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2021-02-11 Minute Packet��... , .� - , � . , ,, . : - ��,. = �� `�--.,,..��' �U'a,�� ,�ia�# n'��l�fCf_C � i�v �;_,.� ,�,( S trt !�t ► �cC� �r' � �-�������%���t.��.� 1�7.�ar�'��;�15 CITY OF OKEECHOBEE CITIZENS CHARTER REVIEW ADVISORY COMMITTEE FEBRUARY 11, 2021 OFFICIAL MINUTES I. CALL TO ORDER Chairperson Ritter called the February 11, 2021 meeting of the Citizens Charter Review Advisory Committee (CCRAC) for the City of Okeechobee to order on Thursday, February 11, 2021, at 6:30 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The invocation was given by Member Chandler, followed by the Pledge of Allegiance. II. ATTENDANCE The following CCRAC Members were present: Suzanne Bowen, Noel Chandler, Jamie Gamiotea, Jeremy LaRue, Sandy Perry, Cary Pigman, Gary Ritter, and Myranda Whirls. Member Hoot Worley was absent. Ex officio Members Marcos Montes De Oca and Wes Abney were present as well as City Attorney John Fumero, General Services Coordinator Patty Burnette and Executive Assistant Robin Brock. I I � i�i LI_►1��.��.� A. Motion by Member Chandler, seconded by Member Pigman to dispense with the reading and approve the January 7, 2021, Regular Meeting minutes. Motion Carried Unanimously. IV. NEW BUSINESS A. Mr. Montes De Oca gave a brief overview of the new CCRAC page created on the City's website. Page will contain agendas and minutes of the meetings, names and email addresses of the members, an email for the general public to send comments and questions to as well as some general information regarding the City Charter. He inquired as to what other information the members would like to see on that page. Suggestions of including the exhibits with each agenda, adding a link to access the Municipal Code of Ordinances, and adding a badge on the home page to take a person directly to this page were given. B. Members discussed in detail a draft copy of a Citizen's Bill of Rights prepared by Attorney Fumero. Each paragraph was reviewed, and comments were offered. Ideas to add a preamble, definitions, to make public records accessible by whatever means is available, the actual vote on each Ordinance adopted, and include regional boards under representation of City and public. C. Members discussed Articles 1 and 2 of the model City Charter prepared by Attorney Fumero. Update is needed to the corporate boundary to include annexed property in the Northeast section of the City. The Committee would like to see an organizational chart to fully understand the City's current structure. Members expressed mixed thoughts on the different forms of government. DRAFT CCRAC MirvuTEs, FEBRUARY 11, 2021, PAGE 1 OF 2 D. Committee members discussed topics for the next meeting to be held on March 4, 2021. Members would like to see the current organizational chart, receive some historical information regarding Department Heads in the past being directly under the Council and when and why that was changed, discuss Article 2 further and discuss Article 3. V. ADJOURN MEETING There being no further items for discussion, the meeting was adjourned at 9:20 P.M. Submitted by: Patty M. Burnette Approved on: Please take notice and be advised that when a person decides to appeal any decision made by the Citizens Charter Review Advisory Committee with respect to any matter considered at this meeting, he/she may need to ensure 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. DRAFT CCRAC MiNUTEs, FEBRUARY 11, 2021, PAGE 2 OF 2 s � ��������� ���• ��� Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 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,�� ri a, tha.� e ttached copy of an q_��Q advertisement being a � � �,.1ti��� �� �"'� ;���,� ,�� in the matter of � ��� ����>� r� _ 1 �,'`��L ��� � r� �c� ���'��-� � � �-' "� � � i P6 rj ��: i �1� .��' �6 7� l M. � `� ` 1::%�' �e' qa �!��' 4 ��... {"'� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of . . ' � � ry��b`l � ^ 1 � ��rd �. �i � 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. � •' � � , , �; , ; .. , - ,� � , C� , <'' ('� i="'ti!-�..1. 7 t''�'-'"'-'�.. s ✓ �•2��L�--> � d Katrina Elsken Muros Sworr�, to and subscribed �e�flre me this �� � � �f����� �. day of � - � � � a' et � � ,�.�- �:,� � AD � Notary Public, St�a�te of Florida at Large � Y . - : �;�"•:":4;� , ANGIE BRI�GES : , MY COMMISSION # GG 97i582 =:�,�P" EXPiRES:Apri120,2024 I� �'�OF,F��� Bonded Thru NoNary Public Undenwriters c�noFo►�Ec"°sEe piAKiERREVIEW CAMMQT� ��w'��m�d��Ra�sa,��� �� � u,��r � v�, x czv r+ai, �ro �a m��'��'�i�a � ������. rr,� �ano ra, w�d m�ow am ��� �o ���������^� �m���, r�+'� � �"x,� ���,� ��a � N�a�ure a �erl�ahn rav�d �f tlie P�� �� 6e ba�ad. In tlie LL�N � �� Pd. P�� �' � � v�h tlie P�� "^�� i�dN9 � � b� (���� �I�� ��� �_� �� �a�v�m MAY �� 7�pAI � AT 7FU5 M�TT�' ��M7D R�E �o r�r srn� wis�� r+an� ��5 a� �: c�y w� cn�m,m� °ar 4544730N 1(L7%L�1� . m ,� ��,, y=....�--�-L.,:._;,�,�, �, �������''` �, , � � � � �, r' '•�� ���� ' t�,���� ,.a � ,����� � � � s ��LL- � ,��� ��.E' . , � f,_ � „� ';�f�`-,...� _. `. � , G� ,�,' � , ':, ` . ``` � � , ._'7 ' _ �_-� � j3 �a� �� �, ��v ,'��'��iiriy • 4 � ,��// � � � � • \ • � � � `� •'���, . � � � _ ���'''","`//I'��� • � NOTICE: The City of Okeechobee's Citizens Charter Review Advisory Committee (CCRAC) will conduct a meeting on Thursday, February 11, 2021, 6:30 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL. The public is invited and encouraged to attend. The agenda may be obtained from 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 General Services Office in person or call 863-763-9820, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. ONE OR MORE CITY OF OKEECHOBEE COUNCIL MEMBERS MAY BE IN ATTENDANCE AT THIS MEETING. THIS NOTICE IS POSTED TO MEET STATE PUBLIC NOTICE REQUIREMENTS AND SUNSHINE LAWS. By: Lane Gamiotea, CMC, City Clerk POSTED: 1 /22/21-BJ CITY OF OKEECHOBEE CITIZENS CHARTER REVIEW ADVISORY COMMITTEE FEBRUARY 11, 2021 HANDWRITTEN MINUTES BY PATTY BURNETTE I. CALL TO ORDER Chairperson Ritter called the February 11, 2021 meeting of the Citizens Charter Review Advisory Committee (CCRAC) for the City of Okeechobee to order on Thursday, February 11, 2021, at 6:� P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The invocation was given by N� , followed by the Pledge of Allegiance. II. ATTENDANCE Chairperson Gary Ritter Vice Chairperson Myranda Whirls Member Suzanne Bowen Member Noel Chandler Member Jamie Gamiotea Member Jeremy LaRue Member Sandy Perry Member Cary Pigman Member Hoot Worley PRESENT �; � ,�. �; v' . � �� ✓ ABSENT �� � '.:,�,;,��s � � � -tc�� b :xl�t.�✓t.�F���, �AS ����,� �,�, ��f �� City Attorney John Fumero '✓ �� ��1 �``'��� Cit Administrator Marcos MontesDeOca ✓ �r�nP:;�' :.: � y � General Services Coordinator Patty Burnette ✓ Executive Assistant Robin Brock � _ �.,. . � � ,. . , , �X �l , � .�J � i � . � v'�, � !� � , ��,=�� � , ,. ; ___— _ _-- III. MINUTES � A. Motion by i�-Cr , seconded by �" � to dispense with the reading and approve the January 7, 2021, minutes. Chairperson Ritter '� , Vice Chairpe�on Whirls `'`� � Members Bowen �, Chandler�. "'LaRue 'j Perry v' Pigman �` , Worley `�'�'s�n� ,_ Gamiotea , , , Motion "Carried%Denied. �--= IV. NEW BUSINESS A. Update regarding webpage and assigned City emails for committee members. ���0- (,�� lJ'`,ti� I` � � .- , , ��'� -� . � /�GL�taas � !� � F'l �c�-�g 1�U5�:..� t , � r�.. � J V���-� �l� wa���d (�� r� r��r�nn i i�e e ��C.Q. � d � 2, � �a� � r� � � �t�' �' � �' �� � � �n I� �Ft9 r �'� �-" ;��.i C� (z'� �'� ,� ��� -- < < `1TC, � Q P71�-� '� ` � ���� �—�� , �� : , �, ,'r��J �° ����� �`"�i'�1� �'0;'�fr��Ti��' ��`���YYIC.I.I.�� �1�'��,�' � ,, �� t�° � �, _ �� — �� � � �� � ��` � � :i :. ' �� fs � �;t��.�� � � ,� �s� bu C \ ��Oc�+g� D�� r rL n�� h � n�� ����ri2C G�o1�- 5�'m�' � h � ���� ���a-+ J�<'.�'i �Q� � � (s ���'��� C�UC✓� IS�c� . � � .�;,:�:,,. i�r���� � ����� �,=-����. �'U�on��r��;= �� d.15��`����cf�. � �� U ��� � �fi� Q fr`�C�`':.