2021-03-16 Handwritten MinutesCITY OF OKEECHOBEE, FLORIDA
MARCH 16, 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 16, 2021, at 6:02 P.M. in the City Council Chambers, located at 55
Southeast 3rd Avenue, Room 200, Okeechobee, Florida.
The invocation was offered by Reverend Baker; followed by the Pledge ofAllegiance by Council
Member Keefe.
II. ATTENDANCE By City Clerk Gamiotea.
PRESENT: Mayor powling R. Watford, Jr. Council Member Wes Abney
Council Member Clark Council Member Jarriel
Council Member Keefe
Staff Members Present:
City Attorney John Fumero City Administrato� Marcos MontesDeOca
Deputy City Clerk Bobbie Jenkins Executive Assistant Robin Brock
Patty Burnette, General Services Coordinator Police Major ponald Hagan
India Riedel, Finance Director
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withdrawn; there were none.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 Keefe to approve the
agenda as presented/amended.
Mayor Watford , Council Members Abney , Clark , Jarriel , Keefe .
Motion Carried.
C. There were one agenda item forms or comment cards submitted for public participation
for any issues not on the agenda.
Bobbie Tucker, chair Economic council on behalf of 53 members share goals with you all. 5
years the best small town in FL to live; 2 ways to get there 5.b. LOSOM eco stability on the
basis of Lake O, 12.5 to ?? ft best methods, city needs to be involved.
Code Enforcement issues, distributed handout to council and staff.
Created a laser focus box that we focus on to clean up and brought into compliance.
Magistrate is strick and all in authority to do, take back in possession and sell to use further.
Every important to EKO, talking for 15 years about it. Have a lot on your menu, empathaize.
Like to come once amonth to give an update from the chief on whats on this list. What can
we do to help move these along.
DW appreciate comments.
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IV. CONSENT AGENDA
Motion by Council Member Abney , seconded by Council Member Jarriel to approve
consent agenda items A[March 2, 2021 regular meeting minutes], B[February 2021 Warrant
Register: General Fund $484,332.81, Public Facilities Improvement Fund $9,742.17, and
Capital Improvement Projects Fund $26,751.44], and C[ratify the appointment of J.P. Zeigler
as the Fifth Member to the General Employees' Pension Fund Board of Trustees, term being
Mayor Watford , Council Members Abney , Clark , Jarriel , Keefe .
Motion Carried.
V. NEW BUSINESS
A. Consider a request from the Board of County Commissioners to relocate the Tourist
Development Council to the Chamber of Commerce building at 55 South Parrott Avenue
(Exhibit 1).
Motion by Council Member Keefe, seconded by Council Member Clark.
DW, good fit.
BK, agreed, make sense.
Mayor Watford , Council Members Abney , Clark , Jarriel , Keefe .
Motion Carried.
B. Consider a professional service agreement with MacVicar Consulting, Inc. for
participation in the planning process for the development of a new Lake Okeechobee
System Operating Manual (LOSOM) by the Army Corps of Engineers (Exhibit 2).
Motion by Council Member Keefe, seconded by Council Member Jarriel.
DW, spear headed, City rep on the TDteam, most complicated, frustrated been
involved, tried ot attend every meeting. 2.5 hour meeting, understand about 1% of what
they're saying, ran 27,000 different models to come up with different sceneros for the
way the water goes. MacVicar represented the FL Dept of Ag on this team. PDT team
and have representation have government agency or community. Talked with Bill
Baker, spoke with his engineer, be nice if they represented the entire lake. BOCC voted
Thursday to approve this agreement. Hope we will consider that also. If council is
allowed, Gary Ritter in attendance to speak on this issue. He's my water guru.
Gary R, echo Brandons comments, Lake O 12.5 to 15.5 is most ideal for flood control
and environmental aspects. Tom Mac Vicar has been around this water district for 40
years, he knows this system better than anyone. I have scars on my back by the same
congressman. For $250/month to get one of the top engineers and representing you all
will be a benefit. Rep moore haven, Clewiston, pahoee already. Lake communities are
ag communities, double bang for our buck, highly recommend you all hire them as
your voice.
