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2021-03-02 Handwritten MinutesCITY OF OKEECHOBEE, FLORIDA MARCH 2, 2021, REGULAR MEETING HANDWRITTEN MINUTES BY LANE GAMIOTEA I. CALL TO ORDER Mayor Watford called the regular meeting of the City Council for the City of Okeechobee to order on Tuesday, March 2, 2021, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The invocation was offered by Watford, followed by the Pledge of Allegiance by Jarriel. II. ATTENDANCE By City Clerk Gamiotea. PRESENT: Mayor powling R. Watford, Jr. Council Member Wes Abney Council Member Clark Council Member Jarriel ABSENT: Council Member Keefe due to COVID Staff Members Present: City Attorney John Fumero Deputy City Clerk Bobbie Jenkins Patty Burnette, General Services Coordinator India Riedel, Finance Director Anthony Smith, Code Enforcement Officer Ericka Smith, Police Records Clerk City Administrator Marcos MontesDeOca Executive Assistant Robin Brock Police Major ponald Hagan Jeanna Kovak, Police Services Coordinator Christina Curl, Assist Code Enforce Officer III. AGENDA AND PUBLIC COMMENTS A. Mayor Watford asked whether there were any agenda items to be added, deferred, or withdrawn; there were none. B. Motion by Council Member Jarriel, seconded by Council Member Clark to approve the � agenda as presented. YEAS: Mayor Watford, Council Members Abney, Clark, Jarriel. Keefe Absent. Motion Carried. C. There were no agenda item forms or comment cards submitted for public participation for any issues not on the agenda. IV. PRESENTATIONS AND PROCLAMATIONS A. Ms. Bobbie J. Jenkins was presented with an engraved stationary set and a framed longevity service certificate which read "In recognition of your 5-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from March 7, 2016 through March 7, 2021." B. Mr. James Pickering was presented with an engraved mantel clock �and a framed longevity service certificate which read "In recognition of your 15-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from March 6, 2006 through March 6, 2021." Chief Peterson gave background on ties to the community and law enforcement and military service. Pickering — friend up North, disappointed about last year, hope to see you all this year. L. Gamiotea Handwritten Minutes, March 2, 2021, Page 1 of 7 PRESENTATIONS AND PROCLAMATIONS CONTINUED C. Mayor Watford proclaimed the month of April 2021 as "Water Conservation Month." He presented the document to Mrs. Libby Pigman with the South Florida Water Management District, which was read into the record as follows: "Whereas, water is a basic and essential need of every living creature; and Whereas, the State of Florida, Water Management Districts and the City of Okeechobee are working together to increase awareness about the importance of water conservation; and Whereas, the State of Florida has designated April, typically a dry month when water demands are most acute, as Florida's Water Conservation Month to educate citizens about how they can help save Florida's precious water resources; and Whereas, the City of Okeechobee has always encouraged and supported water conservation through various educational programs and special events; and Whereas, every business, industry, school, and citizen can make a difference when it comes to conserving water; and Whereas, every business, industry, school, and citizen can help by saving water and thus promote a healthy economy and community. Now Therefore, I, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2021 as `Water Conservation Month' in the City of Okeechobee." D. Mayor Watford proclaimed the week of May 16 through 22,2021 as "Water Reuse Week." He presented the document to Mrs. Libby Pigman with the South Florida Water Management District, which was read into the record as follows: "Whereas, safe, clean, and sustainable water resources are essential to Florida's environment, economy, citizens, and visitors; and Whereas, although Florida's water supplies are finite, the state's population and need for water resources continue to increase; and Whereas, water reuse provides a means for conserving and augmenting Florida's precious water resources and is key to the state's sustainable water future; and Whereas, Florida has established the encouragement and promotion of water reuse as state objectives in Chapters 373 and 403, Florida statutes; and Whereas, Florida's permitted reuse capacity is more than 1.7 billion gallons per day (approximately 67 percent of Florida's total permitted capacity for all domestic wastewater treatment facilities); and Whereas, the City of Okeechobee has joined with the Water Reuse Florida, the Florida Department of Environmental Protection, and the South Florida Water Management District in encouraging and promoting water reuse and conservation; and Whereas, the City of Okeechobee has implemented a water reuse program and encourages efficient and effective use of reclaimed water. Now Therefore, I, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim May 16 through 22, 2021 as `Water Reuse Week' in the City of Okeechobee." V. CONSENT AGENDA Motion by Council Member Abney, seconded by Council Memb'er Clark to approve consent agenda items