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2019-02-19CITY OF OKEECHOBEE _w ... FEBRUARY A, 2M, REGULAR CITY COUNCIL MEETING 55 SE 3RD jVE9UE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL P".CTION PAGE 1 OF 8 AGENDA II COUNCIL ACTION - DISCUSSION - VOTE I. CALL TO ORDER - Mayor February 19, 2019, City Council Regular Meeting, 6:00 P.M. II. OP&ING CEREMONIES Invocation given by Jim Shevlin, Church of Our Saviour; Pledge of Allegiance to be led by Mayor Watford. Ill. MAYOR, COUiJCIL AND STAFF ATTENDANCE - City Clerk - Mayor Dowling R. Watford, Jr. Council Member Wes Abney Council Member Monica M. Clark Council Member Bob Jarriel Council Member Bobby Keefe 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. AG2NDA AND PUBLIC COMMENTS • Mayer A. Requests for the addition, deferral or withdrawal of items on today's agenda. 83 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. !. PROCLAMATIONS AND PRESENTATIONS �,. Present a Five -Year Longevity Service Award to Adela Nunez, Police Department. Mayor Watford called the February 19, 2019, Regular City Council Meeting to order at 6:00 F.M. The invocation was offered by Father 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 Present Present Present Present Present Present Present Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. Proclamations and Presentations Item V.A. was withdrawn. Mayor Watford opened the floor for public comment on matters not on the agenda; there were none. This item was withdrawn, as Ms. Nunez was not able to attend, and will not be placed back on the agenda. Clerk Gamiotea will arrange the presentation of her certificate and engraved pen. 431 432 AGENDA VI. MINUTES - City Clerk A. Motion to approve the Summary of Council Action for the February 5, 2019, Regular Meeting. VII. WARRANT REGISTER - City Administrator A. Motion to approve the January, 2019 Warrant Register: General Fund..........................................................................$693,949.52 Capital Improvement Projects Fund........................................$277,486.56 Public Facilities Improvement Fund ........................................$ 39,996.81 Law Enforcement Special Fund ..............................................$ 56.00 Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No, 1178 by title only, Abandonment of Right -of -Way, Petition No. 18-002-SC, submitted by Delbert and Donna Howard, to close Southwest 18th Street between Southwest 2nd Avenue and Southwest 3rd Avenue - City Attorney (Exhibit 1). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 1178 by title only FEBRUARY 19, 2019 - REGULAR MEETING - PAGE 2 OF 8 COUNCIL ACTION - DISCUSSION - VOTE Council Member Clark moved to dispense with the reading and approve the Summary of Council Action for the February 5, 2019, Regular Meeting; seconded by Council Member Keefe. There was no discussion on this item. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Jarriel moved to approve the January, 2019 Warrant Register in the amounts: General Fund, six hundred ninety-three thousand, nine hundred forty-nine dollars and fifty-two cents ($693,949.52); Capital Improvement Projects Fund, two hundred seventy-seven thousand, four hundred eighty-six dollars and fifty-six cents ($277,486.56); Public Facilities Improvement Fund, thirty-nine thousand, nine hundred ninety-six dollars and eighty-one cents ($39,996,81); and Law Enforcement Special Fund, fifty-six dollars and zero cents ($56.00); seconded by Council Member Abney. There was no discussion on this item. WATFORD — YEA JARRIEL — YEA VOTE: ABNEY — YEA CLARK — YEA KEEFE— YEA MOTION CARRIED. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:04 P.M. Council Member Clark moved to read proposed Ordinance No. 1178 by title only, Abandonment of Right -of -Way, Petition No. 18-002-SC, submitted by Delbert and Donna Howard, to close Southwest 18th Street between Southwest grid and 3rd Avenues; seconded by Council Member Keefe. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1178 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN STREETS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, A PORTION OF SOUTHWEST 18TH STREET BETWEEN SOUTHWEST 2"D AND 3Ro AVENUES, FIRST ADDITION TO SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 17 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSE'S; 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." FEBRUARY 19, 2019 - REGULAR MEETING - PAGE 3 OF 8 433 AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A.2.a) Motion to adopt proposed Ordinance No. 1178 - Technical Review Committee and Planning Board recommend approval. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read proposed Ordinance No. 1179 by title only, amending the Zoning Map as submitted by Petition No. 19-001-R, Southeast Investments, Inc,, rezoning Lots 1 through 4 and 7 through 12 of Block 156, OKEECHOBEE, located in the 200 block of West North Park Street - City Planning Consultant (Exhibit 2). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 1,179 by title only COUNCIL ACTION - DISCUSSION - VOTE Council Member Clark moved to adopt proposed Ordinance No. 1178; seconded by Council Member Abney. Mayor Watford yielded the floor to Mr, Bill Brisson, Senior Planner with LaRue Management, who explained the Technical Review Committee (TRC) and Planning Board have recommended approval with the condition of reserving the North half of Southwest 18th Street as for an Okeechobee Utility Authority (OUA) easement with unrestricted 24-hour access. The City Public Works Department also requires an access easement for the entire portion of Southwest 18th Street. The easements have been properly addressed within the Ordinance. The applicants, Mr. and Mrs. Howard, own Lots 1 and 2 of Block 36; Faith Christian Center of Okeechobee Inc. owns Lots 7 and 8 of Block 36; Marilyn Frazier owns Lots 5 and 6 of Block 33; and Carl and Cassie Murphy own Lots 11 and 12 of Block 33, FIRST ADDITION TO SOUTH OKEECHOBEE. Mayor Watford asked whether there were any questions or comments from the public; there were none. The applicants were in attendance to answer questions. The Council did not have any comments or questions as this item was reviewed and discussed thoroughly at the first reading held February 5, 2019. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Clark moved to read proposed Ordinance No. 1179 by title only, amending the Zoning Map as submitted by Petition No. 19-001-R, Southeast Investments, Inc., rezoning Lots 1 through 4 and 7 through 12 of Block 156, OKEECHOBEE, located in the 200 block of West North Park Street; seconded by Council Member Keefe, VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1179 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CENTRAL BUSINESS DISTRICT TO HEAVY COMMERCIAL ZONING DISTRICT (PETITION NO. 19-001-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 434 FEBRUARY 19, 2019 - REGULAR MEETING - PAGE 4 OF 0 AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED B.2.a) Motion to adopt proposed Ordinance No. 1179. b) Public comments and discussion. c) Vote on motion. C.1.a) Motion to read proposed Ordinance No. 1180 by title only, Abandonment of Right -of -Way Petition No. 19-001-AC, submitted by Southeast Investments, Inc., to close the East to West Alleyway in Block 156, Okeechobee - City Attorney (Exhibit 3). b) Vote on motion. COUNCIL ACTION - DISCUSSION - VOTE Council Member Abney moved to adopt proposed Ordinance No. 1179; seconded by Council Member Clark. Mayor Watford yielded the floor to Planner Brisson, who presented the Petition information, explaining that the Planning Board recently reviewed the request and found it to be consistent with the Comprehensive Plan and unanimously recommends approval. Mayor Watford asked whether there were any questions or comments from the public; there were none. Mayor Watford noted he had the same concerns as stated at the first reading held February 5, 2019. He considers this to be spot zoning and that will lead to different development within the downtown district. There will be traffic issues caused by the lack of a left-hand turn for eastbound traffic on North Park StreeYState Road 70, and the location of the proposed Wawa will directly impact the First United Methodist Church. He then expressed his disappointment in the way the applicant has failed to address these concerns. Council Member Keefe appealed to the applicant to utilize billboard signage that will provide direction on where to turn for eastbound traffic, as this may help alleviate any possible traffic issues caused by the no left-hand turn. Council Members Clark and Jarriel expressed their support for the new business. Administrator MontesDeOca added the applicant has responded to and addressed all Staff comments from the Technical Review Committee meeting. Clerk Gamiotea noted there were eight notices mailed to surrounding property owners, four signs posted on the property, and it was published in the newspaper as required. The City has not received any correspondences or phone calls on the proposed rezoning. There being no further discussion offered by the Council or the public, Mayor Watford called for a vote. WATFORD — NO JARRIEL — YEA VOTE: ABNEY — YEA KEEFE — YEA CLARK — YEA MOTION CARRIED. Council Member Keefe moved to read proposed Ordinance No. 1180 by title only, Abandonment of Right -of -Way Petition No. 19-001-AC, submitted by Southeast Investments, Inc., to close the East to West Alleyway in Block 156, OKEECHOBEE; seconded by Council Member Clark. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. FEBRUARY 19, 2019 - REGULAR MEETING - PAGE 5 OF 6 435 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED C.1.c) City Attorney to read proposed Ordinance No. 1180 by title only 2.a) Motion to adopt proposed Ordinance No. 1180 - Technical Review Committee and Planning Board recommend approval. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor IX. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1181 by title only, and set March 5, 2019, as the Final Public Hearing date, transferring all responsibility of code enforcement from the Fire Department to the Police Department - City Attorney (Exhibit 4). Attorney Cook read proposed Ordinance No. 1180 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN ALLEY OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 156, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NONEXCLUSIVE 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." Council Member Jarriel moved to adopt proposed Ordinance No. 1180; seconded by Council Member Abney. Mr, Brisson explained the Applicant, Steve Lipofsky, P.E,, of Southeast Investments, Inc,, is requesting to abandon the East to West Alleyway in Block 156. Lots 1 to 4 are owned by 205 North Parrott Ave Holdings, LLC; Lots 5 to 10 are owned by JMass Management, LLC; and Lots 11 and 12 are owned by David R. Watford. All property owners are under contract negotiations to sell their lots to Southeast Investments Inc. There will be easements reserved for utilities as specified in the Petition. All easements are addressed on Exhibit B of the proposed Ordinance. Administrator MontesDeOca confirmed with Attorney Cook that the effective date of the Ordinance will be once the proposed re -assigned easements are recorded. Mayor Watford asked whether there were any questions or comments from the public; there were none. The applicant was in attendance. The Council did not have any comments or questions as this item was thoroughly reviewed and discussed at the first reading held February 5, 2019. VOTE: WATFORD e YEA ABNEY -- YEA CLARK W YEA JARRIEL -a YEA KEEFE — YEA MOTION CARRIED. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:17 P.M. Council Member Keefe moved to read proposed Ordinance No. 1181 by title only, and set' March 5, 2019, as the Final Public Hearing date, transferring all responsibility of code enforcement from the Fire Department to the Police Department; seconded by Council Member Clark. FEBRUARY 19, 2019 - REGULAR MEETING - PAGE 6 of 8 436 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED A.1.1b) Vote on motion to read proposed Ordinance No. 1181 by title only, and VOTE: cet March 5, 2019, as the Final Public Hearing date. WATFORD—YEA ABNEY—YEA CLARK-- YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1181 by title only. Attorney Cook read proposed Ordinance No. 1181 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA TRANSFERRING RESPONSIBILITY FOR ALL CODE ENFORCEMENT PURSUANT TO FLORIDA STATUTES CHAPTER 162 FROM THE FIRE DEPARTMENT TO THE POLICE DEPARTMENT, AMENDING THE CODE OF ORDINANCES, CHAPTER 2 ADMINISTRATION, ARTICLE 111, DIVISION 6, SECTION 2-172 THEREOF; AMENDING THE CODE OF ORDINANCES, CHAPTER 2 ADMINISTRATION, ARTICLE 111, DIVISION 6, SECTION 2-173 THEREOF; AMENDING THE CODE OF ORDINANCES, CHAPTER 18, ARTICLE 11, SECTION 13-34 THEREOF, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to approve the first reading of proposed Ordinance No. 1181. Council Member Jarriel moved to approve the first reading of proposed Ordinance No. 1181; seconded by Council Member Keefe. b) Public comments and discussion. Attorney Cook explained he and Police Chief Peterson briefly met prior to the meeting and discussed amending the language of Section 3, second paragraph, first sentence to read: "...direct his the code enforcement officers iR or her law enforcement officers in the investigation..." Council Member Clark moved to amend the motion to approve the first reading of proposed Ordinance No. 1181, by amending Section 3 (second paragraph, first sentence), after the word direct, delete "his," remove the strikethrough on "the code enforcement officer" and make officer plural, delete "her,"; seconded by Council Member Keefe. VOTE ON MOTION TO AMEND: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTIONJo AMEND CARRIED. Mayor Watford asked whether there were any questions or comments from the public; there were none, There being no further Council discussion, Mayor Watford called for a vote on the motion as amended. c) Vote on motion. VOTE ON MOTION AS AMENDED: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE -- YEA MOTION CARRIED As AMENDED. FEBRUARY 19. 2019 - REGULAR MEETING - PAGE 7 OF 8 437 AGENDA IX. NEW BUSINESS CONTINUED B. Consider a motion to reappoint the City's representatives to the Okeechobee Utility Authority Board of Directors, regular member being Mr. Steve Nelson for a four-year term through March 1, 2023, and alternate member being Mr. Jeffrey Fadley for a two-year term through March 1, 2021 - City Clerk (Exhibit 5). C. Consider the creation of a City of Okeechobee Code of Conduct Manual for members of the City Council - Council Member Keefe. D. Consider hosting a "Town Hall" meeting for City residents and business owners - Council Member Jarriel. COUNCIL ACTION - DISCUSSION - VOTE Council Member Clark moved to re -appoint the City's representatives to the Okeechobee Utility Authority Board of Directors, regular member being Mr. Steve Nelson for a four-waar term through March 1, 2023, and alternate member being Mr, Jeffrey Fadley for a two-year term through March 1, 2021; seconded by Council Member Abney. Mr. Nelson requested to be re -appointed and continue to serve as the regular member. Mr. Fadley requested to be re -appointed and continue to serve as the Alternate Member, if no other person is interested, and noted he has had to be absent for several meetings due to his law office court dates conflicting with the daytime meetings. Mr. Fadley was in attendance and reiterated the reason for his absences. The Mayor and Council thanked Mr. Nelson and Mr. Fadley for their continued service to the City. VOTE: WATFORD — YEA ABNEY e YEA CLARK o YEA JARRIEL — YEA KEEFE e YEA MOTION CARRIED. Council Member Keefe initially introduced the idea of creating a Code of Conduct Manual at the February 5, 2019, meeting. He requested the Council be provided, via email only, copies of rules and Codes of Conduct from the City of Bell, California; Sterling Heights, Michigan; City of Evans, Colorado; and Grayling, Michigan. He also thanked Clerk Gamiotea for obtaining and forwarding copies of manuals from the City of Dunnellon, City of Punta Gorda, City of Sanibel, City of Stuart, Town of Indian River Shores, City of Venice, and Village of Biscayne Park. Mayor Watford suggested the manual focus on the main points and key topics newly elected officials would need to know initially. Council Members Abney and Jarriel agreed the manual would be a great addition. Council Member Clark also agreed, adding she would like to have a staff telephone directory included in the manual. After a brief discussion, Mayor Watford asked Clerk Gamiotea to prepare a draft and bring the matter back for further consideration. Council Member Jarriel moved to host a "Town ball" meeting workshop for City residents and business owners; seconded by Council Member Keefe. Council Member Jarriel explained during his campaign efforts, citizens voiced their concerns to him, Hosting a "Town Hall" meeting would give them an opportunity to express these concerns and praises in a non -formal setting. He would like for this meeting to be advertised and a flyer created for distribution, adding he would distribute it to neighborhoods. The consensus of the discussion was to ensure a controlled environment, provide an open forum with talking points such as what is the City excelling at; what areas can the City do better; and what is the purpose of the City (mission/vision). Mayor Watford requested Clerk Gamiotea contact the School Board to determine whether the meeting could be held at the Okeechobee Freshman Campus auditorium, preferably on a Tuesday at 6:00 or 6:30 P.M. If need be the March 19, 2019, Council meeting could be cancelled in place of hosting this. Once the venue is set, advertising can begin. • FEBRUARY 19, 2019 - REGULAR MEETING - PAGE H OF 8 AGENDA COUNCIL ACTION -DISCUSSION -VOTE IX. NEW BUSINESS CONTINUED D. Consider hosting a "Town Hall" meeting for City residents and business owners continued. X. COUNCIL COMMENTS A. Mayor Watford, B. Council Member Abney. C. Council Member Clark. D. Council Member Jarriel. E. Council Member Keefe. XI. 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. ATTEST: Dowling R. Watford, Jr:, Mayor 4n �- Lane Gamiotea, CHIC, City;Clerk VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Mayor Watford had no items to discuss. Council Member Abney asked how unfinished business is addressed on the agenda. Mayor Watford explained the item is placed on the agenda as necessary, Council Member Clark had no items to discuss. Council Member Jarriel expressed his appreciation for the approval of the Town Hall meeting, and that the residents need to know it was a unanimous decision by the Council. Council Member Keefe expressed his interest in performing a review of the City Charter, Code of Ordinances, Zoning Map, Future Land Use Map, and Comprehensive Plan. The intent of the review is to determine where the City is at and where it needs to be. Mayor Watford provided insight on the necessary steps needed to accomplish these tasks, He recommended choosing one or two tasks to be discussed during budget preparations. Council Member Clark suggested requesting Mr. Brisson to provide a list of priorities the City needs to work toward as most of these topics relate to matters handled by the planning consultant; Council Members Abney and Jarriel agreed. Administrator MontesDeOca explained Mr. Brisson will no longer be the City's Planner from LaRue Planning and Management Services, Mr. Ben Smith will be assigned to our City beginning in April, The Council requested these recommendations be discussed with Mr. Brisson at the next meeting. There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 7:00 P.M. The next regular scheduled meeting is March 5, 2019. STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee Count- Florida, that the attached copy of advertisement being a I U- C i�(r-t'A'C-Q' in the matter of ��111GZ 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 Lake 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 or publication in the said newspaper. Katrina Elsken Sworn to and subscribed before e this t day of � ice) aG' AD Notary Public, State of Florida at Large lq— •ram•, ANGLE BRIDGES I MY COMMISSION FF 978149 :o WIRES:Apra20,2020 �':? o'r BOfldOdT1Y11('i0�ifjfPU�CUfIC9itAT163ts Lake Okeechobe�N�k�s 107 SW 17th �-1,act, Suite OkeechobeeS,TiI rida 34974; .�, °'ri 863-3 i� MYOFoKEECHOBEE QiYCDUNmMEEHNG NOHCESHFRESYGrANMtheQv WdfortheQyoramdnbee WE mrdnd a leg" Meetttg on Feb. 39, 7A19. 6 vM v as soon a nee9a as per, at aY t�4 SS SE aid AEG Rm 2DO, CkmdnbM R. Thegbk5FMedandgm�ra9edt�aterdThe 5er rte/beodatr� from a b1 DEng the OffcP d the Oty!�dN�tramG 8 3372e>d9m ' ANY PERSON DECm7NG 70 APPEAL any dectbn. rtt� by the W Q7ud wth re m any matter ansI I at mts meetrg we need to e - sreavebeltn.=dthepnocesli ISpMaadaandthe remdYda�sthe Am�eforc "h O�dab8i�Act (A�, i � �w1h a was deft by the AA4 that meads %pedal = to in ft goocedrig,oxb2the QyOatc;Ofii� ro hherthanW- der$ days pdor bb pp�i000�i 86i-7633i72 e� 9814 , BE ADMI.Sm drat eticuld you tied to shav ary doamat . pt�� Ndeo or tens to the Caul h stppert or oppo�lxr to arty ten on the a9rt�, a d the doamei WA cr tan MUSE be piwidaf m the aY hforemp=njeRxt t11)! C17(nP1-9latr°`d x fi CITY OF OKEECHOBEE 55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974 FEBRUARY 19, 2019 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA I. CALL TO ORDER — Mayor: February 19, 2019, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by 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 Wes Abney Council Member Monica Clark Council Member Bob Jarriel Council Member Bobby Keefe 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. PAGE 1 OF 4 February 19, 2019 PAGE 2 of 4 PROCLAMATIONS AND PRESENTATIONS — Mayor A. Present a Five -Year Longevity Service Award to Adela Nunez, Police Department. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the February 5, 2019 regular meeting. WARRANT REGISTER — City Administrator A. Motion to approve the January 2019 warrant register. General Fund $693,949.52 Capital Improvement Projects Fund $277,486.56 Public Facilities Improvement Fund $ 39,996.81 Law Enforcement Special Fund $ 56.00 VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayor A.1.a) Motion to read proposed Ordinance No.1178 by title only, Abandonment of Right -of -Way, Petition No.18-002-SC, submitted by Delbert and Donna Howard, to close SW 18th Street between SW 2nd Avenue and SW 3ro Avenue — City Attorney (Exhibit 1). b) Vote on motion. c) City Attorney to read proposed Ordinance No.1178 by title only. 2.a) Motion to adopt proposed Ordinance No.1178 — TRC and Planning Board recommend approval b) Public comments and discussion. c) Vote on motion. r� - 14 VIII. PUBIC HEARING FOR ORDINANCE ADOPTION CONTINUED B.1.a) Motion to read proposed Ordinance No.1179 by title only, amending the Zoning Map as submitted by Petition No.19-001-R, Southeast Investments, Inc., rezoning Lots 14 and 7-12 of Block 156, Okeechobee, located in the 200 block of West North Park Street — City Planning Consultant (Exhibit 2). b) Vote on motion. c) City Attorney to read proposed Ordinance No.1179 by title only. 2.a) Motion to adopt proposed Ordinance No.1179. b) Public Comments and Discussion. c) Vote on motion. C.1.a) Motion to read proposed Ordinance No.1180 by title only, Abandonment of Right -of -Way Petition No.19-001-AC, submitted by Southeast Investments, Inc., to close the East to West Alleyway in Block 156, Okeechobee — City Attorney (Exhibit 3). b) Vote on motion. c) City Attorney to read proposed Ordinance No.1180 by title only. 2.a) Motion to adopt proposed Ordinance No.1180 — TRC and Planning Board recommend approval b) Public Comments and Discussion. c) Vote on motion. CLOSE PUBLIC HEARING February 19, 2019 PAGE 3 OF 4 February 19, 2019 PAGE 4 of 4 IX. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No.1181 by title only and set March 5, 2019 as the final public hearing date, transferring all responsibility of code enforcement from the Fire Department to the Police Department — City Attorney (Exhibit 4). b) Vote on motion. c) City Attorney to read proposed Ordinance No.1181 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No.1181. b) Public comments and discussion. c) Vote on motion. B. Consider a motion to reappoint the City's representatives to the Okeechobee Utility Authority Board of Directors, regular member being Mr. Steve Nelson for a four-year term through March 1, 2023, and alternate member being Mr. Jeffrey Fadley for a two-year term through March 1, 2021— City Clerk (Exhibit 5). C. Consider the creation of a City of Okeechobee Code of Conduct Manual for members of the City Council — Council Member Keefe D. Consider hosting a "Town Hall" meeting for City residents and business owners — Council Member Jarriel X. COUNCIL COMMENTS — Mayor XI. ADJOURN MEETING — Mayor PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the 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, February 19, 2019 Meeting Minutes taken during the meeting by Lane Gamiotea CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on February 19, 2019, at 6:00 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. II. OPENING CEREMONIES: The invocation given by Father Jim Shevlin, Church of Our Saviour; the Pledge of Allegiance was led by Mayor Watford. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Cowling R. Watford, Jr. Present Council Member Wes Abney Present Council Member Monica Clark Present Council Member Bob Jarriel Present Council Member Bobby Keefe Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Fire Chief Herb Smith Present Police Chief Bob Peterson Present Public Works Director David Allen 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. Withdraw Item A under presentations and proclamations. 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 asked whether there were any comment cards presented for public comment. There were none. V. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Present a Five -Year Longevity Service Award to Adela Nunez, Police Department. This item was withdrawn from the agenda, Mrs. Nunez was unable to attend. It will not be placed back on the agenda. VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the February 5, 2019 regular meeting. Council Member Clark moved to dispense with the reading and approve the Summary of Council Action for the February 5, 2019, Regular Meeting; seconded by Council Member Keefe. No discussion. WATFORD — YEA JARRIEL — YEA VOTE: ABNEY — YEA KEEFE — YEA CLARK — YEA MOTION CARRIED. Page 1 of 9 VII. WARRANT REGISTER — City Administrator A. Motion to approve the January, 2019 Warrant Register. General Fund $693,949.52 Capital Improvement Projects Fund $277,486.56 Public Facilities Improvement Fund $ 39,996.81 Law Enforcement Special Fund $ 56.00 Council Member Jarriel moved to approve the January, 2019 Warrant Register in the amounts: General Fund, sic hundred ninety-three thousand, nine hundred forty-nine dollars and fifty-two cents ($693,949.52); Capital Improvement Projects Fund, two hundred seventy-seven thousand, four hundred eighty-six dollars and fifty-six cents ($277,486.56); Public Facilities Improvement Fund, thirty-nine thousand, nine hundred ninety-six dollars and eighty-one cents ($39,996.81); and Law Enforcement Special Fund, fifty-six dollars and zero cents ($56.00); seconded by Council Member Abney. No discussion. WATFORD — YEA JARRIEL — YEA VOTE: ABNEY — YEA KEEFE — YEA Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayor MAYOR WATFORD OPNED THE PUBLIC HEARING AT 6:04 P.M. CLARK — YEA MOTION CARRIED. A.1.a) Motion to read proposed Ordinance No. 1178 by title only, Abandonment of Right -of -Way, Petition No. 18-002-SC, submitted by Delbert and Donna Howard, to close SW 18th Street between SW 2nd Avenue and SW 3rd Avenue — City Attorney (Exhibit 1). Council Member Clark moved to read proposed No. 18-002-SC, submitted by Delbert and Donn Avenues; seconded by Council Member Keefe. b) Vote on motion. WATFORD — YEA JARRIEL — YEA a Ordinance No. 1178 by title only, Abandonment of Right -of -Way, Petition Howard, to close Southwest 18th Street between Southwest 2nd and 3rd VOTE: ABNEY — YEA KEEFE — YEA c) City Attorney to read proposed Ordinance No. 1178 by title only. CLARK — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1178 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN STREETS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, A PORTION OF SOUTHWEST 18T" STREET BETWEEN SOUTHWEST 2ND AND 3Ro AVENUES, FIRST ADDITION TO SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 17 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 proposed Ordinance No. 1178 - TRC and Planning Board recommend approval. Council Member Clark moved to adopt proposed Ordinance No. 1178; seconded by Council Member Abney. Page 2 of 9 b) Public comments and discussion. The Applicants are requesting to abandon the unimproved right-of-way. Mr. and Mrs. Howard own Lots 1 and 2 of Block 36 and Faith Christian Center of Okeechobee Inc. owns Lots 7 and 8 of Block 36. Marilyn Frazier Revocable Trust owns Lots 5 and 6 of Block 33 and Carl and Cassie Murphy own Lots 11 and 12 of Block 33. All the adjoining property owners have no objection to vacating the Right -of -Way. The Petition was reviewed at the November 15, 2018, Technical Review Committee Meeting, a recommendation was made for approval with the following special conditions: Okeechobee Utility Authority (OUA) requires the North half of Southwest 18th Street to be reserved as an easement with unrestricted 24-hour access and with OUA being responsible only for restoration of seed/mulch/sod in the event work is required on the water main; the City of Okeechobee Public Works Department requires an access easement for the entire portion of Southwest 18th Street and a copy is needed of the agreement between the property owners on the West side of the Right -of -Way closest to Southwest 3rd Avenue. Planning Staff is recommending approval based on the following responses to the required findings. The property is designated Single -Family Residential on the Future Land Use Map (FLUM) and Residential Single Family One on the Zoning Map. It is not the sole means of access to any property. All adjoining or nearby properties have access via Southwest 2nd or 3rd Avenues. None of the East-West Right -of -Way between Southwest 2nd and 3rd Avenues South of 17th Street has been improved for vehicular traffic except for Southwest 21St Street which provides access to the development West of 5th Avenue. It should be noted it appears Faith Christian Center of Okeechobee Inc. has already utilized some of the Right -of -Way for its fenced in outdoor play area. 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. The Applicant has submitted letters of no objection from all utility companies. However, OUA requires the North half of 18th Street be reserved as an easement with OUA being granted unrestricted 24-hour access; with OUA being responsible only for restoration of seed/mulch/sod in the event work is required on the water main. Public comment? There was none. Council? None. C) Vote on motion. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. B.1.a) Motion to read proposed Ordinance No. 1179 by title only, amending the Zoning Map as submitted by Petition No. 19-001-R, Southeast Investments, Inc., rezoning Lots 1-4 and 7-12 of Block 156, Okeechobee, located in the 200 block of West North Park Street — City Planning Consultant (Exhibit 2). Council Member Clark moved to read proposed Ordinance No. 1179 by title only, amending the Zoning Map as submitted by Petition No. 19-001-R, Southeast Investments, Inc., rezoning Lots 1 through 4 and 7 through 12 of Block 156, OKEECHOBEE, located in the 200 block of West North Park Street; seconded by Council Member Keefe b) Vote on motion. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. C) City Attorney to read proposed Ordinance No. 1179 by title only. Attorney Cook read proposed Ordinance No. 1179 by title only as follows: "AN ORDINANCE OF THE CITY OF Page 3 of 9 OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CENTRAL BUSINESS DISTRICT TO HEAVY COMMERCIAL ZONING DISTRICT (PETITION N0. 19-001-R); AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 1179. Council Member Abney moved to adopt proposed Ordinance No. 1179; seconded by Council Member Clark. b) Public Comments and Discussion. Planner Brisson reviewed the Planning Staff Report stating the applicant, Steve Lipofsky, P.E., Southeast Investments, Inc., on behalf of Property Owners, JMass Management, LLC; David R. Watford; and 205 North Parrot Ave. Holdings, LLC is requesting to change the zoning to CHV from CBD for a 1.72 acre piece of property. He finds the application to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. He is recommending approval. Planning Staff's findings are as follows: The proposed rezoning is consistent with the Comprehensive Plan. The request involves a zoning change to CHV, which is a zoning district specifically cited in the Comprehensive Plan as appropriate for a property designated Commercial on the FLUM. The applicant is proposing several uses for the site. Both the restaurant and convenience store are specifically listed as permitted uses however; a convenience store with fuel pumps is listed as a special exception use in this district. The Applicant is applying for a Special Exception to be reviewed concurrently with this Zoning request. The proposed use will not have an adverse effect on the public interest. Even though the proposed uses are higher intensity than the current uses, will generate an increase in vehicle trips, and are likely to have some minimal impacts on the surrounding uses, the location is appropriate within the City. The requested CHV Zoning and proposed uses are slightly more intense than the surrounding zoning designations and existing uses, though the proposed use is not out of character for the State Road 70 (North West Park Street) commercial corridor. There are no residential uses in the surrounding area. The property to the immediate North of the subject property is designated Commercial on the FLUM and zoned Commercial Professional Office with the use being that of a church. The property to the East is designated Commercial on the FLUM and zoned CBD with the use being that of a Walgreens Store. The property to the South is designated Public Facilities on the FLUM and zoned Public Facilities with the use being that of a City Park. The property to the West is designated Commercial on the FLUM and zoned CBD with the use being that of an auto parts store. Since there is no surrounding residential, the proposed use should not be expected to adversely affect living conditions on adjacent or nearby properties. It is difficult to predict the effects on property values. However, the proposed site and landscape plans are nearly complete in compliance with City codes and the use should not deter the improvement or development of adjacent property. The applicant is providing landscape buffering in accordance with the City's requirements with the exception of the west side of the building and loading zone. This deficiency was outlined in the site plan review and a recommended condition of the approval was a two -foot landscape strip to be added between the two. The proposed use will not create a density pattern that would overburden public facilities or create an inappropriate density pattern in the area as the applicant is not proposing a residential use. The proposed site does not contain any drainage deficiencies and public safety should not be affected by the proposed uses. However, the proposed uses will generate an increase of vehicle trips at the site and it is recommended that the Applicant should quantify the existing queue on Northwest 2nd Avenue to ensure that there is no back-up onto Northwest Park Street as vehicles attempt to turn into the proposed Wawa. The proposed use has not been inordinately burdened by any unnecessary restrictions. Public? None. Page 4 of 9 Council comments. Watford — same as last time, I believe this is spot zoning issue, staff disagrees, not sure what their reasoning has to do with it, it bothers me some, lead to different development in downtown. Left-hand turn concerns me and with the general traffic issues it will create. Impacts the First United Methodist Church. Really disappointed the applicant has not made an effort to respond to the issues. When we have issues here, we go to one another and try to work them out. Clerk - 8 notices were mailed, sign posted. No comments or issues. Keefe — caveat on your (Watford) comment, signage on eastbound traffic, limited to providing signage by the city, appeal to the applicants to consider this, maybe they could look into the bill board that is located at Eli's. Jarriel — as I travel everything I want to go to is on the wrong side of the road but I find a way to get there. Clark — went to school in PA and glad to see them in FL. MDO — staff level applicant responded to all staff TRC comments, they submitted and I've forwarded to rest of staff to review. c) Vote on motion. VOTE: WATFORD — NO ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. C.1.a) Motion to read proposed Ordinance No. 1180 by title only, Abandonment of Right -of -Way Petition No. 19-001-AC, submitted by Southeast Investments, Inc., to close the East to West Alleyway in Block 156, Okeechobee — City Attorney (Exhibit 3). Council Member Keefe moved to read proposed Ordinance No. 1180 by title only, Abandonment of Right -of -Way Petition No. 19-001-AC, submitted by Southeast Investments, Inc., to close the East to West Alleyway in Block 156, OKEECHOBEE; seconded by Council Member Clark. b) Vote on motion. WATFORD — YEA JARRIEL — YEA VOTE: ABNEY— YEA KEEFE — YEA c) City Attorney to read proposed Ordinance No. 1180 by title only. CLARK — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1180 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN ALLEY OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 156, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5 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 proposed Ordinance No. 1180. Council Member Jarriel moved to adopt proposed Ordinance No. 1180; seconded by Council Member Abney. b) Public Comments and Discussion. Page 5 of 9 The Applicant, Steve Lipofsky, P.E., Southeast Investments, Inc., on behalf of Property Owners, JMass Management, LLC; David R. Watford; and 205 North Parrot Ave. Holdings, LLC, are requesting to abandon the alleyway. Lots 1 to 4 of Block 156 are owned by 205 North Parrott Ave Holdings, LLC, Lots 5 to 10 are owned by JMass Management, LLC, and Lots 11 and 12 are owned by David R. Watford. All the adjoining property owners have no objection to vacating the Alleyway and are currently in negotiations to sell Lots 1 to 4 and 7 to 12. The Petition was reviewed this morning at the January 17, 2019, Technical Review Committee Meeting, and a recommendation was made for approval. There will need to be easements for the Okeechobee Utility Authority (OUA), Florida Power and Light (FPL), and Comcast cable, as they all have utilities located in the alleyway. Planning Staff is recommending approval based on the following responses to the required findings. The property is designated Commercial on the Future Land Use Map (FLUM) and Commercial Business District on the Zoning Map. It is not the sole means of access to any property. The two adjoining properties to the North are provided access via either Northwest 3rd Avenue or Northwest 2nd Street. It will be a benefit to the City to vacate the existing alleyway which will reduce the land the City is required to maintain and the property will be subject to ad valorem taxation. The Applicant has submitted letters of no objection from all utility companies. However, easements will be needed for some of the utility companies. (CenturyLink which has no facilities within the alley; Comcast which has reached agreement with Wawa with the stipulation that Wawa will reimburse Comcast for costs associated with relocating existing facilities; FPL, which has stated that they cannot sign -off until FPL has an easement in hand for utilities in the alleyway; and OUA has no objection provided the property owner relocates the existing water and sewer lines at Wawa's expense and provides corresponding 15' wastewater and 10' water easements are provided to OUA.) MDO — the new easements are the effective date? JCook — yes. c) Vote on motion. VOTE: WATFORD - YEA ABNEY - YEA CLARK - YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. CLOSE PUBLIC HEARING MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:17 P.M. IX. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1181 by title only and set March 5, 2019 as the final public hearing date, transferring all responsibility of code enforcement from the Fire Department to the Police Department — City Attorney (Exhibit 4). Council Member Keefe moved to read proposed Ordinance No. 1181 by title only and set March 5, 2019 as the Final Public Hearing date, transferring all responsibility of code enforcement from the Fire Department to the Police Department; seconded by Council Member Clark b) Vote on motion. VOTE: WATFORD - YEA ABNEY - YEA CLARK - YEA .JARRIEL - YEA KEEFE - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1181 by title only. Attorney Cook read proposed Ordinance No. 1181 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA TRANSFERRING RESPONSIBILITY FOR ALL CODE ENFORCEMENT PURSUANT TO Page 6 of 9 FLORIDA STATUTES CHAPTER 162 FROM THE FIRE DEPARTMENT TO THE POLICE DEPARTMENT; AMENDING THE CODE OF ORDINANCES, CHAPTER 2 ADMINISTRATION, ARTICLE 111, DIVISION 6, SECTION 2-172 THEREOF; AMENDING THE CODE OF ORDINANCES, CHAPTER 2 ADMINISTRATION, ARTICLE Ill, DIVISION 6, SECTION 2-173 THEREOF, AMENDING THE CODE OF ORDINANCES, CHAPTER 18, ARTICLE 11, SECTION 18-34 THEREOF, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE." IVLe we v lr- 2.a) Motion to approve the first reading of proposed Ordinance No. 1181. Council Member Jarriel moved to approve the first reading of proposed Ordinance No. 1181; seconded by Council Member Keefe. b) Public comments and discussion? None. (gfl0ry it A � J Council — Cook — Chief Peterson got with me before the meeting chan n wording in one paragraph on page 2.... Council Member Clark moved to amend the motion to ap cmf proposed Ordinance No. 1181 amending Section 3 (second paragraph, first sentence), after the word direct, delete "his," remove the strikethrough on "the code enforcement officer" and make officer plural, delete "her,"; seconded by Council Member Keefe. [the portion of the sentence will now read: " .... direct h+s the code enforcement officers iR or her law enforcement officers in the investigation ... " VOTE ON MOTION TO AMEND: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION TO AMEND CARRIED. Watford — any further discussion? None. c) Vote on motion. WATFORD — YEA JARRIEL — YEA VOTE ON MOTION AS AMENDED: ABNEY — YEA KEEFE — YEA CLARK — YEA MOTION CARRIED As AMENDED. B. Consider a motion to re -appoint the City's representatives to the Okeechobee Utility Authority Board of Directors, regular member being Mr. Steve Nelson for a four-year term through March 1, 2023, and alternate member being Mr. Jeffrey Fadley for a two-year term through March 1, 2021 — City Clerk (Exhibit 5). Council Member Clark moved to re -appoint the City's representatives to the Okeechobee Utility Authority Board of Directors, regular member being Mr. Steve Nelson for a four-year term through March 1, 2023, and alternate member being Mr. Jeffrey Fadley for a two-year term through March 1, 2021; seconded by Council Member Abney. Keefe — Mr. Fadley is in attendance. is Mr. Nelson in attendance don't know him? He was not in attendance. May I ask Mr. Fadley a question? DW — you can, he doesn't have to answer. Jeff — my law office keeps me very busy, if they cant make a quorem Mr. Hayford knows he can contact me and I make what arrange Thank you for serving. WATFORD — YEA JARRIEL — YEA VOTE: ABNEY — YEA KEEFE — YEA CLARK — YEA MOTION CARRIED. Page 7 of 9 C. Consider the creation of a City of Okeechobee Code of Conduct Manual for members of the City Council — Council Member Keefe. Keefe — thank clerk for due diligence obtaining other cities what they do. Example of what we could have to see what all we could have. Watford — defer to city clerk, what do you think? Gamiotea - Watford — don't want one thick, fairly brief and with the main points. Too lengthy. Concensus to have it. Abney - wouldn't hurt. Jarriel think it would be good — have Lane come up and it be a starting point. Mayor direct the Clerk. Clark — great idea, not super in depth Clark — I want a telephone directory for city staff in there. Watford — prepare and put it on the future agenda. Clark — didn't care of indian river shores. MDO — told Lane I like City of Bell 2 pages. Keefe thank you for taking the time to review. Mayor Watford ask Clerk Gamiotea to prepare a draft and bring the matter back for further consideration. D. Consider hosting a "Town Hall" meeting for City residents and business owners — Council Member Jarriel. Council Member Jarriel moved to host a "Town Hall" meeting workshop for City residents and business owners; seconded by Council Member Keefe. Watford mind giving thoughts on who would moderate. Jarriel when campaigning heard from people, need to give people the chance. Have it set up advertise, flyer onit and I'll tkake it and hand out to neighborhoods. Going to be disappointed if they don't attend. Like to have a time and advertisement it. Watford — not a formal planning session? Jarriel — leave that up to what council thinks. Keefe — if were all present, location, somewhat of an outline bullet points, talking points, get a room full of complainants. Like to see controlled environoment. Here's what we're looking for, Visions Statement, Mission Statement. What is our purose and see where they direct us. Clark — town hall meeting same way when campaigning two years ago problem here and there, Chief Peterson hears from me a lot, think we need to qualify the issues and then do another workshop after this one once we know what the issues are that they need address. Business owners — what are we doing good, could do better? Needs to be open forum with some bullets. Abney — great idea, more informal get off the Bias and meet with the public, great idea. Watford — had a couple meetings here recently. Huge difference in the two meetings. Could have turned into an unpleasant situation. Never forget, Sonny Williamson Chair County Planning Board. Contriversal issues, he'd tell people you are speaking to the board not others in the audience. Saying that it needs to be controlled. They can get out of hand. Be carefu. Workshop, each put a few bullets as a point of discussion or just let people come and talk. Jarriel — like staff to be there. Want people to bring to subject up. Think things they bring up wi Clark — want to call it a town hall meeting not a workshop. Don't have gripe session. Watford — time? 6 Clark — yes. Or 6:30, 7. MDO — Keefe — when are people available? Greatly appreciate 6 pm meetings. Watford — definitely hold it in the evening Town hall meeting — Try the freshman campus Look at March Mar Page 8 of 9 Mayor — to Clerk Gamiotea, try for a Tuesday, at 6 or 6:30 PM at the Auditorium at the Freshman Campus. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. X. COUNCIL COMMENTS — Mayor A. Mayor Watford — no comment. B. Council Member Abney - old business on agenda's? Watford when we have something, right Clerk? Gamiotea — unfinished business goes back on the agenda's if instructed by Council or matter left pending. C. Council Member Clark — none. D. Council Member Jarriel — glad approved town hall meeting, residents need to know 100% was for it. E. Council Member Keefe — limited to one. Really interested- in doing a charter review. Zoning Map, Future Land Use Map - ??? other one??? Review. Piece meal this map the comp plan was done in the 1990s. JCook — agree with charter review. FLUM — bill routinely brings items but not a full comprehensive amendment. Keefe — determine where the city is at and get it going. 2008 Historical ..... a couple of years ago on the planning board. Don't think it got to the city council. Think we need to do something. Watford — for comp plan you're going to need a consultant to do that. CFRPC did the original one ,do that on a regular basis. Suggest we want to do something we're going to have to budget for them, think about towards the budget process. I would suggest to now do all at the same time, most pertinent and do one at a time. If we wantot work on the one. Charter review commission at a lot of places. Same with LDR's. Clark — think Bill's a good resource, need to ask him for the most important things to work on. The states mandates a lot of whats required in them. Okee was known for not having good zoning and planning when they were first adopted. Ask him and see what those topics are. Abney — does Ben know what Bill knows. MDO — Bill will still be there, Ben has worked with him. Jarriel — on next agenda, or what meeting — make him talk to us. Everyone agreed. XI. ADJOURNMENT - Mayor There being no further items on the agenda, Mayor Watford adjourned the meeting at 7:00 P.M. Page 9 of 9 City of Okeechobee, Febrd% 19, 2019 Meeting Minutes taken during Lite meeting by Bobbie Jenkins CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on February 19, 2019, at io,� P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. OPENING CEREMONIES: The invocation given by Father 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 Wes Abney Present Council Member Monica Clark Present Council Member Bob Jarriel Present Council Member Bobby Keefe Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Fire Chief Herb Smith Present Police Chief Bob Peterson Present Public Works Director David Allen 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. Withdraw Item A under presentations and proclamations. 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 asked whether there were any comment cards presented for public comment. WlO&' V. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Present a Five -Year Longevity Service Award to Adela Nunez, Police Department. This item was withdrawn from the agenda, Mrs. Nunez was unable to attend. VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the February 5, 2019 regular meeting. Council Member II �y� moved to dispense with the readipg and approve the Summary of Council Action for the February 5, 2019, Regular Meeting; seconded by Council Member �!' �' 6 � t VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Page 1 of 17 VII. WARRANT REGISTER — City Administrator A. Motion to approve the January, 2019 Warrant Register. General Fund $693,949.52 Capital Improvement Projects Fund $277,486.56 Public Facilities Improvement Fund $ 39,996.81 Law Enforcement Special Fund $ 56.00 Council Member & moved to approve the January, 2019 Warrant Register in the amounts: General Fund, six hundred ninety-three thousand, nine hundred forty-nine dollars and fifty-two cents ($693,949.52); Capital Improvement Projects Fund, two hundred seventy-seven thousand, four hundred eighty-six dollars and fifty-six cents ($277,486.56); Public Facilities Improvement Fund, thirty-nine thousand, nine hundred ninety-six dollars and eighty-one cents ($39,996.81); and Law Enforcement Special Fund, fifty-six dollars and zero cents ($56.00); seconded by Council Member K)k . VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL —YEA KEEFE —YEA �"ARfE r1 VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayor Time: !V i A.1.a) Motion to read proposed Ordinance No. 1178 by title only, Abandonment of Right -of -Way, Petition No. 18 02-SC, submitted by Delbert and Donna Howard, to close SW 18th Street between SW 2nd Avenue and SW 3rd Avenue — City Attorney (Exhibit 1). fff Council Member 11 � moved to read proposed Ordinance No. 1178 by title only, Abandonment of Right -of -Way, Petition No. 18-002-SC, submitted by Delbert aMnna Howard, to close Southwest 18th Street between Southwest 2nd and 3rd Avenues; seconded by Council Member b) Vote on motion. VOTE: WATFORD — YEA ABNEY — YEA CLARK-_YEA____ JARRIEL — YEA KEEFE — YEA MOTION CARRIED c) City Attorney to read proposed Ordinance No. 1178 by title only. Attorney Cook read proposed Ordinance No. 1178 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN STREETS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, A PORTION OF SOUTHWEST 18TH STREET BETWEEN SOUTHWEST 2"D AND 3Ro AVENUES, FIRST ADDITION TO SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 17 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 proposed Ordinance No. 1178 - TRC and Planning Board recommend approval. Council Member I I Loved to adopt proposed Ordinance No. 1178; seconded by Council Member b) Public comments and discussion. HVWardS WJ vi pavol- Page 2 of 17 A.2.b) Public comments and discussion continued. l ri' SDYE - VYIQ f w Y Gu-�'e!1'� C) Vote on motion. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA .JARRIEL — YEA KEEFE — YEA MOTTb Vf AC Rf�IED. Page 3 of 17 B.1.a) Motion to read proposed Oralnance No. 1179 by title only, amending the coning Map as submitted by Petition No. 19-001-R, Southeast Investments, Inc., rezoning Lots 1-4 and 7-12 of Block 156, Okeechobee, located in the 200 block of West North Park Street — City Planning Consultant (Exhibit 2). Council Member I Voved to to read proposed Ordinance No. 1179 by title only, amending the Zoning Map as submitted by Petition No. 19-001-R, Southeast Investments, Inc., rezoning Lots 1 through 4 and 7 thrq 12 of Block 156, OKEECHOBEE, located in the 200 block of West North Park Street; seconded by Council Member // b) Vote on motion. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA TI EARI�fED. c) City Attorney to read proposed Ordinance No. 1179 by title only. Attorney Cook read proposed Ordinance No. 1179 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CENTRAL BUSINESS DISTRICT TO HEAVY COMMERCIAL ZONING DISTRICT (PETITION NO. 19-001-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 1179. Council Member Wk—moved to adopt proposed Ordinance No. 1179; seconded by Council Memberfl b b) Public Comments and Discussion. Clerk Gamiotea noted there were eight notices mailed to surrounding property owners, one sign posted on the property, and it was published in the newspaper as required. The City has not received any correspondences or phone calls on the proposed rezoning. Sf n _ �i90 �JY�s56Y► - l oaG�ln affn�d e�aff r n �Qy q fc 2-6 - A- r a/l 6a-1V A� 11s Ardt&Y�S� ldh& hm aY& ay&aV(y Page 4 of 17 B.2.b) Public comments and discussion continued. c) Vote on motion. VOTE: WATFORD :;,YEA--AX) ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA ION ARRIE . Page 5 of 17 C.1.a) Motion to read proposed Oralnance No. 1180 by title only, Abandonment oT Kight-of-Way Petition No. 19-001-AC, submitted by Southeast Investments, Inc., to close the East to West Alleyway in Block 156, Okeechobee — City Attorney (Exhibit 3). Council Member d moved to read proposed Ordinance No. 1180 by title only, Abandonment of Right -of -Way Petition No. 19-001-AC, submitted by SouInvestments,Investments, Inc., to close the East to West Alleyway in Block 156, OKEECHOBEE; seconded by Council Member b) Vote on motion. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED.�� C) City Attorney to read proposed Ordinance No. 1180 by title only. Attorney Cook read proposed Ordinance No. 1180 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN ALLEY OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 156, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5 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 proposed Ordinance No. 1180. i Council Member moved to adopt proposed Ordinance No. 1180; seconded by Council Member b) Public Comments and Discussion. IhDO- QvI ou� rQ carrd�cL WU lX MW a'vad PC- mo e, �bwav //?�� Page 6 of 17 C.2.b) Public comments and discus8l6h continued. c) Vote on motion. VOTE: WATFORD — YEA ABNEY — YEA — JARRIEL — YEA KEEFE — YEA IIO ED. CLOSE PUBLIC HEARING Time: Page 7 of 17 IX. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1181 by title only and set March 5, 2019 as the final public hearing date, transferring all responsibility of code enforcement from the Fire Department to the Police Department — City Attorney (Ex hibit 4). Council Member to read proposed Ordinance No. 1181 by title only and set March 5, 2019 as the Final Public Hearing date, transferring all nsibility of code enforcement from the Fire Department to the Police Department; seconded by Council Member TU b) Vote on motion. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YE JARRIEL — YEA KEEFE — YEA OTION CARRIED. c) City Attorney to read proposed Ordinance No. 1181 by title only. Attorney Cook read proposed Ordinance No. 1181 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA TRANSFERRING RESPONSIBILITY FOR ALL CODE ENFORCEMENT PURSUANT TO FLORIDA STATUTES CHAPTER 162 FROM THE FIRE DEPARTMENT TO THE POLICE DEPARTMENT; AMENDING THE CODE OF ORDINANCES, CHAPTER 2 ADMINISTRATION, ARTICLE 111, DIVISION 6, SECTION 2-172 THEREOF; AMENDING THE CODE OF ORDINANCES, CHAPTER 2 ADMINISTRATION, ARTICLE 111, DIVISION 6, SECTION 2-173 THEREOF, AMENDING THE CODE OF ORDINANCES, CHAPTER 18, ARTICLE 11, SECTION 18-34 THEREOF, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to approve the first reading of proposed Ordinance No. 1181. Council ber IN moved to approve the first reading of proposed Ordinance No. 1181; seconded by Council Member b) Public comments and discussion. Pc— nosrd i We A,C, �tc0a�r 3 mG� lbK Page 8 of 17 A.2.b) Public comments and discussion continued. c) Vote on motion. , VOTE:QIU MO T l ()n 15 offil11(,rP . WATFORD — YEA ABNEY — YEA C, L�AR JARRIEL — YEA KEEFE — YEA OTM ION CARRIED. Page 9 of 17 B. Consider a motion to re-appool the City's representatives to the Okeechobee Utility Authority Board of Directors, regular member being Mr. Steve Nelson for a four-year term through March 1, 2023, and alternate member being Mr. Jeffrey Fadley for a two-year term through March 1, 2021 — City Clerk (Exhibit 5). Council Member V, moved to re -appoint the City's representatives to the Okeechobee Utility Authority Board of Directors, regular member being Mr. Steve Nelson for a four-year term through March 1, 2023 d alternate member being Mr. Jeffrey Fadley for a two-year term through March 1, 2021; seconded by Council Member. ScusgIUK �tl Footeqpwni- f-f- S M �k- Yl� r2�r �il�cavc�s - a�surn.� dice �V Gras a,hy Je((- Uaq hu8� *rluq; Jobo A-Y&d iFz C�UnYa/YI �l he � W/P �6c�r'ru� as /arty as �afi- Ay- Ct'Jpr26Ctk Vou'r I/&&y*_rig-'rl. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA 9Tf4N C_� Page 10 of 17 C. Consider the creation of a City of Okeechobee Code of Conduct Manual fui members of the City Council — Council Member Keefe. Council Member moved to approve the creation of a City of Okeechobee Code of Conduct Manual for Council Members; seconded by Council Member l�K- VGb� �Xvulr9l Dw yj kr fc CdyCluk dW know haw im fwtla 6x(a ord G¢nrr& �ea1�en� l{/eo� IP�currr� *a. G/macn pafi/s woodGeGwaE ft0- &hl of (z)p�qer IAA �2a�f Cfssef {�''Y�ly &/- edafF,ua�s J/Vfin pd�Uf �av W UA) Inc -I �GG}a�- Q(iL}l� /,7�LPd iG �Olq YlD�/1,e4 /y�i(oM�KitiY�6Yc.3 �t hj Nut k /lYe�rUte� ✓D fim� /�ir�- G�' `nzr�u l�2aEhn� WATFORD — YEA JARRIEL — YEA VOTE: ABNEY — YEA KEEFE — YEA CLARK — YEA MOTION CARRIED. Page 11 of 17 D. Consider hosting a "Town Hail meeting for City residents and business owners — Council Member Jarriel. Council ber moved to host a "Town Hall" meeting for City residents and business owners; seconded by Council Member ? ? mDGv�1 fi�6YJ�S� �1 �ocK or) 066YS leas d 1 hO- S o G A) l hot-M. f0- Oat MA W Matt. �Vg 2 db9avp k U 5/ ws nr&Z6 C- up s �� S Ads. i U*9 , Yxl� w ? �.�vQ s has k/x *�a� . 0/fi- a 16W . ® - � was �a� (/////,M(\' V r lVl )e CW= . dYk S fiWfiiVIs - N (fi on d Qy 1WW1 ,b �f 4ay moon . %( 1wds he ca taws Y�r �ws jr-wsc*S b,30 In AWCL,--- VOTE: WATFORD — YEA ABNEY — YEA CLARK — YE JARRIEL — YEA KEEFE — YEA OTION CARRIED. Page 12 of 17 X. COUNCIL COMMENTS — Mayor A. Mayor Watford /UW----" Page 13 of 17 X. COUNCIL COMMENTS CON t INUED B. Council Member Abney1!11.0 D e e /� /ZP �fijs&d " Page 14 of 17 X. COUNCIL COMMENTS CON I IIVUED C. Council Member Clark � A I� Iv Page 15 of 17 X. COUNCIL COMMENTS CON i PIQUED Council Member Jarriel Wl J Page 16 of 17 E ,,�"`C`iwskdr aucL, w0j lam' �m Y& �C- (,h2tdCv YP�'[¢tu i� Q O�od tdpQ 2anirlc % p�ua h,�r�trdu9� �eoYGNQu� ;f plan II�Co�sis{er��s Zcoz- Ply a 1; arc act r�t7 �i lamr�Q Mal%r��idal�r�W, raw hl". as uer� L'y�✓ ��urn�r Camnu�lee-- Qs S'i�{C Pal firnoi a9d/u� /Il c�dJlaso�r�«, u/,� rz¢sd tdrrrah �u� GI�'Gtaf by �lCriia[�s. �Pinpoina-what wr, IhT- �huP din 11cIJ C(pda,- lerreuanrircnd��s- XI. ADJOURNMENT - Mayor % There being no further items on the agenda, Mayor ad ourned the meeting at / M. Page 17 of 17 Exhibit 1 Feb 19, 2019 ORDINANCE NO. 1178 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN STREETS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, A PORTION OF SOUTHWEST 18' STREET BETWEEN SOUTHWEST 2ND AND 3RD AVENUES, FIRST ADDITION TO SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 17 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 of Okeechobee General Services Department received Abandonment of Right -of -Way Petition No. 18-002-SC submitted by property owners, Marilyn J. Frazier, Carl and Cassie Murphy, Faith Christian Center of Okeechobee, Inc., and Delbert and Donna Howard, for the closing of a certain Right -of -Way as described in this Ordinance; and WHEREAS, the City of Okeechobee Technical Review Committee reviewed and discussed Petition No. 18-002-SC at a duly advertised public meeting held on November 15, 2018, and recommended approval with the following conditions: that an easement be reserved for the Okeechobee Utility Authority (OUA) for the North 20-feet with unrestricted 24-hour access, with the OUA being responsible for restoration of seed, mulch, and/or sod in the event work is required on the water main; City Public Works have access to the entire portion of Southwest 18"' Street; a copy of the Agreement between the property owners on the West side of the Right -of -Way closest to Southwest 3`d Avenue; and WHEREAS, Petition No. 18-002-SC was reviewed and discussed by the City of Okeechobee Planning Board at a duly advertised Public Hearing held on December 20, 2018, and determined such Petition to be consistent with the Comprehensive Plan, and recommended approval with the following conditions: that an easement be reserved for the Okeechobee Utility Authority (OUA) for the North 20-feet with unrestricted 24-hour access, with the OUA being responsible for restoration of seed, mulch, and/or sod in the event work is required on the water main; City Public Works have access to the entire portion of Southwest 18t' Street; a copy of the Agreement between the property owners on the West side of the Right -of -Way closest to Southwest 3`d Avenue; and WHEREAS, the City Council reviewed Petition No. 18-002-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: Ordinance No. 1178 - Page 1 of 3 SECTION 1: The unimproved, dedicated Right -of -Way described hereafter and as shown on Exhibit A, is hereby closed, vacated, and abandoned by the City of Okeechobee, Florida to -wit: THAT PORTION OF SOUTHWEST 18T" STREET (F/K/A ELEVENTH STREET) BETWEEN SOUTHWEST 2N' AVENUE (F/K/A KISSIMMEE STREET) AND 3RD AVENUE (F/K/A MIAMI STREET), BEING APPROXIMATELY 300-FEET LONG BY 40-FEET WIDE, LYING BETWEEN LOTS 6 AND 12 OF BLOCK 33, AND LOTS 1 AND 7 OF BLOCK 36, FIRST ADDITION TO SOUTH OKEECHOBEE, PLAT BOOK1, PAGE 17, PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA. SECTION 2: The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility proposes in and over the vacated portion of Southwest 18th Street. Further reserving, as a special condition requested by the Okeechobee Utility Authority, to wit: Reserving an easement for the North 20-feet of the Right -of -Way with unrestricted 24-hour access; with the Okeechobee Utility Authority being responsible only for restoring the damage of any seed, mulch, and/or sod in the event work is required on the water main; and 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 the 19th day of February, 2019, and shall take effect immediately upon its adoption. INTRODUCED for First Reading and set for Final Public Hearing on this 5th day of February, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 19th day of February, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1178 - Page 2 of 3 ORDINANCE NO. 1178 - EXHIBIT A The following excerpt is from the City of Okeechobee Subdivision Map to identify the portion of Right -of -Way to be abandoned as requested by Petition No. 18-002-SC. 6 6 2 `-37- 6 2 A 6 I , Petition #18-002-SC SW 18th ST between 2 nd & 3 rd Avenues approximately 40x300feet 7 3 9 -4� ---------- 4 113 i i '74 S.W. 16 TH ST 2 4 11 5 12 6 S.W. 17 TH ST 2 S.W. 18 TH ST 7 2 9 12 S.W. 19 TH ST 1.7'... -J 8 12 6 S.W. 20,TH ST 7 1 9 ii3 4 --, 12 S.W. 21 ST ST 7 -8462 3 10 4- sccwsw� Cn =J Ordinance No. 1178 - Page 3 of 3 SITE MAP SHOWING HOW PROPERTY WILL BE DIVIDED BETWEEN 4 OWNERS THE 15'FOOT WIDE ALLEY IN BLOCKS 33 & 36 ARE REMAINING OPEN & NQT PART OF THIS ABANDONMENT PETITION .. ........ ....... ............... ....... FAITH CHRISTIAN HAS AN EXISTING USE OF RIGHT-OF-WAY AGREEMENT TO FENCE THE SOUTH 20' FEET OF SW 18TH STREET NEXT TO THERE PROPERTY AN EASEMENT IS NEEDED FOR THE NORTH 20 FEET OF THE RIGHT-OF-WAY FOR OUA; ACCESS IS NEEDED BY CITY PUBLIC WORKS AFTER ABANDONMENT IS COMPLETE OWNER 4 WILL BE PURCHASING THE NORTH 20 FEET FROM OWNER 1; AND OWNER 3 WILL BE PURCHASING THE NORTH 20 FEET FROM OWNER 2. ........ ................. 40 111w 'I CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street PAGE 1 Okeechobee, Florida 34974 863-763-3372 X 9820 Fax. 863-763-1686 ABANDONMENT OF RIGHT-OF-WAY PETITION PETITION NO.10-00�-S11-7' Application fee (non-refundahlel Date Fee Paid: Receipt No: (0 $600.00 Y a.. .4; Note: (Resolution No. 98-11) - a:`aY f,,f Land TRC Meeting: l _ 5- f (1 Publication Date: Letters Mailed: Development Regulation Fees anii'Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the PB/BOA Meeting: n �a-0� 0- U Publication Dates: Letters Mailed• 1 :;-5-18 City Council 13t Reading:a-6-j g CMR Letter E-mailed: established fee, or when a professional consultant is hired to advise the city on the City Council Public Hearinga -mPublication Date: application, the applicant shall pay the actual costs. Right-of-way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. [F.S. Ch.177 § 177.031(16)). Easements for roads and related purposes shall be considered as right-of-way. Legal Description of the Right -of -Way to be Abandoned: SE5 EXHIBIT A Note: Upon abandonment of a right-of-way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863-763-3154. Purpose of the Right -of -Way Abandonment: ALI- FOUR 'PROPER-rY OWNERS 00 NOT WAN-r A QVS1j STkE'E"r RUNNING WROVG,+t TEIR ?R6PeRTiG5 Wtt6RF-1 iFL q . EXHIBIT A A 40 foot road depicted as Eleventh Street (on plat AK. SW 18"' Street) lying between Blocks 33 and 36 on the plat of First Addition to South Okeechobee, according to the plat -thereof recorded u-i Plat Book 1, Page 17, Public Records of Okeechobee County, Florida. PAGE 2 PETITION NO. /8-COO?- _'- Name of property owner(s): Owner4 of4 Owner(s) mailing address: a�D vt -I ECHOBEE El.. 24974 Owners) e-mail address: M Owner(s) daytime phone(s)��- z ax: : Required Attachments Copy of recorded deed of petitioner as well as any other property owner whose property xxis contiguous to the right-of-way. Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL � 1 INSTRUCTIONS VX Location map of subject property and surrounding area within 100' (See Information ✓� Request Form attached) and dimensions of right-of-way. List of all property owners within 300' of subject property (See Information Request Form attached) V� Site Plan of property after abandonment. (No larger than 11x 17) t Utility Companies Authorization Form. (See attached) V� Supplementary supporting information: Copy of recorded Plat of the Subdivision where right-of-way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right-of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right-of-way abandonment (See attached sample letter) II Nf I Confirmation of Information Accuracy II I hereby certify that the information contained in and/or attached with this petition is correct. The information included in this petition is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 3 days and may result in the summary denial of this petition. Omlmoxj Signature Printed Name Date There are4 properties adjoin the portion of SW 18u, Street to be closed: Owner 1 of 4 Owner 2 of 4 Owner 3 of 4 Owner 4 of 4 Lot 6, Block 44 Lot 12, Block 33 Lot 7, Block 36 Lot 1, Block 36 ` Marilyn Frazier Carl & Cassie Faith Christian Delbert & Donna Murphy Center of Okee Howard Donnelyn Khoude Reaistered Aaent ALLEY AND/OR STREET CLOSING CONSENT LETTER Tn- Mtv of nkPPr-hnhaa FRAZIER OWNER 10F 4 Z /E,e S'.-- Do hereby consent or agre,my/tour slure blo otclsin of the alley and/or street described below:m� TY77 ,_` insert the legal description of the street or alley requesting to be ctosed) (Note: ifproperty is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) A _ �l Sig Fri. y- Printed N STATE OF C Qrkk COUNTY OF Signature of Property Owner Printed Name The foregoing instrument was acknowledged before me this I 1 . . t F',- . _ (date) by who is personally known to me or who produced t-•+ as Identification and who did (did not) take oath. ` (Notary Public signature) ►u Commission No. ,'f '• (.u-Q-T( S (Name of Notary typed, printed or stamped) 1y* ►t NaWUuftlftY a Smte d Florida �t g Commlulon FF 2480tt q p ExpNns 07r002Dt4 L FRAZIER ' OWNER 1 OF 4 W"PAMW oaaa !Cron • GCO-W1.306 warco ►onw as saam `rD a ewta . laCCllrih�'�it¢d blade the 5th day of April A. D. 19*85 by ZEBRA B. GOOLSBY lternrnaflrr Called the Grantor. to . MARILYN J. FRAZIER nd.e poskf flcr oddrr:s is 1811 S.H. Znd Avenue. Okeechobee; FL • 3347Z hereinafter called die granter. ftra+n•.r rrA M.ia lae..n.n •1rrM'••ad we' Lrt.d..a 14 Cando r sW Iwram aJ ' `,, J. `A,.i.. MMI N7^`e.a+:....•d ww.. .d i.i.iJW, ..d M wrtn.xr ad wi.s..1 n7raY«a) . That the aranlor. far and in Conardc►aNan of Ilrc vrun of S 10.00 end whor c� minable consrdrratfanher s. rrrrtpf whereof is hereby orhaomra leciaed. hereby p o� ms, bnrytaln4 sells. alma re• R\ mism. eelrases. eanaeys arks confrr,na unto the pranitc, all that certain land sllaarc In Okeechobee - ;Lots 3, 4.s:5..and.6,._Elock33, FIRST ADDITION iD SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 1. Page 17, Public Records of Okeechobee , County, -Florida. Subject to restricticne, reservations, covenants, and easements of retard. si�ax>.w • n�• •. - 1 �,. err `l rD^'ID!—`i l rf `�: _ lrUL E � Taft .._-.,'IitfaiP isli. `i•:;: n'4 z• 1�? vl 1 T Y _._�r.__.� L_ 7. OF RE7EGUc r:' ' �. /; r� •I ':ry4 :?a'V .. r ... 9M VaSI> 'a\`fr?��;: �C�•" ,`�+.R,.. -.fix `\ • ' p jh ,tfj tcrsemmts. (tY►ed11;'Acals and appurtenances thereto belonging or In any- ti .. f ix; • colic oppe"rtarIF lu nLsg. � •r.: "ki _ . �0 �{dt1Pd W Hold, the Rn '% >>,. atlzld of saki /and od the arq iar luaeby couenangRcb,rth rag 'Gross =that !hs�a;a�es b lato(olly �' aoi: i'w d cantary said lands that the in fog simple: 161` tap has U4, right hna�>/st: a► < a><aRsts of Brenta hereby fnlly"i"'aa..a"rrei.eles+T• to sal`askl a�a'wlli dsjer�d4a{1'e.aame%((prnsl fha ltnw a all erimm whomsoraer'4rad. 1lsat sa►d Igt '4 J►ee a all end i nr eaMfP tries accruing sts6"uent P a Z.. ..". to December SI. 1984. •p "':C�.-:.�x?�. r.. w"� on. :� rc, ' q} 4Mo Q ,:� tlleSS' C t saidnror�at�s Cadw�t�t71riheat:VtPiiAla yrc.k.r� :-` frrsr above auttten >>?t:<w:»yr,.W'��"� yis ..;:..;: Sif-J, mled as alltrered in our p rm x;as dra 8. Goole_..._,�.-_... � .�.-._� .—..'-s.,M ^-- �'�ito++../aet•�orous as STATE OF FWRiDA COUNTY OF �'4� a,51„J�Yi'vcf i ii"Illy CERTIFY that as tors day, belare mq an olfica duly aatharl"d in the State afatrsatd and in the• Caaaty aforesaid to take &ck wkavprm4 I 'or appeased ,�N,..tannya, ZEBRA B. ODOLSBY 'sb1 . 4 'er,, _ ��jp•th'r•ia �tP be fhr per— drscr3ed inbdae tee that kd the a� as�u and ash■�'d .he .. .. �• t . a, o .,• s wIS\En .my head and official seat is the County and .. . Jleas arareaid tbht'11}i der al aLli L1d:e April . A. D. 1985. Jlk i Hv ryeFP"ctblic, Staattee�o�f Florida at Lorge 7biylmtrunxrt! bwpj n-expPue+II�O!FtMatitWas RETUR f0 Mr r. sso n E9*ft May 17.1986 i Ft aNrler, funager. Oteeebabea Abstract Campaar M 11• W. 3rd Sly Okte6ai.ee, Ft 33474 as a awes. MURPHY OWNER 2 OF 4 ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, N--R L Aam C,ASS�-MU p i? N \i Lnserf name(s) of the owner(s) name. person(s) who is slgnmq the letter of consent) own the following property: (insert the legal description of the property) Do hereby consent or agree, with my/our signature below, to the closing of the alley and/or street described below: F F E�CN\Q)1 T \'` A " L I . CkATED (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) Signature of Property Owner Sign ure of Prop rty wner Printed Name STATE OF 1(;SN a - COUNTY Las5i e. d�l�ur�Il�y Printed Name The foregoing instrument was acknowledged before me this / 15 I l2� r - (date) by i y) v v (w:hEis ersonallyJknown to me or who produced identification and who did (did not) take oat . �) (Seal) "?(Notary Public signature) as Commis i -". ALMA L R03A COMMISSION tt GG037716 EXPIRES October 11, 2020 (Name of No nry typetf, print0d 0i Stamp d) Eby and rehnn to: Patricia A. Ragon Clear Title & Legal Services 202 NW Sth Street Okeechobee, FL 34972 8634124-6776 File Number: 3047-17 Space Above ThisV=FdrRe=ft Doti Warranty Deed �� OR `$ SHAROZMG&ERt {�CO"P ROLLER OKEE( D l/3 18 040R'DA Aft ANT 1120r000.OQ RECORDING FEES W.So DEED DOC 6840.00 RECORDED BY F Conner Pss 1444 - 1445; (2 ass) MURPHY OWNER 2 OF 4 This Warr�ny�,�.�`beed:....,. ('�Yyy' of Janes�p 2018 between Justin T. Dlmn, a aingk man whose post office T 3 day �J\ address is 281 lvenq .0.1-1 f 3 34947, 8cantor, and Cassia N. Holt and John Holt; wife and itmbaad whose post office adt�= isJ1`09 SW 3�riV:0, ,vca Okeechobee, Fl 34974. grmitee: � w know i as: Cassie.ivol` `Murphy a} f M�, ink and wife (Wbeseve r bsaci he as= • ,.ma .� an the yeRia tD tlria btsuamrnt ad 6a begs. ktW and a dgas of indmduaLs.:iiad the WAAXZ ors and R=MG tis LW Antoi eaaos. ease and'naoees) good and A has gamed,` situate, lying \-soft 3;.�ioct thereof, recorded fn Pb Parcel Identification Subject to; covenants, RAY. si f sum of TEN AND W100 DOU ARS ($10.00) and older rhamd P ! the r=q t whereof n b=by namaw u�toe, and gc intoe ehs and assigns forayer, the fallowing dwmbcd land, Florida T ADMIM.40 S Q OBEE, according to the plat Page 17, Pet�c Reeo s of Wmechoba"o County, Florida. Together with all the tenements, heredib meats w To Have and to Hold, the same in fee And the grantor hezrby covenants with said gird grantor has good right and lawful authority to sell land and will defend the same against the lawl amutfl ranee, except taxes accruing aftegoent to In Witness Whereof grantor has hereuabo set DoubloTWW FIR ftrA sealed and delivered in our re3en= State of Fl County of The foregoing wsonanylmio�or f k. MURPHY. OWNER 2 OF 4 befte met day of January. 2018 by Justin T. Dixon, who [j is NotayPubHe printed Name- ZIA -1411 Wwran& Dftd - Pfte 2 DoubleTimso FAITH CHRISTIAN OWNER 3 OF 4 ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee qptxthei following property. C' 364 (insert the le -gar description of the property) Do hereby consent or ag street described below: )w�4o.,the (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com Owner tig'na'tuire of Property Owner &926W A The foregoing instrument was acknowledged before me this ( i ' i - n (date) by Z who is personally known to me or �pr�oducd _)XQac 66AU a,& as identification and who did (did not) take oa& - (Seal) (Notary Public signature) Commission N -�� My COMMISSION # GG03COMMISSION # GG037716 a EXPIRES 20 (Name of Notary d FAITH CHRISTIAN OWNER 3 OF 4 0420 N1E1385 Documentary Stamps paid in the amount of ,�jr S 525.00 Ciais C Intdn®bie Tan paid m the a.na,rr. G .ro�3 da ors -o - Shdax, Rooertsen, Cierk of Circuit Carr tibia m m b= 3-29-31-35-0050-00360-0070/0090 0" r nr4• FMWin Gtaatee Il Tot 65-0439465 By: O.C. ii3 e: Warranty Deed This Indenture, Madc.ahis 9thday of April, 19 99 AD.. Between OKEECHOBEE FLORIDA CONGREGATION OF JEHOVAH'S WITNESSES, INC., a corporation existing under the laws of the state of Florida oftMCotmtycc Okeechobee suteo( Florida , gMntoq and FAITH CHRISTIAN CENTER OF OKEECHOBEE, INC., a corporation existing under the laws of the state of Florida w4aeaddttuie 1803 .S:3I:3:sd :Avenue, Okeechobee, Florida 34974 or thecooatyor z£c5keecktsf+`Yee\� \'s,\. , stator Florida , Santee. Witnesseeth 9*At0it llORtoc�ad�Accmi cratanodteeaumU — — — — — — — — — — — — — — ,�x - 6 - - TF i i 1tt7/ 100 ($10.00) - _ - - - - - - - - DOUARS, red ahec at'�ind valui& o0nsidacatiaa •M' GItA.\ Rio hAod paid by GItA�1EE the titeipt rhereor is hetehy aeka0w�edaed* has panted. IHq�jtirttd. aa��#�d�d to the nid GRIkAFirr.��aad GRw�'tEb'S -saeceaaes red adopts forcer. the fWloaini deten'brA Wid. situate. tyia«tad beiaa ij itt� Coaaq or Oke' 'hob ex.�ise:�Florida of wdc „Latins-. --8 ->9 and 10, �5, T �itiJ?DITION TO SOOTS OKEEG` ," gccor� t " the of r f recorded in Plat Book 8�.'.. h9 1, Pager .17, pliT ir±5crds a, Okeeceefa-County, Florida. .:. k .v..a.t . •...;,..'^{•' ice' \ Subject to "Y��=ia`�`r'ictie las, . ztiRservationf` anckeasements of record, if any, which are no# rei.A osed hereby, tt�dd xes subsequent to December 31st, 1998.9 ,f'` ' ^''•'i '�S't3i y `. ..iik�c.i ^.IC,;UIT:tuOU >:;;%' < � "Z and the aiantw duet hei" My wa wa the tide to said had. aid w d'*.ka the tame arina tsar'' Ski= ar as pen0ets . ommevfK .: In Witness Whereof; the anatcr has k7cua o at hs hand and taaa to day Arta year teat ,has tmt > S4F14 sealed and detivertd to our presence OKEECHOBEE FLORIDA CONGREGATI JEHOVAH'S WI FS zNC By! (�? EVA MAE COMELY BAROLD A. Tr3tt$!L Tiaid,}aidta,.' W e■ paAddaenamuwat,oteseli"lR ft ss - s�t �• "• STATE OF FLORIDA (Corporate 141411---- R COUNTY OF OKEECROBEE �. TU ftMF+as taatnrMK TMAekaorI Is hefim sae tts.. 9th day or April, 1999 by ,F HAROLD A. .THIBODEAU, President of OMMCBOMM FLORIDA CONGREGATION OF JEHOVAH'S WITNESSES, INC., .Florida Cwpomdaa U R-ws.Nord'•t�otpes' trhuptoatmdhitFlorida driver's lice sea iortw oY s aretreootdr T aotexaatxts.Y,l�► s+aa...ataawwa g� COMLY taateRtaaatrtrttsao O stnnw:o tt.aArtasrtrttia'ttrrt+a MILtytt.att3pt.e 12/12/00 10/4/2018 Detail by Entity Name Di,isia❑ or Cor•.PZP.Ar1::;N FAITH CHRISTIAN OWNER 3 OF 4 f` Org I Peepartment of State / Division of Corporations / Search Records / Detail 8y Document Number / Detail by Entity Name Florida Not For Profit Corporation RESURRECTION LIFE WORLD OUTREACH CHURCH, INC. Filing Information Document Number N93000003143 FEI/EIN Number 65-0439465 Date Filed 07/14/1993 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 11/12/2015 Event Effective Date NONE Principal Address 1803 SW 3RD AVENUE OKEECHOBEE, FL 34974 Changed: 02/15/2000 Mailing Address 10795 SW Civic Lane Port Saint Lucie, FL 34987 Changed: 07/16/2018 Registered Agent Name & Address Khourie, Donnelyn 8032 Kiawah Trace Port Saint Lucie, FL 34987 Name Changed: 07/16/2018 Address Changed: 09/10/2018 Officer/Director Detail Name & Address Title President Donnelyn, Khourie 8032 Kiawah Trace Port Saint Lucie, FL 34987 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder-FAITHCHR... 1 /3 ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee IMe Do hereby consent or a street described below: HOWARD OWNER 4 OF 4 MW � e w, the Xing of /or (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, le: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane -Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) 0 Signature of Property Owner Signature oftProperty Owner 1:_Lex=aT 1 `, 1-lmxi M KAM k V _ ui ARC_ Printed Name Printed Name .r, STATE OF �/GY COUNTY OF The foregoing instrument was acknowledged before me this _60._ 10.90110 by who is personally kno!wnnp me ar who produced as identification and who di (did no) take oath Seal �S (Notary Public signature) CommissionNaga (Name of Notary Emrzd by and rmm to: Joseph E. Altschul, Esq. Trinity Title & Escrow, LLC 1911 N.W.150th Avenue Suite 204 Pembroke Pines, FL 33028 954-556-4M File Number. 17-0631 Parcel Identification No. 3-28-37- 10 J11111UlI19A111 If 11111111111 OR BK 796 PG 1861 SHANK RMMTSM-, C L4.RK b CWTRDLLER OKEECHOBEE COMM FLMIDA RECORDED 10/10/2D17 01:01233 PH ART $160r000.00 RECORDING FEES $18.50 DEED DOC M i l.20.00 RECORDED BY N Mon Pau 1961 — 1862; (2 ass) HOWARD OWNER 4 OF 4 [Sp=Abonnh L=For Rwmdn Dotal Warranty Deed (STATUTORY FORM - SECMN 699.02, F.S.) This Indentmac y$iis 6tti'i y ct _October, 2017 between Sharon Robertson, a sinee woman vAose post office address is 24+�'0' S.W,31st ComK,.�kFL 34974 of the County of Okeechobee, State of Florida, grantor*, and. Delbert Hpii and a Deana V. I iSiTva, � joist tow is with the right of sarvivorship, and not as tenants In comma whose posfvffice:: dd�ss is Avenue, Okeechobee, FL 34974 of the County of Okeechobee, State of Florids, g6ntee*,`&� � ,,: «ir T Witnesseth that 3sad gm$ntor. -lie an&-% oonsidd9ffaa good and valuable'"i ski �vband has granted, baaod�,ta fi>mee, and situate, lying and being"iri Okeecito k Cox,*', Florida, t Lora 1. &aid,2,.8iaekc.3i, I RST iDDMON T7 plat thereof as recorded iii)Plat hook 1, Page. Subject to taxes for 2417" fibre ant y reservations and kLnitatiesrs of ri!su Together with all the tenements, hereditaments and appr To Have and to Hold, the same in fee simple And the grantor hereby covenants with said grantor has good right and lawful amity to sell land and will defend the same against the lawfi enctttnbrances, except taxes a=u g mksegneat to of TEN AND NO110D DOLLARS ($10.00) and other i grantee, the receipt whereof is hereby acknowledged eirs and assigns forever, the following described land, all persosii 1.2016. • "(card' and "(I>Otee" ate heed f0C 2kV-la or In witness Whereof, grantor bas hereunto set grankn% hand and seal the ?.CHOSE, amording to the map or of OCe County, Florida. ze"I said bn&-m fm&m*- tba ace hereby filly*sattbe title to ww,, and that aid is f! i year written. DOuMeThna• Signed, sealed and delivered in our presence: Witness Name:S051m L. V- cc, (At rKE f- ri-k4j A Witness Name: l2rRj State of Florida County of Broward w- I- HOWARD OWNER 4 OF 4 The foregoing insuumcqt ,,Mgdmowledgcd before me this 6th day of October, 2017 by Sharon RobezUon, who is personally ]mown .qp'V.%Wj;�. adriveeslicenwasidentificafim RV [NotM S".#::, Notary Public Punted Name: lk vz�M�. Commission Expires: L. PENCE P.N 9 FF9t9746 8%k% 0,20ig W--IIY Deed (Staftdwy F—) - Par 2 DoubleTimes PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS (Sec. 78-33, page CD78:4 in the LDR's) It is the Petitioner's responsibility to convince the Technical Review Committee, Planning Board/BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1.. Pr ..:ose."d�vacatio.n isconsstent.with the -:Coin 'rele_nsye Plan; 2::R lit=of=wa`-'to'tie vacated is riottl a sole;'access:io aii ro '.ei ;and the remainiii :.:::acce5s�:is.natan'easement:::.,'..:;.<::- .:.� _ ...:;:� ;. ' :'.:�' .-.'..:.... ..... •. �. . ' 3 :Pro`.'q ed vacation: isln the ' 0 it�ixiterest and 'idvid-6! a` ienefit'ao t e Ci' (D `- 1 A17,P1 S L Ll O Lfir. , 4`'Ero osed vacation:would J The City Staff will, in the Staff Report, address the request and evaluate it and the Petitioner's submission in light of the above criteria and offer a recommendation for approval or denial). 51e vrsi 1• ��e�le. r t`�E.yY1..-.r-e,a,. i a,> t e'7ti Y G MY Y OF ti1"F-EC �t}MEE liFi{.:i sA'`IDOINIiL3i5NTPFieTROS Deliver the pel"'Itc=a eeltt tMv form Ell. a [cli w1u2 Ltliltp Cct:tY.:::es :rr Titer mom ntc. it must ite Slarsed and ti:111•11 taluh a mritatt nar-t :e!' fin. £rat±: Im Kati FIC-RiPa"Y.:rEr—T r •t•7.3.723 Q f °I� o S 1 t�- irGra-• FstligeT. • • Trr-- 5oa�. 1 �Ess�•sa�-� 1e� t.•v. rtc:`e.'^cd P a- Rl ' ' . n -7 Stgtrture l:rz_ r:.rt S!tic f lntnt o. Dsta -7,1 K,tp:,4:In,� �� trll E��t'� j(fS�j/�G lu�r:l,edSt ttrlr-ypedumr.::&-'i!':: ��- L �G1t:L`+i5t i2iSie r E L•99?1'3^.r35Zr�� 1 +ttiE, trlv''tE' ; wdut: 1'ypeti iS.zri?% rEie f'El test tta. Date •fdliP_E�_:siJ2��E_tii_C�fittttitzEFy~ __ � ��•� . � 1�sn.�'L•=1 r-.�?tf' . — . �uanzia�•-For� .. � �:�r� r�r E ��t��n-'•sue-•.j li��..c' 1�S:�s i-�:. ! �• :� .�..�%ra.�-]��6:t `••!. t: ;:�__�i�{� r—i :i �•:.S:: Lvf:>.s'uk.�Q�tjr�eti� sl.tj_j�� 1 AA t:'tic::i:ed 41 rt 75'1`atl Man 7:t!r Ph%ie he. Date *RF.QUM,ED UALY POP. C-M or. ONREE"CHOBES € ZIFUS•E• ADDITION TO 01Y C+F rL EE;;BiE%ii:t`t:FE �,iSi7tVISFE'i'rly _ jf xli ttatif2Ei}e�Lt-•t�dwStC6 ..9 !+= g'6 !ter r^'3= d� �: •_` 6x Be, 1 t•�8-7�5-3?5=�..._ .. C;."-i�si ��.�!,H•�t.-�,rti (r__'�:'�-as;: y%mac^_�i_Q�•°..� 7 Qstiinr"iastl5'.ga:lura Typal N=ez:IHic—t'Etolt=•No. !latr OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974-4221 (863) 763-9460 FAX: (863) 467-4335 January 23, 2018 Re: Abandonment of City Right -of -Way in that portion of SW 18'h Street immediately north of Parcel: 3-28-37-35-0050-00360-0010, First Addition to South Okeechobee To Whom it May Concern: The Okeechobee Utility Authority, (OUA) has reviewed the drawings of the above -referenced right-of-way to be considered for abandonment. OUA does have a 6" water line in the right-of-way area adjacent to Block 33 and Block 36, FIRST ADDITION TO SOUTH OKEECHOBEE, Okeechobee. OUA does not object to the abandonment of the portions of the right-of-way section adjacent to Block 33 and Block 36, FIRST ADDITION TO SOUTH OKEECHOBEE as described above; however, the north half (20 feet) of 18`h Street must be reserved as an easement. Furthermore, the easement must state that the OUA must be granted 24-hour unrestricted access with the understanding that, should work be required on the water main, the OVA is responsible only for seed/mulch/sod restoration. Please let me know if you need any additional information. Sincerely,. hn F. Hayford Executive Director, OUA ,5 f - f7 rr �-- --- ST ADDITION —r'-:'--i __.-t(--j—i .s 1,_ )�✓/��/I OII��C,./lQ�i4 f - -- _ ! Orr or-0,me-cpme=; C�ffEGlYOBta COJ.YTI: '-!" --- OTC oCCT r--= 14 E i ..: � ...,y; •) • ':.�:i.�.,�:-:.::« /`t.: Y....i: r,'— TI�Cr^- r :_ _.:. :: _ _h;.+ ' _• ' r 1'---_` 7- —��-_ r - ' ...::..:. ...•t.:.•+�...•�. •'.•'fit. ,y:�- - ,. a .'.A IL lori Pr�.r ,i Staff Report Right -of -Way Abandonment/Street Closing Prepared for. - Applicant: Petition No.: 13A kd i on Shroet t 206 Fort Myers, R 33901 The City of Okeechobee Delbert & Donna Howard 18-002-SC (Unimproved R1W of SW 18th St. between SW 2nd and 3rd Avenues) Staff Report Street Closing Request Applicant's: Delbert & Donna Howard Petition No. 18-002-SC The matter before the TRC is an application to abandon the 300-foot long, 40-foot wide unimproved right-of-way of SW 18th St. between SW 2nd and SW 3rd Avenues, more particularly described in the legal description of the property. The requested abandonment encompasses 12,600 square feet (0.29 acres). 'General Information Delbert & Donna Howard Applicant 1804 SW 2nd Avenue Okeechobee,FL 34974 Site Address The east -west unimproved right-of-way of SW 18th Street between SW 2nd and 3rd Avenues Contact Person Delbert & Donna Howard Contact Phone Number 954-416-9674 and 321-662-8088 Contact E-mail Address donnavdasilva@yahoo.com A 40-foot road depicted as Eleventh Street (on plat AKA SW 18th Street) lying between Blocks 33 and 36 on the plat of First Addition to South Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida Characteristics of the Subject Property Proposed Future Land Use Map Classification Single -Family Residential Single -Family Residential , Zoning District RSF 1, Residential Single -Family RSF 1, Residential Single -Family Use of Property .,Vac ant unimproved street RNV Uses associated w/adjacenf properties Acreage La jZue ptanning 12,000 sf (0.28 acres) 12,000 sf (0.28 acres) Staff Report Applicant's: Delbert & Donna Howard Street Closing Petition No. 18-002-SC Description of the Subject Site and Surrounding Area The subject of the abandonment/vacation, the 40' by 300' vacant, unimproved right-of- way of SW 18th Street outlined in red, and the land uses in the vicinity are shown below on the aerial photograph from the Property Appraiser's office. LaRr ptanning Staff Report Street Closing Applicant's: Delbert & Donna Howard Petition No. 18-002-SC The distribution of the proposed abandonment among the four adjoining properties is shown on the graphic below Murphy 1709 SW 3rd Av SW 18th St. Frazier 1708 SW 2nd Av SW 18th St. Howard 1804 SW 2nd Av (Applicant) d c N N The above graphic is slightly different from that submitted by the Applicant, which did not accurately reflect the distribution of the property to be vacated among the four surrounding properties. The above graphic shows that the 3,000 square feet of land will accrue to each of the four properties adjoining the proposed vacation. Sec. 78.33 states that applications to vacate an alley or public right-of-way may be approved upon a finding by the City Council that the following requirements have been met. The Applicant's responses are provided in Times Roman typeface and are repeated below exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff Comments are in Segoe Prrv>.t. L-K�- 3 punning Staff Report Street Closing Applicant's: Delbert & Donna Howard Petition No. 18-002-SC REQUIREMENT STAFF COMMENTS There is nothing in the City's Comprehensive Plan concerning abandonment/vacation of alleys The Fact that all the lands bordering 1. Proposed vacation is consistent with the Comprehensive Plan. the alley carry the same Future Land and Zoning designations simplifies the situation "Yes." and improves the chances that any Future development will continue to be compatible with surrounding propettles, 2. Right-of-way to be vacated is not the sole access to any property, and the As can be seen in the preceding aerial remaining access is not an photograph, al/properties ad, joining the easement. proposed vacation have access from either "See documentation." SW znd or SW 3rd Avenues None of the east -west rights-o e-way between SW ,end and SW 3rd Avenues south of -% nA Street have been improved to 3. Proposed vacation is in the public Facilitate vehicular trafc exceptSW,21st interest and provides a benefit to the Street which provides access to the City. development west of SW sth Avenue. "Closing the road does not affect any /t should be noted that it appears that the citizen by closing of proposed vacation. Faith Christian Center has already utilized Also puts road back on the tax roll!" some of the R/W for its fenced in outdoor play area. The only benefit to the City is returning the right -of --way to the City tax rolls. The Applicant has submitted Letters of No Objection or Utlhity Company Authorizations From FP&L, CenturyLink, Comcast, and 4. Proposed vacation would not OUA. However, OUA requires that the jeopardize the location of any utility. north half of Zsth Street must be reserved "See attached documentation." as an easement with OUA granted unrestricted z4 hour access; with OUA being responsible only For restoration of seedlmu/ch/sod in the event work is required on the water main. LeR� ptinnLng Staff Report Street Closing Recommendation Applicant's: Delbert & Donna Howard Petition No. 18-002-SC Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley vacation/abandonment can be considered consistent with the requirements of Sec. 78-33. Submitted by: Wm. F. Brisson, AICP Sr. Planner LaRue Planning October 26, 2018 TRC Meeting: November 15, 2018 PB/BOA Meeting: December 20, 2018 City Council 15t Reading: February 5, 2019 City Council 2"d Reading and Public Hearing: February 19, 2019 L�RT. S p�M ng MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, NOVEMBER 15, 2018,10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 I. CALL TO ORDER - Chairperson. The November 15, 2018, Technical Review Committee (TRC) meeting was called to order at 10:00 a.m. by Chairperson Montes De Oca. II. STAFF ATTENDANCE - Secretary. Voting Members: City Administrator Marcos Montes De Oca - Present Building Official Jeffery Newell - Absent (Entered chambers at 10:06) Fire Chief Herb Smith - Present Police Chief Robert Peterson - Absent (Major Hagan in attendance) Public Works Director David Allen - Present Non -Voting Ex-Officio Members: City Attorney John R. Cook - Absent with consent City Planning Consultant Bill Brisson - Present City Civil Engineering Consultant -Attendance not requested County Environmental Health Department Victor Faconti - Present OUA Executive Director John Hayford - Present School District Representative - Absent Committee Secretary Patty Bumette - Present (Ms. Dunham, General Services Secretary, in attendance as well) III. AGENDA - Chairperson. Chairperson Montes De Oca asked whether there were any requests for the addition, deferral or withdrawal of items on today's Agenda. There being none the Agenda stands as published. IV. MINUTES - Secretary. Public Works Director Allen moved to dispense with the reading and approve the Minutes for the regular meeting held September 20, 2018; seconded by Major Hagan. Motion carried unanimously. V. NEW BUSINESS - Secretary. A. Abandonment of Right -of -Way Petition No. 18-002-SC, a portion of Southwest 18th Street between Southwest 2nd and 3rd Avenues (approximately 300-feet by 40-feet) - Senior Planner. Planning Staff Report: Planner Brisson explained the Applicants, Mr. Delbert and Ms. Donna Howard, are proposing to vacate the 300-foot long, 40-foot wide unimproved Right -of -Way of Southwest 18th Street between Southwest 2nd and 3rd Avenues. The Right -of -Way is lying between Blocks 33 and 36. Marilyn Frazier Revocable Trust owns Lots 5 through 6 of Block 33, Carl and Cassie Murphy own Lots 11 through 12 of Block 33, Faith Christian Center of Okeechobee owns Lot 7 through 8, of Block 36 and the Howards own Lots 1 through 2 of block 36. TRC - November 15, 2018 - Page 1 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Petition No.18-002-SC continued. Planninq Staff Report continued: Planning Staffs responses to the required findings are the property is designated Single -Family Residential on the Future Land Use Map and Residential Single -Family One on the Zoning Map. The proposed future use is undetermined. The lands bordering the Right -of -Way carry the same Future Land Use and Zoning designations which simplifies development and enhances the chances that all future development will be compatible with surrounding properties. The Right -of -Way is not the sole means of access to any property. All adjoining or nearby properties have access from either Southwest 2nd or 3rd Avenues. The public benefits associated with the abandonment are: none of the East-West Rights -of -Way between Southwest 2nd and 3rd Avenues South of 17w Street have been improved to facilitate vehicle traffic except 215t Street which provides access to the development West of Southwest 5th Avenue. It should be noted that it appears the Faith Christian Center has already utilized some of the Right -of -Way for its fenced in outdoor play area. 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. The Applicant has submitted Letters of No Objection from Florida Power and Light, CenturyLink, Comcast Cable and Okeechobee Utility Authority (OUA). However, OUA requires the North half of Southwest 18th Street to be reserved as an easement with unrestricted 24-hour access and with OUA being responsible only for restoration of seed/mulch/sod in the event work is required on the water main. Planning Staff is recommending approval based on these findings. County Environmental Health Department: No issues were received. OUA: Mr. Hayford commented there is an existing water main located in this Right -of -Way. An easement for the North half of Southwest 18�1 Street will need to be reserved with unrestricted 24- hour access and with OUA being responsible only for restoration of seed/mulch/sod in the event work is required on the water main. No buildings or permanent structures should be in this Right -of -Way. Public Works: Public Works Director Allen noted that even though the North to South alleyways located between Blocks 33 and 36 are currently not maintained, they are still public Rights -of -Way and the Public Works' Department may need to access them in the future. An access easement for the entire portion of SW 18th Street will be needed. Police Department: No issues were received. Buildinq Official: No issues were received. Fire Department: No issues were received. Chairperson Montes De Oca commented on a concern with the property owner, Faith Christian Center of Okeechobee. Currently they are using part of the Right -of -Way for a fenced in playground area and he doesn't know whether they have a Use Agreement with the City. He would like to address this before recommending approval for the closure so as not to cause undue problems for the property owner to their North. Ms. Sharon Robertson, Mother of the Applicant, Ms. Howard, commented that the two property owners have an agreement between the two of them and will be executing a Quitclaim Deed. TRC - November 15, 2018 - Page 2 of 3 Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. The property owner, Ms. Howard, was in attendance. She did not have any comments nor did the Committee have any questions. Chairperson Montes De Oca then asked TRC Members to disclose for the record whether they had spoken to anyone regarding the Application or visited the site. There were no disclosures. A motion and a second was offered by Fire Chief Smith and Public Works Director Allen to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 18- 002-SC, to abandon a portion of Southwest 18th Street between Southwest 2nd and 3rd Avenues (approximately 300-feet by 40-feet), with the following conditions: QUA requires the North half of Southwest 18w Street to be reserved as an easement with unrestricted 24-hour access and with QUA being responsible only for restoration of seed/mulch/sod in the event work is required on the water main. 2. The City of Okeechobee Public Works Department requires an access easement for the entire portion of Southwest 18th Street. 3. Receive a copy of the Agreement between the property owners on the West side of the Right -of -Way closest to Southwest 3rd Avenue. Motion carried unanimously. VI. ADJOURNMENT— Chairperson. There being no further items on the Agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:08 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Service's media are for the sole purpose of backup for official records of the Department. ATTEST: Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary TRC - November 15, 2018 - Page 3 of 3 DECEMBER 20, 2018 - PLANNING BOARD -PAGE 2 OF 5 - ' "`• - =.:� '- - ;>ACTION __-:DISCUSSION=NOTE . VI. OPEN PUBLIC HEARING —Chairperson. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:04 P.M. A. Abandonment of Right -of -Way Petition No. 18-002-SC, to vacate a Abandonment of Right -of -Way Petition No. 18-002-SC, to vacate a portion of Southwest 18(h Sheet between portion of Southwest 181h Street between Southwest 2^d and 3rd Avenues Southwest 2^d and 3b Avenues (approximately 300-feet by 40-feet), tying between Lots 6 and 12 of Block 33 and (approximately 300-feet by 40-feet), lying between Lots 6 and 12 of Block Lots 1 and 7 of Block 36, FIRST ADDITION TO SOUTH OKEECHOBEE, Plat Book 1, Page W, Public Records, 33 and Lots 1 and 7 of Block 36, FIRST ADDITION TO SOUTH Okeechobee County. OKEECHOBEE, Plat Book 1, Page 17, Public Records, Okeechobee County (Exhibit 1). 