DW I called Gary before entering discussions with them. Quote is Tom knows more
about Lake O than you do.
Gary, yes Im jedi but he's yoda.
DW, almost all the disuccions is on the coast. Last time martin rep, cinderellas step
ssisters. Someone else, drunken friends of the step sisters. Analygies that they made.
To attorney, any comments.
John F, don't know anyone else that knows the Lake better that's alive.
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WA, how long in process?
DW, 2022 I think, been a year already, going to go on forever.
WA anymore scoping meetings.
DW public comments at all meetings.
Mayor Watford Y, Council Members Abney Y, Clark Y, Jarriel Y, Keefe .
Motion Carried.
C. Consider a new alternate appointment to the Flagler Park Design Review Advisory
Committee (Exhibit 3).
Ranking sheets were collected before the meeting began and tallied the points.
Outcome: [insert]
Tie breaker, ranking sheets were redistributed for the tie breaker.
Burdge 9 points, Cable 6 points.
Sharie Turgeon withdrew her application via email on 3/15/21.
Motion by Council Member Clark, seconded by Council Member Jarriel; appoint Bob
Burdge as alternate member.
Mayor Watford Y, Council Members Abney Y, Clark Y, Jarriel Y, Keefe Y.
Motion Carried.
D. Discuss Code Enforcement Magistrate Hearing Process (Exhibit 4).
WA, papercopy of the presentation? No.
MDO, will email out to everyone.
[obtain a copy]
Power point by Carlyn K.
Daunting task to explain and get this information to you. On the phone with code enforcement
staff every other day. New employees have a strong desire to get this situation under better
controL
FS 162 allows cities to create code board or special magistrate with authority to impose
administrative fine & other noncriminal penalties. FS 162.03(2). Any where you see board
you can swap with magistrate throughout the statute.
Many cities have appointed a magistrator to hold hearings, determine violations and issue
orders. This is a judicial process; you have to enter evidence. Oath issued at the beginning, if
gong to give testimony must take an oath. City gives testimony by presenting the case. Then
owner can provide testimony. Your magistrate is very meticulous on checking all the boxes.
State of violation and notice of hearing. Notice to property owner. Is given one of these forms
after they have tried to work with the owner, after providing a courtesy card, contact made
with owner.
Evidence that the notice was provided to property owner. Send through certified mailed. If we
get them back unreceived, then the notice to appear is physically goes on the property and
photos are taken. Many times, they will do both processes. SM makes sure this step has
been followed.
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Next step evidence presented by code inspector, testimony and documents. Description of
the violation. Code sections violated. Photos including dates of inspection on the photos.
Notice and opportunity to comply was provided.
Special magistrate hearing. If property has come into compliance it is noted for the record.
Issues a lien/order with findings of fact, conclusions of law. Then it is recorded at the county
clerk office. As we finally get things streamlined we will move forward with the next step
instead of letting these properties continue to sit, remain out of compliance and lien
accumulating.
Keefe, court fee everytime docs are recorded, ciitzens that are looking to buy distressed
properties, potential of knowing where the code enforcement is within the process. CK can
you stop the process at somepoint? CK yes you can settle. JF one of the problems is we
cannot, have to get the offer in writing, then take it before the city council for approval.
CK, when lien filed, recorded, the city is the one who settles not the magistrate.
BK so discression to city attorney to approve the settlements.
CK yes you could set perimeters for us ot follow, for example, half the cost of the lien.
BJ hopefully filed in court, those fees shouldn't be negotiable, only the fine should be
negotiable.
CK, JF the fees are our costs, we negotiate the fine, not our fee's.
BK thatw what I was gearing my question toward, if we can .... Potential purchaser,
possibility then great and talk about those perimeters, take alternate route to get there.
JF when you file suit and other side brings attorney settlement is the first thing they want to
do. They want to do everything they can to settle.
