate Mrs. Michelle Sanders, and a vacancy for the second Alternate Member. 13 APRIL 4, 2017 - REGULAR MEETING - PAGE 6 OF 7 AGENDA VII. NEW BUSINESS CONTINUED B. Consider appointments to the Code Enforcement Board continued COUNCIL ACTION - DISCUSSION - VOTE Council Member Ritter moved to re -appoint Mrs. Louise Conrad and Mrs. Rennae Sweda, as Regular Members to the Code Enforcement Board, terms being May 1, 2017, to April 30, 2020; seconded by Council Member Chandler. Council Member Clark voiced her concerns regarding the amount of meetings Mrs. Sweda has missed over the current term and suggested Mrs. Sweda may be more suited as an Alternate Member. Council Members Ritter and Chandler withdrew their second and motion. Council Member Clark moved to re -appoint Mrs. Louise Conrad, as Regular Member to the Code Enforcement Board, term being May 1, 2017, to April 30, 2020; seconded by Council Member O'Connor. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. The City Council discussed at length past practices of reassigning regular and alternate members. Mrs. Sweda's full length of service to the Board, which began in April, 1999, and whether she was aware there were any applicants to consider. Over the past ten years it has been extremely difficult to fill the Board seats due to the lack of applicants from City residents. Council Member Chandler made a motion to move Mrs. Michelle Sanders from Alternate to Regular Member of the Code Enforcement Board term being Aril 5 2017 to April 30 2020• seconded by Council Member Ritter. VOTE: WATFORD — NO CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Mrs. Beverly Bernst, never attending a Code Enforcement Board meeting, applied and is being considered for the vacant Alternate position and was asked what her reasons were for wanting to be a member of this Board. She replied she wanted to be more involved in the community. Mr. Bob Jarriel also applied and is being considered for the vacant position. He provided the Council with his professional background as a retired contractor and has served on numerous citizen boards in Palm Beach County prior to moving to the City permanently. Being new to the community, he would like to become more involved. He also explained he requested to be considered for the Planning Board/Board of Adjustments/Design Review Board. However, the deadline had past for filling those positions. APRIL 4, 2017 - REGULAR MEETING - PAGE 7 OF 7 131 AGENDA VII. NEW BUSINESS CONTINUED B. Consider appointments to the Code Enforcement Board continued VIII. ADJOURNMENT - Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ,-Z J ATTEST: Dowling R. Wat Ord, Jr., Mayor Aa� Lane G miotea, CMC, Ity Clerk COUNCIL ACTION - DISCUSSION - VOTE Council Member Chandler made a motion to move Mrs Rennae Sweda from a Regular to Alternate Member, term being April 5, 2017, to April 30, 2019, and appoint Mrs Beverly Bernst as an Alternate Member, term being April 5, 2017, to April 30, 2020, to the Code Enforcement Board; seconded by Council Member O'Connor. Mayor Watford made it clear the change in status was only to help Mrs. Sweda during this time and no reflection of her service. VOTE: WATFORD - No CHANDLER - YEA CLARK - YEA O'CONNOR - YEA RITTER - YEA MOTION CARRIED. Mayor Watford thanked Mr. Jarriel for applying and explained his application would remain on file should another opening come up on either Board. There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 7:08 P.M. The next regular scheduled meeting is April 18, 2017. ►n INrimDEPEND6NT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the -attached copy of advertisement being as -C't ALL-tiL in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of �(agl-cl-6 17 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed b fore me this, �% " day of ,�.Alatl r AD Notary Public, Sate of Florida at Large o N PGgc' ANGIFBRIDGES MY COMMISSIQN # FF 976149 3 =X. M' Zs: Apill 44, 2020 j Bonded Thru Notxy Pubik UndorKnbm j } Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 411-7 Min uie Packtf k1ftq I WMI -0.4 PUBLIC NOTICE CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the Gty Council for the City of Okeecho- bee will conduct a regular meeting on Tues, Apr. 4, 2017, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeecho- bee, FL. The public is invited and encouraged to attend. The agenda may be obtained from cityofokeechobee.cort or by calling the Office of the City Administrator, 863-763-3372 x 9812. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this.meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act ((ADA), any person with a disability as defined by the ADA, that needs spedal accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda, a copy of the document, picture, video, or item MUST be provided to the City perk for the City's records. By: Mayor Dowlinq R. Watford, Ir CITY OF OKEECHOBEE 55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974 APRIL 4, 2017 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 CALL TO ORDER— Mayor: April 4, 2017, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rector Jim Shevlin, Church of Our Saviour; Pledge of Allegiance led by Mayor III. COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Noel Chandler Council Member Monica Clark Council Member Mike O'Connor Council Member Gary Ritter Administrator Marcos Montes De Oca Attorney John R. Cook Clerk Lane Gamiotea Deputy Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen IV. AGENDA AND PUBLIC COMMENTS — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda — Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. April 4, 2017 PAGE 2 of 3 V. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the March 21, 2017 regular meeting. VI. OPEN PUBLIC HEARING FOR ADOPTION OF ORDINANCE — Mayor A.1.a) Motion to read proposed Ordinance No. 1151 by title only, International Property Maintenance Code, Petition No. 17-001-TA — City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1151 by title only. 2.a) Motion to adopt Ordinance No. 1151. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read proposed Ordinance No. 1152 by title only, Right -of -Way Abandonment, Petition No. 17-0001-SC, submitted by Jeremy LaRue — City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1152. 2.a) Motion to adopt Ordinance No. 1152. b) Public comments and discussion. c) Vote on motion. CLOSE PUBIC HEARING April 4, 2017 PAGE 3 of 3 VII. NEW BUSINESS A. Discussion pertaining to the Noise Ordinance — Kari Berger (Exhibit 3). B. Consider appointments to the Code Enforcement Board — City Clerk (Exhibit 4). Vill. ADJOURN MEETING - Mayor PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. City of Okeechobee, April 4, 2017, Meeting Minutes taken during the meeting by L. Gamiotea CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on April 4, 2017, at 6:00 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. OPENING CEREMONIES: The invocation was offered by Rector Jim Shevlin, of the Church of Our Saviour; the Pledge of Allegiance was led by Mayor Watford. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Noel Chandler Present Council Member Monica Clark Present Council Member Mike O'Connor Present Council Member Gary Ritter Present City Attorney John R. Cook Absent City Administrator Marcos MontesDeOca Present Fire Chief Herb Smith Present Police Chief Bob Peterson Present Public Works Director David Allen Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Watford asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford opened the floor for public participation for any issues not on the agenda. There were none. V. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the March 21, 2017, regular meeting. Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the regular meeting held March 21, 2017; seconded by Council Member Ritter. Discussion: none. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. VI. OPEN PUBLIC HEARING FOR ADOPTION OF ORDINANCE — Mayor MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. Page 1 of 6 A.1.a) Motion to read proposed Ordinance No. 1151 by title only, International Property Maintenance Code, Petition No. 17-001-TA — City Attorney (Exhibit 1). Council Member Ritter moved to read proposed Ordinance No. 1151 by title only, International Property Maintenance Code, Petition No. 17-001-TA; seconded by Council Member O'Connor. b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1151 by title only. In the absence of Attorney Cook, Mayor Watford read proposed Ordinance No. 115 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART 11 OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66-GENERAL PROVISIONS, SECTION 66-10 CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS BYADDING THE INTERNATIONAL PROPERTY MAINTENANCE CODE TO THE LIST OF CODES AND STANDARD INCORPORATED BY REFERENCE; PROVIDING FOR AMENDMENTS TO SAID IPMC; PROVIDING FOR CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to adopt Ordinance No. 1151. Motion and second by Council Members O'Connor and Clark to adopt proposed Ordinance No. 1151. b) Public comments and discussion. Mayor Watford asked whether there were any comments or questions from the public? Jennifer Tewksbury, Economic Council Board of Directors, read into the record, as follows: "Dear Mayor Watford, ." O'Connor been a long time coming to get this kind of teeth. Sec 111. Appeal process? Noel after tag house how many days do they have? Jeff depends on the structure and what is going on with it. Noel some of these evellings where the people are occupying them start on them last. Still want them to be safe. c) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA CLARK— YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. B.1.a) Motion to read proposed Ordinance No. 1152 by title only, Abandonment of Right -of -Way Petition No. 17-001-SC, submitted by Jeremy LaRue — City Attorney (Exhibit 2). Council Member O'Connor moved to read proposed Ordinance No. 1152 by title only, Abandonment of Right -of -Way Petition No. 17-001-SC, submitted by Jeremy LaRue; seconded by Council Member Clark. b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR—YEA RITTER—YEA CLARK — YEA MOTION CARRIED. Page 2 of 6 C) City Attorney to read proposed Ordinance