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2020-12-15 CCRAC Minute PacketANDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee County,�lori•da, that the attached copy of an advertisement being a A c_ V--%k a� 1 )l r C -e a g . in the matter o�i-C, 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 Muros Swor tp and subscribed before me thi "�1'� day of t•,-:sr� .�i�'�e-UAD Notary Public, State of Florida at Large /�t ?� ANGIE BRIDGES #= MY COMMISSION BE GG 971582 EXPIRES:Apol20.2024 :;�OF FL�.•' Bonded Thru Notary Public Underwriters Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 DEC 020 PUBLIC MEETING NOTICE CHARTER REVIEW COMMITTEE NOTICE: The City of Okeechobee's Citizens Charter Review Advisory Committee (CCRAC) will conduct its initial meeting on Tuesday, December 15, 20203 4:30 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL. This meeting is open to the public and will not be broadcast via Zoom.com. The agenda is posted to the website at cityofokeechobee.com/agendas.html. BE ADVISED that should you intend to show any document, picture, video or items to the CCRAC 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. ANY PERSON DECIDING TO APPEAL any decision made by the CCRAC with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the City Clerk's Office in person or call 863-763-9814, Hearing Impaired: Florida Relay 7-1- 1 no later than four business days prior to proceeding. By: Lane Gamiotea, CMC, City Clerk POSTED: 12/4/20-BJ CITY OF OKEECHOBEE CITIZENS CHARTER REVIEW ADVISORY COMN,IITTEE HANDWRITTEN MINUTES BY L. GAMIOTEA I. City Administrator MontesDeOce called the initial December 15, 2020 Citizens Charter Review Advisory Committee (CCRAC) to order at 4:34 P.M. II. ATTENDANCE PRESENT ABSENT Suzanne Bowen Noel Chandler Jamie Gamiotea Jeremy LaRue —x_ Sandy Perry _x_ Cary Pigman _x_ Gary Ritter _x Myranda Whirls _x Hoot Worley was listening via Myranda cell phone, call dropped, time unknown Wes Abney, Ex-Officio Member x Marcos Montes De Oca, Ex-Officio Member x City Attorney John Fumero x City Clerk Lane Gamiotea x Other staff: Robin Brock, Patty Burnette, Major Hagan Mayor Watford in attendance. A. Election of Chair JF — open nominations for a Chair. JG nominated G Ritter, NC 2"d and close nominations. Sandy — pigman would be a very logical person to have as chair with experience. JF — since not here, just today be a chair to run the meeting today. NC — either vote no or resend motion and second and have Gary as vice chair. JF — when all here can take up issue again to see where we are, Gary can be chair to get meeting moving, short on time. JG — thought about Pigman, he has a priority with his work and may have to miss several meetings NC — in that case Gary can be chair all the time. Vote on motion on the floor — All yea. Nays none. Motion Carried. III. NEW BUSINESS A. Presentation on application of sunshine, public records, and ethic laws to Committee Members. JF — clerks office sent packet to you already, go quickly, questions today or future, my cell phone is 561-315 1595, don't hesitate to contact me with any questions at any time. Gary - start this thing out right with a prayer and pledge. JF introduced himself to committee and Carlyn K (Robin distributed copies of 2 power point presentations), Form 1 provided by city clerk, members provided them, completed and filed at SOE office. Covered ethics concepts and laws, must be in publicly noticed meeting. Done through the city clerks office. Public records laws will apply to you. Emails, text messages are 12/15/2020, CCRAC Meeting, L. Gamiotea Handwritten Minutes, Page 1 of 5 subject to the public records laws. Be mindful to all this if it relates to your role directly or indirectly that is a public record. It is a reality and be mindful. Fact specific and call me if you have any questions. Any technology that captures anything. Three-part test. Gary — many have several email addresses. If I wanted to use a personal email, then every email address would be subject to review? JF — no, correspond only with charter review are subject to it. Someone will need to access your email account and