CK keep in mind many are old matters that we are still cleaning up. For example, Walgreens.
Staff been dealing with them for years. As soon as our partner wrote a demand letter and
complaint attached, received right away a settlement letter from them. They have been
calling daily to get that settled.
JF inagistrate swearns in the witnesses, evidences is provided, examine the evidence, cross
examine the witness. Appealling the request before you. You are being asked to overturn the
magistrate, its not proper to do that, you can do that but we have to give you the record and
recreate the case to you.
CK things magistrate consideres. Factors in determining the amount of the fine: gravity of the
violation; any actions taken by the violator to correct the violation; previous violations
committed by the violator, FS 162.09(2)(b).
JF inany council asked where the fines are, and how they are created.
CK theres a limit. Park this issue for a moment. Fine schedule for writing tickets through the
citation process.
JF you're issued a ticket, your only recourse is to take to county judge. Not something you
want to use lightly.
CK — don't be confused, the schedule in the code is strickly for the citations.
Factors could include, nature and curcustances fo the violation, risk to pbulci heath or safety,
length of time it took responde to come int ocmplik is ???.....
BJ attend a number of ineetings, think you do a great job rep city.
BK, magistrate, how much leahway does he have, within the factors? Is he restricted to code
staff recommendation even without public participation.
CK FS has some property owner restrictions, cant go above the maximum set in FS.
Anybody who wants to speak on the issue he hs to hear from them. Important to have all
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information from city staff, magistrate looks at all that. Never seen them go beyond the
recommendations.
BK wahts left on the back log, whats the status on them? Worthwhile to drop some and draw
a line in the sand, not slowing down, continue to get new cases.
CK 3 in litigation, 2 autions dates set, 1 waiting for the auction date.
JF that's the unfortunate issues, if the problem has been resolved, we long pursue the case.
BK towards end of previous attorney contract, got a matrix of cases that were pending and
never filed.
CK pretty cloase to getting caught up, 6 to 8 cases. Staff hopper is bigger.
BK alt course of action, opportunity to clear the deck to not further court fees or case fees.
Peterson, code enforcement is up to the magistrate; legal is up to city attorney and city
council. Two separate issues. Code enforcement theres nothing to drop if they are in
compliance, don't want to drop them.
JF compliance is number one, penalties are just the tool, if we have this many legal actions
then weve failed. Once we have a program that is effective the word will get out and people
will come into compliance more.
BK code enforcement takes us up to fine accruing, when is the daily fines when do they stop
accruing? When property comes into compliance.
When gets that point, no owner, foreclosure, someone interested in taking property,
beautificykg it are overwhelmed by those fees. Possibility of doing a????
DW that's' what the attorney wants authority to negotiate.
BK right okay, but not the city's costs.
DW what they're going to come up and ask us.
WA foreclosures public record?
CK yes.
JF memo about 2 months ago on all the properties.
WA come back to us with these reductions chart or fee schedudle, 1St time 50%, 3�d 25%, etc
something that's a good tool to use
JF direction from last time, maek more objective, gives you a range, first time violator more
flexibilt, 5 time violator game over. Look at other code enforcement programs in FL to see
what they want. Hear a lot of picking on me because my neighbor doesn't like me.
DW nice presentation thank you.
E. Consider a request to use FLAGLER PARKS No. 2 and 3(Blocks G and L) to recognize
the graduating class of 2021 with temporary signs featuring a photograph and name of
each senior, displaying approximately one week before graduation on May 28 (Exhibit
5).
Motion by Council Member Clark, seconded by Council Member Abney.
Mayor Watford , Council Members Abney , Clark , Jarriel , Keefe .
Motion Carried.
VI. CITY UPDATE
JF — charter review amazing thoughtful review, Ritter, MDO and I have put our heads together
to facilite a moving approach. Going line by line. Getting bogged down, maybe have a half day,
get speed, moving along. A�ticle 2 and 3 are the meat of the document, good stuff.