1. Review TRC Recommendation — approval with special conditions. Chairperson Hoover yielded the floor to Planner Brisson, who explained the Applicants, Delbert and Donna Howard, are requesting to abandon the unimproved right-of-way. They own Lots 1 and 2 of Block 36 and Faith Christian Center j of Okeechobee Inc. owns Lots 7 and 8 of Block 36. Marilyn Frazier Revocable Trust owns Lots 5 and 6 of Block 33 and Cad and Cassie Murphy own Lots 11 and 12 of Block 33. All the adjoining property owners have no objection to vacating the Right -of -Way. The Petition was reviewed at the November 15, 2018, Technical Review Committee Meeting, a recommendation was made for approval with the following special conditions: Okeechobee Utility Authority (OUA) requires the North half of Southwest 18h Street to be reserved as an easement with unrestricted 24-hour access and with OUA being responsible only for restoration of seed/mulch/sod in the event work is required on the water main; the City of Okeechobee Public Works Department requires an access easement for the entire portion of Southwest 181h Street and a copy is needed of the agreement between the property owners on the West side of the Right -of -Way closest to Southwest 3b Avenue. Planning Staff is recommending approval based on the following responses to the required findings. The property is designated Single -Family Residential on the Future Land Use Map (FLUM) and Residential Single Family One on the Zoning Map. It is not the sole means of access to any property. All adjoining or nearby properties have access via Southwest 2^d or 31d Avenues. None of the East-West Right -of -Way between Southwest 2W and 31d Avenues South of 171h Street has been improved for vehicular traffic except for Southwest 215t Street which provides access to the development West of 511, Avenue. It should be noted it appears Faith Christian Center of Okeechobee Inc. has already utilized some of the Right -of -Way for its fenced in outdoor play area. 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. The Applicant has submitted letters of no objection from all utility companies. However, OUA requires the North half of 181h Street be reserved as an easement with OUA being granted unrestricted 24-hour access; with OUA being responsible only for restoration of seed/mulch/sod in the event work is required on the water main. 2. Hear from Property Owner or Designee/Agent — Delbert and Donna I Chairperson Hoover asked whether the property owner or designee/agent wished to speak. Delbert and Donna Howard. Howard were present and available for questions. There were none. DECEMBER 20, 2018 — PLANNING BOARD - PAGE 3 OF 5 -'ACTION-DISCUSSION-VOTE VI. PUBLIC HEARING ITEM CONTINUED. A. 3. Public comments or questions from those in attendance, or submitted to Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were the Board Secretary for Petition No.18-002-SC continued. none. The Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to twenty three surrounding property owners. 4. Disclosure of Ex-Parte Communications by the Board. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. There were none. 5. a) Consider a recommendation to the City Council to approve or deny Petition No.18-002-SC. b) Board discussion. c) Vote on motion. B. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 18-002SSA, from Single -Family Residential to Commercial, on 0.321t acres located at 410 Northwest 41h Street, Lots 7 and 8 of Block 105, CITY OF 0KEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County (Exhibit 2). 1. Review Planning Staff Report —recommending approval. Motion and a second offered by Members Baughman and McCreary to recommend approval to the City Council for Abandonment of tight -of -Way Petition No. 18-002-SC, to vacate a portion of Southwest 181h Street between Southwest 2^d and 3rd Avenues (approximately 300-feet by 40-feet), lying between Lots 6 and 12 of Block 33 and Lots 1 and 7 of Block 36, FIRST ADDITION TO SOUTH OKEECHOBEE, Plat Book 1, Page 17, Public Records, Okeechobee County with the following special conditions: OUA requires the North half of Southwest 1 Bib Street to be reserved as an easement with unrestricted 24-hour access and with OUA being responsible only for restoration of seed/mulch/sod in the event work is required on the water main; the City of Okeechobee Public Works Department requires an access easement for the entire portion of Southwest 181h Street and a copy is needed of the agreement between the property owners on the West side of the Right -of -Way closest to Southwest 31d Avenue. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER —YEA MCCOY—YEA BATTON—ABSENT BAUGHMAN—YEA BRASS —YEA JONASSAINT—ABSENT MCCREARY—YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for February 19, 2019, 6:00 P.M. Comprehensive Plan Small Scale FLUM Amendment Application No.18-002SSA, from Single -Family Residential to Commercial, on 0.321t acres located at 410 Northwest 41h Street, Lots 7 and 8 of Block 105, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County. Planner Brisson reviewed the Planning Staff Report and explained the maximum standard density allowable in the Single -Family Residential Future Land Use Category is four units per acre. Maximum development potential is one single-family unit. If the existing building were to be demolished, the practical maximum development potential of the subject parcel would be a two-story office building, if the required parking could be made available. The property is To Whom It May Concern: We, Carl and Cassie Murphy (Lots 11 and 12, Block 33 First Addition to South Okeechobee) have reached a mutual agreement with our neighbor Faith Christian Center of Okeechobee (Lots 7 and 8, Block 36 First Addition to South Okeechobee) If/when road closure, (Eleventh Street on plat AKA SW 18" Street lyi between blocks 33 and 36 on plat of First Addition to South ,keechobee) is granted. Signature of Property Owner Signature of Property Owne Carl Murphy Printed Name STATE OF Bod(j Ia-- COUNTY 0F3,�h,, &e_ Cassie Murphy Printed Name biq The foregoing instrument was acknowledged before the on this jbfL,bf QA (date) by Who is personally known to me or who produced ��Orida J-)n Ver5 b OIMS6 & as M Lc10-114-99-835-1 Classic Nicole Murphy identification and who did (did not) take oath. 10 10 Id0-95•-0v-0 call Murphy (Seal) ,V I- `F Notary Pubile State of Florida I Patty M Bumette +� My Commission GG 008157 @OF Expires 10/0212020 r (Notary Public Signature) Commission No. GC? 0013(S7 (Name of Notary Typed, Printed or Stamped) STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee Cou y��, M,,,(o1ri�da, that the attached copy of advertisement being a Tl�-� 14cT4ck-j in the matter of C) in the 19th Judicial Distrid of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake 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. ZtL Katrina Elsken Sworn to and subscribed before me this � ' day of l �i�wCi V �i a-p I q AD Notary Public, State of Florida at Large Lake Okeechobee -News'. 107 SW 17th tr ' t., Suite D t 1 ., Okeechobee , �forida 34974 �� OONSIDQ2ATION OFADOMING A WYORDIPMCE Al mantes of the p.M am emnourbacjedd m�atmd and pu*%x k h said Hmft atp OAiOES. lyOakd+ln9romelb��tnus�Mar I �00Ath4:30M�t ►BPS ANY PERSON MxzbM 10 APPEAR ay ded;bn made by the ay C'a+dwth�PeQbanymaor- 11 latftsmeettgvAneedtoer sae a �ebann rend of the pig is made and the record M the te4ttcty and ehlace upon vMh the app�I vM be based. In a=rdarxe wth the Arretars vAdr D6ab91esAd (AA4), aN vAh a QabRy as dAhed bf Ov AM that needs syedal m I % - h this gRxrotatathnwtX daysprbrp=grM3d7h3-%Oa16 BE ADVISED datdnrid you tb'nd to shm aanayndxmrM ddve Ndao or lens m the Crud In support or oPPr�bnMltSl be�patiadtlie� a E%k �pkb,G WA!or len . the Cly o. � � ANGiEBR1DGES * ? WC0MMMS10N$FF978149 FJ0'IRES:AP620,2020 o: •'•'Fos ARW BtNldt illUN0taryPokuf omflka Exhibit 2 ORDINANCE NO. 1179 Feb 19, 2019 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CENTRAL BUSINESS DISTRICT TO HEAVY COMMERCIAL ZONING DISTRICT (PETITION NO. 19-001-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Steve Lipofsky of Southeast Investments, Inc. has heretofore filed Petition No. 19- 001-R, on behalf of the property owners JMass Management, LLC; David R. Watford; and 205 N. Parrot Ave. Holdings, LLC, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of approximately 1.72 acres from Central Business District to Heavy Commercial, and that this request be removed from the boundaries of the above -mentioned Zoning District to allow for the processing of the rezoning Petition; and WHEREAS, said Petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the Applicant, that such Petition is consistent with the Comprehensive Plan; and WHEREAS, said Petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on January 17, 2019, determined that such Petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds Petition No. 19-001-R to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before 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; that: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 1.72 acres, as the subject property, located in the City of Okeechobee, to -wit: PARCEL 1: LOTS 1 THROUGH 4, INCLUSIVE, OF BLOCK 156, TOWN OF OKEECHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT ALSO BEING RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH PARCEL 2: LOTS 7, 8, 9, AND 10, OF BLOCK 156, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH PARCEL 3: LOTS 11 AND 12, OF BLOCK 156, OF THE TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10 AND REPLATTED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Central Business District to Heavy Commercial. Ordinance No. 1179 Page 1 of 2 SECTION 3: I'III CORFLICT. t All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective immediately upon adoption. INTRODUCED for First Reading and set for Final Public Hearing on this 5th day of February, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 19t' day of February, 2019. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1179 Page 2 of 2 City of Okeechobee Date0�0e0JbPr5ia018 Petition No. J -00 J- General Services Department Fee Paid: 9 10. 00 Jurisdiction: 55 S.E. 3rd Avenue, Room 101 1 Hearing: 2no Hearing: Okeechobee, Florida 34974-2903 Publication Dates: Phone: (863) 763-3372, ext. 9820 Fax: (863) 763-1686 Notices Mailed: -a- 9 :Rezorie;.Special Exception-and.Variance APPLICANT INFORMATION 1 Name of property owner(s): Please see attached 2 Owner mailing address: Please see atttached 3 Name of applicant(s) if other than ownerSteve Lipofsky,PE c/o Southeast Investments, Inc. 4 Applicant mailing a6dress:2655 North Ocean Drive Ste. 401 Singer Island, FL 33404 E-mail address: slipofsky@theferibercompany.com 5 Name of contact person (state relationship): 6 Contact person daytime phone(s): 904-285-7600 PROPERTY INFORMATION Property address/directions to property. NWC Park Street & 2nd Ave Okeechobee, FL 34972 7 Describe current use of property. Vacant Land, Parking lot and two out parcel buildings. 8 Describe improvements on property (number/type buildings, dwelling units, occupied or vacant etc. 9 Proposed 6,119 SF Wawa convenience store with gas sales, Supporting parking and landscap 0 Source of potable water: city water p Method of sewage disposal: City Sewer 10 Approx. acreage: 1.72 Is property in a platted subdivision? yes Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: 11 12 Is a pending sale of the property subject to this application being granted? Yes Describe uses on adjoining property to the North: 13 North: East: South: West: 14 Existing zoning: commercial Business Dist. Future Land Use classification: Heavy Commercial District 15 Have there been any prior, rezoning, special exception, variance, or site plan approvals on the property? (ONo L___)Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (� Rezone L_) Special Exception (_) Variance 17 Parcel Identification Number:3-1sa73s-oo,o-o,sso-oo7o,a-,s-s»s-oo,o-o,sso-0oso,s-,s37-3s-oo,o-o,s6o-0„o,3-,s,3Tas.00,o-0,seaao,o (Rev 92017) Page I of 11 J REQUIRED ATTACHMENTS. 18 Applicant's statement of interest in property: Construct Wawa convenience store Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11 x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date Steve Upofsky, PE 12/3/18 For questionXelating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2of11 Tm Bohler Glades Engineering FL, LLC 05E BOHLER2255 Glades Road, Suite 305E _ Boca Raton, FL 33431 �p E N G I N E E R I N G PHONE 561.571.0280 WAWA GASOLINE SERVICE STATION & CONVENIENCE STORE Northwest comer of NW Park Street & NW 2"d Avenue r Rezone Criteria Narrative The proposed site is located on the northwest corner of NW Park Street & NW 2nd avenue. A 6,119- square foot gasoline service station/ Convenience Store and Restaurant, along with 6,055-square foot canopy 16 Vehicle fueling positions and supporting infrastructure will be placed on the site and will integrate the current development and design standards set forth by the City of Okeechobee. The existing site consists of a two story 7,392 SF retail building, a 1,232 SF tire store and a parking lot. The existing site has been in operation in the last 5 years. Per coordination with Okeechobee Utility Authority, the city will provide sufficient capacity to provide water and wastewater services to the site and a written statement from the utilities department has been obtained in a form of a will serve letter to confirm it. Sign off for the relocation of the main lines have been provided, as required for the alley abandonment. Additionally, a new 20-foot easement will be provided with the relocated water and sewer mains running through the site which will be necessary for the installation and maintenance of a potable water service transmission system and the Gravity Sewer MHs and main lines, which will meet all applicable health and environmental regulations. All fees required to be paid for water and sewer contribution and all other charges shall be paid when required. Fire protection services will be provided on the site to protect people and the property in the proposed development. A fire hydrant will be placed south of the building located within a landscape island. A pathway has been designed meeting the minimum turning radii requirements to allow adequate access for a fire truck to access the site and connect to the proposed fire hydrant. Fire hydrants shall deliver adequate pressure for the site. The development will be consistent with the city's comprehensive plan by integrating the future land use, transportation, infrastructure and conservation elements into its design. All drainage and retention for the project shall be in accordance with applicable governmental regulations. A traffic study has been provided, demonstrating that the traffic generated by the proposed development can be accommodated on the regional transportation network at an acceptable level of service and meeting the concurrency requirements of the City of Okeechobee. Wawa is often described as a restaurant that sells gasoline. It provides its patrons with a convenient stop for fresh, built -to -order foods, beverage, coffee, fuel services, free air and surcharge -free ATMs. All of Wawa's stores offer a large fresh food service selection, including Wawa brands such as built -to -order hoagies, fresh brewed coffee, hot breakfast sandwiches, built -to -order specialty beverages, and an assortment of soups, sides and snacks. Based on the breakdown of area uses within a Wawa store, approximately 55.8% of the total building square footage is used for the restaurant only, while approximately 17.1% is used for the convenience store area. The Project seeks to redevelop these lots with a vibrant, state-of-the-art commercial use that will serve the surrounding community. CIVIL AND CONSULTING ENGINEERS - PROJECT MANAGERS - SURVEYORS - ENVIRONMENTAL CONSULTANTS - LANDSCAPE ARCHITECTS WWW.BOHLERENGINEERING.COM B O H L E R City of Okeechobee I2-18-2018 E N C I N E E R I N C Page 2 of 3 Findings Required for Granting a Rezoning or Change in Land Development Regulations 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. Response: Proposed rezoning is consistent with the Okeechobee Comprehensive plan with the approval of a special exception. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Response: Proposed use applied for is listed specifically as a special exception to Heavy Commercial Zoning.. 3. The proposed use will not have an adverse effect on the public interest. Response: Proposed use will benefit public interest through providing a gasoline service station located centrally to two major thoroughfare roads, and providing job opportunities to the public. The site is being designed to minimize traffic and visual impacts to the public. Additionally, while providing its patrons with a convenient stop for fresh, built -to -order foods, beverage, coffee, fuel services, free air and surcharge -free ATMs, and providing additional jobs to the community. Wawa offers employee ownership and college reimbursements to employees and promotes community involvement, often getting involved with local charities. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Response: The site is located one block west of the intersection of two principal arterial roads integral to through traffic carrying goods and passengers between major cities. A fuel station located at this site will not only confine through traffic to the area nearest their intended route but encourage extra trips to local businesses by these patrons. 5. The proposed use will not adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property. Response: The proposed use will improve value of existing lots and bring the site to conformity with current city code to improve visual aesthetic of the site, and compliment adjacent property. 6. The proposed use can b� suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Response: A 10' buffer on all exterior sides planted in excess of the City's min standards, as well as a 2' strip on interior sides is being provided for conformity with the Town's code, which has been landscaped with hedge vegetation to provide 24" of screening at time of planting. Overall as many trees that could be planted have been provided, attempting to reduce mitigation trees. CIVIL AND CONSULTING ENGINEERS -PROJECT MANAGERS -SURVEYORS -ENVIRONMENTAL CONSULTANTS, LANDSCAPE ARCHITECTS WWW.BOHLERENGINEERING.COM B OH LER E N G I N E E R I N G City of Okccchobcc 12-18-2018 Page 3 of 3 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Response: Response: The proposed use will minimize impact to the SR-70 frontage street by providing full access on minor side streets. Full access will distribute traffic such that no local road will be overburdened; and the removal of existing access on SR-70 will prevent backup of through traffic on this road. A traffic study has been provided that demonstrates the concurrency requirements have been met for the City of Okeechobee 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Response: The site has been designed to meet or exceed drainage requirements for applicable drainage code and criteria set forth by, but not limited to, SFVVM FDOT, and the City of Okeechobee, A combination of swales and underground vaults will provide adequate stormwater treatment and storage. Positive legal discharge will be provided through an FDOT outfall connection to the SR70 drainage system improving upon the existing condition that currently discharges down all existing driveways with no existing retention or underground vaults with existing water treatment requirements not being met. Coordination has been made with FDOT to remove existing access on SR-70 reducing potential traffic issues. A traffic study has been provided that demonstrates an acceptable level of service and meeting the concurrency requirements of the City of Okeechobee. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. Response: The proposed use is free from unnecessary restrictions. CIVIL AND CONSULTING ENGINEERS • PROJECT MANAGERS • SURVEYORS - ENVIRONMENTAL CONSULTANTS • LANDSCAPE ARCHITECTS WWW.BOHLERENGINEERING.COM } N .i� .1 ADDITIO AL- ORNiATIONRE` UIRI;DFOR-AREZONI°NG _ A Current zoning classification: commercial Business District Requested zoning classification Heavy Commercial District Describe the desired permitted use and intended nature of activities and development of the property? g Proposed Wawa gas station, convenience store, & restaurant, which Includes a coffee shop area and two air compressor parking spaces and an outdoor seating area. Is a Special Exception necessary for your intended use? CD) No ✓ Yes If yes, briefly describe: C Yes required for gas stations. Is a Variance necessary for your intended use? ✓ No CD Yes If yes, briefly describe: D. No variances known of at this time. Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. Proposed rezoning is consistent with the Okeechobee Comprehensive plan with the approval of a special exception. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Proposed use applied for is listed specifically as a special exception to Heavy Commercial Zoning. 3. The proposed use will not have an adverse effect on the public interest. Proposed use will benefit public interest through providing a gasoline service station located centrally to two major thorough fare roads, and providing job opportunities to the public. The site is being designed to minimize traffic and visual impacts to the public. Additionally, while providing its patrons with a convenient stop for fresh, built -to -order foods, beverage, coffee, fuel services, free air and surcharge -fret ATMs, and providing additional jobs to the community. Wawa offers employee ownership and college reimbursements to employees and promotes community involvement, often getting involved with local charities. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The site is located one block west of the intersection of two principal arterial roads integral to through traffic carrying goods and passengers between major cities. A fuel station located at this site will not only confine through traffic to the area nearest their intended route but encourage extra trips to local businesses by these patrons. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use will improve value of existing lots and bring the site to conformity with current city'code to improve visual aesthetic of the site, and compliment adjacent property. (Rev 9/2017) Page 6 of 11 Findings required for rezoning or change in land development regulations (cont.) 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood A 10' buffer on all exterior sides planted in excess of the City's min standards, as well as a 2' strip on interior sides is being provided for conformity with the Town's code, which has been landscaped with hedge vegetation to provide 24" of screening at time of planting. Overall as many trees that could be planted have been provided, attempting to reduce mitigation trees. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and The proposed use will minimize impact to the SR-70 frontage street by providing full access on minor side streets. Full access will distribute traffic such that no local road will be overburdened; and the removal of existing access on SR-70 will prevent backup of through traffic on this road. A traffic study has been provided that demonstrates the concurrency requirements have been met for the r 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The site has been designed to meet or exceed drainage requirements for applicable drainage code and criteria set forth by, but not limited to, SFWXD FDOT, and the City of Okeechobee, A combination of swales and underground vaults will provide adequate stormwater treatment and storage. Positive legal discharge will be provided through an FDOT oulfall connection to the SR70 drainage system improving upon the existing condition that currently discharges down all existing driveways with no existing retention or underground vaults with existing water treatment requirements not being met. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use is free from unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. (Rev 9/2017) Page 7 of 11 v Lq TM -b"OH'L E E N G I N E E R I N G Owner Lists Jmass Management, LLC 180 NW 3rd Ave Suite A Okeechobee, FL 34972 David R. Watford 200 NW Park Street Okeechobee, FL 34972 205 N Parrot Ave Holdings, LLC 850 NW Federal Hwy Suite 206 Stuart, FL 34994 Bohler Engineering FL, LLC 2255 Glades Road, Suite 305E Boca Raton, FL 33431 PHONE 561.571.0280 CIVIL AND CONSULTING ENGINEERS - PROJECT MANAGERS • SURVEYORS • ENVIRONMENTAL CONSULTANTS • LANDSCAPE ARCHITECTS WWW.BOHLERENG INEERING.CO M _ TM ^ 5 Bohler Glades Engineering Suite LLC `'-BOHLE 2255 Glades Road, Suite 305E { ` _ Boca Raion, FL 33Z1 t+7 T7 A A�? U PHONE 561.571.0280 Legal Descriptions LEGAL DESCRIPTION (PARCEL 1) LOTS 1 TROUGH 4, INCLUSIVE, BLOCI: 156, TOWN OF OKEECHOBEE, ACCORDING TO THE MAP OF PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT ALSO BEING RECORDED IN PLAT BOOK 1, PAGE WAND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LEGAL DESCRIPTION (PARCEL 2) LOTS 7, 8, 9, AND 10, BLOCK 156, CITY OF OKEECHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE(S) 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LEGAL DESCRIPTION (PARCEL 3) LOTS 11 AND 12, BLOCK 156, OF THE CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10 AND REPLATTED in PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA CIVIL AND CONSULTING ENGINEERS • PROJECT MANAGERS • SURVEYORS • ENVIRONMENTAL CONSULTANTS • LANDSCAPE ARCHITECTS WWW.BOHLERENGINEERING.COM Staff Report Rezoning Request Prepared for.• Applicant: Petition No.: The City of Okeechobee Southeast Investments, Inc. 19-001-R Staff Report Applicant: Southeast Investments, Inc. Rezoning Petition No. 19-001-R 205 Parrott Ave. Holdings, LLC 2740 SW Martin Down Blvd., #247, Palm City, FL 34990 Owners David R. Watford, 200 NW Park St., Okeechobee, FL 34972 Jmass Mgmt., LLC, 180 NW 3rd Ave, Ste A, Okeechobee, FL 34972 Applicant Steve Lipofsky, PE (Dir. of Retail Services.) Site Address Northwest comer of Park Street and NW 2nd Avenue Contact Person Steve Lipofsky Contact Phone # 561-625-9125 Contact E-mail slibofsky@theferebercompany.com Legal Description of Subject Property Identification numbers: 3-15-37-35-0010-1560-0070; 3-15-37-35-0010-1560-0090; 3-15- 37-35-0010-1560-0110; 3-15-37-35-0010-1560-0010 PARCEL 1: LOTS 1 THROUGH 4, INCLUSIVE, BLOCK 156, TOWN OF OKEECHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT ALSO BEING RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL 2: LOTS 7, 8, 9, AND 10, BLOCK 156, CITY OF OKEECHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE(S) 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL 3: LOTS 11 AND 12, BLOCK 156, OF THE CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10 AND REPLATTED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Request The matter before the Local Planning Agency and City Council is an application to rezone a 75,017 square -foot (1.72 ac) property from CBD, Central Business District, to CHV, Heavy Commercial. The current and proposed Future Land Use designations, zoning, existing land uses, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 7 through 9. LIRA 1 planning I Staff Report Rezoning Future Land Use Map Classification Zoning District Use of Property Acreage Existing Commercial Applicant: Southeast Investments, Inc. Petition No. 19-001-R Proposed Commercial CBD, Central Business District CHV, Heavy Commercial Commercial retail, service and office space uses, vacant land, and parking 75,017 sf (1.72 acres) Wawa convenience store with fuel pumps, and including a restaurant and coffee shop with both indoor and outdoor seating. 75,017 sf (1.72 acres) Future Land Use, Zoning, and Existing Uses on Surrounding Properties North East South West Adjacent Northwest Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Commercial CPO, Commercial Professional Office First Methodist Church Commercial CBD, Central Business District Walgreens Public Facilities PUB, Public Use City Park Commercial CBD, Central Business District Advance Auto Parts Commercial CBD, Central Business District Professional Offices L'R- 2 planning Staff Report Applicant: Southeast Investments, Inc. Rezoning Petition No. 19-001-R Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided brief comments to each of the required findings. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Arial typeface. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "Proposed rezoning is consistent with the Okeechobee Comprehensive plan with the approval of a special exception." Staff Comment: The requested rezoning is consistent with the Comprehensive Plan. The request involves a zoning change to CHV which is a zoning district specifically cited in the Comprehensive Plan as appropriate for a property designated Commercial on the Future Land Use Map (FLUM) 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. " "Proposed use applied for is listed specifically as a special exception to Heavy Commercial Zoning." Staff Comment: The applicant is proposing several uses for the site. Both the restaurant and the convenience store are specifically listed as permitted uses in the proposed CHV zoning district. However, a convenience store with fuel pumps is listed as a special exception use in that district. The applicant has applied for a special exception use to be reviewed concurrently with this rezoning request. 3. The proposed use will not have an adverse effect on the public interest. "Proposed use will benefit public interest through providing a gasoline service station located centrally to two major thoroughfare roads, and providing job opportunities to the public. The site is being designed to minimize traffic and visual impacts to the public. Additionally, while providing its patrons with a convenient stop for fresh, built -to -order foods, beverage, coffee, fuel services, free air and surcharge -free ATMs, and providing additional jobs to the community. Wawa offers employee ownership and college reimbursements to employees and promotes community involvement, often getting involved with local charities." Staff Comment: We agree that the provision of fuel, convenience store goods and food is a benefit to the community. However, the proposed uses are higher intensity than the current uses, will generate an increase in vehicle trips, and are likely to have some minimal impacts on the surrounding uses. However, the location on SR 70, one block off US 441, is an appropriate location within the City, and there should not be any adverse impacts on the greater public interest. L,K„. planning Staff Report Rezoning Applicant: Southeast Investments, Inc. Petition No. 19-001-R 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The site is located one block west of the intersection of two principal arterial roads integral to through traffic carrying goods and passengers between major cities. A fuel station located at this site will not only confine through traffic to the area nearest their intended route but encourage extra trips to local businesses by these patrons." Staff Comment: The applicant is requesting to rezone from CBD to CHV. The subject property is surrounded by CBD, CPO and PUB, with no other CHV properties immediately adjacent. The existing uses on the immediately adjacent properties include a Walgreens, professional offices, Advanced Auto Parts, and the First Methodist Church. Across SR 70 to the South is city -owned park property. The requested CHV zoning and proposed uses are slightly more intense than the surrounding zoning designations and existing uses, though the proposed use is not out of character with the SR 70 commercial corridor. It is important to note that the applicant proposes to operate 24 hours per day, but that should not affect the adjacent land uses as there are no existing residential uses in the surrounding area that will be disturbed by nighttime operations. The adjacent church is a semi-public use that should not be affected other than a potential moderate increase in traffic. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "The proposed use will improve value of existing lots and bring the site to conformity with current city code to improve visual aesthetic of the site, and compliment adjacent property." Staff Comment: Since there is no surrounding residential, there should be no adverse effects on living conditions; and it is difficult to predict the effects on property values. However, the proposed site plan and landscape plan are nearly completely in compliance with City Land Development Code and the proposed use should not deter the improvement or development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "A 10' buffer on all exterior sides planted in excess of the City's min standards, as well as a 2' strip on interior sides is being provided for conformity with the Town's code, which has been landscaped with hedge vegetation to provide 24" of screening at time of planting. Overall as many trees that could be planted have been provided, attempting to reduce mitigation trees." Staff Comment: The applicant is providing landscape buffering in accordance with City Land Development Code with the exception of the west side of the building and the loading zone. This deficiency is outlined in the site plan review and a recommended condition of site plan approval is that a 2 foot landscape strip should be added between the building and the loading zone. L-K 4 planning 17 Staff Report Rezoning Applicant: Southeast Investments, Inc. Petition No. 19-001-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The proposed use will minimize impact to the SR-70 frontage street by providing full access on minor side streets. Full access will distribute traffic such that no local road will be overburdened; and the removal of existing access on SR-70 will prevent backup of through traffic on this road. A traffic study has been provided that demonstrates the concur ency requirements have been met for the City of Okeechobee." Staff Comment: The applicant is not proposing a residential use. There will not be any increase in density at the subject property. The proposed use will not create traffic congestion, ,flooding or drainage problems, or otherwise affect public safety. "The site has been designed to meet or exceed drainage requirements for applicable drainage code and criteria set forth by, but not limited to, SFWMD FDOT, and the City of Okeechobee, A combination of swales and underground vaults will provide adequate stormwater treatment and storage. Positive legal discharge will be provided through an FDOT outfall connection to the SR70 drainage system improving upon the existing condition that currently discharges down all existing driveways with no existing retention or underground vaults with existing water treatment requirements not being met." Staff Comment: The proposed site plan does not contain any drainage deficiencies and public safety should not be affected by the proposed uses. However, the proposed uses will generate an increase of vehicle trips at the site and there is a remaining queuing issue raised by the City traffic consultant. It is recommended that the Applicant should quantify the existing queue on NW 2nd Avenue to ensure that there is no back-up onto SR 70 as vehicles attempt to turn into the Wawa. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use is free from unnecessary restrictions." Staff Comment: We agree. L-1R.I. planning Staff Report Rezoning Applicant: Southeast Investments, Inc. Petition No. 19-001-R Recommendation Based on the foregoing analysis, we find the requested rezoning to CHV to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend approval of the Applicant's rezoning request. Submitted by: /",//-G Jam- - -- Wm. F. Brisson, AICP Sr. Planner January 9, 2019 Planning Board Public Hearing: January 17, 2019 City Council Public Hearings: February 5, 2019 and February 19, 2019 Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Existing Land Use, Subject Site & Environs L-Kuc 6 planning Staff Report Rezoning Applicant: Southeast Investments, Inc. Petition No. 19-001-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS NW 2nd St. NW Park StJSR 70 COMPREHENSIVE PLAN LAND USE —1 SINGLE - FAMILY (�) PAULTi - FAMILY CCIIv1R'I_RCI.AL IN D'J STR IAL PUBLIC FACILITIES 1 i RESIDENTIAL MIXED USE L,Ku. Planning t to 7 8 vld IOL 2AS/'IS Ved AAN z N Q. C 'IS PUZ MN SNOUAN3 dN`d 31lS 103rans ONINOZ ?K00-6 � 'ON u01149d •ouI `sjuauajsanul jseayjnoS :jueollddy 6uiuueld .;Nu-1 Ll AI.IYYd 310NIS IYI1h3CIS3H-LdS2! AlAYd31041S-MINK IM tdSN BAOH3l'9CNltlIINMISM1 HNa d-and 03x: N-Ond S3wii:Yd 011snd - end Itll� SnONI-CNI ONCIOH-H 30:4:C WNCISS3d0b�d NIYCO - OdO IY102131'003LHSII-110 "? IYIOl214INCOAAtl3H-AH3 C3 10ni1SICSS3NISneimoo-Oso 0 JNINOZ 6uluoza�j ljoday JIelS i Staff Report Applicant: Southeast Investments, Inc. Rezoning Petition No. 19-001-R EXISTING LAND USE SUBJECT SITE AND ENVIRONS L-R,!� Planning 0 Rezoning Petition No.19-001-R Planning Board Meeting Motion and a second was offered by Members Baughman and Jonassaint to recommend approval to the City Council for Rezoning Petition No. 19-001-R, from Commercial Business District to Heavy Commercial for Lots 1 to 4 and 7 to 12 of Block 156, OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, containing 1.72t acres located in the 200 block of Northwest Park Street, for the proposed use of a convenience store with fuel pumps. STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee Coun j Y; Florida, that the attached copy of advertisement being a 1't✓L'�`�� in the matter of Z--o'�i in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 9- 'g I XC) n Affiant further says that the said Lake 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 before rye this ' day of g 0 l 9 AD Notary Public, State of Florida at Large A Lake Okeechobee N 107 SW 17th Street, i Okeechobee, Fj �<Q4N'- 863-76.3,9;134 974cr� ' Itrrr•..• ,. - • • i : i 7 . �Ji CrrYOFOKEECHOBEE NQIICE OF ZDtMiG CHANGE CONSMEiATION OFADOMING AC77YORDINANCE !HEREBY OVEN that the CYy Cbtnd of the C vnT rtttdrt a RbGc Hearin m Tues, Febn— ar;r' The Ctd mnce is rewb ig Rew c Pmmn Na L9-Dour, stnrme by SteaLlpoBky,P.E,Soi k eonstSInc.anbdiafofthepoperVm r ersy4 s m3mgat*M iiq Cam R NtNorct; and M5 H. FWdA%e Hoti- VVs�LLBad5aponx Maae;batrdhthe20Dbb&479VW1 North Pads RMa' thhee ��ed osek a oansiaKnSore wth fuel p�r� LEGAL- LOTS S THROUGH 4 AND 7 THROUGH 17, DKLUSI OF BLOCK 156, TOWN OF OIQmoxximiCRY OF DIM AG CDRDIIIGTOTHEPLATTNHtEOFASREmRRDEDINPLAT Z PAGE 17, PUBLIC RECORDS OFST. I I MECOL WY, R.ORMk AND IN PLAT S 1 Aft 5, PAGEfS) 3D AND% PUBLIC RECORDS Al m ybers of the pUbk are a ==7 d m aherd and mete I, sad HegThepgxsedOak— atmp�I nemIn,attsbmr "broyrrrc■�rdXYS C'%tm0e�MOM. F403a�o ANY PatsoN DEG TO APPEAL ary made by the Cltv aayyne—Eldadatthlsme&uw2needoen- uoaomofft poma" Is made and the moord txtrdes the �9itnny and evtlrxne tpm whth the al rdl be based In am3dmae wIhtheMralmrswdtDLab6tksAd(ALYU.1 wthadayas daft by tte ADA, that reds qmM ao>xmro tbn tD MWpala In thts po�, mr�dtheatvt> pBrEnotmrttwWmddrresdaysprbr pto oo°gtrg, t363-763 . BEADMMttDtdnMyoutamdtostowary&2VV,c ,e,WED ortmI W the adhsgportOropp�3iontem io Omen a % � 'G" •,w�"'•• ANGIEBRIDGES WC OMMISSK OFF976149 EXPIRES, April 20,2020 I ��ftiOOi fk�P , ftdDd TW VtW PLM UrldBtWt n Exhibit 3 Feb 19, 2019 ORDINANCE NO. 1180 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN ALLEY OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 156, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5 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 of Okeechobee General Services Department received Abandonment of Right -of -Way Petition No. 19-001-AC submitted by Southeast Investments, Inc., on behalf of the property owners, 205 N.PARROT AVE.HOLDINGS, LLC; JMASS MGMT, LLC; and David R. Watford, for the closing of a certain alleyway as described in this Ordinance; and WHEREAS, the City of Okeechobee Technical Review Committee reviewed and discussed Petition No. 19-001-AC at a duly advertised public meeting held on January 17, 2019, and recommended approval; and WHEREAS, Petition No. 19-001-AC was reviewed and discussed by the City of Okeechobee Planning Board at a duly advertised Public Hearing held on January 17, 2019, and determined such Petition to be consistent with the Comprehensive Plan, and recommended approval; and WHEREAS, the City Council reviewed Petition No. 19-001-AC 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, there are existing utility services above or below this alleyway which require access and maintenance, and reservation of easements to secure access to the alley as necessary until the effective date of this ordinance; 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 unimproved, dedicated alleyway described hereafter and as shown on Exhibit A, is hereby closed, vacated, and abandoned by the City of Okeechobee, Florida to -wit: THAT 15-FOOT WIDE ALLEY RUNNING EAST TO WEST BETWEEN LOTS 1 TO 6, AND LOTS 7 TO 12 OF BLOCK 156, CITY OF OKEECHOBEE, PLAT BOOK 5, PAGE 5, PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA. Ordinance No. 1180 - Page 1 of 4 SECTION 2: The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility proposes as described and shown on Exhibit B labeled as "Easement Exhibit" in and over the vacated portion of alleyway between Lots 5 to 6, and 7 to 8 of said Block 156; an 18.00-foot by 18.91-foot area on the East end of said Block 156, between Lots 1 and 12; and relocation of easements for Florida Power and Light, Comcast, Okeechobee Utility Authority, and a proposed Florida Public Utility easement. SECTION 3: The proposed easements set out on Exhibit B will be supplemented by subsequent recorded easements setting forth the precise location of the re- located utility easements. SECTION 4: The City Clerk shall cause a certified copy of the Ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION 5: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: 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 7: Effective Date. This Ordinance shall be set for Final Public Hearing the 19th day of February, 2019, and shall take effect upon easements provided on Exhibit B, excluding the proposed easement for Florida Public Utility, are recorded in the public records of the Clerk of Circuit Court, Okeechobee County, Florida. INTRODUCED for First Reading and set for Final Public Hearing on this 5th day of February, 2019. ATTEST: Lane Gamiotea, CMC, City Clerk Dowling R. Watford, Jr., Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 19th day of February, 2019. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1180 - Page 2 of 4 0 .p. ro. N N.W. 4 TH AVE AWL > 0 0 f NYI. 3 RD AVE .......... z 5- co X- > c6lo ?05. ;0' CD 0 L; o) t.d c: w 1F� I- U, S, HVN 441 STATE ROAD 15 L r- ;1 -=--j NW 2 ND AVE Ib LI Ft 1),S.WN441 STATE ROAD 15 6u ORDINANCE NO. 1180 - EXHIBIT B EASEMENT EXHIBIT Ordinance No. 1180 - Page 4 of 4 'G + CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street PAGE 1 Okeechobee, Florida 34974 863-763-3372 X 9820 Fax. 863-763-1686 ABANDONMENT OF RIGHT-OF-WAY PETITION " ' �'' `"'`' PETITION N0. Application fee (non-refundable) Date Fee Paid: Receipt No: qg()q $600.00 Note: (Resolution No. 98-11) Schedule of Land TRC Meeting: � 7 [� Publication Date: � l0 :OOPdrj Letters Mailed: /A Pg/BOA Meeting: Publication Dates: �_ 171 C� &:oopm Letters Mailed: 1-�-1 q Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the CityCouncil 1st Reading: n g'-S-�-I CMR Letter E-mailed: established fee, or when a professional consultant Is hired to advise the city on the City Council Public Hearing: Publication Date: d -rq-1 application, the applicant shall pay the actual costs. Right-of-way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. [F.S. Ch.177 § 177.031(16)]. Easements for roads and related purposes shall be considered as right-of-way. Legal Description of the Right -of -Way to be Abandoned: Please see attached. X11ote: Upon abandonment of a right-of-way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863-763-3154. Purpose of the Right -of -Way Abandonment: The purpose of the Right of Way abandonment is to allow for the joining of several adjacent parcels into one large parcel to facilitate a Wawa. PAGE 2 PETITION NO. RM K Name of property owner(s): Please see attached Owner(s) mailing address: Owners) e-mail address: LlOwner(s) daytime phone(s): Fax: Required Attachments Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right-of-way. Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right-of-way. List of all property owners within 300' of subject property (See Information Request Form attached) Site Plan of property after abandonment. (No larger than 11x 17) Utility Companies Authorization Form. (See attached) Supplementary supporting information: Copy of recorded Plat of the Subdivision where right-of-way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right-of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right-of-way abandonment (See attached sample letter) II 4 I Confirmation of Information Accuracy 11 I hereby certify that the information contained in and/or attached with this petition is correct. The information included in this petition is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this petition. Steve Lipofsky, PE 12/3/18 Printed Name Date PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS (Sec. 78-33, page CD78:4 in the LDR's) It is the Petitioner's responsibility to convince the Technical Review Committee, Planning Board/BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. Pro osed vacation is consistent with the.Com rehensive.Plan: The proposed Wawa which consists of a gas station, convenience store, and restaurant, aligns with the comprehensive plan for both future land use as Commercial and we will be rezoning to Heavy Commercial. The majority of the surrounding blocks, neighboring the project site to the North, South, East and West also share the same future land use as commercial with zoning as commercal business district. In order to construct the Wawa at this location, the ally way must be vacated, exactly how both Walgreens and CVS to the East of the project site, had previously been approved to do and constructed. Additionally, the Wawa compliments these two pharmacies as far as land use and compatibility. 2. Ri ht-pf vva to tie vacated is not the sole access to.an roe , and.the remaining access is not an easement: The right of way to be vacated will not provide access to our project. Additionally the right of way being vacated is not the sole acces to either of the properties that will remain to the NW. 3: Pro�posed vacation is in the " ublic interest and' rovides a benefit to the City: This vacation provides a major benefit to the City by bringing an attractive restaurant with out door seating, gas station with with E free gas and free air for car tires, and convenience store with It's own coffee shop. The state of the art ordering system and spacious layout both inside and out, allows for traffic to continuously flow through and help get customers on their way This location compliments the surround area and the park providing services to both road drivers, boaters, and pedestrians at the park. 4 Pro 6os d vacation would not''eo ardjze:ttie location:of ari :utili As seen in the attached utility design and coordination with all utility providers, this project and the vacation of the ally does not jeopardize any of the existing utilities, but actually brings the water and sewer in too better standards that allign with DEP requirements for seperation and slopes that are currently not being met, by getting better spacing between water and sewer and increasing the Gravity Sewer's pipe size. Additionally the new layout The City Staff will, in the Staff Report, address the request and evaluate it and the Petitioner's submission in light of the above criteria and offer a recommendation for approval or denial). CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility ompanies for their comments. It meet ha cianail �nri ri�tarl with � rnnto.+n..,.,he,. f .. ow i, .. Florida Power & Light f p L` S t ip F 863-467-3721 or -(' Ni. w 1 Donna Padgett � � � 863-467-3708 L I i ` Authorized Signature V g Typed Name &Titl�- Phone No. Date Embarq d/b/a Century Link 407-814-5318 Victoria Buchner vi ctorla.bu chn er(acenturvlink.rnm Authorized Signature Comcast Cable 363-763-2824 E07 NW 71b Avenue Typed Name &Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority 121w6c. Ger, a John Hayford 863-763-9460 100 SW St" Avenue uthoriz S! a Typed Name & Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate GII Culbreth, Co -Trustee 863-763-31S4 Authorized Signature Typed Name & Title Phone No. Date c OKEECHOBEE UTILITY AUTHORITY September 24, 2018 Re: ABANDONMENT OF RIGHT-OF-WAY PETITION — WAWA Station — Block 156, Lots 1-4 and Lots 9- 12, City of Okeechobee The Okeechobee Utility Authority (OUA) has no objection the Right -of -Way Abandonment Petition, described as that portion of right-of-way between lots 1-4 and lots 9-12, Block 156, City of Okeechobee, provided the property owner relocates existing water and sewer lines at his/her own expense and corresponding easements, (15 ft. wastewater, loft. water) are provided to the Okeechobee Utility Authority. ?oh Hayford, E ecut' a irector, - UA -f0!#/2? Date CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments, must be signed and dated with a contact number for each Derson. Florida Power & Light 863-467-3721 or Donna Padgett 863-467-3708 Authorized Signature Typed Name & Title Phone No. Date Embarq d/b/a Century Link 407-814-5318 Victoria Buchner victoria -b u ch n e r0 ce n to rvl i n k. co m Pat Provost Busines Analyst 11/1/18 Authorized Signature Typed Name &Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date Jonah Weaver From: Jonah Weaver Sent: Thursday, November 1, 2018 12:52 PM To: 'Provost, Patrick' Subject: RE: Proposed Development at NWC NW Park St (SR-70) & NW 3rd Avenue Thanks Patrick, From: Provost, Patrick <patrick.provost@centurylink.com> Sent: Thursday, November 1, 201812:25 PM To: Jonah Weaver <jweaver@bohlereng.com> Subject: RE: Proposed Development at NWC NW Park St (SR-70) & NW 3rd Avenue The below should serve as notification of us not having anything there and should be sufficient to obtain permits but I filled out the signature line under the CenturyUnk person (who is not me by the way, no idea who they are either) on the attached form anyway. Thank you, Pat Provost Business Analyst, OSP Relocations Century Link 1025 El Dorado Blvd Broomfield, CO 80021 p: 720.888.4686 e: oatrick.orovostffl)centurviink.com Office Hours 7:00 AM to 3:30 PM MST @ IftV V g CerruryUnk Please send all initial requests to NationalRelo@centuryl►nk.com to ensure visibility by the department. From: Jonah Weaver<iweaver@bohlereng.com> Sent: Thursday, November 01, 201810:09 AM To: Provost, Patrick <patrick.provost@level3.com> Cc: Christopher Rogers <crosers@bohlerens.com>; Tyler Hoorn <thoorn(@bohlereng.com Subject: Proposed Development at NWC NW Park St (SR-70) & NW 3rd Avenue Hi Patrick, Thanks for getting back to us. In light of there not being any facilities in the project limits, would it be possible for you to review the attached Alley closing document and add notes as needed with a signature? The project is moving forward and we will be submitting the application soon. I appreciate your time. Let me know if you have any questions. Thank you Jonah Weaver I Project Engineer L E rGT X XV1 T K 0 2255 Glades Road, Suite 305E I Boca Raton, FL 33431 P:561-571-0280 1 M:561-569-0906 1 iweaver@bohlerene.com www.BohlerEngineering.com Confidentiality Note: This e-mail, and any attachment to it, contains confidential information intended only for the use of the designated recipients, which information may also be privileged. If the reader of this e-mail is not the intended recipient, the document has been received In error and any use, review, dissemination, distribution, disclosure or copying of this message is strictly prohibited. If you have received this e-mail in error, please notify the sender via reply e-mail and immediately delete this e-mailfrom your system. From: Provost, Patrick <Patrick.provost@centurvlink.com> Sent: Wednesday, October 31, 201811:27 AM To: Tyler Hoorn <thoorn@bohlerene.com> Subject: RE: Proposed Development at NWC NW Park St (SR-70) & NW 3rd Avenue Tyler, CenturyLink Communications, LLC (National Fiber Optic longhaul/metro network) has received your utility notice. After reviewing the information you provided it has been determined that CenturyLink does not have facilities within the scope of the Project. Therefore it will not be necessary for CenturyLink to relocate or adjust the facilities. Any changes or additions to the Project plans or parameters should be submitted to CenturyLink for review of potential new impacts to the CenturyLink facilities. Please reference the file number 120564 with any future communications. Please make certain that you coordinate with your local Call Before You Dig program to identify any other utilities in the area of your project. Please be sure to Always include NationalRelo@centurylink.com on all future project notifications/utility records inquiries sent to CenturyLink Communications, LLC to insure a timely response. Thank you, Pat Provost Business Analyst, OSP Relocations Century Link 1025 El Dorado Blvd Broomfield, CO $0021 p: 720.888.4686 e: Patrick.Drovost(Mcenturviink.com Office Hours 7:00 AM to 3:30 PM MST 1 A# am& �k� Canwry dnk � • l Please send all initial requests tO re►opcenturyiink.com tO ensure visibility by the department. From: Tyler Hoorn <thoornpbohlerene.com> Sent: Monday, September 10, 201811:26 AM To: NationalRelo <NationalRelopcenturylink.com> Cc: Christopher Rogers <croeerspbohlerene.com>; Chris Lall <clalipbohlerene.com> Subject: Proposed Development at NWC NW Park St (SR-70) & NW 3rd Avenue Good afternoon, Attached is a PDF that contains a concept plan for a proposed development at the Northwest Corner of NW Park Street (SR-70) and NW 3rd Avenue in Okeechobee, FL. Based on our due diligence, we have located an alleyway spanning from NW 3rd Avenue to NW 2nd Avenue, denoted in red in the PDF. Per the proposed development, we intend to request to abandon the existing alleyway and will need to relocate any utilities located within. As a part of the process, we are required to complete the New Street or Alley Closing Application that is also attached. This application needs us to get an authorized signature. Therefore, we are interested in setting up a meeting to discuss the steps that we will need to take to satisfy any potential comments associated with the abandonment. Please let me know if you require any further information for this request. Thank you very much, Tyler Hoorn, EIT NIF ND BuHLE it ly r.T X R V R T W Q 2255 Glades Road, Suite 305E I Boca Raton, FL 33431 P:561-571-0280 1 thoornpbohlerene.com www.BohlerEngineering.com Confidentiality Note: This e-mail, and any attachment to it contains confidential information intended only far the use of the designated recipients, which information may also be privileged. If the reader of this e-mail is not the Intended recipient, the document has been received in error and any use, review, dissemination, distribution, disclosure or copying of this message Is strictly prohibited. If you have received this e-mail in error, please notify the sender via reply e-mail and Immediately delete this a -mall from your system. This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utilitv Comnanies for their comments. it must be signed and dated with a contact number for each Derson. Florida Power & Light 863-467-3721 or Donna Padgett 863-467-3708 Authorized Signature Typed Name & Title Phone No. Date Embarq d/b/a Century Link 407-814-5318 Victoria Buchner victoria.buchner0cenhirvlin • om Authorized Signature Typed Name & Title Phone No. Date Comcast Cable The AA6fttJJ4ffAC1C54Se 6 eet -F Jould 863-763-2824 n d &JACA, 107 NW 7th Avenue m in 0, aw Authorized ign e Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 51h Avenue 777- 321-3Sf2t- -Title/ _ Phone No. Dat Authorized Signature Typed Name & Tide Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Tide Phone No. Date Springsteel, Anthony From: Jonah Weaver <jweaver@bohlereng.com> Sent: Monday, December 3, 2018 5:53 PM To: Springsteel, Anthony Cc: Christopher Rogers; Steven Lipofsky Subject: [EXTERNAL] FW: Alley Closing City of Okeechobee Attachments: New Street or Alley Closing Application.pdf Categories: Green Category Tony, Below is the response from the developer. You can also add in the notes of the petition the conditions you require as discussed. Let me know if you need anything else. Thanks again From: Steven Lipofsky <slipofsky@ferbercompany.com> Sent: Monday, December 3, 2018 5:34 PM To: Jonah Weaver <jweaver@bohlereng.com> Cc: Christopher Rogers <crogers@bohlereng.com> Subject: RE: Alley Closing City of Okeechobee The developer is fine with paying for these costs as part of the project. Let me know what else you/they need to sign off. Thanks Steve Lipofsky, PE I Director, Retail Construction Services The Ferber Company, Inc. 12655 North Ocean Drive, Suite 401, Singer Island, Florida 33404 slipofsky@ferbercompany.com I Office 561.210.9105 ( Cell 772.225.0125 From: Jonah Weaver <iweaver@bohlereng.com> Sent: Monday, December 3, 2018 5:25 PM To: Steven Lipofsky <slipofsky@ferbercompany.com> Cc: Christopher Rogers <croeers@bohlerene.com> Subject: FW: Alley Closing City of Okeechobee Steve, See response from comcast below. From: Springsteel, Anthony <Anthony Springsteel@comcast.com> Sent: Monday, December 3, 2018 5:04 PM To: Jonah Weaver <iweaver@bohlereng.com>; mary <mary@chobeecomm.com> Cc: Christopher Rogers <croeers@bohlereng.com>; McEnroe, Jeannine <JEANNINE MCENROE@comcast.com>; Johnson, Rick <Rick Johnson@comcast.com> Subject: RE: Alley Closing City of Okeechobee Jonah, As per our conversation, every relocation request is case by case and dictated by the configuration of the existing plant. I will work on finalizing the cost estimate for you but as of what was walked out today you would be looking at approximately $1,333.76 in labor and $250.00 for design/as-built cost to relocate the existing aerial fiber and coaxial plant to the west to the pole line on NW 3'd Ave. We will also need to relocate the existing power supply as well to the west, the cost for the labor, material and permit for this would be approximately $3,000.00. The total estimated amount would be approximately $4,583.76. If you should have any questions or concerns please let me know. Thank You Anthony Springsteel Construction Supervisor Comcast Cable 3960 RCA Blvd Suite 6002 Palm Beach Gardens, FL 33410 Office (561) 804-0973 Cell (561) 321-3425 Fax (561) 454-5899 From: Jonah Weaver <iweaver@bohlereng.com> Sent: Monday, December 3, 2018 4:34 PM To: Springsteel, Anthony <Anthonv Springsteel@cabie.comcast.com>; mary <_marv@chobeecomm.com> Cc: Christopher Rogers <crogers@bohlereng.com>; McEnroe, Jeannine <jeannine mcenroe@cable.comcast.com> Subject: [EXTERNAL] RE: Alley Closing City of Okeechobee Tony, Attached Is the Utility plan with Fiber and Cable separated with separate conduits and pull boxes. There is approximately 350 ft of fiber and cable with two pull boxes for each run, totaling 4. They are in the shared easement with electric. I'll give you a call to discuss From: Springsteel, Anthony <Anthonv Springsteel@comcast.com> Sent: Monday, December 3, 2018 8:57 AM To: Cameron Cutting <ccuttingCMbohiereng.com>; mary <marv@chobeecomm.com> Cc: Christopher Rogers <crogers@bohlereng.com>; Chris Lail <clall@bohlereng.com>; Jonah Weaver <Iweaver@bohlereng.com>; McEnroe, Jeannine <JEANNINE MCENROE@comcast.com> Subject: RE: Alley Closing City of Okeechobee Jonah, Attached is the Comcast design print for the area in question for the new WaWa's. Mike/Mary Can you get me a cost estimate for the need work for the relocation of the node and power supply in the alley. From: Springsteel, Anthony Sent: Wednesday, November 28, 2018 2:59 PM To: Cameron Cutting <ccutting@bohlereng.com> Cc: Christopher Rogers <crogers@bohlereng.com>; Chris Lail <clall@bohlereng.com>; Jonah Weaver <iweaver@bohiereng.com>; McEnroe, Jeannine <ieannine mcenroe@cable.comcast.com> Subject: FW: Alley Closing City of Okeechobee Cameron, Per our conversation 1 have reviewed the attached request for abandonment of the existing easement. The approval/release of the existing easement would be contingent on the developer/owner reimbursing Comcast for the redesign and relocation of our existing plant. If you should have any questions or concerns please give me a call. Thank You Anthony Springsteel Construction Supervisor Comcast Cable 3960 RCA Blvd Suite 6002 Palm Beach Gardens, FL 33410 Office (561) 804-0973 Cell (561) 321-3425 Fax (561) 454-5899 From: Cameron Cutting <ccuttine@bohlereng.com> Sent: Wednesday, November28, 201811:43 AM To: Springsteel, Anthony <Anthonv Springsteel@cable.comcast.com> Cc: Christopher Rogers <crogers@bohlereng.com>; Chris Lail <clall@bohlereng.com>; Jonah Weaver <iweaver@bohlereng.com> Subject: [EXTERNAL) Alley Closing City of Okeechobee Anthony, We are proposing a 6,119SF Wawa on Park and 211d Ave in the City of Okeechobee; where the existing site currently contains a 10' shared utility alley through the center. We are currently proposing to relocate these utilities south of the new building. We have already coordinated will all other Utility Providers and need Comcast approval to continue. See attached Site plan showing new location of Comcast Utilities in a cleaned up format to emphasize these. Also attached is the full Utility Plan, and the Application for the Ailey Closing. We are currently tying into the northern pull box, can you confirm this is the correct facility? If our plan is acceptable please sign on page 3 of the Alley Closing form and return to us. If you have comments simply reply to this email with your instruction for our revision. As I mentioned in our phone conversation earlier today we need this as soon as possible, and we appreciate your coordination with us on this. Cameron Cutting I Intern - Design Engineer a o Home D {�s0�'� Q�e�9[�aOS b �he,�.ea. �fia•va Liter°r•: P>se�tbuoe, g�8igt•r9 �osalt 19,,;; inga•rl�tt<• 61"r!{t i. t P g e r� r-t . .,��Qoa000a. ad o©o�tCDC=) �4 .® ®teNW Park St i I� 1 ! 1 1 1 , f ' ^vw. s- x•a,c i•w•.�. .+,.,, a .s w .: ^Y W '1 ♦ r a .�;a,.y� a71 .1i.'71 1 < a L,=.eras .. ;i--�-. $..x ,r•+e. �. .. S»:. -.:.1 _ �Ics+0uipal�mea; MiP, oI)j Snep U.4r Ititarface I{erp _ NV -2nd St 1 f ! s s r_r-+..�.._-_.--....�..._ _. �.. a -4K)- .....+, ..�...�..waw.. ' .. .. ��wwr��ls�w�w�.r�r��r�rr�ww�www��wwww CAIwr�r:w��w� I CD CHTY OF OKEECHOBEE WIRY Compan4es Authwizedon Form INSTRUCTIOWS: Deliver the petition and this Tenn to the ffollovAng Utility Companles for their comments. gt rnimt► 6- 00m ari and ...ee,a.,..o- ......,oa,.,.. ,c .- ___z - ----- Florida Power & Light - -- _._ p L . Ct17„V,,, � S � � on 863.467.3721 air -� l Donne Padgett 863-467-3708 L 9a 1 Authorized Signature Typed Name & Title Phone No. Date Embarq d/b/a Century LInk 407-814-5318 Victoria Buchner victoria bucbnergcexl aryliuk om Authorized Signature Comcast Cable 863-763-2824 107 NW 7'bAvenue Authorized Signature Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 51h Avenue uthorIz 5i e Typed Name & Title Typed Name &71de Phone No. Date Phone No. Date Typed Name &Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECH0l3FF Slinnrvvginw-q Hamrick Estate Gil CulbreFh, Co -Trustee 863-763-3154 erl�,«7,!/,T� L8a-Tku�%�ec SG�-7G3-3fa1j /Z-2J-/8 Authorized Signature Typed Name & Title Phone No. Date LETTER OF AUTHORIZATION To Whom It May Concern: This letter authorizes Steve Lipofsky. PE with Southeast Investments, LLC & Christopher Rogers, PE with Bohler Engineering to act on behalf of JMass Management. LLC, in regard to all permits and applications for approval through the City of Okeechobee, as well as but not limited to all regulatory agencies, departments and governmental agencies of FDOT, Coquina Water Management District and FDEP, necessary for the construction and development located at the NWC of Park Street & NW 3`d Ave, Okeechobee, FL 34972. Signature STATE OF FLORIDA COUNTY OF �'2' The foregoing instrument was acknowledged before me thisjteday of 2018, by p� _� rYp , Q , FQ� �1 the on behalf of the corporation. IRShe is personally known to me or have produced �5L 'Dh, as identification and ( did not) take oath. ,�+"" Notary Public State of Florida Christian Nicole Johns ; c. My Commission GG 019282 yh o� Expires 08/0812020 se.v"L tNota�ryPublic C by is.ba Print Name Commission Expiration Date: aU LETTER OF AUTHORIZATION To Whom It May Concern: This letter authorizes Steve Lipofsky. PE with Southeast Investments, LLC & Christopher Rogers, PE with Bohler Engineering to act on behalf of David R. Watford, in regard to all permits and applications for approval through the City of Okeechobee, as well as but not limited to all regulatory agencies, departments and governmental agencies of FDOT, Coquina Water Management District and FDEP, necessary for the construction and development located at the NWC of Park Stree NW 3rd Ave,__Okeechobee, FL 34972. Signature: game (printed) STATE OF FL RIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2018, by , I J0.V � Qi IJ�0.f� DY(� the on behalf of the corporation. 1 I�e She is personally known to me or have produced _, j, , as identification and did did not) take oath. o•01y P4� Notary Public State of Florida ? Christian Nicole Johns My wmmisslan GO 019282 �+ Expires 0810812020 d Print Name Commission• • Expiration D. M W-n� LETTER OF AUTHORIZATION -lo Whom It May Concern: This letter authorizes Steve Lipofsky, PE with Southeast Investments, LLC & Christopher }bpi r , I'll- with Kohler F.rigingering to act on behalfof205 N Parrot Ave I Ioldingi LLC, in regard to all permits and applications for approval through the City of Okeechobee, as well as but not limited to all regulatory agencies, departments and governmental agencies of FDOT, Coquina Water Management District and FDEP, necessary for the construction and development located at the NWC of Park Street & NW 3 d Ave, Okeechobee, FL. 34972. Signature: `^ � Name (printed) STATE OF FLORIDA COUNTY OF The forcg ' g ins en was cknowlcdged before me this dayofAlov e/ 2018. by the on behalf of the corporation. I le/She is personally known to me or have produced not) take oath. U Kschetle Brownetetn NOTARY PUBLIC STATE OF FLORIDA Corm# FF223837 Expires 4/28/2019 M as identification and (did/did 0 Nl�i otary Public nma Print Name = a Commission ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, 205 N Parrot Ave Holdings, LLC (insert name(s) of the owner(s) name persons) who is signina the letter of consent) own the following property: 3-15-37-35-0010-01560-0010 (Parcel 1, Lots 1-4) (insert the legal description of the property) Do hereby consent or agree. with my/our signature below. to the closing of the allev and/or street described below: SWC of NW 2nd St & NW 2nd Ave, Okeechobee, Fl, 34972, South of Parcel 1, Lots 1-4 (insert the legal description of the street or alley requesting to be closed) (See Attached Legal Description) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) Signature of Property Owner Printed Name STATE OF FL COUNTY OF Palm Beach Wa., - Moi, Signature of Property Owner Printed Name The foregoing instrument was acknowledged before me thi DvY�ur 4 J� �l g (date) by who is personally known tome or whoproduced as identification and who did (did not) (Seal) Whelfe Brownstein NOTARY PUBLIC STATE OF FLORIDA . Comm# FF223837 Ejires 41M2019 (Notary Public signature) Commission No.Ff- ! Mk(WM-T1-bVjA&:kA6- (Name of Notary typed, printed or stamped) DIVISIon CF Cor PORATIONS Department of State / Division of Corporations I Search Records / Detail By Document Number / Detail by Entity Name Florida Limited Liability Company 205 N. PARROT AVE. HOLDINGS, LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 2501 NO. PARROT AVE. OKEECHOBEE, FL 34972 L02000017576 59-0934890 07/12/2002 FL ACTIVE CANCEL ADM DISS/REV 04/21 /2010 NONE Changed: 09/1712012 Mailing Address 850 NW FEDERAL HIGHWAY 206 STUART, FL 34994 Changed: 09/1712012 Registered Agent Name & Address CLARK, HARPER R 5100 SW. HAMMOCK CRK. DR. PALM CITY, FL 34990 Name Changed: 04/29/2008 Address Changed: 04/29/2008 Authorized Person(s) Detail Name & Address Title PRES ICLARK, HARPER R 5100 SW. HAMMOCK CRK. DR. http://search.su nb iz.o rg/l nqu iry/CorporationSearch/S a archResultDetai I?inquirytype=EntityN ame&d i re ctio nType= lnitial&sea rchNameOrder-205NPARR.. 112 ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, Tao o own the following property: Do;D-- o -on-)o Do!o - o - on q0 (insert the legal description of the property) (Parcel 2, Lots 7, 8, 9, & 10) Do hereby consent or agree, with my/our signature below, to the closing of the alley and/or street described below: NEC of Park Street & 3rd Ave Okeechobee, FL 34972 (North of Parcel 2, Lots 7, 8, 9, & 10) (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) Signature of Property Owner Printed Name STATE OF FL COUNTY OF eare-r1 6) ,d a-ee The foregoing instrument was acknowledged before me this NM-m�ei/ M6 (900 (date) by 3,0 le who is ersonally know to me or who produced as identification and who did (did not) take oath. (Seal) (Notary Public signature) _� '6•. 1AINSON Commission No. C3 C� y COI Nxa•y?:,b!`c:°c-State ofFlaiida t(ar•rvS5.'cn=GG143942 ) y°d; Sep17,202) � /\ ,ram • `�: ��"'a^_ cr:�e-\!5^rtlketaryAssa � �/ �' 1 (Name oV Notary typed, printed or stamped) DIVISION OF CORPORATIGNS org Department of Slate / Division of Corporations / Search Records / Detail 8y Document Number / Detail by Entity Name Florida Limited Liability Company JMASS MGMT, LLC Filing Information Document Number L14000152316 FEI/EIN Number 47-1957997 Date Filed 09/30/2014 Effective Date 09/30/2014 State FL Status ACTIVE Principal Address 180 NW 3RD AVENUE SUITE A OKEECHOBEE, FL 34972 Mailing Address 180 NW 3RD AVENUE SUITE A OKEECHOBEE, FL 34972 Registered Agent Name & Address FADLEY, JEFFREY A 180 NW 3RD AVENUE, SUITE A OKEECHOBEE, FL 34972 Authorized Person(s) Detail Name & Address Title MGR FADLEY, JEFFREY A 180 NW 3RD AVENUE, SUITE A OKEECHOBEE, FL 34972 Title AMBR FADLEY, MAGGIE 180 NW 3RD AVENUE, SUITE A OKEECHOBEE, FL 34972 http:f/search.sunbiz.org/Inquiry/CorparationSearch/SearchResu[tDetail?inquirytype=EntityName&directicnType=lnitial&searchNameOrder-JMASSMG... 1 /2 ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee (insert names) of the owner(s) name person(s) who is signing the letter of consent) own the following property: �(�LVC-Q(Parcel3, Lots 11 & 12) C)151P0 - Q410 (insert the legal description of the property) Do hereby consent or agree, with my/our signature below, to the closing of the alley and/or street described below: NWC of Park Street & 2nd Ave, North of Parcel 3, Lots 11 & 12, Okeechobee, FL, 34972 (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, le: Jim and Jane Doe. If if is in "or" only one signature is required, ie: Jim or Jane Doe. If compaM the Registered Agent or PresidentlManagers Name and attach Sunbiz.com Sflna�ure Of Property Owner -/� h Printed Name STATE OF Il Eff d COUNTY OF O6�X�e= W J Signature of Property Owner Printed Name The foregoing instrument was acknowledged before me this i-11-10• rzrg ,�.,, (date) ��.V by ''i& r who is personally known tome or who producedas identification and who did (did not) take oath. (Seal) (Notary P l//i��c ts\\ignature4) Commission No. F.,W otary Public Slate ofFie-0a ShrisUar licolC JohnsMy Ccmm.ssion GG 0IV26 xpires 08/06/2020 (Name of Notary typed, printed or stamped) ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee own the following property: Parcel IDk 3-15-37-35-0010-01560-0050 (Lot 5, Block 156, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida) (insert the legal description of the property) Do hereby consent or agree, with my/our signature below, to the closing of the alley and/or street described below: Property located on NW. 2nd Street. The Alley located on the south property line for lot 5, Block 156, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com SignAUre 6f Prd6erty 9Vner Signature of Property Owner Printed Narrtb / Printed Name STATE OF i (Of C{ COUNTY OF Qr(ffi V)C)nCQ The foregoing instrument was acknowledged before me this ! .i t elyl)xr L2N9 _ AN (date) Tr who is personally known tome or who producedYJirl(a' identification and who did (did not) take oath. (Seal) (Notary Public signature) Commission No. �`1 C12S22 o2Q (Name of Not r�?. .dc40 „ ° iWiiip ) y�c My Commission GG 252820 }orn Expires08/2612022 Pane D Npmr. 1, 37-35-0010 01560-0050 y�W40 t. l 1.1 Prepared by and Return to: Okee-Tantie Title Company, Inc. 105 N. W. 6th Street Okeechobee, Florida 34972 FILE NO.36548 Personal Representative's Deed This Indenture, Executed this December 20, 2018 A.D. Between LESLY JOLEEN FLEMIN RUSSELL HOUST.ON�AP 3. . whose address is 200 NEAROAVENUE, 7 JMASS MGMT,ORIDA whose post office address isTW3R (Whenever used herein the term "grantor" and ' individuals, and the successors and assigns of Witnesseth, that the grantor, considerations, receipt whereof is hereby act unto the grantee, all that certain land situate in FILE NUN ?t�181I1��1l�It 4 OR P K 817 PG 18_50 SHARON ROBERTSONr CLERK ' COMPTROLLER OKEECHOBEE COUNTYr FLORIDA RECORDED 12/27/2018 04r41:26 PM AMT $230000,00 RECORDING PEES $27.01! DEED DOC $1r61O.0it RECORDED BY G Mewbourn P9s 1850 - 1852; Q P9s) ONAL REPRESENTATIVE OF THE ESTATE OF A R.H. BARBER, DECEASED, Florida 34972, hereinafter called the grantor, to COMPANY, l E A, Okeechobee, Florida 34972, hereinafter called the grantee: N��, include all the rtii4�t his instrument and the heirs, legal pa _ cga representatives and assigns of in considerafionr�of the suin of Ten Dollars, ($10.00) and other valuable d, here!g , barga`i�ns se,,_ aliens, remises, releases, conveys and confirms LAND DESCRIBED ON ATTACHED EXHIBIT " Parcel ID Number: 3-15-37-35-0010-01560-0050 Subject to covenants, restrictions, easements of record and taxes for the Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2018. DEED Okeechobee Closers' Choice Book817/Page1850 CFN#2018015004 Page 1 of 3 Exhibit "A" LOT 5, BLOCK 156, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. File Number: 36548 UPI Description with Non Homestead Closees Choice Book817/Page1851 CFN#2018015004 Page 2 of 3 In Witness Whereof, the said grantor has signed and seated these presents the day and year first above written. Signed -sealed and delivered in our presence: Witness Printed Name '(Seal) L�Yi O EN EMING, PE ONAL RA t A: 0 l/6T1UE,OKEECHOBEE, FL 34972 Witness Printed Name p� State of TENNESSEE County of The foregoing instrument was acknowledged PERSONAL REP' { SENTA7 A/K/A R.H. BARBS ZW3 - VOK identification. == ED PFN z AG��q cz � cF CO. TEN�� DEED Ok=hobee Closers' Choice me this December 20, 2018, by LESLY JOLEEN FLEMING, ®�� T STATE OF RUSSELL HOUSTON BARBER who is/are or wbb has as Book817/Page1852 CFN#2018015004 Page 3 of 3 ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, JMass Management LLC. (insert names) of the owner(s) name persons who is signing the letter of consent) Own the following property: Parcel ID# 3-15-37-35-0010-01560-0060 (Lot 6, Block 156, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida) (insert the legal description of the property) Do hereby consent or agree, with my/our signature below, to the closing of the alley and/or street described below: Property located on SEC of NW 2nd Street and NW 3rd Ave. The Alley located on the south property line for lot 6, Block 156, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com Signature of Property Owner Printed Name STATE OF�r0/"� COUNTY OF ��✓l�!/, :/ The foregoing instrument was acknowledged before me this iYCC'ftcr I Z 2JI g by �'��r��( / 1 � 1�Cll�� `I (date) ' who is personally known tome or who produced PLSCVION W001 as identification and who did (did not) take oath. / (Seal) 6il l (Notary 15ublic signaturr-e) Y Notary Public State ofFlonda Commission No. 616 2S 2(o2-0 Cayla S McDugaldMy Commission GG 252620 ExpiresOW612022 (Name of Notary typed, printed or stamped) PREPARED BY AND RETURN TO: Jeffrey A. Fadiey, Esquire 180 NW 31 Avenue, Suite A Okeechobee, FL 34972 FILE HUhi 21D I8006 4 62 SHARON ROBERTSON, CLERK t. CONF'TROLLER OKEECHOBEE COUNTY? FLORIDA RECORDED 05/17/2018 08:33:21 All ANT $10.00 RECORDING FEES $18.50 DEED DOC $0.?o RECORDED BY F Conner F'9s 10Q - 1043; (2 P9s) (Space Above This Line For Recording Data) QUITCLAIM DEED THIS INDENTURE made this V day of February, 2018, between JEFFREY FADLEY, first party whose address is: 510 SE 8'b Avenue, Okeechobee, Florida 34974 and MARGARET FARLEY, fast party whose address is 510 SE 8' Avenue, Okeechobee, Florida 34974 and MASS MGMT, LLC, second party whose address is: 180 NW 3'd Avenue, Suite A, Okeechobee, Florida 34972. w' fit' 3,..ti �`. WITNESSETA ='That sat �—' )party, for and inconsideration often dollars ($10.00), and other good and valuable consideration�tg3said first partffl3hand paid by said second party, the receipt whereof is hereby acknowledged, 4 does hereby releaseremise, and quitclaimiinto the said second party, and second party's heirs, successors and assigns forever, all of first party's interest in th %611owing described land, situate, lying and being in Okeechobee County, 4 ' Florida, to wit: Parcel No.: Site Address: 180 NW 31 Av nue, Okeechobee, �?lo rida 34972 Lot 6 of Block 156, Okeecho ecording to the �!it then of keorded in Plat Book2, Page 17, Public Records of St. Lucie Coanty, Florida; a copy o saidla being also recorded in Plat Book 1, Public Records of Okeechvl ee, or.j Subject to restrictions, reservations and easeme !ofV-Qkcd, if TO HAVE AND TO HOLD first parry's interest�n the aforeme�i n c'i premis unto the second party, their heirs, and assigns forever. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Book807/Pagel042 CFN#2018006462 Page 1 of 2 written. IN WITNESS WHEREOF, first party has hereunto set first party's hand and seal the day and year first above Signed, sealed and delivered in our presence: Witn s - Signatu Witness — Printed Name Witness — Printed STATE OF F] COUNTY OF i NZ t'Xthat nA isPaay before ie an officer duly qualified to take acknowledgments personally appeared JEFF y A. FAX who produced a loridaDriyer's License as identification and who executed the foregoing instrument andMe- owledged befor me a execution of same this 11 day of February, 2018. �,� � notary Public Shill i �9 ':• �[/,�, 4 a n E.YO- OQ1M2= i VOPiTRY NMVe a t� V � Pa "-�� _ Witness — Printed Name Witness — Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared MARGARET FADLEY, who produced a Florida Driver's License as identification and who executed the foregoing instrument and acknowledged before me the execution of same this I' day of February, 2018. &D oary bShot* oFWWA OTARY PUBLIC Book807/Page1043 CFN#2018006462 Page 2 of 2 01DC- 00 p 0. :KJ�18 I ;' i 1 539 This iccw;tent Prepared By an-i _?URN TU Jay E. Eckitaus, Esq. Jay E. Eckhaus, P.A. i `,7 Windward Drive Docurr a taty Stamps paid inn"Mount at Faim S(,ach Gardens, Fl >;:i* S eft C ltttaft� Ta, paid tnthe artrount dS Parcel ID Number. 3-15-37-35-0010-01400-0010 $heron RObert50a' C�--uk ofcircuit Court 3-15-37-35-0010-o1560-0010 Med-oW ONMY• t'b"Ja Grantee 81 'rIN. BY: D.C. Grtt+.tce f -? TIN Special Warranty Deed This Indenture. Atdc-itgs _., 23rd da% of Ju l y, +'tti _ A D , Between . L'Place Pr_ypertresj"Ltd., a Florida limited partnership `� : Stale Fla: ida rmnlors, and ortbcCoum-oc.�Pa'lm seach•:::�g 2U5 tit':;-1?d'rrot Ave. H.--ings, LLC, a Florida Limited Liability attosc iddressis: eaul Pamela lane;; West Palm ea.:h, FL 334U5 C OflhLCouns,'of Palm Beach Stateof Florida granters• --------- tha'Tibe GRANTORS. for rid in eonstdcralion of the sum of --------=- TEN � DOLLARS �= 010) ---------------------------- DOLLARS. and other good and taluablc "rati� GRANTORSIA,', rid paid to GRANTEES, the receipt %+bttcoris hereto, xlnoulcdgcd hate a1a bargained and soul"tom t13c said GRAh'i�F.S and CiRAhTEES" heirs 45.N successors and assigns fotc6d4-Ahe rott %%ing describcsituate Icing and being in the Count} or Okeechobee Statcof Florida to uii: Lots 1 through 72. 40"ve, Block 140. PITY OF OKEEC map or plat thereofas;reco'rded in Plat,8001,r!JPape(9s i 7:= County, Florida, a copy ofsatdpTai`�being also record �n r , r� 7 Book 5_ Page 5, Public Reedrds o t:echobee County; F1t AN Lots 1 through 4, inclusive, Block 156. OV4Ti QFWKEEC map or plat thereof as recorded in PlatnBoo�. Pagr(s)�7, County, Florida, a copy of said plat being also rccorded'tn>f Book 5, Page 5, Public Records of Ochobee County,<'Fl Subject to conditions, restrictions, reservations of record and all zoning and other restrictions i governmental regulations, without reimposing same subsequent to 2001. Together with all 0.m9neyttf knuctitamerts and apptutctttnr-e�, thereto, helongmg or in E, according to the Records of St. Lucie )k 1, Page 10 and Plat ding to the of St. Lucie r 10 and Plat �` 0I: 81 ; �s 1540 To (lave and to Hold, du wine iu rL, simple rou%cr. And tti, µant,,, hodn iOt,lfa:11 N1Ql canl �I]III t: IINI Flum'u, �Ir knoidh —/'d W -Li 1:4!0 In I c .mull, nut r1a111,Q, Nov C,kk111,,111 AOd lan ul 3ulhkW111 to' 11 -.110 "n11r. I!d la.Q. 11.1 piulm> hcl,ln Ildh \1an:mn 11W 1:11c l.\ ald l:llk! a1k1 a111 dct Tel 1111 \111F U9311w the la11tt.1 clI 1111.% w all lm-Amj 11:IlI111111 h1. ttu,mgh ,M Wkk1 gwiaws In Witness Whereof. the pawom hale halcwao sc: thou halkk aW wali dr do atkl \ear livi ah'1c 1u flo' Signed, sealed And delivered in our presence: L'PIace Properties, Ltd., a F-Iori,ia limited partl:crShip H L'1'la.:• 6r aertles, l:u ., a F-Itll i.ia �'R-Al.flit'1'n'E:R BY- •^-_Arnold Levitan = P.o. Address 150 T•equesLa Printefl Namef "�-° `';. Priee, Tequesta, FL 33469 1. i c STATE-ORXR-I ?r da COUNTY OFvEalin Be The foregoil 23rd day of July Properties, Inc., L'Place Properti, beha 1 f ^f the ca }mown to me or h identification. n�ment was"'"acknowledged before me this ;02 by Arnold -Levi tan, President of L'Place 'lorida corporat;jn and a general partner of Ltd., a Flo limited partnership, on ati^a ;=1d the: partnership he is pers:na11; is produced his:=F-lori-,ia driv-r's license as FILED FOR- tC OKEECH+1r_t. (^llh 374569 2002 JUL 76 PF. SHARON (:O�rR CLERK OF CIPCW T 1 IIIIII IIII� i�lli 1111111111 Illil lilt IIII FILE NUM 2014009463 OR BK 752 PG 395 SHARON ROBERTSONr CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTYr FLORIDA Prepared by and return to: RECORDED 10/17/2014 02:55:29 Ph JOHN D. CASSELS, JR. A11T $5751DOO.00 Partner RECORDING FEES 410.00 CASSELS & MCCALL DEED DOC $4P025.00 400 NW 2nd Street RECORDED BY N Pinon Okeechobee, FL 34972 P9 395; 0 ps) 863-7633131 File No.: 8195 Parcel Identification No. 3-15.37-35-0010-01560-0070 & 3-153735-0010-01560-0090 (Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 17th day of October, 2014 Between PARKVIEW OF OKEECHOBEE, LLC., a Florida limited liability company whose post office address is Post Office Box 2030, Okeechobee, FL 34973 of the County of Okeechobee, State of Florida, grantor*, and JMASS MGMT, LLC., a Florida limited liability company whose post office address is 180 NW 3rd Avenue, Suite A, Okeechobee, FL 34972,'ufttie C unty of Okeechobee, State of Florida, grantee', Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable:considerations to sard:g'rantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and,s6ld to the said grantee, and grantee's heirs and assigns forever, the following described land fsapate, lying and being in Okeechobee County Florida, to -wit: Lots 7, 8, 9, and 10 ,Block 156;OKEECHOBEE;occording to the plat thereof recorded In Plat Book 5, Page 5, Public Records of Okeechotiee'Gountlr, Fforlda f Subject to restrictions, reservations and /eas ments of record Ifany. + and said grantor does hereby fully warrant the title to said land; and will defend the same against lawful claims of all persons whomsoever. "Grantor' and Grantee~:are used sLrgular orpluraLas, context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal ttid,clay and year first above written. Signed, seated and delivered in our presence: PARKVIEWzO OICEECHOBEE, LLC., a Florida limited liability panyy:`":.: By: Wines Name: + LOUIS T. COX, JR._,�IGtanaging Member Witness'Name: InU IftIOCItf IY&I ANGE PINDER COX, Mona ing Member State of Florida County of Okeecbobee The foregoing instrument was acknowledged before me this 17th day of October, 2014 by LOUIS T. COX, JR-, Managing Member and ANGELA PINDER COX, Managing Member of PARKVIEW OF OKEECHOBEE, LLC., a Florida limited liability company, on behalf of the corporation. They�rsonally known to me or (X1 have produced as identification. ' [Notary Seal] ,,AT .4 Notary Pudic Stare of Fbrida Karin Ammons 9ted y My C—i ion EE 119767 "'t E:pir-Ot1107=15 My r ., 4v- r n Z& IM D 1-- Expires: Book752/Page395 CFN#2014009463 Page 1 of 1 WAIMAK" CIIEO -'7,.X 3 F /ic -3 Damxu�r4n St�'!'•' paid ii ft -10" Ot S gap 00 ctm c kamohm TMK pw in re Dam" D.C- day of hcrcmqft,c-cWW, 4he Gramror• zo- N*osc f.0 .4 1 Offii7e address LES ,6-rcbw— ftejrtaUcd dw Gr.. x ad in ccesukrax— the andodwr rolraLlt aissdeniuojm receipt wAe;evf is hereby acknom-ledged- &ereb Y 9 rewLsel. N" Lo-rS A MO, F Mk-wLqxr-, wa* a" I*c appert—UNE T16 A-b the Grantor J�,vhr ik .id�� is IofxUy seized of said Lw%d is Jec said lair{ and hereby wa"=%ft , -w-.._ mil�. tineLhc grantor Au good rzgk and Ae title to said lad amd -LU defed tic soon, aganw die I.-d is free of aL -.cnwLbr ,s. Flu NUnms )Kkn-raf. de said Graz., h. sig..d .d xl,,-A4c'&*d yearfirf abow wrimm Signed, sealed and dcL?i,-crcd in the presence of. — i"7 A, 381 146 7117 DEC -2 Ali S' 5 8 DN P*i- ; I T, :N A—T LSFRVOF C:R(;JIT COURT S-FA-[JEOIF- -ty 0 COUN F w bd.ntLL4 G-ckS —d Lbi- P-lo-Wly appca,,d W be Lb, d—bcJ,. .d b,. .no -L—kdpd bLf— a= ILr czcrxLcd Ll' 5�' Avd lv oxth wa' NX "k'C-b-zk P—AlY k�— w �. D SLd p—,-.ms) thL b..d —d W. .d S� [..I f.-,.A OU pail-4G R WATFORD.JR- 23 .kCSWCNSCC9eWl2 99 EXPFES. Aug Z7.20CA TM E R Bohler Engineering FL, LLC 2255 Glades Road, Suite 305E Boca Raton, FL 33431 11 , 5° 1� 1 N C PHONE 561.571.0280 Legal Descriptions LEGAL DESCRIPTION (PARCEL 1) LOTS 1 TROUGH 4, INCLUSIVE, BLOCK 156, TOWN OF OKEECHOBEE, ACCORDING TO THE MAP OF PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT ALSO BEING RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LEGAL DESCRIPTION (PARCEL 2) LOTS 7, 8, 9, AND 10, BLOCK 156, CITY OF OKEECHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE(S) 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LEGAL DESCRIPTION (PARCEL 3) LOTS 11 AND 12, BLOCK 156, OF THE CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10 AND REPLATTED in PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA CIVILAND CONSULTING ENGINEERS • PROJECT MANAGERS • SURVEYORS • ENVIRONMENTAL CONSULTANTS • LANDSCAPE ARCHITECTS WWW.BOHLERENGINEERING.COM T � TEA -_� .CSC -"U- E N G I N E S R I N G Owner Lists Jmass Management, LLC 180 NW 311 Ave Suite A Okeechobee, FL 34972 David R. Watford 200 NW Park Street Okeechobee, FL 34972 205 N Parrot Ave Holdings, LLC 850 NW Federal Hwy Suite 206 Stuart, FL 34994 Bohler Engineering FL, LLC 2255 Glades Road, Suite 305E Boca Raton, FL 33431 PHONE 561.571.0280 CIVIL AND CONSULTING ENGINEERS • PROJECT MANAGERS • SURVEYORS • ENVIRONMENTAL CONSULTANTS - LANDSCAPE ARCHITECTS WWW.BOHLERENGINEERING.COM x it, *. 15* Staff Report Alley Closing Prepared for. The City of Okeechobee Applicant: Southeast Investments, Inc. Petition No.: 19-001 AC (Part of Alley in Block 156 between NW 2nd and 3rd Avenues) a_ u_e i -i 1375 Joasm Street i i06 Fu t Myers, FL 33901 Staff Report Applicant: Southeast Investments, Inc. Alley Closing Petition No. 19-001-AC General Information 205 Parrott Ave. Holdings, LLC 2740 SW Martin Down Blvd., #247, Palm City, FI 34990 Owners David R. Watford, 200 NW Park St., Okeechobee, FL 34972 Jmass Mgmt., LLC, 180 NW 3rd Ave, Ste A, Okeechobee, FL 34972 Site Address The east -west alley in Block 156 between NW 2,d and 31 Avenues Contact Person Steve Lipofsky Services Contact Phone # 561-625-9125 Contact E-mail slibofsky@theferebercompany.com Request The matter before the TRC is an application to vacate/abandon the 300-foot long, 15-foot wide alley in Block 156 between NW 2nd and 31 Avenues as shown on the graphic on the following page, and more particularly described in the legal description on page 3. The requested abandonment encompasses 3,750 square feet (about 0.09 acres). The Wawa property (Lots 1 — 4 and Lots 7 — 12) is outlined in red. L:,h,- planning Staff Report Alley Closing Applicant: Southeast Investments, Inc. Petition No. 19-001 -AC WO T A FELD SUR LZEY) E)(,qlBl r,, AIORTTMEST2nd STREET SHEE 7� 2 b� 2 EIGHTH STREET (j--A-,7 (70 - W&C PLOD RIGHT --A - WA a0c) Im TLOT I i.OT 3 LOF 2 CZ ssf 17-M."mr. 1.5 .^COT ALLEY r Lai &x !Or NOOV941-W 71W 2W' M) \-PO1NrOFkG1A,&-e , WG JMRFHwEsr OF 71 SLOCK �5 FOKY iluxy :0- Lai to 7 V FLOCK 156 An .90V rfo e 'N POIN T OF COMMENC61,1EN T SrA77-F90ADMq 70 .19.1F, L01 7, NORTHVES7'PAIRKSTREEF )IC -FARIC &VR?h -CAW SWU ( AA r) MORN 'A "AR MOt 3 *e)j�j PWL:C I - A 1, p�R I!JW bEA x t-7A.,v�wnArervi 2, [A�wfrl Y YAP. 9107v-100, MAN(Xit PR%CeT IC-iNTIrfOl VeW AUNWR r,258,ru LEGEND: �— mt myok PIA11- i . 1W AC i?,Vj IWC UWE) AW Arl"Y.-m Are., te 471,v L-K ptanning Staff Report Applicant: Southeast Investments, Inc. Alley Closing Petition No. 19-001-AC Legal Description of Subject Property LEGAL DESCRIPTION A PORTION OF THE 15 FOOT WIDE ALLEY LYING SOUTH OF LOTS 1 THROUGH 6, BLOCK 156 AND NORTH OF LOTS 7 THOROUGH 12, BLOCK 156, CITY OF OKEECHOBEE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE(S) 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT Z BLOCK 156; THENCE RUN NORTH 00'09'42" WEST, ALONG THE WEST LINE OF SAID BLOCK 156, A DISTANCE OF 142.54 FEET TO THE NORTHWEST CORNER OF SAID LOT 7, BLOCK 156 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00'09'42" WEST, ALONG SAID WEST LINE, A DISTANCE OF Z50 FEET TO A POINT ON THE CENTERLINE OF THE AFORESAID 15 FOOT WIDE ALLEY; THENCE DEPARTING SAID WEST LINE, RUN NORTH 8950'43" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 99.98 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE WEST LINE OF LOT 4 OF SAID BLOCK 156; THENCE DEPARING SAID CENTERLINE, RUN NORTH 00.09'42" WEST, ALONG SAID SOUTHERLY EXTENSION, A DISTANCE OF 750 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, BLOCK 156 AND A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE AFORESAID 15 FOOT WIDE ALLEY; THENCE DEPARTING SAID SOUTHERLY EXTENSION, RUN NORTH 89.50'43" EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 199.97 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1, BLOCK 156; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE, RUN SOUTH 00'09'42" EAST, ALONG THE EAST LINE OF SAID BLOCK 156, A DISTANCE OF 15.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE AFORESAID 15 FOOT WIDE ALLEY; THENCE DEPARTING SAID EAST LINE, RUN SOUTH 8950 43" WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 299.95 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 0.09 ACRES, MORE OR LESS. L,K.,. planning Staff Report Alley Closing Applicant: Southeast Investments, Inc. Petition No. 19-001-AC Upon approval of the abandonment, the 3,000 square feet of the alley will accrue to the Applicant (i.e., owners of the Wawa property). The remaining 750 square feet will accrue to the owners of Lots 5 and 6, with each receiving 375 square feet. This apportionment of the abandoned alley is shown on the graphic below and the following aerial photograph. IfT 11 Y .404-r- l x-, S' ace 4V, I dt It 61 IrT 4 ! al P* 1W 40V 11�15 A"WeNE57, 1T A' i E r r Vr QNSHM-DFL-lm "MCE r "W NA Y T 96!W. i1a: "94 M!A *A WE r�' M7 WM or 5 07 W ac rf if-) SLR v; SWN jVVE, ACtV M5 16 C-1141ML9AZ;Mfj 4 Mcce'7 !M NGATHWE3 ' TRARK STREET WAN-N OAAK LAI- "AM-1 M'V'-' i-XWLc - N,-% " Fw 51 W-*AF%UW7 ZF TRANZ-26-51 MU A1dT-(W—rm:, MAP: rfrriirov za' mw M 2=7 I 1M.-IMWO& LA-1. ptannirng Staff Report Alley Closing 1 41: i ��E ja■j%y . m 9 Applicant: Southeast Investments, Inc. Petition No. 19-001-AC r0 OF 1 it _ . At LaK-e ptanning 5 Staff Report Alley Closing Characteristics of the Subject Property Future Land Use Map Classification Zoning District Use of Property Acreage Existing Commercial Applicant: Southeast Investments, Inc. Petition No. 19-001-AC Proposed Commercial CBD, Central Business District CHV, Heavy Commercial Vacant alleyway 0.11 acres Consistency with Sec. 78-33, Vacation of Rights -of -Way Integral part of proposed development with Wawa convenience store with fuel pumps, and including a restaurant and coffee shop with both indoor and outdoor seating. 0.11 acres Sec. 78.33 states that applications to vacate an alley or public right-of-way may be approved upon a finding by the City Council that the following requirements have been met. The Applicant's responses are provided in Times Roman typeface and are repeated below exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff Comments are in Segoe Privet. REQUIREMENTS I STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan: "The propose Wawa which consists of a gas station, convenience store, and restaurant, aligns TAevre & notAti zq i�z tAe City's with the comprehensive plan for both the future CompreAensive Plan coneernivig land use as commercial and we will be rezoning to abandonment vacation of alleys TAe Heavy Commercial. The majority of the fact tAat a// tAe lands borderlvig tAe surrounding blocks, neighboring the project site to alley canny tAe same Future Land the North, South, East and West also share the Use, and sl�mi/arlq ivitense same future land use as commercial with zoning as conanaevrcia/Zoning, designations commercial business district. In order to construct development and e;iAances the Wawa at this location, the ally way must be tAe eAances tAat future use of ttie vacated, exactly how both Walgreens and CVS to adjolviivzgpvrope&y will be com- the East of the project site, had previously been patible with adjacent properties approved to do and constructed. Additionally, the Wawa compliments these two pharmacies as far as land use and compatibility." 1-;,K-. planning Staff Report Alley Closing Applicant: Southeast Investments, Inc. Petition No. 19-001-AC REQUIREMENTS (cont.) STAFF COMMENTS (cont.) 2. Right-of-way to be vacated is not the sole access to any property, and the remaining access is not The alley is not the sole means of an easement. access to any property. The two "The right of way to be vacated will not provide adjoining properties to the north access to our project. Additionally the right of way are provided access via either NW being vacated is not the sole access to either of the 3rd Avenue or NW ,end Street properties that will remain to the NW." 3. Proposed vacation is in the public interest and provides a benefit to the City. The City will benefit From retuning "This vacation provides a major benefit to the City by the alleyway to the City's tax rollsHowever, bringing and attractive restaurant with out door seat- the primary pub/ic ing, gas station with E free gas and free air for car interest and benefit to the City tires, and convenience store with its own coffee will be Me vacated alleyway's shop. The state of the art ordering system and contribution to face/itating the spacious layout both inside and out, allows for redevelopment of underutilized, traffic to continuously flow through and help get centrally located, downtown customers on their way This location compliments properties to economically viable the surround area and the park providing services to use and the resultant overall both road drivers, boaters, and pedestrians at the increase in taxable property values 4. Proposed vacation would not jeopardize the The Applicant has submitted location of any utility. Letters of No Objection or Utility "As seen in the attached utility design and coordina- Company Author/nations from: tion with all utility providers, this project and the CenturyLink (which has no face%= vacation of the alley does not jeopardize any of the ties within the alley); existing utilities, but actual brings the water and Comcast (which has reached sewer in too better standards that align with DEP agreement with Wawa with the requirements for separation and slopes that are stipulation that Wawa wi%l rein - currently not being met, by getting better spacing burse Comcast for costs associated between water and sewer and increasing the Gravity with relocating existing foci/ities; Sewer's pipe size. Additionally the new layout FPL, which has stated that they cannot siyn -off until FPL has an easement in hand for utilities in Me alleyway; and OUA has no objection provided the property owner relocates the existing water and sewer lines at Wawa's expense and provides corresponding 15' wastewater and 10' water easements are provided to OUA. (_;,K„, planning Staff Report Alley Closing Applicant: Southeast Investments, Inc. Petition No. 19-001-AC Based on the foregoing information and analysis, and given the conditions agreed to by the utility companies and the Applicant, we believe, from a planning perspective, that the requested alley vacation/abandonment is consistent with the requirements of Sec. 78-33. Submitted by: 7Y12- Wm. F. Brisson, AICP Sr. Planner LaRue Planning January 2, 2019 TRC Meeting: January 17, 2019 PB/BOA Meeting: January 17, 2019 City Council 1st Reading: February 5, 2019 City Council 2nd Reading and Public Hearing: February 19, 2019 L.,hII, planning Abandonment of Right -of -Way Petition No. 19-001-AC TRC Meeting A motion and a second was offered by Fire Chief Smith and Building Official Newell to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 19- 001-AC, to abandon the 15-foot wide East to West alleyway lying between Lots 1 to 6 and 7 to 12 of Block 156, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records Okeechobee County, containing approximatelk0.09± acres. Planning Board Meeting A motion and a second was offered by Members Baughman and Batton to recommend approval to the City Council for Abandonment of Right -of -Way Petition No. 19-001-AC, to abandon the 15-foot wide East to West alleyway lying between Lots 1 to 6 and 7 to 12 of Block 156, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records Okeechobee County, containing approximately 0.09± acres. STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that. the attached copy of advertisement being a }'U-�l'aC �`�►�% t in the matter of &�Cvnr_)li - 6- ��\ Sul f lk (TL41d� 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 Lake 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 before me this day of C2Q r AD Notary Public, State of Florida at Large MNOIE BRfDGES WOOMMISSK ik1tF973149 E7TIA .Ap(1120,2D20 t3txt WTttnl N1ltWPLM Ut>del XrM 11 Lake Okeechobee News 107 SW 17th Street;,Suite_ -D ••:: Okeechobee, Florida 34974 8(536�3�3134!� a1,uwlc C=0F0KEE H03EE NO= OF FMMMOMAY ABANDONMENT CONSIDERATION OFADOPTIW AC 11YORDMANC£ RijtQiMa,'AbandorrnaYRttonNo 19-001-AGtbtr�db/Sl-= sky PE; Sortt>�t Lne�reis, Inc on be1vY d dm popaty wmas?�a blaagement ufi Mid R and 205 R Pant Ave 11T n3f mvamteft1l uotwide Ea4h)N�4a�x�y tyF�gbr4vealltls 1 b'n 6 and 7 to 12 ofBbdc M MY CF Ol�pf?F£ p6[ Rook 5, Page s, t Remy Otrm,obee t1x.n avPmeri t).pg arnes, burred h the 200 bbdcatag Nt4 Nodt1 ParkStn� Al mann6as of the pjW are anFaarhg�Wfmo�iyraged to attend and pence ki h sad P atone QyOakdrtnome�lbdri��l sMar Frl,&UOAM4:30Phtea'{tfo►tod3ps . sre a ve�tn nemnd cf the w9 naeft er, te9 m and eddeae 4= wd be � In amxdmm wththeM.t.wthD�biltle,Ad(A y wthad®bRyas dpeofi�edirby the ADA, flat needs s)eM amm bD padI k I h the phi oaedircy86iX3iT103�0fferohterOWMehEhsd4spW BEADV1.SMthats�haklyou handbMwan/dxureQp vtdo artaaeCmdhsvppontoroppo11 tDan/tenonthea,nda,a 0000pp�/ of the brtheQy§ doaiife% vfdeq or min MUST he V bad m the Qy Wlc By CRY Cbktaret;"�04C Exhibit 4 Feb 19, 2019 ORDINANCE NO.1181 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA TRANSFERRING RESPONSIBILITY FOR ALL CODE ENFORCEMENT PURSUANT TO FLORIDA STATUTES CHAPTER 162 FROM THE FIRE DEPARTMENT TO THE POLICE DEPARTMENT; AMENDING THE CODE OF ORDINANCES, CHAPTER 2 ADMINISTRATION, ARTICLE III, DIVISION 6, SECTION 2-172 THEREOF; AMENDING THE CODE OF ORDINANCES, CHAPTER 2 ADMINISTRATION, ARTICLE III, DIVISION 6, SECTION 2-173 THEREOF; AMENDING THE CODE OF ORDINANCES, CHAPTER 18, ARTICLE II, SECTION 18-34 THEREOF; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida recognizes that enforcement of City Codes pursuant to the provisions of Florida Statutes Chapter 162 is a high priority for the City and its citizens, and that continuing efforts to set policies and procedures for code enforcement within the City are necessary and justified as needed; and WHEREAS, code enforcement in the City has been traditionally performed under the auspices of the Fire Chief and his staff, although current codes also name certified law enforcement officers as code inspection officers as well; and WHEREAS, as the Fire Chief and staff have performed code enforcement functions admirably, but it is believed that transferring these functions to the Office of Chief of Police and his officers will greatly increase the number of code officers within the City, and permit code enforcement activities to be performed 24-hours per day, seven days per week. 