No. 1152 by title only. In the absence of Attorney Cook, Mayor Watford read proposed Ordinance No. 1152 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CLOSING, VACATING, AND ABANDONING CERTAIN STREETS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, A PORTION OF NORTHWEST 10T" AVENUE BETWEEN NORTHWEST 7T" COURT AND 8T" STREET, NORTHWEST ADDITION SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 25 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to adopt Ordinance No. 1152. Motion and second by Council Members O'Connor and Clark to adopt Ordinance No. 1152. b) Public comments and discussion. Planning Consultant comments: The petition meets all required findings. TRC and PB recommended approval with the stipulation of easements. Marcos Hamrick Trust issue was realized after first reading, matter has been cleared up. Mayor Watford asked whether there were any comments or questions from the public. Mr. LaRue gave additional information to Mr. Culbreth. Have paved the road as required. Wanted to know how street light coming. Public Work Direction price $??? What to do to accomplish this? Have to meet with Administrator due to the price. C) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT P.M. IX. NEW BUSINESS A. Discussion pertaining to the Noise Ordinance — Kari Berger (Exhibit 3). Kari Berger requesting noise nuisance ordinance be looked at. Neighbor approximately 100 feet from my property. He owns 100+ fowls and they crow all day and night. City ord 10-3 limitations of the number of animals, any with 4 or more are required Feel inadequate since doesn't provide what they are actually required to provide, just so many on less than an acre. County livestock are not to be provided or harbored on ..... I love animals understand this will not hurt 4H or FFA animals. County goes on to say no commercial. Art 3, Section .... Any person to cause or be made noise or vibration .... I do have recordings and photos to show or play you County goes on to state .... As a real estate agent I can tell you this will become a problem. Sec 10- disturb the peace any day or night, continuous for 20 minutes, does this apply to 1 or more? Does this apply to an animal taking a break? They start at 3 am and all day long. His occupation is at United Feed, but on the side he has this as a side business selling the baby chickens to local feed stores. Page 3 of 6 Dowling when we did the 3 or more animals you had to have sanitary conditions, never thought a person would have so many roosters. What about others that live in the neighborhood? Kari yes, 1 is law enforcement and neighbor is good to him so doesn't want. Heard another new owner does not like the noise but they are older people and don't want to get involved. Mike when did you move in ther? In 2013??? Responsibility to people who move into a neighborhood you have to know what you're getting into. Kari, understand, he put up a 6 foot privacy fence and I couldn't see them. There was a complaint in 2005 about them running loose, so he pinned them. O'Connor this is an ag community, I can remember when I was a day worker for your daddy and use to keep horse in front yard with other cowboys. Have you tried to talk with him to work with him. Kari I haven't because he's had them for 20 years and I don't think telling him I don't like it isn't going to change anything. Gary after Kari called me, did some research of our ordinances, came up with the saem ones you presented. I was at his residence Sunday and they all started sounded off at 3:00 pm. Looked on google, in 2007 no pens on property, start around 2013. May be tiem to readdress some things in the ordinance that we don't have to deal with these issues. Someome operating a commercial business is different that a few animals or a horse in the front yard. Noel I live about 2 blocks from you, roosters from my house to yours, spoke with a person walking a dog and they wanted to know when something would be done. Dowling comment, O'Connor spoke to it, many of us been up here long time and sensitive to our community and agriculture and someone shouldn't suffer for someone doing a commercial establishment. Find the county ord being more strict is unusual. Marcos memo from Fire Dept History No official compliants documented prior to this complainant. Location 1003 SW 11th Street, first contact, Nove 30, 2016, new to the. Should be on the May Code Board Meeting. Kari understand that's where the process is right now. Clark consider looking at our ordinance, to prevent a commercial an operation to happen, just adopted the IPMC to give us more teeth, need to protect the agriculture and have teeth. O'Connor need to make sure areas that there haven't been a complaint hurt them from having the animals they have. Clark the commercial operation is the real problem that needs to be addressed. Watford like a tshirt operation is allowed in a residential area. Marcos the city doesn't have an agriculture use zoning. There are residential zoned areas with agricultural uses. Clark and there aren't any complaints on there and there isnt' a commercial operation on them. Attorney would have to come back with a proposed ordinance for the city council Ito consider. Watford Clark can get with the administrator to list what you want to have addressed. He'll pass on to Attorney. Clark need to look at some of the other ordinances that need it. Like to see a workshop. Watford you have other areas that need to be looked at? Yes. Great idea, if you have certain ordinances are, give list to Marcos, then put on the agenda to say lets have a workshop to work on these. Problem with workshop cant take action. If you don't mind put those things to administrator and put on the next agenda to consider. Gary our code officer is taking this before the CEB? If it can be resolved. Gary thisis just for information. Marcos yes. We have 30 days and then we go from there. Phil Berger, father of Kari Berger. The chickens were hiden when we looked at the property. We look to the city council to protect our interest. Incompatable instead of non -conforming. Around the feed stores they call him Chicken Joe to provide the little chicken. She was raised on a farm but not in the city with 100 chickens next to you, this is not acceptable. Watford hope we addressed your concerns. Page 4 of 6 B. Consider appointments to the Code Enforcement Board — City Clerk (Exhibit 4). Exhibit Four contained a memorandum explaining after advertising in multiple media sources, the Clerk's office received two new applications to fill the vacancy on the Code Enforcement Board. There are two members whose terms sunset April 30, 2017, and both have requested to be re -appointed. Their attendance record, over the current term (5/l/14-4/30/17), is as follows: Louise Conrad and Rennae Sweda (5/1/14 through 4/30/17), 21 meetings have been held to date; Mrs. Conrad has been absent 7 times, with consent. Mrs. Sweda has been absent 16 times, with consent due to illness. Current Members: Chair Jamie Gamiotea Vice -Chair Rennae Sweda Lynn Boak Melissa Close Louise Conrad Ted Denisuk Jim Pippin Michelle Sanders (Alternate) Vacancy (Alternate) fig Council Member Ritter moved to re -appoint Mrs. Louise Conrad and Mrs. Rennae Sweda, as Regular Members to the Code Enforcement Board, terms being May 1, 2017, to April 30, 2020; seconded by Council Member Chandler. Discussion: Clark concerns that Mrs. Sweda. Motion and second withdrawn. Beverly Berndst why did you apply? Want to be involved in the community. Ever attended a CEB meeting? No. Bob Jerriel. Loxahatchee? Yes. Why did you apply for this board? Retired state building contractor, bought place on rim canal, moved here permanently on SW 7th Avenue, saw the ad and really interested in serving on the planning and zoning, that was full. Never been involved in chickens but have the experience for the planning board, since moving in thought I could get involved in my community. O'Connor we have an ethics school we can go to and anyone who is appointed to citizen boards attend these ethic schools. Watford all elected officials have to take a 4 hours ethics course. Sunshines. Bob we have ethics in Loxahatchee and would be able to Council Member Clark moved to re -appoint Mrs. Louise Conrad, as Regular Members to the Code Enforcement Board, term being May 1, 2017, to April 30, 2020; seconded by Council Member O'Connor. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Chandler moved to move sander from Alternate to Regular ; seconded by Concil member�i WATFORD — NO O'CONNOR — YEA VOTE: CHANDLER — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. Council Member Chandler moved to appoint Renna Sweda term ending _April 30 2019 and Berndst as an Alternate Member to the Code Enforcement Board, term bein%480j1,,P, to April 30, 2020; seconded by Council Member O'Connor. WATFORD — NO O'CONNOR — YEA Discussion: VOTE: CHANDLER — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. Page 5 of 6 VIII. ADJOURNMENT - Mayor There being no further items on the agenda, Mayor Watford adjourned the meeting at 7:08 P.M. Page 6 of 6 City of Okeechobee, April 4, 2017 Meeting Minutes taken during the meeting by B. Jenkins I. CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on April 4, 2017, at P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. II. OPENING CEREMONIES: The invocation was given by Rector Jim Shevlin, Church of Our Saviour; the Pledge of Allegiance was led by Mayor Watford. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Noel Chandler Present Council Member Monica Clark Present Council Member Mike O'Connor Present Council Member Gary Ritter Present City Attorney John R. Cook -Peat l; ,, ! City Administrator Marcos MontesDeOca Present Fire Chief Herb Smith Present Police Chief Bob Peterson Present Public Works Director David Allen Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Page 1 of 8 B. Public participation continued. V. MINUTES — City Clerk A. Motion and second by Council Members and Us, to dispense with the reading and approve the Summary of Council Action for the March 21, 2017, regular meeting. Discussion: VOTE: WATFORD — YEA CHANDLER — YEA C YEA O'CONNOR — YEA RITTER — YEA OTION CARRIED. VI. OPEN PUBLIC HEARING FOR ADOPTION OF ORDINANCE — Mayor MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT � , r `i P.M. A.1.a) Motion and second by Council Members tv' and LL to read proposed Ordinance No. 1151 by title only, International Property Maintenance Code, Petition No. 17-001-TA — City Attorney (Exhibit 1). b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA YEA -�� O'CONNOR — YEA RITTER — YEA TION CARRIED. k�,ycv Na_f y-d c) 6+ty Auerry Gook read proposed Ordinance No. 1151 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66- GENERAL PROVISIONS, SECTION 66-10 CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS BY ADDING THE INTERNATIONAL PROPERTY MAINTENANCE CODE TO THE LIST OF CODES AND STANDARD INCORPORATED BY REFERENCE; PROVIDING FOR AMENDMENTS TO SAID IPMC; PROVIDING FOR CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Page 2 of 8 1.. VI. PUBLIC HEARING CONTINUED A.2.a) Motion and second by Council Members [U and ML to adopt Ordinance No. 1151. b) Public comments and discussion, Mayor Watford asked whether there were any comments or questions from the public. �Pnni�fTmKsKur� Rand a Ider �r6 w Frank I r slyporbfi, in WC 10tc rpccrd. ��C- Sic-hcn III, Q.��Pc� (�rcc�ss D IAJ - ftWd MSq OLMs hekQ Ihu.n �c�P. C�c�es be�vQ �rof� I?�.rd LV ufi CAP, Yi�7;f i s C� rmif �e-�- ?x C��.t,�s � n ►ess -�hr�c�i- �c ��c1�►ic� C.��eo2l�s off► p�tt��m oP Struckro. cccctwd dupelilr� I�s� �1Db- [tjjj Lob* (,u)141� Fr-� Owt c) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. Page 3 of 8 VI. PUBLIC HEARING CONTINUED It V� t Pr' B.1.a) Motion and second by Council Members and V to read proposed Ordinance No. 1152 by title only, Abandonment of Right -of -Way Petition No. 17-001-SC, submitted by Jeremy LaRue — City Attorney (Exhibit 2). b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA — O'CONNOR —.YEA RITTER — YEA MOTION CARRIED. j c) k read proposed Ordinance No. 1152 by title only as follows. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CLOSING, VACATING, AND ABANDONING CERTAIN STREETS AND RIGHTS -OF - WAY AS DESCRIBED HEREIN, A PORTION OF NORTHWEST 10TH AVENUE BETWEEN NORTHWEST 7TH COURT AND 8TH STREET, NORTHWEST ADDITION SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 25 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion and second by Council Members MID and to adopt Ordinance No. 1152. b) Public comments and discussion. Mayor Watford asked whether there were any comments or questions from the publicAffrzr\�cj bll s Slm Sir kw n e r IY� � #ill yap 3 3 , % Tic, W�1 lasmom- WI'd1-11 iarcl ktr, wau K1� 00lPih, asz W, itarc � l aC hcm t: (Y �I %�q� rick I s�- v P C E�i �s T OA - 4 iyal (i q(j. LU�) t c) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLOSE PUBLIC HEARING AT ` _ t ' P.M. CLARK— YEA MOTION CARRIED. Page 4 of 8 Vll. NEW BUSINESS A) Discussion pertaining to the Noise Ordinance — Kari Berger (Exhibit 3). Karl Nrt r- cy� d 44 ci, fu S4 znrn Cver Ctcb �� 1 Oallskdl a y 'elf' oe r 6 i �C�CM's, oil crdiAm a. flu O N C �'��� htmv g nD roo scan &awlah("ry) to by hrea M p SP c� c, r CII{ Y�i lam iiS -8v no w v1 hro km' Sl and(ad - 60 hav-c �/� I , V C� N a v rQ c�r�n���� � �� C�c� d M t a0d lackd, hUJ) /00 aC. eca fvr� .�f 1lrnr��rc���r . to M �Y rKCYJ2 dlT or TUJ, 40L k M9 Mur Q,rs Karl- yr Head-lim Wv gfx&--Q"j t, ,s J(x 111 U nil v had & m f � �t,nq I Lvd Kq�oj thf� Lm� flqLKP MYfl V, ON Vd- n Page 5 of 8 u�c�cr-s�-c�,cl Com�f�u��' t��G dried 1� (uerk I� Kar; 1011 do, 10jaktiar it�WS -� p(d hhs��pecl R c ordLnal, � to c�id rQ,ss do � I kw bin x� --fuYL Jul )ml-d We- Crdcn�� s. locks ram � Lull �x Au and 0 w d tw � �i4�Y4Sil l�ty `�itgt �lSl�Vt.�1 � S ��• ky" r.0 Deb o-F NA4tYoYM u:'UN LL 1, � y t , moticy, b� MIT n w auhaf NJ naa, V� -hr� bramt— s- I Wel�e a Lx�' K�p ��se cn�r4 esrne F — '�; C�Q,�, s s ie air �rd�nanc�s• ►�a�_ tom+ I� A� as zcn�n9 c�st�c�. Ill �uUsf,cm� , f�Q�C�(�G�4�id�r' It"-cC!� Q4'ollh9jC�. � reaen+ �rnm�rc� �''erat�ans �r� �f0o- be i�.rQ �� cic�.t harm a"u Uul&rsENM&m7lcwfj; iu,� Jo �'ied i7v� crK �tw- f�,i� Ylel��tbm- Sul per it�ws Fkj- �a, �cL[��� �a I ck' �,�haec� ���KQLWF c Crc�raq j to adores s ����.r {�i��- l�Y dc- I af -NvYL dild )uIll-d �qv O'J'V. q - Li Ll 2ei�— IoU maU he J �o'wa tk 90a, l�t4 it -ad a hl�cks ram �q4o-r ��s hen r�.+l�.irl LuI I }x dhu cRd 0 haw Mar— mjlr'q-cLtq& low 6) a Imu), --hl , Qyd uw' sdmh�w -tt" U.1� �`'61�,iYllU^�n�,il�� �',4�VOS1�l�!�' '1f�/lclt CL`l(!'l.Y�%1 i S (q/1nrL &KA Irv�nMd � � sus � .�Ct v u��4 �tt bp IOICL� vyj[,f w-� '*) ftmj -.-t I:i — P.,nt" Lu i an). Eck p U r; Kn���► l�h�.t �rd�na � �Ut" 1 _ IS U'lCul S iG C�`r%i�r �I�C�Ii'l��.l'1C Aq ol(Aulfo C - z��ckf/ It", � c� mcl-- be ,wo Guf-c �� hof ol hw-rupu Lud fircl� It 's kn6ly js,. Uv VII. NEW BUSINESS CONTINUED B.) Consider appointments to the Code Enforcement Board — City Clerk (Exhibit 4). Exhibit Four contained a memorandum explaining after advertising in multiple media sources, the Clerk's office received two new applications to fill the vacancy on the Code Enforcement Board. There are two members whose terms sunset April 30, 2017, and both have requested to be re -appointed. Their attendance record, over the current term (5/1/14-4/30/17), is as follows: Louise Conrad and Rennae Sweda (5/1/14-4/30/17), 21 meetings have been held to date; Mrs. Conrad has been absent 7 times, with consent. Mrs. Sweda has been absent 16 times, with consent due to illness. Current Members: Chair Jamie Gamiotea Vice -Chair Rennae Sweda Lynn Boak Melissa Close Louise Conrad Ted Denisuk Jim Pippin Michelle Sanders (Alternate) Vacancy (Alternate) Council Member moved to re -appoint Mrs. Louise Conrad and Mrs. Rennae Sweda, as Regular ers to the Code Enforcement Board, terms being May 1, 2017, to April 30, 2020; seconded by Council MemberTl. Discussion: W�vc wurryd of /0 be Vu Wc� ky Sara `�'cuk�d as��� ftkrna)(!--- �(Sada.uc�" �n Pl�c� I� n�d N c- ►bId 2nd 6 R - me*im LLD l�au.r reasorlmy -� faeuqcm bDa1-d j��l�ftg�h2 LeIY'�iuntl�.f hta,�ar- I�we�ou P.Uer" �ecn is a C� ���i ur�rs(aaa�?s��l�as I�h lS an lam,' ��►' �- ��s� inc ��n Un ,�ard� R.��-i r.� � �/� � i�-a la�.e ch se �. buy sic& P � �,� i s &M CP �zs rc�s &b,ccn 60 frn , . �• J I t_ �7.e1� I�ITQ, & la's Of � f� VOTE: WATFORD — YEA CHANDLER — YEA �C-��=ARRIED. O'CONNOR — YEA RITTER — YEA ��WIA� Page 6 of 8 VII. NEW BUSINESS CONTINUED B.) Consider appointments to the Code Enforcement Board continued. Council Member moved to appoint as an Alternate Member to the Code Enforcement Board, term being May 1, 2017, to April 30, 2020; seconded by Council Member Discussion: - fQmclo/d Pit� 5 Qs C� P 'QpCt n Ssatsgicm, c.oj(1pd NO- k[C Cj,(S Ctj kh. QeOo/ 6ariisf eye dorq Joao )� IV- kro VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Page 7 of 8 cm F5 VIII. ADJOURNMENT - Mayor There being no further items on the agenda, Mayor Watford adjourned the meeting at P.M. Page 8 of 8 'y1 ORDINANCE NO. 1151 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART 11 OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66-GENERAL PROVISIONS, SECTION 66-10 CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS BY ADDING THE INTERNATIONAL PROPERTY MAINTENANCE CODE TO THE LIST OF CODES AND STANDARD INCORPORATED BY REFERENCE; PROVIDING FOR AMENDMENTS TO SAID IPMC; PROVIDING FOR CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716, as amended, known as the Land Development Regulations; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances and land development regulations in order to address certain inconsistencies or outdated regulations contained in the codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the code a more consistent and easier to understand document; and WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed the proposed amendments, also known as Land Development Regulation Text Amendment Application No. 17-001-TA, at a duly advertised Public Hearing held on February 16, 2017, and hereby recommends that these amendments to the Code of Ordinances not be adopted by the City Council-, and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the Planning Board and concludes that enacting such amendments to be in the best interest of its citizens of said City, that said amendments are necessary and appropriate to make the Land Development Regulations more consistent and responsive to the needs of the City and its citizens. NOW, THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 66- General Provisions, Section 66-10 Construction design and improvement regulations, (a) Codes and standards incorporated by reference, as follows: (5) International Propertv Maintenance Code. (a) That a certain document, one copy of which is on file in the Office of the Building Official of the City of Okeechobee being marked and designated as the International Property Maintenance Code as published by the International Code Council be and is hereby adopted as the Property Maintenance Code of the City of Okeechobee in the State of Florida for regulating and governing the conditions and maintenance of all property, buildings and structures: by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use: and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided& Ordinance No. 1151 - Page 1 of 3 Language to be added is language to be deleted is slw k WougH. providing for the issuance of permits and collection fees therefor and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the General Services Department of the City of Okeechobee are hereby referred to adopted and made a part hereof, as if fully set out in this legislation, with the additions insertions deletions and changes, if any prescribed in Section 2 of this ordinance. SECTION 2: SPECIFIC REVISIONS. The following sections of the International Propertv Maintenance Code are hereby revised as follows: Section 101.1. Title. Insert City of Okeechobee as the name of the applicable jurisdiction. Section 102.3. Insert at end of first sentence: and any and all applicable current Florida Building Code or Florida Fire Prevention Code provisions. In the event that any conflicts or inconsistencies may be found to exist between any of the provisions of the International Property Maintenance Code, as adopted by this ordinance and the provisions of either the Florida Building Code as set forth in Chapter 553 Part IV