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Fire services, timely meeting with county today, where we are in the process, good check point,
lot of rumors to chase down, putting in writing what the process is to get from here to point B
one way or other. Today received 2918 local, attorney, requesting legal binding process.
Staggering to me at the 11th hour we got this letter. Will work with the appropriate process. This
council has worked with everything legally possible. Asking for a joint bargaining. We have
certain obligations. May respectfully decline
Law firm representing the fire union.
WA what are they wanting? Public record?
JF yes I will.
DW if we meet it will be a closed executive session.
VII. COUNCIL COMMENTS
Abney, none, apogized for missing Sat.
Jarriel, we had a nice parade, vendors downtown, lots of people here this last weekend, code
enforcement issue is high on the agenda for council and locals, ask to be very consistent with
code enforcements, sitting an example and need ot pick up our property, if its my property tell
me, city property do the same. Town hall meeting Monday night hope people will be there.
Lane was great on the radio and sounded good.
Keefe — sink hole status. DA scheduling the contractors there, PO has been issued.
Clark — BJ covered item, BK covered other.
BJ 441 at RR shut down 10 days, just had a
through deans court, emergency crossing only.
Will send email when happening.
meeting. Done twice before, traffic rerouting
Will be in June starting. Have big effect on us.
Clark not one accident since light been installed in NW/NE 9t". Really appreciate it.
DA — working on getting the blue tell lights. Pedestrian cross walks when new improvements.
Adding 6 yo 8 ight fixtures there. Clark digging from light fixtures DA yes. Additional lighting to
help the intersection.
VIII. Mayor Watford adjourned at 7:18 P.M.
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CITY OF OKEECHOBEE, FLORIDA
MARCH 16, 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 16, 2021, at 602 P.M. in the City Council Chambers, located
at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida.
The invocation was offered by Pastor Richard Barker, westside Christian church and FL
dept of corrections , followed by the Pledge of Allegiance by BJ
II. ATTENDANCE
Mayor powling R. Watford, Jr.
Council Member Wes Abney
Council Member Clark
Council Member Jarriel
Council Member Keefe
PRESENT ABSENT
_x_
_x_
x
x
x
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
BK to approve the agenda as presented.
Mayor Watford Y_, Council Members Abney_Y , Clark_Y_, Jarriel_Y ,
Keefe Y . Motion Carried/Failed.
C. There were one agenda item forms or comment cards submitted for public
participation for any issues not on the agenda.
Brandon Tucker, ECOK — thank you for allowing me the opportunity to be here, 53 business
members, discuss with you concerns and goals we have, talked about recently, 5 years
county can be determined best small town in Florida to live. Two of the ways to get there is
on the agenda. V.B we know issues with Lake o are critically important, we believe we should
be looking at the science, 12/5 to 15/5 feet is the proper way to manage Okeechobee. Great
city is bringing them on, be heavily involved in that. Relative to Code Enforcement —
through0ut the city CE chief is working on. Laser focus on a box, extends 441 N to Lock 7
over to overpass 710 west to 98. All types of CE issues, in the next year everything we can
do to clean up these properties, but we are laser focused to see that those properties are
brought into compliance, hope the magistrate is very strict, if not, foreclose on them. Use
B. Jenkins Handwritten Minutes, March 16, 2021, Page 1 of 7
money for economic development or whatever is deemed appropriate. Distributed a list of
properties. Serving the next 2 years as chairman, taking this very personally. I know and I
empathize, but it's a request that we have as a council that this is a major focus. Like to give
an update once a month, but we would love to have a time set. Where we are, what we can
do to be a catalyst to move this forward.
DW-any questions, none
IV. CONSENT AGENDA
Motion by Council Member WA , seconded by Council Member
BJ to approve consent agenda items A[March 2, 2021 regular meeting minutes], B
[February 2021 Warrant Register: General Fund $484,332.81, Public Facilities Improvement
Fund $9,742.17, and Capital Improvement Projects Fund $26,751.44], and C[ratify the
appointment of J.P. Zeigler as the Fifth Member to the General Employees' Pension Fund
Board of Trustees, term being ].