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: Amendment and Adoption to SecUon 2-172 Fire Department. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart A -General Ordinances; Chapter 2-Administration; Article III -Departments, Officers, and Employees; Division 6-Departments and Offices; Section 2-172 Fire department as follows: There is hereby created and established a Fire Department. The head of the department shall be known as the Fire Chief who shall be responsible for went fire protection and fire inspections as required by law. The Fire Chief shall supervise all employees assigned to the department and shall be responsible for the maintenance of the buildings and equipment needed in the operation of the department. The Fire Chief shall perform such other duties as may be prescribed by the City Council SECTION 2: Amendment and Adoption to Section 2-173 Police Department. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart A -General Ordinances; Chapter 2-Administration, Article III -Departments, Officers, and Employees; Division 6-Departments and Offices; Section 2-173 Police department as follows: There is hereby created and established a Police Department of the City whose head shall be known as Chief of Police. This department shall be responsible for the preservation of law and order in the City and shall be responsible for the enforcement of the laws and ordinances of the City. This department shall also be responsible for all code enforcement activities pursuant to Florida Statutes Chapter 162 within the City. This department shall have general supervision over the control of traffic, the school crossing guards and all employees assigned to the department. The Chief of Police shall be responsible for the proper maintenance of the buildings and equipment used in the operation of the department. The Chief of Police shall perform such other duties as may be prescribed by the City Council. Ordinance No. 1181- Page 1 of 2 Language to be added is 7�r ed Language to be deleted Is stack2veaQp. SECTION 3: Amendment and Adoption to Section 18-34 Administrative Procedure. That the City Council for the City of Okeechobee, Florida, amends herein Part 11 of the Code of Ordinances, Subpart A -General Ordinances; Chapter 18-Code Enforcement; Article II -Code Enforcement Board; Procedure; Section 18-34 Administrative procedures as follows: All code enforcement operations for the City shall be administratively handled through the Fire GW Police Chief, who shall provide the appropriate forms; take complaints; process complaints; direct or�law enforcement officers in the investigation into such complaints; schedule code board%eetings; provide a tape recorded record of such meetings; prepare and record official acts and orders of the board; prepare and file any liens as directed by the board; and to generally be responsible for all operation and record keeping for the code enforcement board. The code enforcement board may from time to time forward on to the City Council as an agenda item, or for general consideration, any matter, request, suggestion or concern the board may vote upon at a regular or special meeting that it determines should be addressed by the City Council. 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 take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this 19w day of February, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 5th day of March. 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney o%p,jq Ordinance No.1181 - Page 2 or 2 Language ro be added'o �erAned Language to be deleted Is shwk dww9h. Exhibit 5 ``�,.� •OKpfcy Feb 19, 2019 fillEMORANDUM TO: Mayor & City Council DATE: February 8, 2019 FROM: City Clerk Gamioteaj` SUBJECT: OUA Board Appointments The terms of two of the City's appointed members to the OUA Board of Directors sunset on March 1, 2019. In keeping with the normal operating procedures, my office advertised these opportunities for City residents to apply. This was done in December and January in the Okeechobee News, notices were posted on all City department bulletin boards, as well as provided via email to citizen board members, employees, and other local governmental offices. To date we have not received any applications from new individuals who wish to be considered for these appointments. Mr. Steve Nelson requested to be reappointed and continue to serve as the Regular Member (see attached letter). Mr. Fadley requested to be reappointed and continue to serve as the Alternate Member, if no other person is interested, and noted he has had to be absent for several meetings due to his law office court dates conflicting with the daytime meetings. Past City Councils requested that I provide the attendance record of these individuals. That information is provided below. Per the Inter -local Agreement, regular members are considered for a four-year term, and the alternate for two years. The attendance information is based on their most recent term that is sunsetting. 2015: 13 meetings held, of which Mr. Nelson was absent for three. 2016: 13 meetings held, of which Mr. Nelson was absent for three. 2017: 13 meetings held, of which Mr. Nelson was absent for one, and Mr. Fadley was absent for four. 2018: 12 meetings held, of which Mr. Nelson was absent for one, and Mr. Fadley was absent for six. 2019: 1 meeting held to date, Mr. Nelson was present, Mr. Fadley was absent. The matter before the City Council for consideration is to reappoint Mr. Nelson as the regular member with a term ending March 1, 2023; and Mr. Fadley as the alternate member with a term ending March 1, 2021. I've included a copy of the current board members with their terms, length of time on the board, and who appointed them. Should you need any additional information to assist with your decision, kindly let me know in time to gather and provide it. Thank You! Steven Nelson 1407 S.E. 8°i Avenue Okeechobee, Florida 34974 January 2, 2019 Marcos Monies De Oca, City Administrator 55 S.E. 3b Avenue Okeechobee, Florida 34974 Dear City Administrator Montes De Oca, As the term of my current appointment to the board of the Okeechobee Utility Authority draws to a close I would like to express my interest in continuing to serve as a board member. Since its inception I have had the privilege of serving the community and citizens of Okeechobee in this capacity, as an original board member. During my time on the OUA board I have strived to bring a common sense approach to the position while offering my time and perspective in order to make decisions that only enhance daily operations and long term outcomes for the OUA. As such your support in having me stay on the board of the Okeechobee Utility Authority is appreciated. I look forward to working together for the citizens of Okeechobee and being of service to this beloved community. Respectfully, Steven D. Nelson z T Y CITY OF OKEECHOBEE Office of the City Clerk Revised 211112019-BJ OKEECHOBEE UTILITY AUTHORITY BOARD MEMBERS Members Appointed by City Steve Nelson, 2" Vice -Chairperson 1407 SE 8th Avenue Okeechobee, FL 34974 863-763-5100 (work), 863-763-7550 (fax) Appointed to Board: December 1996 Current Term Ends: March 1, 2019 Tommy Clay 400 SW 13th Street Okeechobee, FL 34974 863-467-1810 (home) 863-532-1952 (cell) Appointed to Board: March 2015 Current Term Ends: March 1, 2021 Jeff Fadley, Alternate 510 SE 8th Avenue Okeechobee, FL 34974 863-763-5733 (work), 863-763-6199 (fax) Appointed to Board: March 2011 Current Term Ends: March 1, 2019 Members Appointed by County John Creasman, Chairperson 1545 SW 18th Terrace Okeechobee, FL 34974 863-763-4846 (home), 561-723-6465 (cell) Appointed to Board: March 2012 Current Term Ends: March 1, 2019 Michael Myers, Vice -Chairperson 2491 SE 27th Street Okeechobee, FL 34974 772-201-7910 (cell) Appointed to Board: March 2017 Current Term Ends: March 1, 2021 Derek Tremain, Alternate 2104 SW 3`d Street Okeechobee, FL 34974 (863) 634-8183 (cell) Appointed to Board: March 2017 Current Term Ends: March 1, 2019 5th Member and Alternate Chosen by Above Members (Resident in Service Area of Glades Coun Melanie Anderson Harry Moldenhauer, Alternate 1292 Hunter Road 1344 Hunter Road Okeechobee, FL 34974 Okeechobee, FL 34974 863-467-0287 (home) 863-634-4482 (cell) Appointed to Board: December 1996 Appointed to Board: March 2003 Current Term Ends: March 1, 2019 Current Term Ends: March 1, 2019 Staff John Hayford, Executive Director, 863-634-9791 (cell) George Gall, Director of Finance Jamie Mullis, Director of Operations 100 SW 5th Avenue Okeechobee, FL 34974 863-763-9460 (office), 863-763-9036 (fax) Tom Conely, Attorney 401 NW 6th Street Okeechobee, FL 34972 863-763-3825 (office), 863-763-6856 (fax), 863-763-2403 (home) All correspondences should be mailed to the OUA Office, 100 Southwest 5th Avenue, Okeechobee, Florida 34974. The Board meets the 2"d Tuesday of each month, 8:30 A.M. Contact Kristy Hamblen, Executive Secretary, for copies of the agenda and location. *Regular Members are appointed for four-year terms; Alternate Members are appointed for two-year terms. ell vof&ll 04- t I y of Bell Personal Code of Conduct for Members of the City Council The Bell City Council has adopted this Personal Code of Conduct to encourage public confidence in the integrity of local government and its fair and effective operation. Councilmembers shall sign this personal code of conduct at the Council meeting each year when the Council elects the Mayor and Vice Mayor as a symbol of each Councilmember's continuing commitment to abide by the principles of this code. 1. Act in the Public Interest Recognizing that stewardship of the public interest must be their primary concern, Councilmembers shall work for the common good of the people of Bell and not for any private or personal interest, and they will endeavor to treat all persons, claims and transactions in a fair and equitable manner. Z. Comply with the Law Councilmembers shall comply with the laws of the nation, the State of California and the City in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the Bell City Charter and Municipal Code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of government; and City ordinances and policies. 3. Conduct of Members Councilmembers shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the City Council, staff or the public. 4. Respect for Process Councilmember duties shall be performed in accordance with the processes and.rules of order established by the City Council. 5. Conduct of Public Meetings Councilmembers shall inform themselves of public issues, listen attentively to public discussions before the body and focus on the business at hand. 6. Decisions Based on Merit Council decisions shall be based upon the merits and substance of the matter at hand. 7. Communication It is, the responsibility of Councilmembers to publicly share substantive inforf�nnation that is reldvant to a matter under consideration that they have received from sources outside of the public decision -making process with all other Councilmembers. 8. Coordination with City Staff Appropriate City staff should be informed when Councilmembers meet with officials from other agencies and jurisdictions, or with developers, contractors, vendors or prospective contractors, to ensure proper staff support and to keep staff informed. 9. Disclosure of Suspected Corruption All City officials shall take an oath upon assuming office, pledging to uphold the constitution and laws of the City, the State and the Federal government. As part of this oath, officials commit to disclosing to the appropriate authorities and/or to the City Council any behavior or activity that they suspect may qualify as corruption, abuse, fraud, bribery or other violation of the law. 10. Conflict of Interest In order to assure their independence and impartiality on behalf of the public good, Councilmenibers shall not use their official positions to influence government decisions in which they have a financial interest or where they have an organizational responsibility or a personal relationship that would present a conflict of interest under applicable State law. In accordance with the law, members shall file written disclosures of their economic interest and if they have a conflict of interest *regarding a particular decision, refrain from participating in that decision unless otherwise permitted by law. 11. Gifts and Favors Councilmembers shall not take advantage of services or opportunities for personal gain by virtue of their public offices that are not available to the public in general. They shall refrain from accepting gifts, favors or promises of future benefits that might compromise their independence of judgment or action or give the appearance of being compromised. 12. Confidential Information Councilmembers shall respect and preserve the confidentiality of information provided to them concerning the. confidential matters of the City. They shall neither disclose confidential information without proper legal authorization nor use such information to advance their personal, financial or private interests. 13. Use of Public Resources Public resources not available to the general public (e.g., City staff time, equipment, supplies or facilities) shall not be used by Councilmembers for private gain or personal purposes. 14. Representation of Private Interests In keeping with their role as stewards of the public trust, Councilmembers shall not appear on behalf of the private interests of a third -party before the City Council of the City. 16. Advocacy To the best of their ability, Councilmembers shall represent the official policies and positions of the City Council. When presenting their personal opinions or positions, members shall explicitly state that they do not represent the Council or the City. 16. Improper Influence Councilmembers shall refrain from using their position to improperly influence the deliberations or decisions of City staff. 17. Policy Role of Members Councilmembers shall respect and adhere to the Council -Manager structure of the Bell City government as provided in State law and the City Charter and Municipal Code. 18. Positive Work Environment Councilmembers shall support the maintenance of a positive and constructive environment for residents, businesses and City employees. 19. Implementation Ethics standards shall be included in the regular orientations for City Council candidates. Councilmembers entering office shall sign a statement affirming they read and understood the City of Bell's "City Council Personal Code of Conduct". 20. Compliance and Enforcement Councilmembers themselves have the primary responsibility to assure that ethical standards are understood and met and that the public can continue to have full confidence in the integrity of City government. ! affirm that l have read, understand and will comply with the City of Bell City Council Personal Code of .Conduct. Sign ture V Date .N IN Signature 4 /-g 1 I -a Date A 1� Date �f l Da e V f /V / a at N of &9-, C# MANUAL OF PROCEDURAL GUIDELINES FOR THE CONDUCT OF CITY COUNCIL AND CONSTITUENT BODY/COMMISSION MEETINGS CITY OF BELL OUTLINE OF PROCEDURAL MANUAL PROVISIONS Manual Applies to Council; Agency; Housing Authority; All Commissions A. Agendas (3.1-3.4; 5.1-5.10; 6.1, 6.3, 6.6) 1. City Manager generally has the authority to set the agenda. (5.1) 2. Any Councilmember may request a matter be put'on an agenda. City Manager can bring it to an agenda under pending items and Council can decide whether they want it agendized for discussion. (5.1) 3. Permits consent calendars and defines what is not permitted on consent calendar: ordinances; matters involving split votes or public controversy; excluded consent calendar. (6.3) 4. List order of agenda. (6.1) 5. Permits an agenda item for "Council Agenda - New Business" and where announcements permitted with no discussion. (6.1, 6.6) 6. No action unless listed on agenda. (5.7) 7. Add items if arose subsequent agenda and 2/3 vote or unanimous of those present. (5.9) B. Minutes, Ordinances and Resolutions and Contracts (5.3 - 5.6, 6.5) 1. Minutes are the record of actions and dispositive decisions; revisions factual and not to change intent. (5.10) 2. Defines matter appropriate for ordinance vs. resolution. (5.4, 5.5) 3. Defines vote requirements --ordinances and resolutions generally require three (3) votes. Certain items require supermajority. (5.4, 5.5) 4. Urgency circumstances defined where resolution can be prepared at a meeting. (5.4) 5. Contracts may be put in final form by legal counsel. (5.6) 6. Approval budget does not authorize expenditures. (6.5) C. Boards and Commissions (1.2, 6.4) 1. Defines legislative bodies and advisory bodies subject to the Brown Act. (1.2(a)) 2. Committees established by official action, continuing jurisdiction more than 180 days, majority of officials from City or other bodies, is standing committee subject to Brown Act. 3. Permits creation of ad hoc council subcommittees.(less than majority) not subject to the Brown Act. 4. Permits formation of advisory boards and commissions subject to the Brown Act. 5. Provides that appointments are by Mayor with the consent of Council; removed by majority vote of Council. (Charter § 802) 6. Commissions make reports to Council; not permitted to create subcommittees. D. Study Sessions/Closed Sessions (2.5; 4.1 - 4.4) 1. Study Sessions informal but subject to Brown Act; no action taken. (2.5) 2. Public comments permitted before closed session, report on any action taken. (4.1, 4.4) 3. Those persons not relevant to the closed session matter are excluded. (4.2) 4. A minute book may be kept of the closed session proceedings. (4.3) 5. Revealing any matter from closed session can subject the person to censure. (4.3) E. Public Comments (5.8, 7.1 - 7.4) 1. Public comment period; comment on agenda items. (7.1, 7.5) 2. Fact based informational inquiry; no debate (7.1) 3. Speaker cards provided, but voluntary. (7.3) 4. Time limit for speakers is: 3 minutes. (7.2) F. Hearings (8.1- 8.4) 1. Before the hearing, Councilmembers limited to factual questions of staff and speakers. Not to engage in debate. (8.4) 2. Presiding Officer to make it clear when hearing is opened or closed. No questions of speakers or public comment after hearing closed. (8.3) 3. Hearing must be fair and impartial with decision based on findings required by law. (8.1, 8.3) 4. No expression of opinion until hearing is closed. (8.4) 5. Avoid extra meeting contact with interested persons. Encourage participation in hearing. (8.4) 6. Presiding Officer can control conduct of hearing --representative speakers, etc. Set any rules at beginning and keep fair to each side. (8.3, 9.1) 7. Be attentive during hearings. (8.1, 8.3) G. Conduct of Members (9.1- 9.10; 10.3) 1. Mayor presides; determinations can be appealed. (9.1) 2. Mayor speaks officially for City rather than councilmembers. (9.2) 3. Don't represent position of City or promise City action. (9.2; 9.10) 4. Councilmembers may use letterhead in correspondence but represent their own position rather than City unless authorized by Council. (9.2) 5. Don't speak in derogatory fashion concerning colleagues, employees, citizens. (10.1(f)) 6. Commissioners do not speak for City. (9.2) 7. Use of City email account to conduct City business; but no collective action under the Brown Act. Also subject to Public Records Act. (9.3) 8. Formal process for censure for wrongful conduct involving noticed hearing before City Council. (10.3) -2- 01135/0001\145204.03 H. Officials (9.5 — 9.9) 1. City Manager sets agenda, prepares staff report, budget and year-end fiscal report and administers City. (9.5) (Charter 604) 2. City Manager appoints/removes employees and, with consent of Council, Departments heads. 3. City Manager establishes central purchasing and advises Council on financial condition:. 4. City Manager sees to enforcement of all laws. 5. City Manager controls all administrative departments and establishes necessary and proper rules and regulations for general conduct of administration of City. 61 City Attorney prepares all ordinances, resolutions, contracts, deeds,' easements and other legal instruments. (9.6(a)) 7. City Attorney client is City not individual council members. City Attorney will advise councilmembers of conflicts but advice not binding and no attorney -client confidentiality. (9.6 (b)) 8. City Attorney can file amicus briefs not conflicting with City interests. (9.6 (d)) 9. City Attorney shall undertake or defend all litigation against the City keeping the Council informed as to the status of such litigation and seeking direction on all major actions. City Attorney may take all necessary and proper action on routine and procedural actions and discovery matters. (9.6(e)) 10. No Conflicts of Interest and no financial interest in contracts. Reporting and Disclosure. No participation where conflict. Highest ethical standards (9.7, 9.8, 9.9) I. Decorum/Procedures (10.1-12.3) 1. Presiding officer responsible to maintain decorum and Chief of Police or designee is Sergeant at Arms. (9.1, 10.1, 10.4) 2. Persons engaging in disruptive behavior may be excluded if the disruption continues after being warned. Disruption includes demonstrations, speaking when not recognized, interrupting speakers, violating time limits, being unduly repetitious and similar conduct. It does not include silent gestures, criticizing public officials or similar speech. (10.4) 3. Abstentions discouraged but permitted where appearance of impropriety even if no financial conflict. (11.6) 4. Motions to rescind clarified so that matter can be rescinded if later legislative session. (11.4) 5. Defines process to correct an earlier action in violation of Brown Act. (12.1- 12.3) 6. ` Includes Table of Motions and Procedural Actions. Exhibit A -3- 01 135/0001 \ 145204.03 MANUAL OF PROCEDURAL GUIDELINES FOR THE CONDUCT OF CITY COUNCIL AND CONSTITUENT BODY/COMMISSION MEETINGS ARTICLE I — SCOPE 1.1 Application of Rules; Rescission of Prior Resolutions This Manual (the "Manual") shall establish the procedures for the conduct of all meetings of the City of Bell. City Council, Successor Agency to Bell Community Redevelopment Agency, Bell Housing Authority, Bell Public Finance Authority, Planning Commission and other constituent, governing bodies and commissions. This Manual rescinds and supersedes all prior City resolutions setting forth rules of procedure for the conduct of meetings by City Legislative Bodies (defined below). Wherever there is a conflict between this Manual and any prior City resolution, the terms and rules in this Manual shall govern. Resolutions more specifically superseded by this Manual include, without limitation, the following: 1.2 Definitions The following definitions shall apply to these rules and procedures: a) "Legislative Body" means any quorum of any council, board, agency, commission or standing committee (as defined in Gov't Code § 54952), or other governing body of the City of Bell that is subject to the Brown Act (Gov't Code § 54950 et seq.). This includes the Bell City Council, Successor Agency to Bell Community Redevelopment Agency, Bell Housing Authority, Bell Public Finance Authority, Planning Commission, and any standing committee subject to the Brown Act. The term "Legislative Body" does not include Non -Governing Bodies, as defined below. b) "Presiding Officer" means the chairperson of the Legislative Body. For example, this refers to the Mayor when read in the context of the City Council, the Board Chair in the cases of the Successor Agency to Bell Community Redevelopment Agency, Bell Housing Authority, Bell Public Finance Authority, and the Chair of any Commission. c) "Vice Chair" means the vice chairperson to the Presiding Officer. For example, the Vice Chair means the Vice Mayor in the case of the City Council, the Vice Chairperson in the cases of the Successor Agency to Bell Community Redevelopment Agency, Bell Housing Authority, Bell Public Finance Authority, and the Vice Chairperson of any Commission. d) "Clerk/Secretary" means the person responsible for taking and maintaining the record of proceedings for all meetings, preparation of agenda, calendar clerk and custodian of rules, resolutions, ordinances and Legislative Body records. For example, the Clerk/Secretary refers to the City Clerk in the case of the City and the Agency Secretary in the cases of the Successor Agency to Bell Community Redevelopment Agency, Bell Housing Authority, and Bell Public Finance Authority. e) "General Counsel" means the legal advisor to the Legislative Body, such as the City Attorney in the case of a City Council meeting, or Agency Counsel in the cases of the Successor Agency to Bell Community Redevelopment Agency, Bell Housing Authority, and Bell Public Finance Authority. f) "City Manager" means the Chief Executive Officer (or Executive Director) of the City, Successor Agency to Bell Community Redevelopment Agency, Bell Housing Authority, and Bell Public Finance Authority . The City Manager may serve as the Secretary to the Successor Agency to Bell Community Redevelopment Agency, Bell Housing Authority, and Bell Public Finance Authority, and may designate appropriate staff to serve as the clerk/secretary to any Commission of the City. g) "Non -Governing Bodies" means wholly advisory committees and bodies that are not subject to the provisions of the Brown Act. h) "Sub -Legislative Bodies" means such advisory committees which are subject to the Brown Act but are not "governing" Legislative Bodies. These rules and procedures are enacted pursuant to authority granted by Government Code §§ 36813 and 54954. The purpose of this Manual is to provide that the Legislative Bodies' procedures will be consistent with the Brown Act and also to establish procedures which will be convenient for the public and contribute to the orderly conduct of any Legislative Bodies' business. The procedures herein are in addition to, and not in place of, applicable ordinances and statutes and in the event of conflict between this Manual and applicable ordinances or statutes, the ordinances and/or statutes shall govern. In the event that any state statute referenced herein is renumbered, the reference herein shall be deemed to refer to the successor statute dealing with the same subject matter. ARTICLE II — MEETINGS 2.1 Regular Meetings Unless otherwise specified by a resolution or ordinance applicable to a specific Legislative Body, the regular meetings of City Council shall be held on the second and fourth Wednesday of each month at the time designated by the Legislative Body, in the City of Bell Community Center, 6250 Pine Avenue, Bell, California 90201, or at such other locations as the Legislative Body may from time to time designate by resolution, in the order of adjournment, or in the notice or call of any special meeting. In the event a day of meeting is a legal holiday, said meeting shall be held on the next business day. 2.2 Special Meetings The Presiding Officer may, when he or she deems it expedient, or upon the written request of a majority of the Legislative Body, call a special meeting of the Legislative Body for -2- 01 135/0001 \ 1452 04.03 the purpose of transacting the business designated in the call. The means and method for calling such special meeting shall be as set forth in Bell City Charter Section 507 as it now exists or may hereafter be amended. At such special meeting, no business shall be considered other than as designated in the call. (Gov't Code § 54956.) Notwithstanding any other provision herein, a special meeting may not be called regarding the salary, salary schedule or other form of compensation for any City officer, official of department head unless the special meeting is being called to discuss the City's budget. (Gov't Code §§ 54954.2(a), 54956.) 2.3 Special Eirerl?ency Meetinlzs A special emergency meeting may be called by the Presiding Officer or by a majority of the Legislative Body where an emergency exists: (a) A work stoppage, terrorist act or threat, crippling disaster or other activity which severely impairs public health or safety as determined by the majority of the Legislative Body; or (b) Such other circumstance specified by State law as authorizing the conduct of an emergency meeting. Any special emergency meeting shall be called, noticed, and conducted only in accordance with the procedures set forth in State law. 2.4 Attendance A majority of members of the Legislative Body shall constitute a quorum. Less than a majority may adjourn from time to time, and may compel the attendance of absent members. If a member of the City Council is absent from all regular meetings of the City Council for a period of 90 days consecutively from and after the last regular City Council meeting attended by such, member, unless by permission of the City Council expressed in its official minutes, or is convicted of a crime involving moral turpitude or a felony, or ceases to be domiciled in and a voter of the City, the office shall immediately become vacant and shall be so declared by the City Council. (Bell City Charter § 501.) 2.5 Study Sessions The Legislative Body may meet informally in conference or "study" sessions regarding concerns of the Legislative Body to interchange information and such meetings shall be subject to the Brown Act, provided that all discussions and conclusions shall be informal. Such meeting shall be called in the same manner as for special meetings or adjourned meetings, as applicable. Each notice shall indicate that an opportunity for public comment shall be provided before any matter shall be determined. When a meeting has been designated a Study Session, the Legislative Body shall not take any actiorf with respect to the matter under study except with prior public notice, appearing on a properly posted agenda, of such intent to take action. ARTICLE III —NOTICE AND AGENDA 3.1 Notice and Al?enda for Regular Meetings For every regular Legislative Body meeting, the Clerk/Secretary or his or her designee shall post a notice of the meeting, specifying the time and place at which the meeting will be -3- 01135/0001 \145204.03 held, and an agenda containing a brief description of all the items of business to be discussed at the meeting as set forth in Article V. The notice and agenda may be combined in a single document. The notice and agenda must be posted at least seventy-two (72) hours before the regular meeting in a location freely accessible to public twenty-four (24) hours a day during the seventy- two (72) hour period and where the notice and agenda is not likely to be removed or obscured by other postal material. In addition, the notice and agenda must be posted on the City's website. Specifically, the: notice and agenda shall be posted at the places indicated below, and/or at such other location(s) as the Clerk/Secretary may designate: CITY HALL COUNCIL CHAMBER CITY LIBRARY CITY COMMUNITY CENTER CITY WEBSITE 3.2 Notice and Agenda for Special Meetings For every special meeting, the Clerk/Secretary or his or her designee shall post a written notice specifying the time and place of the special meeting and the business to be transacted must be sent to each member of the Legislative Body (unless the member has filed a written waiver of notice with the Clerk/Secretary) and to each local newspaper of general circulation, and radio or television station that has requested such notice in writing. The notice shall serve as the agenda for the special meeting and shall contain a brief description of all the items of business to be discussed at the meeting as set forth in Article V. The notice for a special meeting shall be conspicuously posted at least twenty-four (24) hours prior to the special meeting in a location that is freely accessible to the public twenty-four (24) hours a day and where the notice are not likely to be removed or obscured by other posted material. In addition, the notice and agenda must be posted on the City's website. Specifically, the notice shall be posted at the place indicated below, and/or at such other location(s) as the Clerk/Secretary may designate: CITY HALL COUNCIL CHAMBER CITY LIBRARY CITY COMMUNITY CENTER CITY WEBSITE 3.3 Notice and Agenda for Adiourned Meetings The Legislative Body may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. If all members are absent from any regular or adjourned regular meeting, the Clerk/Secretary may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally to each member of the Legislative Body at least twenty-four (24) hours before the adjourned -4- 01 135/000l \ 145204.03 meeting. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special, or adjourned special meeting was held, within twenty-four (24) hours after the time of adjournment. When a regular or adjourned regular meeting is adjourned as provided herein, the resulting adjourned regular meeting shall be a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. If the subsequent meeting is conducted within five (5) days of the original meeting, matters properly placed on the agenda for the original meeting may be considered at the subsequent meeting. If the subsequent meeting ;s more than five (5) days from the original meeting, a new agenda must be prepared and posted pursuant to Government Code Section 54954.2. 3.4 Affidavit of Posting Immediately following the posting of the notice and agenda, the Clerk/Secretary or his or her designee shall complete an Affidavit of Posting, in a form: to be developed by the Clerk/Secretary. The Affidavit of Posting shall indicate the time of the posting, the location(s) of the posting, and shall be signed under penalty of perjury. The Clerk/Secretary shall retain all such affidavits, together with a copy of each notice and agenda so posted. The affidavit, notice, and agenda shall be retained at least two (2) years subsequent to the date of posting, and pursuant to Government Code § 34090, shall not be destroyed by the Clerk/Secretary thereafter except in accordance with the City's record retention policies. ARTICLE IV— CLOSED SESSIONS 4.1 Generally The Legislative Body may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which it is authorized by State law to hear or consider in closed session. Public comment shall be permitted on closed session matters prior to the closed session. If a closed session is included on the agenda, the description of the item shall meet the requirements of and shall identify the statutory basis for the closed session. During closed session, the Legislative Body shall exclude all persons which it is authorized by State law to exclude from a closed session. No minutes of the proceedings of the Legislative Body during a closed session are required. There shall be no closed session during any special emergency meeting unless approved by a 2/3 vote of the members present (or unanimous if less than 2/3 present) pursuant to Govt. Code§ 54956.5. Closed session may not be held regarding a matter not listed on a properly posted agenda for closed session except upon the Legislative Body first taking action to place the item on the agenda as a closed session item as permitted by law. 4.2 Persons Authorized Persons present in the closed session shall be only those persons necessary to the discussion of the matter under consideration. All other persons shall be excused. The Clerk/Secretary shall attend each closed session of the Legislative Body and keep and enter into a minute book a record of any reportable decisions made at the meeting, unless attendance is excused. -5- 01135/0001\145204.03 4.3 Confidentiality The minute book for any closed session is not a public record and shall be kept confidential and shall be available only to members of the Legislative Body or as otherwise provided by law. (Govt. Code § 54957.2(a).) No person attending a closed session shall publicly discuss or otherwise reveal the proceedings in the closed session unless such publication has been approved by the vote of the Legislative Body taken during the closed session or as otherwise required by law. Violation of this rule shall subject the violator to censure by the Legislative Body as provided in Section 10.5 herein:- 4.4 Public Reports Before recessing into closed session, the Presiding Officer or General Counsel shall announce that the Legislative Body is recessing into closed session and shall name each closed session topic that will be discussed in closed session in at least as much detail as shown on the agenda. Upon leaving closed session, the Presiding Officer or General Counsel shall report publicly any reportable actions taken on a closed session matter and, if any vote was taken, shall announce that the matter was put to a vote, the results of the vote, and how each Legislative Body member voted. ARTICLE V - AGENDA CONTENTS 5.1 Preparation of Agendas Barring insurmountable difficulties, the agenda shall ordinarily be delivered to the members of the Legislative Body each Friday preceding the meeting to which it pertains. The agenda shall also be available to the general public at the time it is delivered to the members of the Legislative Body, or in any case as required by the Brown Act. Any Legislative Body member desiring to present a subject for the Legislative Body's consideration shall advise the City Manager's office and the City Clerk of that fact not later than 5:00 pm one week before the meeting at which the member wishes the subject to be considered. The matter shall then be listed on the next agenda for discussion of whether it should be a future agenda item. The City Manager shall advise the Legislative Body member of constraints affecting staffs ability to produce an agenda report, and when the matter should be scheduled. Notwithstanding the foregoing, the City Manager generally has responsibility for setting the agenda for the Legislative Body (except for any Commission where the responsibility may be assigned to the City Manager's designee), and may place matters on the agenda in accordance with the Manager's evaluation of administrative priorities and resource capacities of City. 5.2 Description of Matters All items of business to be transacted or discussed at a meeting of the Legislative Body, shall be briefly described on the agenda. The description may, but need not, set out the specific action or alternatives which will be considered by the Legislative Body, but should contain -6- 01135/0001\145204.03 sufficient detail so that a person otherwise unaware could determine the general nature or subject matter of the item by reading the agenda. The description of closed session matters shall meet the requirements of Government Code §§ 54954.2 and, where applicable, § 54954.5. Matters may be designated as "pending" and listed for the sole purpose of determining if they will be on a future agenda. 5.3 Action Items (a) Matters may formally be adopted by an ordinance, a resolution, minute order, or other motion (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding but vary in the formality of respective memorial ization. While most actions will be presented to the Legislative Body in a written form prior to, or at, the meeting, the Legislative Body may amend any proposed action as written by carried motion of the Legislative Body at the time of its presentation for adoption. If an action as written is so amended by the Legislative Body, it shall be revised to reflect the Body's amendments for later execution by the Presiding Officer. (b) Besides ordinances and resolutions, action can be taken by motion and recorded as a minute order. A "minute order" denotes a Legislative Body action which is recorded simply by an item entered in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. (c) Except for emergency resolutions or ordinances, all resolutions, and ordinances as applicable, shall be presented to the Legislative Body in printed or typewritten form. This requirement does not prevent the Legislative Body from adopting a resolution, or ordinance as applicable, which has been amended by motion of the Legislative Body at the time of its presentation for adoption. (d) As a general rule, a recorded majority of the quorum for a Legislative Body may take an action. However, for the City Council, resolutions, orders for the payment of money, and all ordinances (except urgency ordinances) require a recorded majority vote of the total membership of the City Council. (Govt. C §36936.) Also, other actions, such as the passage of an urgency ordinance or adoption of a resolution of necessity to condemn property, require a super -majority vote. (Govt. Code §§ 36937, 65858; Code Civ. Proc. § 1245.240.) (e) Under the Political Reform Act of 1974, a member with a financial conflict of interest regarding a matter before the member's board must leave the room while that matter is being discussed, heard, or acted on, so that member cannot be counted towards the quorum for that matter. (Govt. Code § 87105; 2 Cal. Code Regs. § 18702.5.) 5.4 Resolutions (a) A "resolution" is a formal action with findings taken by the Legislative Body, generally prepared in writing, designated by sequential number, and reference to which shall be inscribed in the minutes and an approved copy of each resolution filed in the official book of resolutions of the Legislative Body. A resolution is less formal and does not demand the legal processing required of an ordinance. -7- 01135/0001\145204.03 (b) Resolutions are used when specifically required by law, when needed as a separate evidentiary document to demonstrate findings or to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional preambles/ explanatory material it often recites) to facilitate such future reference and research. (c) A resolution is generally introduced and adopted at the same meeting. Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Article X•I, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. (d) Where a resolution cannot reasonably be prepared in advance of a meeting, the Legislative Body may instruct the City Manager or General Coungel to prepare a resolution for presentation at the next Legislative Body meeting. Where urgent, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in Article XI, shall be followed. Any decision within the city's police power may be evidenced by resolution unless there is a statutory or other requirement providing otherwise. 5.5 Ordinances (City Council Only) (a) The City Council is the only Legislative Body empowered to legislate the Bell Municipal Code by adoption of ordinances. Ordinances are the laws of the city. (b) Ordinances, other than urgency ordinances, require at least two readings at different meetings held at least five days apart with the first reading considered to be introduction and the second adoption. With few exceptions, ordinances take effects on the 31s' day after adoption. (c) Ordinances are required to be read in their entirety at the time of introduction or at the time of passage, unless a motion waiving further reading is adopted by a majority vote of the Councilmembers present and voting. The waiver of further reading may be accomplished by one vote for all ordinances presented on the agenda of the present meeting. Government Code Section 36934. (d) The Clerk/Secretary shall prepare copies of all proposed ordinances for distribution to all members of the City Council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. Ordinances shall be numbered and kept by the clerk/secretary with the same formality as resolutions as described above in Section 5.4. (e) An urgency ordinance is an ordinance adopted for the immediate preservation of the public peace, health and safety, containing a declaration of facts constituting the urgency. An urgency ordinance takes effect immediately and requires four -fifths vote of the City Council for passage pursuant to Government Code § 36937. (f) Ordinances may only be passed at a regular meeting or at an adjourned regular meeting, except for urgency ordinances. Ordinances may not be passed at a special meeting. (Govt. Code§ 36934; Bell City Charter § 511) -8- 01 135/0001V 45204.03 5.6 Contracts and Agreements When any contract or agreement is to be considered by the Legislative Body, the complete contract and agreement, if complete in form for execution, shall be made a part of the agenda package presented to the Legislative Body and shall be made available for viewing by the public within the time frames required under the Brown Act and/or the California Public Records Act (Govt. Code §§ 6250 through 6276.48). The Legislative Body may choose to leave the final form of the contract to the discretion of General Counsel if the Legislative Body has determined the general conditions of the contract. 5.7 Limitation of Actions by Menda No action or discussion shall be taken by the Legislative Body, on any item' not appearing on a posted agenda, subject only to the exceptions listed in Section 5.9 below. "Action taken" as used herein shall mean a collective decision made by a majority of the Legislative Body present, a collective commitment or promise by a majority of the Legislative Body to make a positive or a negative decision, or an actual vote by a majority of the Legislative Body present upon a motion, proposal, resolution, order, or ordinance. 5.8 Public Comment Period Pursuant to Government Code § 54954.3, every agenda posted for any meeting shall contain an item entitled "Public Comment" in order to provide for an opportunity for the public to address the Legislative Body on items of interest to the public within the Legislative Body's subject matter jurisdiction. The public comment period should be conducted in accordance with Article VII. 5.9 Exceptions to Agenda Requirement for Action Taken The Legislative Body may take action at a meeting on an item not appearing on the agenda for that meeting only under one of the following circumstances: (a) Upon a majority determination that an "emergency situation" that is either (i) a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, or (ii) a dire crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a Legislative Body to provide one -hour notice before holding an emergency meeting may endanger the public health, safety, or both. All discussion of such emergencies must be in open session. (b) Upon a determination by a two-thirds (2/3) vote of the Legislative Body, or if less than two-thirds of the Legislative Body are present by a unanimous vote of those members present, that the need to take action arose subsequent to the agenda posting. For the purposes of this subsection, the term "need to take action" shall mean those circumstances whose occurrence creates a situation which is materially different from that which existed at the time the agenda was posted, and which requires the immediate attention of the Legislative Body. The mere failure of any person to notify the Legislative Body or staff of a pre-existing situation requiring Legislative Body attention until after the time for the posting of the agenda shall not be deemed to constitute a "need to take action" hereunder. If the Legislative Body makes a -9- 0 1135/000 1 \145204.03 determination pursuant to this subsection, the minutes of the meeting at which the determination is made shall reflect what circumstances gave rise to the "need to take action" and why the item could not be placed on the agenda. 5.10 Minutes and Recordinl4s (a) An account of all proceedings of Legislative Body in open meetings shall be kept by the Clerk/Secretary. The Clerk/Secretary shall prepare a record of all actions and dispositive decisionk .taken at meetings proceedings ("Action Minutes" or "Mintues") for: approval by the Legislative Body which when adopted by the Legislative Body shall be the official Minutes of the meeting. Amendment of the Minutes may be made only as to factual accuracy and not as to a change of intent. The Minutes of the meeting will not be verbatim, but shall list the speakers name, the item and actions taken on the item. Only the best and most complete available recording of the meeting shall constitute the official record of the Legislative Body, but the Minutes shall constitute the official record of the Legislative Body meeting where a verbatim record of the meeting is not available. (b) Any recording of a meeting made by or at the direction of the Legislative Body is a public record that must be retained and made available to the public for at least 30 days. The Legislative Body must provide to the public, without charge, equipment to review the record. ARTICLE VI — ORDER OF BUSINESS 6.1 Order of Business The order of business of each meeting shall be as contained in the agenda prepared by the Clerk/Secretary unless the majority of the Legislative Body members consent to take items out of order. The order of business at meetings of the Legislative Body may be as follows, in accordance with the procedures specified below: (a) Call to Order. (b) Roll Call. (c) Public Comment period on Closed Session, if applicable (d) Announcement of Closed Session Items, if applicable. (e) Recess to Closed Session. (f) Reconvene Regular Meeting. (g) Roll Call (h) Pledge of Allegiance. (i) Closed Session Report, if applicable. 0) Presentations. (k) Public Comment period. (1) Mayor' and Council Communications. (m) City Manager's Report (n) Public Hearings, if applicable. (o) Business Calendar. (p) Consent Calendar. (See Section 6.3 below) -10- 01135/0001\145204.03 (q) Adjournment. 6.2 Call to Order The meeting of the Legislative Body shall be called to order by the Presiding Officer, or the Vice -Chair in the Presiding Officer's absence. In the absence of both the Presiding Officer and Vice Chair, the meeting shall be called to order by the Clerk/Secretary and the three Legislative Body members present shall elect by majority vote a Presiding Officer for that meeting. 6.3 Consent Items Matters of a routine or generally uncontested nature and non -controversial, shall be placed on the agenda as Consent Items and may be approved by the Legislative Body in a single motion by adoption of the Consent Calendar. The approval of the Consent Calendar shall signify the approval of each matter or recommendation included therein. All matters on the Consent Calendar shall be the subject to public comment procedures in Article VII. Upon the request of any member of the Legislative Body or upon the request of a member of the public made through the Presiding Officer, a matter may be removed from the Consent Calendar for separate discussion and/or action. Any such item shall be considered as part of the Excluded Consent Calendar. Each matter proposed for consideration as part of the Consent Items, including any recommended action, shall be described on the notice and agenda posted for the meeting. The following matters are not appropriate for the Consent Calendar: (a) Ordinances shall not be placed on the Consent Calendar for approval unless it is the second reading of the ordinance and the reading of the ordinance has been waived as required by law. (b) Any matter where the City Manager believes (i) it unlikely that there would be unanimous approval by the Legislative Body, or (ii) there is likely to be public comment on the matter, or (iii) a public presentation of the matter would be beneficial to the community. 6.4 City Representatives and Advisory Bodies (City Council On (a) From time to time the Council may be required to assign a representative of the City to non -City boards, commissions or organizations (e.g., boards or commissions of another agency or joint powers authority). Except as otherwise required by law or by the policies of the non -City organization, the Mayor shall make all such appointments of City representatives on non -City organizations after consultation with the City Council. (b) The City Council shall have the power to establish advisory committees, commissions, other Legislative Bodies and Non -Governing Bodies. Any committee which is (i) established by ordinance, resolution or other formal action required by law, or (ii) has a fixed regular meeting schedule, or (iii) has continuing subject matter jurisdiction over a non -temporary issue, or (iv) which continues to conduct business in excess of 180 days, or (v) has a majority membership of officials from other Legislative Bodies, shall be subject to the provisions of the Brown Act. -11- 01135/0001\145204.03 (c) Advisory bodies and committees may take the following form: (1) The Council may, as the need arises, authorize the appointment of "ad hoc" Council committees composed of two members. Except where otherwise specifically provided by law, the Presiding Officer shall appoint the members of the Council committees, subject to the approval of the Council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council. (2) The Council may, subject to the Brown Act, create other committees, boards, and commissions, whether Legislative Bodies or Non -Governing Bodies, to assist in the conduct and operation of the City government with such jurisdiction and duties as the Council may specify. Except where otherwise specifically provided by law, the Mayor shall make appointments of members to such committees, boards or commissions subject to the approval of the Council. The procedure of filling vacancies and provision of notice thereof shall be subject to the provisions of the Maddy Act.: (Govt. Code §§ 54970-54974). Absent any other provision to the contrary, members of committees, boards and commissions may be removed by the Council without cause by a majority vote of the whole Council body. Any member of the City Council may place the question of such removal on the agenda. (Bell City Charter § 802.)Any committees, boards, or commissions so created may be abolished by a majority vote of the whole Council body by repeal of the enacting ordinance or resolution. (c) Sub -Legislative Bodies, including Non -Governing Bodies, shall be responsible for reporting the Body's activities to the City Council. The members of a Sub - Legislative Body or Non -Governing Body shall operate within the jurisdiction established by the Council and shall not have authority to make subcommittees unless specifically granted such authority by action of the full City Council. Staff members may be assigned to assist any Council -created committee by the by the City Manager; staff members so assigned shall not be members of the committee unless specifically appointed as such by action of the full Council. 6.5 Budaets The City Council shall have the power to approve the City budget, and each Legislative Body shall have the power to approve the budget of funds specifically apportioned to control of that Legislative Body (e.g., the Successor Agency Board shall approve the budget of the Successor Agency to the Bell Community Redevelopment Agency and the Housing Authority Board shall approve the budget of the Bell Housing Authority). Approval of the budget constitutes approval of a proposed plan of expenditures and revenues. With respect to each given expenditure the applicable procedure and laws must be followed. Further adoption of the budget does not constitute authorization for any specific employment class or position. 6.6 Items from Members (a) There is a specific item on the agenda for receiving general comments, announcements, and/or suggestions from members of the Legislative Body. This can be used to inform the public concerning upcoming events, report on members' attendance at conferences and seminars, for requests by members that staff review specific matters or similar matters. -12- 01135/00011145204.03 These matters may not be discussed, opined upon or deliberated, and if they do not concern a matter on the agenda, shall be handled by the Presiding Officer according to the same procedures set out for Public Comment in Section 7.3. No action may be taken on such matters without being placed on a subsequent agenda. (b) There is an agenda item referred to as New Business. Matters are listed under this item pursuant to Section 5.1 where a member has asked that the matter be scheduled for discussion of whether a future staff report should be prepared. The listing of the matter allows a discussion of whether a staff report should be prepared, or it may be held on the pending agenda to keep track of when it will be assigned to a future agenda. (c) There is an agenda item referred to as City Manager Reports. This may be used by the City Manager similarly to the item for members of the Legislative Body in Subsection (a) above to make announcements without separately listing the matter on the agenda, and subject to the same restriction that there may be no discussion or action on such matter. ARTICLE VII— PUBLIC COMMENT 7.1 Public Comment At the beginning of any Legislative Body meeting the public shall be afforded the right to comment on any and all issues, including items on the agenda, within the subject matter jurisdiction of the Legislative Body. Public comment shall be taken at the beginning of the meeting under a "Public Comment" heading. With regard to matters not on the agenda, the Legislative Body may ask questions of persons who raise new matters during the Public Comment period or otherwise, and the Presiding Officer should handle such matters as provided in Section 7.3, below. However, all Legislative Body questions must be limited to facts -only informational inquiries, and the Legislative Body may not discuss the merits, express any opinions or ask questions that convey opinions or thought processes with respect to any non- agendized issue. 7.2 Time Limitations The Presiding Officer has the full prerogative to maintain meeting order and decorum as provided in Section 9.1 and Article X generally. Time limits for public comments shall be three minutes per speaker. The Legislative Body may modify the time limits to accommodate a lengthy agenda or allow additional time for discussion on a complicated matter. 7.3 Sneaker Cards and Procedures (a) Any member of the public desiring to address the Legislative Body must stand at the podium and wait to be recognized by the Presiding Officer. Upon being recognized, each speaker must identify the subject or subjects (whether agenized or not) upon 'which she or he intends to speak, and state his or her name, but shall not be required to give any information as a condition of speaking. All remarks and questions shall be addressed to the Presiding Officer and not to any individual Legislative Body member, the audience, staff member or other person. -13- 01 135/0001 \ 145204.03 (b) At the close of the speaker's comments, or the close of the period for public comment the Presiding Officer may ask staff to respond to the speaker's comments. Thereafter, the Presiding Officer may refer the matter to staff for investigation and/or response; or request that the matter be placed on an agenda for a subsequent meeting for action by the Legislative Body. 7.4 Reserved 7.5 Additional Procedures for Public Comment on Agenda Items (a) Members of the public shall have the opportunity to address the Legislative Body on each and every item listed on the agenda. Public comments on an agenda item may be heard during Public Comment period at the start of the meeting. (b) The purpose of the public comment period is to receive input from the public, not to create a debate between the Members and the public. Members should generally refrain from debating members of the public during the period for public comment, but if Members desire to clarify comments by members of the public, they may ask factual questions, and if necessary, should do so during the public comment period. (c) The Presiding Officer should clearly open and close the public comment period. After the close of the public comment period or after a motion has been made, no member of the public shall address the Legislative Body. ARTICLE VIII— NOTICED PUBLIC HEARINGS 8.1 Public Hearings; Notice; Fairness (a) Matters noticed to be heard by the Legislative Body shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made. (b) Legislative Body members shall not overtly or implicitly promise a particular action by City staff or by any Legislative Body. Where a Legislative Body member is contacted about an issue that will be presented to any Legislative Body of the City, it is appropriate to give a brief overview of City policy, to refer to City staff for further information, or to suggest that the concern be brought to the whole Council at the hearing or Council meeting, as appropriate. (c) All public hearing notices shall be issued and published in compliance with any statutory notice requirements applicable to the particular hearing at issue and such notice shall inform interested persons of the Statute of Limitations to challenge the validity of any action taken by the Legislative Body on such matter. (d) In all matters before a Legislative Body, whether public hearing or otherwise, the Body must judge the matter fairly and without personal bias. Although every -14- 01 13510001 \ 145204.03 Legislative Body member has a right to their own personal opinions, Legislative Body members should by their demeanor show an ability to listen to a variety of viewpoints and demonstrate a reasonable willingness to consider all sides of an issue before them. For quasi adjudicative matters involving public hearings, the members of the Legislative Body shall not prejudice the matter prior to the public hearing, shall be fair and impartial, and shall decide the matter based upon the evidence and the statutorily required findings. For such matters, Legislative Body members should avoid expressing an opinion or divulging their thought process until after the public hearing has been closed and brought back to Council for discussion. 8.2 Continuance of Hearings (a) Any hearing being held or noticed or ordered to be held by the Legislative Body may, by order or, notice of continuance, be continued or re -continued to any subsequent meeting in the manner provided for adjourned meetings. (b) When it is the decision of the Legislative Body to continue an item which appears on the agenda, prior to hearing any report, testimony or taking evidence on the item, the Legislative Body may make such intent known at the beginning of the meeting. At that time the public shall be offered the opportunity to speak regarding the intent to continue the item. At the time regularly scheduled for the hearing of the item, the Legislative Body shall then take action to continue the item after again informing the public of the intent to continue the matter. No testimony or evidence shall be taken at that time unless the speaker will not be available at the continued hearing date. (c) When the Legislative Body has continued the public hearing on an item after its commencement, persons testifying at the first public hearing shall be permitted to again address the Legislative Body on the item at the renewed hearing subject to the finding of the Presiding Officer that the testimony is redundant. Upon such finding the time allotted for testimony by the individual may be summarily reduced. (d) Continuances of a public hearing to a date certain need not be re -noticed unless (i) the hearing has not been continued to a date certain, or (ii) has been continued three or more times and the Presiding Officer believes confusion may be created as to the time of the hearing. 8.3 Conduct of Hearings (a) When a matter for public hearing comes before the Legislative Body, the Presiding Officer shall request that staff present the staff report and any other relevant evidence, but the presentation of the staff report prior to the formal opening of the public hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing. The Presiding Officer shall permit members of the Legislative Body to ask questions of staff, but should prevent expressions of opinion by members of the Legislative Body before the conduct of the hearing. (b) The Presiding Officer shall thereafter open the public hearing and inquire if there are any persons present who desire to address the Legislative Body on the matter. Any person desiring to speak or present evidence upon being recognized, may speak or present -15- 01135/0001\145204.03 evidence relevant to the matter being heard. Generally the Presiding Officer should allow speakers in favor of the matter, then those opposed, and then rebuttal. Any testimony shall be truthful. (c) Members of the Legislative Body who wish to ask questions of the speakers, during the public hearing portion, may do so but should be mindful that the purpose of the public hearing is to obtain testimony and evidence from the speakers, and not to debate the merits of the matter with speakers. Members should avoid debate and expressions of personal opinion until after the close of the public hearing. Unlike public comment periods, generally there should be no response to speaker comments until after the close of the hearing. The Presiding Officer shall conduct the hearing in such a manner as to afford due process to all affected persons. (d) All persons interested in the matter being heard by the Legislative Body shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the Clerk/Secretary as part of the record. Each speaker may only speak once during the public hearing unless the Legislative Body requests additional clarification, answers or rebuttal later in the process. (e) Upon closing of the public hearing by the Presiding Officer, no additional public testimony shall be solicited or received by the Legislative Body without reopening the public hearing. If, however, the Legislative Body receives relevant new evidence after the close of the public hearing and such new evidence may impact the Legislative Body motion or vote, the Legislative Body may re -open the public hearing to obtain public comments upon such new evidence. (f) The Presiding Officer has the prerogative to establish special rules, such as to require group spokesmen, to limit the number of speakers to limit the total time for testimony to allow speakers to give time to others, or otherwise control the hearing, provided that (i) speakers are treated fairly and uniformly, and that (ii) any such special rules are announced in advance of their application. The Presiding Officer always retains the prerogative to cut-off speakers who are unduly repetitious, and to permit the extension of time to speakers. 8.4 Extra -Meeting Contacts on Matters Set for Public Hearing (a) Legislative Body members should minimize their contacts with developers, applicants, or other persons who will be the subject of a quasi -adjudicative public hearing matter to be heard before the Legislative Body. Legislative Body members should avoid extra -meeting contacts with persons who will be the subject of a public hearing before the Body or with advocacy groups or special interests. (b) If a Legislative Body member is contacted directly by 6uch person outside the meeting setting, the member shall refrain from expressing any viewpoints or thought processes to the person until after the public hearing. The Legislative Body member may explain that they are unable to express any viewpoint on the matter until all evidence has been heard in the course of a public hearing and should encourage any such person to present their position in writing or orally at the public hearing. -16- 01135/0001\145204.03 (c) At the commencement of the public hearing, the Legislative Body member must disclose publicly any extra -meeting contacts or discussions had which may be relevant to the decision. (d) The limitations set forth in this Section shall not be read as preventing a Legislative Body member from inspecting a site that will be relevant to a public hearing, although such sight inspection should be disclosed on the record at the beginning of the public hearing. ARTICLE IX - OFFICERS 9.1 Presiding Officer 1 (a) The meeting shall be presided over and chaired by the Presiding Officer, or, in the Presiding Officer's absence, the Vice Chair. The Presiding Officer shall have the authority to rule any speaker out of order, including speakers during the public comment period if the subject raised is not within the subject matter jurisdiction of the Legislative Body, or during a public hearing if the speaker is not presenting testimony or evidence relevant to the matter which is the subject of the public hearing. The Presiding Officer shall have the responsibility for the conduct of meetings in an orderly manner and to prevent the obstruction of business, and in carrying out this responsibility shall have the authority to give the floor to any member of the Legislative Body or public by recognizing them, to prevent the misuse of legitimate forms of motions or privileges, to take matters up out of order, to caution speakers as to disruptive behavior, and to order any persons willfully interrupting the meeting to be removed from the room, including as provided in Article X. (b) The Vice Chair shall generally take the place of the Presiding Officer in the absence of the Presiding Officer. The Legislative Body shall designate one of its members as Vice Chair. In the absence of the Vice Chair, the Legislative Body may call any other member to take his or her place as Presiding Officer, such substitution not to continue beyond adjournment. (c) Any determination made by the Presiding Officer may be appealed by the making of a Motion to Appeal the Ruling by any other member of the Legislative Body. The Presiding Officer's determination will stand unless a majority of the Legislative Body members vote in favor of the Motion to Appeal the Ruling, in which case the ruling of the Presiding Officer will be overridden. The Motion to Appeal the Ruling is governed by the Chart of Motions attached as Exhibit A. 9.2 Renresentation of Legislative Bod (a) The Mayor is the designated representative of the City and the City Council for purposes of presenting and expressing the official City position on an issue. If individual members of the Council or other Legislative Bodies are contacted by the media for a statement of official City position, the member should refer such inquiries to the Mayor. Otherwise public or media statements by a Legislative Body member should be clearly characterized as comments upon a personal viewpoint. -17- 01 135/0001\ 145204.03 (b) Members of the City Council may use official City letterhead to correspond with other public officials and with consultants but any such correspondence shall state that the views expressed therein are personal and not the position of the City unless the City Council has officially adopted such position. No commission or Sub -Legislative Body may take a position officially representing the City unless authorized to do so by the City Council. 9.3 Email Policy (a) Members of .the Legislative Body are provided with City email accounts which may be utilized for the conduct of City business, including communications with constituents. Members should be aware that all such communications may be subject to the Public Records Act. (Govt. Code § 6200.) . (b) Members of the Legislative Body are subject to the Brown Act in the use of email. Email communications may not be used to develop a collective consensus or decision on any matter. Email communications to the entire Body should be avoided. but may be permitted to provide factual information, for example such as arranging an event, where no discussion or exchange of opinions on a matter within the jurisdiction of the Legislative Body is initiated or occurs. 9.4 Clerk/Secretary The Clerk/Secretary or his/her deputy shall attend all meetings of the Legislative Body unless excused, and shall keep the official minutes and perform such other duties as may be requested by the Legislative Body. (Bell City Charter § 704.) 9.5 City Manager The City Manager, or designee, shall attend all meetings of the Legislative Body unless excused. The City Manager may make recommendations to the Legislative Body and shall have the right to take part in all discussions of the Legislative Body, but shall have no vote. The City Manager, shall provide the Legislative Body with a staff report providing sufficient information to be the basis for any action by the Legislative Body at its meeting. Any officer or employee of the City, when directed by the City Manager, shall attend any meeting of the Legislative Body and may present information relating to matters before the Legislative Body. (Bell City Charter §§ 604 and 605.) 9.6 General Counsel (a) The General Counsel, or deputy, shall attend all meetings of the City Council unless excused and shall upon request of any member give an opinion, either written or oral, on questions of law. The General Counsel, or deputy, shall attend all meetings of such other Legislative Bodies as directed by the City Council or City Manager. The General Counsel serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. Final rulings on parliamentary procedure are made by the Presiding Officer, subject to the appeal to the Legislative Body pursuant to Section 10.1 (c), below. All ordinances and resolutions and all contracts, deeds, easements or other legal instruments shall be approved as to form and legality by General Counsel. In any case of -18- 01135/0001\145204.03 ambiguity or uncertainty in the interpretation or application of this Manual to any procedure, the Presiding Officer may direct such question to the General Counsel for a ruling. (Bell City Charter § 703.) (b) Any member of the Legislative Body may request from the General Counsel a legal opinion regarding any matter related to the interests of the City. Where a legal opinion involves substantial cost, the request for the opinion must first be approved by the City Manager or by a majority of the Legislative Body. The General Counsel is the legal representative of the City acting through its Legislative Body. There is a continuing legal question as to whether the General Counsel may have an attorney -client relationship with any individual member of the Legislative Body or the City staff. As a consequence any discussion with the General Counsel which leads to the conclusion that the interests of the City are at risk must be revealed to all relevant members of the Legislative Body and the City staff by the General Counsel. The General Counsel shall not have an attorney -client relationship with individual Councilmerribers. The General Counsel is required to maintain the confidentiality of such communications from persons outside the City to the extent required or permitted by law and the code of ethics. (c) The General Counsel has no statutory duty or authority under the Political Reform Act to provide Political Reform Act advice to any Legislative Body member but should provide advice to members when requested. However, a Legislative Body member may not rely on advice from the General Counsel to provide him or her with immunity from FPPC enforcement or prosecution. Such immunity may be obtained only through a written advice letter obtained from the FPPC, on the question in issue, by the Legislative Body member. A Legislative Body member enjoys no privilege of attorney -client confidentiality in reviewing these matters with General Counsel. Any advice given to an individual member of a Legislative Body cannot be withheld from the rest of the City or Legislative Body. If, after receipt of an opinion of the General Counsel, the Legislative Body member wishes to participate in the decision making process with immunity from prosecution or enforcement, the General Counsel shall assist the Legislative Body member in making direct contact with the FPPC for informal or formal advice upon which the Legislative Body member can rely. (d) [This Section Applicable to City Council Only]. It often happens that other jurisdictions or the League of California Cities or other regional or statewide association will ask the City to participate in the filing of a letter or brief before a court in a matter deemed to be of concern to all or a great many cities. These "friend of the court" or "amicus" briefs have the effect of informing the court how widespread will be its opinion and how that opinion will affect cities. Such participation is normally without direct cost to the City. In considering whether to direct General Counsel to file an amicus brief, the City Council shall consider whether such brief would represent or propose a position that conflicts with, or causes strife amongst, other City -related interests such as, without limitation, the interests of employee organizations, law enforcement or public safety. (i) Upon receipt of the request, the General Counsel shall make the request available through the City Manager to the Council. Upon a determination by any Council Member that there is an interest in participating in the action in the manner proposed, the Council Member shall inform the City Manager or General Counsel who shall place the -19- 01135/0001\145204.03 matter as an item for discussion in closed session on the agenda of the next Legislative Body meeting. General Counsel may otherwise place an amicus request on the agenda on his or her initiative. (ii) In lieu of the foregoing process, where there is urgency to the matter, General Counsel is authorized to undertake the filing of the letter or brief where (i) in the opinion of General Counsel the legal matter significantly affects the interests of the City, (ii) the General Counsel has consulted with and received the approval of the City Manager, (iii) the cost to the City will not exceed $5000, and (iv) the General Counsel makes a written report of the action to the Legislative Body. (iii) Approval given to General Counsel to defend, or seek or refrain from seeking, appellate review or relief, or to enter as an amicus curiae in' any form of litigation as the result of a closed session consultation shall be reported in open session at the public meeting during which the closed session is held. The report shall identify; if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agency's ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. (e) The Legislative Body shall have control of the goals and objectives of any litigation involving the City, but the General Counsel shall have the discretion and authority over litigation strategy and tactics, and be able to take action on routine or procedural matters such as stipulating to reasonable time extensions, executing tolling agreements, and conducting discovery. 9.7 Conflicts of Interest All Legislative Body members are subject to the provisions of California Law, such as Chapter 1, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Legislative Body. Any Legislative Body member prevented from voting because of a conflict of interest shall refrain from in any way participating in the matter giving rise to the conflict. Where abstention from a matter is made on the basis of a conflict of interest arising from a financial interest in the decision, the Legislative Body member shall announce their abstention from the matter when it is first opened, and then shall set forth the reason for the abstention with the degree of specificity at least equal to the disclosure of the Legislative Body member's financial interests on the Legislative Body member's annual statement of financial interests; immediately after such announcements, the Legislative Body member shall leave the room. The Legislative 136dy member shall not overhear the staff report, participate in the discussion or deliberations and shall not otherwise make or participate in making the decision or in any way attempt to use his or her official position to influence the decision. This shall not prevent the conflicted Legislative Body member from coming before the Legislative Body solely during the public comment period as an affected citizen to state his/her opinion on how the matter impacts their disqualifying interests. Reserved -20- 01 135/0001 \ 145204.03 9.8 No Financial Interest in Contracts A member of a Legislative Body shall not have a financial interest in a contract within the meaning of (Gov't Code §1090 et seq.) made in their official capacity and such contract shall be null and void whether the member participates in the making of the contract or not. 9.9 Ethical Standards A rnember of a Legislative Body shall maintain the highest ethical standards -and shall adhere to all laws and the ordinances and regulations of the City in carrying out their duties. ARTICLE X— DECORUM AND ORDER 10.1 Decorum and Order— Legislative Body Members (a) - Any member of the Legislative Body wishing to speak, or any member of the public wishing to address the Legislative Body must first obtain the floor by being recognized by the Presiding Officer. The Presiding Officer must recognize any member of the Legislative Body who seeks the floor when appropriately entitled to address the Legislative Body. The Legislative Body member shall confine himself or herself to the question under debate. (b) Any member of the Legislative Body, including the Presiding Officer, may bring a matter of business properly before the Legislative Body for decision by making a motion. Any Legislative Body member, including the Presiding Officer, except the Legislative Body member making the motion, may second a motion. Once a motion is seconded, it may be opened for discussion and debate. (c) The Presiding Officer shall determine all points of order, subject to the right of any member to appeal to the majority Legislative Body. (d) A Legislative Body member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, unless a Point of Order is raised by another Legislative Body member, or unless the speaker chooses to yield to questions from another Legislative Body member. Any Legislative Body member called to order while speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed. If ruled to be not in order, the member shall comply with ruling of the Presiding Officer. (e) Legislative Body members shall accord the utmost courtesy to each other, to City or Legislative Body employees, and to the public appearing before the Legislative Body and shall refrain at all times from rude and derogatory remarks, reflectigns as to integrity, abusive comments and statements as to motives and personalities, which disrupt, disturb or otherwise impede the orderly conduct of the Legislative Body meeting. (f) Any Legislative Body member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Legislative Body shall require the member to so act. -21- 01135/0001\145204.03 (g) The members of the Legislative Body shall not engage in communications between themselves during the Legislative Body meeting (including breaks) regarding matters being considered on the agenda unless and until the Legislative Body has opened that agenda item. In order to minimize exposure to a Brown Act violation, Legislative Body members are discouraged from discussing any City business during breaks or before and after meetings; City business may only be discussed by a quorum of Legislative Body members when it is opened as a duly -noticed agenda item. (h) The members of the Legislative Body shall always be -attentive and show respect to those addressing the Legislative Body provided that nothing shall prevent the enforcement of the rules of decorum herein. (i) No Legislative Body member attending a meeting of another City commission or committee shall make any statement or give the appearance or indicate in any way that they are representing the Legislative Body unless they have been authorized to do so by the Legislative Body. When making a comment at such a meeting, the Legislative Body member should make it clear that they are speaking solely as an individual. Unless officially appointed to participate on a committee, Legislative Body members should make an effort not to insert themselves into or take positions on matters which will ultimately be decided upon by the Legislative Body. 0) The Legislative Body may punish its own members for misconduct pursuant to Section 10.5. 10.2 Decorum and Order— Employees (a) Members of administrative staff and employees of the Legislative Body shall observe the same rules of procedure and decorum applicable to Legislative Body members. The City Manager shall ensure that all staff and employees observe such decorum. Any staff members, including the City Manager, desiring to address the Legislative Body or members of the public shall first be recognized by the Presiding Officer. All remarks shall be addressed to the Presiding Officer and not to any one individual Legislative Body member or member of the public. (b) Questions of City staff and/or requests for follow-up or additional background information should be directed only to the City Manager, General Counsel, Assistant City Manager, or Department Heads. The Office of the City Manager should be copied on any request, except those to the General Counsel. When in doubt about what staff contact is appropriate, Legislative Body members should ask the City Manger for direction. Materials supplied to a Legislative Body member in response to a request will be made available to all members of the Legislative Body so that all have equal access to information. . (c) Legislative Body members should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. -22- 01 135/0001 \ 145204.03 10.3 Decorum and Order —Public (a) Members of the public attending Legislative Body meetings shall observe the same rules of order and decorum applicable to the Legislative Body. All remarks and questions should be addressed to the Presiding Officer and not to any individual Legislative Body member, staff member or other person. (b) Any person conducting their public remarks or behavior before the Legislative Body in such a way as to actually cause disruption to the conduct of the meeting may be removed from the room by the sergeant -at -arms as directed by the Presiding Officer. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar disruptive demonstrations shall not be tolerated nor permitted by the Presiding Officer, who may direct the sergeant -at -arms to remove such offenders from the room or call a recess of the meeting whereby the Council will leave the chamber. Aggravated cases may be prosecuted on appropriate complaint signed by the Presiding Officer. (c) Members of the public shall be allowed to video or audio record a public meeting unless such recording becomes an actual and unreasonable disruption to the Legislative Body's ability to carry -out the meeting. 10.4 Enforcement of Decorum (a) The Bell Police Chief or designee shall be ex-officio sergeant -at -arms of the Legislative Body. He shall carry out all orders and instructions given him by the Presiding Officer for the purpose of maintaining order and decorum in the Legislative Body meeting. Upon instructions from the Presiding Officer, it shall be the duty of the sergeant -at -arms to eject any unruly person from the Legislative Body meeting chamber or place him or her under arrest or both for conduct actually disrupting to the Legislative Body proceedings. Such person may be barred from further participation in the meeting. (b) Generally, if the Presiding Officer intends to eject a person for disruption of a meeting, a public warning should be issued. Examples of remarks or behavior that cause actual disruption of the Legislative Body proceedings include: (i) Unauthorized remarks from the audience, stamping of feet , whistles, yells, outbursts, catcalls, cursing, applause, offensive or obscene gestures or similar demonstrations which disrupt, disturb or otherwise impede the Legislative Body proceedings (ii) Interrupting speakers or speaking when not recognized (iii) Calling members of the audience names or threatening them (iv)'- Extended discussion of matters beyond the jurisdiction of the Legislative Body (v) Physical threats to any person (vi) Shouting into the microphone (vii) Dumping objects on the floor of the chamber where the proceeding is held for symbolic or other reasons (viii) Speaking beyond the time limits -23- 01135/0001\145204.03 (ix) Being unduly repetitious (c) Examples of non -disruptive conduct include: (i) Silent gestures by members of the audience, such as a thumbs up or thumbs down or Nazi salute that are not otherwise disruptive of the meeting (ii) Catcalls or booing during a time allowed for applause that does not otherwise disrupt the meeting (iii) Criticisms of public officials or staff during a time reserved for public comment that does not otherwise violate Council procedures and does not disrupt the meeting (d) As set forth in Government Code § 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting infeasible and order cannot be restored by the removal of individuals who. are willfully interrupting the meeting, the Legislative Body members may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the Legislative Body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 10.5 Censure of Legislative Body Members (a) It shall be a violation of this section for any sitting member of a Legislative Body to violate any general law or regulation or ethical standard, and any, rule, law, ordinance or resolution of the City of Bell. It shall also be a violation of this section for any sitting member of a Legislative Body to violate an administrative policy of the City which has been adopted following a vote of the Legislative Body or the City Council on the matter and which by its terms is expressly made applicable to the Legislative Body. (b) Any violation of the foregoing paragraph by a Legislative Body member may be punished through the administration of a public censure of the member by the member's Legislative Body. Such censure may be in addition to any other punishment applicable to the violation. For purposes of this section, "censure" shall mean the adoption of a motion setting forth a statement of disapproval of a Legislative Body member's conduct. (c) When evaluating a request for defense or indemnification made by the censured member in litigation arising from the censured conduct, the record of the censure shall be considered by the Legislative Body. Such record shall not be determinative. Failure of the Legislative Body to censure the conduct of a member does not constitute waiver of the Body's right to refuse to indemnify or defend the member in an action. (d) A Legislative Body member may not be made the subject of a motion for censure without first being given notice of the violation and an opportunity to correct the -24- 01135/00011145204.03 violation, if it can reasonably be corrected. Upon a continued violation or failure to correct, the charged member shall be given notice and an opportunity to be heard as follows: (i) Only a sitting member of the Legislative Body whose member commits the violation may initiate proceedings for the censure of one of its members. (ii) Proceedings shall be commenced by the presentation of a written statement of charges to the subject Legislative Body member with a.copy delivered concurrently to the Clerk/Secretary by the member initiating the charge. Initiation shall not require the prior approval of the Legislative Body. The statement of charges shall be given at least ten days prior to the meeting at which the censure motion is proposed to be brought. The notice shall contain, at a minimum, the designation of the specific rule, law regulation, etc. which the member is Claimed to have violated and a statement of the date, place; and time at which the violation occurred. The statement shall further contain a description of the conduct of the member which is alleged to constitute the violation. The statement of charges shall be delivered to all other Legislative Body persons. (iii) Within seven (7) days after delivery of the statement of charges, the charged member should deliver a written response to the other members of the Legislative Body unless the charged member chooses to defer to response to the hearing. (e) The motion for censure shall be agendized and considered at the first regular meeting occurring 10 days following the delivery of the statement of changes to the member and Clerk/Secretary. The hearing may not be continued except upon the absence from the meeting of a member of the Legislative Body other than the member bringing the charge or the member who is the subject of the charge. (i) The hearing shall be conducted in an open session by the Presiding Officer unless the Presiding Officer is a party to the action, in which case the Vice Chair or some other member shall conduct the proceedings. (ii) The hearing shall generally proceed by a reading of the charges by the charging member. The charging member may present witnesses; the charged member may answer in rebuttal; members of the public may speak in favor or opposed to the charge; and the remaining members may speak to the charges in that order. (iii) Passage of the motion for censure shall require a majority vote of the members of the total Legislative Body. The voting members shall not recess to closed session for deliberation. (f) If the motion for censure does not pass, the proceedings shall be at an end. =A new motion for censure on the same grounds of violation may not thereafter be commenced against the same Legislative Body member for a period of 1 calendar year from date of the vote. However, new proceedings may be commenced on the same charges within the 1 year period on the vote of 4 members of the Legislative Body. (g) If the motion for censure does pass, such motion shall become a part of the public record a copy of which shall be made available upon demand to any member of the -25- 01135/0001\145204.03 public, subject to the City's Uniform Schedule of Fees, and notice of same shall be placed in the administrative file of the Legislative Body member. (h) Either with or without the formal process of Censure, the Legislative Body may impose sanctions on its members whose conduct does not comply with these procedures, including loss of seniority or committee assignments, and may remove members from any committee, commission, agency or authority to which they have been appointed as a member of the Legislative Body. 10.6 Persons Authorized To Be Within Platform/Dais No person except Legislative Body officials or authorized Legislative Body staff shall be permitted behind the Legislative Body dais without permission or consent of the Presiding Officer. 10.7 Personal Privilege If a Legislative Body member is personally offended by the remarks of another member, the offended Legislative Body member should make notes of the actual words used and call for a "point of personal privilege" that challenges the other member to justify or apologize for the language used. The Presiding Officer will maintain control of this discussion. The right of a member to address the Legislative Body on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. ARTICLE XI — PARLIMENTARY PROCUEDRES 11.1 Procedures In Absence Of Rules (a) Unless otherwise specified in this Manual or by ordinance or resolution, meetings of the Legislative Body shall be conducted in accordance with the most recently revised edition of Robert's Rules of Order. In the event of any conflict between Robert's Rules and this Manual, the provisions of this Manual shall govern. (b) Any provision of these rules not governed by the Government Code may be temporarily suspended by a two-thirds vote of all members of the Legislative Body. Such suspension may be moved at any time by a member. The vote on any such suspension shall be taken by yeas or nays and entered upon the record. (c) Motions, motion procedures and precedence of motions shall be conducted in accordance with Exhibit "A" hereto. 11.2 Voting (a) After a full opportunity for debate if it appears that there is a consensus of opinion among the members of the Legislative Body on the matter to be voted upon, the Presiding Officer may state the consensus of the Legislative Body and ask if there is any objection. If there is no objection, the consensus as so stated shall become the order of the -26- 01 135/0001\ 145204.03 Legislative Body. The Presiding Officer may also determine that a consensus exists following a call for a vote by any member of the Legislative Body by a Motion to Call the Question. (b) Except as in Subsection (a) above, otherwise, all votes of the Legislative Body shall be taken by electronic vote. In the event the electronic voting machine is not functioning or otherwise unavailable, vote shall be by roll call vote. The order voting shall be alphabetical with the Presiding Officer voting last. The Clerk/Secretary shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond `aye', `no' or `abstain.' After every vote the Legislative Body shall declare the result and, on all but consensus votes, shall note for the record the number of votes for or against the question. The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the Legislative Body. 11.3 Votes Needed (a) Usually, in the absence of a contrary statutory provision (such as urgency measures), a majority of a quorum which constitutes a simple majority of the Legislative Body may act for that body. However, resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of a Legislative Body. (b) State law may dictate certain instances in which the number of votes required is greater than a majority of all Legislative Body members. As a matter of convenience, questions on which the voting requirement is varied by the State statutes and these rules, include, without limitation, the following: (i) Levying Taxes - Ordinances providing for the Assessment and collection of taxes require the approval of two-thirds of the members of the whole Council. (ii) Assessment - Assessments require a two-thirds vote of the members of the whole Council. (iii) Bonds and Certificates of Participation - Authorizing these financial instruments the issuing requires a two-thirds vote of the members of the whole Council. (iv) Eminent Domain - The exercise of Eminent Domain requires a two-thirds vote of the members of the whole Council. (v) Certain Parliamentary Motions — Motions requiring a supermajority vote are noted in the Motions Chart attached hereto. (c) Any official with a conflict of interest is not -counted for purposes of establishing a quorum, and must not vote on, make, participate in any way in, or attempt to influence the decision. A Legislative Body member abstaining on any other grounds than a conflict under the Political Reform Act shall be counted as present for purposes of a quorum and such abstentions are counted with the majority. The Legislative Body member who leaves the -27- 01135/0001\145204.03 dais solely to avoid participating in a specific item shall, in absence of a conflict, be counted as if they were present but abstaining and such abstentions are also counted with the majority. 