Florida Statutes, or the Florida Fire Prevention Code as set forth in Chapter 633, Florida Statutes, the provisions of the Florida Building Code and the Florida Fire Prevention Code, respectively, shall prevail. Section 103. Department of Property Maintenance Inspection. Is to be renamed "City of Okeechobee Code Enforcement Department." Section 103.1 General. Delete the words "department of property maintenance inspection is hereby created," and insert in its place and stead the words: "City of Okeechobee Code Enforcement Department has been heretofore created." Further, wherever the words "department of property maintenance inspection" or "code official" may appear, substitute the words: "City of Okeechobee Code Enforcement Department' and the words "Code Enforcement Supervisor" respectively Section 106.3. Prosecution of violation. Insert at the end of section the words: The City of Okeechobee Code Enforcement Department may, in addition or alternatively, to pursuing any such criminal or civil penalties or seeking iniunctive relief, bring violations for prosecution before the Code Enforcement Board in accordance with all of the provisions of, and pursuant to the enforcement Procedures established under the City of Okeechobee Code of Ordinances Chapter 18, or Chapter 162, Florida Statutes. Section 106.4. Violation Penalties. Insert at the end of section the words: The monetary penalties that may be imposed for violations shall conform to the discretionary limits set out in Chapter 162 Florida Statutes. Section 111. Means of Appeal. An appeal of any decision of the Cityof Okeechobee Code Enforcement Department shall be governed by the provisions of Chapter 162 Florida Statutes. Section 112.4. Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition shall be liable to a fine as set out in the City of Okeechobee Code of Ordinances Appendix G Section 302.4 Weeds. Insert: 12 inches. Section 304.14 Insect screens. Delete the words: "During the period from [DATEI to D( ATEi..,' Section 602.3 Heat supply. Insert: November 1st to March 31st. Section 602.4 Occupiable work spaces. Insert: November 1st to March 31st Ordinance No. 1151 -Page 2 of 3 Language to be added is underlined. Language to be deleted is �. SECTION 3: CODIFICATION, INCLUSION IN CODE. It is the intention of the City Council for the City of Okeechobee, that the provisions of this ordinance shall become and be made part of the City of Okeechobee Code of Ordinances, and that sections of this ordinance may be renumbered or re -lettered that the word 'ordinance" may be changed to "section," "article," or such other appropriate work or phrase in order to accomplish such intention, and regardless of whether such inclusion in the Code is accomplished, sections of this ordinance may be renumbered or re -lettered and typographical errors which do not affect the content may be authorized by the City Clerk without need of public hearing, or filing a corrected or re -codified copy of same in the Office of the City Clerk. SECTION 4: CONFLICTS OF LAW. This section is enacted to be supplemental to existing ordinances and does not replace or supersede previously adopted ordinances; whenever the requirements or provisions of this Section seem to conflict with the requirements or provisions of any other lawfully adopted ordinance, code, or statute, the Code Enforcement Department may elect to proceed under such ordinance, code, or statute deemed most expedient to the City, unless the conflict is irreconcilable, and in that event, the most restrictive requirements shall apply. As the International Property Maintenance Code will be subject to periodic amendment, the City will, by ordinance, adopt such amendments as deemed appropriate. SECTION 5: 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 6: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this 215tday of March, 2017. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 4th day of April, 2017. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1151 - Page 3 of 3 Laq,mge to be added l: unMwed. Largeage to be deleted k ekuck 4%gh. 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M lrtC1�'t STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Pl— Katrina Elsken Sworn to and sijbscribed b fore me this ,6t day of�h4 it C AD Notary Public, State of Florida at Large _A ANGIE BRIDGES WCO �� � "c L En"F'lRES: ripri! 20, 2020 F ; Eoflded ThN iY'o�y Pua� c urtasrv�*i� Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeecho- bee, will conduct a Public Hearing on Tues APPr. 4, 2017, at 6 PM, or as soon thereafter possible, at City Hall, 55 SrE 3rd Ave, Okeechobee, FL, to consider final reading for adoption of the followingy Ordinance into law: No. 1151: AN ORDINANCE OF THE CITY OF 0 EECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF OR- DINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PRO- VIDING FOR AMENDMENTS TO CHAPTER 66-GENERAL MAINTENANCE CODE TO THE LIST OF CODES AN INCORPORATED BY REFERENCE; PROVIDING FO 'S TO SAID IPMC; PROVIDING FOR CODIFICATION C 'S; PROVIDING FOR CONFLICT; PROVIDING FOR SEI PROVIDING FOR AN EFFECTIVE DATE. NI members of the public are encouraged to attend and participate in said Hearing. The proposed ordinance may be inspected in its entirety by mem- bers of the public at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AM-4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs spe al accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to an Yy item on the agenda, a copy of the document, picture, video, or item h1U5T be provided to the City Clerk for the City's records. Gamiotea, CMC 3JIOA 3HV rinA 41 :1//R'ccF•MR'T TKl ECO Economic Council of Okeechobee April 41", 2017 The Honorable Dowling Watford City of Okeechobee 55 SE 3`d Avenue Okeechobee. Florida 34974 Dear Mayor Watford, f 4 Economic Council of Okeechobee Post Office Box 718 Okeechobee, Florida 34973 Phone: (863) 467-0200 The intent of this letter is to express the support from the Economic Council of Okeechobee to the City of Okeechobee in the adoption of the International Property Maintenance Code. Your Code Enforcement Officer and Building Official believe this code will be beneficial because it adds an additional level of detail which will assist them in their efforts to improve the general appearance of our city. Thank you for considering the International Property Maintenance Code for adoption, for your intent to improve the appearance and safety of properties in the City, and for your continued service to our community. Respectfully, Frank Irby Chairman cc: Noel Chandler Monica Clark Marcos Montes De Oca Mike O'Connor Gary Ritter ORDINANCE NO. 1152 A r ;' r, AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CLOSING, VACATING, AND ABANDONING CERTAIN STREETS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, A PORTION OF NORTHWEST 10T" AVENUE BETWEEN NORTHWEST 7T" COURT AND 8T" STREET, NORTHWEST ADDITION SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 25 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City received Abandonment of Right -of -Way Petition No. 17-001-SC from Mr. Jeremy LaRue, Manager of Total Roadside Services, LLC, property owner, petitioning closing a portion of a certain dedicated, unimproved street as described in this Ordinance; and WHEREAS, the Technical Review Committee forthe City of Okeechobee reviewed and discussed proposed Petition No. 17-001-SC at a duly advertised public meeting held on January 19, 2017, and recommends approving with the following conditions: That easements be granted to the City of Okeechobee and the Okeechobee Utility Authority as requested within the Petition materials; and WHEREAS, Petition No. 17-001-SC was reviewed and discussed by the Planning Board for the City of Okeechobee at a duly advertised Public Hearing held on February 16, 2017, and determined such Petition to be consistent with the Comprehensive Plan and recommends approval with the following conditions: That easements be granted to the City of Okeechobee and the Okeechobee Utility Authority as requested within the Petition materials; and WHEREAS, the City Council reviewed Petition No. 17-001-SC and finds it to be consistent with the Comprehensive Plan, is not the sole access to any property, is in the best interest of the citizens, provides a benefit to the City of Okeechobee, and would not jeopardize the location of any utility; and WHEREAS, the granting of the Petition will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: The Street described hereafter, and as shown on EXHIBIT A, is hereby closed, vacated, and abandoned by the City of Okeechobee, Florida to -wit: A 200-FOOT BY 60-FOOT PORTION OF NORTHWEST 10T" AVENUE (FORMERLY KNOWN AS PENSACOLA STREET) LYING EAST OF BLOCK 13, NORTHWEST ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 25, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SPECIFICALLY THE WEST 60-FEET OF THE 70-FOOT RIGHT-OF-WAY, LOCATED SOUTH OF NORTHWEST 8T" STREET (FORMERLY KNOWN AS 14T" STREET) AND NORTH OF NORTHWEST 7T" COURT (FORMERLY KNOWN AS SEABOARD AVENUE), NOT INCLUDING THE INTERSECTION OF NORTHWEST7T" COURT AND 10T" AVENUE. Ordinance No. 1152 - Page 1 of 3 SECTION 2: The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility purposes in and over the vacated portion of Northwest 10th Avenue. SECTION 3: The City Clerk shall cause a certified copy of the Ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION 4: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: 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 6: Effective Date. This ordinance shall be set for Final Public Hearing to be held on April 4, 2017, and shall take effect immediately upon its adoption. INTRODUCED for First Reading and set for Final Public Hearing on this 21 st day of March, 2017. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing this 4th day of April, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1152 - Page 2 of 3 Im Cm ORDINANCE NO. 1152 — EXHIBIT A 10191ai71615 d1 1f0 91817161514'3i2�r u m I `i21r3i14(l5lt6117 f81l9120 y 1t 1i2 13 14115,16 17i1@j!9i20 z I i` i iII 1 i 1 i i I I ao �:rz 1 NORTH 50 I s z• r I I fIL 1019 @17I61115IIt 31210l w 10 918 i7161 514131211 113�12 1i,1019j8 �Y ► 1 I � I� 114 15 16 17 1 18. 1 19 I . 