A[February 2, 2021 and February 16, 2021 regular meeting minutes], and B[Approval of Temporary Street Closing for the Annual Speckled Perch Festival from 5:00 p.m. on March 12, 2021 to 10:00 p.m. on March 14, 2021 (Exhibit 1)]. YEAS Mayor Watford, Council Members Abney, Clark, Jarriel. Keefe Absent. Motion Carried. L. Gamiotea Handwritten Minutes, March 2, 2021, Page 2 of 7 VI. NEW BUSINESS A. Information regarding Florida League of Cities priorities and Home Rule, presented by Florida League of Cities 2nd Vice President/Treasure Coast Regional League of Cities Present, Jolien Caraballo. Jolien, focus is home rule. Fortunate to have DW and BJ as members on the TCRLC Great team of 14 cities representatives. Mission Statement (read into the record by Jolien). Community Involvement scholarships through IRSC endowment. Delegation roundtable. Education elected officials and local population. Track all bills of preemptions on home rule. Go to the State legislature. Diverse economy and citizenry to pull from when we reach out to our legislation. Adopted the FLC 2021 priorities. 5 committees that focus on sunshine. Advocate to protect our way of life on treasure coast. 1. Short Term rentals advocating to be a voice for cities. Deal with agency partners that will be making regulations in the future. DPBR will most likely be the regulatory agency. 2. Affordable housing. Mandates from Sadowski funds. 3. Annexation. Case study large commercial were constating trying to be annexed by others. 4. Sales Tax Fairness. COVID has shown us how important this is. We do not have a law on the books covering this. 5. Home based businesses, only against a portion of the proposed bill. Combating public disorder. Why is it important to be involved? No one will take care of your city like you will. The state doesn't know how and why laws will directly impact your neighborhood, home, quality of life. You trust us to make this happen. Join our mission to protect your hometown. There are statewide issues. The current Health crisis. Don't tell me I can't regulate vegetable gardens in my city or how trees should be cut. Example of a bill that would have impacted the City of Port St Lucie. Legislature allows telecom to put things within your cities. Beautification and landscaping codes. FPL come in big telecom should also have to come to the city and ensure there is not a good place to put things within the city wherever they want. Legislator tried to prohibit design standards for cities. Bought 2 houses that were historical. Important dates to share. Virtual legislative action week on Mar 15-19. receive legislative alerts, text home rule to 50457 - need to share with our public as well. Weekly Mon call in, numbers given. On tap with the Cap legislative updates emailed every Friday during session. Bill summaries at flcities.com May 6 post legislative session wrap up. Building stronger cities is our president. Advocacy Team — need a member from Okeechobee. Appreciate someone volunteering. MC, expand what home rule is for the audience. Jolien — this is your home so this should be your rules. Your local body is making decisions here on the ground floor. Home rule is in the FL constitution to allow cities to have home rule powers. Gives you the ability to go to mayor or city council member to get things done instead of ineeting with your legislature to get rules changed or law passed. Whenever you see a piece of legislation that will effect your city, its about having a choice, you have the choice to go to Watford and say I don't like that and can run against him if he doesn't. Welcoming and warm and appreciate you. L. Gamiotea Handwritten Minutes, March 2, 2021, Page 3 of 7 VI. NEW BUSINESS CONTINUED B. Motion to read proposed Ordinance No. 1222 by title only and set April 6, 2021 as the final public hearing date, amending Code Chapter 18, Code Enforcement (Exhibit 2). Motion by Council Member Abney, seconded by Council Member Clark to read proposed Ordinance No. 1222 by title only. AYES: Mayor Watford, Council Members Abney, Clark, Jarriel. Keefe Absent. Motion Carried. City Attorney Fumero read proposed Ordinance No. 1222 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, ARTICLE II OF THE CODE OF ORDINANCES; AUTHORIZING THE CODE ENFORCEMENT MAGISTRATE TO CONSIDER FINE REDUCTIONS; INCREASING ADMINISTRATIVE FEES AS PROVIDED IN THE ORDINANCE; AMENDING OTHER REVISIONS TO REFLECT THE USE OF A MAGISTRATE; AUTHORIZING THE CITY ATTORNEY TO INSTITUTE FORECLOSURE PROCEEDINGS AS PROVIDED IN THE ORDINANCE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE." Motion by Council Member Abney, seconded by Council Member Jarriel to approve the first reading and set April 6, 2021 as the Final Public Hearing date for proposed Ordinance No. 1222 by title only. DISCUSSION: Fumero, intended to streamline the code enforcement process to allow the Magistrate and City attorney to handle most matters without coming to the City Council for approval. Thankful for Anthony Smith and Christina Curl. Cleaning up old files, modernizing the files. They are working very hard. Encourage people to fix the problem, fining them is just a tool to get them to do it. The City Council is currently