determine what is personal and what is city business, we are appreciative of the time you're already putting in, you don't want to add to that. You could create a gmail dedicated to just this board. I'm going to recommend a city page dedicated to just the charter review, allow everyone to read it, comment on it, etc. B. Discuss goal of Committee. Mission of this committee, taken from the Resolution creating this committee. Looked at what other cities have done in the last few years. Education and outreach was done over and over. Getting citizen input was huge. Most cities every 10 or 20 years. Do you want to take what we have now and amend or do you want to start with modern city templates that match small rural cities. You're going to need to look at that. Might be easier to start with a fresh modern. In this case it's the cities constitution without the day to day details. That is going to be the prime focus. To be a city you have to have a charter. Sec. 166 must be by vote of the electorate. City doesn't specify every so many years to be reviewed. Few areas where city council can amend the charter. Some of the depts are named within the charter and the name is outdated. I do not recommend having that, left up to the city council to adopt by ordinance charter cannot ... subject of less important should be in the charter situation came up a few months ago, vacancy should be filled, what if someone is elected. Posting proposed language and allowing the public to comment and provide feed back work with administrator to have the city do that. GR — on the last item JF discussed, web page, discriminating information, transparency, city staff? MDO — anticipated to add a tab on the webpage with the discussion points, future agendas and minutes can be posted on there. GR — board questions C. Presentation on local government charters and the statutory charter review process. JF — I'll be emailing several that I have found that were revised in the last five years, cities of similar size and relatable to Okeechobee, you'll have a lot of reading to do over the holidays. D. Discuss rules and procedures. JG — how will the agenda be set? MDO — determined by how the CCRAC wants to, driving by the committee, with chair and me and attorney. 12/15/2020, CCRAC Meeting, L. Gamiotea Handwritten Minutes, Page 2 of 5 GR — initial things to see some examples of smaller cities, needs to be on the one of the next agendas. JF — 3-4 good examples that will give you a good idea, take a highlighter and highlight the areas you like to see in our. GR — cities within our region? JF — updated charter in last 5 years. Sebastian, very clean, to the point that's 1 of the examples. Paul Carlisle. Wes — does everyone have a copy of our charter? Clerk — paper copy not provided, web location on the code of ordinances. Wes — staff come across items to look at. Lane's list of things to look at (Wes wants copy) JF — post that section of the code, charter only. MDO — get lane's list and incorporate into one. Sandy — never come up before? LG no. Lane - Paper copies of the code — all want. Suzanne Bowen — feel like everyone knows everyone else, new to the community, benefit to me greatly, people say you fit into the committee just to get to know everyone, I would like to put that out there and why were all here together. GR — initial intros tonight if we have the time. Wes — appointed by the city council, then come on as full board mbmer after special election. 5th generation Okeechobee, both sides of the family. SB — not from here, live here, preachers kids in the mission field, settled in FL, raised kids in Wisconsin, Entegra roof, now Boral, Senior cost accountant there. Lived for 2.5 years, the reason I volunteered so much negative on SM and wanted to really know what they are doing, recent tree lighted, was at the meeting and then saw this whole other side on FB, husband starting a business, best ways to get to know everyone. Sandy — raised in Indiantown, moved here in 9th grade, majored in music in FSU, former teacher in FL and GA, special ed teacher, IEP's how to improve, 1998 moved back to Okee to help parents with Health Care