��`�-� �� --�� � t t`�-i� I(1'1� r� lo� �s �;�� ��a 1C� ��u C� � r���f C� ��� � .� �d ��,� I � ��S �J 51 � � ��� �1 - �'� ��� �1��-F �r�,��� R"r =�J P. Burnette Handwritten Minutes, February 11, 2021, Page 1 of 5 r S4' �� �` ���:� iA-��� �- B. Discuss draft Charter Citizen's Bill of Rights. �, .. : �r�: �� < E; , ( � ;�;e r � j� — �-j ���:� -� c� �--� � , � i ..� � - � _ - �� �� w1�� � C�-c-�ec f � � (� �,�,� � � G� l i�Pr � � �� _ j �� �c c�'z( ot,�;� � �� � i �a,,� cc�� i � rc� hf3 � P �- ��+ C �ea-��� �n-� P � � ��_ � f���� ( �cc C� � � � ; �'� C �''s �j,�,.�.,t �'�F F\. ,,, �2, �S�- �',�r�.,�C.n�.�. 0� Su,n� �.{ (s��. C��aS i2�-��Ck�� ��1s�,es�i,�wP�, � QS IC r � � �`�"�_. `�. ��)- ! .� . - �.�ug��.tc�r '� � d� � �� t � F� -�- i 1. i y,�i rv�ir'��1e � � ���n � � � t,��.• � � ��� �-�,,,� ���, p�oP . ��— i.l)��CC$ Creti� � �� , , �Qr�t� G��r���r�-���� s�V,,� h-�-��; ��ir������� . , , � , ;, . � �_ � � , �. � � gove,�� � � � � �� �� � , , J�� � (� (f �7� �"' � u �t I���;; �Q'Y�V�I"j� IUrlS ����r���` � �,-}� `� � �. �"u�'Fd�l�i'J, _ � �) � �� �J �� � /� h �1�a�,��q{/'- � � � � C '� �' f L$.� � � @ .( �.� �,. r-, i,=, . �l� L� L � CJ I d �! 0 (�, � � ►'10+� '(,�,do�,�u� c��„ `�� � �� t �� / � 1 �U( P UP �/ ��� ,, 4� �� ,�,,�u.�ts � r�o���cQ� � recn�c� a►�d I ��- �: . � � � ��Ien , i� � � �h�n � � �.- P,n (,_ un� � 1f, .r� � ��, �e � � f � C� Q � �� C1 ►" C V , G ��!�.i .�� ,�� � ��� � — � y � ����;�.)t� r��,�z � w ._::��� � � �;,, . ',-. ��i3CUfr�f���`S � 1/ � s�� a. i d �CJ�-+.r''�l C�� IT� a �e. nc� ; { � � f _;� ;, ,�,,1,� �� ! :;�., �_� �k.� � '`� S� ad�1 � Q.i' �� ' �"L'i� ���`_' �CL(�f �i,? � " r_�� ` �ll� ( . � � � n �l t �vha.�'�'r f�"i����_'� �� � _' � � ��k�� a�-���,^ !� ���` ���,F4 �����_ ���� f �c rn �c�,rc�a �� �e� --I b e. h� �. ,.e1 6 , � ` ` ,e� y'j`�'�J`iaC.kS � =�,`�F � ,� ;� �.i � f ��,i�l ���:,.: �� - �Q �'�`u� llu�'�cis..�`%:-<�c:�.f_'�..�r � � � �� p ; P„1' �1'� • �( �(7-t� _ `i�`� I N`Q � (� W(S�) �',� F, �` °.' �,,. �- do� � ��. �y ��,,�r�, — a c��� , l � �nc�; �-h2 (e Fe �cnc� � �'�� � U r�� � � ��r�� (� f CL l� � �� �_ + '; � ( ,�� �G- �(oe� ..� — k: �� , `, ` �) �K_.. � ��..� Vi D�i � � � � �S i f,��, n'�a�'� ,,r (�1�(.t.v�a-'Lc� ��� � �"Ec���.rA i��f �'�"t� r � Q.h saY IJ����S `J �� � -�ZCSU�� �c'w. , � �e(J�U2� �0�(' El�l� �'��� � �l.l. 1F'-� e eP� d � � ^ �"4= �` , °I 7 _ � � � r � � �� �C�SS i� �S �U S�' �' �� _i �'' ����� {f-1�'`I�� � {� ��. lS ���� �.. _, �r-►2 ��� r �(:','1 ` �, �:�`'� �'L�d�"��' f ,� < < �-�� �t is �os« � V l � ►) �j�,c�,P �f �►A-vn rvt ct,vt� �-h , ; ,, ,,�����c , '��r,� �I..�� tI,UL� 4 ��'��'� I. �� ��� [ '_' t- I� P G ��� � � C�'�1 ��!"� 6Y�! �.� � t i �'le, � i!: 'J.-� - - � - � � � �,��� �� � :i -re SFu)MD �Vl.��fi�'�.. ura ic i �En�� �,�r.e �P,���tfis (p�' CJ.Ut' S , �-� inc� , �u.�" °' � '' �' � • 1 ,, � , J✓.�n�n � l ;i�, ' � � � _. � , ", �'` ;��.�t �,�.., j � �i x(r P. Burnette Handwritten Minutes, February 11, 2021, Page 2 of 5 , ., , Q� m,uch ar�d as Qucc�� o:S p05s��1� �ti.� ��, � ; . � �_ �_ � �.(� _ t're�'��`� � da,t¢ � � � r� r� � �Q � ����.t�.� !��1 .� ���-�eC �� �� � l,� ( e mUaQ d� J � - ��( IJ � � � � �� r� iew� �c_ °�� �. � �Cp _ :.�l��ru.� �1 ����CS S�' c�r��-- (��� �� • (j v �2 c'L (1¢ �,,�c� � h v� t�� D f ,' � r�� ���� � o �, C.� C.� ..1 � 1,J C. Discuss Article 1 of Model Cit Charter. , qr ��'�-� �`���' y ��! �f- n �.�1ct-� l. `� ,� �, � ,� . 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Burnette Handwritten Minutes, February 11, 2021, Page 4 of 5 C p_ � Dl�.p� (,v l,�-b� �`��-f �� � � �� , �1 r�,� � l�,r� � �. r � �:, � � E.s�?, �� . 6l �,� s , � r � �. u C2C� f e�t. S l� ,Lt � E^�? I;v . � r,�� .,., GL �-"f�c r G_ a�r.�s r;'��� � c, � � F� S� — �'��31 r �v-f �F : G_�v�ti� � �., T �r� w� r1U v, � ��: ,,��`�1�� ��� . ,_ UY � r Z�cfi � ���� � -F �u a J ,� � � � � � � ���. �� ,Q � � �,� '' ��� �`��� � � �, �� �� ��-� s �'Ct � ,,�. � �-u,t� � e �- �p�`�" C I��-✓� Ad��. <<�-raTv r s r c�.e. �� �-a, _ ���� �Yl � Y� cl c� - � � � _ �� r �-��� � �, � � a� �,� ' � � �� - , . ���,�_ < < y� �-�-� � �-� ��� ; ��'��_ �- � �.,L_� �{r�_ ( 5 yy,c,u �C � �� � � � ad. �� h ! rer� � P� �° a� ����� � ��5�� �1�� � �,P Vi1 ��) ���� ��'�, a, c� I-�- �� C � `fZ) r s�`1 �� 0��"1 rV�2 Itfi Pd�'��:, r� � s�-rr� n�-e ,a,t�,. 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Discuss upcoming meeting dates and consider next agenda items. �� �' Chairperson Ritter adjourned the meeting at __ '� � P.M. / J�� — �.-�- � � ` • � �� S�"� i -{-o �✓ U.,vt � r a�" i a� cU@ (�`� , �. w-��U F� �. i�-P � � �������`�������1�� 'i'� GG� �E� ��I�c�, E � � r0r�a � �- �- ��ecv � O,�GQ,,� � �.a ft � ���� � v-��-��t,��s J � o �,.�q�vn �o �. � ,. -- U ��� i "�C�,7 P G �'tA._ � � � ��Cc t ; U � ,. { f�, A � � f c � .�r r, r''?�t ' -- � �� , � g5 �� _ ' , y"` ` �is.�Yti� �� _ ��� �� i ; �� � � � � � _ �O�_ Cz�t �� c �' ( � J � ` e � � �� , r' ��, r'e. � �� . �� ��`�,�U/�.� ��-ry,(�_ i1� ��� ��':�� �, ��� : � �:� �.>�;k� (� ��� GC AC` Y t C� �7s� �o� w � � � �i re���c: .. D�1 �i �'�=�c��.. U� ;� __ mv��`�r'" �'� �,�,,�rr ���i�� i'�2�a��C� � `�i SC�,�_�� -�rf�� 1e �, .� v-�l � � f� �r ;.,t:_ [ �� �^ "� � � . r, �Y1CC ►`C� � � �' @ LC � :JO p �t P. Burnette Handwritten Minutes, February 11, 2021, Page 5 of 5 ,,. _� 7/. � �r _,cS� I. CALL TO ORDER II. ATTENDANCE CITY OF OKEECHOBEE CHARTER REVIEW ADVISORY COMMITTEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 FEBRUARY 11, 2021 6:30 P.nn. OFFICIAL AGENDA III. MINUTES A. Approve the January 7, 2021 minutes. IV. NEW BUSINESS A. Update regarding webpage and assigned City emails for committee members. B. Review draft Charter Citizens' Bill of Rights. C. Review Article 1 and Article 2 of Model City Charter. D. Consider agenda items for next meeting. V. ADJOURN MEETING Committee Members Suzanne Bowen Noel Chandler Jamie Gamiotea Jeremy LaRue Sandy Perry Cary Pigman Gary Ritter Myranda Whirls Hoot Worley Ex Officio Members Marcos Montes De Oca Wes Abney PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the CCRAC with respect to ��ny matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony ancl evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needirig 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. �e : �e ��- � I; ��-,.,�� n F. .' . � , �oal ~ S Patty Burnette � From: Sent: To: Cc: Subject: Attachments: Dear CCRAC Members- City Attorney Monday, February 8, 2021 5:52 PM John Fumero Marcos Montes De Oca; Robin Brock; Patty Burnette For upcoming CCRAC Meeting EXCERPTS TAKEN BY JOHN FUMERO FROM LEAGUE OF CITIES.DOCX; CITY CHARTER ARTICLE 1 JJF DRAFT 02.docx; CITY CHARTER ARTICLE 2.docx; BILL OF RIGHTS DOC JJF DRAFT 02.docx We are now at the point of beginning substantive discussions concerning the city of Okee��hobee charter. These discussions will involve a wide range of issues starting with the basic form of government (see attached and email below) to be followed by the city, elections, referendiams, city administrator authority, budgets and budgeting, ethical standards, competitive bidding, cit�i clerk position, and a number of other pertinent issues. For this next meeting, the focus will b�e on the Citizens Bill of Rights, as well as Article 1 and Article 2 of the proposed city charter„ Please note, these draft city charter provisions are nothing more than a starting point for f�arther discussions. In several instances I made certain assumptions and recommendations, all of which are subject to your review, discussion, and approval. As always, should you have any questions or comments, please do not hesitate to contaci: me. John J. Fumero CITY ATTORNEY ��l l�� f�'� ��������� � �;.�.�. ��.