tasked with considering fine reduction requests and approval of foreclosure actions after non-payment of a code enforcement lien. Under these proposed changes, those matters will be handled by the Magistrate and City Attorney respectively without the need for City Council approval. All matters will be handled in accordance with procedures contained in Florida Statutes. In addition, the changes will increase the administrative fees for processing the case from $25 to $50 for first time violators and to $100 for repeat violators. The changes also include other minor revisions to reflect the use of a Magistrate rather than a code enforcement board. MC, Section 3, last sentence being struct through, not ready to give that power up to them yet. DW, need to amend. Fumero, not always the case, high profile cases would be ??? get specific sentence. MC, fees not in ordinance, why not a resolution? Fumero needs to be an ordinance. MC, fee schedule added. JF, WA, adopt a fee schedule easily altered that may be more streamlined. MC, if we must bring back any way. WA, pg 2 of 4, remove the board, 4t" line. JF, this is old and want to completely reword the entire chapter. WA, 1 St notice if fixed, there is no fee, correct. L. Gamiotea Handwritten Minutes, March 2, 2021, Page 4 of 7 VI. NEW BUSINESS, B. CONTINUED WA, pg 3 of 4 line 2, city commission to city council. And (7) authorize the reduction of any fine he or she has imposed. Again are we ready to give up that authority? JF, penalty matrix will handle the objectivity, not up to the whim of the code officer, not going to have wild swings. WA, cover costs, reduction per fee matrix? JF, have to have an updated matrix. WA, what do we do till that matrix is done? JF, many factors that come into play. Magistrate is the best person with the most knowledge make that call rather than council in a 5 min presentation. MC, feel more comfortable if we had the matrix at the same time. WA, what do we do in the man time? leave as is or amend it. MC, want to still come to us even if consent agenda, in the baby steps in code enforcement where it needs to be. DW, you want to leave 7 out till matrix? MC, yes. WA, agree. JF, be a few months before we'll have the matrix. Still cleaning up old matters. BJ, be good to leave out, come back and change it at that time. DW, attorney to make changes for our final hearing. DW, section 7 18-39, current procedure comes before the city council to approve the foreclosures. The council has wanted that to come before us, always feel it is our responsivity. Not sure most efficient way but big step to foreclose on someone's property. BJ, even when approved haven't always done it. WA, think its after the council has approved the order/liens. DW, no all up to the magistrate. WA, agree with the mayor. MC, isn't it 6 months minimum before; temporary bases back to city council until we get it streamlined and serious about code enforcement. DW, want to leave out for now? Yes MC. REMOVE 18-39 and readdress. MC — audience to understand; process explained. AYES: Mayor Watford, Council Members Abney, Clark, Jarriel. Keefe Absent. Motion Carried. Code Enforcement Presentation-Major Hagan. Excellent job on new employees Anthony and Christina introduced. FACE last year classes cancelled, in person classes going to those who got cancelled last year. Were on the bottom of the list. They are working on certification for virtual classes to help. Steps for code violation brought to code enforcement by concern citizen or routine inspection. 1. Inspect property for code violations. 2. If any violations send the property owner a courtesy card. 3. After 7 to 14 days if property not in compliance a statement of violation and notice of hearing sent to property owner. 4. Reinspect property. 5. If property still not in compliance before the allotted time and not in compliance before the hearing date case goes before the magistrate. L. Gamiotea Handwritten Minutes, March 2, 2021, Page 5 of 7 VI. NEW BUSINESS, B. CONTINUED 6. During the hearing, the property owner will be heard and if the property deems out of compliance fines will be recommended y city attorney. 7. Lien order will be recorded. 8. After 90 days the property owner sent 90 days reminder letter. 9. If they still don't bring the property into compliance or pay the fine the city attorney will begin foreclosure on the property. Procedural Overview. Purpose Definitions Process, steps 1 to 9. WA, how do you keep track of the complaints? Hagan, software that we have upgraded. Complaint in spillman so it's all trackable. Pictures on the laptops associated to the case file. JF, a yearfrom now produce performance statements on all complaints. Database is adaptable for using. WA, a lot of work is reactive, set aside for proactive? AS, one sector of the city per week is the goal especially the main corridor. WA, sounds like a good plan. DH, you have businesses open up, TRC board certain amount of plants, trees, years go by and things taper off, part of proactive is hold them accountable to keep up what the landscaping plans were when you approved the permit to open that business. BJ, one issue is landscaping on these properties, after