Facility run operation. Closing in new wing in April. Named #1 nursing home in 2020 in Newsweek for FL. Looking forward to reviewing this document. Director of the community Choir. JG — grew up in Arcadia, USMC out of high school, met current wife, established here so I came here. Worked at the city 1994 until OUA, treatment plant, 26 years w/ OUA, 25+ years 12/15/2020, CCRAC Meeting, L. Gamiotea Handwritten Minutes, Page 3 of 5 on Police Auxiliary and on the Code Enforcement Board 20+ years. Want to make sure the government does right by the people, that was taught at my house. Wanted to get on this board, for the generations to come after us, this will dictate the direction for the next 20 years. NC — 7t" generation Okeechobian. On city council for 4 terms, BOCC for 1 term, OUA several terms, married to wife 51 years, in the Navy. Learned a lot over the years, city council wanted to help people, state started there mandates. This does need to be changed, got to move on and on this board to help doing what is necessary. Read the chapters and see what all needs to be done. Myranda Whirls also from Indiantown, married in Jan. Accounting business owner. My generation has a bad rap, to get more involved in the community and with what is going on. GR — I think its extremely important to get more young people to be involved in the community, you shouldn't complain about things unless you are going to be involved. Okee for 42 years, right out of Un of FL, didn't have a job, putting applications in state agencies, Attaway lumber company, they took me under their wing, got to know people in this community, coffee class, learned the heritage from there, went to work with water management for 36 years, retired, FL Farm Bureau needed someone to do advocacy work, been there for 6 years, talked into running for city council for 1 term, 4 years with Mayor Kirk and Watford, Noel, learned a lot from those young men, always through a lot about the city always enjoyed being involved. Sat on Planning Board for the city. Police & Fire Pension boards. Hope its going to where off on my daughters. Extremely important task for the city. Pleasure being on here with all of you. MDO — intro staff here, ex officio member to the board, Admin, wife for 349 days, I'll be the point person and reach out to staff to get all. Next meeting intro to those who are absent. Robin Brock, coordination for meetings through her. She will be our producer with these meetings, zoom and closed captioning. Patty Burnette, work back and forth with controversial, full staff for you all. Lane — gave background and job duties. MDO — 2001 thick skin on here. E. Discuss upcoming meeting schedule. GR — upcoming meeting schedules, how often do we want to meet? MDO — that depends on what you all want to accomplish. GR — suggest with holidays next meeting after first of year and then discuss MDO — need to let us know what days and time work best for you all. JF — blocking time, plan at least 6 months in advanced. Publish 1 week before. JG — time, public more involved, never like government having meetings during working hours doesn't' pass the smell tests or view it from their homes. Head count? Yes. GR — 6 pm work? NC — text during the meeting from public. JF — making recommendations. When do you want to bring this ship in for landing? Hand off to city council, they will deliberate then referendum to the voters. Tentatively a year. GR — 6 pm better time all yes. Meetings at 6 pm. JG — better weeknight for staff, LG — meeting dates. GR at least twice a month to start out. JF — hope technology will be operational and you all can participate via zoom, must have physical quorum. 