������ . � _',�:j ��I'�'��I S From: City Attorney Sent: Friday, January 8, 20214:32 PM To: John Fumero <jfumero@nasonyeager.com> Cc: Marcos Montes De Oca <mmontesdeoca@cityofokeechobee.com>; Robin Brock <rbrock@cityofokeech�obee.com>; Patty Burnette <pburnette@cityofokeechobee.com> Subject: Form of government models As a follow-up to the January 7 2020, CCRAC meeting, I excerpted the attached inform�ition from "The Florida Municipal Officials' Manual". This publication of the Florida League of Cities wras prepared with the assistance of the Florida Institute of Government. The city council also h�as an oversight role that varies in its responsibilities based upon the form of government specii�ied in the charter. Therefore, as part of the charter review process, the committee should look at the city of Okeechobee's form of government. While the attached excerpts identified 4 potential forms of government, there are primarily only 3 forms of government that are in common usage today. Those 3 forms of government are outlined below, and addressed in more detail in the attached document. A municipal charter is the legal document that defines the organization, powers, functions, and essential procedures of the city government. The charter also details the form of government, of which there are 3 basic forms: council-manager, mayor-council, and commission, 1. Council-Manaqer Characteristics include: City council oversees the general administration, makes policy, sets budget Counci! appoints a professional city manager to carry out day-to-day administrative operations Often the mayor is chosen from among the council on a rotating basis This is the most common form of government. 2. Mavor-Council Characteristics include: Mayor is elected separately from the council, is often full-time and paid, with significant administrative and budgetary authority Depending on the municipal charter, the mayor cou/d have weak or strong powers Council is elected and maintains legislative powers Some cities appoint a professional manager who maintains limited administrative authority This is the second most common form of government. It is found most/y (but not exclusively) in o/der, larger cities, or in very small cities. 3. Commission Characteristics include: Voters elect individual commissioners to a small governing board Each commissioner is responsible for one specific aspect, such as fire, police, public works, health, finance One commissioner is designated as chairman or mayor, who presides over meetings The commission has both legislative and executive functions The commission form of city government is the o/dest form of government in the U. S., but exists today in less than 1% of cities. Please note that I will be providing you with additional information regarding forms of government but I wanted to get this initial draft you for your information as soon as possible. Have a great weekend! Subject: CCRAC 02 11 21 Agenda and webpage information Good afternoon CCRAC Members, Attached is the agenda for the February 11t" CCRAC meeting, along with the draft minutes of the January 7, 2020 meeting for your review. We now have the Citizen Charter Review Advisory Committee (CCRAC) webpage set up on the City of Okeechobee website. We also have city emails assigned for each of you, along with a separate CCRAC email for the public to send questions or comm��nts. We will have more information for you at the meeting on Thursday regarding your city emails. The Committee email address for the public to use is charterreview(c�cityofokeechobee.com. In the meantime, please take a look at the CCRAC webpage. Just click on the link below. https://www. cityofokeechobee. com/charter-review. htm I If you are unable to attend the February 11t" committee meeting, please let me know as soon as possible. As always, if you have questions or concerns, do not hesitate to contact our office. Thank you, Robin Robin Brock Executive Assistant �`t�� v� oke+�chobee r�oH,c�:,.- ,��,. 55 SE 3�d Avenue Okeechobee, FL 34974 Phone: (863) 763-3372, ext. 9812 Direct: (863) 763-9812 Email: rbrock(a�citvofokeechobee.com Website: www.cityofokeechobee.com NOTICE: Under Florida law, email addresses are public records. If you do not want your email address release�� in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Nlost written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. �/Nno. � 1- : , r- ��,, = �,� '•-��ti....�� CITY OF OKEECHOBEE CITIZENS CHARTER REVIEW ADVISORY COMMITTEE JANUARY 7, 2021 OFFICIAL MINUTES I� CALL TO ORDER Member Ritter called the regular meeting of the Citizens Charter Review A��visory Committee (CCRAC) for the City of Okeechobee to order on Thursday, January 7, 2021, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast 3�d Avenue, Rooim 200, Okeechobee, Florida. The invocation was given by Member Chandler, followed by the Pledge of Allegiance. II. ATTENDANCE The following CCRAC Members were present: Suzanne Bowen, Noel Chandler, Jamie Gamiotea, Jeremy LaRue, Cary Pigman, Gary Ritter, Myranda Whirls and Hoot VVorley. Member Sandy Perry was absent. A. Election of Chair Member Ritter opened the floor for nominations for Chairperson. Member �Norley nominated Gary Ritter. The nomination was seconded by Member Whirls together with a motion to close the nominations. Motion Carried Unanimously. Chairpersori Ritter opened the floor for nominations for a Vice Chairperson, which is addressE:d per Resolution No. 2020-10. Member Worley nominated Noel Chandler, which he respectively declined. Member Bowen then nominafied Myranda Whirls. The nomination was seconded by Member Pigman together with a motion to close the nominations. Motion Carried Unanimously. B. Given all members were not present at the initial meeting, each one intro�duced themselves, shared some information about their background and why they warited to serve on this Committee. III. MINUTES A. Motion by Member Pigman, seconded by Member Chandler to dispense with the rE�ading and approve the December 15, 2020, Regular Meeting minutes. Motion Carried Unanimously. IV. NEW BUSINESS A. City Attorney Fumero briefly reviewed Resolution No. 2020-10 again for the ber�efit of the committee members that were not in attendance at the initial meeting. This pr��vides the outline of the Chair and Vice Chair duties, attendance requirement, the purpose of the committee, and a timeline of at least one year. Attorney Fumero explained once the Committee is ready with their recommendation, it will be presented to the City C��uncil. The City Council can then choose to amend/modify the recommendations. The result will be formatted into one or multiple ordinances and placed on the ballot for the voters to decide on adoption. Chairperson Ritter inquired as to who the Committee Sec:retary would be. Administrator Montes De Oca clarified support staff in which Patty Buirnette will be taking the minutes for the Committee. Administrator Montes De Oc,� and Executive Assistant Robin Brock will be the points of contact for the Committee. CCRAC MINUTES, JANUARY 7, 2021, PAGE 1 OF 2 IV. NEW BUSINESS ITEMS CONTINUED B. Attorney Fumero reviewed the current City of Okeechobee Charter that was provided to each member by the City Clerk's Office. He explained the three basic forms of government: Council-Manager (Weak Mayor), Mayor-Council (Strong Mayor) and Commission. Strong mayor being mayor-council form, which is directly elected by the citizens to that office; weak mayor being council-manager form, which is elected from within the city council, and commission form, which voters elect to a small governing board. Usually in a strong mayor system, an elected mayor would have direct administrative authority over the government and its departments. Under a weak mayor system, an appointed city manager would have that administrative authority. He pointed out the committee would need to decide whether to review and make recommendations for changes to the current Charter or start from scratch and create an entire new one. C. Sample copies of charters from the Cities of Crescent, Hollywood, Palm Coast and Sunny Isles Beach provided to the committee members by Attorney Fumero were discussed. D. Administrator Montes De Oca mentioned the new Charter needs to be clear, consider not specifically listing department names, and to receive public input. E. The City will be creating a page on the website specifically where