plant them, half have died. Look into sprinkler system required to water them to keep them alive. Get into the permitting park of that. MC, Libby isn't here about the water usage. JF, xeriscape landscape is required. Bob Peterson introduced staff. Anthony, 1998 here, Boys School and then REG plant. Found my last spot. Navy for 5 years. Christina Jolly Curl local, since 3 months old, moved briefly away, worked for the city as dispatcher, part time work at the hospital ER. Welcome to the city family. C. Discuss information and costs regarding WOKC live broadcast coverage of the Special City Election Candidate Forum. MDO — Moderate. Brandon Tucker. In talks with Ec Council to cover costs, approx. $300.00 Gamiotea, WOKC will live broadcast entire event for $200.00, that's for 2 hours. Recommended city renting a sound system and employees. 2 local sound system companies offered quotes of $400.00 plus employees. The amount is within the authorization and will be paid from city clerk's budget. VII. CITY ATTORNEY UPDATE JF, payment for Rodriguez case complete. Fire Dept still working on transfer issues, chief noticed medical review doctor. Charter, Articles 2 and 3 of the city charter. Roles and responsibilities of Mayor, Council, City Administrator. Form of city government. Role of city administrator, day to day roles. Table organization existing and administrator with more day to day management form. Flagler park Mar 8 first meeting, sunshine, public records. TCRLC April 22 required. They're all signed up from Port St Lucie broadcasted. L. Gamiotea Handwritten Minutes, March 2, 2021, Page 6 of 7 � VIII. COUNCIL COMMENTS WA, none. BJ, need to all speak up and get a good attendance at our town hall meeting. Flyers available MC, healthy start board for Okeechobee lost provider, lost doctor for pre-natal care. FL care no longer providing that service and a private doctor. Conference on Friday that Watford was involved with, less expensive place to set up an office may come back. Most needy women in our cammunity that need this service. DW, Andrea Metaling Ex Dir of Healthy Start, agencies from all out community, issue FL community health centers no longer offering services to expecting mothers. Can we get a provider who could provide. Dr. Stallers gave presentation. Andrea has stepped up and they may have found an office for him to set up in. MC, appreciate DW being on conf call, speckled perch festival, rodeo, amateur fishing tourney remind everyone they are coming. Great for the festival, going to be nice to have things opening back up, many events available to everyone. Going to be a lot of fun. MC, are we going to be in the parade? MDO we will send email out. IX. The meeting was adjourned at 7:32 P.M. by Mayor Watford. L. Gamiotea Handwritten Minutes, March 2, 2021, Page 7 of 7 CITY OF OKEECHOBEE, FLORIDA MARCH 2, 2021, REGULAR MEETING HANDWRITTEN MINUTES BY BOBBIE .1ENKINS I. CALL TO ORDER Mayor Watford called the regular meeting of the City Council for the City of Okeechobee to order on Tuesday, March 2, 2021, at 600 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The invocation was offered by BJ . � �s����17_l,C� Mayor powling R. Watford, Jr. Council Member Wes Abney Council Member Clark Council Member Jarriel Council Member Keefe DW , followed by the Pledge of Allegiance by PRESENT ABSENT _x_ _x_ x x X Covid-19 Quarantine City Attorney John Fumero _x_ City Administrator Marcos MontesDeOca x City Clerk Lane Gamiotea x Deputy City Clerk Bobbie Jenkins _x_ Executive Assistant Robin Brock x III. AGENDA AND PUBLIC COMMENTS A. Mayor Watford asked whether there were any agenda items to be added, deferred, or withdrawn; none B. Motion by Council Member BJ , seconded by Council Member MC to approve the agenda as presented. Mayor Watford_Y_, Council Members Abney_Y_, Clark_Y_, Jarriel Y_, Keefe Absent . Motion Carried. C. There were none agenda item forms or comment cards submitted for public participation for any issues not on the agenda. IV. PRESENTATIONS AND PROCLAMATIONS A. Ms. Bobbie J. Jenkins was presented with an engraved stationary set and a framed longevity service certificate which read "In recognition of your 5-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from March 7, 2016 through March 7, 2021." B. Mr. James Pickering was presented with an engraved mantel clock band a framed longevity service certificate which read "In recognition of your 15-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from March 6, 2006 through March 6, 2021." B. Jenkins Handwritten Minutes, March 2, 2021, Page 1 of 8 James was on the county narcotics unit for 6 years and has been on the detective bureau ever since, firearms instructor. Personal story-James is also a marine, stories involved mexico, Tijuana, federales, donkeys, but we can't talk about them. Keep our employees local. His family has a history, 3�d great henry hudson hancock, mayor 1930s, 1904 3�d voter in the precinct, magistrate and attorney, 2"d great grandfather worked st lucie sheriffs dept, line of duty shooting on death certificate, james' dad worked for OCSO in the mid 70s, worked for PD for a few years, older brother sport still works for OCSO, young brother