12/15/2020, CCRAC Meeting, L. Gamiotea Handwritten Minutes, Page 4 of 5 MDO — give yourself time, got at least 100 pages to read through. GR - lets schedule the 7t" and 28t" for January. On 7th agenda items can be to set future meetings from there. Will have a better idea for the work load. IV. ADJOURN MEETING The meeting was adjourned at 5:38 P.M. 12/15/2020, CCRAC Meeting, L. Gamiotea Handwritten Minutes, Page 5 of 5 CITY OF OKEECHOBEE Suzanne Bowen CHARTER REVIEW COMMITTEE Noel Chandler 55 SE THIRD AVENUE Jamie Gamiotea OKEECHOBEE, FL 34974 Jeremy LaRue DECEMBER 15 2020 Sandy Perry � Cary Pigman 4:30 P.M. Gary Ritter OFFICIAL AGENDA Myranda Whirls Hoot Worley I. CALL TO ORDER II. ATTENDANCE A. Election of Chair III. NEW BUSINESS A. Presentation on application of sunshine, public records, and ethics laws to committee members B. Discuss goal of committee C. Presentation on local government charters and the statutory charter review process D. Discuss rules and procedures E. Discuss upcoming meeting schedule IV. ADJOURN MEETING PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the CCRAC with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Office in person or call 863-763-9814, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. City of Okeechobee Charter Review Committee December 15, 2020 John Fumero and Carlyn Kowalsky N.J, Nason Yeager UPSON HAMS & FUMERO, P.A. ATIORNEYSATLAW I Est.1960 N a s o n Yea e_ r GFRSON HARRIS & FUMERO. PA. Al IORNLYS AT LAZY 1 Lat. 1960 JOHN FUMERO, is board certified in • •. State and Federal Government and j r Administrative Practice by The Florida Bar. He has practiced law for over 30 years and formerly served as General Counsel of the South Florida Water Management District. CARLYN KOWALSKY has been practicing law for over 33 years in both government and private practice. Before joining Nason Yeager, she held the position of Deputy General Counsel for the South Florida Water Management District where she spent 15 years counseling governing board members about ethics and open government. John Fumero p 12/1 5// 2i020 r Ethics Pu_ bft Records Pubft M i Morids Chapter 112 Chapter 119 Chapter 286 Statutes Part M Qganc Roroda Roroda Ror0da Commission Attorney Attorney on Ethe cs General General ��oda of EtC[,i,rm -app�o to members of AdN�/�sory Bodies ddpubk officer" ondu es any person effected or appointed to hdd office on any agency, indud-ngg person agr�an an advoa L Mor�da Statutes Section 112.313 l \, Nason Yca Cr .. ...9 2 12/15/22020 Key EtNcs Concepts ❑ Cannot accept gifts f® influence a decssson ❑ Cannot do business with your agency (e.g. sellgoods) ❑ Cannot nii suse your pubk p®sGtdons to secure a spews& prMie e9 benefit, or exemption for yourself or others C t ocs Laws ❑ Code of EtNcs for G uNc Offic�a�s ❑ Rorr da Statutes Chapter 112 - Part M Ei Ronda Commossoon on EtNcs - Orders f f®90owa❑g a c❑mp�aint) Advisory Opinions \� !i a5on Yea r L l The Sunshine State: eL�►1R Florida Public Records Law �oA THE SUNSHINE STATE Florida has a rich and impressive history of commitment to open records. Florida is known as the home of "Government -in -the -Sunshine" laws, which promote a policy of open government meetings and records. The policy has been described as a "cornerstone of our political culture. " N Nason Yea er ■ ,`ksoaiwmsavu.m—w n Public Meetings - Florida Sunshine Law Florida Attorney General or www.myFloridaleo,al.com Entire decision -making process must be in the Sunshine "Every thought, as well as every affirmative act, of a public official as it relates to and is within the scope of his official duties, is a matter of public concern; and it is the entire decision -making process that the legislature intended to affect by the enactment of the statute before us." 1� NasonYeager t,f.ItSpJ 11ARa15 6 fUMf.a4 PA 0to 1 Times Publishing Company v. Williams,'I 222 So. 2d 470, 473 (Fla. 2d DCA 1969) Open Public Meetings ■ all meetings of any local gov. must be open to the public ■ no formal action is binding except as taken at an open meeting ■ must provide opportunity for public comment Florida Constitution Article 1, Section 24(b) Florida Statutes Sections 286.011(1 and 286.0114 1NINason Yeager ct ason wws a ruucao. rA Public Records Law ■ It is the policy of the State of Florida that all state, county, a d municipal records shall at all times be open for personal in pe and copying by any person. ■ The Public Records Law (ch. 119, F.S.), requires that public records be made available for public inspection, be kept in usable condition, in safe places, and in convenient places, and that copying of records be provided at reasonable costs. 