5� I I I so NINTH 50' • T" ; I 111.1 3 12! I r11 k01 9 1 8 o i L RAILROAD ---- — _J NW 8TH STREET (F/K/A 14TH ST) — �, T—, 15C !0 91876 543 21IO9876j5i4z12 BLOCK 13,t0WADDITIONij i 13 H 12113114j1ii16117 i8 19121 II 12113!14i5161718 19l4 ._Ii..I.,�.... ..I I. . i ..... I ..�,1 NW 7TH COURT (F/K/A SEABOARD AVE) i ,.1 1 I .. I ,. ;,o.l _ ,. so. is 16 10 9 8 1 ;' 6 5 14 1 3 1 2 1 I� IO 9 i 8 7 I6 5 14 1 3 2 j'12 ? I! 12113114115116117118i13120 11112'13114115116±'71!8 191 o 0 _, 19 1 1 . N Id P?Th SEVENTH w Q. 1 I 1 1 IQ19 j8(7 6I5�4 j 3 I i i 1 i I 1 1 y$ 1 11 1 12 131 !�F � 15 115 l 171 t8 1 19 120 I I, I j 110 ll513 716�5 4i3I2!I w 13I12� Lu ! I (121 13, 14 115 I i6 ! i7 18 1 19 1 20 I 0 I� 14115 I` �, � :! z �L1 ?JO!?'f H SI XTH Lu EIGHTH I - r •. ' .. -T-: IIi z-r-.-- � ---� so '--T-.. .. — •• ,o. 5n � ,. so E! 101 3e1 6 I i ti SF� a j 3�! 2 I !� 0719 8 1 7 1 6 5 4 3 1 2 I II F131 i2i :I 10, 9 i� ¢ jj � R I 13 14 15 16 17 18 ! 9 I �w RIM 2f 15I6 117 1@ t�9 120 $ 1 I � I ', i4 15 l6 17 18 19I.. I.. 1.I_ I I-_ I I f Ordinance No. 1162 - Page 3 of 3 q/4%ifl ",hale Raej 1*111111111110 &ry 1NDEP6NDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a ih, 4 Ath 4 4—AAET� /r in the matter off✓�.>� Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-31.34� PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICE IS HEREBY GIVEN that the City Council of Ile City of Okeerho- bee, will conduct a Public Hari? on Tues, A 4, 2017; at 6 PM, or as soon !hereafter possible, at Gty Hall, 55 SE 3rd Ave, Okeechobee, FL, to final in the 19th Judicial District of the Circuit Court of Okeechobee consider reading Tor adoption of the following9 Ordinance into law: No. 1152: AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, County, Florida, was published in said newspaper in the issues of RicNGh VA NG� AN pieB�A�NDONING CERTAIN STREETS AND Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and bscribed b fore me this day of �� /1 /�_�2�r� AD Notary Public, State of Florida at Large n e .4��Y Pj,•,• ANGIE BRIDGES =q. W COMMISSION # FF 976149 EXPIRES: Apd420,2020 s'o`= '•;F�F F ,o?� Bonded Thcv Notary Public UrlCorvrTitor IN TO -roan" MK wnruLI; PROVIDING FOR SEVERABILITY PROVIDING FOR AN EFFECTIVE DATE All members of othhee public are encouaraaged to attend and parucipate In saic Hearinhers ofthee �blk at the ordinance of the�l7ty Clerk dudng rromnspected In Its al busines! hours, Mon-Fn, 8:00 AM-4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL arty decision made by the Gty Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding Is made and the record includes the testimony and evidenceupon which the appeal will be based. In accor- dance with the Americans with Disabifities gel any person with a disability as defined by the ADA, that needs special accommodation to par- tJcipate In MIS proceeding, contact the City Clerks OfOce no later than two business days prior to proceeding, 863-763-3372. BE ADVISED Mat should you Intend to show any documen4 picture, video or teats to the Council in support or opposition to ark Item on the agenda, a copy of the document picture, video, or item MUST be provided to the Gty deck for the City's records. BY: Gty Clerk lane Gamlotea, CMC I ON 3/24/2017 �fto Exhibit 3 April 4, 2017 CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO. CITY ADMINISTRATOR'S OFFICE 55 SE 3"" AVENUE OKEECHOBEE, FLORIDA 34974 NAME:_ ADWDESS: 5w V6 TEL EPH ON E: FAX: 73 MEETING: REGULAR SPECIAL WORKSHOP 0 DATE: PLEASE STATE T,4E ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: PLE ASE STA TE W HAT R EPA RT111 ENT (S) YO U H AVE WO RKE D W ITH: -Adin)'. A I sfimtj v, ry PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: -TiD, q1_ea.5e___ __f' ccons*(d_P_r_ _. eCo- N Ctd� aS 0- AJ61SC PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: nt h Nej_qhWr-oA aid RoW4erA!, 14e-Vw _wk&k _5oeow fv vlw, it kASk+ . 5o. T haji re_cor-d_;.,iy .-and phof-P hs I-, pre s e-n 4% IF A PRESENTATION IS TO BE MADE, PLEASE LIMIT THE TIME TO TEN M INUTES UNLESS OTHERWISE APPROVED BY THE MAYOR. D oco SIGNED B Y�� ATE: Robin Brock From: Kari Berger <kari@bergerrealestate.com> Sent: Monday, March 20, 2017 4:26 PM To: Robin Brock Subject: Agenda Item Request Form Attachments: Agenda Item.pdf Dear Robin, Thank you for your time, I have attached an Agenda Item Request Form for the next meeting of April 4th. It pertains to the current noise Ordinance in the city. Attached below is an image I pulled from the property appraiser GIS map. This is my neighbors house in the red square. Those are chicken coops west of his home. My home is the house with the tan roof two lots over or directly below if you look at the picture. I understand we are pro AG and pro FFA and I wouldnt mind if he had chickens for that reason. But he doesnt have children and I believe he sells Roosters in which Im sure he does not have an occupational license to do so. What I am having trouble believing is how difficult it has been for people of Okeechobee to see the problem at hand. Maybe they are bothered by my complaints? or they simply aren't bothered by the animals? I have worked with City Code Enforcement, Animal Control and Okeechobee city administration and they have tried to help me, But the ordinance states that "one single animal must produce noise consistently for 20 minutes in order to be considered a nuisance". How can chickens screeching and roosters crowing beginning at 3 am and continuing throughout all hours of the day not be considered a consistency? I just ask that someone listen to what I have to listen to, in a residential neighborhood in city limits, and possibly change the ordinance so that anyone else who may have the same problem may be relieved. I am presenting this for the sake of being neighborly to one another, and for the sake of noise levels these animals produce. Chickens and Roosters should be A. prohibited or B. limited to those in FFA and 4H, and people within city limits should only be allowed a certain amount. He is, I assure you, exceeding an amount I would ever allow within city limits if I had that control. I am a Real Estate agent, I would be glad to help him find county residence in which the Deed Restrictions allow for live stock animals. I spoke with my neighbor directly beside him, who is a policeman at the reservation, and he has told me the neighbor has increased his flock over the years and it is now extremely excessive compared to what he had a decade ago. If you would like to hear my recordings, or if I need more evidence besides Iphone recordings and video footage of where I am standing when I take these recordings, please let me know I will do anything I possibly can to help with this. 1 140001 ••• ':eti:•cr 3:09 PM a ,5" ap2.okeechobeepa.com G HOME t)L,,-h tb— ('twat, Pn4w ty App`wi-, ,. Record Seers, Search Res ft Pam* Dstsft .,(a m* z �: A v4� ' 4 m b riv Kari Berger Coldwell Banker Berger Real Estate 425 SW Park Street Okeechobee Florida 34972 0) Lane Gamiotea From: Sent: To: Cc: Subject: Attachments: Good Morning Lane, + Addi4iono l MQle'als--)� Kari Berger <kari@bergerrealestate.com> P&r pA U1/7 Wednesday, March 29, 2017 10:36 AM EyhLibLI3, /�(ewl Lane Gamiotea =-fem A. mmonstedeoca@cityofokeechobee.com Fwd: Section 10-7 of City Ordinance and 4 photographs attached 1Jpg; 2Jp9; 3Jp9; 4Jpg Below I have Section 10-7 of the City Noise Ordinance and Four attachments of photographs of the Neighbors Chickens & Roosters, and how they are kept throughout the 0.75 acre parcel. My Neighbor, who is a policeman for the Reservation, stated that Mr. Nunez is selling the animals to various feed stores. My neighbor has asked to remain anonymous. We can get statements if necessary but feel that it is obvious that a commercial enterprise is occurring due to the quantity of fowl. Besides the noise, there is also an odor problem. We are not arguing or opposing to the ownership of five laying hens and a rooster. The owner of the chickens works at United Feed and is known around for his chickens. I should also mention that Mr. Sterling stated to me that Animal Control Services was denied access by Mr. Nunez. The attached photos were taken with a camera on a tripod extension which we held over the fence. You mentioned to my Dad that you would distribute this to the appropriate officials, and he and I both thank you very much for your time! Sincerely, Kari Berger ,%W 1W Sec. 10-7. - Limitation as to the number, type, and location of animals. It is hereby declared to be in the best interest of Okeechobee County and its citizens to restrict the number, type, and location of animals harbored on a residential parcel. Numbers of animals in excess of those provided in this section shall not be deemed to be a reasonable, customary, incidental or accessory use to Residential Districts as defined by vuon 2.03.u" of Part II (Land Development Regulations) of this Code, or to any residence on a residential parcel regardless of zoning classification. (1) (2) (3) (4) (5) (6) Dogs and cats. Upon any residential parcel of one-half acre or less in area there shall be harbored, in combination, no more than four dogs and cats over the age of six months. Upon larger residential parcels, there may be harbored, in combination up to six dogs and cats over the age of six months. Provided however, upon any residential parcel of one and one-half acres or greater in area lying within the A or RR zoning classification as defined by Part II (Land Development Regulations) of this Code, there may be harbored, in combination, no more than ten dogs and cats over the age of six months. Horses and cows. Horses, cows, and temporary 4H, FFA or Okeechobee School District projects, may only be harbored upon residential parcels as provided in Heron 2.04.u0 of Part II (Land Development Regulations) of this Code. Livestock and farm animals. a. R1 Other than as provided in subsection (2), above, livestock, and other traditional farm animals including chickens, turkeys, and other fowl are not permitted to be harbored upon a residential parcel. Farm animal exceptions. (i) Residential rural zoning district. Residential parcels of one and one-half acres or greater in area within a residential rural zoning district shall be permitted to harbor livestock and farm animals as established