worked for MCSO and retired, nephew is now a SGT for MCSO. Proud of you, make my job easy, really matters is the example you set. Wife, Ruth present. James-message from friend up north, disappointed he couldn't make it for christmas, speaking of santa claus. C. Mayor Watford proclaimed the month of April 2021 as "Water Conservation Month." He presented the document to Mrs. Libby Pigman with the South Florida Water Management District, which was read into the record as follows: "Whereas, water is a basic and essential need of every living creature; and Whereas, the State of Florida, . Water Management Districts and the City of Okeechobee are working together to increase awareness about the importance of water conservation; and Whereas, the State of Florida has designated April, typically a dry month when water demands are most acute, as Florida's Water Conservation Month to educate citizens about how they can help save Florida's precious water resources; and Whereas, the City of Okeechobee has always encouraged and supported water conservation through various educational programs and special events; and Whereas, every business, industry, school, and citizen can make a difference when it comes to conserving water; and Whereas, every business, industry, school, and citizen can help by saving water and thus promote a healthy economy and community. Now Therefore, I, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2021 as `Water Conservation Month' in the City of Okeechobee." D. Mayor Watford proclaimed the week of May 16 through 22, 2021 as "Water Reuse Week." He presented the document to Mrs. Libby Pigman with the South Florida Water Management District, which was read into the record as follows: "Whereas, safe, clean, and sustainable water resources are essential to Florida's environment, economy, citizens, and visitors; and Whereas, although Florida's water supplies are finite, the state's population and need for water resources continue to increase; and Whereas, water reuse provides a means for conserving and augmenting Florida's precious water resources and is key to the state's sustainable water future; and Whereas, Florida has established the encouragement and promotion of water reuse as state objectives in Chapters 373 and 403, Florida statutes; and Whereas, Florida's permitted reuse capacity is more than 1.7 billion gallons per day (approximately 67 percent of Florida's total permitted capacity for all domestic wastewater treatment facilities); and Whereas, the City of Okeechobee has joined with the Water Reuse Florida, the Florida Department of Environmental Protection, and the South Florida Water Management District in encouraging and promoting water reuse and conservation; and Whereas, the City of Okeechobee has implemented a water reuse program and encourages efficient and effective use of reclaimed water. Now Therefore, I, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim May 16 through 22, 2021 as `Water Reuse Week' in the City of Okeechobee." B. Jenkins Handwritten Minutes, March 2, 2021, Page 2 of 8 Llbby Pigman-thank you for reading, they're very long. On behalf of SFWMD commend you on water conservation. Don't have to do much to encourage that. We live with water and know how important that is. V. CONSENT AGENDA Motion by Council Member _WA , seconded by Council Member MC to approve consent agenda items A[February 2, 2021 and February 16, 2021 regular meeting minutes], and B[Approval of Temporary Street Closing for the Annual Speckled Perch Festival from 5:00 p.m. on March 12, 2021 to 10:00 p.m. on March 14, 2021 (Exhibit 1)]. Mayor Watford Y_, Council Members Abney_Y_, Clark Y_, Jarriel_Y_, Keefe Absent Motion Carried. VI. NEW BUSINESS A. Information regarding Florida League of Cities priorities and Home Rule, presented by Florida League of Cities 2nd Vice President/Treasure Coast Regional League of Cities Present, Jolien Caraballo. Jolien Caraballo City of Port St Lucie Council Member, President TCRLC, 2�d VP FL League of Cities. Disclaimers, first time I'm presenting. Home rule and the protection of the home rule. Very fortunate that Dowling Watford is a founding member of the league. Consists of 14 Cities throughout the Treasure Coast, Indian River, St Lucie, Martin, Okeechobee. Mission Statement will be updated, but she read the slide in its entirety. We are community involved, scholarships through IRWSC Endowment and Vocational Tech. Host delegation round tables. We've hosted a debate for the state legislatures, and we try to think of ways to educate our local populations. First and foremost priority is Home Rule, tracking filed bills each legislative session, advocate to protect our way of life on treasure coast, adopted fl league of cities 2021 legislative priorities. Priority issues (5 committees) Short Term Rentals-deal with agency partners who make the decisions for regulation and discuss the challenges. We're signaling DPBR agency may be the agency to lead this in the future, existing grandfather ordinances can be changed without affecting. affordable housing-legislature sweeps funds; really important that despite the economic positions, make sure they're not sweeping those funds, discharges