11.4 Reconsider Any Legislative Body member who voted with the majority may move to reconsider any action at the same meeting or, within sixty (60) calendar days, request in writing to the Clerk/Secretary that it be agendized for consideration at the following meeting, provided that reconsideration shall not be permitted where a party other than the City has acted in reliance on the Legislative Body's action and would be substantially prejudiced by such reconsideration. The Clerk shall apprise the City Attorney of any facts constituting substantial prejudice and may rely upon the determination of the City Attorney. In the event that the subject of the reconsideration is a motion that failed as the result of a tie vote, any Legislative Body member who voted against the earlier motion may move for reconsideration at the following meeting. The member seeking reconsideration must have the matter agendized unless the motion will be made at the same meeting where the original action was taken. If. the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Legislative Body. 11.5 Tie Votes Tie Votes shall be lost motions unless an additional Motion is made which obtains a majority vote to break the tie. When all Legislative Body members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal. In such case the findings in support of the decision shall be those of the lower body. If a tie vote results at a time when less than all members of the Legislative Body are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Legislative Body, unless otherwise ordered by the Legislative Body. 11.6 Abstentions Members of the Legislative Body are discouraged from abstaining from a vote for reasons other than a legally -disqualifying, financial conflicts of interest. However, if a member chooses to abstain from voting as a result of what he/she perceives as a personal or non -financial conflict of interest, the member may do so after stating for the record the nature of the perceived conflict. In the event of such a perceived conflict (as opposed to a legally -disqualifying conflict), the member is not required to leave the dais. (a) A Legislative Body member shall generally express their positions on all matters except those where they are required to abstain due to legally recognized conflict of interest. (b) A Legislative Body member who has appealed the action of any person or body of the City on a matter which does not constitute a conflict of interest for the member under any law, may participate in the hearing on the appeal, unless there is clear and convincing evidence that such member is not objective or the member feels that they are unable to remain -28- 01135/000IN5204.03 neutral, or as may be otherwise advised by the General Counsel. Notwithstanding any contrary provisions herein, in bringing an appeal, the Legislative Body member need not give reasons for making the appeal. (c) A Legislative Body member may abstain from action on a matter where, in the member's opinion, there might be a public perception that participation in the discussion or decision would be inappropriate even though the member has no disqualifying financial interest within the meaning of FPPC rules and regulations. 11.7 Votes Of Members Previously Absent (a) A Legislative Body member who was not present at a meeting should generally not vote on the approval of minutes for that meeting, but the voting on such minutes shall have no effect on the validity of the minutes. (b) A Legislative Body member may vote on a continued item after an absence from the earlier public hearing of the matter if, prior to the vote, the member affirms on the record that they have familiarized themselves with the record of the earlier meeting and are prepared to vote on the issue. If the member shall abstain from the vote, the member shall be counted towards the quorum on the issue and the abstention shall be counted with the vote of the majority of the quorum. (c) The forgoing shall not apply to the matter of a vote on the minutes of a meeting at which the member was not in attendance. In that instance, the member abstaining on the grounds of non-attendance at the meeting to which the minutes pertain shall not be counted towards the quorum on the issue and the abstention shall not be counted with the votes of the majority of the quorum. 11.8 Anneals by Members of Legislative Body Except where otherwise provided by ordinance, a member of the Legislative Body shall be deemed an interested person in any matter by a subordinate body and shall have standing to appeal to the Legislative Body any decision by a Sub -Legislative Body, or any determination made by any official of City by filing a written appeal. The appeal shall not state any grounds for the appeal and the resulting hearing shall be de novo. The appeal must be filed within 10 days of the making of the decision being appealed and shall be filed with the Clerk/Secretary who shall give written notice to the applicant, and provide written notice to other persons as required for the original action. The hearing shall be held at the first regular meeting of the Council for which notice can be legally given. No appeal fee shall be required to be paid for such appeals. 11.9 Findings and Decisions Decisions of a Legislative Body, when acting as a quasi adjudicative body (public hearings) should be framed in terms of "findings" of fact, potentially relevant conclusions of law, and ultimate decisions showing the basis for the decision and the nexus between the findings, the conclusions and the decision. The Legislative Body members must consider any legally- -29- 01 135/0001\145204.03 mandated findings applicable to a matter and consider the evidence presented to them in light of such findings in making their decisions. ARTICLE XII- PROCEDURES FOR CONSIDERATION OF DEMANDS FOR CORRECTIVE ACTION 12.1 Requirement of Written Demand Prior.to any person commencing a judicial action for injunction or mandamus to declare any action taken by the Legislative Body void because of failure to observe Brown Act requirements, such person must first serve upon the Clerk/Secretary a written demand clearly describing the challenged action, the nature of the claimed violation, and the corrective action sought. Such demand must be served upon the Clerk/Secretary within ninety (90) days of the; alleged violation or thirty (30) days if the action was taken in open session but in violation of § 54952.2 of the Government Code. Failure to serve any such demand within this thirty (30) day period shall result in the loss of any right to challenge any action alleged to have been taken in violation of §§ 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 of the Government Code. If the written demand is timely served, the Legislative Body has up to thirty (30) days to cure and correct its action. If the Legislative Body does not act, any lawsuit must be filed within the next fifteen (15) days. 12.2 Consideration of Corrective Action Upon receipt of such a demand, consideration of the demand shall immediately be placed on the agenda for the next meeting of the Legislative Body. If the demand is received less than 72 hours prior to the time set for the next meeting, the Legislative Body may determine that the notice constitutes the initiation of litigation, and that the need to take action on the threatened litigation arose subsequent to the posting of the agenda, and may consider it at that meeting pursuant to Section 5.9, above. A description of any item so placed on the agenda shall include both consideration of the demand, and the possibility of corrective action by the Legislative Body. In considering such demands, the Legislative Body shall first determine by motion whether to reconsider the prior action. The motion to reconsider shall be in order as long as made by a party on the prevailing side. If no motion to reconsider is carried the Clerk/Secretary shall inform the demanding party in writing of the Legislative Body's decision not to cure or correct the challenged action. (See, § 11.4 hereof.) 12.3 Implementina Corrective Action If a motion to reconsider passes, the Presiding Officer may entertain a motion to take corrective action. Any motion taking corrective action shall address the concerns raised in the consideration of corrective action. The motion taking corrective action may include a motion to rescind prior action taken, as appropriate. Passage of a motion to rescind invalidates prior action only as of the time of the passage of the motion, and not from the date of the initial action. A motion implementing corrective action resulting from a written demand is out of order if the action complained of. (i) was in connection with the sale or issuance of notes, bonds, or other -30- 01 135/0001\145204.03 evidences of indebtedness, or any contract, agreement, or incident thereto; (ii) gave rise to a contractual obligation upon which a party has, in good faith, detrimentally relied; or (iii) was taken in connection with the collection of any tax. In any event, the Legislative Body shall notify the party making the demand in writing of its decision to take corrective action, and shall describe any corrective action taken. This notice shall be given to the demanding party as soon as possible after the meeting, but in no event more than 30 days after receipt of the demand. ARTICLE XIII — MISCELLANOUS 13.1 Interpretation This Manual shall be liberally construed to effectuate its purpose and no ordinance, resolution, proceeding or other action of the Legislative Body shall be invalidated or the legality thereof otherwise affected by the failure or omission of the Legislative Body to technically comply with, observe or follow the within rules. The City Council may, by resolution, adopt further rules of interpretation or practice. 13.2 Amendments This Manual may be amended from time to time as necessary by resolution passed by a majority vote of the City Council at any regular or special meeting, provided that no such amendment shall be adopted unless at least seven days' written notice thereof has been previously given to all Legislative Body members serving the City. Such notice shall identify the section or sections of the Manual proposed to be amended. 13.3 Power to Issue Subpoenas The Legislative Body may issue subpoenas requiring attendance of witnesses or production of books or other document for evidence or testimony any action or proceeding pending before it. (Gov't Code § 37104.) Subpoenas shall be signed by the Presiding Officer and attested by the Clerk. They may be served as subpoenas are in civil actions. [END] -31- 01135/0001\145204.03 s uu9h4s, ms CITY OF STERLING HEIGHTS GOVERNING BODY RULES OF PROCEDURE Sterling Heights City Council Adopted: April 5, 1994 First Amendment: September 20, 1994 Second Amendment: June 20, 1995 Third Amendment: December 19, 1995 Fourth Amendment: March 5, 1996 Fifth Amendment: April 4, 2000 Sixth Amendment: December 6, 2005 Seventh Amendment: February 15, 2011 Eighth Amendment: June 5, 2012 Ninth Amendment: August 21, 2012 Tenth Amendment: September 18, 2012 Eleventh Amendment August 6, 2014 Twelfth Amendment March 7, 2017 Thirteenth Amendment July 18, 2017 CITY OF STERLING HEIGHTS GOVERNING BODY RULES OF PROCEDURE TABLE OF CONTENTS Rule 1. ORGANIZATION 1 Rule 2. REGULAR MEETINGS 1 Rule 3. SPECIAL MEETINGS 1 Rule 4. MEETINGS OF THE COUNSEL TO BE PUBLIC 1 Rule 5. CITIZEN COMMUNICATION 1 Rule 6. ADJOURNMENTS AND RECESS 2 Rule 7. AGENDA - REGULAR MEETINGS 3 Rule 8. AGENDA - SPECIAL MEETINGS 5 Rule 9. PRECEDENCE OF MOTIONS 5 Rule 10. DIVISION OF THE QUESTION 6 Rule 11. WITHDRAWAL OF A MOTION 6 Rule 12. VARYING ORDER OF PROCEDURE 6 Rule 13. POINTS OF ORDER 6 Rule 14. QUORUM 6 Rule 15. AUTOMATIC POSTPONEMENT 6 Rule 16. POSTPONEMENTS 7 Rule 17. TIE VOTE 7 Rule 18. RECONSIDERATION 7 Rule 19. RESCISSION OR REPEAL 7 Rule 20. VOTING 7 Rule 21. APPEAL FROM RULING OF THE CHAIR 8 Rule 22. COMPLAINTS AND SUGGESTIONS TO COUNSEL 8 Rule 23. COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS, OR COMMITTEES 8 Rule 24. VIDEO MEDIA - ARTIFICIAL ILLUMINATION 9 Rule 25. COUNCIL TRAVEL 9 Rule 26. PARLIAMENTARY AUTHORITY 9 Rule 27. ELECTRONIC COMMUNICATION 9 Rule 28. INDEMNIFICATION AND DEFENSE OF COUNCIL MEMBERS 9 Rule 29. ETHICAL PRINCIPLES 10 Rule 30. SUSPENSION AND AMENDMENT OF RULES 10 RULE 1. ORGANIZATION The City Council is the governing body of the City and consists of the Mayor and six Council members who are elected at large. The Council candidate receiving the highest number of votes at each regular City election shall serve as Mayor Pro Tern for a term expiring at the second regular meeting in November following the next regular City election. As used herein, the term Mayor shall refer to the presiding officer of the Council. The Mayor Pro Tem shall act on behalf of the City in the absence or disability of the Mayor. In the event of absence or disability of both the Mayor and Mayor Pro Tern, the Council may designate another of its members to serve as acting Mayor during such absence or disability. 1 RULE 2. REGULAR MEETINGS Regular meetings of the Council shall be held in public on the first and third Tuesdays of each month at 7:00 P.M. in the Council Chambers of the Richard J. Notte City Center; provided, however, when the first or third Tuesday of a month shall be a legal holiday or election day, then, and in that event, the regular meeting of the Council shall be held on the following day. RULE 3. SPECIAL MEETINGS Special meetings of the Council may be called by the Clerk of the Council on written request of the Mayor or any three members of the Council on twenty-four (24) hours' written notice to each member of the Council, designating the purpose of such meeting and served personally or left at his/her usual place of residence. Any special meetings of the Council shall be held in public at the Sterling Heights Civic Center or at such other place as may be designated in the notice of the special meeting. No business shall be transacted at any special meeting of the Council unless the same has been stated in the notice of such meeting. However, if all the members of the Council are present at any special meeting of the Council, then any business which might lawfully come before a regular meeting of the Council, may be transacted at such special meeting. RULE 4. MEETINGS OF THE COUNCIL TO BE PUBLIC All regular and special meetings of the Council shall be open to the public. RULE 5. ' CITIZEN COMMUNICATION A person may address the Council once on each agenda item at the time the item is considered, but prior to Council consideration, and once under "Communications from Citizens" as provided for on each agenda for regular and special meetings. The following rules shall apply when a person is addressing the Council: A. All comments shall be directed to the Chair. A person does not have the right to engage in discussion or debate with the Council or any member. B. A person may be called to order by the Chair or any Council member for failing to be germane to the business of the City, for use of vulgarity, fora personal attack on persons or institutions, or for announcing or advancing the speaker's candidacy for public office. C. A person is allowed four minutes to address the Council on each agenda item and/or under Communication from Citizens. D. Under "Communications from Citizens," a person may address the Council on issues not on the agenda. At this time, any person not a member of the Council may address the Council. E. Generally, no response shall be made by a Council member or Administration until all persons have finished addressing the Council. The Chair shall first request a response from the Administration and then Council members may comment. F. A person who is called to order for a violation of these rules shall thereupon take his/her seat until the Chair shall have determined whether he/she is in order. Every question of order shall be decided by the Chair subject to an appeal by any Council member to the Council. If a person so engaged in presentation shall be determined by the Council to be out of order that person shall not be permitted to continue to speak at the same meeting. At a special meeting of the Council, any matter brought up from citizens may be deferred to another time or referred for study and recommendation upon the request of the Chair or the majority vote of the Council present; however, if all members of the Council are present at any special meeting, then any business which might come lawfully before a regular meeting of the Council, may be transacted at such special meeting. RULE 6. ADJOURNMENTS AND RECESS The Council shall have the power to recess any regular or special meeting to a day and time certain, which recess shall not be beyond the time of the next regular meeting, and the adjourned meeting, shall be' considered as a continuation of the same regular or special meeting. Any business which would have been proper for the Council to consider at such meeting may be considered and acted upon at the recessed meeting. A two-thirds roll call vote of members elected or appointed and serving shall be required to call a closed session, except for closed sessions permitted under Section 8(a), (b), (c), (g), (i), and 0) of Act 267 of 1976. A recess of any other legal purpose may be called by the Mayor, unless a majority of the Council present objects, or a recess may be called by vote of the majority of the Council present. The discussions held in closed session and confidential material distributed in a closed session shall be held confidential by Members of the Council. The intentional dissemination of confidential information received in closed session, whether oral or written, shall constitute misconduct of office. No meeting shall be permitted to continue beyond 12:00 midnight without approval of a majority of the Council present. A new time limit must be included in the motion before taking a Council vote to extend the meeting. Items not acted on upon adjournment shall be deferred to the next regular Council meeting, unless the Council, by a majority vote of members present, determines otherwise. RULE 7. AGENDA - REGULAR- MEETINGS The City Manager, or his/her designate, shall prepare an agenda of business to be considered at each regular Council meeting. Items of business generally must be submitted by close of business at the third Friday preceding the next regular meeting in order to be placed upon the agenda of the next regular meeting, subject to the discretion of the City Manager. The Clerk of the Council, under the direction of the City Manager, shall arrange a list of such matters according to the order of business and prepare an agenda for the Council. A copy of the agenda and supporting materials shall be prepared for Council Members, the City Manager, the City Attorney, and the press on or before 5:00 PM three working days before a regular Council meeting. Council Members shall not request the City Manager to add an item to the agenda, except for ceremonial items, after the preparation of the agenda. The Council shall have the option of deleting any item from the agenda or deferring an item on the agenda to a subsequent Council meeting. The agenda of regular meetings of the City Council shall be prepared in accordance with the following format: 1. Approval of Agenda 2. Report from City Manager 3. Public Hearings (a) At any public hearing all persons who wish to be heard shall be heard. The Chair may change the order of speakers so that testimony is heard in the most logical groupings (i.e., proponents, opponents, adjacent owners, vested interests, etc.). If a member of the public is addressing the Council at a scheduled public hearing, he or she shall stand to obtain recognition by the Chair at the opening, of the hearing, or at the conclusion of the remarks of the previous speaker. (b) The Chair introduces the agenda item, opens the public hearing, and announces the following Rules of Order: (1) "All comments by proponents, opponents, or the public shall be made from the speaker's podium and any individual making comments shall first give their name and address. This is required because an official record of the public hearing is being, made." (2) "It is not necessary to be a proponent or opponent in order to speak." (3) "No comments shall be made from any other location, and anyone making 'out of order' comments may be subject to removal from the meeting." (4) "There will be no demonstrations during or at the conclusion of anyone's remarks or presentation." (5) "These rules are intended to .promote an orderly system of holding a public hearing, to give every person an opportunity to be heard, and to ensure that no individual is embarrassed by exercising his or her right of free speech." (c) The Chair closes the public hearing. 4. Ordinances - Introduction 5. Ordinances - Adoption 6. Consent Agenda (a) The consent agenda is defined as those items on the Council agenda which are considered routine by the City Manager. Special consideration items such as labor agreements and waivers of bid requirements require action as a consideration and are not to be a part of the consent agenda. The suggested action should be printed as part of the agenda, and, unless a member of the Council specifically requests that such item on the agenda be removed therefrom and Council action taken separately on said item. The consent agenda shall be considered without debate by motion and vote of the Council. Those items so approved under the heading "Consent Agenda" shall appear in the Council minutes in the adopted form. The consent agenda shall include the following items: 1. Approval of Minutes 2. Approval of Bills 3. Award of Bids 4. Setting Dates for Public Hearings 5. Setting Dates for Hearings 6. Setting Dates for Receipt of Bids 7. Proclamations ' 8. Receive New Litigation 9. Final Plat Approvals 10. Final Payment on Contracts 11. Approval of annual recurring expenditures and/or contracts to the lowest bidder meeting specifications previously approved by Council in the annual budget 12. Additional Routine Items 7. Considerations 8. Communications from Citizens (a) This item shall be taken up at 9:30 p.m. if the business portion of the agenda has not been concluded. 9. Reports from the City Administration and City Council and City Attorney 10. Unfinished Business 11. New Business 12. Closed Sessions Permitted under Act 267 of 1976 13. Adjourn If the approval of minutes are removed from the consent agenda, any proposed corrections will be suggested to the City Clerk. The approval of the minutes will be postponed to the following meeting to allow the clerk to make the proposed corrections and to resubmit the minutes to City Council for approval. RULE 8. AGENDA - SPECIAL MEETINGS The City Manager, or his/her designate, shall prepare an agenda of business to be considered at each special Council meeting. The notice of such meeting, setting forth the time, place and purpose, together with the agenda, shall be served in accordance with the City Charter upon each member of the Council. The agenda of a special Council meeting shall generally follow the same format as that provided for regular Council meetings. RULE 9. PRECEDENCE OF MOTIONS When any main motion is upon the floor and the question is under debate, no motions shall be received but the following and they shall have precedence in the following order, to wit: Not Debatable • To adjourn. • To lay on the table. • To call for the previous question. • To postpone to a date certain. Debatable • To postpone indefinitely. • To recess for a definite time. • To refer. • To amend. • To amend the resolution to amend RULE 10. DIVISION OF THE QUESTION A motion for a division of any question may be made when the question will admit of a division so distinct that if one part be taken away, the other will stand as an entire question for decision. RULE 11. WITHDRAWAL OF A MOTION A member may withdraw his/her motion at any time before it is put to a vote. RULE 12. VARYING ORDER OF PROCEDURE The Mayor may, at any time, by a majority vote of the members of the Council present permit a member to introduce an item of business out of the regular order of business. RULE 13. POINTS OF ORDER A. The Chair shall be addressed as "Mr. Mayor/Madam Mayor" or "Mr. Chairman/Madam Chairwoman". The Mayor Pro Tempore, when acting for the Mayor, shall be addressed as "Mayor Pro Tem (surname)". Members of the Council shall be addressed as "Councilmember (surname)". B. A motion may be made by saying, "Mr. Mayor/Madam Mayor, I move that, etc." or "Mr. Chairman/Madam Chairwoman, I move that, etc." C. A speaker is out of order when speaking of matters foreign to the issue. D. Rule violations must receive immediate attention from the Chair. E. It is the privilege of any member to request a roll call vote. F. On questions that are debatable, the minority has the undeniable right to deliberate. RULE 14. QUORUM The majority of the Council shall constitute a quorum for the transaction of business at all meetings of the Council, but, in the absence of a quorum, two or more members may adjourn any regular or special meeting to a later date. RULE 15. AUTOMATIC POSTPONEMENT Can any matter which requires a vote of more than the majority of the Council members present at such meeting, and upon taking the vote, the matter receives a majority of those present but less than the required number of votes, then, and in that event, the item shall be automatically postponed to the next regular meeting, of the Council. RULE 16. POSTPONEMENTS In the event a postponement is requested by the petitioner, the City Council will normally schedule all postponed items to the second regular meeting following the meeting in which a postponement was requested. Except in the most extreme circumstances, Council will take action following the first postponement and will not recognize a second postponement request. RULE 17. TIE VOTE On any matter upon which a tie vote is recorded due to the absence of a Council member, the matter shall be considered automatically postponed. On any matter upon which a tie vote is recorded because of the abstention:by a Council member, the matter shall be defeated and the tie vote is dispositive of the matter. RULE 18. RECONSIDERATION A request by a member of the Council to reconsider a vote on any question which may be reconsidered shall be in order as hereinafter set forth: A. It must be moved by one who voted with the prevailing side or by one who was absent when the vote was taken. For the purpose of this section of the Rules of Procedure, a person who is absent shall be defined as any member of the Council who was not present at the meeting at which the vote was taken, or who abstained from participating in the vote at the meeting at which time the vote was taken. B. The making of this motion is subject to time limits as follows: The motion to reconsider can be made only on the same day the vote to be reconsidered was taken or either of the next succeeding two regular meetings after the original vote was taken. RULE 19. RESCISSION OR REPEAL A motion to rescind or repeal some previous action may be made at any time at any regular or special meeting of the Council, provided, such matter has been formally placed on the agenda for consideration by action of the City Council. RULE 20. VOTING A member who is present shall vote on all questions decided by the Council except as follows: no member of the Council shall vote on any question upon which he/she has a private interest by association because of reason of employment, kinship or a financial interest other than as a citizen of the City and any member may be excused for voting on a question by the majority of the remaining members, of the Council present. RULE 21. APPEAL FROM RULING OF THE CHAIR An appeal from the ruling of the Chair, if supported, must be put to a vote of the Council. A majority vote of the members of the Council present in favor of the appeal shall overrule the Chair. RULE 22. COMPLAINTS AND SUGGESTIONS TO COUNCIL When citizen complaints or suggestions are presented to Council, other than items already on the agenda, the Chair shall first determine whether the issue is legislative or administrative in nature and then: A. : If legislative, and a complaint about the letter or intent of legislative acts or suggestions for changes to such acts, and if the Council finds such complaint suggests a change to an ordinance or resolution of the City, the Council may refer the matter to the Administration for study and recommendation- or place the item upon the agenda of a future Council meeting. B. If administrative and a complaint regarding administrative staff performance, administrative execution or interpretation of legislative policy, or administrative policy within the authority of the City Manager, the Chair should then refer the complaint directly to the City Manager for his or her review if said complaint has not been so reviewed. The City Council may direct that the City Manager brief or report to the Council when his or her response is made. RULE 23. COUNCIL APPOINTMENTS TO BOARDS, COMMISSIONS. OR COMMITTEES Appointments and reappointments are to be made only under prescheduled agenda items and reappointments are to be made at the Council meeting preceding the expiration date of the terms. Appointments to vacancies which occur in mid-term are to be made within one month of vacancy. Each Board and Commission appointment will be made by a separate motion; if an objection is made to any appointment or reappointment, a roll call vote is necessary. Each motion will state whether it is a reappointment, filling of a vacancy or filling of a new position and the term of office. New applications are to be included in the weekly Council information briefs. New applications are to be delivered to all Council members twelve days before the appointment is considered. Prior to an appointment to the Planning Commission, Zoning Board of Appeals, Board of Ordinance Appeals,` Board of Review, Police and Fire Pension Board, and General Employees Retirement System Board, an appointee shall be nominated, as applicable, by the Mayor or City Council at a prior regular meeting. i, . T RULE 24. PHOTOGRAPHS, MOTION PICTURES, VIDEO TAPE - PERMISSION REQUIRED FOR ARTIFICIAL ILLUMINATION No photographs, motion pictures, or video tapes that require the use of flash bulbs, electronic flashes, flood lights, or similar artificial illumination shall be made at City Council meetings without the consent of the Chair. The approved rules of cable casting as promulgated by the City Cable Communications Commission shall apply to all meetings of the City Council. RULE 25. COUNCIL TRAVEL The Council shall appropriate funds for Council travel in the legislative portion of the annual City budget. Any Council member who desires to expend Council travel funds, shall complete the regular City authorization and reporting forms and comply with the established travel policy. The City Manager shall provide a summary of all City travel reports to the Council at least quarterly. RULE 26. PARLIAMENTARY AUTHORITY The current edition of Robert's Rules of Order Newly Revised shall govern the Council in all cases to which they are applicable and in which they are not inconsistent with these rules, the Charter, ordinances or law. RULE 27. ELECTRONIC COMMUNICATION A Council member shall not engage in electronic communication with another Council member or a member of the public during a regular or special meeting. Electronic communication is defined as an e-mail, text message, instant message, website or blog posting, or other form of communication transmitted or retrieved through the use of an electronic device. RULE 28. INDEMNIFICATION AND DEFENSE OF COUNCIL MEMBERS The City shall indemnify a Council member from any liability, loss, or damages to which a Council member may be subjected as a result of any claims, demands, costs, or judgments against a Council member arising, from any acts or omissions of a Council member in the course of that Council member's official duties. The City shall authorize the City Attorney or such other legal counsel as directed by the City Council, to defend against any and all claims brought, or actions filed against a Council member arising from any acts or omissions of a Council member in the course of that Council member's official duties, whether such claims or actions are rightfully or wrongfully brought or filed. RULE 29. ETHICAL PRINCIPLES The City Council shall be subject to and governed by the Ethics Principles and Guidelines Resolution adopted December 19, 1990. RULE 30. SUSPENSION AND AMENDMENT OF RULES These rules may be suspended or amended at any time, in accordance with the Charter of the City of Sterling Heights by a vote of the majority of the quorum; provided, however, A. The Rules regarding information items of a special Council meeting may not be suspended or amended except by a vote of all of the Council members elected or appointed and serving. B. The Rule regarding indemnification and defense of Council members may be suspended or amended on a prospective basis only, and may not be suspended or amended with respect to any particular claim or action brought or filed against a Council member. 0 City of e0ow 00010 J COLORADO4 CODE OF CONDUCT FOR 0 - r' JW A[- 0 Adopted by City Council Resolution No. 15-2004 March 2, 2004 City of Evans Code of Conduct for Elected Officials The Three Rs of Evans Government Leadership: Roles, Responsibilities and Respect The City Charter provides detailed information on the roles and responsibilities of Council members, the Mayor Pro-Tem, and the Mayor. The City's Code of Ethics provides guidance on ethical issues and questions of right and wrong. Until now, what has not been clearly written down is a Code of Conduct for Evans' elected officials. This Code of Conduct is designed to describe the manner in which Council members should treat one another, city staff, constituents, and others they come into contact with in representing the City of Evans. It reflects the work of the City Council with defining more clearly the behavior, manners, and courtesies that are suitable for various occasions. The City Council also considered a wide variety of policy changes and clarifications designed to make public meetings and the process of governance run more smoothly. The contents of this Code of Conduct includes: Page • Overview of Roles & Responsibilities 2 • Policies & Protocol Related to Conduct 3 • Council Conduct with One Another 4 • Council Conduct with City Staff 5 • Council Conduct with The Public 7 • Council Conduct with Other Public Agencies 8 • Council Conduct with Boards and Commissions 9 • Council Conduct with The Media 10 • Sanctions 10 • Principles of Proper Conduct 11 • Checklist for Monitoring Conduct 12 • How Governing Body Members Can Govern Better 13 • Glossa of Terms 17 The constant and consistent theme through all of the conduct guidelines is "respect." Council members experience stress in making decisions that impact the lives of the citizens. At times, the impacts of the entire' community must be weighed against the impact of only a few. Despite these pressures, elected officials are called upon to exhibit appropriate behavior at all times. Demonstrating respect for each individual through words and actions is the touchstone that can help guide Council members to do the right thing in even the most difficult situations. Overview of Roles & Responsibilities Other resources that are helpful in defining the roles and responsibilities of elected officials can be found in the Evans City Charter, Evans Municipal Code and in the Handbook for Municipal Elected Officials, published by the Colorado Municipal League. MAYOR • Elected "at -large" for a two year term (Evans City Charter, Section 3.4) • Recognized as head of the City Government for all ceremonial purposes (Evans City Charter, Section 3.9) • : Preside over meetings of the City Council (Evans City Charter, Section 3.9) • Has same speaking and voting rights as any other member (Evans City Charter, Section 3.9) • ; Shall in no case have the power to veto (Evans City Charter, Section 3.9) • Executes and authenticates legal instruments requiring signature (Evans City Charter, Section 3.9) • Shall be the conservator of peace, and in emergencies may exercise within the City the powers conferred by the Governor of the State of Colorado for purposes of military law, and shall have the authority to command the assistance of all able-bodied citizens to aid in the enforcement of the ordinances of the City and to suppress riot and disorder (Evans City Charter, Section 3.9) • Leads the Council into an effective, cohesive working team. MAYOR PRO-TEM • Elected by the City Council at the first meeting following their election (Evans City Charter, Section 3.9) • Performs the duties of the Mayor if the Mayor is absent or disabled (Evans City Charter, Section 3.9) ALL COUNCILMEMBERS All members of the City Council, including the Mayor and Mayor Pro-Tem, have equal votes. No Councilmember has more power than any other Councilmember, and all should be treated with equal respect. All Council members should: • Fully participate in -City Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others • Prepare in advance of meetings and be familiar with issues on the agenda • Represent the City at ceremonial functions at the request of the Mayor • Be respectful of other people's time. Stay focused and act efficiently during public meetings. 2 • Serve as a model of leadership and civility to the community • Inspire public confidence in Evans government • Provide contact information with the City Clerk in case of an emergency or an urgent situation arises while the Councilmember is out of town • Demonstrate honesty and integrity in every action and statement • Participate in scheduled activities Policies & Protocol Related To Conduct Ceremonial Events Requests for a City representative at ceremonial events will be handled by City staff. The Mayor will serve as the designated City representative. If the Mayor is unavailable, then City staff will determine if event organizers would like another representative from the Council. If yes, then the Mayor Pro-Tem will be recommended to serve as the substitute. Invitations received at City Hall are presumed to be for official City representation. Invitations addressed to Council members at their homes are presumed to be for unofficial, personal consideration. Correspondence Signatures Council members do not need to acknowledge the receipt of correspondence, or copies of correspondence, during Council meetings. City staff will prepare official letters in response to public inquiries and concerns. These letters will carry the signature of the Mayor or the appropriate City staff. If correspondence is addressed only to one Councilmember, that correspondence will be shared with the rest of the Council. Endorsement of Candidates Council members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention endorsements during Council meetings or other official City meetings or functions. Intergovernmental Relations The Council values intergovernmental relations with neighboring communities and other entities. As a result, Council menbers should make a concerted effort to attend scheduled meetings with other entities to further promote intergovernmental relations. Legislative Process The City generally follows Roberts Rule of Order for meeting management. Public Meeting Hearing Protocol The Mayor will open the public hearing. Staff will make the initial presentation. The applicant or appellant shall have the right to speak first. The Mayor will determine the length of time allowed for this presentation. Speakers representing pro points of view will be allowed to follow. Speakers representing opposing points of view will then follow. The Mayor will determine how much time will be allowed for each speaker, with 3 to 5 minutes the standard time granted. The Mayor will then ask the Council if any issues need clarification before the public hearing is 3 closed. The Mayor has the responsibility to run an efficient public meeting and has the discretion to modify the public hearing process in order to make the meeting run smoothly. Council members will not express opinions during the public hearing portion of the meeting except to ask pertinent questions of the speaker or staff. "I think" and "I feel" comments by Council members are not appropriate until after the close of the public hearing. Council members should refrain from arguing or debating with the public during a public hearing and shall always show respect for different points of view. Main motions may be followed by amendments, followed by substitute motions. Any Councilmember can call for a point of order. Only Council members who voted on the prevailing side may make motions to reconsider. Travel Expenses The purpose of this regulation is to establish the policies and procedures for Council members who travel on official City business either in -state or out-of-state. Such travel shall include attendance at conferences, seminars, and training sessions on behalf of the City. The City shall pay reasonable expenses for registration fees, lodging, meals, transportation, and all allowable miscellaneous expenses for the Council member only. All travel expenses will be handled in the same manner and consistent with the provisions within the City's Employee Handbook. Council Conduct with One Another Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even as Council may "agree to disagree" on contentious issues. IN PUBLIC MEETINGS • Practice civility, professionalism and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not allow, however, Council members to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be tolerated. Council members should conduct themselves in a professional manner at all times, including dress. • Honor the role of the Mayor in maintaining order It is the responsibility of the Mayor to keep the comments of Council members on track during public meetings. Council members should honor efforts by the Mayor to focus discussion on current agenda items. If there is disagreement about the agenda or the Mayor's actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure. 4 • Avoid personal comments that could offend other Council members If a Councilmember is personally offended by the remarks of another Councilmember, the offended Councilmember should make notes of the actual words used and call for a "point of personal privilege" that challenges the other Councilmember to justify or apologize for the language used. The Mayor will maintain control of this discussion. • Demonstrate effective problem -solving approaches Council members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. • Be punctual and keep comments relative to topics discussed Council members have made a commitment to attend meetings and partake in discussions. Therefore, it is important that Council members be punctual and that meetings start on time. It is equally important that discussions on issues be relative to the topic at hand to allow adequate time to fully discussed scheduled issues. IN PRIVATE ENCOUNTERS • Continue respectful behavior in private The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations. • Be aware of the insecurity of written notes, voicemail messages, and e-mail Technology allows words written or said without much forethought to be distributed wide and far. Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message was played on a speaker phone in a full office? What would happen if this e- mail message was forwarded to others? Written notes, voicemail messages and e-mail should be treated as potentially "public" communication. • Even private conversations can have a public presence Elected officials are always on display — their actions, mannerisms, and language are monitored by people around them that they may not know. Lunch table conversations will be eavesdropped upon, parking lot debates will be watched, and casual comments between individuals before and after public meetings noted. Council Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff, who implement and administer the Council's policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. • Treat all staff as professionals Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. - Limit contact to specific City staff Questions of City staff and/or requests for additional background information should be directed to the City Manager, City Attorney, or Department Heads. The City Manager should be copied on or informed of any request. Requests for follow-up or directions to staff should be made only through the City Manager or the City Attorney when appropriate. When in doubt about what staff contact is appropriate, Council members should ask the City Manger for direction. Materials supplied to a Councilmember in response to a request will be made available to all members of the Council so that all have equal access to information. - Do not disrupt City staff from their jobs Council members should not disrupt City staff awhile they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. - Never publicly criticize an individual employee Council should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee's manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversation. - Do not get involved in administrative functions Council members must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. The Evans City Charter, Section 4.6, also contains information about the prohibition of Council interference in administrative functions. - Check with City staff on correspondence before taking action Before sending correspondence, Council members should check with City staff to see if an official City response has already been sent or is in progress. - Do not attend meetings with City staff unless requested by staff. Even if the Councilmember does not say anything, the Councilmember's presence implies support, shows partiality, intimidates staff, and hampers staffs ability to do their job objectively. - Limit requests for staff support All mail for Council members is opened by the City Clerk. Mail addressed to the Mayor is reviewed first by the City Manager who notes suggested action and/or follow-up items. Requests for additional staff support — even in high priority or emergency situations -- should be made to the City Manager who is responsible for allocating City resources in order to maintain a professional, well -run City government. - Do not solicit political support from staff Council members should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. C1 Council Conduct with the Public IN PUBLIC MEETINGS Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Council members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. - Be welcoming to speakers and treat them with care and gentleness Speaking in front of Council can be a difficult experience for some people. Some issues the Council undertakes may affect people's daily lives and homes. Some decisions are emotional. The way that Council treats people during public hearings can do a lot to make them relax or to push their emotions to a higher level of intensity. - Be fair and equitable in allocating public hearing time to individual speakers The Mayor will determine and announce limits on speakers at the start of the public hearing process. Generally, each speaker will be allocated three -minutes with applicants and appellants or their designated representatives allowed more time. If many speakers are anticipated, the Mayor may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers. No speaker will be turned away unless he or she exhibits inappropriate behavior. Each speaker may only speak once during the public hearing unless the Council requests additional clarification later in the process. After the close of the public hearing, no more public testimony will be accepted unless the Mayor reopens the public hearing for a limited and specific purpose. - Give the appearance of active listening It is disconcerting to speakers to have Council members not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time gazing around the room gives the appearance of disinterest. Be aware of facial expressions, especially those that could be interpreted as "smirking," disbelief, anger or boredom. - Ask for clarification, but avoid debate and argument with the public Only the Mayor — not individual Council members -- can interrupt a speaker during a presentation. However, a Councilmember can ask the Mayor for a point of order if the speaker is off the topic or exhibiting behavior or language the Councilmember finds disturbing. If speakers become flustered or defensive by Council questions, it is the responsibility of the Mayor to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by Council members to members of the public testifying .should seek to clarify or expand information. It is never appropriate to belligerently challenge or belittle the speaker. Council members' personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing is closed. - No personal attacks of any kind, under any circumstance Council members should be aware that their body language and tone of voice, as well as the words they use, can appear to be intimidating or aggressive. 7 • Follow parliamentary procedure in conducting public meetings The City Attorney serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. Final rulings on parliamentary procedure are made by the Mayor, subject to the appeal of the full Council. IN UNOFFICIAL SETTINGS • Make no promises on behalf of the Council Council members will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise Council action, or to promise City staff will do something specific (fix a pothole, remove a library book, plant new flowers in the median, etc.). • Make no personal comments about other Council members It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other Council members, their opinions and actions. • Remember that despite its impressive population figures, Evans is a small community at heart Council members are constantly being observed by the community every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the City of Evans. Honesty and respect for the dignity of each individual should be reflected in every word and action taken by Council members, 24 hours a day, seven days a week. It is a serious and continuous responsibility. Council Conduct with Other Public Agencies • Be clear about representing the City or personal interests If a Councilmember appears before another governmental agency or organization to give a statement on an issue, the Councilmember must clearly state: 1) if his or her statement reflects personal opinion or is the official stance of the City; 2) whether this is the majority or minority opinion of the Council. Even if the Councilmember is representing his or her own personal opinions, remember that this still may reflect upon the City as an organization. If the Councilmember is representing the City, the Councilmember must support and advocate the official City position on an issue, not a personal viewpoint. If the Councilmember is representing another organization whose position is different from the City, the Councilmember should withdraw from voting on the issue if it significantly impacts or is detrimental to the City's interest. Council members should be clear about which organizations they represent and inform the Mayor and Council of their involvement. 8 • Correspondence also should be equally clear about representation City letterhead may be used when the Councilmember is representing the City and the City's official position. A copy of official correspondence should be given to the City Clerk to be filed as part of the permanent public record. It is best that City letterhead not be used for correspondence of Council members representing a personal point of view, or a dissenting point of view from an official Council position. Council Conduct With Boards and Commissions The City has established several Boards and Commissions as a means* of gathering more community input. Citizens who serve on Boards and Commissions become more involved in :government and serve as advisors to the City Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect. • If attending a Board or Commission meeting, be careful to only express personal opinions Council members may attend any Board or Commission meeting, which are always open to any member of the public. However, if the Board or Commission is conducting a public hearing, the Councilmember shall remove themselves from the proceedings. Council members should be sensitive to the way their participation — especially if it is on behalf of an individual, business or developer -- could be viewed as unfairly affecting the process. Any public comments by a Councilmember at a Board or Commission meeting should be clearly made as individual opinion and not a representation of the feelings of the entire City Council. Also, a Councilmember's presence may affect the conduct of the Board or Commission and limit their role and function. • Limit contact with Board and Commission members It is inappropriate for a Councilmember to contact a Board or Commission member to lobby on behalf of an individual, business, or developer. Council members should contact staff in order to clarify a position taken by the Board or Commission. • Remember that Boards and Commissions serve the community, not individual Council members The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the Council. But Board and Commission members do not report to individual Council members, nor should Council members feel they have the power or right to threaten Board and Commission members with removal if they disagree about an issue. Appointment and re -appointment to a Board or Commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. A Board or Commission appointment should not be used as a political "reward." -Be respectful of diverse opinions A primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Councilmembers must be fair and respectful of all citizens serving on Boards and Commissions. 7 • Keep political support away from public forums Board and Commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Council members may support Board and Commission members who are running for office, but not in an official forum in their capacity as a Councilmember. • Inappropriate behavior can lead to removal Inappropriate behavior by a Board or Commission member should be noted to the Mayor, and the Mayor should counsel the offending member. If inappropriate behavior continues, the Mayor should bring the situation to the attention of the Council and the individual is subject to removal from the Board or Commission. Council. Conduct with The Media Council members may be contacted by the media for background and quotes. • The best advice for dealing with the media is to never go "off the record" Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted. • The Mayor is the official spokesperson for the representative on City position. The Mayor is the designated representative of the Council to present and speak on the official City position. If an individual Councilmember is contacted by the media, the Councilmember should be clear about whether their comments represent the official City position or a personal viewpoint. • Choose words carefully and cautiously Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media. Sanctions • Public Disruption Members of the public who do not follow proper conduct after a warning in a public hearing may be barred from further testimony at that meeting or removed from the Council Chambers. • Inappropriate Staff Behavior Council members should refer to the City Manager any City staff who do not follow proper conduct in their dealings with Council members, other City staff, or the public. These employees may be disciplined in accordance with standard City procedures for such actions. 10 • Council members Behavior and Conduct City Council members who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Council. Serious infractions of the Code of Ethics or Code of Conduct could lead to other sanctions as deemed appropriate by Council. Council members should point out to the offending Councilmember infractions of the Code of Ethics or Code of Conduct. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being challenged, then the matter should be referred to the Mayor Pro-Tem. It is the responsibility of the Mayor to initiate action if a Councilmember's behavior may warrant sanction. If no action is taken by the Mayor, the alleged violation(s) can be brought up with the full Council in a public meeting. If violation of the Code of Ethics or Code of Conduct is outside of the observed behaviors by the Mayor or Council members, the alleged violation should be referred to the Mayor.: The Mayor should ask the City Manager and/or the City Attorney to investigate the allegation and report the findings to the Mayor. It is the Mayor's responsibility to take the next appropriate action. These actions can include, but are not limited to: discussing and counseling the individual on the violations; recommending sanction to the full Council to consider in a public meeting; or forming a Council ad hoc subcommittee to review the allegation; the investigation and its findings, as well as to recommend sanction options for Council consideration. Principles of Proper Conduct Proper conduct IS ... o Keeping promises o Being dependable o Building a solid reputation o Participating and being available o Demonstrating patience o Showing empathy o Holding onto ethical principles under stress o Listening attentively o Studying thoroughly o Keeping integrity intact o Overcoming discouragement o Going above and beyond, time and time again o Modeling a professional manner 11 Proper conduct IS NOT ... • Showing antagonism or hostility • Deliberately lying or misleading • Speaking recklessly • Spreading rumors • Stirring up bad feelings, divisiveness • Acting in a self-righteous manner It all comes down to respect Respect for one another as individuals ... respect for the validity of different opinions ... respect for the democratic process ... respect for the community that we serve. Checklist for Monitoring Conduct • Will my decision/statement/action violate the trust, rights or good will of others? • What are my interior motives and the spirit behind my actions? • If I have to justify my conduct in public tomorrow, will I do so with pride or shame? • How would my conduct be evaluated by people whose integrity and character I respect? • Even if my conduct is not illegal or unethical, is it done at someone else's painful expense? Will it destroy their trust in me? Will it harm their reputation? • Is my conduct fair? Just? Morally right? • If I were on the receiving end of my conduct, would I approve and agree, or would I take offense? • Does my conduct give others reason to trust or distrust me? • Am I willing to take an ethical stand when it is called for? Am I willing to make my ethical beliefs public in a way that makes it clear what I stand for? • Do I exhibit the same conduct in my private life as I do in my public life? • Can I take legitimate pride in the way I conduct myself and the example I set? • Do I listen and understand the views of others?, • Do I question and confront different points of view in a constructive manner? • Do I work to resolve differences and come to mutual agreement? • Do I support others and show respect for their ideas? • Will my conduct cause public embarrassment to someone else? 12 How Governing Body Members Can Govern Better The following items are taken from the Colorado Municipal League, Handbook for Municipal Elected Officials, and is reprinted from the League of Kansas Municipalities' brochure, "Suggestions for Successful Public Service" Governing is clearly more of an art than a science. There are no ultimate answers on how to govern; different approaches are to be expected, and probably desired. However, there do seem to be some fundamentals. The suggestions that follow range from practical, common sense fundamentals to those more philosophic and theoretical. These tips for successful and effective public service are intended to assist mayors, council members, and board trustees. While most suggestions relate to individual officers others apply to the governing body as a whole. These two applications, however, are interdependent - the capacity of a governing body to govern effectively is dependent on the collective capacities of at least a majority of its membership. These suggestions are not in any priority order, and not all are universally accepted. All of them, however, are worth consideration by anyone who would serve the public through an elective local office. 1. Learn all you can about your city, its history, its operation, its financing. Do your homework. Know your city ordinances. Dust off your comprehensive plan. 2. Devote sufficient time to your office and to studying the present and future problems of your community. 3. Don't bum yourself out on the little things but recognize that they are often important to the public. Save some energy - and time - for the important matters. 4. Don't act as a committee of one; governing a city requires team effort - practically and legally. 5. Don't let honest differences of opinion within the governing body degenerate into personality conflicts. 6. Remember that you represent all the people of your community, not just neighbors and friends. Be wary of personal experiences coloring your public decisions. 7. Take your budget preparation job seriously, for it determines what your city does or does not do for the coming year and will also influence what happens in future years. 8. Establish policy statements. Written policy statements let the public, and the city staff, know where they stand. They help the governing body govern, and writing them provides a process to develop consensus. 9. Make decisions on the basis. of public policy, and be consistent. Treat similar situations similarly, and avoid favoritism. 10. Focus your attention on ways to prevent problems, rather than just trying to solve them as they occur. Filling potholes is one approach to governing; developing plans to prevent them is more important. 13 11. Don't be misled by the strong demands of special interest groups who want it done now, their way. Your job is to find the long-term public interest of the community as a whole, and you may be hearing from the wrong people. 12. Don't rush to judgment. Few final actions have to be taken at the first meeting at which they are considered. Avoid "crisis management." 13. Don't be afraid of change. Don't be content to just follow the routine of your predecessors. Charge your appointed officers and employees with being responsible for new ideas and better ways. Listen to what they have to say. 14. Don's give quick answers when you are not sure of the real answer. It may be embarrassing to appear ignorant, but it can be more embarrassing, and damaging, to tell a person something which is wrong. 15. As an individual, even if you are the mayor, don't make promises you can't deliver! Most decisions and actions require approval of the governing body, and this takes a majority vote. 16. Remember that you have legal authority as a governing body member only when the governing body is in legal session. 17. Don't spring surprises on your fellow governing body members or your city staff, especially at formal meetings. If a matter is worth bringing up for discussion, it's worth being on the agenda. Surprises may get you some publicity, at the embarrassment of others, but they tend to erode the "team" approach to governance. 18. Participate in official meetings with the dignity and decorum fitting those who hold a position of public trust. Personal dress and courteous behavior at meetings help create an environment for making sound public decisions. 19. Conduct your official public meetings with some formality, and follow rules of procedure. Have an agenda, and follow it. Most governing body members agree that formal meetings expedite the process and promote better decision making. 20. Don't be afraid to ask questions. It is one of the ways we learn. But do your homework by studying agenda material before meetings. 21. Vote yes or no on motions. Don't cop out by abstaining except when you have a conflict of interest. A pass does not relieve you of responsibility when some decision must be made. 22. Once a majority decision of the governing body has been made, respect that official position and defend it if needed, even if you personally disagreed. 23. Respect the letter and intent of the open meetings law, but also keep private and confidential matters to yourself. Don't gossip. 24. Retain competent, key employees, pay them well, trust their professional judgment, and recognize their authority and responsibilities. 25. Don't bypass the system! If you have a manager or other chief administrative officer, stick to policy making and avoid personal involvement in the day-to-day operations of the municipality. If you do not have an administrative officer, make 14 sure you have some management system that officers, employees, and the public understand. 26. Don't let others bypass the system. Insist that people such as equipment or service suppliers work with your city staff. If direct contact with governing body members is necessary, it should be with the governing body as a whole, or a committee, and not on a one-on-one basis. 27. Don't pass the buck to the staff or employees when they are only following your policies or decisions. 28. Don't always take no for an answer. The right question may be "How can we do this?" instead of "May we do this?" Be positive! 29. Learn to evaluate recommendations.and alterative courses of action. Request that your staff provide options. Encourage imaginative solutions. 30. Avoid taking short-term gains at the expense of long-term losses. Be concerned with the long-term future of the city:: 31. In determining the public interest, balance personal rights and property interests, the possible harm to a few versus the good of the many. Recognize that in some situations, everyone can't be a winner. 32. Remember that cities are for people! Be concerned with the total development - physical, economic, and social - of your community. 33. Don't act as if the city operates in a vacuum. Cities must work within the intergovernmental system to be effective. Keep in contact and cooperate with your federal, state, county, and school officials. 34. Know your neighbors. Get to know the officials of neighboring and similar size cities. Visit other cities, particularly those with a reputation of being well run. 35. Learn to listen - really listen - to your fellow governing body members and the public. Hear what they are trying to say, not just the words spoken. 36. Keep your constituents informed, and encourage citizen participation. 37. Be friendly and deal effectively with the news media. Make sure what you say is what you mean. Lack of good communication, with the media and the public, can be a major problem for municipal officials. 38. Remember that what you say, privately and publicly, will often be news. You live in a glass house. Avoid over -publicizing minor problems. 39. Expect, and respect, citizen complaints. Make sure that your governing body members and your city, have a way to deal effectively with them. Have a follow- up system. 40. Be careful about rumors. Check them out. Help squelch them when you know they are false. 41. Appoint citizen advisory committees and task forces when you need them, but be prepared to follow their advice if you use them. 42. Take care in your appointments to boards and commissions. Make sure they are willing and capable as well as representative of the whole community. 15 43. Never allow a conflict of interest to arise between your public duties and your private interests. Be sensitive to actions you take that might even give the appearance of impropriety. 44. Seek help. Use manuals, guides, and other technical assistance and information available from the Colorado Municipal League and other agencies. Attend workshops and conferences put on for the benefit of you and your city. 45. Pace yourself.: Limit the number of meetings you attend. Set some priorities, including the need to spend time with your family. Recognize that life - and the city - is dependent on a lot of things you have little control over. 46. Establish some personal goals and objectives. What do you want to help accomplish this year? Next year? 47. Help develop some short-term and long-term goals and objectives for your city, and check your progress at least every six months, 48. Similarly, help your city develop a vision of the future. Plan from the future to the present - no vision, no plan. One of the important purposes of a governing body is to establish a vision for the future. 49. Focus on the future, and try to leave your city better than that which you inherited as a city officer. 50. Be a leader, as well as part of the team of elected and appointed officials who were selected to make your city an even better place to live. 51. At least once a year, schedule a governing body discussion about how you are governing. Review the processes and procedures. Sit back and ask, "How are we doing? How can we do things better?" 52. Be enthusiastic about your public service and the privilege you have, and let the public know it. But maintain your sense of humor. Don't take yourself or the business of government so seriously that you don't enjoy it. It should be fun as well as a rewarding experience. 53. Celebrate! Always focusing on problems and issues may lead you, the governing body, and the public, to believe that nothing positive ever happens. Good things do happen. Let the public share your successes. 16 Glossary of Terms attitude The manner in which one shows one's dispositions, opinions, and feelings behavior External appearance or action; manner of behaving; carriage of oneself civility Politeness, consideration, courtesy conduct The way one acts; personal behavior courtesy Politeness connected with kindness decorum Suitable; proper; good taste in behavior manners A way of acting; a style, method, or form; the way in which thing are done point of order An interruption of a meeting to question whether rules or bylaws are being broken, such as the speaker has strayed from the motion currently under consideration point of personal A challenge to a speaker to defend or apologize for comments that a privilege fellow Councilmember considers offensive propriety Conforming to acceptable standards of behavior protocol The courtesies that are established as proper and correct respect The act of noticing with attention; holding in esteem; courteous regard L:shared/manager/counciUcode of conduct 17 6r"/L4� I n/EE GRAYLING CITY COUNCIL RULES AND CODE OF CONDUCT Reviewed & Revised 9-2013 TABLE OF CONTENTS I. RULES A. REGULAR AND SPECIAL MEETINGS 1. Regular Meetings..................................................................................... 1 2. Special Meetings...................................................................................... 1 3. Absences from Meetings.......................................................................... 1 4. Posting Requirements for Regular and Special Meetings ........................ 1 5. Minutes of Regular and Special Meetings ............................................... 2 6. Work Sessions.......................................................................................... 2 B. CONDUCT OF MEETINGS 1. Meetings to be Public............................................................................... 2 2. Agenda Preparation.................................................................................. 2 3. Consent Agenda....................................................................................... 3 4. Agenda Distribution................................................................................. 3 5. Quorum.................................................................................................... 3 6. Attendance at Council Meetings.............................................................. 3 7. Presiding Officer...................................................................................... 3 8. Disorderly Conduct.................................................................................. 3 C. CLOSED MEETINGS 1. Purpose..................................................................................................... 4 2. Calling Closed Meetings.......................................................................... 4 3. Minutes of Closed Meetings.................................................................... 4 D. DISCUSSION AND VOTING 1. Rules of Parliamentary Procedure........................................................... 5 2. Conduct of Discussion............................................................................. 5 3. Ordinances and Resolutions..................................................................... 5 4. Roll Call................................................................................................... 5 5. Duty to Vote............................................................................................. 6 6. Rules of Voting........................................................................................ 6 7. Results of Voting..................................................................................... 6 E. ADDRESSING THE COUNCIL 1. General..................................................................................................... 7 2. Length of Presentation............................................................................. 7 3. Addressing the Council............................................................................ 7 F. MISCELLANEOUS 1. Mayor / Mayor Pro-Tem.......................................................................... 7 2. Vacancy on Council................................................................................. 7 3. Oath of Office.......................................................................................... 7 4. Adoption and Amendment of Rules of Procedure ................................... 8 5. Suspension of Rules................................................................................. 8 6. Committees.............................................................................................. 8 7. Task Forces.............................................................................................. 8 8. Adopting the Budget................................................................................ 8 9. Roles........................................................................................................ 8 10. City Documents/EmaiIs (added 9/13)......................................................... 8 II. CODE OF CONDUCT A. OVERVIEW OF ROLES AND RESPONSIBILITIES 1. Mayor.......................................................................................................10 2. Mayor Pro-Tem.........................................................................................10 3. All Council Members...............................................................................10 4. Meeting Chair..........................................................................................10 5. Former Council Members........................................................................I I B. POLICIES AND PROTOCOL RELATED TO CONDUCT 1. Ceremonial Events...................................................................................11 2. Correspondence Signatures......................................................................11 3. Endorsement of Candidates.....................................................................11 4. Legislative Process...................................................................................11 5. Public Announcements in Council Meetings...........................................11 6. Public Meeting Hearing Protocol.............................................................12 7. Travel Expenses.......................................................................................12 C. COUNCIL CONDUCT WITH ONE ANOTHER 1. In Public Meetings...................................................................................12 2. In Private Encounters...............................................................................13 D. COUNCIL CONDUCT WITH CITY STAFF 1. Treat All Staff as Professionals................................................................14 2. Limit Contact to Specific City Staff........................................................14 3. Do Not Disrupt City Staff from Their Job...............................................14 4. Never Publicly Criticize an Individual Employee...................................14 5. Do Not get Involved in Administrative Functions...................................14 6. Check with City Staff on Correspondence Before Taking Action ..........14 7. Do Not Attend Meetings with City Staff Unless Requested by Staff ...... 14 8. Limit Requests for Staff Support.............................................................15 9. Do Not Solicit Political Support from Staff.............................................15 E. COUNCIL CONDUCT WITH THE PUBLIC 1. In Public Meetings...................................................................................15 2. In Unofficial Settings...............................................................................16 F. COUNCIL CONDUCT WITH OTHER PUBLIC AGENCIES 1. Be Clear About Representing the City of Personal Interests...................17 2. Correspondence Also Should be Equally Clear about Representation .... 17 G. COUNCIL CONDUCT WITH BOARDS AND COMMITTEES 1. If Attending a Board of Committee Meeting, Be Careful to Only Express Personal Opinions......................................................................18 2. Limit Contact with Board and Committee Members to Questions of Clarification.............................................................................................18 3. Remember that Boards and Committees Serve the Community, Not Individual Council Members............................................................18 4. Be Respectful of Diverse Opinions..........................................................18 5. Keep Political Support Away from Public Forums.................................18 6. Inappropriate Behavior Can Lead to Removal........................................18 H. COUNCIL CONDUCT WITH MEDIA 1. The Best Advice for Dealing with the Media is To Never Go "Off The Record".....................................................................................19 2. The Mayor is The Official Spokesperson for The Representative on CityPosition.............................................................................................19 3. Choose Words Carefully and Cautiously.................................................19 SANCTIONS 1. Public Disruption.....................................................................................19 2. Inappropriate Staff Behavior....................................................................19 3. Council Members Behavior and Conduct................................................19 J. PRINCIPLES OF PROPER CONDUCT.......................................................20 K. IT ALL COMES DOWN TO RESPECT......................................................21 L. CHECKLIST FOR MONITORING CONDUCT..........................................21 III. GLOSSARY OF TERMS..................................................................................22 GRAYLING CITY COUNCIL RULES and CODE OF CONDUCT I. RULES A. REGULAR AND SPECIAL MEETINGS All meetings of the Grayling City Council will be held in compliance with state statutes, including the Open Meetings Act, PA 267 of 1976 as amended, and with these rules. 1. Regular Meetings Regular meetings of the City Council will be held on second and last Monday of each month beginning at 7:00 p.m. at the City office unless otherwise rescheduled. The Council shall meet in the Council Chambers for council meetings, at 7:00 p.m. eastern standard time, on the Monday next following each regular city election and shall hold at least one regular stated meeting each month for the transaction of business at such time and place within the city as it shall prescribe. 2. Special Meetings Special meetings may be called by the mayor or any two council members on at least eighteen hours written notice to each member of the council served personally or left at his/her usual place of residence by the city clerk or someone designated by him/her. Special meeting notices shall state the purpose of the meeting. No official action shall be transacted at any special meeting of the Council unless the item has been stated in the notice of such meeting. 3. Absences from Meetings If absent from three consecutive regular meetings, Council may vote to ask that member to vacate their seat by resigning, unless the absence is excused by the council by resolution setting forth such excuse. The council may, by a majority vote of those present, compel the attendance of its members and other officers of the city at its meetings and enforce orderly conduct therein; and any member of the council who refuses to conduct himself in accord with the wishes of such majority shall be deemed guilty of a misdemeanor. 4. Posting Requirements for Regular and Special Meetings Before December 3 1 " of each year the Council will approve and the Clerk will post a list of regularly scheduled meetings for the following year. For a rescheduled regular or a special meeting of the Council, a public notice stating the date, time, and place of the meeting shall be posted at the City Office at least 18 hours before the meeting. 5. Minutes of Regular and Special Meetings The Clerk shall attend the Council meetings and record all the proceedings and resolutions of the Council in accordance with the Open Meetings Act. In the absence of the Clerk, the City Manager may appoint another person to temporarily perform the Clerk's recording duties. Within 8 business days of a Council meeting, a synopsis showing the substance of each separate decision of the Council or the entirety of the Council proceedings shall be prepared by the Clerk indicating the vote of the Council Members. After the City Council approves this document, it shall be published in a newspaper of general circulation in the City or posted in three public places in the City. A copy of the minutes of each regular or special Council meeting shall be available for public inspection at the City Clerk's office during regular business hours. 6. Work Sessions Upon the call of the Mayor or the Council and with appropriate notice to the Council Members and to the public, the Council may convene a work session devoted exclusively to the exchange of information relating to municipal affairs. No votes may be taken on any matter under discussion; nor shall any Council Member enter into a formal commitment with another member regarding a vote to be taken subsequently. B. CONDUCT OF MEETINGS 1. Meetings To Be Public All regular and special meetings of the Council shall be open to the public, and citizens shall have a reasonable opportunity to be heard in accordance with such rules and regulations as the Council may determine. All official meetings of the Council and its committees shall be open to the media, freely subject to recording by radio, television and photographic services at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings. Meetings may be closed to the public and the media in accordance with the Open Meetings Act. 2. Agenda Preparation The City Manager shall prepare an agenda for each regular Council Meeting. Any Council Member shall have the right to add items to the regular agenda before it is approved. a. SUGGESTED Order of Business I. Call to Order II. Pledge of Allegiance III. Roll Call IV. SPECIAL PRESENTATION V. Public Comment VI. Approval of Agenda VII. Approval of Consent Agenda VIII. City manager report IX. Unfinished Business X. New Business XI. Reports XII. Public Comment XIII. Councilperson Comments XIV. Correspondence XV. Adjournment 3. Consent Agenda A consent agenda may be used to allow the Council to act on numerous administrative or noncontroversial items at one time. Included on this agenda can be non -controversial matters such as approval of minutes, correspondence, approval of recognition resolutions, etc. Upon request by any member of the Council, an item shall be removed from the consent agenda and placed on the regular agenda for discussion immediately following action on the consent agenda. 4. Agenda Distribution The deadline for items to be placed on the agenda by Councilpersons is 4:00 P.M. on the Tuesday before the meetings. All items need to be to the City Manager by deadline to be considered for that meeting's agenda. The City Manager has the authority to allow for emergency agenda items. The Clerk shall have the Council Packets delivered to the Council members on the Thursday before the meeting dates. 5. Quorum A majority of the sworn members of the Council shall constitute a quorum for the transaction of business at all Council meetings. In the absence of a quorum, a lesser number may adjourn any meeting to a later time or date with appropriate public notice. 6. Attendance at Council Meetings Election to the City Council is a privilege freely sought by the nominee. It carries with it the responsibility to participate in Council meetings and represent the residents of the City. Attendance at Council meetings is critical to fulfilling this responsibility. 7. Presiding Officer The presiding officer shall be responsible for enforcing these rules of procedure and for enforcing orderly conduct at meetings. The Mayor is the presiding officer at all Council Meetings. The Mayor Pro Tern shall preside in the absence of the Mayor. In the absence of both the Mayor and the Mayor Pro Tem, the member present who has the longest consecutive service on the Council shall preside. 8. Disorderly Conduct The chair may call to order any person who is being disorderly by speaking out of order or otherwise disrupting the proceedings, failing to be germane, speaking longer than the allotted time or speaking vulgarities. Such person shall be seated until the chair determines whether the person is in order. If the person so engaged in presentation is called out of order, he or she shall not be permitted to continue to speak at the same meeting except by special leave of the Council. If the person shall continue to be disorderly and disrupt the meeting, the chair may order the person be removed from the meeting. C. CLOSED MEETINGS 1. Purpose Closed meetings may be held only for the reasons authorized in the Open Meetings Act, PA 267 of 1976 as amended. 2. Calling Closed Meetings According to the Michigan Open Meetings Act, the law provides for closed meetings in a few specified circumstances. In order for a public body to hold a closed meeting, two- thirds of its members must vote affirmatively in a roll call. Also, the purpose for which the closed meeting is being called has to be stated in the meeting before the roll call is taken. Closed Meetings may be called without a two-thirds vote for the following reasons: (1) Considering the dismissal, suspension or disciplining of, or to hear complaints or charges brought against a public officer, employee, staff member or individual when the person requests a closed hearing; (2) Strategy and negotiation sessions necessary in reaching a collective bargaining agreement when either party requests a closed hearing; and Other reasons a public body may hold a closed meeting are: (1) To consider the purchase or lease of real property; (2) To consult with or receive a document prepared by its attorney about trial or settlement strategy in pending litigation. (3) To review the contents of an application for employment or appointment to a public office when the candidate requests the application to remain confidential. However, all interviews by a public body for employment or appointment to a public office have to be conducted in an open meeting; and (4) To consider material exempt from discussion or disclosure by state or federal statute. 3. Minutes of Closed Meetings ' The Clerk or the designated secretary of the Council shall take a separate set of minutes. These minutes will be retained by the Clerk, shall not be available to the public, and shall only be disclosed if required by a civil action, as authorized by the Michigan Open Meetings Act. These minutes may be destroyed one year and one day after approval of the minutes of the regular meeting at which the closed session was approved. D. DISCUSSION AND VOTING 1. Rules of Parliamentary Procedure The latest edition of Robert's Rules of Order shall govern the Council in all cases to which they are applicable, provided that they are not in conflict with these rules, City charter or ordinances or applicable state statutes. The chair shall preserve order and decorum and may speak to points of order in preference to other Council Members. The chair shall decide all questions arising under this parliamentary authority, subject to appeal and reversal by a majority of the Council Members present. Any member may appeal to the Council a ruling of the presiding officer. If the appeal is seconded, the member making the appeal may briefly state the reason for the appeal and the presiding officer may briefly state the ruling. There shall be no debate on the appeal and no other member shall participate in the discussion. The question shall be, "Shall the decision of the chair be sustained?" If the majority of the members present vote "aye," the ruling of the chair is sustained; otherwise it is overruled. 2. Conduct Of Discussion During the Council discussion and debate, no member shall speak until recognized for that purpose by the chair. After such recognition, the member shall confine discussion to the question at hand and to its merits and shall not be interrupted except by a point of order or privilege raised by another member. Speakers should address their remarks to the chair, maintain a courteous tone and avoid interjecting a personal note into debate. No member shall speak more than once on the same question unless every member desiring to speak to that question shall have had the opportunity to do so. The chair, at his or her discretion and subject to the appeal process mentioned in Section D.(1.), may permit any person to address the Council during its deliberations. 3. Ordinances And Resolutions No ordinance, except an appropriation ordinance, an ordinance adopting or embodying an administrative or governmental code, or an ordinance adopting a code of ordinances, shall relate to more than one subject, and that subject shall be clearly stated in its title. A vote on all ordinances and resolutions shall be taken by a roll call vote and entered in the minutes unless it is a unanimous vote. If the vote is unanimous, it shall be necessary only to so state in the minutes, unless a roll call vote is required by law or by Council rules. All ordinances when legally enacted shall be recorded by the clerk in a book to be called "The Ordinance Book", and placed in the Code of Ordinances manual. It shall be the duty of the mayor and the clerk to authenticate such record by their official signatures. 4. Roll Call In all roll call votes, the names of the members of the Council shall be called in alphabetical order. With each successive vote, the next member on the list shall be called first. The Mayor shall be called last to cast his/her vote. 5. Duty to Vote Election to a deliberative body carries with it the obligation to vote. Council Members present at a Council meeting shall vote on every matter before the body, unless otherwise excused or prohibited from voting by law. A Council Member who is present and does not respond to a roll call vote shall be counted as voting with the prevailing side and shall be so recorded, unless otherwise excused or prohibited by law from voting (abstaining). Conflict of interest, as defined by law, shall be the sole reason for a member to abstain from voting. A Council member is duty bound to announce all conflicts of interest. The remaining members shall decide if the conflict requires the member to abstain from voting. The right to vote is limited to the members of Council present at the time the vote is taken. Voting by proxy or by telephone is not permitted. All votes must be held and determined in public; no secret ballots are permitted. 6. Rules of Voting A majority of the members of the council shall be a quorum for the transaction of business. Every ordinance and resolution shall be adopted or passed by the affirmative vote of at least three members of the council. Unless by the affirmative vote of at least three members of the council, no office shall be created or abolished, no tax or assessment be imposed, street, alley or public ground be vacated, real estate or any interest therein be sold or disposed of, private property be taken for public use, any vote of the council be reconsidered or rescinded at a special meeting, nor any money appropriated, except as otherwise provided by the City Charter. No member of the council shall vote on any question in which he is financially interested or any question concerning his own official conduct; but on all other questions every member of the council present shall vote. All votes shall be by "Yeas" and "Nays". On all votes which are not unanimous, the vote of each member shall be recorded by roll call and published in the regular proceedings, but where the vote is unanimous„ it shall only be necessary to so state. The council shall determine the rules of its proceedings, and keep a journal thereof in the English language, which shall be signed by the city clerk. A synopsis of each council meeting shall be published within two weeks in a legal newspaper printed and circulated in the city, selected by the council, but each item of business shall be condensed to a statement of its substance by the clerk, under direction of the council unless otherwise provided by charter, or the general laws of the state, and except that any pertinent points of any resolution or motion shall not be omitted, nor any vote of the council; provided, that if there be no newspaper published in the city, publication of the proceedings shall not be required. 7. Results of Voting In all cases where a vote is taken, the chair shall declare the result. It shall be in order for any Council Member voting in the majority to move for a reconsideration of the vote on any question at that meeting or at the next succeeding meeting of the Council. When a motion to reconsider fails, it cannot be renewed. E. ADDRESSING THE COUNCIL 1. General Each regular Council meeting agenda shall provide for reserved time for public comment. The presiding officer shall have discretion to allow a member of the public to speak at times other than reserved time for public comments. 2. Length Of Presentation - Any person who addresses the Council during a Council meeting or public hearing shall be limited to 3 minutes per individual presentation. The Clerk will maintain the official time and notify the presiding officer when the speaker's time is up. The presiding officer shall have the authority to extend the time any person has to speak. 3. Addressing The Council When addressing the Council the member of the public shall state their name and home address prior to their comments. Remarks from the public shall be confined to the question at hand and addressed to the chair in a courteous tone. No person shall have the right to speak more than once on any particular subject without the consent of the presiding officer and until all other persons wishing to be heard on that subject have had the opportunity to speak. Statements during the public comment portion of the meeting may pertain to items not on the agenda. F. MISCELLANEOUS 1. Mayor / Mayor Pro-Tem The council shall at its first meeting following the regular city election, choose one of its members mayor, who shall hold office at the will of the council. A mayor pro tem shall be chosen in the same manner and under the same conditions. In the event of the death, resignation or removal of the mayor, the council shall choose another of its members mayor at the next regular meeting. The mayor shall be the official head of the city for the service of process and the entitlement of actions for all ceremonial purposes, and for the purposes of military law. He shall preside at all meetings of the council, and may speak and vote in such meetings as any other member of the council. 2. Vacancy On Council Any vacancy on the council shall be filled by appointment by a majority of the remaining members of the council; any vacancy in any other elective office and every office to be filled by appointment by the council shall be filled by the affirmative vote of three members of the council until the next regular city election. Any officer appointed by the council may be removed by the affirmative vote of three members of the council, except as otherwise provided by charter. 3. Oath Of Office Notice of the election or appointment of any officer of the city, and the requirement of any official bond to be given by any officer, shall be given him by the city clerk within five days after election or appointment. If within ten days from the date of notice, such officer shall not take, subscribe and file with the clerk his oath of office, or shall not execute and file with the clerk the required bond, such neglect shall be deemed a refusal to serve and the office shall thereupon be deemed vacant, unless the council shall extend the time in which such officer may qualify as above set forth. Council members shall be sworn -in at the first scheduled Council meeting following the election. 4. Adoption And Amendment Of Rules Of Procedure These rules of procedure of the Council will be placed on the agenda of the first meeting of the Council following each City Council election for review and adoption. The Council may alter or amend its rules at any time by a vote of a majority of its members after two -weeks' notice has been given of the proposed alteration or amendment. 5. Suspension Of Rules The rules of the Council may be suspended for a specified portion of a meeting by an affirmative vote of two-thirds of the members present except that Council actions shall conform to state statutes and to the Michigan and the United States Constitutions. 6. Committees The Mayor shall appoint all members to committees of the Council unless otherwise provided by ordinance or law. The committee's Liaison member shall serve until the next City Council election. The Mayor or Council by resolution may establish special committees for a specific period of time. The resolution or appointment must specify the task of the special committee and the date of its dissolution. 7. Task Forces The Council by resolution may establish citizen task forces. The resolution must specify the topic of the task force and the date of its dissolution. Members must be residents of the City. Members shall be removed and vacancies will be filled by majority vote of the Council in the same way appointments are made. 8. Adopting The Budget No later than the first Monday in June, the Council shall, by resolution, adopt the budget for all municipal expenditures for the next fiscal year and such resolution shall provide for a levy of the amount to be raised by taxation, which shall not exceed two percent of all real and personal property subject to taxation in the city. Upon adoption of the annual tax levy, a tax roll shall be prepared before the twentieth day of June. The taxes thus assessed shall become at once a debt to the city from the persons to whom they are assessed, and the amount, together with all charges thereon, shall on the first day of July become a lien on the property assessed, of the same character and effect as the lien created by general law for state and county taxes, until paid. 9. Roles Operation of the city government shall be divided into two broad general divisions, policy forming and administrative. It shall be the duty of the city council to pass such legislation of the government; and to hire a city manager who shall carry out such policies, and, in general, be charged with and responsible for all administrative duties. It shall be the duty of every member of the council and every candidate for a seat on the Council to preserve this distinction between the policy forming and administrative functions of the city government. In order to secure the efficiency of the city government insofar as possible under this plan and to prevent embarrassment of the city manager in his administrative duties, therefore, the following provisions shall be observed: I . No candidate for a seat on the council shall promise employment to any person, the letting of any contract, or the purchase of any equipment or supplies, or promise any other favor, or emolument or expenditure of the city for the purpose of securing votes, but this provision shall be held to apply to any promise which any candidate for a seat on the council may make regarding the advancement or consummation of any public improvement, the passage of any legislation, or any other question of public policy within the authority of the council. 