Mayor Watford Y_, Council Members Abney_Y , Clark Y, Jarriel Y ,
Keefe Y . Motion Carried/Failed.
V. NEW BUSINESS
A. Consider a request from the Board of County Commissioners to relocate the Tourist
Development Council to the Chamber of Commerce building at 55 South Parrott Avenue
(Exhibit 1).
Motion by Council Member _BK , seconded by Council Member
MC
BK-good to have all at one location.
DW-any other discussion?
Mayor Watford Y, Council Members Abney_Y , Clark Y_, Jarriel Y ,
Keefe Y . Motion Carried/Failed.
B. Consider a professional service agreement with MacVicar Consulting, Inc. for
participation in the planning process for the development of a new Lake Okeechobee
System Operating Manual (LOSOM) by the Army Corps of Engineers (Exhibit 2).
Dw-Discuss or make a motion.
Motion by Council Member BK , seconded by Council Member
BJ
DW-spearheaded this, I'm the city rep on this, most complicat4ed, frustrating, that I have ever
been involved in. driven all the way down to homestead, now on zoom. Probably understand
1% of what's said in this meeting. They've ran 27000 different models to see where the water
goes. The consulting group was representing FDA, certain congressman strongly objected to
that and got them taken off. So to get on the PDT team and have representation, they had to
have an agreement with a governmental agency, glades and Hendry county, city of Moore
haven and Clewiston, bill baker and he said it would be nice if they represented the whole
lake. $250 per month for consultation fees. BOCC voted Thursday to approve this
B. Jenkins Handwritten Minutes, March 16, 2021, Page 2 of 7
agreement, so they are on board. I just hope that we will consider that also. Council doesn't
mind, Gary Ritter speaks to the Council on this.
GR-yeah I have to echo Brandon's comments, we all think realize that lake o managed at
12/5-15/5 is the best level to operate at. All about the science, as mayor explained, tom has
been around this water management system, he knows the system bett4er than any9one
else. I still have some scars on my back with dealing with the congressman over there, for
some reason he doesn't like Lake O or agriculture, pretty cheap for getting the top engineers
and modelers in the state of Florida to represent you all. I grueling have to attend all of these
PDT meetings myself, they represent Belle Glade, Hendry County, Moore Have and
Clewiston. Lake communities are ag communities. I highly recommend that you all hire them
on as your voice at the PDT meetings.
DW-I'll have to say that I called him before I entered into conversations with them, and he
says they know more about Lake o than I do. Most of the discussion on this is from the
Coast, Martin and Lee County's have all kinds of reps to speak on their behalf. Martin County
used an analogy and said it felt like they were cinderella's stepsisters. Mr. Attorney I think you
know this firm, any comments,
JF-known tom for 30 years, knows the regional system like he does.
WA-not very familiar with it, where are they in their process
DW-goes on to 2022, we've been at this for a year and a half. I think they try to make it so
long and complicated to make everyone give up.
WA-wanted feedback from public, any more of those meetings
DW-nope, all comments are from the coast saying they don't want any discharges.
Mayor Watford Y_, Council Members Abney_Y , Clark_Y_, Jarriel Y ,
Keefe Y . Motion Carried/Failed.
C. Consider a new alternate appointment to the Flagler Park Design Review Advisory
Committee (Exhibit 3).
Sharie Turgeon withdrew her application via email on 3/15/21.
DW-turned in recommendations, had a tie and redone it. Make an announcement of the
outcome.
CC-matrix, there was a tie between bob and magi, so we did a runoff, bob has 9 pts and magi
has 6 pts.
DW-do we need a motion,
Motion by Council Member MC , seconded by Council Member
BJ burge as alternate
Mayor Watford_Y_, Council Members Abney_Y , Clark Y_, Jarriel_Y ,
Keefe Y . Motion Carried/Failed.