14 Nason Yeager Cd:RSON IURRIS 6 FUMERO. PA A Three-part Test 1. 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" (includes electronic communications like Facebook postings, text messages, emails, blog, vlog, tweets). 2. Made or received pursuant to law or ordinance or in connection with the transaction of official business. 3. By any local government which is used to perpetuate, communicate or formalize knowledge or information. 14 Nason Yea er GEILM1ON IiNtRil 6 fUMERO �A The Modern Realities • Conducting governmental business using non-governme equipment or devices. • Public records stored on privy computers and/or cell phone • Public records send or receivE on private email accounts. Practice Tips A public record is defined by the nature of the document --- meaning the purpose that it was created or information that is conveying, not by where the document is located, i.e., government -owned device versus a personally owned device. 11% Nason Year u H GESaFUNIM0. rn Conclusion ■ Application of these laws is very fact specific ■ Feel free to contact the City Attorney if you have specific questions NasonYea er [.t0.50A IiNWSbN.MlRO.PA (Vetcoth" to �� Riga THE SUNSHINE STATE 12/15/2020 Di, IT b U c& a1 q4, 00P-A & nlaf6tj IMPORTANCE AND ROLE OF THE MUNICIPAL CHARTER • THE MUNICIPAL CHARTER IS AN ESSENTIAL AND FUNDAMENTAL ELEMENT OF EVERY FLORIDA MUNICIPALITY. • NO MUNICIPAL GOVERNMENT MAY BE CREATED WITHOUT A PROPOSED CHARTER, AND NO MUNICIPAL GOVERNMENT MAY EXIST WITHOUT A CHARTER. • A CHARTER IS THE FOUNDATION OF A LOCAL GOVERNMENT AND FUNCTIONS AS THE EQUIVALENT OF A STATE OR FEDERAL CONSTITUTION, SETTING FORTH GUIDING PRINCIPLES FOR GOVERNANCE. • THE CHARTER SHOULD ESTABLISH A FRAMEWORK FOR HOW THE CITY OPERATES IN TERMS OF ITS STRUCTURE, RESPONSIBILITIES, FUNCTIONS AND PROCESSES. 1 12/15/2020 IMPORTANCE AND ROLE OF THE MUNICIPAL CHARTER • ADOPTION OF A CHARTER IS AN AFFIRMATION BY THE CITIZENS THAT THEY MEAN TO HAVE GOOD GOVERNMENT AND IS THE LEGAL FRAMEWORK WITHIN WHICH SUCH GOVERNMENT CAN BE WON AND THE MORE EASILY MAINTAINED. • CHARTER REVIEW IS A BASIC GOOD -GOVERNMENT REVIEW PROCESS INTENDED TO KEEP THE CITY CHARTER RELEVANT AND IN STEP WITH THE NEEDS AND PRIORITIES OF THE CITIZENS. • WHILE SOME MUNICIPAL CHARTERS PROVIDE FOR A TIMETABLE AND PROCESS FOR CHARTER AMENDMENT, THE CITY OF OKEECHOBEE'S CHARTER DOES NOT SPECIFY A TIMETABLE OR PROCESS FOR CHARTER REVIEW. • MOST MUNICIPALITIES UNDERGO A CHARTER REVIEW PROCESS ONCE EVERY 10 TO 20 YEARS • CHARTERS OR CHARTER PROVISIONS ADOPTED OR READOPTED SUBSEQUENT TO THE ADOPTION OF THE MUNICIPAL HOME RULE POWERS ACT IN 1973, MAY ONLY BE AMENDED AS PROVIDED IN CHAPTER 166 FLORIDA STATUTES. CITY CHARTERS AND THE FLORIDA CONSTITUTION • ARTICLE VIII, SECTION 2(A), FLORIDA CONSTITUTION, PROVIDES THAT MUNICIPAL CHARTERS MAY BE AMENDED PURSUANT TO GENERAL OR SPECIAL LAW. • THE FLORIDA LEGISLATURE, WITH THE 1973 ADOPTION OF THE MUNICIPAL HOME RULE POWERS ACT, CHAPTER 166, FLORIDA STATUTES, GRANTED MUNICIPALITIES BROAD HOME RULE POWERS. 2 12/15/2020 SECTION 166.031, FLORIDA STATUTES & CHARTER AMENDMENTS • SECTION 166.031, FLORIDA STATUTES, SETS FORTH THE PROCEDURES TO BE OBSERVED IN AMENDING MUNICIPAL CHARTERS, INCLUDING A REQUIREMENT THAT A PROPOSED AMENDMENT SHALL BE SUBJECT TO APPROVAL BY REFERENDUM OF THE VOTERS. • 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 GENERAL ELECTION, SUBMIT TO THE ELECTORS OF SAID MUNICIPALITY A PROPOSED AMENDMENT TO ITS CHARTER. UPON ADOPTION OF AN AMENDMENT TO THE CHARTER OF A MUNICIPALITY BY A MAJORITY OF THE ELECTORS VOTING IN A REFERENDUM UPON SUCH AMENDMENT, THE GOVERNING BODY OF SAID MUNICIPALITY SHALL HAVE THE AMENDMENT INCORPORATED INTO THE CHARTER AND SHALL FILE THE REVISED CHARTER WITH THE DEPARTMENT OF STATE. SECTION 166.031, FLORIDA STATUTES & CHARTER AMENDMENTS • A MUNICIPALITY MAY, BY UNANIMOUS VOTE OF THE GOVERNING BODY, ABOLISH MUNICIPAL DEPARTMENTS PROVIDED FOR IN THE MUNICIPAL CHARTER. • EACH MUNICIPALITY SHALL, BY ORDINANCE OR CHARTER PROVISION, PROVIDE PROCEDURES FOR FILLING A VACANCY IN OFFICE CAUSED BY DEATH, RESIGNATION, OR REMOVAL FROM OFFICE. • AS A GENERAL PRINCIPLE, CONCURRENT LEGISLATION ENACTED BY A MUNICIPALITY MAY NOT CONFLICT WITH STATE LAW; IF SUCH CONFLICT ARISES, STATE LAW WILL PREVAIL. • A MUNICIPALITY CANNOT FORBID THAT WHICH THE LEGISLATURE HAS AUTHORIZED OR REQUIRED, NOR MAY IT AUTHORIZE THAT WHICH THE LEGISLATURE HAS FORBIDDEN. 