2. Except for purpose of inquiry, the council and its members shall deal with the administrative service for which the manager is responsible solely through the manager, and neither the council nor any member thereof shall give orders to any subordinate employee of the city, either publicly or privately; neither shall any member of the council direct or request: (a) the appointment of any person to, or the removal of any person from, any employment or office for which the city manager is responsible; (b) the purchase of any specific materials or equipment; or (c) the recommendation of any specific firm or person for the letting of a city contract. It is not the intention of this provision to prevent frank discussion of the business of the city between the manager and any member of the council at any time, but to prevent the personal favoritism or prejudice of any member of the council from hampering the administration of the city as above set forth. 10. City Documents/Emails City documents & emailed documents are property of the City of Grayling. Employees have access to these documents on a daily basis. In no circumstance does the Employee have the right to discuss or give out copies of documents or emailed documents to any member of the public. If a person of:the public wishes to see a City document or email, they must submit a FOIA request to the City Clerk. H. CODE OF CONDUCT This Code of Conduct is designed to describe the manner in which Council Members should treat one another, City staff, constituents, and others they come into contact with in representing the City of Grayling. The constant and consistent theme through all of the conduct guidelines is "respect." Council Members experience huge workloads and tremendous stress in making decisions that could impact thousands of lives. Despite these pressures, elected officials are called upon to exhibit appropriate behavior at all times. Demonstrating respect for each individual through words and actions is a touchstone that can help guide Council Members to do the right thing in even the most difficult situations. A. OVERVIEW OF ROLES AND RESPONSIBILITIES Other resources that are helpful in defining roles and responsibilities of elected officials can be found in the resources from organizations such as the Michigan Municipal League (MML) and International City Management Association (ICMA). 1. Mayor a. Acts as the official head of the City for all ceremonials purposes b. Chairs Council meetings c. Calls for special meetings d. Recognized as spokesperson for the City e. Selects substitute for City representation when Mayor cannot attend f. Makes judgment calls on proclamations, Special Orders of the Day, etc. g. Recommends subcommittees as appropriate for Council approval h. Leads the Council into an effective, cohesive working team i. Serves as official delegate of the City 2. Mayor Pro -Tern a. Performs the duties of the Mayor if the Mayor is absent or disabled b. Chairs Council meetings at the request of the Mayor c. Represents the City at ceremonial functions at the request of the Mayor 3. All Council Members All members of the City Council, including those serving as Mayor and Mayor Pro-Tem, have equal votes. No Council Member has more power than any other Council Member, and all should be treated with equal respect. All Council Members should: a. Fully participate in City Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others b. Prepare in advance of Council meetings and be familiar with issues on the agenda c. Represent the City at ceremonial functions at the request of the Mayor d. Be respectful of other people's time. Stay focused and act efficiently during public meetings. e. Serve as a model of leadership and civility to the community f. Inspire public confidence in Grayling government g. Provide contact information with the City Clerk in case an emergency or urgent situation arises while the Council Member is out of town h. Demonstrate honesty and integrity in every action and statement i. Participate in scheduled activities to increase team effectiveness and review Council procedures, such as this Code of Conduct 4. Meeting Chair The Mayor will chair official meetings of the City Council, unless the Mayor Pro-Tem or another Council Member is designated as Chair of a specific meeting. a. Maintains order, decorum, and the fair and equitable treatment of all speakers b. Keeps discussion and questions focused on specific agenda item under consideration c. Makes parliamentary rulings with advice, if requested, from the City Attorney who acts as an advisory parliamentarian. Chair rulings may be overturned if a Council Member makes a motion as an individual and the majority of the Council votes to overrule the Chair. 5. Former Council Members Past members of the City Council who speak to the current City Council about a pending issue should disclose who they are speaking on behalf of (individual or organization). B. POLICIES AND PROTOCOL RELATED TO CONDUCT 1. Ceremonial Events Requests for a City representative at ceremonial events will be handled by City staff. The Mayor will serve as the designated City representative. If the Mayor is unavailable, then City staff will determine if event organizers would like another representative from the Council. If yes, then the Mayor will recommend which Council Member should be asked to serve as a substitute. Invitations received at City Hall are presumed to be for official City representative. Invitations addressed to Council Members at their homes are presumed to be for unofficial, personal consideration. 2. Correspondence Signatures Council Members do not need to acknowledge the receipt of correspondence, or copies of correspondence, during Council meetings. City staff will prepare official letters in response to public inquiries and concerns. These letters will carry the signature of the Mayor unless the Mayor requests that they be signed by another Council Member or City staff. If correspondence is addressed only to one Council Member, that Council Member should check with staff on the best way to respond to the sender. 3. Endorsement of Candidates Council Members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention endorsements during Council meetings or other official City meetings. 4. Legislative Process The City uses parliamentary procedure for meeting management. 5. Public Announcements in Council Meetings Council Members who want to speak first during the Public portion of the Council meeting should notify the Chair in advance. Otherwise, Council Members will be recognized when the Chair acknowledges them. Council Members, like members of the public who use this portion of the agenda to recognize achievements or promote an event, will be limited to 3 minutes each and should keep the focus on matters of.community- wide interest. 6. Public Meeting Hearing Protocol The applicant or appellant shall have the right to speak first. The Chair will determine the length of time allowed for this presentation. Speakers representing either pro or con points of view will be allowed to follow. The Chair will determine how much time will be allowed for each speaker, with 3 minutes the standard time granted. The applicant or appellant will be allowed to make closing comments. The Chair has the responsibility to run an efficient public meeting and has the discretion to modify the public hearing process in order to make the meeting run smoothly. Council Members will not express opinions during the public hearing portion of the meeting except to ask pertinent questions of the speaker or staff. "I think" and "I feel" comments by Council Members are not appropriate until after the close of the public hearing. Council Members shall refrain from arguing or debating with the public during a public hearing and shall always show respect for different points of view. Main motions may be followed by amendments, followed by substitute motions. Any Council Member can call for a point of order. Only Council Members who voted on the prevailing side may make motions to reconsider. Council Members who desire to make the first motion on issues which they feel strongly about should discuss their intention with the Chair in advance of the Council meeting. 7. Travel Expenses The policies and procedures related to the reimbursement of travel expenses for official City business by Council Members are outlined in the City Policy. All Council travel in excess of the allowed budget, in which the Council Member expects to officially represent the City and/or be reimbursed by the City for travel costs, must be approved in advance by the Council. The travel policy and budget for Council shall be, reviewed at each annual budget cycle. C. COUNCIL CONDUCT WITH ONE ANOTHER Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even as Council may "agree to disagree" on contentious issues. 1. In Public Meetings a. Use Formal Titles The Council should refer to one another formally during public meetings as Mayor, Mayor Pro-Tem or Council Member followed by the individual's last name. b. Practice Civility and Decorum in Discussions and Debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not allow, however, Council Members to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be tolerated. c. Honor the Role of the Chair in Maintaining Order It is the responsibility of the Chair to keep the command of Council Members on track during public meetings. Council Members should honor efforts by the Chair to focus discussion on current agenda items. If there is disagreement about the agenda or the Chair's actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure. d. Avoid Personal Comments that Could Offend Other Council Members If a Council Member is personally offended by the remarks of another Council Member, the offended Council Member should make notes of the actual words used and call for a "point of personal privilege" that challenges the other Council Member to justify or apologize for the language used. The Chair will maintain control of this discussion. e. Demonstrate Effective Problem -Solving Approaches Council Members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. 2. In Private Encounters a. Continue Respectful Behavior In Private The same level of respect and consideration of differing points of view that is.deemed appropriate for public discussions should be maintained in private conversations. b. Be Aware of The Insecurity of Written Notes, Voicemail Messages, and E-mail Technology allows words written or said without much forethought to be distributing wide and far. Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message was played on a speaker phone in a full office? What would happen if this e-mail message was forwarded to others? Written notes, voicemail messages and e-mail should be treated as potentially "public" communication. c. Even Private Conversations Can Have A Public Presence Elected officials are always on display — their actions, mannerisms, and language are monitored by people around them that they may not know. Lunch table conversations will be eavesdropped upon, parking lot debates will be watched, and casual comments between individuals before and after public meetings noted. D. COUNCIL CONDUCT WITH CITY STAFF Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff, who implement and administer the Council's policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. 1. Treat All Staff As Professionals Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. 2. Limit Contact To Specific City Staff Questions of City staff and/or requests for additional background information should be directed only to the City Manager, or in limited situations Department Heads. The Office of the City Manager should be copied on any request. Requests for follow-up or directions to staff should be made only through the City Manager when appropriate. When in doubt about what staff contact is appropriate, Council Members should ask the City Manager for direction. Materials supplied to a Council Member in response to a request will be made available to all members of the Council so that all have equal access to information. 3. Do Not Disrupt City Staff From Their Job. Council Members should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. 4. Never Publicly Criticize An Individual Employee Council should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee's manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversation. 5. Do Not Get Involved In Administrative Functions Council Members must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. 6. Check With City Staff On Correspondence Before Taking Action Before sending correspondence, Council Members should check with the City staff to see if an official City response has already been sent or is in progress. 7. Do Not Attend Meetings With City Staff Unless Requested By Staff. Even if the Council Member does not say anything, the Council Member's presence implies support, shows partiality, intimidates staff, and hampers staff's ability to do their job objectively. S. Limit Requests For Staff Support Requests for additional staff support — even in high priority or emergency situations — should be made to the City Manager who is responsible for allocating City resources in order to maintain a professional, well -run City government. 9. Do Not Solicit Political Support From Staff Council Members should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. E. COUNCIL CONDUCT WITH THE PUBLIC 1. In Public Meetings Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of individual Council Members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. a. Be Welcoming To Speakers And Treat Them With Care And Gentleness "I give many public presentations so standing up in front of a group and using a microphone is not new to me. But I found that speaking in front of Council was an entirely different experience. I was incredibly nervous and my voice was shaking. I think the reason was because the issue was so personal to me. The Council was going to take a vote that would affect my family's daily life and my home. I was feeling a lot of emotion. The way that Council treats people during public hearings can do a lot to make them relax or to push their emotions to a higher level of intensity." b. Be Fair And Equitable In Allocating Public Hearing Time To ,Individual Speakers "The first thing the Mayor said to me was to be brief because the meeting was running late and the Council was eager to go home. That shouldn't be my problem. I'm sorry my item was at the end of the agenda and that there were a lot of speakers, but it is critically important to me and I should be allowed to say what I have to say and believe that the Council is listening to me." The Chair will determine and announce limits on speakers at the start of the public hearing process. Generally, each speaker will be allocated three minutes with applicants and appellants or their designated representatives allowed more time. If many speakers are anticipated, the Chair may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers. No speaker will be turned away unless he or she exhibits inappropriate behavior. Each speaker may only speak once during the public hearing unless the Council requests additional clarification later in the process. After the close of the public hearing, no more public testimony will be accepted unless the Chair reopens the public hearing for a limited and specific purpose. c. Give The Appearance Of Active Listening It is disconcerting to speakers to have Council Members not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time gazing around the room gives the appearance of disinterest. Be aware of facial expressions, especially those that could be interpreted as "smirking," disbelief, anger or boredom. d. Ask For Clarification, But Avoid Debate And Argument With The Public Only the Chair — not individual Council Members — can interrupt a speaker during a presentation. However, a Council Member can ask the Chair for a point of order if the speaker is off the topic or exhibiting behavior or language the Council Member finds disturbing. If speakers become flustered or defensive by Council questions, it is the responsibility of the Chair to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by Council Members to members of the public testifying should seek to clarify or expand information. It is never appropriate to belligerently challenge or belittle the speaker. Council Members' personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing is closed. e. No Personal Attacks Of Any Kind, Under Any Circumstance Council Members should be aware that their body language and tone of voice, as well as the words they use, can appear to be intimidating or aggressive. f. Follow Parliamentary Procedure In Conducting Public Meetings The City Attorney serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. Final rulings on parliamentary procedure are made by the Chair, subject to the appeal of the full Council. 2. In Unofficial Settings a. Make No Promises On Behalf Of The Council Council Members will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise Council action, or to promise City staff will do something specific (fix a pothole, remove a library book, plant new flowers in the median, etc.). b. Make No Personal Comments About Other Council Members It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other Council Members, their opinions and actions. c. Remember That Grayling Is A Small Town Council Members are constantly being observed by the community every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the City of Grayling. Honesty and respect for the dignity of each individual should be reflected in every word and action taken by Council Members, 24 hours a day, seven days a week. It is a serious and continuous responsibility. F. COUNCIL CONDUCT WITH OTHER PUBLIC AGENCIES 1. Be Clear About Representing The City Or Personal Interests If a Council Member appears before another governmental agency or organization to give a statement on an issue, the Council Member must clearly state: 1) if his or her statement reflects personal opinion or is the official stance of the City; 2) whether this is the majority or minority opinion of the Council. If the Council Member is representing the City, the Council Member must support and advocate the official City position on an issue, not a personal viewpoint. If the Council Member is representing another organization whose position is different from the City, the Council Member should withdraw from voting on the issue if it significantly impacts or is detrimental to the City's interest. Council Members should be clear about which organizations they represent and inform the Mayor and Council of their involvement. 2. Correspondence Also Should Be Equally Clear About Representation City letterhead may be used when the Council Member is representing the City and the City's official position. A copy of official correspondence should SHALL be given to the City Clerk to be filed in the Clerk's Office as part of the permanent public record. It is best that City letterhead not be used for correspondence of Council Members representing a personal point of view, or a dissenting point of view from an official Council position. However, should Council Members use City letterhead to express a personal opinion, the official City position must be stated clearly so the reader understands the difference between the official City position and the minor viewpoint of the Council Member. G. COUNCIL CONDUCT WITH BOARDS AND COMMITTEES The City has established several Boards and Committees as a means of gathering more community input. Citizens who serve on Boards and Committees become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect. 1. If Attending A Board Or Committee Meeting, Be Careful To Only Express Personal Opinions Council Members may attend any Board or;Committee meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation — especially if it is on behalf of an individual, business, or developer — could be viewed as unfairly affecting the process.' Any public comments by a Council Member at a Board or Committee meeting should be clearly made as individual opinion and not a representation of the feelings of the entire City Council. 2. Limit Contact With Board And Committee Members To Questions Of Clarification It is inappropriate for a Council Member to contact a Board or Committee Member to lobby on behalf of an individual, business, or developer. It is acceptable for Council Members to contact Board or Committee members in order to clarify a position taken by the Board or Commission. 3. Remember That Boards And Committees Serve The Community, Not Individual Council Members The City Council appoints individuals to serve on Boards and Committees, and it is the responsibility of Boards and Committees to follow policy established by the Council. But Board and Committee members do not report to individual Council Members, nor should Council Members feel they have the power or right to threaten Board and Committee members with removal if they disagree about an issue. Appointment and re- appointment to a Board or Committee should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. A Board or Committee appointment should not be used as a political "reward." 4. Be Respectful Of Diverse Opinions A primary role of Boards and Committees is to represent many points of view in the community and to provide the Council with.advice based on a full spectrum of concerns and perspectives. Council Members may have a closer working relationship with some individuals serving on Boards and Committees, but must be fair and respectful of all citizens serving on Boards and Committees. 5. Keep Political Support Away From Public Forums Board and Commission members may offer political support to a Council Member, but not in a public forum while conducting official duties. Conversely, Council Members may support Board and Committee members who are running for office, but not in an official forum in their capacity as a Council Member. 6. Inappropriate Behavior Can Lead To Removal Inappropriate behavior by a Board or Committee member should be noted to the Mayor, and the Mayor should counsel the offending member. H. COUNCIL CONDUCT WITH MEDIA Council Members are frequently contacted by the media for background and quotes. 1. The Best Advice For Dealing With The Media Is To Never Go "Off The Record" Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted. 2. The Mayor Is The Official Spokesperson For The Representative On City Position The Mayor is the designated representative of the Council to present and speak on the official City position. If an individual Council Member is contacted by the media, the Council Member should be clear about whether their comments represent the official City position or a personal viewpoint. 3. Choose Words Carefully And Cautiously Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media. I. SANCTIONS 1. Public Disruption. Members of the public who do not follow proper conduct after a warning in a public hearing may be barred from further testimony at that meeting or removed from the Council Chambers. 2. Inappropriate Staff Behavior Council Members should refer to the City Manager, or to the City Attorney staff who do not follow proper conduct in their dealings with Council Members, other City staff, or the public. These employees may be disciplined in accordance with standard City procedures for such actions. (Please refer to the section on Council Conduct with City Staff for more details on interaction with Staff.) 3. Council Members Behavior And Conduct City Council Members who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Council, lose seniority or committee assignments (both within the City of Grayling or with inter -government agencies) or have official travel restricted. Serious infractions of the Code of Ethics or Code of Conduct could lead to other sanctions as deemed appropriate by Council. Council Members should point out to the offending Council Member infractions of the Code of Ethics or Code of Conduct. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being challenged, then the matter should be referred to the Mayor Pro-Tem. It is the responsibility of the Mayor to initiate action if a Council Member's behavior may warrant sanction. If no action is taken by the Mayor, the alleged violation(s) can be brought up with the full Council in a public meeting. If violation of the Code of Conduct is outside of the observed behaviors by the Mayor or Council Members, the alleged violation should be referred to the Mayor. The Mayor should ask the City Manager and/or the City Attorney to investigate the allegation and report the findings to the Mayor. It is the Mayor's responsibility to take the next appropriate action. These actions can include, but are not limited to: discussing and counseling the individual on the violations; recommending sanction to the full Council to consider in a public meeting; or forming a Council ad hoc subcommittee to review the allegation; the investigation and its findings, as well as to recommend sanction options for Council consideration. Videotaping of the complaint hearing should be used for a Council ad hoc subcommittee. J. PRINCIPLES OF PROPER CONDUCT Proper Conduct IS... ■ Keeping promises ■ Being dependable ■ Building a solid reputation ■ Participating and being available ■ Demonstrating patience ■ Showing empathy ■ Holding onto ethical principles under stress ■ Listening attentively ■ Studying thoroughly ■ Keeping integrity intact ■ Overcoming discouragement ■ Going above and beyond, time and time again ■ Modeling a professional manner Proper Conduct IS NOT... ■ Showing antagonism or hostility ■ Deliberately lying or misleading ■ Speaking recklessly ■ Spreading rumors ■ Stirring up bad feelings, divisiveness ■ Acting in a self-righteous manner K. IT ALL COMES DOWN TO RESPECT! ■ Respect for one another as individuals. ■ Respect for the validity of different opinions. ■ Respect for the democratic process. ■ Respect for the community that we serve. L. CHECKLIST FOR MONITORING CONDUCT ■ Will my decision/statement/action violate the trust, rights, or good will of others? ■ What are my interior motives and the spirit behind my actions? ■ If I have to justify my conduct in public tomorrow, will I do so with pride or shame? ■ How would my conduct be evaluated by people whose integrity and character I respect? ■ Even if My conduct in not illegal or unethical, is it done at someone else's painful expense? Will it destroy their trust in me? Will it harm their reputation? ■ Is my conduct fair? Just? Morally right? ■ If I were on the receiving end of my conduct, would I approve and agree, or would I take offense? ■ Does my conduct give others reason to trust or distrust me? ■ Am I willing to take an ethical stand when it is called for? Am I willing to make my ethical beliefs public in a way that makes it clear what I stand for? ■ Do I exhibit the same conduct in my private life as I do in my public life? ■ Can I take legitimate pride in the way I conduct myself and the example I set? ■ Do I listen and understand the views of others? ■ Do I question and confront different points of view in a constructive manner? ■ Do I work to resolve differences and come to mutual agreement? ■ Do I support others and show respect for their ideas? ■ Will my conduct cause public embarrassment to someone else? Glossary of Terms Attitude: The manner in which one shows one's disposition, opinions, and feelings. Behavior: External appearance or action; manner of behaving; carriage of oneself. Civility: Politeness, consideration, courtesy. Conduct: The way one acts; personal behavior. Courtesy: Politeness connected with kindness. Decorum: Suitable; proper; good taste in behavior. Manners: A way of acting; a style, method or form; the way in which things are done. Point of Order: An interruption of a meeting to question whether rules or bylaws are being broken, such as the speaker has strayed from the motion currently under consideration. Point of Personal Privilege: A challenge to a speaker to defend or apologize for comments that a fellow Council Member considers offensive. Propriety: Conforming to acceptable standards of behavior. Protocol: The courtesies that are established as proper and correct. Respect: The act of noticing with attention; holding in esteem; courteous regard. BUMNFCtbR CITY COUNCIL WELCOME BINDER TABLE OF CONTENTS Tab I New Councilperson Information Sheet Tab 2 Directory of City Boards Liaison Assignments Tab 3 City Administrative Flow Chart and Staff Emergency Contact List Tab 4 City Council Code of Conduct and Public Code of Ethical Conduct Tab 5 Recently Passed Ordinances Tab 6 Recently Passed Resolutions Tab 7 Commission on Ethics Tab 8 Educational Opportunities Electronic Documents — Saved to Flash Drive Anita Williams, Councilwoman — Orientation October 11, 2018 12018 Guide to the Sunshine Amendment and Code of Ethics 22017 Sunshine Manual 3_2013 FLOC Florida Municipal Officials Manual 4—Code of Ordinances thru Supplement #7 52017 Local Government Financial Handbook 6_FY18-19 Line Item Budget -FINAL 7_FY2017_Annual Financial Report_September-30_2017 8_personnelmanual_MASTER_updatedRES2015_36 9_AGR2018-33 FLPBA Police Bargaining Unit Contract 8_13_2018 CITY OF PUNTA GORDA, FLORIDA HANDBOOK FOR CITY COUNCILMEMBERS For your Reference & Information nnnn�nnnnnnnnnnnnnn�nn®nnnnnnnnnnnnc�c�nnnnnnnnnnnnnnn OFFICE OF THE CITY CLERK 1996 REVISED 1998 REVISED 2000 REVISED 2008 f Table of Contents 1. INTRODUCTION Welcome Letter from the City Clerk i Mission Statement ii 2. MUNICIPAL GOVERNMENT Council -Manager Government 1 The Municipal Charter 3 Municipal Home Rule Powers 5 Government in the Sunshine 7 3. CITY COUNCIL MEETINGS Meeting Procedures 10 CRA Bylaws 12 Ordinances, Resolutions and Special Exceptions 17 4. BOARDS AND COMMITTEES Relationship to Ad -Hoc Committees 18 Listing of Ad -Hoc Boards and Committees 19 Special Boards and Committees 20 5. FINANCE/PROCUREMENT City of Punta gorda Budget 22 Formal Bid Process 23 6. DEPARTMENTS Functions 25 Organizational Chart 28 Office of the City Clerk 29 7. MISCELLANEOUS Frequently Used Acronyms 31 OFFICE OF THE CITY CLERK (941)575-3369 November, 2008 To: Newly Elected City Councilmembers On behalf of the City of Punta Gorda, my staff and I would like to officially welcome you to the City in your new role as City Councilmember. Punta Gorda has a long, rich history and we have come very far since December of 1887 when our first City Council drafted incorporation papers. Although we look different, our commitment continues in making Punta Gorda a wonderful place to live and work. Now you can be an active part of this exciting process! This handbook is designed for your use and reference during your tenure as Councilmember. We will also provide you with a Code of Ordinance book and a City Charter. There is so much to read and learn, please do not hesitate to request information or assistance - we are here to serve you. I would like to have the opportunity to discuss general office procedure matters with you at your earliest convenience. Since all Councilmembers have varied schedules, we would like to determine how we could best accommodate you. The Florida League of Cities sponsors an Institute for Elected Municipal Officials at various locations during the year, which you may find beneficial. We will inform you of the location and dates when they are made available. Again, welcome to the City of Punta Gorda! Sincerely, Sue Foster, CMC City Clerk CITY OF PUNTA GORDA, FLORIDA MISSION STATEMENT "Promote the unique character and environment of Punta Gorda while enhancing property values and advancing the quality of life." OUR GOALS: 1. Preserve, enhance and advance the natural resources of Punta Gorda. 2. Retain and expand businesses and develop diversity of the economic base of the City. 3. Foster and advance the unique character of Punta Gorda. 4. Improve the quality and level of communication between City government, citizenry and other governmental entities. 5. Increase City Council's awareness of need to prioritize projects and tasks based on their impact to the City's mission and resources available to accomplish them in the desired time frame. 6. Ensure a professional and safe environment for City employees. 7. Maintain fiscally responsible decision -making by Council and staff. 8. Promote security, safety and health by providing services that maintain a high quality of life for the citizens of Punta Gorda. f COUNCIL - MANAGER GOVERNMENT The City of Punta Gorda's Charter states that the City of Punta Gorda shall function under the Council -Manager form of government. What Does That Mean? We all know the history of our federal government, but the history of municipal government is not a subject of widespread study. There are four basic forms of municipal government today: council -weak mayor; council -strong mayor; commission and council-manager. The council-manager form of government is considered one of the key elements in twentieth-century municipal reform based on the premise that a strong and non -political executive office should handle the administration of the municipal government. This has become a very popular system of government in thousands of American cities. It is easily understood by those familiar with the business world as well, as it is similar to the prototype of a business corporation. Please use this illustration as an example: The voters (stockholders) elect the Council (board of directors), including the Mayor (chairman of the board) which in turn, appoints the Manager (chief administrative officer). What does the CITY MANAGER do as "chief administrative officer"? He supervises and coordinates the various City departments, appoints and removes the directors of those departments, prepares the budget for the Council's consideration and makes reports and recommendations to the Council. All department heads report to the City Manager. What does the MAYOR do as "chairman of the board"? The Mayor, who is appointed by City Council, presides over all Council meetings, (regular and special) as the Vice Mayor will do in the Mayor's absence. This means he must know the basic operations of parliamentary procedure, rules for citizens' comments and other procedural etiquette. • The Mayor serves as the ceremonial head of the City and while the Mayor is an important political figure, he has little, if any, decision making role in the day-to-day administration of City government. ** Editor's Note: To avoid lengthy references, the masculine pronoun "he" will be used when the gender of the antecedent is unknown. - 1 - What is the function of the City Council? The Council's main functions may be categorized in the following: • Passage of Local Laws • Determination of Policy • Supervision of Administration • Selection of a City Manager • Council Appointments PASSAGE OF LOCAL LAWS: This function flows directly from the authority granted the Council by the voters. who elected them. The review and adoption of ordinances by Council establish the rules by which all Council actions, staff work and appointed boards should be governed. DETERMINATION OF POLICY: This is the process of deciding what is to be done. The Council should not confuse this with how a program is to be administered, which is the job of the City Manager. In its simplest terms WHAT TO DO is policy making, HOW TO DO IT is administration. SUPERVISION OF ADMINISTRATION: If a Councilmember should have a complaint about a specific policy, he should not go to the department head but rather the City Manager. A Councilmember is certainly welcome to make inquiries to a department head or employee, but should not give an operational directive to any City employee except the City Manager, City Attorney or City Clerk. The City Manager serves at the pleasure of the Council. The Council should develop a working relationship with the City Manager by seeing that the Manager has the chance to administer policy properly and to evaluate administrative accomplishments. Should the office of City Manager become vacant, it is the City Council's responsibility to fill the office with the person best suited and most qualified to do the job. The City Council may establish any procedure it desires to select a City Manager. COUNCIL APPOINTMENTS: The City Council shall appoint a City Attorney and City Clerk to carry out the duties stated in the City Charter. Both the City Attorney and City Clerk serve at the pleasure of Council and they are to advise both the City Council and the entire City staff/administration on matters within their area of expertise. The City Council may also appoint citizens to any of the various advisory boards serving the City. -2- THE MUNICIPAL CHARTER The Charter Is An Essential And Fundamental Element Of The City. It contains the basic provisions for the organization of our government. According to the National Municipal League, a good charter is one which "...sets before the citizens a clear picture of their own responsibilities and powers, and before the officials and employees a statement of their duties and mutual interrelations." The Charter must originate within the community and must be formally approved by the citizens as represented by a majority of the registered voters of the community. The charter is, in a sense, the statement from the residents regarding the extent and form of government which they desire. Highlights Of Information Contained in our Charter. • An explanation of the City's form of government • Composition of Council • Procedures regarding vacancies in Council membership • The City Manager's powers and duties • Fiscal Year and Budget/City Finances • Personnel issues • Election requirements, Initiative, Referendum and Recall • Streets and Public Grounds • Franchises • General provisions, including investigation procedures, contracts, publicity of records, personal interests, official bonds and oath of office - 3 - How is the Charter Amended? Florida Statute, Chapter 166 governs the general provisions for charter amendments. It states as follows: FS 166.031 CHARTER AMENDMENTS. — "The governing body of a municipality may, by ordinance, or the electors of a municipality may, by petition signed by ten percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part of or to all of said charter except that part describing the boundaries of such municipality. The governing body of the municipality shall place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose." The Charter then, may be amended from time to time. The City's Charter presently calls for a Charter review to occur every six years beginning in the year 2010. In the past the City has organized a Charter Review Committee to review the contents of the Charter. The City Clerk has the previous minutes available in her office if you care to review them. Please read the Charter and become very familiar with it, and feel free to ask questions for clarification. The Charter, more than anything else, is your guidebook to the way the City of Punta Gorda shall be governed and it has been ratified by the citizens of Punta Gorda. -4- MEETING PROCEDURES City Council meetings are held the first and third Wednesdays of every month, at 9:00 a.m. In addition to the regular City Council meetings, the Council also serves on the Community Redevelopment Agency (CRA) which consists of the City Council and two appointed citizen representatives recommended by the Charlotte County Board of Commissioners. The CRA convenes during the first regular meeting of every month. The bylaws of the CRA are included in this booklet. Rules of Procedure Section 10 of the City Charter defines the Rules of Procedure and journal. It states: "The Council shall determine its own rules and order of business. It shall keep a journal of its proceedings and the journal shall be open to public inspection and shall reside in the Office of the City Clerk..." The interpretation therefore is generally accepted that strict adherence to Robert's Rules of Order is not necessarily required; however, they should be used as a guideline to effectuate an orderly meeting progress. Quorum/Motions/Votes Without quorum, only the following business may be conducted. • Take measures to obtain a quorum • Fix the time the group will meet again • Recess • Adjourn Section 8 of the City Charter states that a majority of all the members elected to the Council shall constitute a quorum. The affirmative vote of at least three (3) members shall be necessary to enact an ordinance or adopt any resolution. Abstention Florida Law stipulates that no member of any governmental body may abstain from voting unless there is applicable conflict of interest under the law. -10- Handling of a Motion 1. Member makes motion "I move that (or to") ..... 2. Another member seconds the motion "I second the motion." Or "Second". If a second is needed and none is forthcoming, the Mayor should ask "Is there a Second to the motion?" If there is no Second, the Mayor announces "As there is no Second, the motion is not before this meeting", (or more informally), "The motion dies for lack of Second." 3. The Mayor states the question on the motion. "It has been Moved (and Seconded) that (repeat motion)." 4. Councilmembers may then debate or amend the motion if desired. 5. Mayor puts the question to a vote. "The question is on the approval of the motion that (repeat motion or clearly define it). All those in favor signify by (aye). All those opposed signify by (nay). 6. Mayor announces voting result and effect. 7. The Mayor, presiding as the Chairman of the meeting, may not make a motion or action unless he relinquishes the Chair by passing the "gavel" to the Vice Mayor or another Councilmember. Absence from Meetinas Section 1 1 states willful absence from four consecutive regular meetings effectuates the forfeiture of office for that member, unless such absence is excused by resolution setting forth the facts of the absences. The Mayor shall announce the absence of a member before the roll call and pronounce it excused if the Councilmember has notified the Clerk's Office of such absence. - 11 - PUNTA GORDA COMMUNITY REDEVELOPMENT AGENCY OPERATIONAL BYLAYS JANUARY1991 REVISED SEPTEMBER 18, 1991 REVISED AUGUST 2, 1995 CREATION AND GENERAL PROVISIONS A. Name: The name of the agency shall be the Punta Gorda Redevelopment Agency and hereafter referred to as the "Redevelopment Agency". (Ref. Resolution 954-89, Section 1). B. Office Location: The principle office of the Redevelopment Agency shall be maintained at the Punta Gorda City Hall, 326 West Marion Avenue, Punta Gorda, Florida. C. Public Record: All documents, records and meeting minutes of the Redevelopment Agency shall be maintained in the office of the City Clerk of the City of Punta Gorda at the office address listed above and shall be open to the public for inspection in accordance with laws of the State of Florida. D. Purpose: The purpose of the Redevelopment Agency shall be to take such actions necessary to rehabilitate, conserve, or redevelop, or any combination thereof, redevelopment area as described in exhibit "A" of Resolution 952-89 of the City of Punta Gorda, Florida. (Ref. Resolution 955-89) II. MEMBERSHIP AND OFFICES A. Number of Members: The Redevelopment Agency shall consist of no more than seven (7) voting members, five (5) of which shall be made up of the current members of the Punta Gorda City Council, plus two (2) members recommended by the Charlotte County Commission to be approved by City Council. All such members shall serve without compensation, but may be reimbursed for any travel, mileage or per diem costs incurred while carrying out the duties and responsibilities of a Redevelopment Agency member. (Ref. Resolution 955-89, Section 2) B. Terms and Service: The five (5) members of the Redevelopment Agency serving as City Councilmembers shall have terms of service running concurrent with their terms on City Council. The two (2) County representatives shall serve terms of four (4) years, except that one (1) of the original representatives shall serve for (2) years commencing on January 1, 1990. C. Chairman and Vice Chairman: The offices of the Redevelopment Agency shall be Chairman and Vice Chairman, who shall be the Mayor and Vice Mayor of the City of Punta Gorda respectively. The Chairman shall preside -12- at all meetings of the Redevelopment Agency, shall execute all instruments in the name of the Redevelopment Agency, shall appoint such committees from time to time as may be deemed appropriate and shall perform all other duties as may be required. The Vice Chairman shall, in the absence, disqualification or disability of the Chairman, or at the Chairman's direction, exercise all the functions of the Chairman's office. D. Executive Director and staff: The Executive Director of the Redevelopment Agency shall be the City Manager of the City of Punta Gorda, Florida. Additional staff support will be provided by the City as necessary under the City Manager's direction. E. Legal Counsel: The City Attorney of the City of Punta Gorda, Florida shall serve as legal counsel for the Redevelopment Agency. Recording Secretary: The City Clerk of the City of Punta Gorda, Florida shall serve as the recording secretary of the Redevelopment Agency, and shall record all actions of the agency. Ill. MEETINGS A. Regular Meetings: The Redevelopment Agency shall meet during the {first} regularly scheduled {monthly} meeting of the Punta Gorda City Council which currently is held on the first Wednesday of each month beginning at 9:00 a.m. in City Council Chambers, 326 West Marion Avenue, Punta Gorda, Florida. Note: These amendments made by CRA action on September 4, 1991. B. Special Meetings: In addition to regularly scheduled meetings, special meetings of the Redevelopment Agency may be called for any purpose or purposes, at any place, at any time by call of the Chairman, Executive Director or any three other members. Notice of special meetings shall be given as soon as possible to the Redevelopment Agency members, and reasonable public notice, consistent with circumstances shall be given. C. Public Meetings: In accordance with the laws of the State of Florida, all business of the Redevelopment Agency shall be conducted at public meetings. No member of the Redevelopment Agency shall conduct or discuss business of the agency with any other member of the agency except upon reasonable notice to the public of such meetings. D. Quorum: A majority of the members of the Redevelopment Agency shall constitute a quorum. E. Adjourned Meetings: If,any meeting cannot be organized because a quorum is not present, the members who are present may adjourn to a certain time. Notice of such adjourned meeting shall be given to each Redevelopment Agency member as soon as possible and reasonable public notice, considering the circumstances shall be given. - 13 - IV. MEETING PROCEDURE AND AGENDA A. Agenda: The Executive Director shall cause a meeting agenda and any necessary staff reports to be prepared and distributed to the members of the Redevelopment Agency prior to any regularly scheduled meetings. The Chairman may, for reasons stated to all in attendance at the meeting, vary from the order of the agenda. Items may be added to or removed from the agenda by an affirmative vote of a majority of the members present. B. Procedure: The Chairman shall call each agenda item and briefly describe, or ask a member of the City staff to describe the item before the Redevelopment Agency. if the item under discussion was submitted by some outside person or agency, the applicant or agent for the applicant will be given an opportunity to present his or her position. C. Motions: If appropriate, following the completion of discussion on a particular item, a motion with a second may be entertained by the Chairman which will describe what the action shall be or expenditure of redevelopment trust funds being recommended. Reasons for the motion and any special concerns about the item being discussed shall be included in the record of the meeting. The Chairman shall not make or second motions, but shall vote on all motions properly seconded and deemed in order. D. Robert's Rules: The rules contained in the edition of Robert's Rules of Order shall govern the CRA in all cases to which they are not inconsistent with these bylaws and any special rules of order the CRA may adopt. V. DUTIES AND RESPONSIBILITIES A. Plan Implementation: The Redevelopment Agency shall be responsible for implementing the policies, projects and programs contained in the Punta Gorda Downtown Redevelopment Plan. B. Specific Powers: The Redevelopment Agency shall possess all powers necessary and convenient to carry out and effectuate the purposes and provisions of the Community Redevelopment Act of 1969 and the Punta Gorda Downtown Redevelopment Plan. The agency's primary function is to obtain, analyze and forward all information and recommendations to the City Council for final action. Specifically, the Redevelopment Agency shall have a responsibility for the following duties: 1. Determination of an area as being a slum or blights for community redevelopment activities; 2. Approval of the community redevelopment plan and the modifications; 3. Assumption of debt; 4. Issuance of revenue bonds: -14- 5. Acquisition, disposal and redevelopment of property in a slum or blighted area; 6. Demolition and removal of buildings and improvements; 7. Installation of streets, utilities, parks, playgrounds and other improvements necessary for implementing redevelopment plans; 8. Development and disposition of all property in the designation area; 9. Carrying out programs of voluntary and/or compulsory repair and rehabilitation of buildings and other improvements; 10. Acquisition of property for repair or rehabilitations of homes and living units; 11. Elimination of any unhealthy, unsanitary or unsafe conditions via use of police powers or eminent domain; 12. Acquisition of air rights in the redevelopment area and the construction of platforms for the development of residential or commercial uses; 13. Enter into a contract with any firm to carry out the actions contained in this list; 14. Gain entrance into any building or property in order to inspect, survey, appraise, etc. the property; and 15. Execution of all other duties as defined in Section 163.370 of the Florida Statutes. C. Annual Project Status Report: The Redevelopment Agency shall cause to be published on or before July 1511 of each year an annual project status report highlighting the revitalization activities carried out in the redevelopment district during the previous calendar year. VI. FISCAL MANAGEMENT A. Fiscal Year: The fiscal year of the Redevelopment Agency shall begin on October 151 of each year. B. Budget: The Redevelopment Agency shall prepare, prior to July 1,1 of each year, a recommended budget for forwarding to the City Council of the. City of Punta Gorda. After approval by the City Council, the City Finance Officer shall appropriate to the Redevelopment Agency Accounts from the Redevelopment Trust Fund such funds as may be budgeted for the ensuing fiscal year. C. Accounting Practices: The Redevelopment Agency shall comply with all regulations of the State Department of Banking and Finance regarding - 15 - uniform accounting practices and procedures for units of local government. D. Annual Report: The Redevelopment Agency shall file with the City Council and with the Auditor General, on or before the second Tuesday in April of each year, a report of its activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, income and cooperating expense as of the end of each calendar year. At the time of filing of the report with the City Council, the Executive Director shall see that the report is available for public inspection during normal business hours at the office of the City Clerk and in the office of the Redevelopment Agency. (Ref. Chapter 163.356(3)(c). Florida Statutes). E. Audit: Within six (6) months after the end of each fiscal year, a post audit of the accounts and records of the Redevelopment Agency in accordance with the rules of the State Department of Banking and Finance shall be prepared. Such post audit may be accomplished in conjunction with the City of Punta Gorda's annual post audit, by the same certified public accountant. Surplus Funds: Surplus funds in the Redevelopment Agency Trust Fund shall be invested by the City Finance Officer in accordance with requirements of State Law and the procedures of the City of Punta Gorda. G. Expenditures: No funds of the Redevelopment Agency shall be expended except in accordance with an annual budget which has been approved by the City Council and with the Community Redevelopment Act of 1969 as amended. VII. VOTING REQUIREMENTS CONFLICT OF INTEREST A. Voting: No member of the Redevelopment Agency who is present at any meeting may abstain from voting in regard to any decision, recommendation and a vote shall be recorded or counted for each member present except when, with respect to any such member, there is, or appears to be a possible conflict of interest. B. Conflict of Interest: Where there is or there appears to be a conflict of interest, the member shall so state for the record and vacate his or her chair. A member so vacating his or her chair shall leave the room and should not participate in the hearing or discussion and shall not vote on the issue. Vill. AMENDMENTS These bylaws may be amended from time to time by resolution of the Redevelopment Agency. Any changes to the location of stated offices, regular meeting dates, etc., which are made as a result of the actions by the Punta Gorda City Council taken after the adoption of these bylaws shall be recognized and followed by the Redevelopment Agency. -16- ORDINANCES, RESOLUTIONS, SPECIAL ZONING REQUESTS Section 1 7 6.041 of the Florida Statutes provides the procedure for the adoption of municipal ordinances and resolutions. As a municipality operating under Home Rule powers, the City may specify additional requirements by future ordinance or Charter amendments, but may not lessen the State requirements. Ordinances and Resolutions: Must be introduced in writing and address only one subject and that subject shall be clearly stated in the title; 2. Must be approved by an affirmative vote of the majority, except that a two thirds vote is required for an emergency ordinance; 3. Become law ten days after passage or as otherwise provided; 4. Shall, upon final passage, be recorded in a book kept for that purpose and shall be signed by the Mayor, City Clerk and City Attorney; 5. Are generally read by title on two separate readings (except emergency Ordinances and Resolutions) and shall be published in a newspaper of general circulation at least ten days prior to adoption; and 6. Zoning Ordinances rezoning specific parcels of private real property or substantially change permitted use categories in zoning districts have more strict guidelines - they must be advertised 30 days in advance and the surrounding property owners must be notified. REF: FS 166.041 Special Zoning Requests: Special Exceptions and Variances should be advertised for a public hearing two times: one time at least 15 days prior to the applicable committee meeting, and one time at least 30 days prior to the City Council meeting. Ord. No. 959-89 <sec 26-160)(g)> 17 COUNCIL'S RELATIONSHIP TO AD -HOC COMMITTEES o ADVISORY RECOMMENDATIONS The primary responsibility of most boards is to advise and make recommendations to the City Council. It is the Council's role to absorb the advice and recommendations offered by numerous sources and to make decisions to the best of its ability. Because the recommendations of the City boards are advisory, the Council may not always follow the recommendations offered by individual boards. o APPOINTMENT City Council appoints members to the boards which serve at the pleasure of the Council. Members are appointed when terms expire or vacancies occur. Appointments to fill vacancies are for the remainder of the unexpired term. Vacancies are announced in the following manner on the City Council agenda: 1. Announcement of Vacancy, 15, meeting 2. Nominations are made, 2n1 meeting 3. Appointment is ratified, 3rd meeting o RATIFICATION OF RULES GOVERNING BOARDS Bylaws for Boards and Committees are approved by City Council. o CONFLICTS OF INTEREST All members of boards and committees (including members of the City Council) must be aware of and identify the circumstances in which actions on said board may affect themselves or a relative and avoid any situation in which a conflict of interest exists or appears to exist. Any member having a conflict of interest must file a disclosure statement and must make known, the interest in the official records (minutes) of the body. All candidates for boards and committees submit resumes to the City Clerk when requesting appointment. Council should consider those qualifications germane to the board and make appointment based solely on that manner. M AD -HOC BOARDS AND COMMITTEES NAME MEETING TIME BOARD OF ZONING APPEALS 411 Tuesday monthly 4:00 p.m. Council Chambers BUILDING BOARD 411 Tuesday monthly 9:00 a.m. Council Chambers BURNT STORE ISLES CANAL 2"d Tuesday monthly MAINTENANCE ADVISORY 1:30 p.m. Council Chambers CODE ENFORCEMENT BOARD 41h Wednesday monthly 9:00 a.m. Council Chambers COMMUNITY REDEVELOPMENT 15` Wednesday Monthly AGENCY (CRA) 9:00 a.m. Council Chambers HISTORIC PRESERVATION 4th Thursday monthly 8:30 a.m. Council Chambers PLANNING COMMISSION 4' Monday monthly 2:00 p.m. Council Chambers PUNTA GORDA HEALTH Meets as called FACILITIES AUTHORITY Council Chambers PUNTA GORDA HOUSING 2^d Thursday monthly AUTHORITY 8:30 a.m. Florida Community Bank PUNTA GORDA ISLES CANAL 3rd Monday monthly MAINTENANCE ADVISORY 1:30 p.m. Council Chambers REVITALIZATION COMMITTEE 3'1 Monday monthly 9:30 a.m. Council Chambers UTILITY ADVISORY 411 Monday monthly 9:30 a.m. Council Chambers WATERFRONT DEVELOPMENT 2"1 Wednesday monthly ADVISORY COMMITTEE 9:00 a.m. Council Chambers Bylaws for all boards and committees are available for your inspection in the office of the City Clerk and on the City's website. 19 SPECIAL BOARDS AND COMMITTEES Members of the City Council are called upon to serve on various Boards or Committees sponsored by groups in the community. The following is a breakdown of some of the committees the Council currently serves on. o CHARLOTTE COUNTY ARTS & HUMANITIES COUNCIL Meets the 4`h Wednesday every month at 4:00 p.m. To promote and support all art disciplines through service to cultural groups and individual artists. o CHARLOTTE COUNTY DOMESTIC VIOLENCE TASK FORCE Meets as called. Sponsored by the Center for Abuse and Rape Emergencies (CARE) o CHARLOTTE HARBOR ENVIRONMENTAL CENTER (CHEC) Meets the 311 Thursday quarterly at 3:00 p.m. To promote the mission of CHEC, which is to focus environmental issues through education, recreation and research. o COMMUNITY ACTION AGENCY ADVISORY BOARD Meets quarterly at 4:00 p.m. To develop and recommend policies to better serve the low income residents of Charlotte County. o ENTERPRISE CHARLOTTE Meets the 411 Wednesday every month at 4:00 p.m. Encourage the recruitment, expansion and retention of diversified high impact industry; create high skill, high wage jobs; diversify the economy and tax base. o ENTERPRISE PUNTA GORDA Meets the 3'd Friday every month at 3:00 p.m. To encourage economic and community development through recruitment, expansion and retention of the business sector. Assistance with application for grant funding for redevelopment and provision of a greater focus on the waterfront. o EXPRESSWAY CORRIDOR STUDY Meets as called. Joint task force of the various entities to review proposal for Burnt Store Road expressway between Charlotte, Lee and Collier Counties. o JUVENILE JUSTICE COUNCIL Meets the 2^d Thursday quarterly at 3:00 p.m. To provide a forum for the development of a community based interagency assessment of the local juvenile justice system and to make recommendations for more effective use of existing community resources in dealing with juveniles found to be truant or involved in crime. -20- o MAIN STREET PUNTA GORDA Meets the 1 St Friday of every month at 9:00 a.m. To work toward building a Main Street program for the designated area by using four points: design, organization, promotions and economic restructuring. o METROPOLITAN PLANNING ORGANIZATION (MPO) Meets 2°1 Monday on designated months at 2:00 p.m. Primary agency responsible for transportation planning in Charlotte County. o NATIONAL ESTUARY PROGRAM Meets quarterly at 9:30 a.m. To promote concern and action for the preservation of the region's natural resources. o PUNTA GORDA HOUSING AUTHORITY Meets the 311 Thursday of every month at 8:30 a.m. Establishes policies and goals for the housing program. Monitors the operation of the program. o SOUTHWEST FLORIDA LEAGUE OF CITIES Meets the 3rd Thursday of every other month at 1 1:30 a.m. Promotes improvements of city government and efficient administration through mutual assistance in the solution of city problems. Exchange of ideas and experience in successful methods of local administration. Foster city education and create a greater civic consciousness among citizens. o SOUTHWEST FLORIDA MARINE ADVISORY Meets as called at 10:00 a.m. To preserve the ecological and recreational values of Southwest Florida waterways. o SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL Meets the 3rd Thursday of every month at 9:00 a.m. Local planning council encompassing the counties of Charlotte, Collier, Glades, Hendry, Lee and Sarasota, including one municipal representative for each county. Council is formed to discuss pertinent intergovernmental planning issues. o TOURIST DEVELOPMENT COUNCIL Meets the 2^d Thursday quarterly at 10:00 a.m. Works to promote tourism in Charlotte County. o PRMRWSA WATER PLANNING ALLIANCE Meets as called bi-annually. Plans for water resource allocation, new water supplies and alternative water supplies. Facilitates collaboration and resolves conflicts among members and other stakeholders. -21 - CITY OF PUNTA GORDA BUDGET The budget is the planned overview and allocation of finances available to accomplish the City's goals during the fiscal year. See Chapter 8A of your Code Book for further details regarding the City's budget. The following is an example of the budget timetable: TYPICAL DATE PROCEDURES JAN - FEB Strategic Plan workshop and compilation of suggested work projects. MARCH & APRIL Capital Improvement Project requests. APRIL Budget workshop to determine final project and funding needs. MAY & JUNE City Manager and Finance Director review department's proposed budgets. JULY Budget workshop - proposed budget presented to Council who may then make changes, deletions and adjustments to the proposed budget. MID/LATE JULY City Council sets a tentative millage rate for the budget. The millage rate is advertised on the Truth in Millage (TRIM) notice. The TRIM notice is mailed to all property owners showing how the increases will affect them. SEPTEMBER TWO PUBLIC HEARINGS ON THE BUDGET: FIRST PUBLIC HEARING - PROPOSED BUDGET AND MILLAGE RATE Prior to adoption of the final budget, two Public Hearings must be held. They must be held after 5:00 p.m. and are typically held at 5:01 p.m. By this time, the property appraiser has mailed the notice of proposed property taxes to citizens. The first hearing cannot be held sooner than 10 days following the mailed notice. The notice contains information regarding the date, time and place of this hearing and of citizens' opportunity to discuss the tentative millage rate and proposed budget. At the first meeting the proposed millage rate and tentative budget should be read by resolution and voted upon. The City will advertise a notice of final hearing of the budget within 15 days after the tentative budget and millage rate have been approved at the first meeting. SECOND PUBLIC HEARING - FINAL BUDGET AND MILLAGE The second Public Hearing will adopt the final budget and millage rate by ordinance. -22- FORMAL BID PROCESS Expenditure of public funds for goods and/or services may seem a cumbersome and time consuming process; however, a municipal corporation must use a very specific procedure. The Procurement Division has supplied the following information to assist you in understanding this formal bid process. A. DEPARTMENT 1) Recognize need; 2) Provides general specifications, requirements, back-up product information/desired features; 3) Prepares requisition and encumbers estimated funds for department head approval; 4) Sends to Procurement. B. PROCUREMENT 1) Reviews requisition and specifications; 2) Verifies funds and reasonableness of estimated costs; 3) Contacts vendors and other agencies for technical specifications; 4) Searches State, Federal and other agencies for existing contracts; 5) Prepares detailed specifications for goods or services requested; 6) Prepares legal requirements ("boilerplate") pertinent to the type of goods or services being purchased; 7) Determines level of insurance coverage, payment and performance bonds requires; 8) Coordinates preparation of formal contract, if required; (i.e., major construction projects/professional services); 9) Prepares vendor mailing list from City vendor file, telephone directories, Thomas Register, Sweets, technical and trade publications; 10)Send draft bid package to requesting Department. C. DEPARTMENT 1) Division supervisor and Department Head review draft bid package and make additions, deletions, comments and/or concurrence for approval; 2) Returns package to Procurement; -23- D. PROCUREMENT 1) Prepares final bid package; 2) Sets dates for pre -bid conference, if any, and bid openings; 3) Prepares copies and mail package/notices to potential bidders; 4) Prepares public notice advertisement in publication of general circulation; 5) Make follow-up phone calls to potential bidders; 6) Answer vendor questions and issues addenda, as appropriate; 7) Hold pre -bid conference, if any; 8) Conduct public bid opening as advertised; 9) Review bids submitted for responsiveness to all required legal elements of the bid; 10)Prepare bid tabulation spreadsheet of unit and total cost; 1 1)Identify variances by bidder specifications, if any; 12)Send vendor responses and tab sheets to department; E. DEPARTMENT 1) Review and evaluate recommendation memo for City Manager or City Council authorization. F. PROCUREMENT 1) Prepares award recommendation memo for City Manager or City Council authorization; 2) After authorization, prepare purchase order, coordinate delivery and acceptance. Several elements within the legal requirements ("boilerplate") provide protection to assure that prices and purchases can be obtained in the best interest of the City. Of particular importance and often deciding factors in evaluating and making awards are such elements as: reserving the right to split bids, waive informalities, reject any and all bids, consider all discounts indicated, firm pricing, restriction of price increases, right to terminate, delivery schedule, warranty (standard and extended), insurance coverage, bonding and hold harmless agreement. After review and evaluation of all factors, an award recommendation is made for the lowest responsive and responsible bid that is in the best interest of the City. -24- DEPARTMENTAL FUNCTIONS CITY ATTORNEY Provides legal advice and representation to the City including research, preparation of ordinances and approval of various agreements including contracts, leases and proposed City legislation. CITY CLERK Provides administrative services to the City Council, records Minutes of City Council and other City committees; manages City elections; acts as Record Management Custodian; issues occupational licenses; maintains ordinances and resolutions; general office and cashiering duties. CITY MANAGER Chief Administrative Officer of the City; acts as a liaison between each City department and City Council. Develops the City's annual budget for each fiscal year and approves all hirings, firings, disciplinary actions etc., as recommended by the Human Resources Manager. Divisions: IT Provides technical support to all City departments pertaining to computer functions and software applications. FINANCE Administers financial management of the City which includes accounting, auditing, financial reporting, cash management, accounts payable and payroll services. Prepares the mid -year and annual budgets, periodic and annual financial statements. Divisions: Billing & Bills and collects payments for water, wastewater, refuse, agricultural products, Collections lot mowing, impact fees and other City charges. Procurement Procures materials, goods and services as required by City departments through competitive bidding and obtaining quotes to obtain the best price and quality to meet the needs of the City. Warehouse Receives and issues goods and materials and maintains automated fueling system. FIRE Motivates citizens to prevent and survive fires; renders emergency medical assistance and provides assistance during natural disasters and other emergencies. Divisions: Fire Handles construction inspections, overall street addressing, annual fire safety Prevention inspections and permits for fire protection equipment, fire alarms, fire sprinklers and maintenance of fire hydrants. -25- GROWTH MANAGEMENT Responsible for Urban Design, Code Compliance and Building. Divisions: Code Comp. Ensures that all building activities meet the building standards in standard building Building codes and local ordinances; records and maintains all building construction activity, including issuance of all building permits; inspects and determines what structures should be condemned and demolished. Enforces nuisance laws. Urban Design Assists individuals interested in developing vacant parcels of land; facilitates community discussion of vital long range planning goals and oversees the redevelopment and revitalization of the historic downtown area. HUMAN RESOURCES Responsible for recruitment and hiring of all new employees, new employee orientation, benefits administration, employee relations, accuracy of payroll, administration of Worker's Compensation, compliance with federal equal employment opportunity and employment law issues. POLICE Provides security, safety and well-being of the citizens through delivery of law enforcement services and deterrence to criminal activity through progressive law enforcement, investigative efforts and a comprehensive community crime prevention program. PUBLIC WORKS ADMINISTRATION Provides technical and clerical support to all divisions within the Public Works Department Divisions: Engineering Supplies technical support to departments of the City including permitting and inspections. Facilities Maintains all City buildings through routine upkeep and a comprehensive preventative maintenance program. Right-of-WayMaintains streets, rights -of way, traffic signals and sign maintenance. Parks/Grounds Responsible for landscape and irrigation systems maintenance throughout the City including City parks and playgrounds. Sanitation Collects refuse and yardwaste from approximately 8,000 residential and commercial accounts: Canal Maint. Maintains seawalls and dredging of canals within the canal maintenance district. -26- UTILITY ADMINISTRATION Provides technical and clerical support to all divisions within the department; Files permits with the various regulatory agencies. Divisions: Fleet Maint. Maintains City vehicles and equipment. Water Operates and maintains the Shell Creek water treatment facility, which supplies Treatment potable water to the residents of the City and various parts of the County; maintains elevated tanks, ground storage tanks and booster pump stations; follows quality guidelines mandated by the state. Wastewater Responsible for collection system of sewage pumping stations and sanitary sewer Collection lines. Agriculture Operates and maintains the spray irrigation fields and effluent storage ponds; cultivates, harvests and bales hay that is produced from the irrigation fields. Wastewater Maintains and operates the wastewater treatment facility, including controlling Treatment and operating two main pumping stations and the treatment process. Water Maintains the water mains including meter installations, leak repairs, cross Distribution connection control and water main installations. -27- CITY OF PUNTA GORDA, FL ORGANIZATIONAL CHART OFFICE OF THE CITY CLERK The City Clerk's duties are many and varied, but one of her most important tasks is to be a link between the City Council and their constituency. This is accomplished by assisting the Councilmember with requests for information, answering telephone and written inquiries, keeping Council apprised of pertinent issues, maintaining a Council calendar, distributing daily mail and scheduling appointments. To assist you in your knowledge of the Clerk's functions, the following is a breakdown of the City Clerk's General and Statutory Duties. GENERAL DUTIES: These duties are those historically performed in support of the City Council and City Administration. ■ Provide for records and information management, including records indexing and retention scheduling. - ■ Issue local business tax receipts. ■ Issue City vehicle tags and titles. ■ Furnish data to public information media. ■ Ensure City-wide compliance with Public Records Law. ■ Receive and file bonds relating to municipally issued contracts. ■ Maintain all City agreements and contracts. ■ Direct complaints, correspondence and inquiries for action. ■ Records research. ■ Provide notary service. ■ Conduct business with other City, County, State and Federal agencies as directed by governing body. ■ Conduct City elections. ■ Provide notification to municipal departments of expiration dates on various matters. ■ Maintain codification of City Ordinances (Code of Ordinances Book.) ■ Maintain and update City's website information relating to City Clerk's Office, City Council, agendas, minutes and calendar of activities. ■ Forward, copy and distribute correspondence received via email to City Council and City Administration. -29- T STATUTORY DUTIES: The following duties of the City Clerk are required by various state laws or local ordinances: ■ Secretary to the Council. ■ Records minutes of Council and boards and committees. ■ Handle municipal correspondence, both incoming and out -going. ■ Process, record, file and advertise ordinances and resolutions. ■ Advertise and file municipal budget. ■ Perform liaison work between the public and Council. ■ Administer and record oaths of office. ■ Maintain custody of official records. ■ Secretary to the Municipal Corporation. ■ Maintain custody of the municipal seal. ■ Sign official documents. ■ Maintain receipt of service and legal documents. ■ Election Official. ■ Certify vacancies. ■ Maintain receipt of any and all petitions, initiative or otherwise. ■ Exercise quasi-judicial authority in determining the validity of petitions per State Statute. ■ Provide layout of local ballot for all elections. ■ Furnish material for local elections. ■ Select polling places. ■ Maintain receipt of election results. Please feel free to come in or call the Clerk's Office anytime. We are here to serve you! - -30- FREQUENTLY USED ACRONYMS ASR AQUIFER STORAGE & RETRIEVAL (WELL) AWT ADVANCED WASTEWATER TREATMENT BFE BASE FLOOD ELEVATION BRCDC BERNICE RUSSELL COMMUNITY DEVELOPMENT CORPORATION CARE CENTER FOR ABUSE AND RAPE EMERGENCIES CDBG COMMUNITY DEVELOPMENT BLOCK GRANT CIP CAPITAL IMPROVEMENT PROJECT CO CERTIFICATE OF OCCUPANCY CRA COMMUNITY REDEVELOPMENT AGENCY DCA DEPARTMENT OF COMMUNITY AFFAIRS DEP DEPARTMENT OF ENVIRONMENTAL PROTECTION DNR DEPARTMENT OF NATURAL RESOURCES DOT DEPARTMENT OF TRANSPORTATION DRC DEVELOPMENT REVIEW COMMITTEE DRI DEVELOPMENT OF REGIONAL IMPACT EPA ENVIRONMENTAL PROTECTION AGENCY ERU EQUIVALENT RESIDENTIAL UNIT FBIP FLORIDA BOATING IMPROVEMENT PROGRAM FMLA FAMILY MEDICAL AND LEAVE ACT FOIA FREEDOM OF INFORMATION ACT FPL FLORIDA POWER & LIGHT FWS FISH AND WILDLIFE SERVICE GIS GEOGRAPHICAL INFORMATION SERVICE HR HUMAN RESOURCES -31- HUD HOUSING AND URBAN DEVELOPMENT ISS INFRASTRUCTURE SALES SURTAX LPA LOCAL PLANNING AGENCY MGD MILLION GALLONS PER DAY MPO METROPOLITAN PLANNING ORGANIZATION MSA METROPOLITAN STATISTICAL AREA NPDES NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PGHA PUNTA GORDA HOUSING AUTHORITY PRMRWSA PEACE RIVER/MANASOTA REGIONAL WATER SUPPLY AUTHORITY ROW RIGHT-OF-WAY SWFWMD SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT SWUCA SOUTHERN WATER USE CAUTION AREA TDC TOURIST DEVELOPMENT COUNCIL TIF TAX INCREMENT FUND TRIM TRUTH IN MILLAGE TWEDC TRABUE WOODS ECONOMIC DEVELOPMENT CORPORATION WCIND WEST COAST INLAND NAVIGATIONAL DISTRICT WTP WATER TREATMENT PLAN WWTP WASTEWATER TREATMENT PLANT - 32 - Y AGENDA City of Sanibel New Councilmember Orientation Legislative Conference Room Sanibel City Hall 800 Dunlop Road Wednesday, March 08, 2017 1:00 P. M. 1. Welcome & Introductions (Judie Zimomra, City Manager) 2. Structure of City Government (Judie Zimomra, City Manager) 3. Sanibel Charter and Code of Ordinances (Ken Cuyler, City Attorney) a. Sunshine Law and How Elected Officials interactions are governed by the Sunshine Law b. Financial Disclosure Regulations and Form c. Public Participation d. Quorum, Motions and Voting e. Gift Law 4. Organization of First City Council Meeting (Judie Zimomra, City Manager) a. Options for Wording of Oath b. Option for Providing Personal Bible c. Option of person to hold Bible d. Selection of Mayor e. Selection of Vice Mayor f. Seating (Audience) i. Reserve Seating for Family g. 0830 Reception 5. Logistic of City Council Meetings a. Pre -agenda b. City Council briefings c. Scheduling Agenda Items 4 6. Advisory Committees (Judie Zimomra, City Manager) a. Current Committee Rosters b. Roles and responsibilities c. Annual Reports d. Appointments e. Vacant Committee Seats (Historical Preservation; General Employees' Pension Board; Planning Commission & Recreation Financial) f. Roles of Liaison (Council & Staff) 7. Third Party Contracts a. B.I.G. Arts b. Community Housing Resources, Inc. (CHR) c. Historical Museum & Village, Inc. 8. Liaison List (Judie Zimomra, City Manager) 9. Security ( Judie Zimomra, City Manager) a. Elected Official Security b. Building and Council Chamber Security c. City Key Card 10. Training (Judie Zimomra, City Manager) a. Ethics (must be completed by December 31 of each year) b. National Incident Management Systems (NIMS) i. IS 700 Introduction (NIC strongly recommend) ii. ICS 100 Introduction (NIC strongly recommend) c. Institute for Elected Municipal Officials (IEMO) Classess 11. Communications (Judie Zimomra, City Manager) a. Written Correspondence b. Email c. Phone Calls d. City Hall Mailbox e. City Email 12. Role of City Clerk and Deputy City Clerk 13. Council Expenses (Pamela Smith City Clerk & Scotty Lynn Kelly, Deputy City Clerk) I a. City Procurement Card 14. Council Travel (Pamela Smith, City Clerk & Scotty Lynn Kelly, Deputy City Clerk) 15. Council 2017 Meeting Dates a. Council Briefings (Judie Zimomra, City Manager) b. Budget Calendar 16. Upcoming Events and Travel a. Legislative Session i. FLC Weekly Legislative Briefings b. Role of Van Poole and Dan DeLisi, Governmental Affairs Consultants b. FLC C. Chamber (Lunches & After Hours) 17. Questions Legal Concepts for City Commissioners Things you need to know... City Hall, 121 SW Flagler Avenue, Stuart, FL 34994 Website: www.citvofstuart.us Email Addresses: mmatheson@ci.stuart.fl.us mmeier@ci.stuart.fl.us Commission Meetings are held on the 2"d and 4th Monday of every month at 5:30 p.m. in the City Hall Commission Chambers. Special Commission Meetings are scheduled as needed. Commissioners represent the City of Stuart on various local boards. You will immediately take the place of the previous commissioner on assigned boards until the Commission Board Membership is reviewed for re -appointments at the December City Commission Meeting. Advisory Boards Members are recommended/appointed through their Commissioner liaison. Advisory Board Applications are available on the City Clerk's webpage on the City's website: http://www.cityofstuart.us/index.php/en/advisory-board-application Resources Florida Municipal Official's Manual: https://www.fIcities.com/resources/publications/official%27s-manual Ethics Education (Required Annually): https://www.floridaleagueofcities.com/university/continuing-education-in-ethics Charter: https://Iibrary.municode.com/fl/stuart/codes/code of ordinances?nodeld=PTICH Public Records, Florida Statute 119: http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/0119.html Robert's Rules of Order Online: http://www.rulesonline.com/ General & Helpful Information for Indian River Shores Town Council Elected Officials. The Town Charter, Article 2, Section 2-1 states: "There shall be a town council for the Town of Indian River Shores which shall be the governing body of the town and in which shall be vested all corporate and legislative powers of the town. All legislative powers vested in the town council shall be exercised by ordinance. Administrative powers as are conferred upon the town council by this Charter shall be exercised by resolution. Internal determinations and communications from the town council may be by motion." Selection of Mayor and Vice Mayor. The Town Charter in Article 2, Section 2-4 states: "Following each election for the office of town council, the town council shall select from its members a mayor and vice -mayor. The town council shall designate a time and date for the selection, which shall be no later than the next regular council meeting following the election. The mayor and vice -mayor shall serve for a term of two years from the date of the selection." Salary. The Town Charter, Article 2, Section 2-5 states: "The members of the town council shall serve without pay or compensation until compensation shall be fixed by ordinance. The council members may set a reasonable salary and expense allowance for the mayor, which may be increased or decreased during the term of the current council members." Role of the Mayor. The Town Charter, Article 2, Section 2-6 states: "The Mayor shall be chairman of the town council and, as such, shall preside at all meetings of the town council and shall have the right to vote on all matters considered by the town council. The mayor shall be recognized as the head of town government for ceremonial purposes, purposes of military law, and the service of process upon the town. The mayor shall represent the town in agreements with or certifications to other governmental entities and shall execute contracts, deeds, and other documents. The mayor shall have no administrative duties except those required to carry out the provisions of this Charter." Role of the Vice Mayor. The Town Charter, Article 2, Section 2-7 states: "The vice -mayor so chosen shall, in the absence or disability of the mayor, preside over the meetings of the town council and perform all the duties and exercise all the authorities of the mayor." About the Reorganizational Meeting This meeting is for the swearing in of the newly elected officials. This is the normal order of procedure that will take place. Swearing In. The mayor will call the meeting to order, with each newly elected/reelected member being called individually to the front of the room to be sworn in. In the event there is not a presiding mayor, the vice mayor or senior council member will preside. The words are on the Oath Of Office form that was included in your Elections packet. Please return that form the week prior to the meeting so that it may be used at this time. Nominations for Mayor. The presiding official will open the floor for nominations for mayor first, calling on the council, as closely as possible, in the order of the hand(s) as they are raised. After asking if there are any more nominations and hears none, a motion should be made to close the nominations. The vote will be called alphabetically for each nominee. When a majority of votes are received for one candidate, that person will be declared as the new Mayor and will assume control of the meeting. Nominations for Vice Maw. The Mayor will open the floor for nominations for Vice Mayor, calling on the Council as before, as closely as possible, in the order of the hand(s) as they are raised. After the Mayor asks if there are any more nominations and hears none, a motion should be made to close the nominations. The vote will be called alphabetically for each nominee that received a second. When a majority of votes are received for one candidate, that person will be declared as the new Vice Mayor. Seating Assignments. At this time, the Mayor will take his/her seat and ask the newly installed officials if any desire to move to another seat. Contents for Elected Officials' Orientation Notebook ❑ Key names (council/commission/key staff and emergency), phone numbers, addresses, e-mail — put on laminated card for wallets/purses ❑ Important sections of the charter or organizing document— like duties, responsibilities of council/commission and the same for manager/clerk/attorney ❑ Procedures for requesting agenda items ❑ Process for filing citizen request (pot hole, garbage pick-up) and tracking o Procedures for reimbursement or city expenditures ❑ Reporting requirements (state law and other) — gifts, financial disclosure ❑ A map of the city or county (with voting districts, if applicable) ❑ Procedures for public input at city council meetings (we have found that a number of local governments have formally adopted procedures and rules for this) ❑ Local holidays marked on a calendar ❑ Glossary of terms (especially acronyms!) ❑ Names of reporters who may be calling them (and guidelines for talking to the press!) ❑ organizational chart of the government ❑ A 'pocket' budget page: summarizes budget; use at guest speaking events ❑ An "intergovernmental section" that features the names of area and regional officials (county commissioners, state legislators, Congressional delegation, water management district, special district boards, school board, council of government, local league of cities, RPC and MPO, etc.). Can also include "How a bill becomes a law" hand-out ❑ A section on city/county advisory boards: with roster and schedule ❑ Key dates for the year for functions like council meetings, retreats, workshops, advisory board meetings, conferences, special events and training opportunities. ❑ Information about the C-M form of government, and copy of the Code of Ethics Suggested tabbed sections: Contacts/Procedures and Policies/Charter-Ordinance List "How to" Section (with forms or web site to give citizens) Maps and Districts Advisory boards/Intergovernmental Lists Calendar Laws and Organizational Documents Glossary Separate book: CAFR and Budgets Separate guide: Robert's Rules or a brief on Parliamentary Procedure Meetings Tunes of Meetings. There are four major types, each of which must be noticed. The Town uses the website, the bulletin board, and a newspaper of general circulation (usually Hometown News, sometimes the Press Journal) according to the Sunshine Law, Chapter 286.011: 1. Regular Meetings are usually held on the fourth Thursday of the month at 9:00. The bulk of the Town Council business is conducted at regular meetings. During these meeting, citizens may speak to an issue on the Agenda after the Council has discussed each item. He/She is asked to be brief. Citizens may also speak to issues not on the agenda at the Call to Public. Should a resident desire an in-depth discussion for something not on the agenda, he/she must contact the Town Manager's office. 2. Special Meetings are called according to charter provisions and local rules as deemed necessary by Town Council. An example is the swearing in meeting for newly elected officials, or to discuss one topic (e.g., read an ordinance for urgent passage). 3. Emergency Meetings are a form of a special meeting but come on short notice. An agenda for the meeting must be prepared and the meeting must be posted on the Town Bulletin Board and on the Town's website if possible. 4. Workshops are held on occasion as necessary for extended discussion, debate and/or inquiry, but at which no vote or official action is taken. Although the procedures of these meetings may be somewhat less formal than regular Council meetings, the Clerk must arrange for one in exactly the same manner as a regular meeting. 5. Public Hearings are required for very specific actions, and are conducted in the same manner as other meetings as needed and as prescribed. They may be held within a Regular Meeting, with the first meeting being recessed and reconvened. Attendance at Meetings. As an elected official of the Town, you have agreed to be present for conducting business of the Town. The residents, other local agencies and staff appreciate maintaining a set schedule for regular Town Council meetings as established by the Council, currently the fourth (41h) Thursday of every month. Except in rare instances, every effort should be made to be in attendance on this date, and for other meetings (e.g. budget related) that are set annually during the summer for the upcoming year. Recognizing that an occasion may arise when it is not physically possible, a Resolution 10-08 was enacted on 11-17-2010 which adopted a procedure for attending council meetings telephonically or using other electronic means that allow a member not physically present at a meeting to both hear and communicate with those physically present. The excerpt is as follows: 1. Determine the need. If a Councilperson is unavailable to attend any meeting of Council due to: (a) A medical infirmity or incapacity; (b) An unusual out-of-state commitment that would cause physical and/or financial hardship; (c) Other unexpected or unusual event or occurrence that would make it difficult and impractical to attend; 3 - r I then he or she may be permitted to attend such meeting telephonically. 2. Request. Council shall consider the request to attend telephonically, and if one of the above criteria is found to exist, shall, by motion, approve the attendance of the absent member by telephonic means. Request shall be made in writing by the member intending to attend telephonically at the earliest practical time. A record of the request to attend telephonically and the action of Council on the request shall be retained by the Town Clerk. 3. Attendance. The member attending telephonically shall be counted as present for all purposes, except may not be counted for purposes of establishing a quorum. Dress Code. Traditionally, there has been a standard set that the meetings from October through April require business attire, while the meetings held from May through September are business casual. This means suit jackets or shirt and tie with slacks, shoes and socks for gentlemen, and dresses or suits for ladies. Agenda Items. At one meeting, a newly elected officials asked if they were able to discuss whatever is on their mind, or if it had to be on the agenda. The Town Attorney advised that at the Call to Council portion of the agenda when they report on their activity as an elected official of the Town, they may add comments if no action is contemplated at that time. Any item that requires action and/or a full-blown discussion must be an item that is placed on the agenda. This is handled through the Town Manager or Town Clerk, who prepares the agenda with approval by the Town Manager. How to Make a Motion. This was discussed by the Town Attorney at one meeting with newly elected officials. After an item has been brought up for discussion, if a council member determines a preferred course of action at the conclusion of discussion, a motion may be made for consideration. The motion must completely describe the action to be taken, and must receive a second from another council member supporting the motion. It passes with majority consent or fails with less than majority support or for lack of a second to the motion. Committee Assiehments. These are the current committees on which the Town Council participates: Name Primary Alternate Meets (day, frequency) MPO (Metropolitan Planning Organization) 2" Wednesday AHAC Affordable Housing Advisory Committee 1-6 times year EDC Economic Development Council 3` Tuesday Beach & Shore Preservation 3` Monda at 3 TCCLG Treas. Coast Council Local Gov't.) TCRLC Treas. Coast Regional League of Cities TCRPC Treas. Coast Regional Planning Council FLC - Legislative Florida League of Cities EEOC Elected Officials Oversight Committee Annually 2" Week of Jul Others These are attended by Staff or Residents who report back to the Council: Name Primary Alternate Meets da ,fre uenc BAC (Bicycle Advisory Committee George Sharpe Monthly 4` Thursday at 2 School CoC Citizen's Oversight Committee) Jerry Solin Annually I" Week of April MPO Citizen's Advisory Committee Susan Mehiel Monthly 151 Tuesday at 2 MPO Technical Advisory Committee Shawn Hoyt Monthly 4` Friday at 10 PSPSWG Public School Planning Staff Wkg Grp) Town Manager I" Wk Feb & 3` Wk Mar Reference Guide for City Council Members November 2018 Prepared by the Office of the City Clerk Venice, Florida J "City- oil the Gulf' Page 11 Table of Contents Section1..............................................................................................5 Introduction................................................................................................................. 6 CITY OF VENICE VISION........................................................................................... 6 CITY OF VENICE MISSION STATEMENT................................................................... 6 CITY OF VENICE CORE VALUES................................................................................ 6 Welcome Letter from the City Clerk........................................................................... 7 AQuick Civic Review.......................................................................................... 8 What Do I Really Need To Know as an Elected Official?.................................12 Council -Manager Government.................................................................................15 What Does that Mean?.....................................................................................15 What does the City Manager do as "chief administrative officer?" ...............15 What does the Mayor do as "chairman of the board?"..................................15 What is the function of City Council?...............................................................16 Passage of Local Laws.......................................................................................16 Determination of Policy....................................................................................16 Interference with Administration.....................................................................16 Selection of a City Manager..............................................................................16 Charter Officer Appointments..........................................................................16 Board/Committee Appointments.....................................................................17 Section2............................................................................................18 TheMunicipal Charter...............................................................................................19 Highlights of Information Contained in Venice's Charter................................19 How is the Charter Amended?..........................................................................19 CHARTER AND RELATED LAWS................................................................................. 21 Municipal Home Rule Powers................................................................................... 39 What are Home Rule Powers?.......................................................................... 39 Restrictions........................................................................................................ 40 Government in the Sunshine....................................................................................41 What is Government in the Sunshine Law? ..................................................... 41 Page 12 U-- _A� OpenMeetings.................................................................................................. 41 First — The Meeting Must be Open to the Public ....................................... 42 Second — Reasonable notice must be given...............................................43 Third — Minutes must be taken...................................................................43 PublicRecords................................................................................................... 43 Public Records, employee's personal notes ..................................................... 45 Public Records, employee's personal notes ..................................................... 47 Information Technology Usage Policy...................................................................... 53 Codeof Ethics............................................................................................................57 Ethical Behavior in Office: ................................................................................. 58 Section3............................................................................................67 MeetingProcedures.................................................................................................. 66 Quorum/Motions/Votes................................................................................... 66 Abstention......................................................................................................... 67 Handlingof a Motion........................................................................................ 67 Sample City Council Agenda............................................................................. 70 Ordinances and Resolutions..................................................................................... 78 Ordinances and Resolutions............................................................................. 78 Quasi-judicial Hearings..................................................................................... 78 Sample Public Hearing Notice........................................................................... 81 SampleOrdinance............................................................................................. 82 SampleResolution.............................................................................................84 SampleProclamation........................................................................................ 86 BoardAppointments.................................................................................................87 Council Liaisons — Resolution No. 2014-24....................................................... 88 City of Venice Boards/Committees.......................................................................... 89 Architectural Review Board.............................................................................. 89 Citizen Tax Oversight Committee (One Cent Sales Tax) .................................. 89 Construction Board of Adjustment and Appeals ............................................. 89 CRS Floodplain Management Plan Committee................................................89 Economic Development Advisory Board.......................................................... 90 Page 13 Environmental Advisory Board......................................................................... 