citizens can learn everything that is going on about the review and provide feedback. Each committee member will be provided a city email address to be used for conducting and receiving correspondences related to this committee. Attorney Fumero mentioned again about the "Sunshine Laws" and not to "reply all" back to emails that they may receive. F. Chairperson Ritter announced it had been determined at the initial meeting that future meetings would be held at 6:00 P.M. with the next one being on January 28th. Given some members that were absent at the first meeting having conflicts with that date, new meeting dates of February 11th, March 4th and 25th were decided upon to start at 6:30 P.M. The Committee requested for the next meeting, a template of the current charter from the City Attorney to include a table of contents and a Bill of Rights section. Attorney Fumero commented he would be drafting a model city charter, based on his research of modern city charters in Florida, to be used as a starting point for committee discussions and development of charter amendments. V. ADJOURN MEETING There being no further items for discussion, the meeting was adjourned at 7:26 P.M. Submitted by: Patty M. Burnette Approved on: Please take notice and be advised that when a person decides to appeal any decision made by the Citizens Charter Review Advisory Committee with respect to any matter considered at this meeting, he/she may need to ensure 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. CCRAC MINUTES, JANUARY 7, 2021, PAGE 2 OF 2 JJF DRAFT 02/08/2021 CITIZENS' BILL OF RIGHTS CITIZENS' BILL OF RIGHTS A. (a) Orderly, efficient and equitable governance and operation of the City is enhanced when ther�e is informed participation of residents exercising their rights and responsibilities, and for residents to respect the dignity of public office. In order to provide the public with full and accurate information, to promote efficient governance, to ensure accountability, and to provide all persons fair and equitak�le treatment, the following Citizens Bill of Rights are established : i) Truth in Government. No City official or employee shall knowingly furnish false information on any public matter, nor knowingly omit significant facts when giving requested information to members, of the public. ii) Public Records. All audits, reports, minutes, documents and other public records of the City and its boards, agencies, departments and authorities shall be open for inspection at reasonable times an�� places convenient to the public. iii) Accessibility. Every person should have the ability to transact City business with accessibility anci convenience. The City Council, the City Administrator and all City employees to provide reasonably convenient times and places for required inspections, for transacting business with the City, and for registration and voting. iv) Minutes and Ordinance Register. The City Clerk shall maintain and make available for public inspection an ordinance register separate from the minutes showing the votes of each member on all ordinances and resolutions listed by descriptive title. As a general rule, written minutes of all meetings and the ordinance register shall be available for public inspection not later than 30 days after the conclusion of the meeting. v) Right to be Heard. While maintaining orderly conduct of public business, any interested person has the opportunity to appear before the City Council or City board or department for the presentatiori, adjustment or determination of an issue, request, or controversy within the jurisdiction of the City. The City Council shall adopt agenda procedure and schedule hearings in a manner that will enhance thE� opportunity for public participation. Nothing herein shall prohibit the City from imposing reasonable time limits and procedures for the presentation of a matter and to ensure orderly meetings and pr��per decorum. vi) Right to Notice. Persons entitled by law, ordinance or resolution to notice of a City hearing shall be timely informed as to the time, place and nature of the hearing and the legal authority pursuant to which the hearing is to be held. Copies of proposed ordinances or resolutions shall be made availak►le at a reasonable time prior to the hearing, unless the matter involves an emergency ordinance or resolution. vii) Administrators' and Attorneys' Reports. The City Administrator and City Attorney shall periodically make a public status report on all major matters pending or concluded within their respective areas of concern. viii) Budgeting. In addition to any budget required by state statute, the City administrator at the direction of the Mayor shall prepare a budget showing the cost of each department for each budgE�t year. Prior to the City Council's first public hearing on the proposed budget required by state law,l:he City Administrator shall make public a budget summary setting forth the proposed cost of each individual department and reflecting the personnel for each department, the purposes therefore, ��nd the amount of any contingency and carryover funds for each department. ix) Representation of City and Public. The Mayor shall endeavor to designate one or more individuals, if and when resources are available, to represent the City at all proceedings before County, State and Federal regulatory bodies, significantly affecting the City and its residents. (a) Construction. All provisions of this Bill of Rights shall be construed to be supplementary to and not in conflict with the general laws of Florida. If any part of this Bill of Rights shall be declared inv�ilid, it shall not affect the validity of the remaining provisions. Nothing herein is intended to create any le,gally enforceable rights or causes of action in a court of law. The City Council, the City Administrator ancl the City staff shall, to the extent reasonable, carry out these responsibilities and strive to achieve them whenever possible and when provided by law. JJF DRAFT 02/08/2021 Table of contents [TBD] CITY OF OKEECHOBEE CHARTER We, the people of the City of Okeechobee (the City), in order to preserve and prote�ct our hometown way of life, to secure the benefits and responsibilities of home rule, and to provide a municipal government which serves the needs of our community arnd our citizens, do hereby adopt this Charter. ARTICLE 1. - CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND POWERS § C-1.1. - Corporate Existence. A municipal corporation known as City of Okeechobee (the "City") is hereby created pursuant to the Constitution of the State of Florida (the "State") and the Home Rule Charter of the City. § C-1.2. - Form of Government. The City shall have a"Mayor-City Council-Administrator" form of government. § C-1.3. - Corporate Boundary. The corporate boundary of the City shall be as follows: THAT A MUNICIPALITY to be called the City of Okeechobee is hereby established in the County of Okeechobee, the territoria] boundaries of which shall be as follows: Beginning at the Northeast corner of the Northwest quarter of the N<>rtheast quarter of Section I S in Township 37 South, Range 35 East, and then run South to the Southeast corner of the Southwest quarter of the Southeast quarter of Section 22, Township 37 South, Range 35 East, then run West along the section line dividing Sections 22 and 27 and 21 and 28, to the Southwest corner of Section 21, Township 37 South, Range 35 East, then run North along the section line dividing Sections 20 and 21 and 16 and 17 to the Northwest corner of Section 16 in Township 37 South, Range 35 East, then run �ast along section line dividing Section 9 and 16 and 10 and l5 to Point of Beginning, AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRI:TORY BOUNDED AS FOLLOWS: Beginning at the Northeast corner of the Northeast quarter of Section 2R Township 37 South of Range 35 East and then run South to the Southeast corner of the Northeast quarter of Section 23, Township �7 South of