of surface waters, annexation-my actual board worked on that facilitates the municipal annexation of unincorporated areas while protecting private property rights and respecting municipal boundaries, and sales tax fairness-basically there are two states that do not have a sales tax fairness rule, internet commerce. We want to ensure that doesn't happen, movement in the senate, passed 2 committees, still haven't had the house bill heard. Other bills of importance: Home Based Businesses (Oppose-Preemption) HB 403 and SB 266. HB 1 Combating public disorder (oppose-impact on municipal operations). This is your City, no one is going to care more than you. Legislators don't know how changing things at the state level will affect Okeechobee. You have a council and a charter and live here to make your own destiny, your neighborhood, your home, your quality of life. You trust us more to get things done than the state legislators. Key message with home rule is state shouldn't meddle in parking ordinances and local design ordinances. Example of legislation that hurts YOUR HOMETOWN: a bill that would have stopped cities form determining the appropriate location of short-term rentals. Legislators passed B. Jenkins Handwritten Minutes, March 2, 2021, Page 3 of 8 a bill that allows big telecom to profit from taxpayer-owned land. It gives big telecom the green light to stick their equipment, some as large as a kitchen refrigerator, along your street and in front of your house whether you want it or not. Legislators also tried to pass a bill prohibiting city design standards. The bill would have significantly affected the ability of a city to preserve the character of its traditional neighborhoods. FLC Virtual Legislative Action Week on March 15-19 To receive legislative alerts, text Home Rule to 50457 Weekly Monday Morning Call-ins for elected officials (3/1-4/26) On Tap at the Cap — legislative updates emailed every Friday during session Legislative Bill Summaries — available at flcities.com Post-Legislative Session Wrap UP on May 6 Need one of you to join our advocacy team member from Okeechobee. It would be nice by sometime within the next week or two to contact Patricia. DW-appreciate your attendance here tonight. Mimicked Tony Ortiz. MC-expanding on Home Rule for the audience. It would be nice if we didn't assume that they knew what we were talking about. Tag Line-simple answer is, this is your home so it should be your rules. Local control, home rule local body making decisions at the ground level, it's not like it's something given to us by nice measures. It's in your Florida constitution to allow cities to have home rule powers, make sure you can go to your local officials to solve issues. State preempts home rule takes the power away from your local officials. Right now you have a choice to go to your local officials, say yes or no, the minute you give it over to the state you lose local control. DW-thank you very much, different to be on the other side. : Motion to read proposed Ordinance No. 1222 by title only and set April 6, 2021 as the final public hearing date, amending Code Chapter 18, Code Enforcement (Exhibit 2). Motion by Council Member MC , seconded by Council Member BJ to read proposed Ordinance No. 1222 by title only. Mayor Watford_Y_, Council Members Abney_Y_, Clark_Y_, Jarriel Y, Keefe Absent . Motion Carried. City Attorney Fumero read proposed Ordinance No. 1222 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, ARTICLE II OF THE CODE OF ORDINANCES; AUTHORIZING THE CODE ENFORCEMENT MAGISTRATE TO CONSIDER FINE REDUCTIONS; INCREASING ADMINISTRATIVE FEES AS PROVIDED IN THE ORDINANCE; AMENDING OTHER REVISIONS TO REFLECT THE USE OF A MAGISTRATE; AUTHORIZING THE CITY ATTORNEY TO INSTITUTE FORECLOSURE PROCEEDINGS AS PROVIDED IN THE ORDINANCE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE." Motion by Council Member WA , seconded by Council Member BJ to approve the first reading and set April 6, 2021 as the Final Public Hearing date for proposed Ordinance No. 1222 by title only. DISCUSSION: The proposed changes to the City Code will streamline the code enforcement process to allow the Magistrate and City attorney to handle most matters without coming to the B. Jenkins Handwritten Minutes, March 2, 2021, Page 4 of 8 City Council for approval. The City Council is currently tasked with considering fine reduction requests and approval of foreclosure actions after non-payment of a code enforcement lien. Under these proposed changes, those matters will be handled by the Magistrate and City Attorney respectively without the need for City Council approval. All matters will be handled in accordance with procedures contained in Florida Statutes. In addition, the changes will increase the administrative fees for processing the case from $25 to $50 for first time violators and to $100 for repeat violators. The changes also include other minor revisions to reflect the use of a Magistrate rather than a code enforcement board. On behalf of myself and Carlyn, we are so thankful to have them on board, great job of cleaning up old files and modernizing the program. As part of that effort we're looking at the process. Code