90 Fire Pension Board of Trustees......................................................................... 90 Historic Preservation Board..............................................................................90 Municipal Code Enforcement Board................................................................90 Parks and Recreation Advisory Board.............................................................. 91 Planning Commission........................................................................................91 Police Pension Board of Trustees..................................................................... 91 Public Art Advisory Board................................................................................. 91 Venice Housing Authority................................................................................. 91 Acronyms................................................................................................................... 95 Local Government Vocabulary.................................................................................. 96 Section4............................................................................................97 Cityof Venice Budget................................................................................................ 98 It's Time for Budget 101..................................................................................103 DepartmentalFunctions.........................................................................................107 City Manager (Charter Officer).......................................................................107 City Clerk (Charter Officer)..............................................................................107 City Attorney (Charter Officer).......................................................................107 CityDepartments............................................................................................108 Organizational Chart...............................................................................................109 Administrative Officials and Staff...........................................................................110 Section5..........................................................................................111 Compensation.........................................................................................................112 Benefits .......................112 The Office of the City Clerk.....................................................................................113 GeneralDuties.................................................................................................113 StatutoryDuties..............................................................................................113 Page 14 Introduction Welcome to Venice in your new role as city council member. Chapter 11776, Special Acts of 1925, Extraordinary Session established the City of Venice, as amended. Following passage of the city charter in 1926, the City of Venice became incorporated and governed by a mayor and council. The seven council members, including the mayor, are elected at large for staggered three-year terms. The council is vested with all legislative powers and its members are the community's decision makers. Council meets twice a month in order to hold public hearings and make policy decisions regarding municipal business and services. The city council promotes open access to and participation in city government processes, ensuring a quality community with a safe and attractive environment. We have come very far since this time and although we look different, our commitment continues in making Venice a wonderful place to live and work. Now you can be an active part of this exciting process! CITY OF VENICE VISION The city's vision statement is to maintain Venice as a vibrant, charming, historic community in which to live, learn, work and play. CITY OF VENICE MISSION STATEMENT The mission of Venice City Government is to provide exceptional municipal services through a financially and environmentally sustainable city with engaged citizens. CITY OF VENICE CORE VALUES Productive Responsible Innovative Dedicated Ethical Page 16 Y, . _ Welcome Letter from the City Clerk As you begin your term as a member of council, I would like to officially welcome you to the City of Venice. The city clerk's office is pleased to help you adjust to city business. This manual is designed for your use and reference during your tenure as council member. The Charter and Code of Ordinances is available in my office or on the city website. The comprehensive plan and land development code are available in the planning and zoning office and on the city website. The budget and annual reports are available in the finance department and on the city website. The Florida Statutes are available in my office and on-line. The Florida Administrative Code and Advisory Opinions of the Commission on Ethics are available on-line. There is a reading file in my office consisting of documents addressed to the city clerk or city council. This reading file is available to council, press, and general public. There is so much to read and learn, please do not hesitate to request information or assistance — we are here to serve you. I would like to have the opportunity to discuss general office procedure matters with you at your earliest convenience. Since all council members have varied schedules, we would like to determine how we could best accommodate you. Heather Taylor is the Assistant City Clerk and Secretary to Council. Heather handles correspondence, telephone calls, travel arrangements, supplies and any other items pertaining to council. Mercedes Barcia is the Recording Secretary for city council meetings and also handles correspondence, telephone calls, appointments, travel arrangements and other duties as required for the Mayor. Terri Krabill is the Records Manager and her office is located on the second floor. Adrian Jimenez is the Recording Secretary for several of the other boards and handles the meeting room calendars and other duties. The Florida League of Cities sponsors an Institute for Elected Municipal Officials at various locations and times during the year, which is highly recommended for you to attend. I will let you know when they publish the next locations and dates for the class. If you have any questions, please feel free to stop by my office anytime. Again, welcome to the City of Venice. Lori Stelzer, MMC City Clerk Page 17 41 - - I 4 A Quick Civic Review Florida League of Cities Publication Just What is a Florida City? In Florida, a city is a municipal government. The founding citizens choose the name, and in doing so, decide whether to call the municipality a city, town or village. There is no legal difference between the three. In other states, the governing structure is often dictated by the Legislature. COY: o Sot S ~f of it," A municipal government is a public corporation. The council, or commission, is the board of directors, elected by the stockholders, who are the citizens. The public corporation is formed to provide self -governance and a variety of services. The charter, which is a city's constitution, is written to form the municipality and is similar to articles of incorporation. The charter sets forth the boundaries of the municipality, its form of government, the size of the council and certain governmental processes. In Florida, the Legislature approves the incorporation through a special act, and the charter is approved by the citizens through a referendum. Besides being a public corporation, however, a municipality is an independent, general-purpose local government. General purpose means there is a wide range of services provided by the entity. City Rights and Privileges In Florida, a city is recognized with certain rights and privileges as such a government. The most important of these rights is Home Rule. The state Constitution recognizes that cities may enact their own ordinances and self -govern — so long as the city's law does not conflict with the state and federal law. This Home Rule power was repeatedly sought by early Florida city officials. It was placed into the state Constitution in 1968, and later ratified through legislation in 1973. Municipal Home Rule powers do not extend to fiscal Home Rule, however, because the state reserves all taxing authority to itself. Cities are not "of" the state, cities in Florida are "in" the state. This is an important distinction between municipal governments and other local governments. Why Cities Are Formed Cities are the heart of the social contract. People first lived together for safety. As civilizations were created, people sometimes lived with families, tribes or other communal entities. Scholars often look to Athens in ancient Greece as the first great city, with its democratic involvement of the public in government and its progressive services. Page 18 As the centuries passed, safety remained a concern, but people also chose to live near one another for other reasons. Today, when people choose to live near others and to share public infrastructure, such as streets, sidewalks, water and sewer systems and parks, they agree to abide by a set of rules. These rules are known as ordinances, which guide a city's residents. Living in a city, in Florida, requires choice. As people look for a place to live, many things may affect their decision — such as distance from work, quality of schools, or other things that are important to them and their family. They also agree to become part of the support to this government, to pay their share for utilities and services. In Florida, this often means they agree to pay city property taxes in addition to those they pay to the county and the school district. With self -governance comes responsibility. What Are Florida Cities Like? One of the most fascinating things about the municipalities in Florida is the tremendous difference in them. There are 411 municipalities in the state, and no two are alike. During the decade from 1950 to 1960, more than 100 cities in Florida were incorporated. More than 9.5 million Floridians reside in a city, town or village — equaling about 51 percent of the state population. The majority of Floridians — by a small percentage — live in unincorporated county areas. City populations range from 5 (City of Weeki Wachee) to more than 800,000 (City of Jacksonville). Sixty percent of the 411 cities are under 10,000 in population. Florida is a state composed of mostly smaller cities, with the median city population at 5,510. Florida's cities have a suburban flavor, as none are as large or urban as New York, Los Angeles or Chicago. Many of the cities were planned for retirees and do not have a central business area. A few are completely residential. Some grew up around military bases and popular tourist destinations. The fishing and agricultural industries have also caused the creation of coastal cities, towns and villages. Every City is Full Service Just as no two city charters are alike, each city's menu of services is also different. A common practice among chambers of commerce and other promotional agencies is to label city and county governments as "full service." This is an unfortunate label because it is hard to define — each city offers those services desired by it own citizenry. Some Florida cities do not pave every street, have a centralized water or sewage system, or offer police, fire, or parks and recreation services. Some cities offer each one of these services and also offer natural gas or electric utilities. Page 19 y_ u For some cities, the most important service is building code standards and inspections, and planning and zoning. Some of these services are also offered by special districts and counties, and are delivered to citizens both inside and outside of city boundaries. The most important aspect of municipal services is that the services are created to meet the demands of the residents. Each Florida municipality is "full service" to its own citizens because the citizens determine which services will be provided. The Structure of Governments in Florida One of the Florida League of Cities' missions, as stated in its strategic plan, is to increase the public's understanding of municipal government in Florida. To do that, we often include information on Florida's overall governmental structure. To truly understand what a city is, it is important to understand the structure of other local governments. Florida became a state in 1845. Under previous British and Spanish rule, territorial leaders had recognized local and regional governance. Two city charters in particular — St. Augustine and Pensacola — were recognized as municipal governments. Upon becoming a territory of the United States, two counties were created that split the state into halves. Over time, the number of counties grew as the state sought to provide its services throughout Florida. A county is a sub -state, or arm of the state, and every inch of Florida is within a county. Counties are constitutionally created, and the boundaries can be changed only by the Legislature. Today, Florida has 67 counties — the oldest created in 1821 and the newest in 1925. The board of county commissioners is the elected body that oversees a county's governance. Counties must carry out constitutionally mandated responsibilities, and those established by the state. The constitutional services of a county are law enforcement and jail administration, tax collection, property appraisal, state court administration and supervision of elections. In addition, counties are charged with road maintenance, public health, solid waste disposal and other environmental responsibilities. Other county services are offered as determined by the elected county officials. Florida has 67 other units of local government — school districts. These constitutionally created districts share the same geographical boundaries as each county, but the school district is a separate government. School districts have elected boards that govern the day-to-day operations of public education for grades K-12. School districts are a special-purpose local government. Funding is provided through property taxes and state revenues. Page 1 10 Florida has another type of local government, the special district. There are two types of special districts: independent and dependent. Independent districts are created by the Legislature for a specific purpose, to be provided in a certain area. The funding and governance of each one is set by the Legislature. Examples of independent special districts include water management districts, fire service, inland navigation, ditch maintenance and the like. Florida also has dependent special districts, which are created by cities and counties. These districts are governed by the city or county elected commission, and derive their authority, funding and support from that government. Examples of dependent special districts include downtown improvement authorities, community redevelopment authorities and special taxing districts. There are about 600 independent and 300 dependent special districts throughout Florida. So, cities are not counties, they are not school districts, and they are not special districts. Cities are publicly created, independent governments designed by their citizens, for their citizens. They are the only voluntary level of local government in the Sunshine State. Cities require choice on the part of their residents, and with that choice comes the benefit of grass -roots democracy, true self -governance, and home rule powers. The Need for Civic Education Statewide statistics show that 30 percent of Floridians are natives, while 70 percent moved here from somewhere else. This can greatly affect a Floridian's understanding of state and local government in the Sunshine State. For most people, their civics lessons were given in high school. Upon moving here, there aren't always opportunities for new residents, especially adults who are out of school, to quickly learn how their governments function. City officials can play a great part in helping to educate all Floridians about their governments, and the League wants to help make that happen. Everyone benefits from an informed public! Page 1 11 J, What Do I Really Need To Know as an Elected Official? Florida League of Cities Publication Y: Congratulations — and welcome to municipal governance in o Florida! Your "to do" list was probably pretty long while you were running for office. Now that you've won, there's little doubt that t your list has not been shortened. Here are a few ideas to help your %it understanding of the municipal picture in Florida — a combination of facts, suggestions and resources that might help. In many municipalities, orientation workshops are provided to newly elected officials. The orientation is critical! The Florida League of Cities and the Florida Institute of Government also provide elected official sessions three times per year in locations around the state. This workshop is called the Institute for Elected Municipal Officials (IEMO). No matter where you receive this training or whether it is provided in a formal or informal setting, there is specific information that should be made accessible to you as an elected official. The most helpful information answers questions that center around 1) getting the job done (as an elected official) and 2) what you need to know to be effective in office. To begin, let's discuss the major information and documents that you as an elected official will need to know or know how to access for answers. You may not refer to the office you now hold as a job, but I assure you it is a job. It is a job that requires a certain level of expertise, knowledge, resources and tact. Aren't those the same SKAs (skills, knowledges and abilities) required of most jobs? Jobs take time to do effectively, but with the right tools and support, the time required can be minimized and constructive. Contrary to what you may believe, elected officials are not expected to know it all or have all of the answers. They are, however, expected to know where to go to get the answers, and to come up with solutions that at least attempt to resolve problem situations. Elected officials come from all walks of life, and therefore bring to their councils/commissions an immeasurable wealth of knowledge and talent. Like any new job, however, there are some basic SKAs that an elected official must equip himself or herself with for success. So what do you need to know? Information you need could be divided into two areas. The first area 'is information that comes directly from the municipal government and is developed by the municipality. Your city should provide you with the following documents and include a review in your orientation: • City/County Charter, which contains laws governing your local government and can normally only be changed by referendum (a vote of the electors); • Code Book (of Ordinances), which contains the laws passed by the locally elected governing body; Page 112 %• s • Land Development Code and access to the city comprehensive plan; • City Organizational Chart; • Annual Fiscal Year (Operational) Budget; Five -Year Capital Program (Capital Budget); and • Fiscal Year Comprehensive Annual Financial Report. All of these documents provide information that is basic to the governing of the local government. In addition, workshops should be provided by staff to elected officials to explain these items: • How to read and understand the city budget; How the budget works (for example, can funds be moved between line items or budget categories?); • What happens to funds that result from under -expenditures; • How the city handles over -expenditures, etc.; • Whether there is a rainy -day (reserve) fund; • What debt service funds and enterprise funds are; • What your city's financial policies are, including investment and reserve policies; and • What the immediate and long-term effects of grants, etc., are. Also, you should talk with your finance officer about the forecast of your local government with regard to the county, state and federal governments. Another subject to discuss is the capacity of the city's current tax structure for the city. Asking for answers to these questions should not be seen as an effort to micromanage one's local government, but rather as a way to become better informed so as to better understand and appreciate actions recommended or taken by management. The second area of information important to elected officials is information that is directly related to local government. This is information that has a direct bearing on how the local government conducts its business. Documents and information that would fall under this area include the following: • The "Government -in -the -Sunshine" Manual, which provides a reference guide to the open meetings and public record laws, as well as exemptions to those laws approved by the state Legislature during the preceding legislative session. Newly updated manuals are available for purchase from the First Amendment Foundation at around February of each year. The Office of the Attorney General prepares the manual. • A parliamentary procedures manual. The newest version of Robert's Rules of Order is the 10th edition. • The "Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees," from the Florida Ethics Commission. This pamphlet explains the Page 1 13 4� a various forms that must be completed when elected or appointed officers have voting, business or related conflicts, and for reporting gifts. The Florida Municipal Officials' Manual, which was included as a DVD in the welcome packet sent to you from the League. It is also available online. This manual gives a quick overview of cities, towns and villages in Florida (their structure and function), city services, revenue and tax structure, the Sunshine Law and other municipal requirements. It is a valuable resource! Elected officials have online access to the following: Attorney General opinions; Florida Commission on Ethics opinions; Division of Elections opinions, as well as the Election Code; and • Florida Statutes Laws of Florida and Florida Constitution. Elected officials also should meet with their clerk or archives staff person to review the Department of State, Division of Records Management, basic policies on public records retention and destruction. You might wonder why access to this type of information is important, since you have legal staff and management staff to answer questions in such matters. That is true, but the citizens who will give you the worst heartburn are those who know the above -mentioned laws and opinions. A little knowledge on your part in this area can and will go a long way when working with these citizens. And, with daily changes to technology and communications devices, we all need to stay current on laws and rulings. Your local and state leagues two valuable resources for elected officials are local and regional leagues and the Florida League of Cities. You usually cannot violate the open meetings/open records laws of Florida by talking to the elected officials of a neighboring city or from another area of the state. What better place to meet these folks than the regular meeting of your local or regional league, or at a statewide conference of the Florida League? Manasota League of Cities serves the Venice area. Lynn Tipton is director of FLC University for the Florida League of Cities. She may be reached by e-mail or by telephone at Itipton@flcities.com or (850) 222-9684. Page 1 14 Council -Manager Government The City of Venice's Charter provides that the city will function under the Council - Manager form of government. What Does that Mean? We all know the history of our federal government, but the history of municipal government is not a subject of widespread study. There are four basic forms of municipal government today: coucicil-weak mayor, council -strong mayor; commission; and council-manager. The council-manager form of government is considered one of the key elements in twentieth-century municipal reform based on the premise that a strong and non- political executive office should handle the administration of municipal government. This has become a very popular system of government in thousands of American cities. Those easily understand it that are familiar with the business world as well, as it is similar to the prototype of a business corporation. Please use this illustration as an example: The voters (stockholders) elect the Council (board of directors), including the Mayor (chairman of the board), which in turn, appoints the Manager (chief administrative officer). What does the City Manager do as "chief administrative officer?" Appointed to an indefinite period by the mayor, with advice and consent of council, he' is directly responsible to council for the day-to-day management of the city. He directs, supervises and coordinates the various city departments under his jurisdiction, appoints and removes the directors of those departments, prepares the budget for council's consideration, and makes reports and recommendations to the council. All department heads (except charter officers) report to the manager. What does the Mayor do as "chairman of the board?" The mayor presides at city council meetings and votes on all matters, as the vice - mayor will do in the mayor's absence. He must know the basic operations of parliamentary procedure, rules for citizens' comments and other procedural etiquette. The mayor serves as the ceremonial head of the city; he executes contracts, signs checks, and represents the city in all agreements with other governmental entities. He makes all appointments of charter officers and all operating and advisory boards, with the advice and consent of city council. The mayor is an important political figure, but he has little, if any, decision -making role in the day-to-day 1 Editor's Note: To avoid lengthy references, the masculine pronoun "he" will be used when the gender of the antecedent is unknown. Page 115 4 M administration of city government. What is the function of City Council? The Council's main functions may be categorized in the following: ■ Passage of Local Laws ■ Determination of Policy ■ Supervision of Administration ■ Selection of a City Manager ■ Board/Committee Appointments Passage of Local Laws This function flows directly from the authority granted the council by the voters who elected them. The review and adoption of ordinances by Council establish the rules by which all council actions, staff work and appointed boards should be governed. Determination of Policy This is the process of deciding what is to be done. The council should not confuse this with how a program is to be administered, which is the job of the city manager. In its simplest terms, WHAT TO DO is policy making; HOW TO DO IT is administration. Interference with Administration Council members are encouraged to closely scrutinize, question and observe the operation of city government so as to obtain independent information to assist them in the formulation of sound policies to be considered by city council. However, any recommendations for improvement in city government operations are to be made through the charter officers, so that they may coordinate efforts of their departments to achieve the greatest possible savings through the most efficient and sound means available. No member should give orders, either publicly or privately, to employees under the direction and supervision of a charter officer. City council shall deal with employees solely through the charter officer. Selection of a City Manager The mayor appoints the city manager with the advice and consent of at least five members of city council. The city manager serves at the pleasure of the council. The council should develop a working relationship with the city manager by seeing that the manager has a chance to administer policy properly, and to evaluate administrative accomplishments. Should the office of city manager become vacant, it is the mayor's and. city council's responsibility to fill the office with the person best suited and most qualified to do the job. The city council may establish any procedure it desires to select a city manager. Charter Officer Appointments The city council provides advice and consent to the appointment of a city attorney and city clerk to carry out the duties stated in the city charter. These charter officers serve at the pleasure of council, and they are to advise both the city council and the Page 1 16 entire city staff/administration on matters within their area of expertise. Board/Committee Appointments The city council may also provide advice and consent to the mayor in the appointment of citizens to any of the various advisory boards serving the city. Page 117 The Municipal Charter The charter is an essential and fundamental element of the city. No municipal government may be created without a proposed charter, and no municipal government may exist without a charter. It contains the basic provisions for the organization of our government. According to the National League of Cities, a good charter is one which "...sets before the citizens a clear picture of their own responsibilities and powers and before the officials and employees a statement of their duties and mutual interrelations." The charter must originate within the community and must be formally approved by the citizens as represented by a majority of the registered voters of the community. The charter is, in a sense, the statement from the residents regarding the extent and form of government, which they desire. Highlights of Information Contained in Venice's Charter ■ Powers as a city ■ Composition and powers of the council ■ Procedures regarding vacancies in council membership ■ Charter officers' powers and duties ■ Fiscal year and budget/city finances ■ Issuance of general obligation and revenue bonds ■ Capital improvements ■ Personnel issues ■ Election requirements, initiative, referendum and recall ■ Municipal annexation/contraction How is the Charter Amended? Chapter 166 of the Florida Statutes governs the general provisions for charter amendments. It states as follows: F.S. 166.031 CHARTER AMENDMENTS 'The governing body of a municipality may, by ordinance, or the electors of a municipality may, by petition signed by 10 percent of the registered electors as of the last preceding municipal election, submit to the electors of a said municipality a proposed amendment to -its charter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such municipalities. The governing body of the municipality will place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose." The charter then may be amended from time to time. However, there is no set requirement as to how often the charter will be amended. Page 119 -0 r Please read the charter and become very familiar with it, and feel free to ask questions for clarification. The charter, more than anything else, is your guidebook to the way the City of Venice will be governed, and the citizens of Venice have ratified it. Page 120 CHARTER AND RELATED LAWS Subpart A - CHARTER FOOTNOTE(S): Editor's note— Printed herein i:; the Crnarter of the City of Venice. Flonaa. as by Oid u33 -7 i Oil Nlay 5, 1:,7i and by referendum on June? i IJ 7, arid efieCilJd Of, June 27, 1977. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines, citations to state statutes and expression of numbers in text has been used. Additions made for clarity are indicated by brackets. ARTICLE I. - POWERS, FOOTNOTE(S): --- (2) --- State Law reference— General municipal powers, F.S. § 166.021. Sec. 1.01. - Continuance of municipality, perpetual succession, common seal. The municipality known and designated as the City of Venice, established, organized and constituted in the County of Sarasota, Florida, by Laws of Fla., ch. 11776(1925), as amended, shall continue to be a body politic and corporate under the name of the City of Venice, and as such shall have perpetual succession and use an official seal. Sec. 1.02. - Powers. The City of Venice shall have the governmental, corporate and proprietary powers to enable it to conduct and perform municipal government, municipal functions, and render municipal services; and may exercise any power for municipal purposes, except when specifically prohibited by law. Sec. 1.03. - Extraterritorial powers, taxation, liens. All extraterritorial powers and jurisdiction, powers of taxation and powers to impose and enforce liens that the city now has are preserved and shall remain in full force and effect. Editor's note Provisions of the former Charter and special acts relating to extraterritorial powers are set out in Subpart B following this Charter. Sec. 1.04. - Construction. The powers of the city shall be construed liberally in favor of the city, limited only by the constitution, special and general law and specific limitations contained herein. Future special acts pertaining to the jurisdiction and exercise of powers by this city shall be considered amendments to this Charter and, pursuant to the provisions adopted for incorporation of other Charter amendments, shall be incorporated as official amendments to the Charter. ARTICLE II. - CORPORATE BOUNDARIES Sec. 2.01. - Corporate boundaries. The corporate boundaries of the City of Venice shall remain fixed and established as they exist on the date this amended Charter takes effect, provided that the city shall have the power to change its boundaries in the manner prescribed by law. Page 121 Sec. 2.02. - Municipal annexation or contraction. Annexation or contraction of municipal boundaries shall be by nonemergency ordinance enacted in accordance with the provisions of general law. Any change in municipal boundaries through annexation or contraction shall revise the corporate boundaries as described in section 2.01. State law reference— Municipal annexation or contraction, F.S. ch. 171. ARTICLE III. - LEGISLATIVE FOOTNOTE(S): --- (3) --- State Law reference— Municipal home rule powers, F.S. ch. 166. Sec. 3.01. - City council, powers, composition. There shall be a city council which shall be the governing body of the city with all legislative powers of the city vested therein, composed of six councilmembers and a mayor, hereafter referred to as the city council; all to be elected at large. They shall assume their offices upon certification of their election. Sec. 3.02. - Mayor and vice -mayor. (a) Duties of mayor. The mayor shall preside at meetings of the city council and shall have a vote on all matters. The mayor shall have no veto power. The mayor shall be recognized as head of city government for all ceremonial purposes; by the governor for purposes of military law; for service of process; for execution of contracts, deeds and other documents; as signer of checks for payment of obligations, and as the city official designated to represent the city in all agreements with other governmental entities. The mayor shall make all appointments of principal officers mentioned in this Charter and all operating and advisory boards, with the advice and consent of the city council, as provided in this Charter. The mayor shall have only those administrative duties required to carry out the above responsibilities. (b) Vice -mayor. A vice -mayor shall be elected by and from the members of the city council at the first regular council meeting following the city election. The vice -mayor shall act as mayor during the absence or disability of the mayor. (Ord. No. 99-3, § 2, 1-26-99) Sec. 3.03. - Qualifications. Any resident of the city who has been a registered voter in the city for 12 consecutive months prior to the first day of qualifying shall be eligible to hold the office of mayor or city councilmember. A resident, for the purpose of qualifying for office, shall be a person whose principal place of physical residence is in the city on a continuing basis. The city council shall be the judge of the election and qualifications of its members. (Ord. No. 99-3, § 2, 1-26-99) Sec. 3.04. - Elections, terms of office and term limits. (a) The elected term of office for the mayor shall always be three years and no person shall serve as mayor for more than three consecutive elected terms. (b) The elected term of office for city councilmembers shall be three years. The terms shall be staggered so that two city councilmembers shall be elected each year. Under certain circumstances as specified in Section 3.07, a city councilmember may be elected to serve the remaining portion of an unexpired term. No person shall serve as a city councilmember for more than three consecutive elected terms. Page 122 (c) No person shall serve as mayor and as a city councilmember in any combination for more than six consecutive elected terms. (d) Appointed or elected partial terms of office to fill vacancies pursuant to section 3.07 shall not be counted for the purpose of computing term limits under section 3.04 (0,d Nlu. 9-13, J 2, 1-25-91 , Or Nv 23 J' 'J J 2, G-22-03, Ord ',Io 20, 1J'J J, A, iI 1", Sec. 3.05. - Compensation and expenses. An ordinance by the city council increasing or decreasing the compensation of the mayor and other city councilmembers shall be submitted to referendum at the next regularly scheduled election, and shall become effective immediately if approved. In addition, an ordinance increasing or decreasing the compensation of the mayor and other city councilmembers may be approved by the registered voters of the city via an initiative proceeding under Article IX, and shall become effective immediately if approved. (Ord. No 1232-86, exhibit A, § 1, 10-14-86; Ord. No. 2013-36, exh. A. 11-26-13) Sec. 3.06. - Prohibitions. (a) Appointment and removals. A city councilmember shall not in any manner dictate the appointment or removal of any city administrative officer or employee whom the Charter officers or any of their subordinates are empowered to appoint, but any city councilmember may express his or her views and fully and freely discuss with the appropriate Charter officer anything pertaining to appointment and removal of any officer or employee. (b) Interference with administration. Except for the purpose of inquiries and investigations, the city council shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. Councilmembers shall, however, closely scrutinize, by questions and personal observation, all aspects of city government operations so as to obtain independent information to assist members in the formulation of sound policies to be considered by the city council. It is the express intent of this charter, however, that recommendations for improvement in city government operations by city councilmembers be made to and through the charter officers, so that they may coordinate efforts of their departments to achieve the greatest possible savings through the most efficient and sound means available. (c) Holding other office. No former elected city official shall hold any compensated appointive city office or employment until one year after the expiration of the term for which the official was elected. (d) Relinquishing city property. The city shall not relinquish any right that it has in real property, a road right-of-way or easement of public streets without a public notice and a public hearing. (Ord. No. 1232-86, exhibit A, § 2, 10-14-86; Ord. No. 2013-36, exh. A, 11-26-13) Sec. 3.07. - Vacancies, forfeiture of office, standard of conduct, filling of vacancies, emergency succession, procedure of forfeiture. (a) Vacancies. The office of the mayor or a city councilmember shall become vacant upon death, resignation, forfeiture of office or removal from office in any manner authorized by law. Such forfeiture to be declared by the remaining members of the city council or upon the assumption of duties of another office pursuant to subsection 3.07(d)(1). (b) Forfeiture of office. A councilmember shall forfeit that office if the councilmember: (1) lacks at anytime during the term of office for which elected any qualification for the office prescribed by this Charter or by law, Page 123 (2) violates any express prohibition of this Charter, (3) is convicted of a crime involving moral turpitude, or (4) fails to attend three consecutive regular meetings of the city council without being excused by the city council. (c) Standard of conduct. The public officials and employees of the City of Venice are governed by the Florida Code of Ethics (F.S. § 112.311 et seq., as amended) and by those additional standards of conduct that are or may be adopted by the City of Venice. Violation of any provisions of such codes of ethics or standards of conduct shall constitute grounds for forfeiture of office as well as be subject to any civil and/or crimina! penalties provided by law. (d) Filling of vacancies. (1) In the event of a vacancy in the office of mayor, the vice -mayor shall assume the duties of mayor until the next regular city council meeting at which time the city council shall appoint a mayor from amongst its members. The appointed mayor shall serve until the next municipal election when a mayor shall be elected to serve a three-year term of office; the acting mayor shall then resume his or her seat on the city council for his or her remaining unexpired term. The vacancy created by the appointment of the mayor shall be filled by appointment by the city council for the duration of that vacancy. (2) Vacancies in the office of city council shall be filled by the city council with any qualified resident so appointed to serve until a successor is elected at the next regular municipal election or special election earlier called for that purpose. A person elected in such election will serve the remaining unexpired term of the city councilmember whose vacant office is being filled. (3) If a vacancy is not filled by the city council within 30 days after the vacancy occurs, a special election shall be held within 60 days after such a vacancy occurs; and the person so elected shall serve the remaining unexpired term of office. (e) Emergency succession. The city council shall adopt by ordinance, a plan for emergency succession. (f) Procedure of forfeiture. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing. Decisions made by the city council under this section shall be subject to judicial review. (Ord. No. 1232-86, exhibit A, § 3, 10-14-86; Ord. No. 99-3, § 2, 1-26-99; Ord. No. 2006- 36, § 2, 8-22-06; Ord. No. 2013-36, exh. A, 11-26-13) Sec. 3.08. - Procedure. (a) Meetings. The city council shall meet regularly at such times and places as necessary to effectuate the city's business and that will encourage and permit attendance by the greatest number of city residents. Special meetings may be held on the call of the mayor or of a majority of the councilmembers. All meetings shall be public except as exempted by state law. (b) Rules and journal. The city council shall determine and adopt its own rules and order of business by ordinance. However, in the absence of a rule, Robert's Rules of Order (latest edition) shall govern. The city council shall keep written minutes of all regular and special meetings which shall be a public record and which shall be open for inspection by the public. (c) Voting. Voting on ordinances and resolutions shall be recorded in the minutes of all meetings. A total of four persons, with or without the mayor, shall constitute a quorum. A smaller number may convene from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed in the rules of Page 124 the city council. Four affirmative votes shall be required to approve a contract, to pass a resolution or for the final adoption of an ordinance. (Ord. No. 1232-86, exhibit A, § 6, 7, '10-14-86, Ord. No. 2013-36, exh. A, 11-26-13) Editor's note Formerly codified as § 3.09, renumbered by Ord. No. 2013-36, adopted Nov. 26, 2013. State law reference— General procedure for passage of ordinances or resolutions, F.S. § 166.041; authority to specify additional requirements, F.S. § 166.041(6); Public Records Act, F.S. ch. 119; open meetings law, F.S. § 286.011. Sec. 3.09. - City clerk. (a) Appointment and qualifications. The mayor shall appoint a city clerk, with the advice and consent of the city council, who shall serve at the pleasure of and for such compensation as determined by the city council. The city clerk shall be appointed solely on the basis of professional qualifications. (b) Duties. The city clerk shall be head of the department of records and custodian of all official records of the city and shall be responsible to the city council for the proper administration of all affairs concerning the records of the city placed under the city clerk's authority and shall: (1) Perform such duties as may be prescribed by law, by the City Charter, by ordinances of the city and by direction of the city council. (c) Appointment of deputy city clerks. The city clerk may appoint such deputy city clerks as may be necessary to efficiently carry out the city clerk's duties. The appointment of any such deputy city clerk shall be presented to council in the form of a written resolution subject to a majority vote of council. Such appointment must be of record before the signature of any such deputy city clerk shall be effective. (d) Direction and supervision. The city clerk shall direct, supervise and administer all the employees of the clerk's department provided by charter, ordinance, resolution, rules and regulations of the city, or by general law. (Ord. No. 1232-86, exhibit A, §§ 4, 5, 10-14-86; Ord. No. 99-3, § 2, 1-26-99; Ord. No. 2013-36, exh. A, 11-26-13) Editor's note Formerly codified as § 3.08, renumbered by Ord. No. 2013-36, adopted Nov. 26, 2013. Sec. 3.10. - City attorney. (a) Appointment and qualifications. The mayor shall appoint the city attorney, with the advice and consent of the city council, who shall serve at the pleasure of and for such compensation as determined by the city council. The city attorney shall be a member of the Florida Bar. (b) Duties. The cityfattorney shall serve as the chief legal adviser to the city council, all boards and commissions, the city manager, the city clerk and all departments, offices and agencies. He shall supervise and/or represent the city in all legal matters except as otherwise directed by city council. He shall also perform any other duties as directed by the city council or prescribed by state law, by this Charter or by ordinance. (Ord. No. 2013-36, exh. A, 11-26-13) Sec. 3.11. - Reserved. Page 125 at Editor's note Ord. No. 2006-36, § 2, adopted Aug. 22, 2006, repealed section 3.11 in its entirety. Former section 3.11 pertained to the finance director, and derived from Ord. No. 1232-86, exhibit A, § 8, adopted Oct. 14, 1986. ARTICLE IV. - CITY MANAGER FOOTNOTE(S): Editor's note— Formerly entitled "Administrative", renamed by Ord. No. 2013-36, adopted Nov. 26, 2013. Sec. 4.01. - City manager. There shall be a city manager who shall be the chief administrative officer of the city and who shall be responsible to the city council for the administration of all city affairs placed in charge of the city manager by or under this charter. Sec. 4.02. - Appointment, qualifications, compensation, removal. (a) Appointment, qualifications, compensation. The mayor shall appoint the city manager with the advice and consent of at least five members of the city council. The city manager shall be appointed for an indefinite period. The city council shall fix the compensation of the city manager. The city manager shall be appointed solely on the basis of executive and administrative qualities, training and experience. The city manager shall reside inside the city limits while in office. (b) Removal. The city council may remove the city manager at any time, by a majority vote of all members of city council. (c) In the event of a vacancy in the office of city manager, the city council shall exercise due diligence to find and appoint a successor city manager as soon as is reasonable. (Ord. No. 99-3, § 2, 1-26-99; Ord. No. 2013-36, exh. A, 11-26-13) Sec. 4.03. - Acting city manager. By letter filed with the city council, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of the city manager during the city manager's temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease. Sec. 4.04. - Powers and duties of the city manager. The city manager shall have the following powers and duties: (a) Appointment, suspension and removal. Appoint and when deemed necessary for the good of the city, suspend or remove city employees and appointive administrative officers under the city manager's jurisdiction as provided for by City Charter, ordinance, resolution, personnel rules of the city, or by general law. The city manager may authorize any administrative officer who is subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. Provided, however, the city manager shall, with advice and consent of the city council, appoint the finance director, police chief and fire chief or those officers whose duties generally embrace those of the office of finance director, police chief and fire chief in the event of consolidation of said offices. However, the city manager may suspend or remove the finance director, police chief and fire chief or those officers whose duties generally embrace those offices upon any staff reorganization. Page 126 (b) Direction and supervision. Direct and supervise the administration of all departments, offices and agencies of the city, except the offices and departments of the city clerk and the city attorney or as otherwise provided by Charter, ordinance, resolution, rules and regulations of the city, or by general law. (c) Attendance at meetings. Attend city council meetings and shall have the right to take part in discussion but shall not vote. (d) Execution of orders. See that all ordinances, provisions of the Charter and acts of the city council subject to the enforcement by the city manager or by the officers subject to the city manager's direction and supervision, are faithfully executed. (e) Preparation of proposed budget and capital program. Prepare and submit the proposed annual budget and capital program to the city council. (f) Financial report. Submit to the city council and make available to the public, on a timely basis, a complete report on the finances and administrative activities of the city as of the end of each fiscal year. (g) Miscellaneous reports. Make such other reports as the city council may require concerning the operations of the city departments, offices and agencies subject to the city manager's direction and supervision. (h) Recommendations to city council. Keep the city council fully advised as to the financial condition and future needs of the city. Recommendations to the city council concerning the affairs of the city shall be made by the city manager on a timely basis. (i) Miscellaneous duties. Perform such other duties as are specified in the Charter or as may be required by the city council. (Ord. No. 1232-86, exhibit A, § 9, 10-14-86; Ord. No. 2013-36, exh. A, 11-26-13) Sec. 4.05. - Personnel procedures. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence. The city council shall establish by ordinance, personnel procedures and rules. ARTICLE V. - FINANCIAL PROCEDURES FOOTNOTE(S): --- (5) --- State Law reference— Municipal finance and taxation generally, F.S. § 166.201 et seq.; financial matters relating to political subdivisions generally, F.S. ch. 218; local financial management and reporting, F.S. § 218.20 et seq. Sec. 5.01. - Fiscal year. The fiscal year of the city shall begin on October 1 and end on September 30 or as prescribed by general law. State law reference— A fiscal year beginning October 1 and ending September 30 is mandated by F.S. §§ 166.241(2) and 218.331(1). Sec. 5.02. - Submission of proposed budget and budget message. At least two months prior to the beginning of the fiscal year, the city manager shall submit to the city council a proposed balanced budget and additional recommendations of needs of the city for the ensuing fiscal year and an accompanying message. Without prior city council approval, the city manager's proposed general fund component of the budget shall not be increased by greater than three percent of the approved general fund Page 127 component of the budget for the prior year, or the percentage change in the Consumer Price Index for All Urban Consumers, U.S. City Average, all items 1967=100, or successor reports for the preceding calendar year as initially reported by the United States Department of Labor, Bureau of Labor Statistics, whichever is greater. Nothing herein shall prohibit the city council from adopting a budget in excess of this limitation, so long as the approved budget is otherwise in accordance with law. (UrC. No 1232-:;',. exhibr„„ 5 10, '10-14-86, Ord. iNN. 2013-36, a;<h `, 11-26-1j) State law reference— Expenditures not to exceed revenues, F.S. § 166.241. Sec. 5.03. - Budget message. The city manager's message shall explain the proposed budget both in fiscal terms and in terms of work programs. It shall outline the proposed financial policies of the city for the ensuing fiscal year, describe the important features of the proposed budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the city's debt position and include such other material as the city manager deems necessary and proper. Sec. 5.04. - Budget. The proposed budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the city manager deems desirable or as the city council may require. In organizing the proposed budget, the city manager shall utilize the most feasible combination of expenditure classification by fund, organizational unit, program, purpose or activity, and object. It shall begin with a clear general summary of its contents, shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections: (a) Operating expenditures. Proposed expenditures for current operations during the ensuing fiscal year, detailed by offices, departments, and agencies, in terms of their respective work programs, and the method of financing such expenditures. (b) Capital expenditures. Proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments and agencies when practicable, and the proposed method of financing each such capital expenditure. (c) Subsidiary expenditures. Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the city and the proposed method of its disposition. Subsidiary proposed budgets for each such utility giving detailed income and expenditure information shall be attached as appendices to the proposed budget. State law reference— Requirements for budget, F.S. § 200.065. Sec. 5.05. - Capital program. (a) Submission to the city council. At least three months prior to the beginning of the fiscal year, the city manager shall, after consulting with the Local Planning Agency, prepare and submit to the city council a proposed five-year capital program which shall be in accordance with the city comprehensive plan. (b) Content. The program shall include: (1) A clear summary of its contents. Page 128 V (2) A list of all capital improvements which are proposed to be undertaken during the next ensuing five fiscal years, with appropriate supporting information as to the necessity for such improvements. (3) Cost estimates, method of financing and recommended time schedules for each such improvement. (4) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. (c) Capital program. The capital program shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. (Ord. No 1232-86, exhibit A, § 11, 10-14-86) Sec. 5.06. - City council action. The city council shall adopt a balanced budget. The city council shall publish in one or more newspapers. of general circulation in the city the places and times where hearings on the budget and capital program will be held. After such public hearings the city council may adopt the budget with or without amendment, provided that the total authorized expenditures shall not be greater than the total anticipated funds for any fiscal year. If the budget is not adopted by the city council before the first day of any fiscal year, the amounts appropriated for current operations for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month -to -month basis until such time as the city council adopts a budget for the ensuing fiscal year. The budget shall be adopted in the form of an ordinance and shall constitute appropriation of the amounts specified therein as expenditures of the funds indicated. (Ord. No. 1232-86, exhibit A, § 12, 10-14-86; Ord. No. 99-3, § 2, 1-26-99) State law reference— Mandatory procedure for adoption of budget, F.S. § 200.065. Sec. 5.07. - Finance department. (a) Establishment. There shall be a finance department within the city administration which shall be headed by the finance director. (b) Responsibilities. The finance department shall have the responsibility to account for all city funds and status of bond issues and other city indebtedness, for day to day receipts and disbursements of city funds, for encumbering the budget appropriations, and for all internal auditing procedures of all city departments. The finance department shall make reports and audits of other departments as required by the city manager or the city council. (Ord. No. 99-3, § 2, 1-26-99) State law reference— Financial matters, F.S. ch. 218. Sec. 5.08. - Depositaries and investments. Depositaries of city funds for demand deposit and time deposit accounts shall be selected by the city council. The policy for investment of all other city funds shall be established by the city council. State law reference— Similar provisions, investment of local government surplus funds, F.S. § 281.401 et seq. Sec. 5.09. - Surety bonding. The city council shall determine what city positions shall be bonded and the amount of such bond. Page 129 Sec. 5.10. - Audits. (a) Financial audits. The city council shall provide for an independent financial annual audit of all city accounts and provide for such more frequent audits as it deems necessary. Each audit shall be as extensive and serve such special purpose as the city council may deem necessary from time to time. Such audits shall be made by a certified public accountant or a firm of such accountants who have no direct interest in the fiscal affairs of the city government or any of its officers. The city council may, without requiring competitive bid, designate such accountant or firm annually or for a period not exceeding three years, provided that the designation for any particular fiscal year shall be made at least 90 days prior to the end of such fiscal year. If the State of Florida makes such an audit, the city council may accept such audit as satisfying the requirement of this section. (b) Managerial audits. The city council shall provide for an independent managerial audit of such city departments as it may deem necessary from time to time. Such audits shall be made by a competent individual or firm who has no direct interest in the managerial affairs of the city or any of its officers. The city council may, without requiring competitive bids, designate such individual or firm. (Ord. No. 95-40, exhibit A, § 1, 10-24-95) State law reference Annual audits required, F.S. §§ 166.241(1), 218.32. Sec. 5.11. - Disclosure of financial records. (a) Budget. Copies of the budget as adopted by ordinance shall be a public record. (b) Capital program. Copies of the capital program as adopted by ordinance shall be a public record. (c) Audits. Copies of financial and managerial audits shall be public records. (Ord. No. 99-3, § 2, 1-26-99) State law reference— Public records act, F.S. ch. 119. ARTICLE VI. - GENERAL OBLIGATION AND REVENUE BONDS FOOTNOTE(S): State Law reference— Municipal borrowing generally, F.S. § 166.101 et seq. Sec. 6.01. - Power to issue. The city council shall have the power to authorize the issuance of bonds, certificates or [of] indebtedness or any form of tax anticipation certificates as provided by law. The city council shall provide for an independent financial advisor prior to any bond issuance. The independent financial advisor shall be prohibited from acting either directly or indirectly as a vendor or purchaser of the bonds. (Ord. No. 1232-86, exhibit A, § 13, 10-14-86) State law reference— Issuance of bonds, F.S. § 166.121. Sec. 6.02. - Approval of general obligation bonds. General obligation bonds shall be issued only upon approval of a majority of the votes cast in the referendum required by state law. Page 130 (Ord. No. 1232-86, exhibit A, § 14, 10-14-86) State constitution reference— Referendum required on general obligation bonds, Fla. Const., art. VII, § 12(a). State law reference— Referendum required on general obligation bonds, F.S. § 100.201; bond referendum procedure, F.S. § 100.211 et seq. Sec. 6.03. - Revenue bonds. Revenue bonds shall be issued for self-liquidating programs, or as otherwise provided by law, only by resolution approval by a majority vote plus one of the members of the city council. After enactment of the resolution authorizing the issuance of such revenue bonds, the city council shall adopt a resolution or resolutions disposing of the remaining matters incidental to the issue. (Ord. No. 99-3, § 2, 1-26-99) Sec. 6.04. - Refunding of bonds. Bonds may be refunded as provided by law to obtain a lower net average interest cost rate or to accomplish any other valid governmental purpose. ARTICLE VII. - NOMINATIONS AND ELECTIONS Sec. 7.01. - Reserved. Editor's note Ord. No. 99-3, § 2, adopted January 26, 1999, amended the Charter by repealing former § 7.01. Former § 7.01 pertained to electors, and carried no history note. Sec. 7.02. - Nonpartisan election. All nominations and elections for the office of mayor or city councilmember shall be conducted on a nonpartisan basis without regard for, or designation of, political party affiliation of any nominee or candidate on any ballot. (Ord. No. 99-3, § 2, 1-26-99; Ord. No. 2013-36, exh. A, 11-26-13) Sec. 7.03. - Qualifications. Candidates for the office of mayor or city councilmember shall qualify for the particular seat he or she seeks with the designated city official at such time and in such manner as may be prescribed by ordinance or general law. (Ord. No. 99-3, § 2, 1-26-99) Sec. 7.04. - Form of ballots. The city council by ordinance shall prescribe the form of the ballot including the method for listing candidates for mayor or city council elections and any other city election. A Charter amendment, ordinance or resolution derived from initiative or referendum, as provided for in Articles VIII and IX, respectively, to be voted on by the electors shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described (ordinance) (amendment) (resolution) be adopted?" Immediately below such question shall appear, in the following order, the word "yes" and also the word "no" with a sufficient space provided to indicate the voter's choice. Page 131 Editor's note It should be noted that Ord. No. 96-32, §§ 1, 2, adopted July 9, 1996, provided as follows: "Section 1. The form of the ballot for elections will be determined by the Sarasota County Supervisor of Elections. "Section 2. To the extent of any conflict between the provisions of this Ordinance, and any other Ordinance, Resolution, or Agreement of the City of Venice, Florida, the provisions of this Ordinance shall prevail." Sec. 7.05. - Elections. (a) Regulation of elections. Except as otherwise provided by the Charter, the provisions of the election laws of the State of Florida shall apply to elections held pursuant hereto. All elections provided for by the Charter shall be conducted by the election authorities established by law. The city council shall adopt by ordinance all regulations which it considers desirable, consistent with law and this Charter regarding the conduct of city elections, for the prevention of fraud in such elections and for the recount of ballots in cases of challenge. (b) Multiple candidates. At the regular municipal election, the person receiving the highest number of votes cast for the office of mayor or a particular council seat shall be elected to office. In case two or more persons receive an equal and highest number of votes for the same office, such persons shall draw lots to determine who shall be elected to the office. (Ord. No. 1232-86, exhibit A, § 16, 10-14-86; Ord. No. 1285-87, exhibit A, 8-25-87; Ord. No. 96-42, § 2, exhibit A, 8-27-96) State law reference— Florida Election Code, F.S. chs. 97-106. Sec. 7.06. - Special elections. Special municipal elections may be called by the city council at any time for such purposes as are authorized by this Charter or by law. Notice of all special elections shall be published in a newspaper of general circulation in the city once a week for the four weeks immediately preceding the election. Sec. 7.07. - General municipal elections. The general municipal election of the city shall be held on the Tuesday next succeeding the first Monday in November in each year. (Ord. No. 95-40, exhibit A, § 2, 10-24-95) ARTICLE VIII. - CHARTER AMENDMENTS FOOTNOTE(S): --- (7) --- State Law reference— Charter amendments generally, F.S. § 166.031. Sec. 8.01. - Charter amendments. Amendments to this Charter may be framed and proposed by either: (a) Ordinance adopted by the city council setting forth the full text of the proposed amendments. Page 132 (b) Written petition or petitions to the city council initiated by the electors setting forth the full text of the proposed amendment and signed in person by registered voters of the city in accordance with requirements of general law. All required signatures to petitions initiated by the electors must bear the dates on which each signature is affixed, and all required signatures must be affixed within a period of 90 days prior to the date such petition is submitted to the city council. (Ord. NO ?313-35 ex", A. 1 13) Sec. 8.02. - Referendum. Upon adoption of an ordinance by the city council as provided in subsection 8.01(a) of this article or upon delivery to the city council of a written petition as provided in subsection 8.01(b) of this article, the city council shall, not less than 30 nor more than 60 days thereafter, certify the petition for amendment and cause a referendum to be held on the question of adoption thereafter, certify the petition for amendment and cause a referendum to be held on the question of adoption of such proposed amendment in the manner provided by law and article VII, section 7.04 of this Charter. Sec. 8.03. - Adoption of amendment. Any proposed amendment to the Charter adopted by a majority of the registered voters of the city voting in such referendum shall become effective when filed with the office of the Department of State of the State of Florida. (Ord. No. 2013-36, exh. A, 11-26-13) Sec. 8.04. - Supplemental method of amendment. The foregoing method of proposing amendments and mechanics of holding referendums thereon shall be supplemental to the provisions of all other laws relating to amendment of municipal charters. ARTICLE IX. - INITIATIVE AND CITIZEN REFERENDUM FOOTNOTE(S): --- (8) --- Editor's note— Ord. No. 2013-36, exh. A, adopted Nov. 26, 2013, amended art. IX in its entirety to read as herein set out. Former art. IX, §§ 9.01-9.07 was entitled "Initiative and Referendum", and derived from Ord. No. 1232-86, exh. A, §§ 17, 18, adopted Oct. 14, 1986; and Ord. No. 99-3, § 2, adopted Jan. 26, 1999. Sec. 9.01. - General authority for initiative and citizen referendum. (a) Initiative. The registered voters of the city shall have power to propose ordinances or resolutions to the city council and, if the city council fails to adopt an ordinance or resolution so proposed without any change in substance, to adopt or reject it at a city election, but such power shall not extend to the budget or capital program or any ordinance or resolution relating to appropriation of money, levy of taxes, compensation of city officers or employees, except for the compensation for the city councilmembers, or any other matter prohibited by general law. (b) Citizen Referendum. The registered voters of the city shall have power to require reconsideration by the city council of any adopted ordinance or resolution, and, if the city council fails to repeal an ordinance or resolution so reconsidered, to approve or reject it at a city election, but such power shall not extend to the budget or capital program or any emergency ordinance or resolution, or ordinance or resolution relating to appropriation of money, levy of taxes, compensation of city officers or employees or any other matter prohibited by general law. (Ord. No. 2013-36, exh. A, 11-26-13) Sec. 9.02. - Commencement of proceedings; petitioners' committee; affidavit. Page 133 (a) Time for filing citizen referendum. Citizen referendum affidavits and initiating petitions must be filed within 30 days after adoption by the city council of the ordinance or resolution sought to be reconsidered. (b) Any five registered voters may commence initiative or citizen referendum proceedings by filing with the city clerk an affidavit and initiating petition stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or resolution, citing the ordinance or resolution sought to be reconsidered. Within ten business days after the affidavit of the petitioners' committee is filed, the city clerk shall, upon determining that the petition complies with requirements of section 9.02, issue the appropriate petition blanks to the petitioners' committee. If the city clerk determines that the petition does not comply with the requirements of section 9.02, the city clerk shall complete a certificate specifying the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. Thereafter, the petitioners' committee shall be dntitled to submit a corrected petition or seek judicial review. (Ord. No. 2013-36, exh. A, 11-26-13) Sec. 9.03. - Petitions. (a) Number of signatures. Initiative and citizen referendum petitions must be signed by registered voters of the city equal in number to at least ten percent of the total number of registered voters of the city. (b) Form and content. All papers of a petition shall be uniform in size and style. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Initiative and citizen referendum petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance or resolution proposed or the ordinance or resolution sought to be reconsidered as the case may be. (c) Affidavit of circulator. All papers of a petition shall have attached to them when filed an affidavit executed by the person circulating them stating that he or she personally circulated the papers, the number of signatures thereon, that all the signatures were affixed in his or her presence, that he or she believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance or resolution proposed or the ordinance or resolution sought to be reconsidered as the case may be. (d) Time for filing final petition signatures. All signatures on final petitions must be signed within six months of submission to the city clerk. (Ord. No. 2013-36, exh. A, 11-26-13) Sec. 9.04. - Procedure after filing. (a) Certificate of city clerk; amendment. The final petition with the required number of signatures and affidavits shall be assembled as one instrument for filing with the city clerk. Within 20 days after the final petition is filed purporting to have the required number of signatures, the city clerk shall complete a certificate as to its compliance with provisions of sections 9.03 and 9.04, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A final petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the city clerk within five working days after receiving the copy of the city clerk's certificate specifying insufficiency. In such case, the petitioners' committee may amend the final petition with a supplementary petition with additional signatures and affidavits within 30 days after receiving the copy of such certificate. Such supplementary petition Page 134 shall comply with the requirements of subsections (b) and (c) of section 9.03 and within five working days after it is filed, the city clerk shall complete a certificate as to the sufficiency of the final petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original final petition. If a final petition or amended petition is certified sufficient, or if a final petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request city council review under subsection (b) of this section within the time required, the city clerk shall promptly present his or her certificate to the city council and the certificate shall then be a final determination as to the sufficiency of the final petition as amended. (b) City Council review. If a petition has been certified insufficient by the city clerk and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the petitioners' committee may, within five working days after receiving the copy of such certificate, file a request that it be reviewed by the city council. The city council shall review the certificate at the next regularly scheduled meeting no earlier than ten days following the filing of such request and approve or disapprove it, and the city council's determination shall then be a final determination as to the sufficiency of the final petition as amended. (c) Court review, • new petition. A final determination as to the sufficiency of a final petition or a final petition as amended shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. (Ord. No. 2013-36, exh. A, 11-26-13) Sec. 9.05. - Citizen referendum petitions; suspension of effect of ordinance or resolution. When a final citizen referendum petition, purporting to include the required number of signatures, is filed with the city clerk, the ordinance or resolution sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) There is a final determination of insufficiency of the petition; or (2) The petitioners' committee withdraws the petition; or (3) The city council repeals the ordinance or resolution; or (4) After a vote of the registered voters on the ordinance or resolution has been certified. (Ord. No. 2013-36, exh. A, 11-26-13) Sec. 9.06. - Action on petitions. (a) Action by city council. When an initiative or citizen referendum petition has been finally determined sufficient, the city council shall promptly consider and vote on the proposed initiative ordinance or resolution or vote on the reconsideration of the citizen referendum ordinance or resolution sought to be repealed. If the city council fails to adopt a proposed initiative ordinance or resolution without any change in substance within 60 days or fails to repeal the citizen referendum ordinance or resolution sought to be repealed, within 30 days after the date the final petition was finally determined sufficient, it shall submit the proposed initiative ordinance or resolution or the citizen referendum ordinance or resolution sought to be repealed, to the voters of the city. (b) Submission to voters of proposed initiative or citizen referendum ordinances or resolutions. The vote of the voters of the city on a proposed initiative ordinance or resolution or a citizen referendum ordinance or resolution shall be held not less than 30 days and not later than one year from the date of the final city council vote thereon. If no regular city election is to be held within the period prescribed in this subsection, the city council shall provide for a special election; otherwise, the vote shall be held at the Page 135 same time as such regular election, except that the city council may, in its discretion, provide for a special election at an earlier date within the prescribed period. Copies of the proposed initiative ordinance or resolution or citizen referendum ordinance or resolution shall be made available at the polls. (c) Withdrawal of petitions. An initiative petition or citizen referendum petition may be withdrawn at any time prior to the 15th day preceding the day scheduled for a vote of the city by filing with the city clerk a request for withdrawal signed by at least two-thirds of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. 'Ord No. 2013-36, exh. A, 11-26-13) Sec. 9.07. - Results of election. (a) Initiative. If a majority of the registered voters voting on a proposed initiative ordinance or resolution vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances or resolutions of the same kind adopted by the city council. If conflicting ordinances or resolutions are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Citizen referendum. If a majority of the registered voters voting on a citizen referendum ordinance or resolution vote in favor of its repeal, it shall be considered repealed upon certification of the election results. (Ord. No. 2013-36, exh. A, 11-26-13) ARTICLE X. - RECALL Sec. 10.01. - Recall. The mayor or any member of the city council may be removed from office by the electors of the city under the provisions of Florida state law. (Ord. No. 2013-36, exh. A, 11-26-13) State law reference— Recall of municipal officers, F.S. § 100.361. ARTICLE XI. - GENERAL PROVISIONS Sec. 11.01. - Penalties. Violations of ordinances shall be punishable in accordance with the uniform fines and penalties set by general law or ordinances of the city. State law reference— Uniform fines and penalties, F.S. §§ 775.082, 775.083. Sec. 11.02. - Oath of office. Every elected or appointed officer of the city shall, before entering upon the duties of office, take and subscribe an oath in the form required for state and county officers under the laws of the State of Florida. Such oath shall be filed in the office of the city clerk. State constitution reference— Oath required of state and county officers, Fla. Const., art. II, § 5. State law reference— Oath required, F.S. § 876.05. Page 136 Sec. 11.03. - Severability clause. If any article or any part thereof, or any section or part thereof of this Charter as it now exists or as it may be amended is held by any court of competent jurisdiction to be invalid or unconstitutional, such holding shall not invalidate or impair the validity, force or effect of any other article or part thereof, or any other section or part thereof, unless it clearly appears that such other article or part thereof, or section or part thereof, is wholly or necessarily dependent for its operation upon the article or part thereof, or section or part thereof, held to be invalid or unconstitutional. If the application of this Charter or any of its provisions to any person or circumstance is held invalid, the application of this Charter and its provisions to other persons or circumstances shall not be affected thereby. (Ord. No. 2013-36, exh. A, 11-26-13) ARTICLE XII. - TRANSITIONAL PROVISIONS Sec. 12.01. _ Continuation of former charter provisions. All provisions of Laws of Fla., ch. 11776(1925), as amended by special law or otherwise which are not embraced herein and which are not inconsistent with this Charter shall become ordinances of the city subject to modification or repeal in the same manner as other ordinances of the city. Sec. 12.02. - Ordinances and resolutions preserved. All ordinances or resolutions of the city in effect upon the adoption of this Charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. Sec. 12.03. - Rights of officers and employees. Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are city officers or employees at the time of adoption. The present mayor and city councilmembers shall continue to hold their offices and discharge their duties under the new Charter until their successors are elected; in addition, their current terms shall be exempt from the limits prescribed in Article III, section 3.04. Sec. 12.04. - Reserved. Editor's note Res. No. 2013-18, § 2, adopted July 23, 2013, deleted § 12.04, entitled 'Transitional terms", which derived from Ord. No. 684-77 on May 5, 1977, and by referendum on June 21, 1977, and effective on June 27, 1977. Sec. 12.05. - Obligation of contracts preserved. No debt or contract of the municipality, including bonds heretofore issued, shall be impaired or voided by the adoption of this Charter. Sec. 12.06. - Pending matters. All rights, claims, actions, orders, contracts and legal or administrative proceedings involving the city shall continue except as modified pursuant to the provisions of this Charter. Sec. 12.07. - Reserved. Editor's note — Res. No. 2013-18, § 3, adopted July 23, 2013, deleted § 12.07, entitled "Schedule", which derived from Ord. No. 684-77 on May 5, 1977, and by referendum on June 21, 1977, and effective on June 27, 1977. Page 137 Sec. 12.08. - Deletion of obsolete schedule items. The city council shall have power, by resolution, to delete from this Article XII any section, including this one, when all events to which the section to be deleted is or could become applicable have occurred. Page 138 Municipal Home Rule Powers "The City of Venice will have the governmental, corporate and proprietary powers to enable it to conduct and perform municipal government, municipal functions, and render municipal services; and may exercise any power for municipal purposes, except when specifically prohibited by law."z What are Home Rule Powers? To define home -rule powers, one should know the history of the provision. When the current Florida Constitution was being prepared in 1969, the concept of Home -Rule was established. Prior to this legislation, a municipality could do only those things it was clearly authorized to do; if there were any questions regarding a municipality's right to exercise a power, it would be resolved by a court against the municipality (this was commonly known as Dillon's Rule).3 After the initial Home -Rule provision was added to the Constitution in 1969, there was some ambiguity as to the true meaning. In 1973, the Florida Legislature approved legislation to strengthen the constitutional grant of home -rule power, and the state supreme court upheld this legislation in 1975. After this decision, municipalities could then be confident in knowing they had a provision, which was clearly established and defined. It is contained not only in the Florida State Constitution, but is also reiterated in Chapter 166 of the Florida Statutes titled "Municipalities." The Home Rule provision of Article VIII, Section 2(b), of the 1969 Florida Constitution states: "Municipalities will have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law..." In 1973 the Legislature enacted Chapter 73-129, Laws of Florida, and the Municipal Home Rule Powers Act. This act restates the last clause of the above article to read, "... except when expressly prohibited by law." and clearly intended to strengthen the constitutional grant of home -rule power.4 The focal point of the paragraph is that phrase which states: "may exercise any power for municipal purposes except when expressly prohibited by law." The 1973 Legislature defined "municipal purpose" as any activity or power, which may be exercised by the state or its political subdivisions. 2 Charter Section 1.02. Powers. 3 The Florida Municipal Official's Manual, published by Florida Institute of Government and Florida League of Cities, The University of West Florida, third edition, 1996. p. 1-11 ° Ibid, p. 1-11 Page 139 Restrictions The authors of the 1969 Florida Constitution not only provided the Home -Rule provision, but also offered restrictions on legislative use of local and general acts of local application. Article III, sections 10 and 11 in the Constitution reflect this. Section 10 states that no special law will be passed unless notice of intention to seek enactment thereof has been published in the manner provided by general law (such as notification of public hearings and notification of surrounding property owners). Section 11 defines prohibited special laws. If you should care to review any of the Florida Statutes listed above, the statute books are available in the city clerk's office or online. Page 140 Government in the Sunshine The "Government in the Sunshine Manual" and the Florida Commission on Ethics "Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees" are available in the city clerk's office or online for your reference. Government in the "sunshine" requires that most government business be conducted in an open and public manner. Use these resources to guide you in your role as a council member now and throughout your term. To review some of the important aspects of the law, the following will provide a brief history and overview. Keep in mind the city attorney is well versed on the subject, and you may turn to him for guidance in instances when you are uncertain on how to proceed. Do not be "too hasty" in responding to queries if you do not know the answer or feel you should double-check the facts. Do not discuss pending legislation with fellow council members out of the "sunshine." Examples include telephone conversations, electronic mail, and handwritten notes prior to and during meetings, hallway discussions, and use of a third party as a channel for information. While sitting at the dais, you should not pass notes or whisper to each other. The public has the right to hear everything that is said at the meetings, therefore, they could ask you to repeat what was said or written. Remember, each council member is charged with "doing their homework" on issues, which includes asking for information from the city manager, city clerk, department heads, city attorney, and of course — your constituency! There is no public meeting requirement for gathering information to assist you in your decisions as a council member. What is Government in the Sunshine Law? In Florida, many formal standards of conduct for municipal officials are embodied in the Constitution and in state law. These various standards are scattered and Government in the Sunshine or the "Sunshine Amendment" is not in one state statute for easy reference. That is why the Office of the Attorney General has compiled the Sunshine Manual for a reference for compliance for Florida's Open Meetings and Public Records Laws. The Florida Constitution and statutes set forth formal standards of conduct (Chapter 112, Part III, Florida Statutes), Chapters 286 and 119 of the Florida Statutes include requirements for open meetings and public records, respectively. Open Meetings Under the law, meetings must be: 1. Open to the public 2. Reasonable notice of such meetings must be given 3. Minutes of the meeting must be taken Page 141 This law includes ANY gathering, whether formal or informal, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission. There are some exceptions to this, such as pending matters under litigation. Let us take each requirement and elaborate on it. First — The Meeting Must be Open to the Public One very important aspect of this stipulation is the elected official's responsibility to assure open government. Meetings must be held at facilities that do not discriminate or unreasonably restrict access to the general public. In addition, the legislature has advised that meetings of public boards or commissions should not be held as a luncheon `meeting. They have determined that these may have a "chilling" effect on the public's willingness or desire to attend. "Members of the public shall be given a reasonable opportunity to be heard on a proposition before a board or commission". The opportunity to be heard does not have to occur at the same meeting at which the board or commission takes official action if the opportunity "occurs at a meeting that is during the decision -making process and is within reasonable proximity in time before the meeting at which the board or commission takes the official action." Section 286.011(2), F.S.-5 Any person wishing to present his views to Council may do so in any of the following ways:6 1. Written communications — interested parties may address city council by written communications concerning matters under discussion. An interested party is someone who has a legally recognized private interest in the matter being considered. Such communications should be copied to each member of the council or heard in the order of receipt by the city clerk. 2. Oral communications — allows individuals to request that they be placed upon the agenda in order to address city council by oral communications on any matter concerning the city's business or on any matter over which city council has control. Interested parties should notify the city clerk by noon of the Monday immediately preceding the regularly scheduled Tuesday meeting. 3. Audience participation — allows citizens to address city council by oral communications on any agenda or non -agenda matter at specified times during a council meeting. Each such presentation is limited to five minutes. A request card will be submitted to the city clerk prior to the council's 5 Government -in -the -Sunshine Manual 2014 Edition A Reference For Compliance with Florida's Public Records and Open Meetings Laws Volume 36 6Section 2-34 of the City of Venice, Florida Code of Ordinances. Page 142 consideration of the item, if you wish to speak at the time the item is being considered. At the start of audience participation, the Mayor states the following: "we are now at the audience participation portion of the agenda. Any member of the audience may come forward, give his name and address, and state any comment or concern that he may have or question regarding any matter over which city council has control. All statements made to council shall be made to council as a whole, not directed to any individual council member, and no personal, impertinent or slanderous remarks shall be permitted. No speaker shall be interrupted and no debate shall take place between the speaker and the city council. There is a five- minute time limit." Other sections of the Code allow interested persons to address city council by reading protests, petitions or communications on certain specified matters. It is also provided that in all areas other than public hearings or audience participation, the audience will not be allowed to speak unless approved by an affirmative vote of city council. Second — Reasonable notice must be given Although the law states reasonable notice must be given, they are not specific as to what "reasonable" means. They do, however, provide guidelines, which include: Notice should contain the time and place of the meeting, and if an agenda is created, it should be posted. ■ The notice should be prominently displayed. ■ Emergency sessions should be afforded the most appropriate and effective notice under the circumstances, but should have at least 24 hours reasonable notice to the public. ■ The use of press releases and/or phone calls to the media is recommended. ■ City policy has determined five days as reasonable notice. Third — Minutes must be taken The State of Florida sets minimal requirements concerning minutes and records of council meetings. Written minutes reflect the items considered, actions taken, and final votes taken and are required to be recorded and made open to public inspection. Minutes should provide a reasonable summary of the activities which occurred at the meeting, but are not required to be a verbatim transcription. Public Records "All municipal records will at all times be open for a personal inspection by any person." (s. 119.01, F.S.) and Section 119.011(1) F.S. defines "public records" as: All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any Page 143 J agency. Any citizen may request a public record under the law. Agencies may not impose restrictions on access to public records. Some matters are exempt under the law, such as public records requests directed to various departments when litigation is pending. The city attorney however, will consider these matters. One final reminder. you are now a public official, and your letters, notes, comments, and activities are subject to public disclosure even if received at home when they deal with city matters. Page 144 le Public Records, employee's personal notes Venice City Attorney— Advisory Legal Opinion June 16, 2010 493,Y FROM THE OFFICE OF TIIE CITY ATTORNEY AWNI ORANDUd7 TO: ISAAC TURNER, City Manager FROM: ROBERT C. ANDERSON, City Attona O DATE: June 16, 2010 RE: Public Records You have asked me to rendera legal opinionas to whether notes prepared by a City employee for the employee's owm personal use are public records subject to Chapter 119 of the Florida Statutes. Florida Statute 119.011 defines "public records" to include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. The Florida Supreme Court has interpreted this definition to encompass all materials made or received by an agency in connection with official business which are used to perpetuate, communicate or formulate knowledge. In Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So.2d 633, the Florida Supreme Court dealt with notes prepared by a consultant during or shortly after interviews that he conducted. The court found that the notes were merely preliminary materials intended to aid the consultant when he later formalized the knowledge gained during the interviews in a report. The court held that the notes were not public records and therefore not subject to public disclosure. In The Justice Coalition v. The First District Court of Appeal Judicial Nominating Commission, 823 So.2d 247, the First District Court of Appeal dealt with notes prepared by commission members. The court found that the notes were merely the personal tools of recollection of the writer and held that they were not subject to public disclosure because they were not public records. The court also stated that "Florida courts have consistently held that under chapter 119 public employees' notes to themselves which arc designed for their own personal use in remembering certain things do not fall within the definition of public record". Page 145 493.Y Memorandum June 17, 2010 Page Two Based upon the above, ( am of the opinion that notes prepared by a City employee for the employee's own personal use are not public records and therefore not subject to public disclosure. Essential to this legal opinion is the fact that the notes are utilized only by the writer. Should the %-,Titer distribute the notes to anyone for any purpose, then the notes shall be deemed public records subject to Chapter 119 of the f'lorida Statues. Should you have any questions concerning this matter, please do not hesitate to contact me. RCA/bd Copies to: Venice City Council Lori Stelzer, City Clerk Dr. Ritcey Kim Hackett, Herald Tribune Page 146 Public Records, employee's personal notes Florida Attorney General —Advisory Legal Opinion December 29, 2010 493.Y Florida Attorney General is fa9�ao�o Advisory Legal Opinion Number: AGO 201 D-55 Date: December 29, 2010 Subject: Public Records, employee's personal notes Mr. Isaac D. Turner City Manager City of Venice 401 West Venice Avenue Venice, Florida 34285 RE: PUBLIC RECORDS - PUBLIC EMPLOYEES - NOTES - whether public employee's personal notes are public records. Ch. 119, Fla. Stat. Dear Mr. Turner: As the City Manager for the City of Venice, Florida, you have asked for my opinion on substantially the following question: Are personal notes, taken by a city employee in the course of conducting his official duties and made for the purpose of assisting him in remembering matters discussed, public records subject to public disclosure? In sumt Personal notes, taken in the course of conducting official business by a public employee, are not public records subject to the provisions of Chapter 119, Florida Statutes, if the notes have not been transcribed or shown to others and were not intended to perpetuate, communicate, or formalize knowledge. According to your letter, you serve as the City of Venice's Chief Administrative Officer and are responsible for the management and supervision of all city departments. Earlier this year, you undertook an assessment of the city police department's operations and management. As part of this assessment, you interviewed police department personnel. During and after these interviews, you made handwritten notes for your own personal use to assist you in remembering matters discussed. These notes have not been transcribed or shown to anyone. You assert that your personal notes were not intended to perpetuate, communicate, or formalize knowledge of any type -Eli You have requested an opinion of the City Attorney on this question and been advised that it is the City Attorney's opinion that Page 147 4 9 3 . Y /a/a9laao "notes prepared by a City employee for the employee's own personal use are not public records and therefore not subject to public disclosure.' Florida case law supports this conclusion and your City Attorney's admonition that '[e]ssential to this legal opinion is the fact that the notes are utilized only by the writer. Should the writer distribute the notes to anyone for any purpose, then the notes shall be deemed public records subject to Chapter 119 of the Florida Statutes." Florida's Public Records Law, Chapter 119, Florida Statutes, requires that records made or received in connection with the transaction of official business by any public body, officer, or employee of the state, county, or municipality shall be open to public inspection and copying, unless there is a legislatively created exemption making such records confidential or exempt from disclosure.[2] Section 119.011(12), Florida Statutes, defines "(p]ublic records" to include "all documents, papers, letters . . . or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." Thus, any portion of your handwritten notes that was not made or received in the official course of business would not be a public record. However, numerous court opinions and opinions of this office have concluded that if the purpose of a document prepared in connection with official business is to perpetuate, communicate, or formalize knowledge, then it is a public record without regard to whether it is in final form or the ultimate product of the agency.[3] Moreover, nonfinal documents need not be communicated to anyone in order to constitute a public record.[4] As this office has noted, there is no "unfinished businesa" exception to the public inspection and copying requirements of the Public Records Law.[5] If a document is prepared in connection with the official business of a public agency and its purpose is to perpetuate, communicate, or formalize knowledge, then that document is a public record regardless of whether it is in final form or the ultimate product of an agency.[6] Thus, any agency document, however it may be prepared, if it is circulated for review, comment or information, is a public record regardless of whether it is an official expression of policy or marked "preliminary" or "working draft" or similar label. Examples of such materials would include interoffice memoranda, preliminary drafts of agency rules or proposals which have been submitted for review to anyone within or outside the agency, and working drafts of reports which have been furnished to a supervisor for review or approval.[7] Page 148 4 93 . Y Similarly, personal notes can be public records if they are intended to communicate, perpetuate, or formalize knowledge of some type. In a 2005 Attorney General opinion discussing the nature of personal notes, the handwritten notes prepared by an assistant city labor attorney during her interviews with city personnel were determined to be public records when those notes were used to communicate Information to the labor attorney regarding possible future personnel actions.[6] Likewise, an Informal Attorney General opinion concluded that handwritten notes prepared by a city council member regarding research on a matter being considered by the council and used at a workshop meeting as a reference in discussing the member's position were determined to be public recorda.