insection 2.04.06 of Part II (Land Development Regulations) of this Code. Agriculture zoning district. Residential parcels of less than five acres in area within an agriculture zoning district shall be permitted to harbor livestock and farm animals as established in ­.ctinn 2.04.0 C of Part II (Land Development Regulations) of this Code. Reptiles, birds, fish and other animals. The number and types of reptiles, birds, and other animals not otherwise specifically listed in this section are not regulated by this section provided they are harbored in the conditioned area of the residence, properly caged or confined so as not to cause either a nuisance or endanger the health and safety of the public or minors residing within the residence, and are not being harbored or raised for commercial purposes. The harboring of reptiles, birds, and other animals not specifically listed in this section, outside of the conditioned area of a residence on a residential parcel is prohibited. Fish are not regulated by this section provided they are not being harbored or raised for commercial purposes. Commercial purposes shall be deemed to include "for profit" and "not for profit" activities. Agricultural operations. Nothing contained in this section_h ^ _ shall be deemed to permit commercial agricultural operations within a residential parcel —Including the raising of animals for sale or slaughter. Wildlife. Any captive wildlife under the exclusive jurisdiction of the Florida Fish and Wildlife Conservation Commission (FWC) which are harbored within a residential parcel, shall reduce on an one-to-one basis the otherwise allowable number of other animals permitted by this section; provided that this subsection shall wit result in less than two, dogs and cats,ly combination, from being permitted to be harbored. (7) Commercial presumption. Harboring of animals in excess of those permitted by this section on a residential parcel shall be presumed to be a commercial rather than residential activity. .................................................................................. Kari Berger Coldwell Banker Berger Real Estate 425 SW Park Street Okeechobee Florida 34972 ���• ' jam Ai .' AIt 12 '40 CITY OF OKEECHOBEE Ali"t J(3 FIRE DEPARTMENT To: Administrator Marcos/City Council From: Chief Smith -" Date: 3 April 2017 Re: Public Nuisance complaint History: No official complaints documented prior to this complainant Location of Complaint: 1003 SW 11L" Street (Owner: Nunez, Jose R JR & Douglas Ther) First contact/complaint: 30 Nov 2016 (the new occupant at the complainant's address) Please see attached document from Code Officer Sterling Jose Nunez 1003 SW 111h Street CH 10 Sect. Public Nuisance, 10-3 Number of Animals, 10-8 Public Nuisance, & CH 30, Sect. 30-82 (8) Animal Noises. I, Fred Sterling received a call from Kari Berger, 1114 SW 10th Avenue. She stated that the neighbor North of her had numerus chickens, both Roosters & Hens. That the Roosters were crowing starting around S AM and crowed most of the day. I drove by and was able to hear the crowing with my window up and the air conditioning running. I spoke to Ms. Berger and informed her that I would call animal control and ask them if they would check out the problem. Animal Control called me back about a week later stating that the property owner would not let them on the property. I then phoned Ms. Berger and she invited me to come on her property. I went by and we proceeded to go to her back yard and listen to the serenade from the roosters. I informed her that we would write a Courtesy Letter to the property owner. I tried to hand deliver the letter on 3/31/2017 about 10:OOAM. Mr. Nunez was not there and the lady that answered the door said the chickens were not hers, but she would call Mr. Nunez. She proceeded to call Mr. Nunez and he stated he would meet me there at 1:OOPM. I returned at the stated time and hand delivered the Letter to Mr. Nunez. In conversation with Mr. Nunez, he stated he had about 100 chickens and sold them to make extra income. He was asked by OCP officer on scene about the crowing, thinking that they did not start till sun up. Mr. Nunez stated that he could start crowing around 4:OOAM. Having delivered the Courtesy, We left the residence. Fred Sterling. City of Okeechobee 0 Code 8nforcement March 29, 2017 Mr. Jose Nunez 1003 SW 1 I"' Street Okeechobee, Fl 34974 Re: 1003 SW 11`h Street Dear Mr. Nunez: This is a letter requesting your assistance in reference to alleviating a noise problem. It has come to our attention the roosters housed on your property begin crowing very early in the morning and continue most of the day. According to city ordinances any animal making excessive noise is considered a public nuisance (see enclosed ordinances). We are requesting that some method of controlling the noise be found. If no solution is found, it will be necessary to issue a Notice of Violation/Notice of Hearing before the Code Enforcement Board. We appreciate your prompt attention to this matter. Sincerely, O d Sterling Code Enforcemen Officer (863) 467-1586 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 ANTIVALTS ARTICLE I. IN GENERAL Sec. 10-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandon means to forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner. Animal means any living dumb creature. Animal control officer means that person or entity designated by the city. Animal shelter means any facility providing or caring for animals held under the authority of this article or by state law. At large means not limited to any particular place, district, person, matter, or question; open to discussion or controversy; not precluded, free; unrestrained; not under corporal control; as a ferocious animal so free from restraint as to be liable to do mischief, fully, in detail; in an ex- tended form. Baiting means to attack with violence, to pro- voke, or to harass an animal with one or more animals for the purpose of training an animal or to cause an animal to engage in fights with or among other animals. Additionally the term "bait- ing" means the use of live animals in the training of racing greyhounds. Citation means a written notice issued to a person by an officer that the officer has probable cause to believe that the person has committed a civil infraction in violation of a duly enacted ordinance, and that the county court will hear the charge. The citation shall contain: (1) The date and time of issuance; (2) The name and address of the person; (3) The date and time the civil infraction was committed; (4) The facts constituting probable cause; (5) The ordinance violated; § 10-1 (6) The name and authority of the officer; (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation; (8) The applicable civil penalty if the owner elects to contest the citation; (9) The applicable civil penalty if the owner elects not to contest the citation; and (10) A conspicuous statement advising if the owner fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation he shall be deemed to have waived his right to con- test the citation and that in such cases, judgement may be entered against the owner for an amount up to the maximum civil penalty. Control means the regulation of the possession, ownership, care and custody of animals. Exposed to rabies means any animal that has been exposed to rabies, within the meaning of this article, if it has been bitten by, or been exposed to any animal known to have been infected by ra- bies. Household means any family, association, cor- poration, or group residing or utilizing a single structure, lot or parcel of land. Owner means a person owning, harboring or keeping any animal for more than ten days. Public nuisance and nuisance mean any ani- mal which molests passersby or passing vehicles; attacks other animals; trespasses on school grounds; damages private or public property; barks, whines or howls in an excessive continuous or untimely fashion, causes an annoyance in the neighborhood by acts such as overturning gar- bage cans, digging holes upon other than its owner's property, or such other acts that are generally regarded to create a public nuisance. Running at large means wandering or straying of an animal off the premises of the owner or keeper of such animal. Torture, torment, cruelty means every act, omis- sion or neglect whereby unnecessary or unjustifi- able pain or suffering is caused. CD10:3 § 10-1 OKEECHOBEE CODE Vicious means having the nature or quality of being dangerously aggressive or marked by vio- lence or ferocity. (Code 1982, § 4-1) Cross reference Definitions generally, § 1-2. Sec. 10-2. Unlawful to possess prohibited an- imals. It shall be unlawful for any owner to have in his custody any animal that is prohibited by federal or state laws. (Code 1982, § 4-2) Sec. 10-3. Limitation as to the number of animals. It is hereby declared to be in the best interest of the city and its citizens not to allow individuals to have numerous animals in a noncommercial en- vironment. Any household owning more than three animals shall provide, for their animals, confined pens and/or shelters with a facility for sanitary waste disposal. (Code 1982, § 4-3) Sec. 10-4. Animals at large or running at large. (a) It shall be unlawful for the owner of any animal or any dangerous, vicious, or mischievous animal to be allowed or permitted to be at large or running at large. Any person who shall release, either willfully or through a failure to exercise due care or control, or take such animals out of such building of secure enclosure and thereby allow such pet to run at large, shall be deemed to be in violation of this chapter. (b) It shall be the duty of the animal control officer, on information and view, to cause the animal to be impounded; nor shall such animal be returned to the owner, until such owner shall pay the appropriate penalties, as provided in section 10-9, for each and every such animal, plus the cost of impounding, boarding and delinquent li- cense fees. (c) Notice of impounding. After impounding, the animal control officer shall give notice to the owner, if known. (d) Any animal impounded or otherwise in the possession or custody of the animal control officer and not reclaimed from the city by its owner