enforcement was hit and miss, see an increase in activity, documenting problems, and implementing solutions. In almost every scenario, a fine is imposed and following that there is a negotiation. The most important part is encouraging the people to fix the problem. Fine reductions are requested, cumbersome to bring it to the Council each time. Sometimes they hire an attorney and they negotiate, and in most cases these are routine matters and we're going to be establishing policies to handle reduction requests. DW-realized we didn't vote on the motion to read by title only. MC-section 3 of the ordinance that we strike out the last 4 sentences. I don't think we're ready as a city to let that go. I just have some concerns giving all that authority to the city attorney, the magistrate. I think it should come back to us. DW-amend that to say CEB to magistrate. JF-I think that's a great idea, there will be circumstances, high profile, it makes sense to bring it back. The last sentence in the last paragraph of section 3, unstricken, CEB insert word Magistrate or City Attorney. MC-do we really want to put the fees in the Ordinance. JF-very good point, unfortunately with this, when you apply something everything across the board, resolution has no teeth. Staff has no authority, and resolution has no authority to impose fines. It has to be codified. Make changes to schedule you'll have to amend the ordinance. WA-adopt a fee schedule and make it more streamlined if we need to change it. Page 2 of 4, line 4 it says Board in there twice, striking out board, Board be changed to Magistrate. YES. Section 4 18-35 (a) and (b) JF-came in and very strictly made changes, didn't want to re-invent the wheel. It is awkwardly worded. WA-page 3 of 4, line 2, it says city commission, should say city council. #7 authorize the reduction of any fine he or she has imposed. Are we going to give up control to the magistrate? Give them full control on reductions, or set up a fee type schedule. JF-it's a very good point. The idea here is, your policy decision, but ultimately that is, we're doing this in steps, program overhauled from scratch, having a penalty matrix is a good idea, take subjectivity out of this and put objectivity in this. There have been wild swings in the fines without a rhyme or reason. WA-all for having them correct the violation, and make sure we cover the costs as well. Should that be changed. What do we do today about 7. JF-in almost every case we get a request for reduction. How quickly they addressed the situation, the magistrate is in the best position because they've heard the whole case. The idea here is have the person with the most knowledge make that call instead of having it here with a presentation. B. Jenkins Handwritten Minutes, March 2, 2021, Page 5 of 8 MC-not have a matrix, matrix giving the magistrate the authority. WA-what do we do until then. Leave it as it is? MC-at this point, come before the Council. I just think we are in the baby steps of getting the code enforcement where it needs to be. DW-strike number 7. BJ-john when will we have a matrix. JF-its going to take at least a few months. When we do that we're going to bring back a full re- write so 4-6 months. Still training staff, and cleaning up old cases. BJ-leave it out and come back and change it later Dw-section 7 18-39 if I'm not mistaken, the current procedure is that it comes to the city council for approval. The council has wanted it to come before the council as they felt like its their authority, don't' know if it's the most efficient way, but historically that's how its been. Big step to foreclose on someone's property. BJ-problem we had in the past is when it came before the council and it was approved for foreclosure, it was never filed. Consistent and we need to follow through. Leave it in. WA-90 days after we issue the order for foreclosure? Come before the council. MC-don't have a problem with the attorney doing this. Temporary basis bring to city council, but only until we get it streamlined. People need to understand that we are serious about code enforcement. Leave it out until we rewrite the ordinance. DW-consensus to take that out MC-think it's really important for the audience to understand so it gets out in the community. Public comments: none Mayor Watford Y_, Council Members Abney_Y_, Clark Y, Jarriel Y_, Keefe Absent Motion Carried. Major Hagan-say I think a little pat on the back for ourselves for the people we hired. Anthony Smith, Christina Curl. Both of them are going to be trained very soon. Florida Association of Code Enforcement will be having classes this year. This is going to be a long process. COVID set everything back. Trying to setup virtual classes. Very good job educating themselves so far. Distributed packet (get copy for record). First page is basically the steps in laymen's terms. The front page here shows the steps code enforcement takes from the day the complaint comes into the day it goes to the magistrate. Anthony — basically states that when we have a complaint, we gather information, take photos, moves from there we send out a courtesy card and allow them 7-14 days depending on what needs to be done. Will be