Range 35 East, then run West to the Southwest corner of the Northeast quarter of Section 2g Township 37 South of Range 35 East and then run North to the Northwest corner of the Northeast quarter of Section 28, Township 37 South of Range 35 East, and then run East to Point of Beginning; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Beginning at the Southeast corner of Section 9. Township 37 South, Range 35 East and bear North along the East line of said Section 9 a distance of 325.12 feet to the South boundary of that property described in Offcial Records Book 207, Page 177, Public Records of Okeechobee County, Florida; thence bear South 89°59'S3" West along the South boundary of said property described in Official Records Book 207, Page 177, a distance of 35 ].67 feet to a point on the East right-of-way line of State Road 15 (a/k/a Parrott Avenue); thence bear South 00°00'07" West along said right-of-way line a distance of 301.12 feet; thence bear North 89°52'43" East along said road right-of-way line a distance of 20.00 feec; thence bear South 00°00'07" East along said road right-of-way line a distance of 24.69 feet to a point on the South line of said Section 9; thence bear North 89°52'43" �ast along the South line of said Section 9 a distance of 331.66 feet to the Point of Beginning. ALSO: Beginning at the Southwest corner of Section 10, Township 37 South, Range 35 East and bear North along the West line of said Section 10 a distance of 325.12 feet to a point on the South boundary of that property described in Official Records Book 207, Page 177; thence bear North 89°59'S3" rast a distance of 448.33 feet along the South boundary of said property described in Official Records Book 207, Page 177; thence bear South 00°00'07" Cast along the extension of the East boundary of said property described in Official Records of Book 207, Page 177, a distance of 321.60 feet to a point on the South line of said Section 10; thence bear Soutli 89°32'�4" West a distance of 448.36 feet to the Point of Beginning. All lying and being in Sections 9 and 10, Township 37 South, Range 35 East; adopted on June 6, 1983 by Ordinance No. 486 recorded in O�R Book 284 Pages 372-373, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lot 6 and the South half of Lot 5 of Block 44; Lots 14 through I(, inclusive of Block 45; Lots 11 through 16, inclusive of Block 52; Lots 1 through 6, inclusive of Block 53; Lots 1 through 6, inclusive of Block 68; Lots I 1 through I6, inclusive of Block 69; Lots 11 through IC, inclusive of Block 76 and Lots 1 through 6, inclusive of Block 77 all located in Conner's Highlands, as recorded in Plat Book 1, Page 21, Official Records of Okeechobee County; adopted on August l, 1983 by Ordinance No. 489 recorded in OR Book 256 Page 991, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOW S: Lots 17 through 26, inclusive of Block 52 and Lots 1 through 10, inclusive of Block 69 all located in Conner's Highlands, as recorded in Plat Book 1, Page 21 Official Records of Okeechobee County; adopted on December 10, 1984 by Ordinance No. 526 recorded in OR Book 275 Page 1231, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lots 1 through 6, inclusive and 8 through 10, inclusive of Slock 76; Lots 17 through 26, iriclusive of Block 69 all located in Conner's Highlands, as recorded in Plat Book 1, Page 21 Official Records of Okeechobee County; adopted on November 19, 1985 by Ordinance No. 563 recorded in OR Book 280 Page 921, Public Records of Oke<:chobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lots 1 through 10, inclusive of Block 52; and Lots 17 through 26, inclusive of Block 45 all located in Conner's Highlands, as recorded in Plat Book 1, Page 21 Official Records of Okeechobee County; adopted on December 2, 1986 by Ordinance No. 583 recorded in OR Book 283 Page 790, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERR[TORY BOUNDED AS FOLLOWS: Parce] "C": South one-half of Southwest one-quarter of Northwest one-quarter of Northw��st one- quarter. Lying in Section 27, Township 37 South, Range 3� East, Okeechobee County, Florida; adopted on January 2��, 1987 by Ordinance No. 587 recorded in OR Book 284 Page 374, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERR[TORY BOUNDED AS FOLLOWS: Lot 7 of Block 76 located in Conner's Highlands, as recorded in Plat Sook 1, Page 21 Official Records of Okeechobee County; adopted on September 5, 1989 by Ordinance No. 613 recorded in OR Book 307 Pages 220- 221, Public 2ecords of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDAR[ES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERR][TORY BOUNDED AS FOLLOW S: PARCEL [ The Northwest one-quarter of the Northwest one-quarter of the Northeast one-quarter; together with the Northeast one-quarter of the Northwest one-quarter lying North and East of Taylor Creek; also the West 176 feet of the Northelst one-quarter of the Northwest one-quarter of the Northeast one-quarter, less Plat of the 2nd Addi:tion of Okeechobee Estates, also less and except the following described parcel: Beginning at the Southeast corner of Lot 1Jo. 14, Okeechobee Estates, according to replat of Lots 1 to l4 of Okeechobee Estates, as recorded in Plat Book 3, Page 55, Public Records of Okeechobee County, Florida, thence run South 00°22'24" East for a distance of 55 feet, thence North 89°37'36" West a distance of 55 feet inore or less to Taylor Creek, thence Northwesterly along the boundaries of Taylor Creek to a point of an extended line parallel to the South line of herein described tract then South 89°37'36" �ast for a distance of 100 Feet, more or less, to Point of Beginning. All being in Seccion 27, Township 37 South, Range 35 East, Okeechobee County, Florida. Parcel V Northeast quarter of Northeast quarter; East half of Northwest quarter of Northeast quarter less and except the Wes: 176.00 feet of the Nartheast quarter of the Northwest quarter of the Northeast quarter all being in Section 27, Township 37 South, Range 35 East; adopted on October 3, 1989 by Ordinance No. 616 recorded in OR Book 307 Pages 1405-1406. Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERR.ITORY BOUNDED AS FOLLOWS: PARCEL VI That part of the Southwest quarter of Northwest quarter of Northeast quarter lying North and East of Taylor Creek; that part of the South half of Northeast quarter lying North and East of Taylor Creek; cliat part of the North half of Southeast quarter lying North of Taylor Creek, all being in Section 27, Township 37 South, Range 35 East; adopted on January 2, 1990 by Ordinance No. 622 recorded in OR Book 310 Page 480, Public Records of Okeechobee County, Florida; AND IN ADDIT[ON TO THE BOUNDARIES S�T OUT ABOVE THE PURTHER AND ADDITIONAL TERRITORY BOCJNDED AS FOLLOWS: All that certain piece, parcel or tract of land situate, lying and being in Sections 27 and 28, Township 37 South, Range 35 East, Okeechobee County, Florida, as shown on the original Government Land Office (G.L.O.) Township Plat and as approved by the Suiveyar General on September 29, 1903. All of which is more particularly bounded and described as follows, to-wit: Commencing for reference at a found 5/8 " iron rod with cap (stamped "PLS 3372") at the East quarter Section corner of said Section 28, Township 37 South, Range 35 East; Thence, bearing South 89°30'OS" West along the South line of the Northeast quarter of Seccion 28, Township 37 South, Range 35 East, a distance of 297.04 feet to set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179) and the point and place of beginning of the herein described parcel; Thence, continuing along same, bearing South 89°30'OS" West a distance of 62.29 feet to a set P.K. nail and disk (stamped lb 6221) on the East right-of-way line of U.S. 441, (a/k/a State Road IS and Parrott Avenue, 100 feet wide right-of-way; "I'hence, leaving the South line of the Northeast quarter of Section 2Y, bearing North 00°10'23" West along said East right-of-way line of U.S. 441, a distance of 242.00 feet to