D. Discuss Code Enforcement Magistrate Hearing Process (Exhibit 4).
JF-as you recall, so we've been spearheading a reinvention and modernization of the
program. Right people in the right places. Now we look at the code. It needs to be
comprehensively updated. I brought surgical amendments at the last meeting. Haven't done
a good job briefig you on how this works. We thought we'd give you a series of presentations
to set the stage. Nothing that I've worked on since I've been here have drawn interest like
B. Jenkins Handwritten Minutes, March 16, 2021, Page 3 of 7
code enforcement. At the next meeting I'm going to ask to defer the final public hearing of
ordinance 1222. This is informal and interactive.
WA-do we have a paper copy of this
CK-I can email it to you. What I'm going to do tonight, as john says it's a daunting task to get
everything that's available to you. I got overwhelmed when putting this together so we've
decided to do this in a series. I am on the phone at least every other day with code
enforcement staff. I was telling someone earlier today that the biggest thing with an employee
is desire. They have the desire, have the concepts down, just in a short time they've really
come a long way. Go through what the law allows you. Continue to learn as we go. At least
understand what the framework is under law. There is a FS CH 162 Local Government CE
Boards, you did have a board, just changed to a magistrate, the way the law sets that up, the
board and magistrate has equal authority. Anytime you look into the statute, what that gives
is the authority to impose fines and other noncriminal penalties.
Slide 2— many cities and counties have appointed a magistrate to hold hearings, determine
violations and issue orders. Magistrate has same authority as enforcement board. This is a
judicial process that requires evidence. Functions like a court, the judge sits at the head, I sit
on the side, and witness sits where john is and anyone gives sworn testimony. He asks the
city to present its case, then the public presents, rather informal but follows a process.
Tonight I'm going to go over this framework, next meeting I'd like to have the magistrate
come and speak to you. What I want to say about him is he is very meticulous, especially
with checking off all the steps.
Slide 3— first step, statement of violation and notice of hearing. Several opportunities given
before the property owner gets this. Notice to the property owner, this can be an issue.
Posting the property and send certified mail. Magistrate asks many questions, makes sure
there are notices sent. Familiar with certified mail, it's not uncommon for someone no to pick
that up. Funny and old process but that is still the law. If we get those back unclaimed, the
property is posted. The staff kind of does both processes to get them to acknowledge there is
a violation.
Evidence presented by code inspector-testimony and documents: description of violation,
code sections violated, photos including dates of inspection, notice and opportunity to comply
was provided. Special magistrate hearing, magistrate issues a lien/order with findings of fact,
conclusions of law. The judge weights the evidence in a judicial manner. Form is pretty
common, imposes a lien for the amount of the fine. Gives them a time frame to get it fixed.
The Lien is filed with the County Clerk of Courts, then iYs a matter of record, which is not
perfected yet. This puts it as a lien of recorded that the new property owner is on new owner.
JF_as this program is evolving, what we're seeing is people with very good intentions
acquiring property and wanting to fix the properties. The new property owner knew it was on
there, and its going to be a recurring issue. Remember, we're still cleaning up old cases.
CK-we won't let them run this long.
BK-at what point would be an appropriate alternate course of action in the process where
we're at now, lien fines accruing, maybe there was an understanding or knowledge of that
this property is headed to foreclosure. Is there a point where there could be an alternate
course that mitigates any further court fees, because every time you file another order,
there's a fee, the city is incurring these costs, that we know there's citizens that are looking to
buy distressed properties and fix them up.
CK-I think you're asking if you can stop the process at some point, you can. Mid-course you
can settle.
JF-one of the issues is that we can't settle, we've received offers, but it has to be put in
writing.
B. Jenkins Handwritten Minutes, March 16, 2021, Page 4 of 7
CK-this could be faster. When a lien is filed and the lien is in favor of the city, the city is the
one that settles not the magistrate.
BK-some discretion given to the attorney to accept an offer, or a citizen approaches.
CK-there are several ways to do that, parameters can be set.
BK-the possibility is there?