within seven working days shall become the prop- erty of the county and shall be placed for adoption in a suitable home or humanely euthanized. (e) Any actual, physical injury or damage to any person or property shall be deemed a viola- tion, and the owner of such animal shall be responsible for such injury. (f) It shall be unlawful for the owner of an animal of dangerous, vicious or fierce propensities to allow it to run at large on the premises of the owner unless a sign is posted in a conspicuous place at the entrance of such premises advising the public of the nature of the animal maintained therein. (Code 1982, § 4-4) Sec. 10-5. Responsibility of vehicle opera- tor upon striking animal. Any person who, as an operator of a motor vehicle, strikes an animal shall immediately re- port such injury or death to the appropriate law enforcement agency and the owner, if known. (Code 1982, § 4-5(f)) Sec. 10-6. Female animals in heat. No person owning or having custody of any female animal shall permit such animal off the premises of the owner or person having control of such animal when such animal shall be in heat. Every female animal in heat shall be confined in a building or secure enclosure in such a manner that such female animal cannot come into contact with another animal except for planned breeding. (Code 1982, § 4-5(g)) Sec. 10-7. Restraint and muzzling. It shall be unlawful for any person to take any dangerous or vicious animal off his premises without the proper leash or enclosure. The animal shall have the proper muzzle to avoid biting any person if it should escape. (Code 1982, § 4-5(h)) CD10:4 Sec. 10-8. -Public nuisance. (a) It shall be unlawful for any person to keep or harbor within the city any animal which barks, howls or makes other noises excessively (continuously for more than 20 minutes) by day or night so as to disturb the peace and quiet of any person or family. (b) It shall be unlawful for any person to allow the area in which the animal or animals are kept to become unsanitary or to give off unpleasant odors resulting in complaints from citizens in the neighborhood. (c) It shall be unlawful for any person to allow any animal to create a public nuisance. (d) The animal control officer of the city has the power to remove and impound any animal it deems necessary to protect the welfare of the public. All expenses for impounding and boarding are the responsibility of the owner. (Code 1982, § 4-6) Cross reference— Nuisances, § 30-31 et seq. m 1003 SIN 11 th St -,6ogle Earth Lane Gamiotea From: Lane Gamiotea Sent: Wednesday, March 29, 2017 11:40 AM To: 'Karl Berger' Cc: City -Bobbie Jenkins (bjenkins@cityofokeechobee.com) Subject: RE: Delivery? Tracking: Recipient Delivery 'Kari Berger' City -Bobbie Jenkins Delivered: 3/29/2017 11:40 AM (bjenkins@cityofokeechobee.com) Yes main, the email & 4 pictures were received; I've printed all to c in irm the quality is 8good as well. Lane Earnest-Gamiotea, CNIC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x215 Fax: 863.763.1686 Cell: 863.697.0345 V , �I F PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER- Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Kari Berger[maiIto: kari(--bergerrealestate.com] Sent: Wednesday, March 29, 2017 11:00 AM To: Lane Gamiotea Subject: Delivery? Did my email go through to you? I got a return email saying it was unsuccessful I just wanted to make sure you got it. Thanks! Kari Berger Coldwell Banker Berger Real Estate 425 SW Park Street b. ra a aY � O.A •;R I - tom. 4 i'L, 7 Wr .. r a.rur+ Fklbi+ #3 Apr Hj 2LI-1 n I sfr► b Lk+rd) Rea d into record of Meefi nd Why are we here? • Because I have exhausted all efforts • I have met with City Code Enforcement, Animal Control Services, and City Administration. What are the issues at hand? • Noise complaint and Public Nuisance for Excess of Fowl on a Residential Parcel. • Zoning— Non Conforming A. This is a commercial/agricultural business B. Assuming there is no occupational license C. Selling and slaughtering • Zoning — Not complimentary to a residential neighborhood. If this person was grafting avocado trees, or raising and selling gardenia bushes, it may be different. How has 100+ Livestock fowl slipped through the cracks? • Sanitation I.E. manure breaks up into dry particulate matter and can be inhaled. The ammonia is very toxic is high amounts. • Smell/odor Okeechobee City Chapter 10 - ANIMALS ARTICLE I. - IN GENERAL • Sec. 10-3. - Limitation as to the number of animals. • It is hereby declared to be in the best interest of the city and its citizens not to allow, individuals to have numerous animals in a noncommercial environment. Any household owning more than three animals shall provide, for their animals, confined pens and/or shelters with a facility for sanitary waste disposal. (Code 1982, § 4-3) Okeechobee County Noise Ordinance Sec. 10-7 • Sec. 10-7. - Limitation as to the number, type, and location of animals. • (3) • Livestock and farm animals. • a. • nthPr than ac nrnvirlPrl in cuhcPrtinn (?) AhnvP IivPctnrk, and nthPr trarlitinnal farm animals inrliirlina rhirkPnc tiirkPvc anri nthPr frnnil arP not nPrmittPrl to hP harbored upon a residential parcel. Okeechobee County Noise Ordinance Sec. 10-7 (con't) • (5) • Anririjltrjrnl nnPrntinnc Nnthina rnntainPrl in this shall be rIPPmPrI to nPrmit rnmmPrrial auriridtiiral nnPratinnc Within a rPcir tzntial parcel —Including the raising of animals for sale or slaughter. • (6) • Wildli e. Any captive wildlife under the exclusive jurisdiction of the Florida Fish andWildlifeConservation Commission (FWC) which are harbored within a residential parcel, shall reduce on an one-to-one basis the otherwise allowable number of other animals permitted by this section; provided that this subsection shall not result in less than two, dogs and cats, in combination, from being permitted to be harbored. . (7) • rnmmPrrinl nrPcijmntinn HArhnrinq of anirnAk in PxrPcc of thncP nPrmittPri by thic cPrtinn nn a rPcirlPntial narrPl shall be presumed to be a commercial rather than residential activity. Okeechobee City: ARTICLE III. - NOISE AND VIBRATION STANDARDS sec. 30-81. - Noise regulation in general. It shall be unlawful, as hereafter set forth, for any person, entity or agent thereof to cause or be made, or continued, any excessive or unreasonably loud noise or vibration which disturbs the peace and quiet of any residentially zoned neighborhood, or which tends to cause discomfort, or annoyance to any reasonable person of normal sensitivity, with such regulations to reasonably provide for normal commercial activities to occur within the City during certain times. (Ord. No. 875, § 1, 10-19-2004) (8) Animal noises, control, cruelty. Is shall be unlawful to keep, maintain or permit any animal, within the city without providing and maintaining adequate sound control techniques to eliminate excessive, repetitive, offensive and unnecessary barking, noises or sounds from such animals) at any time of the day or night, o as to annoy or disturb any neighbor, or to fail to control such animal(s), or to commit any act of neglect, torture, or torment that causes unjustifiable pain or suffering to any animal. County: Nuisance Defined in Ordinance that Applies • 10.02.00. - Definitions. • A. • Injures or endangers the comfort, repose, health or safety of any reasonable person; or offends decency; • B. • Is offensive to the senses of a reasonable person; • C. • Interferes with, obstructs or renders dangerous for passage on any public street, alley, highway, right-of-way, easement, sidewalk, stream, ditch, channel, or swale; • D. • Renders other persons insecure in life or the use of property; • E. • 1ntPrfPrPS with the comfortable and quiet enjoyment of life or property; • F. • TPnrlc tn or could depreciate the value of property of any persons; City ordinance; Public Nuisance Defined • Sec. 10-8. - Public nuisance. • (a) • It -,hall hp i nlaw id for anv npr-,nn to kppn nr harhnr within the rite anv animal %A/high hark-, howls nr makpr, nthpr nni-,e-, pxrpc-,ivPly trnntiniiously for more than 20 minutes) by day or night so as to disturb the peace and quiet of any person or family. • (b) • It -,hall hp i nlawfid fnr anv npr-,nn to allow the-arpa in which the animal nr animal-, arp kpnt to hprnme unsanitary or to give off unpleasant odors resulting in complaints from citizens in the neighborhood. • (c) • It shall be unlawful for any person to allow any animal to create a public nuisance. • (d) • Thp animal.rnntrol nffirpr of the rity has the nnwpr to rpmove and irnnnFinri anv animal it rippm-, nprpt-,ary to nrotect the welfare of the public. All expenses for impounding and boarding are the responsibility of the owner. • (Code 1982, § 4-6) • The property is only a 0.75 acre parcel. • We feel as though it is obvious that the owner of the property is selling the fowl at local feed stores as his occupation is at United Feed. • Besides the noise, there is also an odor problem. We are not arguing or opposing to the ownership of five laying hens and a rooster. • There are no children on the premises that are apart of 4H or FFA. • 1 should also mention that City Code Enforcement stated to me that Animal Control Services was denied access by Owner. • The attached photos were taken with a camera on a tripod extension which we held over the fence. 0 0,01 0A4 D" OM OW Approximately 45 individual Roosters huts That I can see Just In this property Appraiser GIS photo. _4 - yy SZ* IL a i [ f a V` s M F r~ ma �' �41P,. 3 w „ :sS ;htl OWO +wwo 40rz *.4. 004wo " s w+ -** Video Additional Comments: • We understand we live in an agricultural friendly city and county, nonetheless there is a line that should not be crossed and in this case, the line has been crossed. This simply cannot be 4H or FFA related. • The owner of the property is running a commercial operation on a residential parcel. • The Parcel contains at least 100 fowl, is zoned Residential, and is only 0.745 acres. OF•OKFp�y t 6 *91;. MEMORANDUM TO: Mayor Watford & City Council DATE: FROM: City Clerk Gamiotea0,,� J Exhibit 2, Ail , 2017 March 27, 2017 SUBJECT: Code Enforcement Board Terms/Appointments After advertising in multiple media sources, we received new applications (see attached). There are two members whose terms sunset April 30, 2017, and both have requested to be re -appointed. Their attendance record, over the current term (5/1/14-4/30/17), is as follows: Louise Conrad and Rennae Sweda (5/1/14-4/30/17), 21 meetings have been held to date; Mrs. Conrad has been absent 7 times, with consent. Mrs. Sweda has been absent 16 times, with consent due to illness. Current Members: Chair Jamie Gamiotea Vice -Chair Rennae Sweda Lynn Boak Melissa Close Louise Conrad Ted Denisuk Jim Pippin Michelle Sanders (Alternate) Vacancy (Alternate) Two motions are needed: 1. Motion to re -appoint Mrs. Louise Conrad and Mrs. Rennae Sweda, as Regular Members to the Code Enforcement Board, terms being May 1, 2017, to April 30, 2020. 