[9] In a 2007 appellate case, Miami Herald Media Company v. Sarnoff,1101 the court held that a memorandum that had been prepared by a city commissioner after a meeting with a former city official to discuss the city's affairs was a public record subject to disclosure. The memorandum summarized the details of the conversation at the meeting and contained alleged factual information about possible criminal activity. The parties to the lawsuit to determine whether this memorandum was a public record stipulated that the commissioner attended the meeting in hie official capacity as a city commissioner; that the meeting related to official business of the city; that the memorandum was the final evidence, record, memorialization, and explanation of thejknowledge garnered from the meeting by the city commissioner; that the memorandum was the commissioner's final work product with regar to the information and was not a precursor or preliminary document used to prepare another document; and that the memorandum was the Ionly written record of what was said at the meeting.1111 The trial court had concluded that the memorandum did not fall within the meaning of a public record under Chapter 119, Florida Statutes, Bind the Miami Herald appealed. The newapaper's argument was that the memorandum was a public record because it "represents the final evidence of knowledge gained by a public official in his official capacity in connection with public business." The Thiid District Court of Appeal agreed and stated: "IT1he subject memorandum in this case solely contains alleged factual information about possible criminal activity. It is undisputed that Cor6iseioner Sarnoff is an "agency" for purposes of Chapter 1191 he attended the subject meeting in his capacity as an elected city official; official city business was discussed at the meeting; and he drifted the May Memorandum to formalize and perpetuate his final knowledge gained at that meeting. The subject document was not aldraft, or a note containing mental impressions that would later form a part of a government record."1121 (citations omitted) However, Florida Courts have consistently held that under Chapter 119, Florida Statures, public employees' notes to themselves which Page 149 493.Y are designed for their own personal use in remembering certain things do not fall within the definition of "public record.01133 The Florida Supreme Court's decision in Shevin v. Byron, Har2ess, Schaffer, Reid and Associates,1143 identified a "public record" as "any material prepared in connection with official agency business that is intended to perpetuate, communicate, or formalize knowledge of some type"1153 and concluded that handwritten notes did not constitute public records. Subsequently, the First District Court of Appeal held that public employees notes to themselves 'which are designed for their own personal use in remembering certain things do not fall within the definition of 'public record.'"[163 In The Justice Coalition v. The First District Court of Appeal Judicial Nominating Commission, the First District Court of Appeal stated: "Individual member's notes are not public record. The supreme court has elaborated on what does and does not constitute a public record in Shevin v. Byron, Harlem, Schaffer, Reid & Assdcs., . . . An here, the plaintiffs in Byron, Har2ess specifically sought documents related to potential applicants for a public position. The court interpreted "public record" as any material prepared in connection with official agency business that is intended to,perpetuate, communicate, or formalize knowledge of some type. . . . The court specifically noted that materials prepared as drafts or notes which constitute mere precursors of governmental records, are not in themselves intended as final evidence of the knowledge to be recorded. . . . The court concluded that handwritten notes made during or shortly after interviews with job prospects did not constitute public records."1171 (citations omitted) Thus, it appears that public employees' notes to themselves which are designed for their own personal use in recollecting certain matters are not public records subject to inspection and copying pursuant to Chapter 119, Florida Statutes. You have advised this office that your notes do not perpetuate, communicate, or formalize knowledge, but were prepared for your own personal use to assist you in remembering matters discussed and that they have not been transcribed or shown to anyone else. Based on your characterization of these notes and the case law discussed above, I concur in your attorney's opinion that these personal notes are not public records. However, I would also caution you that the longer these notes are maintained, the closer in nature they appear to documents which would "perpetuate, communicate, or formalize knowledge" and could be characterized as public records. In Bum, it is my opinion that personal notes, taken in the course of conducting official business by a public employee, are not public records subject to the provisions of Chapter 129, Florida Statutes, if the notes have not been transcribed or shown to others and were not intended to perpetuate, communicate, or formalize knowledge. Sincerely, Page 150 493.Y Ja1a-9#010 Hill McCollum Attorney General BM/tgh --------------------------------------------------------------------- [1) I must advise you that the discussion and conclusions reached in this opinion are based on the facts as you have presented them. This office may not act as a fact finder, but must rely upon the factual presentation of the requestor in responding to requests for Attorney General Opinions. Bee a. 16.01(3), Fla. Stat., and Department of Legal Affairs Stat>ment Concerning Opinions available at: www.myfloridalegal.com. [2) See also Art. L, s. 24, Fla. Conat., establishing a right of access to any public records made or received in connection with the official business Df any public body, officer, or employee of the state, or persons acting on their behalf. [3) See Shevin v. Byron, HarIess, Schaffer, Reid and Associates, Inc., 379 So. 2d 633 (Fla. 2980). See also State ex rel. Veale v. City of Boca Raton, 353 So. 2d 1194 (Fla. 4th DCA 1977), cert. denied, 360 So. 2d 1247 (Fla. 1978) (report prepared by assistant city attorney for the city council concerning suspected irregularities in the city's building department was a public record)j and State ex rel. Copeland v. Cartwright, 38 Fla. Supp. 6 (Fla. 17th Cir. Ct. 1972), affirmed, 282 So. 2d 45 (Fla. 4th DCA 1973) (site plan review prepared for public building project must be open for public inspection, even though it was a preliminary working paper). (4) See, e.g., Church of Scientology Flag Service Org., Inc., v. Wood, No. 97-688CI-07 (Fla. 6th Cir. Ct. February 27, 1997) (drafts and notes of an autopsy performed by the medical examiner are public recorda)/ Florida Sugar Cane League v. Florida Department of Environmental Regulation, No. 91-4218 (Fla. 2d Cir. Ct. June 5, 1992) (handwritten notes of agency staff "utilized to communicate and formulate knowledge within (the agency), are public records subject to no exemption"); and Inf. Op. to Michael S. Davis, dated March 16, 1992, in which this office advised that a personnel director's retention of notes which were originally handwritten, but were subsequently typed and kept by the director in his office for two years, "might well be construed by a court an evidence of the director's intent to perpetuate the information contained therein." (5) Id. And see Pt. II, s. A. 2., Government in the Sunshine Manual (2010 ed.), "When are notes or nonfinal drafts of agency proposals Page 151 4 9 3 . Y subject to Ch. 119, F.S." (6) See Shevin v. Byron, SarIess, Schaffer, Raid and Associates, Inc., 379 So. 2d 633 at 640 (Fla. 1980) (•Interoffice memoranda and intra-office memoranda communicating information from one public employee to another or merely prepared for filing, even though not a part of an agency's later, formal public product, would nonetheless constitute public records inasmuch as they supply the final evidence of knowledge obtained in connection with the transaction of official business.•). See also State ex rel. Veale v. City of Boca Raton, 353 So. 2d 1194 (Fla. 4th DCA 1977), cart. denied, 360 So. 2d 2247 (Fla. 1978) (report prepared by assistant city attorney for the city council concerning suspected irregularities in the city's building department was a public record); Warden v. Bennett, 340 So. 2d 977 (Fla. 2d DCA 1976) (working papers used in preparing a college budget were public records); and State ex rel. Copeland v. Cartwright, 38 Fla. Supp. 6 (Fla. 17th Cir. Ct. 1972), affirmed, 282 So. 2d 45 (Fla. 4th DCA 1973) (site plan review prepared for public building project must be open for public inspection, even though it was a preliminary working paper). [7] See also Op. Att'y Gen. Fla. 97-23 (1997) (written comments and performance memoranda of school board members that were diacussed with superintendent were public records); Inf. Op. to Richard B. Fulwider, dated June 14, 1993 (handwritten notes taken by negotiator for.fire control district during collective bargaining sessions were public records). [8] See Op. Att'y Gen. Fla. 05-23 (2005). See also City of Pinellas Park, Florida v. Times Publishing Company, No. 00-008234CI-19 (Fla. 6th Cir. Ct. January 3, 2001) (rejecting city's argument that employee responses to survey are "notes" which are not subject to disclosure because "as to each of the employees, their responses were prepared in connection with their official agency business and they were 'intended to perpetuate, communicate, or formalize knowledge' that they had about their department"); and Florida Sugar Cane League, Inc. v. Florida Department of Environmental Regulation, No. 91-4218 (Fla. 2d Cir. Ct. June 5, 1992), stating that handwritten notes of agency staff, "utilized to communicate and formulate knowledge within [the agency], are public records subject to no exemption." [9] See Informal Opinion to Suzanne McLean, dated December 31, 1998. The handwritten notes were prepared to document communications between the city council member and officials from other municipalities regarding emergency medical services and collection rates in various municipalities. The council member brought the notes to the workshop and used them an a reference for her position on the issue and specifically cited to factual material contained in the notes. During the meeting, the council member stated that she had Page 152 493.y is f a4 fa010 conducted a study and discussed her conclusions based upon that study, referring to her handwritten notes as containing information upon which she based her conclusions. Finally, the member distributed a document she had generated from the information contained in a portion of her notes. The informal opinion concluded that the handwritten notes represented formalized knowledge and were public records. Further, the opinion noted that the use of portions of the notes to generate another document to be distributed to other members of the council would not create an exception from the Public Records Law for such portions of the notes. [10] 971 So. 2d 915 (Fla. 3d DCA 2007). (11] Id. at 916. [12] Supra n.10 at 917. [13] See Lopez v. State, 696 So. 2d 725 (Fla. 1997). Accord Johnson v. Butterworth, 713 So. 2d 985 (1996) (finding state attorney's outline of evidence, a proposed outline for trial, handwritten notes were not public records)i Bryan v. Butterworth, 692 So. 2d 878 (1997) (finding legal pads regarding Attorney General's impressions and strategy, sheets summarizing psychological reports prepared by paralegal for later use by AG, and annotated map prepared by Ad were not "public records"). (14) 379 So. 2d 633 (Fla. 1980). [15) Id. at 640. [16] Justice Coalition v. The First District Court of Appeal Judicial Nominating Commission, 823 So. 2d 185, 292 (Fla. lot DCA 2002). And see Lopez v. State, 696 So. 2d 725 (Fla. 1997); Coleman v. Austin, 521 So. 2d 247 (Fla. lot DCA 1988). [17] Id. at 192. Page 153 Information Technology Usage Policy City of Venice Information Technology Usage Policy The City of Venice considers Information Technology (IT) resources to be city resources. It shall be the policy of the city to maintain these resources in a consistent, predictable, and reliable manner to serve the city as business communication tools. All users of these IT resources are expected to conduct themselves in a responsible, efficient, professional, and ethical manner and in accordance with city policies, as well as federal, state, and local laws. 1. Purpose The purpose of this policy is to define the appropriate use of the City of Venice computer and network resources. They apply to access to the Internet, the city network and the use of computer resources at any location, from any device. The city authorizes the use of computing and network resources by city employees and authorized contractors in connection with the transaction of official business of the city. All use must be consistent with the intent and requirements of all city policies and must be carried out in an ethical, legal, and responsible manner. Users of the city IT resources should have no expectation of privacy while using city -owned or city - leased equipment. Information passing through or stored on city equipment can and will be monitored. The city purchases and licenses the use of various computer software for business purposes and does not own the copyright to this software or its related documentation. Unless authorized by the software developer, the city does not have the right to reproduce such software for use beyond the licenses purchased by the city. Employees may only use software on local area networks or on multiple machines according to the software license agreement. The city prohibits the illegal duplication of software and its related documentation. 2. Internet/Intranet Usage The City -provided Internet access is for authorized users and for official use only. Employees, vendors, customers, or visitors are not permitted to connect their personal computers or devices to the City's network or to access the Internet except through an available public Internet access portal with the exception of presentations made during City Council and advisory board meetings. Files should be downloaded from trusted sources only. Virus scanning software is provided by IT for all City -owned devices to detect and inoculate known viruses residing on City computers. No employee should introduce or distribute any files suspected of being infected by a virus capable of being used for malicious purposes. Employees encountering or suspecting a virus must inform the IT department immediately and must prevent anyone from using the potentially infected device until the device has been checked and cleared by the IT department. 3. Prohibitions Page 154 a. Electronic communication resources are limited. Employees should conserve these resources and must not deliberately perform actions that waste resources or monopolize them to the exclusion of other employees. This includes subscribing to web sites not directly related to job responsibilities, spending extensive time on the Internet, downloading non -work files and streaming audio and/or video. b. Staff must presuppose that all materials on the internet are copyrights and/or patented unless specific notices state otherwise. Downloading and storing copyright material on city equipment is prohibited. c. The use of technology resources for conducting personal business, consulting, commercial activities, religious causes, solicitations, political activity, or any activities not directly in connection with the transaction of official business of the city are prohibited. d. Internet usage will conform to all city policies and work rules, intentionally visiting "adult" or sexually -oriented web sites, sites associated with hate crimes, violence or others that create discomfort or harassment in the workplace and have no legitimate business value are prohibited. , e. Accessing or attempting to access to the computer -based records or services that an official or employee does not have explicit authorization to utilize is prohibited. f. The use of technology resources for illegal or illicit activities is a violation of this polity. g. A violation of any software license agreement is prohibited. h. Downloading and/or installing software is prohibited, unless specifically authorized in writing by the Information Technology Director or their designee. Any downloaded software must only be used under the terms of its license. Furthermore, any material installed on computers must be scanned for viruses or other destructive code. i. City employees or any other persons may not install hardware or software that was not purchased by the city on city -owned computers. j. The city has designed internet access in such a way as to try to assure the safety and security of the city's network. Any attempt to circumvent, disable, destroy or defeat any city security feature is a violation of this policy. Any employee other than Information Technology employees, disabling anti -virus, security, or remote access applications on any city -owned computing device including, but not limited to desktops, laptops, smartphones, and tablets, will be subject to a minimum suspension and up to and including termination. k. IT staff are exempt from these prohibitions in the course of their regular duties for the city. 4. Passwords Regardless of the circumstances, individual passwords must never be shared or revealed to anyone besides the authorized user, or IT staff in the course of their duties for the city. To this end, passwords must not be documented or stored in a manner which can be accessed by others. Sharing your password with others may create a liability to you if anything detrimental happens under your sign on with access to the city network. Information Technology has implemented a secure password initiative in which they will generate a password change on a regular basis. S. Electronic Mail (E-mail) E-mail is the electronic transfer of information, typically in the form of electronic messages, memoranda, and attached documents, from a sending party to one or more receiving parties by means of an intermediate telecommunications system. When creating e-mail messages, refrain from using caps, bold, underline, as this has been interpreted by the courts as being "reckless use". E-mail which is created or received by a city employee, council member, or members of advisory boards, committees and task forces (hereinafter referred to as "Users") in connection with the Page 155 , transaction of official business of the city is a public record and is subject to inspection and/or copying in accordance with Chapter 119, Florida Statutes, unless expressly exempted by law. An e- mail created or received in connection with the transaction of official business of the city is also subject to applicable state retention laws and regulations and shall not be deleted or destroyed except in compliance with the State of Florida's records retention schedule. Users must use official city e-mail accounts in connection with the transaction of official business of the city. Users are prohibited from using personal e-mail accounts in connection with the transaction of official business of the city. Any e-mail received by a user in their personal e-mail account in connection with the transaction of official business of the city shall be forwarded to their city e-mail account within 30 days of receipt for archival and retrieval purposes. The Florida Statutes contain numerous specific exemptions to the access and inspection requirements of the Public Records Law. Users are responsible for ensuring that electronic public records which are exempt from access or inspection by statute are properly safeguarded. Confidential or exempt information shall be transmitted by e-mail only when necessary and after all appropriate safeguards have been taken to maintain the confidential or exempt nature of the information. The originator is responsible for advising the custodian that an e-mail may have confidential or exempt information (for a -mails prior to this policy being adopted). The city provides electronic mail services to Users. These systems are designed to facilitate communication with other employees and the public when such communication is part of a User's job. All electronic communication systems and all communications and stored information transmitted, received or contained in the city's information systems are the property of the city. Users have no right of personal privacy in any material created, stored in, received, or sent over the official city e-mail system. The city reserves and may exercise the right, at any time and without prior notice or permission, to intercept, monitor, access, search, retrieve, record, copy, inspect, review, block, delete and/or disclose any material created, stored in, received, or sent over the official city e-mail system for the purpose of protecting the system from unauthorized or improper use or criminal activity. E-mail is for the use of Users in the performance of their jobs. However, it is recognized that occasional communications between Users within the city e-mail system for personal reasons under circumstances that do not take away from or interfere with their duties or the duties of those Users with whom they communicate, is not prohibited except the e-mail system shall not be used for any unauthorized purpose including but not limited to: (1) Sending solicitations including, but not limited to, the sale of goods or services or other commercial activities not in connection with the transaction of official business of the city. (2) Sending copies of documents in violation of copyright laws or licensing agreements. (3) Sending information or material prohibited or restricted by government security laws or regulations. (4) Sending information or material which may reflect unfavorably on the city or adversely affect the city's ability to carry out its mission. (5) Sending information or material which may be perceived as representing -the city's official position on any matter when authority to disseminate such information has not been expressly granted. When an employee sends a personal e-mail, especially if the content of the e-mail could be interpreted as an official agency statement, the employee should use the following disclaimer at the end of the message: "This e-mail contains the thoughts and opinions of (employee name) and does not represent official City of Venice policy." Page 156 (6) Sending confidential or proprietary information or data to persons not authorized to receive such information, either within or outside the city. (7) Sending a -mails or requesting information or material that is fraudulent, harassing, obscene, offensive, discriminatory, lewd, sexually suggestive, or sexually explicit, pornographic, intimidating, defamatory, derogatory, violent or which contains profanity or vulgarity, regardless of intent. Among those which are considered offensive include, but are not limited to, messages containing jokes, slurs, epithets, pictures, caricatures, or other material demonstrating animosity, hatred, disdain or contempt for any person or group of people because of race, color, age, national origin, gender, religious or political beliefs, marital status, disability, sexual orientation or any other classification protected by law. (8) Sending messages or requesting information reflecting or containing chain letters or any illegal activity including, but not limited to gambling. (9) Sending or requesting information or material that promotes a religious or political view, cause, position or action. (10) Sending or requesting personal outside email that is not in connection' with the transaction of official business of the city to include, but not be limited to, personal activities, automated email from non -city business entities, shopping, auction, and personal pictures. Normally employees are not responsible for unsolicited offensive e-mails. The use of e-mail is a privilege, not a right. As such, the privilege may be revoked at any time and for such reason. Abuse of the privilege may result in appropriate disciplinary action. All e-mail and other public records in the city's custody are maintained for the required retention period(s). The city's e-mail is hosted with Microsoft as part of the Microsoft Office 365 platform and it is automatically backed up for security, redundancy, and retention purposes. Sorting e-mail into appropriate personal folders is a helpful way to manage these records and to ensure that they will be easier to locate if you need to refer back to them. E-mails will remain in individual "live" accounts for one year in order to maintain functionality and efficiency. Archived a -mails will be available for viewing or printing after the one year "live" mailbox limit. Once e-mail has met its retention in accordance with Chapter 119, Florida Statutes, it may be removed. 6. Policy Violations All Users should report any discovered unauthorized access attempts or other improper usage of City of Venice computers, networks, or other information processing equipment. If you observe, or have reported to you, a security or abuse problem, with any city computer or network facilities, including violations of this policy, you should notify the Information Technology Director or the city's ethics compliance officer as appropriate. Employees who violate these policies cost the city money, waste scarce resources, tarnish the image of the City of Venice, and may violate the law. Persons in violation of this policy are subject to the full range of sanctions, including the loss of computer or network access privileges 'without notification, and disciplinary action pursuant to the City of Venice's Procedures and Rules, up to and including discharge. In the event an employee is suspected of violating federal, state or local laws, all relevant materials will be made available to the appropriate law enforcement department for investigation and possible criminal prosecution. Page 157 Code of Ethics The "Code of Ethics for Public Officers and Employees" adopted by the Legislature is found in Chapter 112 (Part III) of the Florida Statutes. Foremost among the goals of the Code is to promote the public interest and maintain the respect of the people for their government. The Code is also intended to ensure that public officials conduct themselves independently and impartially, not using their offices for private gain other than compensation provided by law. While seeking to protect the integrity of government, the Code also seeks to avoid the creation of unnecessary barriers to public service.' Some of the more pertinent points are: 1. Conflict of interest. No Council member shall vote in their official capacity upon any measure, which would inure to their special private gain. The conflict must be noted at the meeting and the proper forms must be filed. 2. Financial disclosure. You must file financial disclosure forms each year with the Supervisor of Elections. These forms will be mailed to you prior to the filing date. You will be provided with a copy of the "Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees" and the city's Code of Conduct and Ethics which contains more detailed information. The applicable laws are the "Sunshine Amendment", Article II, Section 8, of the Florida Constitution. The Code of Ethics for Public Officers and Employees is contained in Part III of Chapter 112, Florida Statutes. If you ever feel uncomfortable about a situation please see the city clerk or city attorney to discuss the matter and see if there is a violation of the law. In some instances you may be advised to contact the Commission on Ethics. Chapter 2, Article III, Division 2 of the Venice Code of Ordinances imposes additional requirements and standards to complement the Code of Ethics for Public Officers and Employees in Florida Statutes. All employees, officials, contractors, volunteers and others who participate in the city's governance are required to subscribe to the city's Code of Conduct and Ethics, understand how it applies to their specific responsibilities, and practice its and the city's core values and principles. Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees, Florida Commission on Ethics, 1997. Page 159 Ethical Behavior in Office: F '-77,G.W 00- t 14 kA Imebeenacity attorney since1972, and I bive been the Dunedinciy at. tamer since 1974. During thattime, I brave bad exWmh-e mperience with Flarida's ethics statute and bow it af- fects the elected officials and other em- pknees in thecitiesl hav erepreseated. It seems to be the ease with ma.u}• communities that there is a very lim. iced or no discussion of the states ethics sutute initiated by these cities. Public officials wbo air willing to at - bead thelastituteof Elected Municipal Officials (lEMO) programs bxt a two- hour training session on. the statute. However, n-ea that much tinx is mat real.h sufficiuA to fungi discuss it. When teaching the IIMO course, I attempt to briefly discuss the common law (Case hWI, as Weil as state and federal statute that deal with some of the subjects that are also found within Chapter 112, Florida Statutes. The follaw•ing article is a quick summer}• of many cfthe subjxts thatI arnVr in mrIEMO presentaticm. I baTe found that IIMO studerm apprecim specific, reallife examples, as they are verybelpfulin um&nTtaadingtbemccpe ofthestatutm (See par-29forinfccma- tioa about upcnminglEMO sessions.) Please understand that some of the cammeots made in these materials are somewhat'edit ocial' in nature sinceI hale ratber strom opinions am the im- partaaee ofetbical behm-ior b y public officials and. empkryem. It is appropriate to give credit to Phil Claypool, director of the Ftwidz Gomaaissim an Ethics„ since he Was 32 Md & L"" 4 Cts" nice enough to rnrew• these materials Any misstatements or typographical errors are mine* not his. A Brief Overview of the MIAcs Labs (Chap tcr112, Part III, Florida Statutes) The ethics lax mtbe-State of Flarida is based primarily on three principles: 1, "A public office is a public trust' 2. A situation that "tempts to dishonor." 3. h'o inn. ran sene ten master. The first statement is from Artick II, Sectiam 9 of the Florida canstitutiom- The ssoad statement is from FLccida easehwamd opinionsofthestate Cam- mittion oaFihics. Tbc tbw+d statement is fromthe Rible"Florida case law. The application of then three cam- cepts in a situation when an. elected w appointed public official is concerned about as issue of ethical beharior will gmeraltr rie-Ld am answer consistent with statvtac}•and rase Law. You: iCcn7lAlways Know What to Do by Reading the Ralulo The ethi.-s law for the State of Flocidais set faith in Part m of chaptrr 112, Florida Statutes, You can read the statute and still be somoeabatuncertaia as to your ethical duties, The statute is interpreted by Commission on Ithia formal opinians, informal opinions, Flocidz% attormer Seem. opinions, and rinse Law. •_d Ut 1 by)ohn Hubbard 5 IN Notlusistatuiory Long before the people of Florida put in theireansUutiom that n-e n-auld base an ethics law„ certain principles of appropriate conduct far an elected official w a public employee were aatirulated is the eamman law (case law•) of Florida. In the cite of Lai rhw n Rm" in 1905, tbeFlcui & supreme Court ruled that a county commissioner could not buy supplies for thee count} from binoself, At teasttwo of the underlying principles are implicated here: 1. blomancanservetwocm3st:EV4 and 2, Dan t get yaursetf into a titua- tian that'retopts to disbonw." 7hecase is iate=ingbecause of the fact that the court ruled that this was unlas fulconductnot because¢ wrong inrriablyresults, but because it way andrxcibabl} will result,7hecourt said proof that no vm% was intended or commuted, or that no frond resulted, does not make the bebaTiar lggally aacepuble. In this case, the Contract far the sale of goods was voided by the court, In 1934,tbeFlaida Supreme Court derj3:dthe case ofthe C4oft rcibu►rg a. Rare, in which the court vaidrd a bon&purchise tramsactiem as being against public policy because the city bond trustee was also 6-piesidrat of the bank fmm which the bonds were purcb2sed,71di was in the middle col the GteatDepcmion, and the president of the bank sold certain bands to the city. The bonds were of little value, R 4M&WC QM.*=MMWLWI1z Page 160 art.,'' tsrcre w•z� c�-:airly = 3rp3=nt mat r.rosecLtrars or. 6L- F:sis of wh3t i 3. Another Film i =b iCuL-it}. eon:-5ct in the dutim of tF.e pr-mident ; is cccnmonly, 7c6erred to :s "Koncst co:nmizionm voted to extend to bis bznk znd Cive dutins of that same a s�=iicu frz:rd.' development rights that ir.- per- n 3sa.tity bond mirce. l sycaain- In 199F, C nco. i css mxtr *,e I [on- crr-ixe l the sal u_ of p:apccti - ion. ir. iF:-4 case is w'nnderC*ally w•ritim : ee. %=bees 1 TaLd st3:ut_„ l X U.S.0 '. ir. 1 iti he Feld 3 seer-s irt-r- and:^ficu tFc r -►d-rlyin p:�-ipie ': tsd6, to prusiJe fcd=l PTosec:rto:s est and rcoci a sFare of th- that an ra-n car serve two r. as=s or Wi+J: arother m-:F ud of crimi:1311}' rrofie; tl- cr-from; 3-rd be z judge in Hi own rvs ~ proxxLtir t. puEBCoffic3als x•ho farm 4. A r31ra 1j.-arlr County eumr=s- Wh3t is of to runcmbi here E 6--,, prablic st^rrize is cot ezila-tzlccr. E siorer 3dt0c31rJ z-rd Vated fa: is 1F3t tbs cur. mun hw of Florida, zs ; to benefit 6--sm cl-ecs but to rro%id_ z rez] e%:3te trirszctiur. L%zt WO' zs 1;:!U, = 11,, Flxida S:3t:r:C5, 'Eon t wrtk:s' to thcE constitrtcnm hencGted his s ?ci fin.nci3l tsar =s zrrropriztc conduit of Onctcd : scdcral F usecutuTs F..se used this it crests ir. the sub5:t malty. and apNir led ufiicizls ir. 17urida and sututcio react to rasrydiffcrtxittyM Casr_s L'ccrq,%uut fftecaurtry sur..c- th:trr_ . if a gapexi;-s in the statutory ; O abuse of ufric= by el -toed officials. t-Lnns inrolr- w'h3t used to becape tni 13r.,-,t:a11e, the w:nmcn da>~ rrircirlcs E 'bc arpla lion of the s�r�tc to fr�hv ? I a t -31 E}cFaYi07, but %ictr arc no r. y sm-te to t•casd or u6crwise purixsr lic ufficiz's suint.-- 6.21 : larger [3wfa1, indudir{y l � Out LTrcrrical cnrduit. ° discussior. in t'5e cota°ts.. trrt :zs of the LIMS3nds of civil scrdicn jobs hzxed wTitin. of this : r.l}xx s, tF.e st3tutc h:X : nr . iiu-touand 2ELfirr:or Criminal Sln1uios: root bc= d=m:-d to be urcnnstitutionz] 'rrorxrt-Lnr based on nnnpotisrm Searcy Ct;i3ir criminal statute z:e 31s3 and has lica3pp-ft-fir.m3nydiff-_-cnt zs to t_ttc rr?atiocccbip cc :mot :,PFem 3prliczHn in specific typts of Ln- E sicaztians. : to he a cur-mrir them_ in 6 e casm. atFi-ml condLct 0-a.l-er 939, Fixid3 Issnr.d3lly, tar_c3w law hzs &fe:►ed Statutm, deals xiti briber}-, tmlzw•fL] Niu1360M of t anMt srr ►ices 35fulIOM-2 : The Ccns[iEulion and iho Ocompins ztion, ofEci31 mis.-cnductJ,ior 'When 3 political afiiciz] uses Es of- C',ornmisston on Uhics ex mr.ic, falsifying or ph- ire for persor31 Dab, lie d-p;nnes F-ii knicln ?., 5citmn S of the !bri(ie lic reco:dr, cc o'hrrttct-Lnr it fceratien a o nstittxnts of their ri ht to h.tm him Goctst?Ltion is the basis for povmm- nhout: febriy), rdsuse of corfi'dentiz] E perfo:m Iris oYiciz] dut:ns it the Est E 'mrcrtal cdLks it the '5: etc of 'lluri 2 it forr'...ation'bid tams -rirg, 3rd W.Fxr it tere st ' The Elcvr:-rth Ci uit 'has E`s first scrtmce is: '% public office =aw"ul2cn-bypL''.r%rafiaals.Cbar ; opci:-dLcut'pubBc+ad-kiiIs"snherent!�• is a pdNic trut." The- next s=:'xc= t--r-83Q, lllo:ida StzIum zddressin the a owe a fiduciary duty to tFe pubs: to : is: 'l'i-1+-.o t SUI h3%'e the si bt to mist;e of confidmitizl iaformztiur., r.. lc Fprcrrm-_nt31 decisions in the sxure zmd. sustain. tFat trust .g*-.1st ,Aithheldlrg nfiinz] rcti=4 f3lsi-,Ling publicIv bMV. interest If 6x official •, zbusc." records 3rd with'raldirrg records from E inst=d secs:. Iy makes his decision 9 As mentioned ezrlim, 'N! _ethics a s;,x =ar by rLbicsen'3r:+L Soon of : b3sn-1 cm his tame p:mr3t ir;rrz _ _ - statute: is fwand in .P.v.-% IN of CF.ap'.= t�ryheme criminal =tLtc ccxic:•p.s arc r-n-- : tr't_ afficiz] lus dcfr3Lded t3'rc pub1i of 1121 Fair!: Sistutrs. 71"�s statute is 4:'�^d bi Chzp ter t 12, Part 114 Flo rrL Hs hunmt sett _- crfurtrd by the t:or-nisi an on 1`tz►its-- Statutts, %i h di.fcrcnt standrrds and 'lave c3scs fill irAu two broad cat- i TFe commission hzs nzic membcrs- differ-:rt pcn3lti=5. Sari= 1) bn-bes or ksrkb.3cr, and E Five r=er�'. =z zrc mr.pairied by tsr_ [4'hc-r cxcrsid�in., Lhc issue of cshi- E 21 cases iersolt-ing self-dc:lia . Ttre E sggv=. c,tror o muz-be s are 3ppointn! cal conduct vrF,2e holdinfi. = cl-ctivn E ft- -Jre to disr3ast- a conE t of intemst ty 1Fe pmrUe rt (If *.e 5en3tr, end cT arpointisr •officer tar u•urkia. as .z fiL- witzcn the intent of th-- stztutl.. : two m-cnlxrs a.:e apreentfd by t'h- pmlr'lircmp}a; oc, th�c 3m; tk:xtthr'r a S=04 Florida Fes bem prticulu3y weaker of tsre Ho= of RgxvsrYit - 3rra.s of L°r_ bw tFat gotzrn p. crper sub to tism Appointments is e. biputzs:n_ cmndLct E mnicw fr..rd. Appair.1mentz are for tw•a years, and I.The aamman law, Some recent exzr"ples may he E.rncmfx-smaybere3rpoi3tedonly ore 2.'he crimir3113LK'; oral Felted: tire. There czn he an more thin fire 3- Ch=rter 112, R3rt '1I1, llctidi 1. A Palm Erich. Cnc:-rty cum- rncnhrss frnra ar p ww pol:ticx] p :rty- Statutm. r..dssiorcr Voted on multiple 1h: co:nmissaar. has two duties. All of tF.L--- zzc p3tenczlly 3rP:-:Zl:lc bes.ad awards in und= zt-tire The first is to i=uc 6d-2,31 oritaions tm 3 gists+ f3zt situzdon find m.-y pro- firms whereF.cr husEurd to zs : tah�r rt+gu�ta* by a rub�c oC:ri7er Or Vid= rditf 3fi3i:rst the urvethical Ica E employed vztttuU disclosing emg-.aycn Opniorsof tteCccnmissior. ilk,p] conduit of z pub5c offxi3l. this irfarr...ation to the r.u.Hi on f LM=, L-rlike 6,ose n' jwir city 3t- 1 TFA mew pLr�= : rd hm bus- : torn, or ecnx. the 3ttnrn rei:l of Iloncal l}osxicros fm ud bandrwdyrdlnfts, mxh zs fr= : arc S-te of llnridi,zrcIT2]ly bcrdirg Rem khmcrimi.-al st ts imgtmdnd and discot-r rted sup, hatea 1 , e'.r::min3cons of !a•� NU1.1c,:t 6dtoy 2p- ahose,tFxrzhas been a rn=.t.trend of fi= parties twin F.3d r. 3 tors ; real to a Distrim Court of AppeaL Of pnw&z-% ion of 1ra1:Gc offxials by feel- E befaraihc Co racy t',nmr it�v; c�rrse of the pert:-r�:t fits east Page 161 be aacurately,peosided to *.c Gurn-mis- sicm tin Ythim for tF.at caririon to be truly Fi:idinp. Thn Cur -mission. ud: lithicx' sncond d:r:y s to invesfig3te wio'c.:icry of the &F :s lax_ The commission r.-sy not lrs:ltute :.-h ino•estigz:docs, z.-id im pow- ers 'be-4js w:h--t it r:ceiscs z IS--Ilv s4ffdder-i cocnpla;:dL, wFirl: mdxt be E s0imiacd an the farms prmided biy the cnrnmission- All of 3F.csr-mz is may be obiaired on! nr. It has bnCn my experience !F.at a wide •. zriety of people file ethics com- t:e nts. You Jost has•c Qo hasc 31y spc:•ial kr.ovOkd.e or sfv--dzl irtr✓cst is t'he beha-,sar of art e3ened cc zn- pointcd ufiicinl, or ru'filic cmrlcY;%c� to filezzocnplair.:. Sametir-nes *cy arc filed based only ar rcu-sazper mports. Ur surprisinp)y, &.e p!rrat r..ajarity of e.Ha comr.1i�is zre fil- cci:F.cr b-y c hits: =Msts o: p olidal upponc-stx. Thin 4%oncv oiElhits ]"he 17a3ida efdrs statute is rat about a:Fs= t3LSlrt ur r.-r acad--nic Ictirl, wFah C=ra1ly discuss a I:«h• of rrinciplcs ofrtht a. Food cantlL t, az the Vied;• of the Fcncal n3lure of r-orzls or moral cl:ac-z=. It is, r36--T, r. o:i! •.ba.sn? or per=:] b�rcfit-txis•t'_. M-erzL—rc'sprir .u,yIF-nztis trnr, ar: affxe or z posi5an to aht-..--i a bMn iL for ynursa?f, a Fmcr-der of your t.-wily; an amr.loycr, or whcx. I3s�ht.a1]}', it is atxxrt using an offxe cc a position to bereft yourself in a mznrer tizt wo-ld ro; be posz;:-Ble w ithcrit wFe use of that afire. TF.c &.h5:3 stz�ct-- Heals with comflicts between i.'he &-!iM and respo:tsiba-litics of ar. affim a: Iom- tior. oral tFc p mo--al interests of the person Iwaldi:r *= u5ic: It careens itself witch sdutinrs is wc!si t a rcSard fur z prh zLr- intcrrxt tends to Ic:d Loa d��=d of z rubEt:. ditty What Does the 5talu o Includol 71he rrir..iry topi.s of the csF5= Izx ir. Ilorida a.*e 1. Solicitation orAtceplanca oaf Gifls. This is cssentizgy a hrihc, which requires &x zctepta.-rcc by a F05lic officer, spot:sr- or r: ydard0dof2zgthinpofv3lue that tide puFlic of.•"drer should 34 i'Lorddm LAv" a Cat.v c^. 2. 9. hrsr Inowsn was F ;vcn to F: n or %:f to irflLcrcn z vnte or nt'ier a.tiar. lr o her wnrds, is is a mid rrn gL1a 1Mdrrst3nd- inp - The He mil m it so=d like a true pift Irdt h is, it fart, z bale. doing Rosin ass with One's ancy. This srz:ufe includes two different relai:nnsFil^s- A, rubes affidzl c::-rnot do busi- ness for his 3a- ZY with aM craity it which Ise or his•spor:sc ar cF l is 2.-1 offd:=, rzrtrcr or rroprictor or in which he, his 3priusc or child I•us a material intermit of 5 perrmt ar ice. This statute :.lso coy s that m--ne fLbliz. official in his pri- czte ,=pacity dainp business mitF his Unaulharizetl tompensa- fian. This p:rt of the stzL-jLe rro.i6o that a r.ub!i uycizl, snuusc or r;nor child may not zcrcpL znyt-Hnp or ral:ie. if &.e nffiial, u :Fexcrcisr of remsor.- zble -.-c, shur?d hatir kraum that it was piTm to irfleenoe z sox'= or othr olio-r. Tssis is nut z quid pro cuu. 71;= is not a lzshe- This prat of tF.c statute h:l,m to dLihsez blot rift-&= is, a gift that is gi►En but dees not isfluerae the actions of tl<c PAHC offiial- Tht;L m-.''.I be more tFis lztrr ir. &x =nic - Misuse ofpublic RasiFwn-This cart of thn statute does ;tot z^muw a public offial to "cor- r r.tly" use his ofnial parzLion r,r ar.y property or resource of tFat position to scm-rc zspcoi'I p r i v itege a: bm-Zjt fa:- Fimsd: ur for atiers. }.cep: s mind. &-U th.is duels with the row e=of &F e uffiee zs wdl as the resourims fpcopcxty] of the offim These z:c Ints of Cv:nmissian an F:l:- izi cLuis an this partEmllir pass of &.estatute, irdudirpacir�:it court clerk who prcv-nLn& a pxrsom from purrirzsinr, prop- efty zt a fore:insure szlc in order to a:r,.rire tF.e pcopaziy for his sae ar-.rsc of cffxc); a ccsunc*•c=missioserWbr1 used county .rirr-,ent and pcsos- rcl to resszir a. road rxh his farm (use of p:ihlk prupertyr znd a courty cammissioncr who IFr�ztc:red to fi:c a cauntl• eM r.IC: j ce"wf &.0 cmp3ab-L--'s 14i fc i5dnot wi6drzw zi W car.d3d=_ far sheszhoril Board 3p3inst the county commissioner's friend (misuse of affix). Them- zre also =�---a1 czsm ur s~tutiors invol%inpl, :imamrts to zvdid a =Ific ti:kct $r•,rjs^ of offxel. 5. iConflicbrif Emplaymanl or iContrmclual Ralaiionship- 71-.s portion of tyre sta#ta: p=- &udnypu-licuffic iAs frtxo hav- ing ar cmplsn-.nxt. a cont:ac- r.,z7 r-Jatxc s:Nipwt with a husir o mtiry thing brasinesn i&ifh the a:,;=rx , a FxdrZ crs-�aym=L or contractual rd3tionships tF.at create a comtinuinly ur Lcgxntly rearcurrirg =flict bctwccn the o.fidii's Fi atein- terest-s and t'ae perfurmarae of Ei pubes d*.rics or thrt would irr-:&-e she full and faidifsil dis- c'hz:gcof his r b'!icdu3m Par - in small comm-initim,, this p avis- r d :.-r be difEcult. It Fos i."he:drd:requE ernmt that tie pubs: offTaal, in the v.,ant of secF cor-ffi , mist choose beru•xr- contimdzi is office or ca L-Lsuing t.%L ems•enymmt or contrarluzi. relationslhip- 1his oftnn lezds to a fairly F.xmr melt, znd tlmt fact is ai nuwlcd d by tie Comris- sio:r ur. F:hics. 71.is portion of 6e smtne is highly depmdmit os il•..e facts of each situat:un- 6, Hiszlosum or Use vF Ceilain. Informa6on.A AT most. publi; officials znd CCnployc:S azc awzrr., they of x. wall Fxec ac- 0=3 10 isfcx:•rrrztiocr not EC!a:r- allysts•: ilz&le to mcmbrss a€th; pLb'Nz-Tssis t}r•seaf inftx=wiar. rarmat be used far Chn affici1's personal p;�in oz bandit, nr the personal flair or l>m— it of ar.y o..hm- persur. oz brrsinc= ditty: rZ Hepolism. N--potism is the m-nplayrnmL nr prn=i-;on of Page 162 rt':!h m The i -.ac is adi-ess_i A Oily S IA ighi to Raquira Moo : why sj,-h a pi:t is kirg ern to you_ in See- im f l ?.3135, Florida 5trinjank Sto ndards : 'Cin }n'a .xdspl i:? Do YOU smart to 3c- 5 orates. ('here is a s, c ific e (}a:+ t✓ 112326, Ilnrida.Stat'mtes, mFE it: V111 i, Lima pubic p�ncl tinr_ exemption for rnt.r-micipalities ; z7aws pulitizal subditiisiurs and a cr_ if you aocelxt it2 If is domr.1 fc-J with a pap-.u5or of frw nr than. cic% to esta.hlish more srirpent star. dtm't acc--V. i:. 35,CWpen p3c,bLtIF.z;axannp- : d:.:dscfcondom*..anthose spsiEed!im As dismmad- grains`;•, yoj ra:m- tiar dom rot agp%,• to hoards Charm, 1 t3, Pzrt fir, 112arida Starmtes. ; rot sabcit or acc:pt z i,-ft Eased on ar. wish L and p'.z-mnirp or aoninp pro -sided that base stzndazds don't E anderstard n t:=yori would iwinflu- rc•;+onsit:ilid...The term "rela- : cmilict with the star_ statutc. Several en'� 1:y t:ut cifi.11-.st is mvntiZy a titi c isquit2 broad ir. its Scope, I•larida enr-nuniti_-s z=ad lrir.p, their ': bri.4-, znd it is at%alut:] f grel-zmitcd. 71-e genic ofraal is INTL-ducird awn r:F.5cs ord::-t_n:�; : Unlike le:23 gifts, ale nr. count of sack: from apgointir.r, emplo;inp, Aeon. theci6m Irgrr.mc=_an_hzs a giftis nota�cvar.L 15er Cl.apt= p.amotinp, zdl ancirg or ad- established a=b;': ntiallym�nnr_sirinp=•:z ; 112.313 (1-I,Florida 5wutns.j socziirg an. indiridsal who is gifr st_-mdards, grcclud-Ln lris-s of any ? Ile athm put of the stz.Lt dezl- a aclatis: of Lsr= afficizl. The 9 kind to achy emplo}Ct, c fi:t_d &fkial ; irg with gifts is tiurl 'Unauthurixcd Ii:nitatiar. is an 6_ indliridi a1 or i+aard rnember. This car_ be do:n I:y ': CompenS36on' oral says 01zt a gebli_ czmglo;x~ as wcil. ardirar:cM if desired. : of:icer or cml•loync ,will not acc."pt L- people lair_ you Ei fis whm. you zze anythi:ip of value ,w1t_n L'mzt lC-.sur. General Rufus in offi n- d you iFi:* it is F&MIM they ; knows it was pi-e m to inEunnc_ a ra'= Usti^ of *..c fallarri:u gcna l rule like }Trm, why da 6t lifts stop when a Ornt-h=raCian.You car.a:ucptagift in ra} k,ri,� zcaid cFarprs of urcL�mical ? you leave office! an zmo•: I ) if it is not based on ar_ (sham ion: : ta:dmEz-mdirg *3E your ta:c or g:mL4-,- 1. If you thi:tit it sni�-ht he wrnr , Gifts : crcnt wca:?dbe i to mercci by tFr pi:t, iz is. The tsao hi��est zrtas of questiorts and ?) if you rrmsor:ably krow t:mzt it ?. Do:* Fe: youzzsclf into a situa- that I F&. as a ciTy ziturnry are 1) car ; xis n.a:giar:m to }oa to i nfluencc a votL tier, thzt'terpts to dishonor-' Picts of itte:est, z-md 21 l'i:s. : or other zctiar 3. h throe nr.}=e who EjtiC% yn4' E The s'atutc funfairs a dSnition 3} c rmt2t ef6jr. is thzt yob: cazm ac- somedhir; who doesn't maa.-it of tzse t —.m 'gih_' Thu swat-.tte is so acgt a (rift from r.�ost rey.dzr pnop1= o: ccsp= some h:-.m in munch : broad t'mzt izl asinllti mows anyL'hinp ; A mzjor extep6an to this is pvHs: from excr+t }our r.,3&cr: JA:md you of ,,slue. It coc--ss thing% (tanpiblc lobh}•ism Gof:brjists art addr:sted ir. ='tbesureabout bm) ; fuoperiyl, :Fe. t:se of thin.;s, the Lose : C°magt= 112.3149, norida St3t:%tcs_ 4- Penple do.-m't gi e c %teeter( offit- of lard, f nrgiveness of a d6t, food E k lot:t:yist is a nztzral person who is 60% or po-t=nmrsmt empkmy-'M c y-md kmci m-ARCs, entsarcc fees and Phan_ :paid hl' socneone vs--r the p:rcedirg (*ifs laszrse t=mtyU them, but sonal =iia s,, and then craziud= by ? 12 =nths to irilLcnoe }n:tr detisior be ausn they w nt surxhirz i ozlud irp'arry other similar s anise or r..:akzm_,, if you ac snrnennewho is re- -zt best, it is a sc senf oblilra- thing hasinp an attri:rmtab3e value not a^:rcd to 61_ prablic discioru_ of ya tior ; a'-ez-dy rrosi&-d for is this or'" ; fsn= nd:d interests do: if you are a son 5. C.= you accept a gift that does The terns 'gift' does not indudc procure !r:t =r.Io}-ce) not influence you? sari ies, kr_refes, fees widen Yot: reed to be parti. ' rl}• careful cr=nlo}reri, political contributions, no tmntyisthe The Gift Laver ; an honarariu-n, an awzrd, certain ease[ lobb}isi m%rrNd by this stain%, As, was previously di-scussed, tic : har.orzry memberships, the use amf a ; bt t t.'me principal of tFc� koi b}ut is as statutcd�ls,ps: hLij_rit jocts3af5dici- 1,uttlicfa01ityarFublicr.mpctry rnade A -a Thzt is to s. , the parson hiring tatiors vr.A =Fta.-mc_ of Qf3 (i2tap = 2s7113ble by a gosrrnment avt cy for the lobbyist comes und= the sans% 112.3'13(=,'�l,whichiscswnts-all}•2Lrifx 6 a FriNic prarposx transpcclatian rro- liritatinrs sad rquirrnants as drones and is absolutely tmnl3Wf'Jl under a.7 rded to z public afiiircr tmr ci-nployw the lobl:yist. A lobb;at hzs to lie a circta--st3rieeL The stzitae also deals by a gv� m mmentzl , fily iM Tthtiocm rat3.rrzl f C:=n. with Unauthorised Compcnsztior.: to z officially approsx voscrr.=: tzl Also, so= ap►rrcics require lobby- ([]sap:r112.313(dlj.*hizzh.dx-usss business, or g.fce pcatit1 d dirtc.lyor imtowith the apwx•.Fa apx lei fm that are legal. To, hn 1!S31, the indiscttly b}• z stoic or natianzl arty- yours dues, Imc:haps it does r of In c:_xtod ofEn3l ur emp1ayee r.rr,t re7- niz icon prir.--uilycor--posed ofclertcd ; m,F.cr czscc,),au need to iidm-j.l who is stxtabl}' cmx:mclm.tle L'm.-t the gift mmsas sit a 2ppoirtt'd ofrici3h a stzf,-, if }nor a lobf fist, and you also neat to Men- piv--r. to the afz"in21 tairllucnrc a vol.c city is z me;nl» of that amrp,=irariur_ 6fy alho is the pm -son 'fro hires thzt oz other actinn. Yoe cola see, then, that the t=m lobf:}'sL You need to be parti+unzII- ',:pft" is v=y inclusive. Ymri sh stied •, c2rrful zx to both. a ways Iook behind a gift at to who is E She donor ar.d zs'k youmielf the reason Q=1nyr CMow—Mw=VAprll X11 3510 Page 163 Eol iciEntion oEGas Except t fo3 fi my l-mitetl cir Cs! fix:rs-AculdncrM.soEntagi:L al is true xb_L nr it is &am a lobt.)•ist or anyone else- You arc specilmlly prn- F--:bited by the V..at:tte from snliciL-1, a gift f;•tz:n a Inbb-yir_ 1-his L-nit:,.:ion also includes a partrm, firm, =r.lojrr or l:rirciral of z lobbyizt.'iou aw al- lowed to if the• arc not. fcr: yids ptrsnmal hen•^zit or th.-i.of z:rath= rr3nnrtirg inditi4lu31 or p,-o.-L cment c�rlp[o}e+ txr ar.y member u the im- rna-diatc fi--mily c6tb:.t pzrsur You a,zbsaIL*-q y pe'ohibit_^d fran a, cr-pir{±, Jitoct% or indirnct3, a gift from-- lo'Sbyistifyou L.tiowor szson- abl;• be1ir a that the gift tns a vz'u_ in ex: of $107..An}• pin' f7om z Iol:b f- ist thzt er wch 525 r Est ben- sepo tad by *x. lobbyist plcz--;e rate tb= the obsoluta limitation on a Gift from z lo'hF fkt is 51Ca. Th- z~nnt:ywt of a gift frv:n a noartzl person (whit:b is urli nited) does nut app4- to lub11-irs or- 01c l:oaple who hire Inbb;isu.A r esmmr.ic or how this fir-:-.atitxt tar sn=k upon }o:l isfaund ir. z Cc.nmissimn or. Ethics opiraon in wFah a scut- le; s?ztir. aoctived z gift of fouth:M tickcs fzan z cct:.-rty com- a n 6.2irr...a-t. Ths- gi ft Yz'uc w z% it cxtt oE1r 14f7_TbrCar-:nissitrr on 1:1EM ruled Lbat 6C gift w:s zttlzx•ft_l bee.Jse#hetzx.�y t;nl:lmy�. lnNnist to lobby the t ^slztt:-e The cxxrmis sim or-snict: v=-dudns'*3t thcl-Tisla- tar did nut know that the araepc:.-rtt• of the Ejft -mCould 1"n EMI --wf tl It was a fstc tlecisioct for that pzr- ticubr Ingislatu5 F.Lt ram the fzct that ibs oamr-;.s ar b= now issued thzt oririon, it is L-.ilikcly tt•..0 Olt- as n--nptaan of innamxnoe -m}ould benefit anw.h persar. in LNc sitnc s:tu3or- hlw•z;,x hook ba-hind z gift a.-d make st- a &..at who_nier is r:sinp you the pi^ does not Fare z lobbyist to lobby yut- city, csx if Ls,c person is another cicCa3 trfid:1.' lobbyist ma.%'gis•c 11C:1 z gift in txtters a: it m 4+t•.allof your pav=..-n--r:431 crticy oT a &.ariM tic o:ganixr.iom, ttut jTri r=y rot F3rc custody of this g9f•, far z period of time in eccros of that n--C - sary to xTZ:: w.^,= fac is trarsf:T to the SS F6ir.L LAn" cx QL= custody a: your gat-crnmenul cr-tin• or chzrity. YcL- rnzy nut %Aizit zn F.t�:larzrium rclatcd to I•ou7 p:ib'.ic duties f3am anyurc: Yuu may rot a, crfat :n homa- rriurnfrom alabb}isfoaany r=sur 71 crrrc ics'd;, yuu. ti•3n acc:m a sift of ar:z• :.-ncL 1t fexaLT.t frato v Iobby. ist oral the p:inapil of a lol l-yistl low as you rn3sce u'tLy know:Fat it w--s rot gncn :a yonj to i:ir.-i-mc= a xnt_ or txhcr zctior 0b%iut:sh•, the prmwr the pj ft ir. amount c,, s•zluc, the max likely it is twit. it -mill influmm yut, ir, suee fzshior Any gift a=tm a s=:se rx cbEp-i or. under Liz thcory of `re-opro:ity." However; the law prm:imes 6= yo-i cnr. rerr iY: a gi ft ir. 7r.v amount &-2t J es not in'.lumm yet= as :n M.0 rub`::. d:riies. Ext.aptio ns 71-.,crc z-e cxn.-n smutrury cx--nr cars jChapt= 1 t3.313(12), Eiarida Sumtrsj to tl:xE:niLitiansasdo;cr:bcs? ir. "d1o'-ng pusiress -mith Ores AFan- n' and "Con lirtirg p-ttt:lop-ment ce. Cont:actui] l,e'_ijwr-1 17-7 I1-..est limitzdcM-1= be wzic--Y-1 zs to ad-tixory ba2.-d; b-y Lrr_ z,+po -itiag body (notrn-2}• a city cur-.-nissior. o; ci:y cuurcilj upon ftJi disclusure to %he appocnt:-n hod,• friar to L'tt warner, and an zr:irmaLir sotc Emy Lhzt l:ody try a two-thirds rnzjariry. alher excn;rtions am 1) a routior. syster::4 ?) compntitiv_ bidding; with ro izT: id'1:dC:l by 6C officizl .:sd no effort to pmruzdc a3!.ry empbye-es, and fil-ing a sta:irnml disdoyng, the m6rx:izl s inE!f= oc Lsr_ internst or the tfficsl's spouse mchild; 31 p-rch= of s lcot1 a1adt=tisinp,vtiliti�scrsitc or far rmsz,:. c or. a cccnmo:t carries; 4) an cmcgcncti• purchzs 3} a snlc sm=t of. s:rpp?;• with t:dl disclosur_., and E.) if L'rc total :-na"mt D the trzns- aaiar. is ler. Char. 5s 0 pi czls:3z: y = r- "1?,er_ arc cnrt n ewer,= :ions fo stozkbalders, ofa.-7--s or Eirtctms of barks :hat -mzfll not bar a hank from becoming m depositary fa. public f=.rnds.Item is an zdditioral ex-"r timn fa- de-=& FuRir. nffaers Itztiinv confbcEnv emplo; mm- or cantrzctual ml tiarsiips, if that officer r-.a:�-ruirs an employment relationship with a Sill (c) 'IRC t3x-excmp: cq-6x-u7.3tiur. 63t=--rs into .I<r^.rsinez re:.:ionship ViLb L%n aE-nmr's 2pm:y nr.d. I) t-:tc ufhc`^r s emp!aymc.•tt is not dirrctly or ink:-c.Jy €ompmsz:ed z4 a rm;.ilt of sue"`~ coctraz; 2) the u:fi mr ir no wzy part:np--Icd in 01_ 3gen:}'s de.- cir. to cnrtrzxt:; and 3) *.c of.-iccr a?x,~.airs f-xan s•atinp. Chapter 113.3143(3)(b% lloTids 5tat'rtes, ptotad= ar. exc�ao:t to th= vut-• _, pro`Nibitiur bacz<.isc of comflict for a comm issic nx of a commu--lity r.^&srlopmcnt a£ ---Kr Limitation an kppwa ranras ar�d Lobbying by Employa" and e Eloctad c ffkials h prrsor. -mlto has been cer'ss! to z rmminpal offioc r..ay rot germinally T^p:es,::t another pm-sxtn or entity ftr ti-Dm:xrsztiur before the p t-c irg body of she city for a period of two )cars zftnr VZZ3 -tg nfGec.. "1l•.,erc arr z_'so s,cific Emitztions an to al gas. E err.:nn:t attcrneys. City Ernploryoos Holding +Offira An mmr.Io}-L-- of z city is ptetledt,? from haldingd=ivno fac=asz mc:n- bc-nfacitycor -nissiararcitz•coLn-iI E -mhiletizt«nt ay=cmdrurs,towork E for ti_ city. Ei otl:er wurdr, }eau ,c: n't be bo01 as eayrr and cir emp3o}-%-- witbin the sarnx city pri e:Tcrimr. Limitation onkppainlod Official Repromnlation ?. et}' has 6Z right to zdopt ar. arill.-U cnproric-ingdtzt--napvainrcd n:fiit.:cr oT a res;613r cmploym r.-ay rot pe:sonxily represcrtasraL'-erprrscr. cc ertityforcump,-tsztiar lxforcthatcit;- far+ z t-m•o-yes: period fnllow'-inti•:c--- tion a::hc office urtermi_-utior. of th= cr,•tlaytxnt (cxcept fcc the pe punts of cul!--ctire bar aining). Your city has to adOpt cir trdin.-n:c to this cf- fect, znd if it has rat al:ezdy dare so, it s;bnuld stria:isly cu.-m-dsr this rypc of lima3timn in ar-der to ztietid the zp. pa-u3ncc or CCCI ScL Me tts? of•.iaals =e rot allo-mrd to candr:ct isabbfing zctiti: im for a p=iod of two jrz-u, and it soots bal;ml ¢hat Ibis sar-rc typ= of fir -:•cation shoeld pertzin to appointed nficcrs and em ft:a}•t-tr, Page 164 Dulyto Palo Ch=ptt; 2U.01 _, Flcridi Suritcx, requires r.xr._'*xs of tour:-' :3 ru r- c:r n==J hoz:d. cc comr-:4e mts 7af:a are pces,,.r:t in a m--mng to vote tml-ass and exocFt 'there is, car z,-iFfiars to be, aposs_31ecorflirto( iecal'Fursu3nr to Chzate: 112- Failure to vote r:sz -ex 6nfiIir of 6a d--K-:, arrc ro -E n� berth orally oral ;-n xTitin .11_ becom lire or, this is that if }tit a:C ail elated t07 arpo="-Trod of:Eaal an a bxrard that is v a ti-S o n a m z-tv,-}wurusatteum.6= yuL hirr a =flirt of intermit Wing Cori Hicts Tfcl--w or. 'utinpcnrilicisisfnurd it (3hapcx 112 = 5m-c.iom 11 2-3 143, 1-brida Stuutcr, Mis is frob3hly the fo3- tior. of thn ethi.s lzw that crc3tts more questiums- than arty &.her {with the pos- sib exrre"n of the pifr Iaw}, :blast city attorneys de. -I wiilt va:irg-conflict gLcs- tiurs an a fairly froq-atr:.t basis- t'or thereto be a arttin�r' confii-t,thC r^.-acr: barrel voted act r=:sti:r•.rrein the offxials "gxn:it p:n-3tcp:z n urloss," oz to she pin or low of a pab—zipal by wh= s^.t:h officiz] hzs bee r,-tanod or to z zel- ivc oT b tsinm assodzic- hs p7 iouslp menriona9, a specific exertion is found in this statute for comriz-4un= of car :-purity ree'ctirl- o;cn mr. 3 p--Y'i m The Commissia-r oct litl,ics :has deti:sue two bz6c rt.',= to d& :nice whets tx nix a conflict or intcr= exists.. Thy arc= a- The sire of the class tcst, amd b- Remo-n oral speculative tc.t. Commissiur. ocr habits det:isiors lmcl down to a 1 f•=c .t rule for the size of *x class test. to nthx wows, if the r rnbo-- of pwpinn or prop ties being; zfznctrld by z pz:1iail3.r rote is so 3izezhlc Lh:l t'r Clotted offiCi:l's irimcst rLT.rmnts 1 pervent or less of the t rl=r, ma cc6fBz-t of i:r m-eat exists bem= the el--c*--d ofdial's i-itcrtst in thr rmaticr is nut'spa-izlr..=nirp it isc:ray--d 171 m tame tramber of peoFle or prapc:t m Tn_ remot_ znd s:►xulathC test pro;idcs that if there is unccrtair iy at e the n:!of thn dote alto whether aare xill he zny gain or Bass to the Ozztm! ctixi_I, then them is no speci_i priv e ga-n ce. bss t_h:..cm he d--r-ii:ind In the -C eML that ar. docred offidil tx z;+FUi rrrd ofninl h s sa n_xr: at�.v�•hmt:erornnca votinf;sonfla-t ex:s'.s, the hest Fratti m is to discuss the 1.a1 the 3ttcc-m-7 for the cr:tity and rst Ch1'. the 31tcf : j's opminr e be rmide:ed in Not vot-ra, oral dodzirp z cor_flict it a geesticcizHe 9 si:cztinn is almost ahra}x wxt+hout risk, aid, ofEm is sccn z•e a carcftl and r��c+nsil�lc dcisi+an. My experience has been that the great majority of elected officials want to ethically. Most ,violations are committed unintentionally and without forethought CorduclIfTharo Is aQoflicl 71-C rr}tir-cvcrtlicts r.=inr ,uf the ethics lzw (Chap'-mr 112.3 t .s, Elcridi Statutes) t-ca-'s 23lx3ihAeJ ar,d ekctm! puhlir. of:irials s'amcrt•h-.1 dsffcrz.-Till•, hn c1cct--d psthlic affidA mzy riot vurc if th_sie is a cordite, oral Frio.- to Lhc vota being tam must TMMI the osrfhtt, ahstair frurn vvtirg and file the nemsszry w r. art doL-ument ex- plaimin_r such conflict within 15 d--jz 11'at do.-untr-.t rust be ircnrporat--d irin the misrtte, of the meet-•t. (City clerks shoOd tr- zw---c of thir.) Shin ofFxxs rzz• An apfoantcxi pul-Ez uff:rer rzy rot pzrtiipz'c or vote in a conflict sit.utian 0 r--jr.file a wriC=. tomnu- rzn&= r-lXti:r, s^xh confli:z fries to the mectinll .t which the rather is ccsns 3=d. 11is mamurandum also m7m-.Ix in.-mparzied into the mimirm of Lhc m=6ma, mtmt be prc%-iJ:? to dr_ othm mnr--?srss of Lhai bozrd, cc ter nmi tc� z-rd =st b: r=d p-iblidy at the next rinbl held rib s:r,•.txt to tiro_ F—Inf, of them-.:trw. rmemecardum- If the carilict is u.-tkrcrw:r frirr in the ring, z dsdomure has to be madC orally zi, the mectin follaxing R•'.•i.r: E t:�e carllic:as kaovs•n, z writt� ra:rdLm hzs to he tlyd wichir.15 da}v, Lhc mnmcairduto tomt be`ome p =of 6a minuet a.-O:hemc_naranus,n has to 1w--,dist:ihutnd to ibe otter m=nt,= of the 3px.cy znd rend pts4lic1- at thn E next Sri mcc^-in t rw-ttinp, In the instar.re of ar aproirted feblic of4ic::7 kcin^ consid=cd for zr.poirt-nMit or reapFo:ntmcrt, thn znpo: rtinf, hod; is xupFoxd to com- Sider !f.,e r.:rm'hs aad n:.tur of thn E mcmurandums! of contact ficd. lkcm is :n i:r:ccscnp &x-irctinn NO -weer. the ditties of ar- cic,-.ad of- fxial oral zn apaoir_ied arixiaL Thn e dett-m! of:iial must stu_ the cur.flict, but thttC is nwhirg in the 3Ca.iL•:C Lhzt ap,,*=rs to limit thn Ct pr iciptiom of thn cle ed official or the ma:ter bCforr ter_ Clectrd body. The fzct of the curilict or-�- nn:71% to he :node r.Lliir Frio3 to :1•.e sreC. This cue-ld at-viutm% occur lonp, a:= th= elated pl-lic of- fyccial par hi; or her oprriur. an thn 9 issta_ znd after :ppted to perst: ode the E athm members of the city eomrdssinr nraty caurcil io a pz::icular dncis5an- AZ1 aFpa-rInd pub] i : u f fi ciA is rib: mac mt3iz1ed bC:atse that offiial carrot "¢tzs:ici,�ztc" without first dis. cfosi:r_th_comflictThe stt ut_d:�ints e Lh_ term `F3rti-z7p:tr' to mez-t ary ztt Ft to irilueno: the decision b;- oral o3 writtm, coommtr-cta6on- from the rmdi=_ of this sr'.: tLic, it =pptrsrs Lhat ar. c e,=d affidil con =rcrvt*t to E influemm a d:&sor even thaaSi th3.t E off-lciA has a confliti Ar.pobtcd ofn`- Gals are met ",pririlgctt T crn rtst have bcm a public —pair]' m=n why i the staturew-m vazittcn this�w-. •,,but it smr.� to r.�c dtztif el�� of fi;ztils took c Uri zdvzntage of then aizlity in try to E influmm a vote, z:rd thm, L-d3rcd a tmflict at tht last swand before the vot_ µ•zs actuzlly taker, the pub'hc would bare a hzsd time Lrrd=st:.=dir:L why this i%w proper ethiczl bxhavioc S-ar frisingif; state offidxl% c--i p, Uci- pteand• w.cin accmfottsit utior Qt=" FCM*s—Mwz:VAprJ 2C*.1 37 Page 165 '.y idricc 'in cli-rLs is that if rntinp cur-lici is know-r, it sinuld be anroun.-nd as soon as possible. flsuz2ly they arc knnw•n well tx:nr. L''ic m=- ing, if tom_ commi aners oa coun.l members arc dilipent in rericwirp, the ea.e:i;2% e5s:ributed to them i--fure the me tirg,. 11:c s.nzrt arcs clarify thncanEtti 'ue,do' r.nine7,&3tthcy r Est do, and pie= ann a call -.n get my osinion un it as wdl Fie= if I iusr told therm there is no kv.:d cur diet, I mr:xrurape theca to Hnr, thn matter tLa at the media:.:, Rei it or. the ze:ozd, and hzt-c r..c tril then in a puldizfccurn thzt U� --), du nut tare a tv.ingcon ffict. EurLzhcr, I zdvisn r1• clients- to h,tn the dis znd absent 6=1-es from the ronm, if t'ut is passiblm 1 thir-1 that L5c zppa3mnce of s om --on n miL'h a tu.inr conflict sitting on the dais during the distiussion (txcr. if rot purti.i,u:irg ir. thre distussinr.) ,sends a bad rn map_ to cifir.^•-ts. Fjv roll r, rood-n_,. smilirg 3--id other types of body, Izrip agn ccrtzir y zrc z farm of cv.rnrnta• zaLTon- I think the public and the dc:tcd official are bst steed b;• carp;s_ ran-p-=icr.--L:an. Most citixet:s opinian of thrrr ga%rrnr.-znr is usrzlly rto: partin.0=4- hi. h. ard, at the moment, is at a path :Ll=ly liw• point UL,_ czm zll imprnrs the pub'�zls opinion of gotirrr--n-rt officizls and c-nrlo}� 1:}• not tr1}' attingcL'�i�li}, brr! tloWi�, ctirr}'tt:�r, nr c.n to arpczr to act ethic.: ll-y. Mtrcly o`.*_}rr5 the dictztcs trf Oit statutes s�ame:ims is rot enatLgh- Concl usian 1Almostl The fexgoEng is teatF a brit c iscus sioa or ticctii:s law_ it does nat bcSja to cover ter= ribL et5cs cc cumpl=i-.ies of fat 4avz. I h: rc not ndd:essnd an e th_ rules on t1sc aasaaus f =ngs that are i rcquirrd am =J1yznd quarL--Iy. I Inez rat zddressed how• lifts axe talund- A reading of Dart [II of C h3PEM 1117 [rlorida is a:lrisod. There is r-.rtf: trait tit a Her iliscissnr- of thn hw =nnot caver. Ranetlias c Tip_ peralti!S for violating the eth- its taw is Ilnriu z:tc extensive. ll:cp 38 F6 ddm L*zys cF Cram arc found ir- Mzptcr 112? 17, Florida Statutes. licy, ircludc irtnm6ment, rsnnvzl from offim suxrzxm from t~fx , rLblic ti-ensure and rt-mmand, forfeit-t c of salary, civil pcn3l6cs and r i ion. 11-c pet iNe:s c1mmind by su utc do not lir;t thn power of the cry, to 6i%dr.linn its m-n ofE.-ms and =nr.lo}tcs it 3d1dCM to 1l:c starrLory pmz2:im C-ir.rnz3 pcnzld= alsa aptly when criminal Iaws are tiol-:ad. For a tctcd officals, tF a statute sped -telly provides L'rzta vinlacon of thnethics law'eo rr.iruts mzlfiru.-rcr., r:-i=sanecand rcFkc oftltay for the pi", , =-& efremot•al f:trn offitc. If the violation of the costs• statute r.;cs to the point of being a felony; CFap:= 112.3173, ilanda S=Lutes, pmvidm ffizt z P,jFlic of:E.= o: mrtrlo}nc for fits z:1 riphts =dcr apublic re irnmcnt system. In ad1--tica to t-b= p=aHe s, tom,: swws of z f.ub?ic. offi-ial or pu'hlic emp'loyce in their community end amain th— f m l; w mild he rrmt3y affected- If nathimg else, the public ant=rrunxt of bcirp, found it aia- lataan of this star-itc shoOd he more th--n eroup'n motivr! ion to d-t;--ntsape c_s cstaa=Hc htsuticc. My experience has be--n that the pr=t r.:apori1ycf cxal ofiidals w :nt to act ct-'tics3ly- Most violation s art arnm"ted tmint=tic .i.'r'p• and with- ou-1 fare°.hozggbt. rlrsc ---e unfamiB= rules. If yac Farc beer. dcct-ti or zp- Fo`mled rrn-mr:Iy,it is passiEa or Fare not bey: fu:ly l riefed nr tFcm. I.ef=- m ce to szzndard business eLsris; is not mneph A pure hra.-t is not enough -lem-n jbasrzt ufr. Ccnsalt Tour Aliorney In most d:cura.=n_-t,, the vtryInst and first step ►. 3,t }v^.r cin make is to consuk with }our cry attc.:rcf If the issr:e is a r.-utter of sc,:n_ consequs c- ask }vtrr are n, q for as tspinion it w'riring tc that tern opinion be Ovs: crallp at z geub5c ruing. If you arm ir. a very diffi-ult situa- tion wi& prcat torts..^, umcrs,yau mzy wish, to follow this up hy, s,+ettir.geithe: a fa^n z1 or informal opanior from the 113rida Cummissim cn- Ethics- Re- r-.-cmbcr: A formzl npatiur. hzx the cl- fe:•t of lzw•. Trratthcsi issues smbusll, foe: they have &minus cnnse lumt.-T-n Final J,dvira 11:c ethics s-zt:r:c is hzrd to navi- Fztn, and it is eompltx. Get crown. Zdvt-,e V.)= an Issue a : �s, 1 her_ art Iars of orir ons dtc:idad b}• thn i:o n- Mission on F. hies that exl.lair, thn law, ay,, z: imst, hclp us za undcrsti d th_ lax: (5e= s�rrtr iFi.rsf��rr,ei_us�" A ram, iew• of ttisc opirio-rs card Lee court cases ir4crr ri:rg Lht sratutc is best :,caomplii---d xi I. Icpz3 hc3r. Also car-%u3t }ncr in-ner e✓hical '• ,comr.ass. Mon Iv k ma?I be abk to identify sittutions that zt Icast .raise z rcd filar, reitirnp funFer st-.sly, c: map jr:st (Es.-txrrzgc an art that will €O'ne back ate F-IMt yofr .4lostdOCT --I-t bFicials enjoy, the prcro atitxs of Ll,--;r of:itc, he: ltx_r careful ;-I esirg t'•et:n in circt=n.stanrzs t'r:t bring a quit-stiocr to your =td- Nobody pirm you piftslxusa they likeyou, extcpt largtime fricnds ar..d far--E ' mm :`scu. If Lid didn t give you gifts be --fort you got dL,-;d to off5m, be a :r-`ul zbactz:vcrtrng them when zn dennd n,.Tid:1Byth_wiz •,gutsfromrclsf m; z•-e an exre .cion to the ditinidar. of "Inf-s in therzIL-I.c. Lkn_r yct:s dike to pm a benefit for W. scl: Cr. trth_.s tluat jou txrldr'E occ r--,Cish v i!Fout t~'hit afficc isrrolt bly gainp to violet= t3he smart= 11cre : c crimin:J stzic,--s znd cast lzw• $:v:nmon Iax•) that also come into clap it prape: circurnst:.-n-m 1►nz2}, octzsio-rz ly ref= bz)ck 20 E the fivc'g=cra3 rule rrnrided odic in tha zrticl. They zrn a rr=y baud fir-nus ttsL It is rcy &Bert°: to `s= rc ton mutxs," yntL shot`3d do mr-ry- LZsnp}'ou car. to ztx�cd z s;:uatinr. that "rerjts to tlisFtcrnr" and the g:ridirg, rrircipal in Iiorida t.^.hia taw is 'A r. LHiz: offt:Z is z m—Hiz trusL" Ja6r. J;wb :r.dLss hmr a city oftars y sirLC Jaewar} 15772. and bas tart dtv atfo-fn� 1?:rdin s.D%c 1974. Fie fuss o s sl: r."-d m rftly arfonL'7 fr. rsav7zi -af.FL'rvm,,iiic?, lLifL in rrrrr1:5 CaLmry, 011st ra r inid lartcor: Sx�rtrr„-�.. Page 166 6 Meeting Procedures The procedure and the records of council meetings are the heart of municipal - government activity. The proper conduct of meetings is of great importance to successful municipal functioning. Formal decisions must be made in an orderly, timely manner, with adequate input from an informed public. To satisfy these requirements is a complex task, which must be conscientiously addressed by council members and staff. City Council meetings are held the second and fourth Tuesday of every month at 9:00 a.m. in council chambers. These meetings vary in length depending on the agenda. Information pertinent to the meeting will be distributed to council by 4:00 p.m. on Wednesday before the meeting. If you wish to have an item placed on the agenda (such as a presentation), you must notify the city clerk by 12:00 noon on the Monday prior to the meeting. The mayor, city manager, city attorney, and city clerk review the agenda on Tuesday morning prior to the meeting. If you have questions regarding the information provided, feel free to call staff for clarification on the subject. Formal requests of staff must be done through the charter officer supervising that staff member or department. Past councils have asked that any documents requested from staff be copied to all council members. Throughout the year council will hold special meetings and workshops when deemed necessary. There are several workshops in July and two public hearings in September for budget purposes. Work sessions must also be open to the public, in compliance with the open -meeting law. Citizens (and press) are welcome as observers, but may not participate in discussions unless called on as a resource person or a provision has been made to allow for audience participation. Section 3.09 of the Charter defines the rules of procedure. "The city council will determine and adopt its own rules and order of business by ordinance. However, in the absence of a rule, Robert's Rules of Order (latest edition) will govern. The city council will keep written minutes of all regular and special meetings which will be a public record and which will be open for inspection by the public." Quorum/Motions/Votes Without a quorum, only the following business may be conducted: ■ Take measures to obtain a quorum ■ Fix the time the group will meet again ■ Recess ■ Adjourn Section 3.09 of the city charter states that a total of four persons, with or without the mayor, will constitute a quorum. Four affirmative votes will be required to approve a contract, to pass a resolution or for the final adoption of an ordinance. Page 168 Abstention Florida law stipulates that no member of any governmental body may abstain from voting unless there is an applicable conflict of interest under the law. Handling of a Motion A motion is a formal statement of a proposal or question to an assembly for consideration and action. The presentation of a motion is made by addressing the mayor, gaining recognition, proposing the motion, and having it seconded, followed by the mayor stating the motion to the council. 1. The member makes a motion "I move that..." 2. Another member seconds the motion "I second the motion" or simply "Second." If a second is needed and none is forthcoming, the mayor should ask "Is there a second to the motion?" If there is no second, the mayor announces, "Since there is no second, the motion is not before this meeting," (or more informally), "The motion dies for lack of a second." 3. The mayor states the question on the motion. "It has been moved (and seconded) that... (repeat motion)." 4. The mayor then asks if there is any discussion and council members may then debate or amend the motion if desired. The maker of the motion is the first person to be called upon to have the opportunity to discuss the motion. 5. The mayor puts the question to a vote. "The question is on the approval of the motion that... (repeat motion or clearly define it). All those in favor signify by saying (aye). All those opposed signify by saying (no)." Note: The vote on all ordinances and resolutions is taken by roll call, and each council member's vote is recorded in the minutes. If any council member will fail to vote on any ordinance or resolution, the reason for his abstention will be recited in the minutes. Roll call votes may also be called for clarification of the vote. 6. Mayor announces voting result and effect. If a council member leaves during a meeting, the council must wait for them to return before taking a vote on any issue. If the council member has left the meeting for the duration, voting can continue. When a council member requests staff to investigate a project or instructs staff to do something during a meeting, a motion or consensus is necessary. Council must vote as a body for staff to carry out the request and for the action to be recorded in the official minutes. Page 169 The following are some problem areas in the making of motions: 1. Lay on the table... The purpose of this motion is to clear the way for some type of emergency that must be handled at that moment. If there is evidently no other matters urgently requiring immediate attention, but you want to delay action on the motion use "postpone indefinitely/postpone to a certain time." 2. Postpone indefinitely/postpone to a time certain... "Postpone indefinitely" can be used to kill the main motion and avoids a direct vote on the question. It is useful in disposing of a badly chosen main motion that cannot be either adopted or expressly rejected without possibly undesirable consequences. "Postpone to a time certain" can be used either so that the question may be considered at a more convenient time, or because debate has shown reasons for holding off a decision until later. 3. Reconsider... This motion is made by a member of the prevailing side on a motion made during the current session and places before the council again the question on which the vote is to be reconsidered. The purpose of reconsidering a vote is to permit correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote. 4. Rescind or amend something previously adopted... are two forms by which council can change an action previously taken or ordered. The effect of rescind is to strike out an entire main motion that has been adopted at some previous meeting. Amend something previously adopted is used to change only a part of the text or to substitute a different version. 5. Reject... If a main motion to take a desired action has already been rejected during the current session, it can be introduced again, as if new, at any later session. Some commonly asked questions regarding the making of motions are: 1. Can the maker of a motion modify or withdraw his motion without the permission of council? Until the mayor has presented a motion to council, the maker of the motion can modify or withdraw it without anyone's consent. After the motion has been presented to council (which is done by the mayor repeating the motion) the originator can modify or withdraw it only with the permission of the council. In other words, as long as the maker of the motion owns the motion, he can do with it as he wishes; once the council owns the motion, the maker must get the permission of council. 2. If the maker of the motion requests permission to modify or withdraw does the chair ask for the permission of the person who seconded the motion? No. This is a common misconception. As stated above, before the chair Page 170 restates the motion, a request to modify or withdraw is a demand — the maker of the motion still owns his motion and can do with it as he wishes. After the chair restates the motion, a request to modify or withdraw requires unanimous consent or a majority vote. The member who seconded the motion has no more control over it than any other member. The seconder can, of course, like any other member, object to unanimous consent and thus require a vote to be taken on the request. 3. What if the maker of the motion wishes to modify or withdraw but some members of the assembly do not agree? If a member wishes to modify or withdraw his motion after his motion has become property of the assembly, he states: "Mr. Mayor, I request permission to withdraw my motion." The chair states: "Council member X requests permission to withdraw his motion. If there is no objection, Mr. •X's motion will be withdrawn." (Pause) Council member: "Objection." Chair: "There is an objection. The question is: Shall permission be granted to withdraw the motion: All those in favor of allowing Mr. X to withdraw his motion, say 'Aye' ...all those opposed to having the motion withdrawn, say 'No'." If a majority votes to continue the consideration of the motion, the request to withdraw is denied. If there is no objection, the motion may be withdrawn without need of a vote. More information regarding parliamentary procedure and the making of motions is available in the city clerk's office. Also available are videos, which demonstrate these procedures in action. Page 171 .. r 9 e ' 401 West Venice Avenue City of Venice Venice, FL34285 www.vericegw.com yO Meeting Agenda City Council Tuesday, July 11, 2017 9:00 AM Council Chambers Broadcast This meeting wig re -broadcast the week after the meeting on Access Sarasot d (Comcast Channel 19)(Verizon Channel 32). To view the meeting live please tog onto www. venkegov.corn cb'ck on meetings, rnd today's meeting and clkk'in progress CALL TO ORDER ROLL CALL INVOCATION AND PLEDGE OF ALLEGIANCE I. RECOGNITION 17-2812 Mayor's Pillar of the Community Award, Presented to Ellen Hillstrom Ataachments: Write Up 17-2813 Recognize August 2017 as Breastfeeding Awareness Month, Presented to Arielle Ball, WC Breastfeeding Peer Counselor, Healthy Start Coalition of Sarasota County Lactation Counselor, and Lactation Love Attachments: Proclarnatlon II. AUDIENCE PARTICIPATION Excluding Public Hearings (Five Minutes Each Speaker). An Additional Opportunity for Audience Participation wig be ObservedlmmedlateyFoRowing the Lunch Breakfor Meetings that Extend Into the ARernoon. III. CONSENTSECTION: Ag matters b'sted under the Consent Section are considered to be routine and will be enacted by one motion unless an Rem is removed by a council member. There will be no separate discussion of these items. If discussion Is desired by a council member, the Rerr1's) wig be consideredand voted upon at the end of the Consent Section. A- MAYOR 17-2814 Appoint Terri Britton to the Venice Housing Authority to Complete the Term i of Douglas Roach from July 11, 2017 until October 31, 2018 Gry ofVmice Page f of 6 PMted on W2b2017 Page 172 o City Council Meeting Agenda July 11, 2017 Attachments: Memorandum Apphcat�on B. CITY CLERK 17-2815 Minutes of the June 19, 2017 Budget Workshop and June 29, 2017 Budget Special Meeting Attachments: June 19, 2017 June 29, 2017 C. C/TYMANAGER Engineering 17-2816 Authorize the Mayor to Execute Work Assignment 2017-01 Pursuant to the November 30, 2016 Agreement Between City of Venice, Florida and Stantoc Consulting Services, Inc. in the Amount of $276,441 to Complete the Construction Engineering Inspection and Verification Testing for the Venice Resurfacing Project, Phase 1 AMehments: Memorandum Work Assianment Ag,eement CON. NO. Approval of Contractwith Preferred Materials, Inc. in the Amount of 93-2017 $6,445,341.70 for City of Venice Resurfacing Project, Phase 1 Arrachmenrs: Memorandum Sol,caation DoarmeMs tad Submttal CON. NO. Approval of Contract with DeJonge Excavating Contractors, Inc. in the 94-2017 Amount of $354,370.25 for the Edmondson Road Multi -Use Trail Attachments: Memorandum .S41,cAahon pocuments B,d Submittal Public Works 17-2817 Approve Blanket Purchase Order Increase for Bodi and Associates in the Amount of $7,010 for the Completion of Fencing Projects Atrachmmes: Memorandum Quote Prono5al Original Blanket Purchase Order Cory d venke Page 2 ea/ Ptntedon $2M17 t Page 174 City Council Meeting Agenda July 11, 2017 Utilities 17-2818 Request Approval to Execute Black & Veatch, Work Assignment No. 2016-01, Water Treatment Plant RO Efficiency Study in the Amount of $326,196 Attachments., Memorandum V_pV rk Assignment 17-2819 Request Approval to Execute Black & Veatch, Work Assignment No. 2016-02, Water Master Plan Update in the Amount of $294,446 Attachments: Memorandum Mr% Assignment IV. ITEMS REMOVED FROM CONSENT V. PUBLIC HEARINGS CC Consider and Act Upon Preliminary Plat Amendment Petition No. 01-03PP.2 01-03PP.2 for the Triple Diamond Commerce Park (PGT Childcare) to Allow for the Replat of Lot 52 into Two Lots (Lot 52A and 52B) and to Approve Requested Variance or Code Modification from Section 86-132(h)(3) to Reduce the Minimum Landscaped Open Space on Proposed Lot 52B from 20%to 16.3% (Quasi Judiciah Attachments: terrarandum Presentation Staff Report Preliminary Plat Amendment Aoolication Materials Preliminary Plat Amendment Plans Speaker Cards COUNCIL ACTION/DISCUSSION 17-16FP Authorize the Mayor, City Attorney and City Engineer to Sign the Final Re -Plat for Triple Diamond Commerce Plaza, Unit 3 from PGT Industries Inc. Anaehmennt Memorandum Redat PUBLIC HEARINGS -Continued ORDINANCES — FINAL READING C ty of Yank* page 2 of a PrIr W x72)20f2 Page 175 City Council Meeting Agenda July 11, 2017 ORD. NO. An Ordinance Amending the Official Zoning Atlas of the City of Venice, 2017-20 Florida, Relating to Property Located at 2201 Knights Trail, as Reflected in Zoning Map Amendment Petition No. 17-08RZ, Rowco, LLC, (John Nolen Gardens), Rezoning the Property from Residential, Multiple -Family 2 (RMF-2) Zoning District with Stipulations to Residential, Multiple -Family 4 (RMF-4) Zoning District with Stipulations; Providing for Repeal of all Ordinances in Conflict Herewith; Providing for Severability; and Providing for an Effective Date (Quasi Judicial) Arrachmenrs: Memorandum Staff Report ArmI cant Material Ordinance Presentat=on to Plannma Commission Panninn Commission Minutes Written Communication Through June 26 Written Communication throuqh July 5 Speaker Cards 6-28-17 Sneaker Cards 7-11.17 ORDINANCES - FIRST READING ORD. NO, An Ordinance Amending the Official Zoning Atlas of the City of Venice, 2017-24 Florida, Pursuant to Rezone Petition No. 17-06RZ, Relating to Property in the City of Venice Located at 409 Park Lane Drive and Owned by Richard and Jeanne Davis, for the Rezoning of the Property Described Therein, from Sarasota County, Residential Single -Family 2 (RSF-2) to City of Venice, Residential Single -Family 2 (RSF-2); Providing for Repeal of all Ordinances in Conflict Herewith; Providing for Severability; and Providing for an Effective Date (Quasi Judicial) ,r T `" rmm Ordinance Presentatron Staff Repo Application Materials Speaker Cards June 6 M 7 Planning Comm swn Meetina Mmutes ORD. NO. An Ordinance Amending the Official Zoning Atlas of the City of Venice, 2017-25 Florida, Pursuant to Rezone Petition No. 16-07RZ, Relating to Property in the City of Venice Located South of Laurel Road, North of Border Road and both East and West of Jacaranda Boulevard and Owned by Neal Communities of Southwest Florida, LLC, and Border and Jacaranda Holdings, LLC, for the Rezoning of the Property Described Therein, from City of Venke page a ore P/Mred an &2M17 Page 176 City Council Meeting Agenda July 11, 2017 City of Venice Laurel Lakes Planned Unit Development (PUD) and VICA PUD to City of Venice Milano PUD; Providing for Repeal of all Ordinances in Conflict Herewith; Providing for Severability; and Providing for an Effective Date (Quasi Judicial) Artachtnews: Ordinance - Revised Memorandum Ordinance Power Point Presentation to Planninq Commission Applicant Materols Slat( Report Written Correspondence Mr, soone's Letter Documentation Speaker Cards June 6. 2017 Planning Commission Meeting Minutes Speaker Cards VI. NEW BUSINESS A. RESOLUTIONS RES. NO. A Resolution of the City of Venice, Florida, Accepting Utilities and 2017-1 7 Improvements Installed by Neal Communities of Southwest Florida, LLC, (Villages of Milano Replat of Tract 200) and Accepting a One Year Developers Maintenance Bond, and Bill of Sale, and Providing an Effective Date Atraehmews: Memorandum Resolution Record drawinas I,`L•]I[•3�I•J.7/1I.3�I�33L•7.`Q•ZTi71.1,�F�7 71 2802 Council Direction on Extraordinary Mitigation Fees (Persson) c/W rV-*. P.R. 5 of a P rt — e 2? 17 Page 177 City Council Meeting Agenda July 11, 2017 Anachmenrs: Mr Persson's Letter Fees Wthin Agreement Mr Persson's Letter Neal Dispute Mr, Soone's Letter Milano PUD Mr Boone's Letter Windwood Fees Laurel Lakes Agreement Laurel Lakes Revised Aareement MM Partof Wtods Agreement Van Pelt Pre -Annexation Agreement MCA Agreement W ndwood AareemeM V bods Agreement 17-2820 Naming of City Assets (Holic) Anachmenn: Newspaper Article Supporting Documentation Application for Naming Parks 17-2821 Staff Review and Council Discussion on Reported Issues at the Seafood Festival and Brew Bash in Centennial Park (Daniels) Affachments: Email Reouest Special Event 5Year Pro'iedicn Ms MCGowan's Documents Mr Lavallee's Memorandum Speaker Card Speaker Cards Speaker Cards 17.2822 Consider Request to Send Letter to Congressman Rooney Opposing H.R. 2997 Which Would Privatize the Nation's Air Traffic Control System (Hofic) Aimchments: Email Reauest NBAA Email Reauest 17-2823 Set the Dates for the Public Hearings on Miltage and Budget for 5:01 P.M. on September 13, 2017 and September 27. 2017 and Set the Preliminary Operating Millage Rate at 3.6000 Mills and the Voted Debt Service Miltage Rates for the Fiscal Year Ended g/30/18 be set at .6780 mills Arfachments: Memorandum cAyor venkv Page 6 or 6 Printed— &7Z"f7 Page 178 City Council Meeting Agenda July 11, 2017 C. PRESENTATIONS AND AUDIENCE PARTICIPATION WILL BE HEARD AT 1:00 P.M. -AGENDA ITEMS MAYBE DELAYED OR MOVED FORWARD TO ACCOMMODATE PRESENTATIONS 17-2804 Director of Libraries and Historical Resources Sarabeth Kalajian, Sarasota County: Update on Venice Public Library (15 min.) Arcachmears: Presentation Speaker Cards 172824 Sarasota County Supervisor of Elections Ron Turner: Election Office Update (15 min.) 17-2825 City Engineer Kathleen Weeden: Downtown Reconstruction Project Update (10 minutes) Artechmeera: Presentation Siaht Triangle F.h,bits VIII. CHARTER OFFICER REPORTS City Attorney City Clerk City Manager IX. COUNCIL REPORTS Council Member McKeon Councll Member Daniels Council Member Gates Council Member Anderson Council Member Cautero Council Member Fralze Mayor Holic X. AUDIENCE PARTICIPATION Five rNnutes each speaker. Crry or V.elce v.ge7 ors PrMhd on L2L2017 Page 179 City Council Meeting Agenda July 11, 2017 XI. ADJOURNMENT The meeting will not go beyond 500 p.m unless City Council grants an extension. If you are disabled and need assistance. please contact the City Clerk's office at least 24 hours prior to the meeting. NOTE: No stenographic record by a aert red court reporter is made of this meeting. Acaxdingty, any person who may seek to appeal any decision involving the matters noticed herein will be responsible for making a verbatim record of the testimony and evidence at this meeting upon which any appeal is based. city or veakv vagea as Prrrtedw &W20n Page 180 Ordinances and Resolutions A principal activity of municipal councils is the adoption of ordinances and resolutions. Section 166.041 of the Florida Statutes provides the procedure for the adoption of municipal ordinances and resolutions. Ordinances and Resolutions 1. Must be introduced in writing, and address only one subject, and that subject will be clearly stated in the title. 2. Must be approved by an affirmative vote of the majority, except that a two- thirds vote is required for an emergency ordinance. 3. Must be voted on by roll call vote, and must be recorded on the official minutes as such. 4. Become law ten days after passage or as otherwise provided. 5. Will, upon final passage, be recorded in a book kept for that purpose and will be signed by the mayor, city clerk and city attorney. 6. Are generally read by title on two separate readings (except emergency ordinances and resolutions) and will be published in a newspaper of general circulation at least ten days prior to adoption. 7. Ordinances rezoning specific parcels of private real property or substantially changing permitted use categories in zoning districts have more strict guidelines — they must typically be advertised 15 days in advance and surrounding property owners must be notified. Quasi-judicial Hearings As a result of the Florida Supreme Court decision in Board of County Commissioners of Brevard County v. Snyder certain hearings must now be conducted as more formal "quasi-judicial' hearings. The quality of due process required in a quasi-judicial hearing is not the same as a full judicial hearing. Quasi-judicial proceedings are not controlled by strict rules of evidence and procedure. Certain standards of basic fairness must be adhered to in order to afford due process. In quasi-judicial proceedings, the parties must be able to present evidence, to cross-examine witnesses, and be informed of all facts upon which the government board acts. The decision of the government board must be based upon competent substantial evidence introduced into the record at the hearing. This has changed the nature of a rezoning from a, legislative act (where local government has considerable discretion) to a quasi-judicial type act where the decision to rezone or not must be based upon a factual determination of whether or not the rezoning is consistent with the comprehensive plan. The government board is not required to make a specific finding of fact. However, there must be competent substantial evidence in the record to support the ruling of the board. Previously there was no requirement to "build a record" in the testimony and Page 181 documents presented to the board. Now a case must be presented to support the action of the board. Due to the fact that the decision must be based solely upon evidence introduced into the record at the hearing, no ex parte contacts or communications with the members of the government board are allowed with exceptions. An "ex parte" contact is any communication with a government board member outside of the hearing or "off the record" which relates to the subject matter of the hearing. The city has established a process for the disclosure of ex parte communications, which removes the presumption of prejudice arising from ex parte communications. 1. An elected city official may have an oral ex parte communication concerning any matter on which quasi-judicial action may be taken by a city board, commission or council of which the city official is a member. The presumption of prejudice arising from such oral ex parte communication shall be removed provided that the city official shall disclose the subject of the communication and the identity of the person, group or entity with which the communication took place. Such disclosure shall be made a part of the record before final action is taken on the matter. 2. An elected or appointed city official may receive a written ex parte communication concerning any matter on which quasi-judicial action may be taken by a city board, commission or council of which the city official is a member. The presumption of prejudice arising from such written ex parte communication shall be removed provided that the city official shall deliver a copy of the communication to the city clerk and such written communication shall be made a part of the record before final action is taken on the matter. 3. An elected or appointed city official may conduct an investigation or site visit concerning any matter on which quasi-judicial action may be taken by a city board, commission or council of which the city official is a member. The presumption of prejudice arising from such ex parte communications shall be removed provided that the city official shall disclose the existence of the investigation or site visit. Such disclosure shall be made a part of the record before final action is taken on the matter. 4. The disclosures provided for above shall be made before or during the public meeting at which a vote is taken on such matters so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the communication. The following city actions are "quasi-judicial." 1. Planning Commission hearings on: ■ Owner -initiated requests for rezoning, special exception or conditional use Page 182 ■ Zoning ordinance adoption and amendment ■ Site plan and preliminary plat approval 2. City Council hearings on ordinances considering: ■ Owner -initiated requests for rezoning, special exception, or conditional use ■ Zoning ordinance adoption and amendment 3. City Council hearings on: ■ Preliminary plat approvals 4. Architectural Review Board approvals 5. Code Enforcement Board hearings Page 183 Sample Public Hearing Notice CITY OF VENICE PUBLIC HEARING NOTICE NOTICE is hereby given that the City Council of the City of Venice, Florida will hold a public hearing beginning at 9:00 a.m. or shortly thereafter, on October 10, 2017, in Council Chambers, City Hall, 401 West Venice Avenue, Venice, Florida, to consider and act upon Change in Plan Petition No. 16-01PC for Eye Associates to allow for a proposed change to a previously approved Planned Unit Development (PUD) concept plan to change the permitted use on the following described property in the City of Venice: Parcel Nos: Multiple Parcels Location: 1550 Venice Ave E. Owner/s: Multiple Owners This public hearing may be continued from time to time. Location Q� ® AUBURNEAKES DR pa rrr VISTA IEVLA rr�mlll DEL`LAGO WAY SUBJECT PROPERTY CPAVUPBLVD FF E VENICE'AVE _ O �y L_J =Z�=— I WOODS11nnCII IIIR Legend I KUNZE RD — Str•et Cay Limit i Subi-ct Propey Q City PaMeU F I County Pame's ! T Petition No. 16-01PC ` Eye Associates Plans and/or details are available for public inspection at the City Clerk's office, 401 West Venice Avenue, Venice, Florida. All interested parties are invited to appear and be heard. Written communication filed with the City Clerk at the above address will be heard and considered. A complete draft of the proposed preliminary plat is on file in the Office of the City Clerk for inspection by the public between the hours of 8 a.m. to 4 p.m., Monday through Friday. No stenographic record by a certified court reporter is made of this meeting. Accordingly, any person who may seek to appeal any decision involving the matters noticed herein will be responsible for making a verbatim record of the testimony and evidence at the meeting upon which any appeal is to be based. If you are disabled and need assistance, please contact the City Clerk's office at least 24 hours prior to the meeting. /s/ Lori Stelzer, MMC City Clerk Publish: September 20, 2017 E-mailed to Venice Gondolier: September 15, 2017 Page 184 Sample Ordinance Prepared by: City Clerk & Planning Department ORDINANCE NO.2017-13 AN ORDINANCE OF THE CITY OF VENICE, FLORIDA, AMENDING ORDINANCE NO. 2012-16 RELATED TO DOG FRIENDLY DINING; AMENDING SECTION 3 EFFECTIVE DATE, BY DELETING THE SECOND SENTENCE THAT PROVIDES FOR A FIVE-YEAR EXPIRATION OF THE ORDINANCE WHEREAS, the City of Venice adopted Ordinance No. 2012-16 on June 12, 2012, to implement the local exemption established by Florida Statute to allow patrons dogs within certain designated outdoor areas of their respective establishments; and WHEREAS, Ordinance No. 2012-16 included a provision that would cause the ordinance to expire five years after its adoption unless extended by City Council prior to its expiration; and WHEREAS, the Venice City Council desires to retain Ordinance 2012-16 and remove the expiration date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VENICE, FLORIDA. SECTION 1. The above whereas clauses are ratified and confirmed as true and correct. SECTION 2. Section 3 of City of Venice Ordinance No. 2012-16 is hereby amended as follows: SECTION 3. Effective Date. This ordinance shall take effect immediately upon its adoption. Thie 9Fd-iRaRE@- Shall e%PiFe five yeaFS afteF its adoption unless extended by SECTION 3. All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed. SECTION 4. If any part, section, subsection, or other portion of this ordinance or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this ordinance, and all applications thereof not having been declared void, unconstitutional, or invalid, shall remain in full force and effect. The city council specifically declares that no invalid or prescribed provision or application was an Inducement to the enactment of this ordinance, and that it would have enacted this ordinance regardless of the invalid or prescribed provision or application. SECTION S. This Ordinance shall take effect Immediately upon approval and adoption as provided by law. Page 1 of 2, Ord. No. 2017-13 Page 185 PASSED BY THE CITY COUNCIL OF THE CITY OF VENICE, FLORIDA THIS 23RD DAY OF MAY, 2017. First Reading: May 9, 2017 Final Reading: May 23, 2017 ADOPTION: May 23, 2017 John W. Holic, Mayor ATTEST: Lori Stelzer, MMC, City Clerk I, LORI STELZER, MMC, City Clerk of the City of Venice, Florida, a municipal corporation In Sarasota County, Florida, do hereby certify that the foregoing is a full and complete, true and correct copy of an Ordinance duly adopted by the Venice City Council, at a meeting thereof duly convened and held on the 23rd day of May 2017, a quorum being present. WITNESS my hand and the official seal of said City this 23rd day of May 2017. Approved as to form: David Persson, City Attorney Lori Stelzer, MMC, City Clerk Page 2 of 2, Ord. No. 2017-13 Page 186 Sample Resolution Prepared by City Clerk's office RESOLUTION NO.2017-23 A RESOLUTION PROVIDING FOR THE CITY OF VENICE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2017, TO ELECT TWO COUNCILMEMBERS, FOR THREE-YEAR TERMS; AND DESIGNATING POLLING PLACES FOR THE ELECTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Venice's election does not coincide with a county -wide election and will be conducted as a stand-alone election; and WHEREAS, early voting provides citizens greater access to elections and facilitates increased voter participation; and WHEREAS, advertising the elections are required by law and provides citizens with greater knowledge of the elections. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VENICE, FLORIDA: SECTION 1. The above Whereas clauses are ratified and confirmed as true and correct. SECTION 2. Early voting will take place at the Sarasota County Supervisor of Elections office, 4000 Tamiami Trail, beginning on Monday, October 30, 2017 and end on Friday, November 3, 2017 between the hours of 8:30 a.m. and 4:30 p.m. daily. SECTION 3. Tuesday, November 7, 2017, between the hours of 7:00 a.m. and 7:00 p.m. is designated as the day on which the annual general municipal election will be held in the City of Venice for the purpose of electing two council members for a three-year term. SECTION 4. The polling places for the general election are listed as follows: POLLING PLACES Precinct 301 Waterford Sports Club, 1460 Gleneagles Drive Precinct 305 Church of the Nazarene,1535 Venice Avenue East Precinct 435 Venetian Golf and River Club, 502 Veneto Blvd. Precinct 511 Venice Community Center, 326 Nokomis Avenue South Precinct 513 Bird Bay Village, 606 Bird Bay Drive South Precinct 515 Hotel Venezia, 425 US 41 By -Pass Precinct 517 Church of the Nazarene,1535 Venice Avenue East Precinct 519 Emmanuel Lutheran Church, 800 Tamiami Trail South Precinct 521 Country Club Estates, 700 Waterway Drive Page 1 of 2 -Res. No. 2017-23 Page 187 SECTION S. Advertising of the election shall comply with state election laws and the city code. SECTION 6. A copy of this resolution shall be provided to the Sarasota County Supervisor of Elections. APPROVED AND ADOPTED AT A REGULAR MEETING OF THE VENICE CITY COUNCIL HELD ON THE 26TH DAY OF SEPTEMBER, 2017. ATTEST: Lori Stelzer, MMC, City Clerk (SEAL) John W. Holic, Mayor Page 2 of 2 - Res. No. 2017-23 Page 188 Sample Proclamation Office of the �Rapor Proclamation Whereas, the Florida Association of City Clerks (FACC) was established in 1972 to promote and develop the educational and professional status of Florida city clerks; and Whereas, the primary objective of the FACC is to educate the city clerks in the State of Florida; and Whereas, the FACC works in conjunction with the International Institute of Municipal Clerks to provide Certified Municipal Clerk (CMC) and Master Municipal Clerk (MMS) certification for city clerks: and Whereas, the FACC strives to help increase the efficiency of city clerk functions, increase cooperation and assistance with city administrators, gather and disseminate information to improve procedures, and improve the efficiency of the administration of municipal government; and Whereas, the FACC currently has more than 575 members in seven districts throughout the state; and Whereas, the FACC is proud to have one of the largest certification programs in the country with more than 200 Certified Municipal Clerks and more than 100 Master Municipal Clerks among its members; and Whereas, the FACC provides educational opportunities for clerks through its annual summer conference and academy and fall academy, webinars, district mini -academies and Athenian Dialogues; and Whereas, the FACC provides a discussion forum by which members may post inquiries when researching best practices for programs, issues and opportunities within Florida's cities; and Whereas, the City of Venice is proud to offer membership into FACC for Past President Lori Stelzer and Ileather Taylor. Now, Therefore. 