the South line of Block 51 First Addition to South Okeechobee, as recorded in Plat Book l, Page 17, Okeechobee County, Florida; Thence, leaving the East right-of-way line of U.S. 441, bearing North 89°30'OS" East along said South line of Block 51, a distance of 359.56 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179) on the East line of said Scction 28; Thence, leaving the South line of Slock 51, bearing Narth 00°07' 12" West along said East line of Section 23 and along the East line of said Block 51, a distance of 295.93 feet to a set 7/8 " iron rod with aluminuin alloy cap (stainped ECD PLS 5179); Thence, leaving the East line of Section 28 and the East line of Block 51, bearing North 89° I 8'40" East a distance of 483.36 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS � 179); Thence, bearing North 00° 10'23" West a distance of 121.82 feet, to a set 7/8 " iron rod with aluminum alloy cap (sta�npf;d ECD PLS 5179); Thence, bearing North 89° I 8'40" East along the North line of South half of the Southwest quarter of the Northwest quarter of said Section 27 a distance of 528.47 feet to a set 7/8 " iron rod with aluminum alloy cap (stainped ECD PLS 5179); Thence, bearing South 00°10'23" East along a line 1421.61 feet East of and parallel with the centerline of the aforesaid U.S. 441, a distance of 730.00 feet to a set 7/8 " iron rod with aluminuin alloy cap (stamped ECD PLS 5179); Thence, bearin;; South 89°18'40" West a distance of 285.41 feet to a set 7/8 " iron rod with aluminum alloy cap (stainped ECD PLS 5179); "Chence, bearing South 18°29'43" East a distance of 234.56 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing South 00° 10'23 ° East a distance of 173.72 feet to a set 4" x 4" concrete monument with aluminum alloy cap (stamped M.F. Lenz Co. LB 6221); Thence, bearing South 89°IS'28" West along the North line of lands of City D�Iarkets Building, Inc. as recorded in Official Records Book (O.R.B.) 205, Page 285 and Offcial Records Book 201, Page 73, a d.istance of 1021.76 feet to a set 7/8 " iron rod with aluininuin alloy cap (stainped ECD PLS 5179), at the Southeast corner of those lands of Louis R. Deinicco as recorded in Official Records Book 200, Page 893 Public Records of Okeechobee County, f'lorida; Thence, leaving the North line of lands of City Markets Building, Inc., bearing North 00�07' 12" West along the Easterly line of those lands of Louis R. Demicco, a distance of 424.40 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5 l79); Thence, continuing along the lands of Louis R. Demicco, bearing South 89°30'OS" West a distance of 35.00 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, continuing along the lands of Louis R. Demicco, bearing North 43°44'23" West a distance of 59.98 feet to the point and place of beginning; The above described premises ��ontain an area of 1,182,298.90 square feet or 27.14 acres. Subject to all Easements, Conditions and Restrictions as contained within the Chain of Title; adopted on March 17, 1998 by Ordinance No. 710 recorded in OR Book 403 Pages 1627-1631, Public Records of Okeechobee County, Florida. CONSISTING OF APPROXIMATELY 2651.649 ACRES, MORE OR LESS. (TOTAL AREA IN ACREAGE OF THE's CITY OF OKEECHOBEE AS HEREW DESCRIBED AS OF THE DATE OF THE LAST ANNEXATION ON MARCH 1;', 1998 SET OUT ABOVE). § C-1.4. - Powers. The City shall have and may exercise all available governmental, corporate and proprietary powers. Through the adoption of this Charter, it is the intent of the electors of the City to grant to the municipal government established herein the broadest exercise of home rule powers permitted under the Constitution and laws of the State of Florida, as fully and completely as tl�ough they were specifically enumerated and incorporated in this Charter. § C-1.5 Construction. This Charter and the powers of the City shall be construed liberally in favor of the City a�nd its authority to conduct municipal business. ARTICLE 2. - CITY COUNCIL; MAYOR § C-2.1. - City Council. There shall be a City Council vested with all legislative powers of the City including but not limited to the setting of policy, approval of budget, determination of tax rates, hiring and firing of the charter officers, and the development of community land use policies and regulations. The Council shall consist of 1=our (4) members ("Council Members") in addition to the Mayor. References in this Charter to the City Council shall include the Mayor unless the context dictates otherwise. § C-2.2. - Mayor and Vice Mayor. (a) Powers of the Mayor. The Mayor shall preside at meetings of the City Council, be a voting member of the Council, and may create and appoint subcommittees of the Council. The h�ayor shall be recognized as head of City Government for all ceremonial purposes and for purposes of law, for service of process, execution of duly authorized contracts, deeds and other docurnents, and as the City official designated to represent the City in all dealings with other governmental entities. In addition, the Mayor shall have the following specific responsibilities: i) The Mayor shall recommend the nomination of a City Administrator in accordance with the terms of Section 3.1 herein below. ii) The Mayor shall prepare and deliver annually between November 1 and January 3:L a report on the state of the City and annually between July 1 and September 30 a budgetary address to the people of the City. iii) The Mayor shall ensure City Council meetings are conducted in an orderly and effic:ient manner in accordance with Roberts Rules of Order, as may be amended from time to time, and other pertinent procedures and policies. (b) Vice-Mayor. During the absence or incapacity of the Mayor, the Vice-Mayor shall have all the powers, authority, duties and responsibilities of the Mayor. At the first Council meeting after the 30th day following the day of the general or run-off election of the City Council, or in any calendar year in which there is no regular City election, at the first Council meeting in the month of November of such year, the Council shall elect one of its members as Vice-Mayor. § C-2.3. - Election and Term of Office. (a) Election and Term of Office. Each Council Member and the Mayor shall be elected at-large �For four year terms by the electors of the City in the manner provided in Article 5 of this Charte�r. (b) TERM LIMITS ??? Limitations on Lengths of Service. No person shall serve as Mayor for more than six elected terms. No person shall serve as a Council Member for more than six electei� terms. A"term" shall be deemed commenced upon election, whether or not it is actually completed, except that a vacancy being filled for less than two years remaining in the fillir�g of that term shall not be counted as a"term" under this section. § C-2.4. - Qualifications. Candidates for City Council or Mayor shall qualify for election by the filing of a written notice of candidacy with the City Clerk at such time and in such manner as may be prescribed by ordinance �and payment to the City Clerk of the sum of one hundred dollars ($100.00) as a qualifying fee. Only electors of the City who have resided continuously in the City for at least one year preceding the date of such filing shall be eligible to hold the Office of Council Member, including Mayor. Candidates for Counc:il or Mayor shall be required to submit proof of residency at the time of qualifying by producing a valid voter's registration card and any other document which establishes compliance with the residency requirements for the offices of Council or Mayor. The City Council may establish more specific resi��ency requirements in an Ordinance, § C-2.5. - Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The office of a City Council (including the Mayor) shall become vacant upon their death, resignation, disability which in this case shall mean incapacity to perform the duties of office, suspension or removal from office in any manner authorized by law, or by forfeiture� of