3 12/15/2020 CHARTER SUBJECT MATTER • THERE IS NO WELL-DEFINED TEMPLATE OF WHAT SHOULD OR SHOULD NOT BE ADDRESSED IN THE CITY CHARTER. • A CHARTER SHOULD CONTAIN DETAILS WHICH ARE OF SUCH IMPORTANCE THAT THEY SHOULD NOT BE SUBJECT TO CHANGE SIMPLY BY ORDINANCE, WITHOUT A PUBLIC REFERENDUM. • BY INCLUDING CERTAIN PROVISIONS IN THE CITY CHARTER, THE CITIZENS ENSURE THAT THEIR PROVISIONS CANNOT BE CHANGED HASTILY AND WITHOUT POPULAR CONSENT. • SUBJECTS OF LESS IMPORTANCE SHOULD NOT BE IN THE CHARTER BECAUSE IT SHOULD BE EASIER TO MAKE NECESSARY CHANGES AFFECTING THEM. A HAPPY MEDIUM SHOULD BE FOUND BETWEEN INCLUDING "ENOUGH" AND INCLUDING "TOO MUCH" IN THE CHARTER. MISSION OF THE CHARTER REVIEW COMMITTEE • GENERALLY STATED, THE CHARTER REVIEW COMMITTEE IS AUTHORIZED AND EMPOWERED TO DO THE FOLLOWING: • EXAMINE THE CITY CHARTER. • RESEARCHING EXPERIENCES OF OTHER CITIES UNDER THEIR RESPECTIVE CHARTERS AND FORM OF GOVERNMENT TO IDENTIFY BETTER GOVERNMENTAL ARRANGEMENTS AND PRACTICES. • EDUCATION AND OUTREACH TO CITIZENS ABOUT THE PROCESS, AND SOLICIT CITIZEN INPUT. • IDENTIFYING SPECIFIC ISSUES OR SUBJECT AREAS TO BE ADDRESSED IN THE CHARTER AMENDMENTS. • DRAFTING PROPOSED CHARTER AMENDMENTS IN THE CLEAR, LOGICAL AND CONSISTENT FASHION. 51 12/15/2020 PUBLIC OUTREACH AND PARTICIPATION • THE BEST CHARTER IS OF LITTLE VALUE IF VOTERS DO NOT UNDERSTAND IT AND APPROVE IT. • MOST OF THE CHARTER REVIEW INITIATIVES THAT I REVIEWED IN THE STATE OF FLORIDA INCLUDE A CONCERTED EFFORT IN PUBLIC OUTREACH. THIS INCLUDES AN INTERACTIVE WEBSITE WITH CHARTER AND CHARTER REVIEW INFORMATION, AND THE SCHEDULING OF NUMEROUS INTERACTIVE PUBLIC WORKSHOPS THROUGHOUT THE PROCESS. 5 December 23, 2020 Lake Okeechobee News - merger o!#=-cttobee News, Clewiston News, Glades County Democrat, and Th13 CCi2AC Me.z-k'vJ' City council charter review committee holds first meeting By Cathy Womble Lake Okeechobee News OKEECHOBEE —The Okeechobee City Council established a charter review committee to go over the city's charter and determine whether any changes need to be made. It has been about 60 years since the last review of the charter, and Councilman Bobby Keefe has been strongly urging the council to move forward on this since his election two years ago. Originally, the committee was to consist of seven members and one alternate, but 10 people applied, and the council unani- mously voted to accept them all as mem- bers. Suzanne Bowen, Noel A. Chandler, Steve Dobbs, Jamie Gamiotea, Jeremy R. LaRue, Sandy Perry, Gary Ritter, Myranda Whirls and Hoot Worley met Tuesday afternoon, Dec. 15, for the first time. Cary Pigman, who is also on the committee, was unable to attend the first meeting due to a prior commitment. Their first item of busi- ness was to elect a chairperson, and Ritter was elected as chairman for one meeting only with the understanding the committee would discuss it again at the next meeting when Pigman could be in attendance. City attorney John Fumero explained the areas of law that apply to the committee. He discussed the code of ethics, and ex- plained that accepting gifts to influence the outcome of decisions, etc. was a huge no - no. He explained the Sunshine Law, which affects all government meetings. "Basically, the Sunshine Law is that governmental decision -making and all the elements that go into that decision -making must be done in a publicly noticed meeting so that any member of the public can watch and participate in their government decision making process," he explained. He said the meetings should always allow for public comment and they should remember that the public records laws apply to them as well. The committee's job will be to go through the charter and determine what, if any amendments they want to put in the charter. Fumero said the committee has the option to tinker with what is on the books now or