1, John W. Holic, Mayor of the City of Venice. Florida, on behalf of the Venice City Council. do hereby proclaim 2017 as the 45th Anniversary of the Florida Association of City Clerks in the City of Venice. and call upon each citizen to recognize the opportunities provided by the FACC. In Witness Whereof, I have hereunto set m v hard and caused the Seal of the City of Venice to be aired this I4th day of Afarch. 2017. MayorW rer,"(1101"Q11=00 �, Page 189 Board Appointments The mayor will appoint each council member to a board/committee/task force of the city to act as a liaison. You will serve on a board but will have no voting power. If you are interested in a particular board, inform the mayor of your choice as soon as possible. Appointments are made shortly after the election. The council member appointed to the Venice Housing Authority serves as liaison between city council and the housing authority. The liaison does not participate in the meetings, but is an observer and when asked, assists the authority. The boards are: ■ Architectural Review Board ■ Economic Development Advisory Board ■ Environmental Advisory Board ■ Historic Preservation Board ■ Municipal Code Enforcement Board ■ Parks and Recreation Advisory Board ■ Planning Commission ■ Public Art Advisory Board ■ Venice Housing Authority The mayor also appoints council members to serve on various county and regional boards. They are the Southwest Florida Regional Planning Council, Sarasota County Tourist Development Council, ManaSota League of Cities, Sarasota County Tourist Development Council, Economic Development Council, Community Action Agency Board, and Metropolitan Planning Organization. Other city boards that do not have members of council on them are: Citizen Tax Oversight Committee (one cent sales tax), Construction Board of Adjustment and Appeals, Fire Pension Board of Trustees, Police Pension Board of Trustees, and CRS Floodplain Management Plan Committee. More information on and copies of the enabling legislation for these boards is available in the city clerk's office. Page 190 Council Liaisons — Resolution No. 2014-24 Prepared by: Gty Clerk and City Attorney RESOLUTION NO.2014-24 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF VENICE, FLORIDA, AUTHORIZING CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO DESIGNATED BOARDS, COMMISSIONS AND COMMITTEES (BOARDS); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Venice City Council desires to keep informed of the activities and actions of the various boards and committees; and WHEREAS, in order to foster this goal, council members will be assigned to serve as a liaison to such designated board(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VENICE, FLORIDA, as follows: SECTION 1. Venice City Council members are authorized to serve as liaisons to a designated board(s). SECTION 2. Liaisons are for fact finding and information gathering purposes only and are not members of the boards. Liaisons will not sit at the dais during the meetings and may participate in the meetings as a member of the audience. SECTION 3. The Venice City Council will determine which boards will have liaisons and which council members will be assigned. After the initial designation, assignments will be made as soon after the November election as possible. SECTION 4. This resolution shall take effect immediately upon adoption. APPROVED AND ADOPTED AT A REGULAR MEETING OF THE VENICE CITY COUNCIL HELD ON THE 22TH DAY OF AUGUST, 2014. 211, W. Hoc lic, Mayor ATTEST Lori S elzer, MMC, City erk (SEAL) Page 1 of 1, Res. No, 2014-24 Page 191 City of Venice Boards/Committees Architectural Review Board The purpose of the board shall be to conduct studies and make recommendations to the city council for the adoption, administration and enforcement of reasonable architectural and aesthetic standards to apply in appropriate areas or districts of the city. Administer and enforce the standards pursuant to the procedures adopted by the city council. Seven members, who must be a city resident or city property owner with a background in building design or related field and one member who is an architect and does not need to be a resident of the city. It meets the 2"d and 4th Thursday of each month at 9:00 a.m. , Citizen Tax Oversight Committee (One Cent Sales Tax) The committee shall conduct an annual review of the expenditures made by the city from the sales tax proceeds to ensure that expenditures have been made in accordance with infrastructure project lists and changes thereto. The committee has five members who are residents of the city. They meet at least annually and otherwise as needed. Construction Board of Adjustment and Appeals The regular members (seven person board) shall hear appeals of decisions and interpretations of the building official and applications for variances. The regular members and alternate members (ten person board) shall hear all cases involving certificates of competency, licenses and discipline. Seven members are to serve with knowledge and experience in the technical codes, such as design professionals, contractors or building industry representatives. Three alternate members to serve as consumer representatives and who shall not be, or ever have been, members or practitioners of a trade or profession regulated by the board or a member of any closely related trade or profession. Members need not be city residents. It meets at the call of the chair. CRS Floodplain Management Plan Committee Shall provide opportunities for the public to comment on the plan; coordinate with other agencies; assess local flood hazards; assess local flooding problems; set goals and draft an action plan; review possible activities that could reduce or prevent the severity of local flood hazards; present the action plan to the Venice City Council for adoption; implement, evaluate and suggest revisions to the plan on an ongoing basis; write an annual evaluation report on the progress of the plan; and update the plan and submit the updated plan to city council for adoption by October 1 every five years. Nine members, with one representative from a local insurance agency, one representative from a local bank or lender, a minimum of two Page 192 additional local stakeholders, the city's public information officer and one representative from each of the following city departments: planning and zoning, building, and engineering. The committee meets quarterly to evaluate the plan and revise as needed. Economic Development Advisory Board To collect information and ideas and make recommendations to assist the city to make sound choices and find the most feasible, coherent way to encourage economic development consistent with the goals of the city. Eight members; four shall be residents of the city and a student member. The board meets bi-monthly on the 3rd Wednesday of the month at 3:30 p.m. Environmental Advisory Board Created to collect information and ideas and make recommendations to assist the city to establish clear priorities among the many things that can be done, so that the city is making sound choices and finding the most feasible, coherent ways to be environmentally responsible. The board has eight members who are city residents, owners of real property located within the city or work within the city and a student member. The board meets quarterly on the 4th Wednesday at 2:30 p.m. Fire Pension Board of Trustees The board has administration of and responsibility for the proper operation of the Fire Department retirement system. Five members; two civilian residents of the city, two full-time firemedics elected by the membership and one member chosen by the previous four members. It meets quarterly. Historic Preservation Board Advise the city council on matters of historical interest and preservation, advise the architectural review board on the establishment and administration of historic districts in the city, assist the planning commission in the historic preservation element of the comprehensive plan. The board has seven members who are city residents and individuals with special interest or knowledge in history, architecture or related disciplines and the heritage of the city and one student member from the Venice area. It meets the 3rd Friday of each month at 9:00 a.m. Municipal Code Enforcement Board Conduct hearings and enter enforcement orders and civil fines relating to the enforcement of the code of ordinances including, but not limited to, business tax receipts, fire, building, zoning, and sign codes. Seven members who are residents of the city (preferably an architect, a businessperson, an Page 193 engineer, a general contractor, a realtor and a subcontractor). It meets the 1st Thursday of each month at 10:00 a.m. Parks and Recreation Advisory Board Advise and give recommendations to the city council on matters pertaining to the parks and recreation system of the city. Assist in the definition and evaluation of goals and objectives for the parks and recreation system. The board has seven members who are city residents or owners of property within the city and one student member from the Venice area. It meets the 3rd Monday of each month at 3:00 p.m. Planning Commission Propose principles and policies for guiding action affecting development in the city. Prepare and keep current a comprehensive general plan for meeting present requirements and such future needs as may be foreseen. Determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan. Seven city residents serve on the commission. It meets the 1st and 3rd Tuesday of each month at 1:30 p.m. Police Pension Board of Trustees The Board has administration of and responsibility for the proper operation of the police retirement system. Five members; two civilian residents of the city, two full-time police officers elected by the membership and one member chosen by the previous four members. It meets quarterly. Public Art Advisory Board Collect information and ideas and make recommendations to assist the city in establishing clear priorities and policies for the incorporation of public art in the design and construction of public facilities and spaces in the city, so that the city is making sound choices and finding the most feasible, coherent ways to enhance the community arts and culture. Five members, city residents, owners of real property located within the city or work within the city. It meets quarterly. Venice Housing Authority To find sanitary dwelling accommodations available to families of low income at rental they can afford. Seven members, no residency requirement; however at least one member of the authority must live in the housing project. It meets on the 3rd Thursday of each month at 6:00 p.m. Page 194 4 f Acronyms ADA American with Disabilities Act AGO Attorney General Opinion ARB Architectural Review Board CBD Central Business District CIP Capital Improvement Plan DEO Department of Economic Opportunity DEP Department of Environmental Protection EDU Equivalent Dwelling Units EPA Environmental Protection Agency ERU Equivalent Residential Unit FAA Federal Aviation Administration FLC Florida League of Cities FSBPA Florida Shore and Beach Preservation Association MGD Million gallons per day MPO Metropolitan Planning Organization NPDES National Polluant Discharge Elimination System RO Plant Reverse Osmosis Plant SMATS Sarasota Manatee Area Transportation Study SWFRPC Southwest Florida Regional Planning Council SWFWMD Southwest Florida Water Management District TDC Tourist Development Council WCIND West Coast Inland Navigation District WUP Withdrawal Use Permit WWTP Wastewater Treatment Plant Page 195 Local Government Vocabulary Florida League of Cities Ad valorem tax: A property tax set according to the value of the property. Annexation: Extending a city's boundaries by adding land from adjoining unincorporated territory. Authority: A special-purpose public corporation set up by government to provide a specific function or services, such as hospital care or public housing. Budget: A government's annual financial plan. The budget is based on anticipated revenues and expenditures for a given year. Charter: Similar to a constitution; written and adopted by the citizens. It defines the city's boundaries, form of government and powers. Citizen: A resident of a city, state or nation; a consumer of public services. City: See municipality. Although many people think a city is a large town, in Florida there is no legal difference between towns, villages and cities. City attorney: Represents city in legal matters and gives legal advice concerning city affairs. City clerk: Record keeper for the city. Keeps the official city seal, maintains city council minutes and other records. City council: The governing body of a city. City hall: A city's main government building, usually including the offices for the mayor, the city council members, and a council meeting room. City manager: An official appointed by the city council to administer such city business as hiring, promotions, purchases and finances. Page 196 Code: A set of ordinances arranged by subject matter. Community: May refer to any local area whose residents share common interests. Consolidation: A formal merging of two governments (such as a county and city) that must be approved by the voters of each government. County: A subdivision of the state set up to carry out certain state laws; it also functions as a general-purpose local government. County seat: The area designated by the legislature as the site of a county's government. Florida League of Cities: An organization of Florida member cities dedicated to helping local governments become more innovative, effective and responsive. Grant: Money provided by the state or federal government for local governments projects. Grants are often designated for specific uses or projects. Growth strategies: Planning for future population growth, resource use and development. Homestead exemption: A reduction in property tax for the taxpayer who owns and lives on property being taxed. Home rule: A constitutional provision that allows municipal governments to exercise any power for municipal purposes except when it is expressly prohibited by state law. That is, as long as it is not specifically prohibited by state or federal law, municipal officials may pass any ordinance on behalf of the city. Incorporate: To officially bring a municipality into existence through the passage of an act in the state legislature and a referendum in the proposed municipality. Incorporated area: The land within a municipality. The boundaries are set by the city charter. Infrastructure: The physical framework or facilities of government, such as roads, bridges, buildings and sewer lines. Intergovernmental: Page 197 The relationship between two or more governments or levels of government. Land - use plan: A plan on how land can be used. The plan divides a city or county into zones and specifies the purposes for which land in each zone can be used. License fee: A fee required of a specific business in order to control the effects that the business might have on a community. Local law: A law passed by the state legislature to provide for a specific need in a named county or city. Local option: Allowing citizens of a county or city to vote on whether a particular law or practice will apply in their community. Mayor: An elected municipal official who may, depending upon the charter, have specific duties and responsibilities. Municipality: The legal name in Florida for a city, town or village. Ordinance: A law enacted by a city or county affecting local affairs such as traffic, noise and animal control. Population density: The number of people who live in a specific area, such as a square mile. Privatization: The use of a private business to deliver a government service. Property tax: A tax based on the value of real property (a house or land) on personal property (car or boat). Also known as ad valorem tax. Revenue: A government's income from taxes, grants, fines, fees and licenses. Rural: Areas of the countryside with a low population density and not considered urban as defined by the U.S. Census Bureau. Sanitary landfill: The public facility where solid waste is buried under earth. Suburban: Page 198 • a A heavily populated area near a large city, usually having residential areas and small businesses. Tax: Money that a government levies and collects from people or organizations within its jurisdiction. Taxes are used to pay for government services. Tax digest: The record showing the total taxable value of property in a city or county. Town: See municipality. Although many people think a town is a small city, in Florida there is no legal difference between towns, villages and cities. Unincorporated area: The area of the county not in any city. Area may be rural, agricultural or heavily populated and suburban in nature. Urban: Generally, refers to any city or developed community with a sizeable population. Urban can also refer to a densely settled area that is located next to a city. Urbanized area: Includes a central space and the densely settled urban fringe next to or around it. User fee: A charge made to persons for using a governmental service such as water. Village: See municipality. Although many people think a village is a small town, in Florida there is no legal difference between towns, villages and cities. Zoning: Dividing a community into zones for different types of uses, such as business, residential subdivisions and agriculture. Page 199 City of Venice Budget The budget is the planned overview and allocation of finances available to accomplish the City's goals during the fiscal year. See the Charter section 5.04 for further details regarding the City's budget. The following is an example of the budget timetable. Typical Date Procedures April -May Budgets are prepared by department and division heads May City manager and finance director review department's proposed budgets June City manager presents proposed budget to city council June Workshop meetings take place. City council can make changes, deletions and adjustments to the proposed budget. City council's preference has been not to allow audience participation by anyone other than staff members at workshops. Beginning of City council must set a tentative millage rate for the budget. This July millage rate is advertised on the Truth in Millage (TRIM) notice. The TRIM notice is mailed to all property owners showing how the increases will affect them. This millage rate cannot be raised, but can be lowered during the budget process. September Two public hearings on the budget: First public hearing - proposed budget and millage Prior to adoption of the final budget, two public hearings must be held. They must be held after 5:00 p.m., and are typically held at 5:01 p.m. By this time, the property appraiser has mailed the notice of proposed property taxes to citizens. The notice contains information regarding the date, time and place of this hearing, and of citizens' opportunity to discuss the tentative millage rate and proposed budget. At the first meeting, the proposed millage rate and tentative budget should be read by ordinance and voted upon. Second public hearing - final budget and millage The final millage rate and the fiscal year budget is adopted. The General Fund is the Chief Operating Fund for the City of Venice and is utilized to account for all tax -supported (governmental) activities. General Accepted Accounting Principles (GAAP) prescribe that the general fund is to be used "to account for all financial resources except those required to be accounted for in another fund". It is presumed that all of a government's activities are reported in the general fund unless there is a compelling reason to report that activity in Page 1 101 another fund. The General Fund encompasses the following revenues and expenses of the city: Revenues • Ad Valorem taxes • Franchise Fees • Licenses and Permits • Intergovernmental Revenue • Charges for Services • Fines and Forfeitures • Miscellaneous • Other Revenue • Interest Earnings Expenses • General Government • Public Safety • Physical Environment • Transportation • Culture and Education Page 1 102 4 4 It's Time for Budget 101 by Ken Small (This article is intended to act as a primer for newly elected officials.) The budget process generally begins between February and April, and culminates in September, just prior to October 1, the state -mandated beginning of all local government fiscal years. A budget is the "plan of attack" that sets forth the program priorities and allocation of resources available to accomplish the goals of the municipal government during the upcoming fiscal year. It is developed through the combined efforts of staff, citizens and elected officials. Development of an operating budget generally utilizes one of two approaches: line item budgeting or program budgeting. Line item budgeting, the simplest and most common method, adds next year's proposed increase on top of. the current year's total. This is also called traditional or incremental budgeting. A basic assumption in this budgeting method is that the current level of expenditures is fully justified, and that programs/operations/administration are fully effective and productive. Program budgeting is designed to fund the implementation of goals established by the elected officials. It concentrates on the total cost to achieve the goal. This approach provides opportunities to prioritize and select among competing programs and service alternatives. A common variation of this approach includes performance indicators that measure efficiencies and effectiveness within each program area, which is known as program -performance budgeting. Zero -base budgeting, which received substantial press during the 1970s, is designed to build the annual spending plan from scratch. Programs or services are ranked in priority order on the basis of how effectively and efficiently each accomplishes the municipality's goals and objectives. The lowest ranked may be eliminated, funded at a lower level, or redirected to a program or service that better reflects the stated goals. While this approach appeared sound in theory, it was found not to work effectively in practice, and has all but disappeared today. For example, many of those municipalities that attempted to utilize this approach found that significant areas of the general fund budget, such as police and fire/EMS, were determined off- limits and therefore untouchable under this concept. In addition to the operating budget, municipal officials also will consider a capital budget. A capital budget reflects the fiscal year expenditures required to implement the municipality's capital program. The capital program usually is a 5-year plan outlining in priority order the capital improvements previously determined to be necessary and the method of financing. Examples of capital improvements would include road resurfacing, construction of new fire stations and other similar projects. Once the capital program has been established, projects move forward each year for consideration in the capital budget. Page 1 103 a _1 An important consideration in the budgeting process is the recognition of the additional operating costs associated with the completion of most capital projects. For example, additional personnel costs will be reflected in the operating budget for additional staffing of a new fire station funded in the capital budget. The opposite may be true for new fleet vehicles and equipment that lower operating and maintenance costs. Capital projects may be financed through the issuance of bonds. A bond is evidence of a municipality's obligation to repay a specified amount on a future maturity date, plus interest. General obligation (G.O.) bonds pledge future property tax dollars to repay the debt. Revenue bonds pledge a particular source of revenue, usually generated by the new asset, as a means of repayment. Debt service is the amount of funds required to pay interest on the outstanding bonds, principal on the bonds maturing in the budget year, and sinking fund requirements in the budget year. These costs should be reflected in the operating budget. Some municipalities issue their own bonds, while others enter into a bond pool. The advantage of joining a bond pool is that the cost of issuance is spread among the participants, resulting in a lower cost for the municipality. There are several bond pools in the state, such as the Florida Municipal Loan Council administrated by the Florida League of Cities. The municipal budget document should provide sufficient, meaningful and useful information to elected officials, the general public and municipal staff. A budget document serves various functions. It is: • a policy document • a financial plan • an operations guide • a communications device Together, these define what a municipality has done, what it plans to do and how it will accomplish this task. How well a municipality's budget documents convey these functions to elected officials, the public and other entities is a valid measure or indicator of the municipality's accountability and will ultimately determine the probability of success in securing financial support to accomplish its goals. The Government Finance Officers Association (GFOA) has developed a "Distinguished Budget Presentation Awards Program" that evaluates budget documents on the basis of its management elements and effectiveness in a policy and public environment. The awards program is not intended to convey approval of the substantive material or budgeting methods, but rather, how well the budget document presents information necessary to accomplish four budget functions. Florida municipal governments utilize a variety of revenues to pay for the many services provided to their citizens. Each municipality attempts to balance its revenue sources to produce long-term solvency while utilizing a revenue mix that is Page 1 104 compatible with local circumstances. Depending upon these circumstances, which could include such variables as the federal income tax status of its citizenry or the proportional amount of property tax exemptions in relation to the property tax base, municipal officials conscientiously formulate the mix of revenues to best fund their operations and services. A municipality with many or most residents in higher incomes may wish to structure more revenues being generated from the property tax since it is deductible from the federal income tax. Likewise, a municipality with lower -valued properties and a high value of homestead exempt property may choose to keep its millage rate low, and maximize other non -property tax sources. Municipalities in Florida, by virtue of the state Constitution, have general home rule authority in all areas except taxation. A municipality is allowed discretion to perform any public service or to enact any ordinance unless specifically prohibited by the state. However, when it comes to taxation, municipalities do not have home rule authority. The Constitution requires that municipalities can only levy taxes that the Legislature has specifically authorized by general law, with the exception of the property tax. The property tax is the only local tax source that is authorized by the Constitution, and it is capped at 10 mills. A major component of the budget process is the setting of the ad valorem tax millage rate necessary to raise the required property tax for the upcoming fiscal year. The setting of the property tax rate involves a formal process defined in Chapter 200 of the Florida Statutes. This is commonly referred to as TRIM'(the Truth in Millage Act). The TRIM law requires the advertisement of a local government's proposed millage rate as compared to a theoretical millage rate referred to as the "roll -back rate." This theoretical rate is defined as the millage rate (for the upcoming budget) that would raise the same amount of property tax dollars that was raised in the current fiscal year, excluding annexations and new construction. For example, if the municipality's tax base has increased 5 percent due to increased assessment from the county property appraiser, the municipality's roll -back rate would be 5 percent lower than the current year, assuming no annexations or new construction occurred during the past year. The municipality's property tax is based on the value of real and personal property located within the boundaries of the municipality. These values, in total, are referred to as "assessed value." After subtracting all lawful exemptions including homestead exemptions, the remaining value is called "taxable value." This is also referred to as the municipality's "tax base." The property tax is calculated by multiplying the taxable value by .001, and then multiplying this number by the "millage rate." A rate of one mill is equivalent to $1 per $1,000 of taxable value. For example, if you own your own home, and the property appraiser has set the assessed value at $150,000, the taxable value would be $100,000 after subtracting your $50,000 homestead exemption. If your Page 1 105 municipality's millage rate is 5.0 mills, you would owe $500 in property taxes to the municipality ($100,000 x .001= $100; $100 x 5.0 = $500). Please note that the non -school homestead exemption is on the first $25,000, and the second $25,000 is on the taxable value between $50,000 and $75,000. If the home's taxable value is between $50K and less than $75K, the second additional homestead exemption would only be the amount above $50,000. Example: a home with a taxable value of $60,000 would have a homestead exemption of only $35,000 ($25K + $10K). Other revenues currently available to municipalities are: public service taxes (aka municipal utility tax) on sale of electricity, heating/cooking fuels, and water service; communications services tax; local business tax; various franchise fees; various user fees; state -shared revenues (municipal revenue sharing and half -cent sales tax); local option taxes (gas tax and sales tax); impact fees; investment income; various assessments; and fines and forfeitures. For additional information, depending on the form of government in your particular municipality, the city manager, administrator, finance/budget director, or city clerk can provide you with detailed information about your budget, as well as specific vocabulary and processes associated with the development and adoption of your budget. Another useful source of information designed specifically for newer elected officials is the Institute of Elected Municipal Officials (IEMO), presented by the League and the Florida Institute of Government. There is an excellent budgeting/accounting element that is offered in the basic IEMO class. Ken Small retired as the technical services manager within the League's Financial Services Department and an instructor for the finance and taxation element of the Advanced Institute for Elected Municipal Officials (IEMO), offered by the League and the Florida Institute of Government. Reprinted from Quality Cities May/June 2001 Page 1 106 1 Departmental Functions I encourage you to familiarize yourself with the various departments of the city by touring their facilities and getting to know the employees. The city manager's office will make arrangements for you. City Manager (Charter Officer) The City Manager is appointed by the City Council and serves as the chief executive officer responsible for operations. Primary duties include implementing policies established by the Mayor and Council as well as making recommendations to the City Council regarding the annual budget, efficient delivery of city services, coordination of all special events, community relations and strategies for achieving the community's vision. City Clerk (Charter Officer) As one of three charter officers, the city clerk is appointed by the mayor with the advice and consent of city council. The mission of the city clerk's department is to influence the citizen's perception of municipal government through exemplary service to every citizen of the City of Venice. The city clerk acts as the head of the department of records and custodian of official records of the city. As records custodian the clerk functions as a conduit for all requests for access to official records in all their various formats. The city clerk serves as clerk to the city council, is the recorder of all its official actions, serves as election official, attests all written contracts and instruments on behalf of the city, and administers oaths. The preparation of minutes for most city boards and committees and the administration of the code enforcement board are also among the city clerk's duties. The eminent political scientist, Professor William Bennitt Munro, writing in one of the first text books on municipal administration, stated: "No other office in municipal service has so many contacts. It serves the mayor, the city council, the city manager, and all administrative departments without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience. The public does not realize how many loose ends of city administration this office pulls together." City Attorney (Charter Officer) The city attorney is responsible for all of the city's legal affairs. To successfully perform this role, the city attorney must be knowledgeable in all aspects of municipal and local government law. David Persson of the firm Persson & Cohen, P.A. has been appointed as city attorney for the City of Venice and have served in this capacity for two years. David Jackson and Kelly Fernandez serve as assistant city attorneys. Page 1 107 ,. .0 The city attorney or assistant city attorney attend all city council meetings and meetings of various city boards and commissions. Other responsibilities include the preparation and review of ordinances and resolutions, contract preparation and administration, and representation of the City of Venice in litigation, administrative proceedings, and appellate matters. City Departments Information on each city department, including responsibilities, staffing and goals and objects can be found in the budget book. Page 1 108 Organizational Chart Citizens of Venice City Council Citizen Advisory Boards City Manager i City Clerk ;; City Attorney i Assistant Records Manager Offkm Developmentservices,'. PJ—;nS&2bninff 'I — Coda EIVbrcRffont Finance Deparment wid. AZL*7 Information Tech=4o@y PubrscWoTkS/ drifty MakfterMnCe 'I, A*A,ft—m ftrkr -9XIing said bVasbw HirtDe" Ftesotwues ven-we Municipal Airport AduffnMMive Senfices Enoneed-C UftfjY Fire service Ponce service WoLarNacYattraDan Page 1 109 Administrative Officials and Staff Following is a list of each department and the person responsible for that department Charter Officers: City Manager City Clerk City Attorney Department Heads/Directors/Managers: Administrative Services Alan Bullock, Director Airport Mark Cervasio, Director Building Greg Schneider, Building Official Cashier's Office Carolyn Hart, Customer Services Manager Finance Linda Senne, Director Information Systems Christophe St. Luce, Director City Engineer Kathleen Weeden Fire Shawn Carvey, Chief Historical Resources Harry Klinkhamer, Historical Recourses Manager Jeff Shrum, Development Services Director Lorraine Anderson Tom Mattmuller, Chief James Clinch, Director Teri Krabill, Manager Javier Vargas, Director Edward Lavallee Lori Stelzer Kelly Fernandez Planning & Zoning Public Information Officer Police Public Works Records Utilities Page 1 110 i Compensation Compensation for the mayor and council is contained in Section 2-30 of the Venice Code of Ordinances. Currently the mayor receives $1,000.00 monthly ($12,000/year) and council members receive $850.00 monthly ($10,200/year). Benefits Reimbursement for travel expenses while on official city business is paid according to approved city policy. This policy is delineated in Section 2-39 of the Venice Code of Ordinances and in Resolution No. 2016-10. Direct deposit of payroll checks can be arranged to almost any financial institution where you may have a checking or savings account. A life insurance policy in the amount of $10,000 (City Council) and $12,000 (Mayor) is provided with the cost to be paid by the city. The city also provides short and long-term disability insurance at no cost. Group health and dependent insurance are available. Coverage is through the city's self -insured health plan. There is also an optional benefit plan available. This includes vision, dental, and supplemental life insurance, as well as other pre-tax products and accounts which may be of interest to you. All plans can be handled through payroll deduction. The administrative services department will meet with you and handle your initial paperwork. Contact them to make an appointment. You will automatically be enrolled in the Florida Retirement System as a city employee. The city contributes a percentage of your earnings toward that plan. You must obtain a photo I.D. card from the information systems department (IT) for identification purposes and access to the building. Page 1 112 The Office of the City Clerk The city clerk's duties are many and varied, but one of her most important tasks is to be a link between the city council and their constituency. This is accomplished by assisting the council member with requests for information, answering telephone and written inquiries, keeping council apprised of pertinent issues, maintaining a council calendar, distributing daily mail, and scheduling appointments. To assist you in your knowledge of the clerk's functions, the following is a breakdown of the city clerk's general and statutory duties. General Duties These duties are those historically performed in support of the city council and city administration: ■ Provide for records and information management, including record indexing and retention scheduling ■ Maintain all city agreements and contracts ■ Coordinate requests to vacate right-of-ways or easements ■ Direct complaints, correspondence and inquiries for action ■ Research records ■ Provide notary service ■ Conduct business with other city, county, state and federal agencies as directed by the governing body ■ Conduct city elections ■ Provide notification to municipal departments of expiration dates on various matters ■ Maintain codification of city ordinances (Code of Ordinance Book) Statutory Duties Various state laws or local ordinances require the following duties of the city clerk: ■ Secretary to the council ■ Records minutes of council, boards, and committees ■ Handle municipal correspondence, both incoming and outgoing ■ Process, record, file and advertise ordinances and resolutions ■ Advertise and file the municipal budget ■ Perform liaison work between the public and council ■ Administer and record oaths of office ■ Maintain custody of official records ■ Secretary to the municipal corporation ■ Maintain custody of the municipal seal ■ Sign official documents ■ Maintain receipt of any and all petitions, initiative or otherwise ■ Responsible for municipal elections Please feel free to come in or call the Clerk's office anytime. We are here to serve you! Page 1 113 Village of Biscayne Park 640 NE 114th Street Biscayne Park, FL 33161 Tel: 305 899 8000 Fax: 305 891 7241 www.biscayneparkfi.gov November 08, 2018 Dear Commissioner; Congratulations and welcome to the Village of Biscayne Park Commission. Your Village Administration is committed to constantly working towards enhancing communications and providing documents and materials to better inform you on policies, procedures and overall information regarding the Village of Biscayne Park. This orientation package is a first and we will continue to enhance this procedure to ensure our newly elected officials are as informed as possible. Additionally these documents will also serve as a refresher for our other commissioners that were not up for re-election and or were re- elected. The combination of having met with the newly elected officials and the preparation of this orientation package followed by the upcoming workshop are steps towards achieving a solid foundation and developing a productive and positive working environment, a benefit to all of us and the residents we serve. I look forward to working together with each and every one of you and more importantly coming together as a group knowing that we have challenges to overcome, goals to meet and expectations to exceed. All of the above can be achieved with commitment, courage and communication. It is my honor and a privilege to work with you and serve as your Village Manager. Respectfully, Krishan Manners Village Manager Village of Biscayne Park El ii r T TABLE OF CONTENTS About our Village / Accomplishments Government Structure Organization Chart Policy Formation Legislative Actions Role of Commissioners Duties of Commissioners Commission Meeting Procedures Resident Concerns Relationship of Commission to Manager Relationship of Commission to Attorney Quasi -Judicial Proceedings Sunshine Law/Public Records Shade Sessions and Open Meetings Voting Conflicts by Elected Officials Standards of Conduct Information Flow / Types of Reports 2 3 4 6 7 7 8 8 9 9 9 10 10 12 16 18 20 26 ABOUT OUR VILLAGE Biscayne Park is governed by a commission -manager form of government, combining the political leadership of its elected officials with the executive experience of its Village Manager. The Village Commission is committed to providing quality municipal services. The Village's operating departments include the Office of the Village Manager, Village Clerk's Office, Legal, Police, Finance, Building, Code Enforcement, Public Works, and Parks & Recreation. • The current population is 3,055 • The number of properties/residences is approximately 1,650 • The number of registered voters is 1,837 • The Village is less than 1 square mile bordered on the north by 121 st Street, on the south by 107th Street, on the east by 11th Place and on the west by Griffing Boulevard • The Village is 100% residential with only 1 religious institution ACCOMPLISHMENTS • Highly visible Police Department, Low Crime Rate — 11 sworn officers, 6 Reserve Officers • Full Service Public Works Department providing weekly garbage, trash and recycling service • Parks & Recreation Department offering services and programs for all ages • Lush medians and canopy, deserving of Tree City USA status • Stormwater drainage enhancements and road improvements 3 GOVERNMENT STRUCTURE The Commission -Manager form of government is based on the premise that the responsibility for policy rests with the Village Commission and the responsibility for daily administration and execution of policy rests with the Village Manager. Mavor/Villane Commission The Village Commission is the governing body of the Village and is comprised of five members including the Mayor who is selected by the Commission. The Commissioners each receive a salary of $2,000/year. The Mayor receives $4,000/year. The Village Commission is responsible for adopting policies of the Village, considering and adopting Ordinances and Resolutions and approving the Annual Operations Budget and Capital Improvements. In addition, the Village Commission approves all formal bids, contracts, special exceptions, land use amendments and variances to the Land Development Regulations. The Mayor presides at all commission meetings and acts as head of the Village government for ceremonial purposes such as the execution of official proclamations and Village Ordinances and Resolutions and acts as the Village Official designated to represent the Village in all dealings with other governmental entities. The Mayor is a voting member of the Village Commission and has no administrative responsibilities. The Vice Mayor acts as Mayor during the Mayor's absence. The Vice Mayor is selected by the Commission every six months on a rotating basis. The Village Commission meets the first Tuesday of each month for its regular commission meeting. In order to uphold the integrity of the Commission/Manager form of government, the Charter specifically prohibits the Mayor and members of the Commission from becoming directly involved in the administrative affairs of the Village. Section 4.02 Prohibitions of the Village Charter states the following: Section 4.02. - Pro hibiti no s (A) rk �4—pointments and removals. Neither the Commission nor any of its members shall interfere With the Manager's decision to appointor remove -any Village administrative officer or employee. However, the Commission may express its views and fully and freely discuss the appointment or removal of such officer or employee with the Manager.! Interference with administration W. is the express intent of this Charter that individual Commissioners make an acommendations for improvement in Village operations to the Manager only 1dividual Commissioners may discuss anv matter of Village business with th 4 .(C) (3) -- - - — - ----- .-.__.._._ Manager but are strictly prohibited from directing or otherwise ordering the Manager to take any particular action., Except for the purpose of inquiries and investigations made in good faith, the Commission and its members shall deal with Village officers and employee_ s who are subordinate to the Manager solely through the Manager. Neither the Commission nor its members shall give orders directly to any such officer or employee, either publicly or privately.' Any willful violation of this Section by any member of the Commission shall be grounds for removal from office by an action brought by the State Attorney of Miami Dade County) HoldingCo miss __.�.yr.....,_.___ an - p . Y,., ,q w. Pp.,.. official of the' Holding other office. A Commissioner shall not be an em to ee or a ointed official Village while serving his/her term of office. A former Commissioner shall not become an ;employee or compensated appointed official of the Village until one (1) year:after leaving office.' Village Manager The Village Manager is appointed by the Commission for an indefinite term and acts as the Chief Administrative Officer of the Village's governmental organization. The Village Charter lists the duties and responsibilities of the Village Manager. The Manager directs the functions of the Village operations through several major departments and provides recommendations to the Village Commission on policy issues. He/She is empowered to hire and remove all Village employees except the Village Attorney. Other important functions include the preparation of the Annual Budget, Capital Improvements Program, implementation of Village Policy, overseeing purchasing activities, and responding to resident issues, concerns or questions. As the Village's Chief Executive, the Manager is responsible for the ongoing daily activities of the Village. The Village Manager is subject to a professional code of ethics from the ICMA professional association. 5 . t Village Clerk Administrative Clerk apt DI.SCr1/� AlORtDQ' .: ,�s �0 •' � i, i �, ice` r Chief of Police Commander of Police Corporal Police Police Officers (8 full time) Police Officers (4 Part time) Police Clerk (Part time) Reserve Police Officers (20) Village Residents --I Village Commission -- Village Manager Finance Outsourced Village Attorney Parks & Rec. Manager Coordinators es Part time) Building Technician Code Compliance Supervisor Code Compliance Officer Proudly Serving the Village of Biscayne Park Public Services Manager Public Services Assist.Manager Road Supervisor Laborers (4 Full time) November 2018 POLICY FORMATION 1. Individual Commission members propose legislation, government program or policy. 2. Discuss proposal with Village Manager to determine initial pros and cons and financial implications 3. Place on Village Commission agenda as "discussion item" to obtain approval of the concept by a majority of the Commission, 4. Legislation is prepared by Village Administration and/or Village Attorney for presentation at Commission meeting. LEGISLATIVE ACTIONS I. ORDINANCES An Ordinance is a law enacted by the Village Commission, prescribing a general and lasting rule for persons or things within the Village boundaries. It is the most authoritative act of which the Commission is responsible for and is usually reserved for cases involving long term policy. Some examples are the Land Development Regulations, Budget, adoption of revenue sources and regulation of business. Adoption of Ordinance 1. Presentation to Village Commission 2. First reading at Commission meeting 3. Second reading at the next meeting requires a public hearing to obtain resident input and publication in a newspaper of general circulation. 4. Upon passage and execution by the Mayor, the ordinance, unless a budgetary matter, is codified and placed in the Code of Ordinances. 5. Implementation by the Village Administration. II. RESOLUTIONS Resolutions are commonly used for administrative items such as authorizing the Village Manager to execute contracts and agreements, authorizing budget amendments, expressing public positions, and approving zoning matters. Ill. MOTIONS Motions are used to direct the Administration to take certain action or review and report. IV. DISCUSSION ITEMS 7 Discussion items are placed on the Agenda by a Commissioner to discuss an issue with the entire Village Commission for further action. ROLE OF COMMISSIONERS A. DUTIES OF COMMISSIONERS An individual assumes many duties and responsibilities upon becoming an elected official. The Village Commission collectively is responsible for establishing policy, adopting the Village's Budget and providing direction to the Village Administration. Commissioners provide public leadership, represent the Village at various events and communicate with constituents about various ideas. The following outline is a brief description of the various duties and role of a Commissioner. The description is not meant to be exhaustive; rather, an effort has been made to summarize the primary responsibilities of a Commissioner. I. Establish Policy A. Approves the Operating and Capital Improvement Program Budgets upon presentation by the Village Manager. B. Approves the Village's Comprehensive Plan C. Approves Land Use Plan, Land Development Regulations, Zoning and/or Land Use revisions. D. Approves the awarding of contracts based on formal bid process and Village Ordinance. E. Approves contracts and/or Agreements. F. Makes appointments to the various Boards of the Village. G. Approves Ordinance and resolutions establishing law and policies. II. Direction to Administration A. Hires Village Manager and Village Attorney B. Provides direction to Village Manager and Village Attorney C. Reports complaints and/or requests for information to the Village Manager and follow-up if necessary. III. Provide Public Leadership A. Making decisions B. Studies problems C. Reviews alternatives and recommendations D. Decides on best course of action E. Attends various Village functions IV. Represents Village A. Florida League of Cities B. Miami Dade County League of Cities B. COMMISSION MEETING PROCEDURES 1. Any member of the Village Commission or the Village Manager may place items on the Agenda. Agenda items must be provided to the Village Manager at least eight (8) days prior to the date of the regular commission meeting. All items on the Agenda shall contain back-up information in the form of a memorandum in order to outline what kind of action is proposed. 2. The Commission Meeting Agenda package is available to the Village Commission at Village Hall by end of business the Thursday before the meeting. 3. The members of the Village Commission should attempt to resolve any questions they may have about Agenda items with the Village Manager prior to the meeting in order to obtain the necessary information for their decision -making procets and maintain a smooth meeting. All requests for the information relating to items that appear on the Agenda should be directed to the Village Manager. 4. Those items that do not require a public hearing or are administrative in nature (i.e., contracts, resolutions) are normally placed on the Consent Agenda, which is voted on as one item. Any member of the Commission may remove an item from the Consent Agenda in order to discuss and vote on it as a separate issue. Requests for removal should be directed to the Mayor at the beginning of consideration of the Consent Agenda. Please refer to the following resolutions provided in this orientation packet: Resolution 2010-5: Establishing a timeline for agenda items Resolution 2011-13: Consent Agenda C. RESIDENT CONCERNS The Village Manager's Office is committed to providing efficient service to its residents. This commitment is also the responsibility of the entire Administration. In order to provide the best possible services to the community, the Village reacts promptly to a variety of service requests. These include requests that are phoned into the Village Manager's Office, sent by e-mail, or through the Village's website. Commissioners should contact the Village Manager directly about a resident's concern. The Village Manager will investigate the issue, follow up and report to the Commissioner and resident who had the concern. Please try to be specific in the information that is provided to the Village Manager. D. RELATIONSHIP OF COMMISSION TO MANAGER The Village Manager is appointed by the Village Commission to enforce its laws, to direct the daily operations of Village government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the Village Commission. The Village Manager .is responsible to the Village Commission rather than to individual Commission members, and directs and coordinates the various departments. The employment relationship between the Village Commission and Village Manager honors the fact that the Village Manager is the Chief Executive Officer of the Village. The Village Commission should avoid situations that can result in Village staff being directed, intentionally or unintentionally, by any member of the Village Commission. Regular communication between the Village Commission and Village Manager is important in maintaining open communications. All dealings with the Village Manager, whether in public or private, should respect the authority of the Village Manager in administrative matters. The Village Commission is to evaluate the Village Manager on an annual basis to ensure that both the Village Commission and Village Manager are in agreement about performance and goals based on mutual trust and common objectives. As in any professional relationship, it is important that the Village Manager keep the Village Commission informed. The Village Manager respects and is sensitive to the political responsibility of the Village Commission and acknowledges that the final responsibility for establishing the policy direction of the Village is held by the Village Commission. The Village Manager communicates with the Village Commission in various ways. There is a formalized approach by holding briefing meetings with individual Commission members ("one on one" meetings) and through "For Your Information". Communication must be undertaken in such a way that all Commission members are treated similarly and kept equally informed. E. RELATIONSHIP OF COMMISSION TO ATTORNEY The Village Attorney is appointed by the Commission for an indefinite term and is the legal advisor for the Village Commission, Village Manager and department directors. The Village Charter lists the duties and responsibilities of the Village Attorney. The general responsibilities of the Village Attorney are: • Provide legal assistance necessary for formulation and implementation of legislative policies and projects • Represent the Village's interests, as determined by the Village Commission, in litigation, administrative hearings, negotiations and similar proceedings • Prepare ordinances, resolutions, contracts and other legal documents. • Keep the Village Commission and staff apprised of court rulings and legislation affecting the legal interests of the Village. It is important to note that the Village Attorney does not represent individual members of the Commission, but the Village Commission as a whole. F. QUASI-JUDICIAL PROCEEDINGS § 286.0115, Florida Statutes, is the law enacted by the state legislature that was created in response to the Jennings v. Dade County Decision. In Jennings, the court found that if prejudice is shown in a quasi-judicial proceeding (ordinarily a zoning proceeding or a code 10 enforcement special master hearing) due to contacts from the community, outside the public hearing process, the zoning decision could be unraveled. As such, the state legislature created a process to allow access to local public officials; quasi-judicial proceedings on local government land use matters. Below are the provisions of the law. (1) (a) A county or municipality may adopt an ordinance or resolution removing the presumption of prejudice from ex parte communications with local public officials by establishing a process to disclose ex parte communications with such officials pursuant to this subsection or by adopting an alternative process for such disclosure. However, this subsection does not require a county or municipality to adopt any ordinance or resolution establishing a disclosure process. (b) As used in this subsection, the term "local public official" means any elected or appointed public official holding a county or municipal office Mho recommends or takes quasi-judicial action as a member of a board or commission. The term does not include a member of the board or commission of any state agency or authority. (c) Any person not otherwise prohibited by statute, charter provision, or ordinance may discuss with any local public official the merits of any matter on which action may be taken by any board or commission on which the local public official is a member. If adopted by county or municipal ordinance or resolution, adherence to the following procedures shall remove the presumption of prejudice arising from ex parte communications with local public officials. 1. The substance of any ex parte communication with a local public official which relates to quasi-judicial action pending before the official is not presumed prejudicial to the action if the subject of the communication and the identity of the person, group, or entity with whom the communication took place is disclosed and made a part of the record before final action on the matter. 2. A local public official may read a written communication from any person. However, a written communication that relates to quasi-judicial action pending before a local public official shall not be presumed prejudicial to the action, and such written communication shall be made a part of the record before final action on the matter. 3. Local public officials may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is made a part of the record before final action on the matter. 4. Disclosure made pursuant to subparagraphs 1., 2., and 3. must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the communication. This subsection does not subject local public officials to part III of chapter 112 for not complying with this paragraph. (2) (a) Notwithstanding the provisions of subsection (1), a county or municipality may adopt an ordinance or resolution establishing the procedures and provisions of this subsection for quasi- judicial proceedings on local government land use matters. The ordinance or resolution shall provide procedures and provisions identical to this subsection. However, this subsection does not require a county or municipality to adopt such an ordinance or resolution. (b) In a quasi-judicial proceeding on local government land use matters, a person who 11 appears before the decision making body who is not a party or party -intervenor shall be allowed to testify before the decision -making body, subject to control by the decision making body, and may be requested to respond to questions from the decision -making body, but need not be sworn as a witness, is not required to be subject to cross-examination, and is not required to be qualified as an expert witness. The decision making body shall assign weight and credibility to such testimony as it deems appropriate. A party or party -intervenor in a quasi-judicial proceeding on local government land use matters, upon request by another party or party -intervenor, shall be sworn as a witness, shall be subject to cross-examination by other parties or party -intervenors, and shall be required to be qualified as an expert witness, as appropriate. (c) In a quasi-judicial proceeding on local government land use matters, a person may not be precluded from communicating directly with a member of the decision -making body by application of ex parte communication prohibitions. Disclosure of such communications by a member of the decision making body is not required, and such nondisclosure shall not be presumed prejudicial to the decision of the decision making body. All decisions of the decision - making body in a quasi-judicial proceeding on local government land use matters must be supported by substantial, competent evidence in the record pertinent to the proceeding, irrespective of such communications. (3) This section does not restrict the authority of any board or commission to establish rules or procedures governing public hearings or contacts with local public officials. G. SUNSHINE LAW / PUBLIC RECORDS What is the Sunshine Law? Florida's Government -in -the -Sunshine law provides a right of access to governmental proceedings at both the state and local levels. It applies to any gathering of two or more members of the same board to discuss some matter which will foresee ably come before that board for action. There is also a constitutionally guaranteed right of access. Virtually all state and local collegial public bodies are covered by the open meetings requirements with the exception of the judiciary and the state Legislature which has its own constitutional provision relating to access. • What are the requirements of the Sunshine law? The Sunshine law requires that 1) meetings of boards or commissions must be open to the public; 2) reasonable notice of such meetings must be given, and 3) minutes of the meeting must be taken. What agencies are covered under the Sunshine Law? The Government -in -the -Sunshine Law applies to "any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision." Thus, it applies to public collegial bodies within the state at both the local as well as state level. It applies equally to elected or appointed boards or commissions. 12 • Are federal agencies covered by the Sunshine Law? Federal agencies operating in the state do not come under Florida's Sunshine law. Does the Sunshine Law apply to the Legislature? Florida's Constitution provides that meetings of the Legislature be open and noticed except those specifically exempted by the Legislature or specifically closed by the Constitution. Each house is responsible through its rules of procedures for interpreting, implementing and enforcing these provisions. Information on the rules governing openness in the Legislature can be obtained from the respective houses. • Does the Sunshine Law apply to members -elect? Members -elect of public boards or commissions are covered by the Sunshine law immediately upon their election to public office. What qualifies as a meeting? The Sunshine law applies to all discussions or deliberations as well as the formal action taken by a board or commission. The law, in essence, is applicable to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission. There is no requirement that a quorum be present for a meeting to be covered under the law. Can a public agency hold closed meetings? There are a limited number of exemptions which would allow a public agency to close a meeting. These include, but are not limited to, certain discussions with the board's attorney over pending litigation and portions of collective bargaining sessions. In addition, specific portions of meetings of some agencies (usually state agencies) may be closed when those agencies are making probable cause determinations or considering confidential records. • Does the law require that a public meeting be audio taped? There is no requirement under the Sunshine law that tape recordings be made by a public board or commission, but if they are made, they become public records. Can a city restrict a citizen's right to speak at a meeting? Public agencies are allowed to adopt reasonable rules and regulations which ensure the orderly conduct of a public meeting and which require orderly behavior on the part of the public attending. This includes limiting the amount of time an individual can speak and, when a large number of people attend and wish to speak, requesting that a representative of each side of the issue speak rather than everyone present. 13 • As a private citizen, can I videotape a public meeting? A public board may not prohibit a citizen from videotaping a public meeting through the use of nondisruptive video recording devices. • Can a board vote by secret ballot? The Sunshine law requires that meetings of public boards or commissions be 'open to the public at all times." Thus, use of preassigned numbers, codes or secret ballots would violate the law. Can two members of a public board attend social functions together? Members of a public board are not prohibited under the Sunshine law from meeting together socially, provided that matters which may come before the board are not discussed at such gatherings. What is a public record? The Florida Supreme Court has determined that public records are all materials made or received by an agency in connection with official business which are used to perpetuate, communicate or formalize knowledge. They are not limited to traditional written documents. Tapes, photographs, films and sound recordings are also considered public records subject to inspection unless a statutory exemption exists. Can I request public documents over the telephone and do I have to tell why I want them? Nothing in the public records law requires that a request for public records be in writing or in person, although individuals may wish to make their request in writing to ensure they have an accurate record of what they requested. Unless otherwise exempted, a custodian of public records must honor a request for records, whether it is made in person, over the telephone, or in writing, provided the required fees are paid. In addition, nothing in the law requires the requestor to disclose the reason for the request. How much can an agency charge for public documents? The law provides that the custodian shall furnish a copy of public records upon payment of the fee prescribed by law. If no fee is prescribed, an agency is normally allowed to charge up to 15 cents per one-sided copy for copies that are 14" x 8 1/2" or less. A charge of up to $1 per copy may be assessed for a certified copy of a public record. If the nature and volume of the records to be copied requires extensive use of information technology resources or extensive clerical or supervisory assistance, or both, the agency may charge a reasonable service charge based on the actual cost incurred. 14 • Does an agency have to explain why it denies access to public records? A custodian of a public record who contends that the record or part of a record is exempt from inspection must state the basis for that exemption, including the statutory citation. Additionally, when asked, the custodian must state in writing the reasons for concluding the record is exempt. • When does a document sent to a public agency become a public document? As soon as a document is received by a public agency, it becomes a public record, unless there is a legislatively created exemption which makes it confidential and not subject to disclosure. Are public employee personnel records considered public records? The rule on personnel records is the same as for other public documents ... unless the Legislature has specifically exempted an agency's personnel records or authorized the agency to adopt rules limiting public access to the records, personnel records are open to public inspection. There are, however, numerous statutory exemptions that apply to personnel records. • Can an agency refuse to allow public records to be inspected or copied if requested to do so by the maker or sender of the documents? No. To allow the maker or sender of documents to dictate the circumstances under which documents are deemed confidential would permit private parties instead of the Legislature to determine which public records are public and which are not. • Are arrest records public documents? Arrest reports prepared by a law enforcement agency after the arrest of a subject are generally considered to be open for public inspection. At the same time, however, certain information such as the identity of a sexual battery victim is exempt. Is an agency required to give out information from public records or produce public records in a particular form as requested by an individual? The Sunshine Law provides for a right of access to inspect and copy existing public records. It does not mandate that the custodian give out information from the records nor does it mandate that an agency create new records to accommodate a request for information. • What agency can prosecute violators? The local state attorney has the statutory authority to prosecute alleged criminal violations of the open meetings and public records law. Certain civil remedies are also available. 15 What is the difference between the Sunshine Amendment and the Sunshine Law? The Sunshine Amendment was added to Florida's Constitution in 1976 and provides for full and public disclosure of the financial interests of all public officers, candidates and employees. The Sunshine Law provides for open meetings for governmental boards How can I find out more about the open meetings and public records laws? Probably the most comprehensive guide to understanding the requirements and exemptions to Florida's open government laws is the Government -in -the -Sunshine manual compiled by the Attorney General's Office. The manual is updated each year and is available for purchase through the First Amendment Foundation in Tallahassee. For information on obtaining a copy, contact the First Amendment Foundation at (850) 224-4555. Florida is renowned for putting a high priority on the public's right of access to governmental meetings and records. In fact, the principles of open government are embodied not only in Florida statutes, but also guaranteed in the state Constitution. Florida began its tradition of openness back in 1909 with the passage of what has come to be known as the "Public Records Law," Chapter 119 of the Florida Statutes. This law provides that any records made or received by any public agency in the course of its official business are available for inspection, unless specifically exempted by the Legislature. Over the years, the definition of what constitutes "public records" has come to include not just traditional written documents such as papers, maps and books, but also tapes, photographs, film, sound recordings and records stored in computers. It was in 1967 that Florida's Government -in -the -Sunshine Law was enacted. Today the Sunshine Law can be found in Chapter 286 of the Florida Statutes. The Sunshine Law establishes a basic right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies or authorities. Throughout the history of Florida's open government, its courts have consistently supported the public's right of access to governmental meetings and records. As such, they also have been defining and redefining what a public record is and who is covered under the open meeting law. One area of public concern was whether or not the Legislature was covered under the open meetings requirements. To address that concern, a Constitutional amendment was passed overwhelmingly by the voters in 1990 providing for open meetings in the legislative branch of government. H. SHADE SESSIONS AND OPEN MEETINGS Shade Sessions and open meetings are regulated by section 286.011, Florida Statutes. Below is a copy of the statute so that all relevant information is provided. Violations of the statute can result in fines and misdemeanor charges. 16 § 286.011. Public meetings and records; public inspection; criminal and ,civil penalties (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3) (a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $ 500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or S. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic 17 status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. (8) [Shade Session requirements]Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (d) The entity shall give reasonable public notice of the time and date of the attorney -client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney -client session and the names of the persons attending. At the conclusion of the attorney -client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. I. STATE LAW AS TO VOTING CONFLICTS BY ELECTED OFFICIALS § 112.3143, Florida Statutes entitled "Voting conflicts" (1) As used in this section: (a) "Public officer" includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body. (b) "Relative" means any father, mother, son, daughter, husband, wife, brother, sister, father- in-law, mother-in-law, son-in-law, or daughter-in-law. (2) No state public officer is prohibited from voting in an official capacity on any matter. However, any state public officer voting in an official capacity upon any measure which would inure to the officer's special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom the officer is retained or to the parent organization or subsidiary of a corporate principal by which the officer is retained; or which the officer knows would inure to the special private gain or loss of a relative or business associate of the public officer shall, within 15 days after the vote occurs, disclose the nature of his or her 18 interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. (3) (a) No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained, other than an agency as defined in s. 112.312(2); or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer. Such public officer shall, prior to the vote being taken, publicly state to the assembly the nature of the officer's interest in the matter from which he or she is abstaining from voting and, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. (b) However, a commissioner of a community' redevelopment agency created or designated pursuant to s. 163.356 or s. 163.357, or an officer of an independent special tax district elected on a one -acre, one -vote basis, is not prohibited from voting, when voting in said capacity. (4) No appointed public officer shall participate in any matter which would inure to the officer's special private gain or loss; which the officer knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained; or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer, without first disclosing the nature of his or her interest in the matter. (a) Such disclosure, indicating the nature of the conflict, shall be made in a written memorandum filed with the person responsible for recording the minutes of the meeting, prior to the meeting in which consideration of the matter will take place, and shall be incorporated into the minutes. Any such memorandum shall become a public record upon filing, shall immediately be provided to the other members of the agency, and shall be read publicly at the next meeting held subsequent to the filing of this written memorandum. (b) In the event that disclosure has not been made prior to the meeting or that any conflict is unknown prior to the meeting, the disclosure shall be made orally at the meeting when it becomes known that a conflict exists. A written memorandum disclosing the nature of the conflict shall then be filed within 15 days after the oral disclosure with the person responsible for recording the minutes of the meeting and shall be incorporated into the minutes of the meeting at which the oral disclosure was made. Any such memorandum shall become a public record upon filing, shall immediately be provided to the other members of the agency, and shall be read publicly at the next meeting held subsequent to the filing of this written memorandum. (c) For purposes of this subsection, the term "participate" means any attempt to influence the decision by oral or written communication, whether made by the officer or at the officer's direction. (5) Whenever a public officer or former public officer is being considered for appointment or reappointment to public office, the appointing body shall consider the number and nature of the memoranda of conflict previously filed under this section by said officer. 19 J. STANDARDS OF -CONDUCT FOR PUBLIC OFFICERS, EMPLOYEES OF AGENCIES, AND LOCAL GOVERNMENT ATTORNEYS § 112.313. (1) Definition. --As used in this section, unless the context otherwise requires, the term "public officer" includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body. (2) Solicitation or acceptance of gifts. --No public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby. (3) Doing business with one's agency. --No employee of an agency acting in his or her official capacity as a purchasing agent, or public officer acting in his or her official - capacity, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for his or her own agency from any business entity of which the officer or employee or the officer's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. Nor shall a public officer or employee, acting in a private capacity, rent, lease, or sell any realty, goods, or services to the officer's or employee's own agency, if he or she is a state officer or employee, or to any political subdivision or any agency thereof, if he or she is serving as an officer or employee of that political subdivision. The foregoing shall not apply to district offices maintained by legislators when such offices are located in the legislator's place of business or when such offices are on property wholly or partially owned by the legislator. This subsection shall not affect or be construed to prohibit contracts entered into prior to: (a) October 1, 1975. (b) Qualification for elective office. (c) Appointment to public office. (d) Beginning public employment. (4) Unauthorized compensation. --No public officer, employee of an agency, or local government attorney or his or her spouse or minor child shall, at any time, accept any compensation, payment, or thing of value when such public officer, employee, or local government attorney knows, or, with the exercise of reasonable care, should know, that it was given to influence a vote or other action in which the officer, employee, or local government attorney was expected to participate in his or her official capacity. (5) Salary and expenses. --No public officer shall be prohibited from voting on a matter affecting his or her salary, expenses, or other compensation as a public officer, as provided by law. No local government attorney shall be prevented from considering any matter affecting his or her salary, expenses, or other compensation as the local government attorney, as provided by law. 20 (6) Misuse of public position. --No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed to conflict with s. 104.31. (7) Conflicting employment or contractual relationship. (a) No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties. 1. When the agency referred to is that certain kind of special tax district created by general or special law and is limited specifically to constructing, maintaining, managing, and financing improvements in the land area over which the agency has jurisdiction, or when the agency has been organized pursuant to chapter 298, then employment with, or entering into a contractual relationship with, such business entity by a public officer or employee of such agency shall not be prohibited by this subsection or be deemed a conflict per se. However, conduct by such officer or employee that is prohibited by, or otherwise frustrates the intent of, this section shall be deemed a conflict of interest in violation of the standards of conduct set forth by this section. 2. When the agency referred to is a legislative body and the regulatory power over the business entity resides in another agency, or when the regulatory power which the legislative body exercises over the business entity or agency is strictly through the enactment of laws or ordinances, then employment or a contractual relationship with such business entity by a public officer or employee of a legislative body shall not be prohibited by this subsection or be deemed a conflict. (b) This subsection shall not prohibit a public officer or employee from practicing in a particular profession or occupation when such practice by persons holding such public office or employment is required or permitted by law or ordinance. (8) Disclosure or use of certain information. --A current or former public officer, employee of an agency, or local government attorney may not disclose or use information not available to members of the general public and gained by reason of his or her official position, except for information relating exclusively to governmental practices, for his or her personal gain or benefit or for the personal gain or benefit of any other person or business entity. (9) Postemployment restrictions; standards of conduct for legislators and legislative employees.. (a) 1. It is the intent of the Legislature to implement by statute the provisions of s. 8(e), Art. II of the State Constitution relating to legislators, statewide elected officers, appointed state officers, and designated public employees. 21 2. As used in this paragraph: a. "Employee" means: (1) Any person employed in the executive or legislative branch of government holding a position in the Senior Management Service as defined in s. 110.402 or any person holding a position in the Selected Exempt Service as defined in s. 110.602 or any person having authority over policy or procurement employed by the Department of the Lottery. (II) The Auditor General, the director of the Office of Program Policy Analysis and Government Accountability, the Sergeant at Arms and Secretary of the Senate, and the Sergeant at Arms and Clerk of the House of Representatives. (III) The executive director and deputy executive director of the Commission on Ethics. (IV) An executive director, staff director, or deputy staff director of each joint committee, standing committee, or select committee of the Legislature; an executive director, staff director, executive assistant, analyst, or attorney of the Office of the President of the Senate, the Office of the Speaker of the House of Representatives, the Senate Majority Party Office, Senate Minority Party Office, House Majority Party Office, or House Minority Party Office; or any person, hired on a contractual basis, having the power normally conferred upon such persons, by whatever title. (V) The Chancellor and Vice Chancellors of the State University System; the general counsel to the Board of Governors of the State University System; and the president, provost, vice presidents, and deans of each state university. (VI) Any person, including an other -personal -services employee, having the power normally conferred upon the positions referenced in this sub -subparagraph. b. "Appointed state officer" means any member of an appointive board, commission, committee, council, or authority of the executive or legislative branch of state government whose powers, jurisdiction, and authority are not solely advisory and include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relative to its internal operations. c. "State agency" means an entity of the legislative, executive, or judicial branch of state government over which the Legislature exercises plenary budgetary and statutory control. 3. No member of the Legislature, appointed state officer, or statewide elected officer shall personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or member for a period of 2 years following vacation of office. No member of the Legislature shall personally represent another person or entity for compensation during his or her term of office before any state agency other than judicial tribunals or in settlement negotiations after the filing of a lawsuit. 4. An agency employee, including an agency employee who was employed on July 1, 2001, in a Career Service System position that was transferred to the Selected Exempt Service System under chapter 2001-43, Laws of Florida, may not personally represent another person or entity for compensation before the agency with which he or she was employed for a period of 2 years following vacation of position, unless employed by another agency of state government. 22 5. Any person violating this paragraph shall be subject to the penalties provided in s. 112.317 and a civil penalty of an amount equal to the compensation which the person receives for the prohibited conduct. 6. This paragraph is not applicable to: a. A person employed by the Legislature or other agency prior to July 1, 1989; b. A person who was employed by the Legislature or other agency on July 1, 1989, whether or not the person was a defined employee on July 1, 1989; c. A person who was a defined employee of the State University System or the Public Service Commission who held such employment on December 31, 1994; d. A person who has reached normal retirement age as defined in s. 121.021(29), and who has retired under the provisions of chapter 121 by July 1, 1991; or e. Any appointed state officer whose term of office began before January 1, 1995, unless reappointed to that office on or after January 1, 1995. (b) In addition to the provisions of this part which are applicable to legislators and legislative employees by virtue of their being public officers or employees, the conduct of members of the Legislature and legislative employees shall be governed by the ethical standards provided in the respective rules of the Senate or House of Representatives which are not in conflict herewith. (10) Employees holding office. (a) No employee of a state agency or of a county, municipality, special taxing district, or other political subdivision of the state shall hold office as a member of the governing board, council, commission, or authority, by whatever name known, which is his or her employer while, at the same time, continuing as an employee of such employer. (b) The provisions of this subsection shall not apply to any person holding office in violation of such provisions on the effective date of this act. However, such a person shall surrender his or her conflicting employment prior to seeking reelection or accepting reappointment to office. (11) Professional and occupational licensing board members. --No officer, director, or administrator of a Florida state, county, or regional professional or occupational organization or association, while holding such position, shall be eligible to serve as a member of a state examining or licensing board for the profession or occupation. (12) Exemption. --The requirements of subsections (3) and (7) as they pertain to persons serving on advisory boards may be waived in a particular instance by the body which appointed the person to the advisory board, upon a full disclosure of the transaction or relationship to the appointing body prior to the waiver and an affirmative vote in favor of waiver by two-thirds vote of that body. In instances in,which appointment to the advisory board is made by an individual, waiver may be effected, after public hearing, by a determination by the appointing person and full disclosure of the transaction or relationship by the appointee to the appointing person. In addition, no person shall be held in violation of subsection (3) or subsection (7) if: 23 (a) Within a city or county the business is transacted under a rotation system whereby the business transactions are rotated among all qualified suppliers of the goods or services within the city or county. (b) The business is awarded under a system of sealed, competitive bidding to the lowest or best bidder and: 1. The official or the official's spouse or child has in no way participated in the determination of the bid specifications or the determination of the lowest or best bidder; 2. The official or the official's spouse or child has in no way used or attempted to use the official's influence to persuade the agency or any personnel thereof to enter such a contract other than by the mere submission of the bid; and 3. The official, prior to or at the time of the submission of the bid, has filed a statement with the Commission on Ethics, if the official is a state officer or employee, or with the supervisor of elections of the county in which the agency has its principal office, if the official is an officer or employee of a political subdivision, disclosing the official's interest, or the interest of the official's spouse or child, and the nature of the intended business. (c) The purchase or sale is for legal advertising in a newspaper, for any utilities service, or for passage on a common carrier. (d) An emergency purchase or contract which would otherwise violate a provision of subsection (3) or subsection (7) must be made in order to protect the health, safety, or welfare of the citizens of the state or any political subdivision thereof. (e) The business entity involved is the only source of supply within the political subdivision of the officer or employee and there is full disclosure by the officer or employee of his or her interest in the business entity to the governing body of the political subdivision prior to the purchase, rental, sale, leasing, or other business being transacted. (f) The total amount of the transactions in the aggregate between the business entity and the agency does not exceed $ 500 per calendar year. (g) The fact that a county or municipal officer or member of a public board or body, including a district school officer or an officer of any district within a county, is a stockholder, officer, or director of a bank will not bar such bank from qualifying as a depository of funds coming under the jurisdiction of any such public board or body, provided it appears in the records of the agency that the governing body of the agency has determined that such officer or member of a public board or body has not favored such bank over other qualified banks. (h) The transaction is made pursuant to s. 1004.22 or s. 1004.23 and is specifically approved by the president and the chair of the university board of trustees. The chair of the university board of trustees shall submit to the Governor and the Legislature by March 1 of each year a report of the transactions approved pursuant to this paragraph during the preceding year. (i) The public officer or employee purchases in a private capacity goods or services, at a price and upon terms available to similarly situated members of the general public, from a business entity which is doing business with his or her agency. 0) The public officer or employee in a private capacity purchases goods or services from a business entity which is subject to the regulation of his or her agency and: 24 1. The price and terms of the transaction are available to similarly situated members of the general public; and 2. The officer or employee makes full disclosure of the relationship to the agency head or governing body prior to the transaction. (13) County and municipal ordinances and special district and school district resolutions regulating former officers or employees. --The governing body of any county or municipality may adopt an ordinance and the governing body of any special district or school district may adopt a resolution providing that an appointed county, municipal, special district, or school district officer or a county, municipal, special district, or school district employee may not personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or employee for a period of 2 years following vacation of office or termination of employment, except for the purposes of collective bargaining. Nothing in this section may be construed to prohibit such ordinance or resolution. (14) Lobbying by former local officers; prohibition. --A person who has been elected to any county, municipal, special district, or school district office may not personally represent another person or entity for compensation before the government body or agency of which the person was an officer for a period of 2 years after vacating that office. For purposes of this subsection: (a) The "government body or agency" of a member of a board of county commissioners consists of the commission, the chief administrative officer or employee of the county, and their immediate support staff. (b) The "government body or agency" of any other county elected officer is the office or department headed by that officer, including all subordinate employees. (c) The "government body or agency" of an elected municipal officer consists of the governing body of the municipality, the chief administrative officer or employee of the municipality, and their immediate support staff. (d) The "government body or agency" of an elected special district officer is the special district. (e) The "government body or agency" of an elected school district officer is the school district. (15) Additional exemption. --No elected public officer shall be held in violation of subsection (7) if the officer maintains an employment relationship with an entity which is currently a tax- exempt organization under s. 501(c) of the Internal Revenue Code and which contracts with or otherwise enters into a business relationship with the officer's agency and: (a) The officer's employment is not directly or indirectly compensated as a result of such contract or business relationship; (b) The officer has in no way participated in the agency's decision to contract or to enter into the business relationship with his or her employer, whether by participating in discussion at the meeting, by communicating with officers or employees of the agency, or otherwise; and (c) The officer abstains from voting on any matter which may come before the agency involving the officer's employer, publicly states to the assembly the nature of the officer's 25 interest in the matter from which he or she is abstaining, and files a written memorandum as provided in s. 112.3143. (16) Local government attorneys. (a) For the purposes of this section, "local government attorney" means any individual who routinely serves as the attorney for a unit of local government. The term shall not include any person who renders legal services to a unit of local government pursuant to contract limited to a specific issue or subject, to specific litigation, or to a specific administrative proceeding. For the purposes of this section, "unit of local government" includes, but is not limited to, municipalities, counties, and special districts. (b) It shall not constitute a violation of subsection (3) or subsection (7) for a unit of local government to contract with a law firm, operating as either a partnership or a professional association, or in any combination thereof, or with a local government attorney who is a member of or is otherwise associated with the law firm, to provide any or all legal services to the unit of local government, so long as the local government attorney is not a full-time employee or member of the governing body of the unit of local government. However, the standards of conduct as provided in subsections (2), (4), (5), (6), and (8) shall apply to any person who serves as a local government attorney. (c) No local government attorney or law firm in which the local government attorney is a member, partner, or employee shall represent a private individual or entity before the unit of local government to which the local government attorney provides legal services. A local government attorney whose contract with the unit of local government does not include provisions that authorize or mandate the use of the law firm of the local government attorney to complete legal services for the unit of local government shall not recommend or otherwise refer legal work to that attorney's law firm to be completed for the unit of local government. (17) Board of governors and boards of trustees. --No citizen member of the Board of Governors of the State University System, nor any citizen member of a board of trustees of a local constituent university, shall have or hold any employment or contractual relationship as a legislative lobbyist requiring annual registration and reporting pursuant to s. 11.045. INFORMATION FLOW / TYPES OF REPORTS 1. Village Manager "Weekly E-Mail Report" — status of major projects and ongoing matters 2. Department Directors weekly or bi-weekly "E-Mail Report" — ongoing matters. 3. Monthly Financial Reports — general finance status including revenue and departmental expenditures to date with comparison to budget. 4. Annual Audit reports — March/April 5. Newsletters — three times a year 26 ZakN" ECHOBEE EWS Vol. I10 No. 23 Friday, February 22, 2019 500 plus tax By Cathy Womble Lake Okeechobee News During the Feb. 19 meeting, the Okeechobee City Council moved forward with plans for a town hall meeting in hopes Okeechobee residents will attend and express their wishes and concerns for the city. The meeting was originally the idea of Councilman Bob Jarriel but was enthusiastically embraced by all the members. City Clerk Lane Gamiotea has been tasked with finding a venue and setting a date, hopefully sometime in March. The plan is for an informal meeting where residents can feel comfortable expressing their viewpoints. As soon as the date and time are arranged, they will be announced to the public. Mrs. Gamiotea was also asked to proceed with the creation of a City of Okeechobee Code of Conduct Manual for members of the city council. This came about after a sugges- tion by Councilman Bobby Keefe during the last council meeting. He said it would make things easier for new council members if they had some type of procedure manual to help them get acquainted with the customs of the city. All of the council members agreed with the caveat that the manual not be too long. The zoning change affecting the location where the WaWa gas station plans to build was approved, although Mayor Dowling Watford again expressed concern over pos- sible traffic problems this may create. Mayor Watford slated his concern during the last meeting that traffic coming from the west will not be able to enter the station and will attempt to make a U-turn at the main signal at the intersection of U.S. 441 and State Road 70. Additionally, he said he was disappointed that the applicants had made no effort to address the concerns. Mrs. Gamiotea said they had mailed notices to businesses in the area surrounding the site of the future station explaining the concerns but received no response. Councilman Keefe suggested the possibility of the company purchasing a billboard on the outskirts of town advising patrons of where to turn. Councilman Jarriel joked, "Everywhere 1 go, the place I want to visit is always on the other side of the road," and then said, "I realty look forward to seeing this business in town.' In other business: • The final public hearing date for trans- ferring all responsibility of code enforcement from the fire department to the police depart- ment is set for March S. - Steve Nelson was reappointed as the city's representative to the Okeechobee Utility Authority Board of Directors for a four-year term through March 1, 2023, and Jeffrey Fadley was appointed as alternate member for a two- year term through March I, 2021. 1/ Lake Levels 12.86 feet Last Year:15.03 feet ,46 Spon ored By: PoQWs FWtdhj Re5tmwart 9 S. Parrott Ave. 763-7222 Source: South Florida Water Moongemenl District. Depth given in feet above sen level See Page 4 for information about how to contact this newspaper. lakeokeechebeenewscom fnaSpeeth free Ads 16510 1100024 5 • Proven Experience in Okeechobee • Immediate Appointments Available Mug • Fully Staffed Office on Parrott Ave. • Board Certified Civil Trial Attorney �r ki • Over 34years Experience •'�'r -✓ .d' $ �F INJURY ATTOR Call 357-5$00 HoskLaw.comSe.o� �,