CK-yes, we can talk about that
BJ-I understand some of the situations that might arise, but hopefully once the attorney files it
in court, the attorney's fees should never be negotiable because that is charged to the city.
JF-we do not negotiate fees, only penalties, and that's our operating policy.
BK-that was what I was gearing my question towards. If we can prevent any further fees
because we know where its heading and we have a potential purchaser. I'd like to talk about
that, parameters we want to set, when we want to go that route.
JF-what happens in most cases, the first thing they do is try to settle a case. What we're
seeing, the attorney picks up the phone and wants to settle. Basically, we put it on the
violators attorney for a proposal.
CK-I think there are things we can do. The thing you're seeing now is old cases. Walgreens's
property, staff has been dealing with them and no response. What happened was a demand
letter was sent and got instant feedback, now they are very much in touch. They've
acknowledged that their people weren't responsive. Very efficient way to get things settled.
JF-footnote for future discussion. Magistrate swears in witnesses, takes documents and
accepts them into evidence, you can object, cross examine witnesses, magistrate issues
order. People are now effectively appealing that order to you. But you weren't there, and
you've been asked to overturn in an evidentiary proceeding. It's not proper to do that. We
have to recreate the proceeding for you. The case is heard again. The accepted evidence is
all you see. Just as a footnote, want to make that point to talk about that in the near future.
CK-magistrate shall consider the following factors in determining the amount of the fine: the
gravity of the violation, any action taken by the violator to correct the violation, any previous
violations committed by the violator. FS 162.09(2)(b).
JF-several council members asked several questions about the fines and how can we adjust
those.
CK-last time we brought you that ordinance, part 2 of ordinance, part 3 is citations, another
process, give the code enforcement officer, 2009 resolution was adopted for a fine schedule.
It's in your code to be used with the citation process. It has been used in practice.
JF-just looked, but if you`re issued a ticket, you must present to county clerk.
CK-fine schedule is for ticket process. Might be something to look at as we unpack this whole
ordinance. Statute allows magistrate to reduce a fine imposed FS 162.09(2)O. Factors could
include the nature and circumstances of the violation, risk to public health or safety, length of
time.........1 know there is a lot here but his is a good stopping point.
BJ-I attend a number of the meetings and you do an excellent job representing us.
BK-magistrate, how much lead way or discretion does he have. Factors in FS when he's
weighing the evidence that he is restricted to. With or without citizen attendance at the
hearing.
CK-FS does have a number of protections for the property owner, max day penalty allowed,
he is obligated to take testimony from whoever wants to speak, so typically however he will
look at the record. Important city staff to document, put together chronology. Hes limited to
looking at that and the testimony.
BK-you're working on cleaning up back log of cases, pre nason yeager days. WhaYs left,
what's the status of those cases, would it be worth or surmountable to drop some of those
cases, and start fresh. It's not slowing down, you're continuing to get cases.
B. Jenkins Handwritten Minutes, March 16, 2021, Page 5 of 7
CK-I can tell y9ou and give you a report of what's in litigation now, two with an auction date,
ad one pending a date.
JF-that should be rare, when we have to enforce. Deceased owners, probate, and if the
problem has been resolved, its no longer present, are we pursuing those cases. Only if there
is still a problem, we continue to pursue.
BK-towards the end of John's term, matrix of CE Cases approved for foreclosure, but action
never taken.
CK-there is about a half dozen that we have filed, I think we're getting caught up. My list of
litigation matters is 6 or 8 cases, now staff cases they're cleaning up is probably bigger.
BK-brings me back to alternate course of action. Opportunity to clear the deck, no longer
accrue fines, fees, can we offload this.
Chief-we are discussing two different things, magistrate handles cases, legal handles
foreclosure. Cases we've file legally, its almost over. If people are in compliance, the case no
longer exists.
JF-compliance is primary, fine is a tool, if we have this many legal actions within a year, we
are failing. Once you have a program that has credibility, the word gets out. Legal action is a
failure.