inspecting, compliance is number one thing. I want to stop it as soon as possible. We then move onto a statement of violation/notice of hearing. Forms have been combined. Given 2 weeks to correct the violation. Also provides them with a hearing date. Trying to give them proper notification. Reinspecting the property. Trying to get them to come into compliance. They can present the evidence to the magistrate. Magistrate can make the decision. Depending on what the magistrate decides, lien may be filed. Given 90 days to come into compliance before foreclosure letter sent. Hagan-both of them have been educating themselves. Very knowledgeable already. Have any questions, reach out any point in time, stop by office or give us a call. WA-how do you keep track of all of your violations? Software? Hagan-in the old way, it was a lot of files. Software program-they've sent training to help them adapt to the new system we are using. Pull a complaint in spillman. Everything is digital. B. Jenkins Handwritten Minutes, March 2, 2021, Page 6 of 8 JF-a year from now, present performance standards. It was literally impossible to ascertain the process. Performance criteria is tracked in this software. WA-I know a lot of your work is reactive. Do you try to set a certain time for proactive. Anthony-we do routine inspections in the city weekly in different sections. Hagan-one of the main things we are getting requests on, you'll have businesses open up, and when they open they show their landscape plan, years go by, things fall apart and taper off. One of the things is we're going to start holding them to the original standards that were approved. BJ-one of the issues is we require landscaping, aft4er they plant them, 4 months later, plants die. Look at permitting, sprinkling system requirements. RP-personal history of employees. AS-been here since 1998. Navy Veteran 1987-1992. CC-local born and raised. Worked for the City before Dispatching. Work PT at the hospital. C. Discuss information and costs regarding WOKC live broadcast coverage of the Special City Election Candidate Forum. MDO-working with economic council to cover the costs for WOKC. LG-WOKC has offered to do the live broadcast for the TH mtg and forum for $200. Hours have been estimated at 2, and then in addition to that there is not a PA system in the auditorium, strongly suggest a production company. Contacted both companies. Bring the rental equipment, employees' setup and take down, cut the mics off at allotted time that were supposed to. One company has experience with the forums. The other company has not done one. DW-you have discussed with the ECOK to cover the costs. They have offered to moderate that. MDO-Brandon Tucker to moderate. WA-are they going to cover all costs. MDO-might have to up the time. VII. CITY UPDATE JF-speaking of Code Enforcement, you've approved the Rodriguez agreement. They have paid. Fire Dept, as many of you are aware, still continuing completing things for the transition process. Recently had to close out the Medical Services Contract provided 90 day notice. CCRAC moving forward, the next meeting will be reviewing articles 2 and 3. There will be a continued robust discussion of the form of city government and the role of the city administrator and city council, hiring and firing of department heads, table of organization has been created for administrative form of government and what we have now. FPDRAC first meeting March 8t" and I will be making a presentation on ethics, sunshine and public records law. Still have TCRLC has asked me again to present the ethics training again on 4/22. Broadcasted from PSL City Hall. Limited attendance 30 seats. Great to have a little bit of an audience. VIII. COUNCIL COMMENTS WA-none BJ_all speak up and get good attendance at town hall meeting. Important going to be a good meeting. Glad we're working on code enforcement. MC-I just want to give an update on healthy start board. We have lost our provider in Okeechobee. Two areas where women could go for prenatal care. FCHC no longer providing service and a private physician. I think there was a conference that Mayor was involved with. Less expensive place to setup office the dr would be willing to come back and provide service. The most needy pregnant women to get prenatal care. B. Jenkins Handwritten Minutes, March 2, 2021, Page 7 of 8 Dw-andrea medellin, ED of Healthy Start organized this conference call. She's done a great job trying to promote it. FCHC no longer provides the service, the issue was if we could get a provider that could provide the service. The conference call was very productive. Dr. Stossel gave a great presentation. They think they have found a location, share an office with another dr. They have found him an office that would probably fit his budget. It appears we may be able to keep him in the community. Appreciate the service healthy start provides for the expectant mothers. MC-next weekend speckled perch festival, rodeo, amateur bass pro with 500 fisherman and want ed to remind everyone they were coming. Nice to have everything opened back up. IX. The meeting was adjourned at 732 P.M. B. Jenkins Handwritten Minutes, March 2, 2021, Page 8 of 8