just develop a whole new charter using templates of modern Florida city charters. He said if they chose that option, he would find templates from areas of a similar size. "We don't need to build a Cadillac If we can get from point A to point B with a Chevy." He explained that a city charter is the equivalent of a state or federal constitution. "It is the backbone of govem- ment." The committee requested some exam- ples of charters from other small cities be available for them to review at their next meeting, and Fumero said he would make sure they had several. The committee plans to meet twice a month. In January, those meetings will be on the 7th and 28th at 6 p.m. Future meet- ings will be announced in January. They will also be utilizing Zoom. To see the charter visit httpsyAibrary. municode.com/fVokeechobeeJcodes/code of_ordinances?nodeld= PTICH If you have any questions about the charter, the city clerk's office will be happy to help. Call 863-763-3372. aLocal leaders bring requests to Okeechobee Legislative Delegation By Katrina Elsken Lake Okeechobee News OKEECHOBEE — On Wednesday, Dec. 9, Okeechobee County officials asked the Okeechobee Legislation Delegation to support septic -to -sewer funding; make decisions about Lake Okeechobee based on science and not on politics; and not pass unfunded mandates. The Okeechobee County Legislative Delegation convened on Dec. 9, for a public hearing on local bills and other issues. State Rep. Kaylee Tuck and State Sen. Ben Albrit- ton listened as representatives from the City of Okeechobee, Okeechobee County, Okeechobee County Schools, Okeechobee Utility Authority (OUA), Helping People Suc- ceed and Healthy Start asked the legislators for their support. Albritton warned those present the state budget will be tight this year due to the COVID-19 pandemic. He said Florida is required to balance the budget each year. "There is a real hole in our budget, hovering somewhere between $2.5 and $3 billion," said Aftihtlon. "The message has been consistently from the leadership in both of our cham- bers and from the governor as well, that this is going to be a very lean year," he continued. He said the Florida legislators and governor are required to balance the state budget. "We are largely a legislature that is not interested in taxing our way into a spending scenario." "It's going to be a tough year," he said. "Please do all you can to prevent any unfunded mandates and attacks on home rule," said Mayor Dowling Watford. He also asked for local control of medical marijua- na dispensaries. He asked that any deci- sions about lake Okeechobee be based on science. The mayor said the city also highly supports the requests by Okeechobee Utility Authority for septic -to -sewer con- version funds and for funding for a new Okeechobee High School. "That building needs to be replaced," he said. The mayor said four-laning State Road 70 West should be a high priority for the Florida Department of Transportation. The coast to coast highway is often used for hurricane evacuations, which backs traffic up on the portions of the road that are two lanes. "It would be helpful to have that fourdaned at least to U.S. 27," he said. "Start at Okeechobee County and go to the west mast," agreed Okeechobee Coun- ty Commission Chairman Terry Burroughs. "Anytime there is an evacuation, we have a problem," he said. Burroughs asked the legislators to support the Spot in the Sun stormwater treatment project. He said this water goes into Nubbin Slough, which has high levels of phosphorus. "Clean that water up before it gets into Lake Okeechobee," he advised. He also asked for state funding for a public safety fire tower. The firefighters spend a lot of time going back and forth to Indian River State College for training, he said. They would like to have a tower in Okeechobee so they could train here. Burroughs asked the legislature to allow a local government surtax to fund infra- structure. "Giving the county the opportuni- ty to do this doesn't mean we will be able to pass a referendum," he said. If the state allows a local option tax, the county leaders would still have to convince the