their office. (b) Forfeiture of Office. i) Forfeiture by disqualification. A City Council Member shall forfeit their office if at ;any time during their term (1) they fail to maintain permanent residence in the City, or (2) otherwise ceases to be a qualified elector of the City Council. ii) Forfeiture by absence. A City Council Member shall be subject to forfeiture of their office, in the discretion of the remaining Council Members, if s/he is absent with g,00d cause from any (6) regular meetings of the City Council during any calendar year, ��r if s/he absent without good cause from any four (4), or three (3) as to the Mayor, consecutive regular meetings of the City Council during the same calendar year. iii) Procedures. The City Council shall be the sole judge of the qualifications of its mernbers and shall hear all questions relating to forfeiture of office, including whether or nc�t good cause for absence has been or may be established. The burden of establishirig good cause shall be on the City Council. A City Council Member whose qualifications are in question, or, who is otherwise subject to forfeiture of his/her office, shall not vote on any such matters. The City Council Member in question shall be entitled tc� a public hearing(s) on request regarding an alleged forfeiture of office. If a public hearing is requested, notice thereof shall be published in one or more newspapers of gene�ral circulation in the City at least one week in advance of the hearing. Any final determination by the City Council in this regard shall be made by resolution. All votes and other acts of the City Council Member in question prior to the effective date of such resolution shall be valid regardless of the grounds of forfeiture. (c) Filling of vacancies. A vacancy on the City Council shall be filled as follows: i) If the Mayor's position becomes vacant, and no more than six (6) months remain in the unexpired term of the Mayor, the Vice-Mayor shall complete the term of Mayor. If more than six (6) months remain in the unexpired term of the Mayor, the vacancy shall be filled by a special election to be held not sooner than forty-five (45) days or mc�re than ninety (90) days following the occurrence of the vacancy, unless there is a City, County or State or national election scheduled to take place not sooner than fort�i-five (45) or more than ninety (90) days following the occurrence of the vacancy, in which case the vacancy shall be filled by the scheduled election. The Vice-Mayor shall se�rve the term of the Mayor until the special election or scheduled election. A new Vice�- Mayor shall serve until the election or scheduled election, unless reappointed to continue to serve after the election. ii) If the vacancy occurs on the City Council, and no more than six (6) months remain in the unexpired term, the vacancy shall be filled by a nominee of the Mayor, within thirty (30) days following the occurrence of the vacancy subject to confirmation of the C:ity Council. If more than six months remains in the unexpired term of a City Council Member, the vacancy shall be filled by a special election to he held not sooner than forty-five (45) days or more than ninety (90) days following the occurrence of the vacancy, unless there is a City, County, State or national election scheduled to take place not sooner than forty-five (45) days or rriore than ninety (90) days following the occurrence of the vacancy, in which case the vacancy shall be filled by the scheduled election. The vacancy occurring on the City Council shall be filled by a nominee of the Mayor within thirty (30) days following the occurrence of the vacancy, subject to 1:he confirmation of the City Council. The nominee shall fill the vacancy until the speci��l election or scheduled election. iii) Persons filling vacancies shall meet the qualifications specified in Section 2.4 of this Charter. iv) If no candidate for a vacancy meets the qualifications under this Article for that vacancy, the City Council shall appoint a person qualified under this Article to fill the vacancy, who shall serve until the next regularly scheduled election for the balan��e of the original term, but only after a hearing and in addition to regular notice requirements. v) Notwithstanding any quorum requirements established herein, if at any time the full membership of the City Council is reduced to less than a quorum, the remaining members may, by unanimous vote, appoint additional members to the extent otherwise permitted or required under this subsection (c). vi) In the event that all members of the City Council are removed by death, disability, recall, forfeiture of office and/or resignation, the Governor of the State of Florida shall appoint interim City Council Members who shall call a special election within not less than 30 days or more than 60 days after such appointment. Such election shall be held in the same manner as the first elections under this Charter; provided, however, that if there are less than six months remaining in any of the unexpired terms, such intE�rim City Council Member appointee(s) by the Governor shall serve out the unexpired terms. Appointees must meet all requirements for candidates provided for in Article 2. § C-2.6. - Compensation; reimbursement for expenses. City Council Members (including the Mayor) shall receive compensation in the amount of $XXXX pfer month and the Mayor shall receive compensation in the amount of $XXXX per month. Compensati�on provided herein, shall be increased in accordance with the U.S. Consumer Price Index. Further, the Mayor and City Council Members shall receive reimbursement for business expenses in accordancE� with applicable law, or as may be otherwise provided by ordinance. § C-2.7. - Recall. The electors of the City shall have the power to recall and to remove from office any elected officia l of the City to the extent permitted by the Florida Constitution and the laws of the State of Florida. Th�� minimum number of electors of the City which shall be required to initiate a recall petition shall be ten (10%) percent of the total number of electors of the City as of the preceding City election and shall be accomplished in accordance with the procedures set forth in Section 5.2 herein below. EXCERPTS TAKEN BY JOHN FUMERO FROM: The Florida Municipal Officials' Manual. A publication of the Florida League of Cities with the assistance of the Florida InstitutE� of Government Basic Forms of Municipal Government America's cities, towns and villages are governed by a legislative body known as a city council (or city commission). This elected body has several responsibilities, which are specified in the charter. In Florida, each municipality has a charter; this document specifies the composition of the elected body and duties of appointed officials. The council is responsible for creating and enforcing the laws, called ordinances, of the city. The council also adopts and appropriates the city's funds through its budgetary responsibilities, and has fiducia�ry responsibilities as trustees of public funds. In addition, the council is expected to have a vision for the city's future, which may or may not be detailed in a strategic plan. Throughout the U.S., cities adopt a form of government that sets their structures. The most common of these forms as found in Florida are specified below: COUNCIL-WEAK MAYOR FORM The original form of municipal government in America was the council-weak mayor form, which was near-universal in the nineteenth century. It is still widely used, particularly in small towns. In most weak-mayor systems, the office of mayor is simply rotated among the elected council members on an annual basis. The council retains collective control over administration, including appointme�nt and dismissal of municipal employees and appointments to boards and commissions. Control of some functional areas (e.g., parks, library) may be delegated by charter or ordinance to semi- independent boards and