2. Motion to appoint an Alternate Member to the Code Enforcement Board, term being May 1, 2017, to April 30, 2020. City of.0keechobe_e 55 Southeast 3' Avenue -4c Okeechobee -i�r Florida s4r 34974 * (863) 763-3372 APPLICATION FOR CITY BOARD/COMMITTEE APPOINTMENTS- IA' -- Please print or type all information_ The information from this application will be used by the City Council in considering action on your appointment. The application MUST BE COMPLETED IN FULL. Answer "none" or "not applicable" where appropriate. CHECK BOARD(S) OF INTEREST TO YOU A COPY OF EACH BOARDS DUTIES, MEETING DATES & TIMES ARE ATTACHED CITY RESIDENCE IS A REQUIREMENT for the OUA, Pension and Code Enforcement Boards. O Planning Board — Board M Code ❑ Okeechobee Utility ❑ General Employees O Other: of Adjustment & Appeals - Enforcement Authority Board of & CILIA Pension Fund Design Review Board Board Directors Trustee's APPLICANTS FULL NAME: Beverly Michelle Bernst NAME COMMONLY USED: Beverly RESIDENCE ADDRESS: 11 Years Is this in the City Limits? MYes ONO, HOW LONG AT ADDRESS: MAILING ADDRESS: Same as above HOME TELEPHONE: NA CELUOTHER TELEPHONE: CURRENT EMPLOYER & OCCUPATION - _PSOAL I-ORNI _ IO, EXEiM D. _„ ON PUB I" LIC RECORD BUSINESS ADDRESS: PER, FLORIDA STATUTE 1'I9.07'I (3) @Yes ONO, explain.- WORK TELEPHONE: FAX NUMBER(S): DATE OF BIRTH: ARE YOU A US CITIZEN? FLORIDA REGISTERED VOTER? ®Yes County Registered in: Okeechobee ❑No EDUCATION: High School Name & Location: Okeechobee High School, Okeechobee,FL Year Graduated: 2000 POST SECONDARY EDUCATION: NAME & LOCATION: DATES ATTENDED: CERTIFICATEMEGREE RECD: South Florida CC 2000-2001 NA Indian River CC 2001-2003 Associate Degree MILITARY SERVICE: DATES: BRANCH: DATE DISCHARGED: NA ARE YOU CURRENTLY EMPLOYED AS: DGeneral Contractor ❑Business Person DArcnitect OO (.,ALL THAT APPLY) GEngineer OSub-Contractor ❑Realtor DAtiorney ❑Doctor DSurveyor Lay Person OUrban Planner uLandscape Architect LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME & ADDRESS TYPE OF BUSINESS JOB TITLE DATES Pritchards & Associates Insurance Agency Receptionist 2006-2010 HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? OYES 9INO IF YES, LIST: AGENCY BOARD NAME POSITION DATES STATEYOUREXPERIENCESANDINTERESTSORELEMENTSOFYCURPERSONALHISTORYTHATQUALIFYYOU FOR THIS APPOINTMENT. I am a resident of the City of Okeechobee and I feel it is important to maintain a safe and enjoyable place to live and work. HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? MYES ONO, IF YES, LIST: I held a Real Estate license from 2005-2009. ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? OYES WNO IF YES, LIST: OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THE TERMS LEADING TO THE REDUCTION OR DISMISSAL OF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) OYES MNO IF YES, DESCRIBE. - Where convicted: Date of conviction. - DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO AT i END FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ,ANNUALLY WITH THE STATE? No. HAVE YOU EVER BEEN FOUND IN VIOLATION OF FLORIDA STATUTES CHAPTER 112, PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? OYES WINO IF YES, LIST: DATES NATURE OF VIOLATION: DISPOSITION: THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATE GOVERNMENTS REQUIRE THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: SEX: OMALE NFEMALE ETHNIC GROUP: WAUCASIAN ❑BLACK ❑SPANISH HERITAGE ONATIVE AMERICAN OASIAN OR PACIFIC ISLANDER OOTHER(specify): /ALL THAT APPLY: OWARTIME PERIOD VETERAN ODISABLED VETERAN OVIETNAM VETERAN HANDICAPPED STATUS: OYES 9INO IF YES, WHAT IS THE HANDICAP? ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE M OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)1? ¢AYES ONO DESCRIBE ANY SKI LLSAND BACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BE HELPFUL TOTHE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. STATEMENT OF APPLICANT: I certify that the answers are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. t hereby acknowledge that I have read and understand each of the above statements. Signature of Applicant: Date: A51 17 i L/ @The City Code Book Sec. 70-151, 70-171, 70-19170-211 read: "....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," ®Other covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see §119.07(3)(k)1, F.S.j. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3RD AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY.• BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: IL I 55 Southeast 3rtl Avenue Okeechobee * Florida * 34974 * (863) 7 72 ,i,- , FO-Y- APPLICATION FOR CITY BOARD/COMM(TTPF APPnIHTUPhtT-c • ;. Please print or type all information. The information from this application will be iised. by thdTity Council in considering action on your appointment. The application MUST BE COMPLETED IN FULL. Answer "none" or "not applicable" where appropriate. - ✓CHECK BOARD(S) OF INTEREST TO YOU A COPY OF EACH BOARDS DUTIES, MEETING DATES & TIMES ARE ATTACHED CITY RESIDENCE IS A REQUIREMENT for the OUA, Pension and Code Enforcement Boards. ❑ Planning Board — Board )(Code 0Okeechobee Utility ClGeneral Employees ❑ Other: of Adjustment & Appeals — Enforcement Authority Board of & CILIA Pension Fund Design Review Board Board Directors Trustee's APPLICANTS FULL NAME: ` J J Ine3tC-:t NAME COMMONLY USED: 0 RESIDENCE ADDRESS: v C. is �Ec ill! �C C HOW LONG AT ADDRESS: Years P ro 0 1/u&/J i,v Caw;,; `f Is this in the City Limits. Yes ONo MAILING ADDRESS: S'n C HOME TELEPHONE: 1, 3 % CELLIOTHER TELEPHONE: CURRENT EMPLOYER & OCCUPATION: ixE /rgL1J' BUSINESS ADDRESS: 1U WORK TELEPHONE: nj FAX NUMBER(S): 3 ,t DATE OF BIRTH: ARE YOU A US CITIZEN? 19Yes ONO, explain: FLORIDA REGISTERED VOTER? 1RYes County Registered in: C` KECC}{vi3�C ❑NO EDUCATION: High School Name & Location: diE,n r Year Graduated: M POST SECONDARY EDUCATION: NAME & LOCATION: DAT ES ATTENDED: CERTIFICATEIDEGREE REC'D: 19, 'ift. Gs:.C.E G , tJ� . �i4 �ovgS MILITARY SERVICE: r DATES: 196! BRANCH: �iiji DATE DISCHARGED: l �l Eiu .S i��-Tr�� .?4 r; t)cG',�iN� l3c:.•tL�y C,�lS/_� ARE YOU CURRENTLY EMPLOYED AS: General Contractor ❑Business Person ❑Architect p (✓ALL THAT APPLY) :Engineer ❑Sub -Contractor ❑Realtor 11 h L t ! � � P ❑Attorney ❑Doctor ❑Surveyor ❑Lay Person ❑Urban Planner ❑Landscape Architect LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME &ADDRESS TYPE OF BUSINESS JOB TITLE DATES /V /14 l d b l,6ti£Z9£99 leiier pago�j dZ6 £0 'L 1, 0 L aaA HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON ACITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? OYES VNO IF YES, LIST: AGENCY BOARD NAME POSITION DATES STATE YOUR EXPERIENCES AND INTERESTS OR ELEMENTS OF YOUR PERSONAL HISTORY THAT QUALIFY YOU FOR THIS APPOINTMENT. LUn�irlcto'Z Y'b,, evE:�`� yC;1:;.� HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? 39YES ❑N0. IF YES, LIST: C l C . ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? DYES BS NO IF YES. LIST: OFFICE TITLE DATE OF ELECTION TERM — LEVEL OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THE TERMS LEADING TO THE REDUCTION OR DISMISSAL OF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of S150 or less was paid) OYES 161 IF YES, DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? HAVE YOU EVER BEEN FOUND IN VIOLATION OF FLORIDA STATUTES CHAPTER 112. PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? DYES ERNO IF YES, LIST: DATE: NATURE OF VICLATION: DISPOSITION - THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATE GOVERNMENTS REQUIRE THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS_ INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: SEX- XNIALE OFEMALE ETHNIC GROUP: WCAUCASIAN OBLACK ❑SPANISH HERITAGE QNATIVE AMERICAN ❑ASIAN OR PACIFIC ISLANDER DOTHER(specify): ,,ALL THAT APPLY: OWARTIME PERIOD VETERAN CJDISABLED VETERAN OVIETNAM VETERAN HANDICAPPED STATUS: OYES ;qNO IF YES, WHAT IS THE HANDICAP? Z d b L6bEZ9C98 japer }aago�j dCt7: ;O 'L L 0 L aeol ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE 0 OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k) I ? DYES UNO All information provided on this application is subject to public record laws. DESCRIBE ANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BE HELPFUL TO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. we,9j:7ik-+d4S7-q`� I rs;Z -- r9 + ��i� :� s- fJ`%S7'��.T�r� �-i:��j✓o�1fi:v i ,y�:�7.3` FC�3 7rlfE- %�C-ii•r'1/J�::OJ /a S.yt;G -- !,�% i 1-4 STATEMENT OF APPLICANT: I certify that the answers are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clark. I further understand all information provided becomes a matter of public record. CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. I hereby acknowledge that I have read and understand each of the above statements. Signature of Applicant:Date:__--� OThe City Code Book Sec. 70-151, 70-171, 70-19170-211 read ".. .membership ofthe 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." 00ther covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue coliection and enforcement of child support enforcement and certain investigators in the department of children and families [see § 1 19.07(3)(k)1, F.S.]. ALL INFORMATION PROVIDED ON THIS FORM IS A PUBLIC RECORD, unless you qualify as exempt under the statute, DO NOT provide information you do not want to be given to the public. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 30' AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY. BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: £ d Vl15KZ9£99 la!aef jjago2j d£b-.£0'Ll, 0L 1eVV