taxpayers how this will be beneficial to them. He also asked for help with broadband access which is a problem for rural coun- ties. The COVID-19 pandemic has exposed gaps in Internet access for education, work at home and tele-health, he said. Another item on the county wish list is funding for inmate health care. "If some- body can't pay for it, it comes back on the taxpayers," he said. If a person who is ar- rested has Medicaid or Medicare, once they are incarcerated, they lose benefits. "From the day the person is incarcerated they lose all benefits," he said. He suggest- ed they continue Medicare and Medicaid benefits for those who are in jail awaiting trial, because those individuals have not yet been convicted of a crime. At the start of the pandemic, Florida al- lowed elected officials who needed to self - isolate to attend government meetings via teleconference. Burroughs said they would like to keep the option for remote meetings. Albritton said there will be discussion of septic to sewer in the next legislative ses- sion. He said they will also address the use of reclaimed water. Coastal communities should stop turning hundreds of millions of gallons out to tide each year, he added. Okeechobee County Commissioner Kelly Owens asked the state require septic tank permits be aligned with local zoning laws. The Florida Department of Health currently permits septic tanks for properties on which the structures do not meet county zoning or code, she explained. She said DOH should check with the county building department before approving a septic tank permit to make sure the structure the septic tank will be connected to is a permitted structure. Steve Nelson of the Okeechobee Utility Authority asked for regulatory support for a state requirement that residents connect with sewer lines when they become avail- able. He also asked for funding for a septic - to -sewer conversion project in Treasure Island to remove 2,400 septic tanks from that area. Superintendent of Schools Ken Ken - worthy asked for funding for a new Okeechobee High School. He said the state has determined the current Okeechobee High School is in critical need of replace- ment. He said OHS was ranked second on the list of state schools that should be re- placed. The top spot on that list is a school that was damaged by Hurricane Michael. The aging structure has plumbing prob- lems and is not large enough to house all of the students, he continued. About 500 freshmen go to a different school across town." About 300 of those freshmen are bused to the main OHS campus for some classes and they lose a significant amount of time sitting on a bus instead of being in class. Kenworthy also asked for some help this year due to the pandemic. He encouraged them to test for diagnostic purposes but not to use the test results to evaluate teachers. Okeechobee seniors By Katrina Eisken Lake Okeechobee News OKEECHOBEE — Okeechobee County senior citizens are holding up well despite the stress of the COVID-19 pandemic, according to Tom Leach of Okeechobeee County Senior Services. "Our seniors are realty holding up quite well," Leach told Okeechobee County commissioners at their Thursday, Dec. 10 meeting. "Thus is a resilient generation," he said. "They know how to get by. They know how to hunker down." He said they have lost some clients in the past nine months but as far as he knows none of the deaths were due to COVID-19. The seniors who regularly attended are resilient the senior center before the pandemic are anxious to come back when it is safe, Leach continued. He said the county staff is putting forth a drive to "adopt a grandpar- ent for Christmas" to provide holiday gifts for all of the seniors. He added finding out what the seniors might have on a wish list is difficult because "every time we make contact with our clients, they say they are sure there is someone else who needs help more than they do." In related business, the commissioners designated Okeechobee Senior Services as the lead agency for the Area Agency on Aging of Palm BeactvTreasure Coast Inc. (AAA). They recently received an overall funding increase of $20,166.83.