BK-what you just said is obviously an exception, not what we're dealing with now. CE takes it
to fines, lien recorded, when is the daily fines the magistrate assesses stops?
CK-when they come into compliance.
BK-so the property is accruing up to foreclosure? Is there a remedy of possibly legal/court
costs/lien forgiveness if requested.
DW-I think that's what the attorney wants permission to negotiate. He won't negotiate on
fees, but on fines. If we give him that authority, which we haven't done yet. That's what
they're going to be asking us for with the ordinance.
WA-the cases that have been filed are public record. Can we get the information?
JF-I gave you a memo about two months ago.
WA-are you going to come back to us as far as the magistrate approving reductions. Is there
going to be a chart/schedule? Some type of matrix the council could agree on for the council
to use.
JF-that was some direction I got from you all last time. Dozens of variables and factors, first
time violator a lot of flexibility, 5 time violator, game over. We're going to look at what other
programs do. We want consistent application of fines.
DW-than you Carlyn
E. Consider a request to use FLAGLER PARKS No. 2 and 3(Blocks G and L) to recognize
the graduating class of 2021 with temporary signs featuring a photograph and name of
each senior, displaying approximately one week before graduation on May 28 (Exhibit
5).
Motion by Council Member MC , seconded by Council Member
WA
DW-any discussion?
WA-as far as the cost, it was donated to do this last year.
CC-getting approval for park use,
WA-so donations will be solicitated.
CC-we may be coming back with. Wanting to
B. Jenkins Handwritten Minutes, March 16, 2021, Page 6 of 7
Mayor Watford Y, Council Members Abney_Y , Clark Y_, Jarriel_Y ,
Keefe Y . Motion Carried/Failed.
VI. CITY UPDATE
JF-very quick, CCRAC we are having amazing thoughtful discussions, every meeting 3 hours
plus, MR. Ritter MDO and I have put our heads together to see how to deliberate this. At the
next meeting, we are going to talk about a couple different approaches, pulling out concepts.
Chair Ritter suggested having a half-day session to plunge through, then when you're getting
momentum, great questions and comments, article 2 and 3 is the meat, the administrator
position, department heads, mayor position. Fire Services — had a very timely meeting today
with the County, everyone, to talk about where we were in the process. Lots of rumors
swarming around, working with MDO to put in writing what the expectations are, and the
processes to get to point B. also today we received a letter from a law firm representing 2918
requesting a legally binding collectively bargaining process. Its staggering to me that we get
this letter at the 11th hour. We will work with the appropriate representatives. Clear that this
council has done everything legally possible. This letter was also sent to the County. They're
asking for a joint bargaining not sure that's going to happen. We have certain obligations, and
the county has different obligations. I will keep you apprised and give you separate briefings.
WA-what are they wanting. Want a copy of that.
DW-if we meet with them, it's an executive session. Public is not allowed.
JF-absolutely.
VIL COUNCIL COMMENTS
WA-none apologize for missing parade.
BJ-we had a nice parade, a lot of vendors, a lot of activity in Okeechobee this weekend,
tonight's meeting talking about code enforcement very heavy. I would just ask that we are very
consistent with code enforcement and I believe that we are not setting an example as a city.
We need to look at our program and we need to pick it up. The city property needs to set an
example as well. That's the bad thing the good thing is we have a town hall meeting Monday
night, and the people will be there to tell us. We have had a lot of publicity.
BK-what's the status of the sinkholes by the school board building.
DA-PO is approved, waiting on scheduling.
MC-none.
BP-sometime in June 441 and railroad tracks will shut down completely for 10 days.
DW-traffic will be rerouted thru Deans Court, Fire and EMS will not have to be rerouted.
BP-I will provide an update.
MC-I don't think we've had one accident since the light has been installed. But there are a lot
of people running the light.
DA-we're working on the hardware for the blue lights, bypass on the railroad tracks, pedestrian
crosswalks and signals. Right now they are adding 6 or 8 additional light fixtures there.
VIII. The meeting was adjourned at 718 P.M.
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