commissions. In general, the mayor's authority is little, if any, greater than that of the other council members. Department heads — e.g., the clerk, police chief, public worl<s director — report to the council as a whole or to the mayor in his or her capacity as spokesman For the council. Sometimes the municipal clerk functions as a de facto chief administrator. COUNCIL-STRONG MAYOR FORM The council-strong mayor form gradually evolved from the council-weak mayor form. It providE�s for a distinct division of powers between the council and the mayor. The mayor actually is the chief executive, that is, the office of mayor has substantial influence in the policy-making process an�� substantial control over administration. The mayor holds important budgetary and appointing powers, along with the power to veto legislative actions of the council. Administrative authorit�/ is not shared with a number of independent boards and commissions. The mayor enjoys general power to appoint people to boards and commissions. Depending upon the city charter, the ma�/or may (or may not) vote with the legislative body. Some large cities with a strong mayor have established the position of chief administrative officer under the mayor to handle the day-to-day operations of the government, thus leaving the ma�ror free to concentrate on policy formulation and ceremonial tasks. In this way, administrative management by a hired assistant to the mayor may be combined with strong political and policy leadership by the mayor. COMMISSION FORM The commission form combines both executive and legislative powers in a governing board, the commission. There is no single chief executive; rather, the commissioners, who serve collectivE�ly as the policy-making body, also serve individually as heads of the principal departments. In the b�isic commission form, there is neither a mayor nor a city manager. Today, most commission-form cities do select or elect a mayor. Early advocates of the commission form hoped that the concentration of power in the hands of a few elected council members would make administration more effective and would enhance accountability to the public. The commission plan was first employed in Galveston, Texas, after a disastrous hurricane almost destroyed the city in 1900. It enjoyed widespread popularity for about two decades. Since 1920, however, its use has declined greai:ly. Although offering more integration of policy and administration than the council-weak mayor iorm, the commission form tends to provide inadequate coordination, insufficient internal control, and non-professional direction of administration. It should be noted that, in Florida, municipalities use the terms "council" and "commission" without reference to the distinction between the commission form and other forms of municipal government. Many Florida municipalities designate their legislative bodies as the "commission" but do not employ the commission form of government. One should not presume that a Florida municipality employs the commission form merely because iits policy-making body is labeled "commission." COUNCIL-MANAGER FORM One of the key elements in 20th-century municipal reform has been the proposition that a strong and non-political executive office should be the administrative centerpiece of municipal government. This concept has been implemented in thousands of American cities in the 20th century by the adoption of the council-manager form of government. This form parallels the organization of the business corporation: voters (stockholders) elect the council (board of direc:tors), including the mayor (chairman of the board), which, in turn, appoints the manager (chief administrative officer). Unlike the two council-mayor forms, where the emphasis is on political leadership, the prevailiing norms in the council- manager form are administrative competence and efficiency. Under the council-manager form, the manager is the chief administrative officer of the city. The manager supervises and coordinates the departments, appoints and removes their directors, prepares tf�e budget for the council's consideration, and makes reports and recommendations to the council. All department heads report to the manager. The manager is fully responsible for municipal administration. The mayor in a council-manager form is the ceremonial head of the municipality, presides over council meetings, and makes appointments to boards. The mayor may be an important political figure, but has little, if any, role in day-to-day municipal administration. In some council-manager cities, the office of mayor is filled by popular election; in others, by council appointment of a a�uncil member The council-manager plan, first used in 1908 in Staunton, Va., received nationwide attention six years later when Dayton, Ohio, became the first sizable city to adopt it. Thereafter, the plan's popularity enjoyed steady but not spectacular growth until after World War II. At that time, m��ny municipalities were confronted with long lists of needed services and improvements that had backlogged since the Depression years of the 1930s. Faced with such challenges, many municipalities adopted the council-manager form. The plan has been especially attractive to srnall- and medium-sized localities. It is used in a majority of American municipalities with populations of 25,000 to 250,000. It has been strongly promoted since the 1920s by the National Civic League. The council-manager form is widely viewed as a way to take politics out of municipal administration. The manager himself is expected to abstain from any and all political involvement. At the same� time, the council members and other "political" leaders are expected to refrain from intruding on th�e manager's role as chief executive. Of course, the manager, who is hired and fi red by the counc:il, is subject to the authority of the council, but council members are expected to abstain from seeking to individually interfere in administrative matters, including actions in personnel matters. Some ciity charters provide that interference in administrative matters by an elected city official is grouncls for removal of the elected official from office. MUNICIPAL-GOVERNMENT FORMS IN FLORIDA In Florida, a municipality is free to adopt any of the basic municipal-government forms identifie�d above or any variation thereof. State law does not prescribe one or more permissible forms, nc�r does it prohibit any. The Florida Constitution requires only that "each municipal legislative bod�y shall be elective" (Art. 8, Sec. 2(b), Const.); state statutes require only that an acceptable prop��sed municipal charter is one which "prescribes the form of government and clearly defines the responsibility for legislative and executive functions." Many Florida cities have forms of government that combine elements of the four basic structur�es. These cities, having "hybrid" forms outlined in their charters, are difficult to categorize. More elements of the council-weak mayor form are identified in these hybrids, and carry-over elements of the commission form have also been found. The most common form of city government in Florida today is the council-manager form. A second common form, found in many smaller municipalities, is the council-weak mayor form. In Floridai, in recent years, most changes of municipal-government form have been from some other form to the council-manager form. Approximately 270 Florida cities (out of more than 400) have a position of manager or a similar position, such as "administrator or manager." In all Florida cities, members of the council or commission are elected by the voters of the city. The mayor may be simply a member of the council, elected by the council to serve as mayor; may be a separate office (that is, not a member of the council) or elected by the people. Certain administrative positions are filled by elections in a few cities. These include the offices of clerk, police chief and fire chief.