2021-06-10 Minute Packet1'''���'/� :iiyl _
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PUBLIC NOTICE
CITIZENS CHARTER REVIEW
ADVISORY COMMITTEE MEETING
NOTICE IS HEREBY GIVEN that the City of Okeechobee Citizens Charter
Review Advisory Committee (CCRAC) will not meet on Thursday, June 10,
2021, 6PM, as the meeting has been cancelled. The next regularly scheduled
meeting is July 8, 2021 at 6:00 P.M.
The purpose of the CCRAC is to gather facts and information based on
deliberations and public input in order to make a recommendation to the City
Council for possible amendments to the City's Charter. The Charter is
essentially the City's constitution and outlines what authority is given to
elected officials and staff as well as what services are to be provided to the
residents. The public is invited to attend and be heard on all matters.
Copies of the agenda will be available at the meeting, or prior to the meeting,
may be viewed/downloaded from: https://www.cityofokeechobee.com/charter
-review. 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: Gary Ritter, Chairperson POSTING:6/9/2021-RB
Patty Burnette
From: City Attorney
Sent: Monday, June 7, 2021 5:09 PM
To: Robin Brock
Cc: Marcos Montes De Oca; Patty Burnette; Missy Hernandez; Carlyn H. Kowalsky; Gary
Ritter
Subject: Notice of Cancellation -- CCRAC Meeting of JUNE 10, 2021
Dear CCRAC members-
The CCRAC Meeting scheduled for JUNE 10, 2021, is cancelled due staffing issues.
This meeting will be rescheduled as soow� as reasonably possible. Robin Brock will
coordinate with you directly on an acceptable day and time consistent with your
schedules. Thank you for your cooperation.
John J. Fumero
CITY ATTORNEY
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°F'OkFF CITY OF OKEECHOBEE Committee Members
�tio _ Gary Ritter, Chair
::,� ° CITIZEN CHARTER REVIEW Myranda Whirls, Vice Chair
�` " ADVISORY COMMITTEE Wes Abney
� o`�' S5 SE THIRD AVENUE Suzanne Bowen
�_� - �, Jamie Gamiotea
,915. OKEECHOBEE, FL 34974 Jeremy LaRue
JUNE 10, 2021 sandy Perry
s:�� P.M. Cary Pigman
Hoot Worley
OFFICIAL AGENDA Ex Officio Member
Marcos Montes De Oca
CALL TO ORDER
II. ATTENDANCE
III. AGENDA AND PUBLIC COMMENTS
A. Motion to adopt agenda.
B. Public participation for items not on the agenda requires a comment form.
IV. MINUTES
A. Approve the May 13, 2021 minutes.
V. NEW BUSINESS
A. Appoint Vice Chair Myranda Whirls as Chair of the Citizen Charter Review Advisory Committee and
appoint a new Vice Chair.
B. Continue review of City Clerk responsibilities (Exhibit to be provided)
C. Review Model City Charter (Exhibit 1).
D. Final Steps — Consider when/how to present proposed Charter to City Council.
VI. ADJOURN MEETING
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the CCRAC with respect to any matter
considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence
upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special
accommodations to participate in this proceeding should contact the City Clerk's Office in person or call 863-763-9814, Hearing Impaired:
Florida Relay 7-1-1 no later than four business days prior to proceeding.
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Draft Minutes
Exhibit 1
CITY OF OKEECHOBEE
CITIZEN CHARTER REVIEW ADVISORY COMMITTEE
JuNE 10, 2021
LIST OF EXHIBITS
May 13, 2021
Bill of Rights and Articles 1-8
~`4�.pF•Okf�'CyOm CITY OF OKEECHOBEE
a o CITIZENS CHARTER REVIEW ADVISORY COMMITTEE
`° � � � MAY 13, 2021
OFFICIAL MINUTES
I. CALL TO ORDER
Chairperson Ritter called the regular meeting of the Citizens Charter Review Advisory
Committee (CCRAC) for the City of Okeechobee to order on Thursday, May 13, 2021, at
6:00 P.M. in the City Council Chambers, located at 55 Southeast 3�d Avenue, Room 200,
Okeechobee, Florida. The invocation was given by Member Chandler, followed by the
Pledge of Allegiance.
II. AITENDANCE
The following CCRAC Members were present: Suzanne Bowen, Noel Chandler, Jamie
Gamiotea, Jeremy LaRue (entered the Chambers at 6:23 PM), Sandy Perry, Cary Pigman,
Gary Ritter, Myranda Whirls and Hoot Worley. Ex-Officio Members Marcos Montes De Oca
and Wes Abney, City Attorney John Fumero, Executive Assistant Robin Brock and General
Services Coordinator Patty Burnette were present as well.
III. AGENDA AND PUBLIC COMMENTS
A. Motion by Member Worley, seconded by Member Perry to adopt the agenda as
presented. Motion Carried Unanimously.
B. There were no comment cards submitted for public participation for any issues not on
the agenda.
IV. MINUTES
A. Motion by Member Worley, seconded by Member Pigman to dispense with the reading
and approve the April 22, 2021, Regular Meeting minutes. Motion Carried
Unanimously.
V. NEW BUSINESS
A. After the April 22"d meeting, Attorney Fumero re-wrote Article 5 of the Model City Charter
to make it less complicated. C-5.3 was removed in its entirety. After discussing,
members noted one additional change. C-5.1 (c) amend the last sentence of the
paragraph to read as follows: The terms of the sitting o�cials shall be extended as
necessary to accomplish the election date revision made pursuant to this Section in
accordance with Section 2.3 of the Charter.
B. Members discussed Article 6 of the Model City Charter prepared by Attorney Fumero.
C-6.2, amend the reference to deleted section C-5.3. C-6.3, delete the second sentence
in its entirety. Amend fourth sentence to read, In addition, the Council may appoint by
majority vote any additional members to the charter review commission which have
submitted applications or letters of interest following public notice of such action.
C. Members discussed Article 7 of the Model City Charter. Attorney Fumero explained C-
7.2 Ethical Standards, is subject to the law and based on State Statutes. One cannot
vote on something that would benefit them. Must disclose this.
ROUGH DRAFT CCRAC MINUTEs, MAY 13, 2021, PAGE 1 OF 2
V. NEW BUSINESS ITEMS CONTINUED
C. One may participate in discussion but cannot vote. Amend C-7.5 to reflect a super
majority. Amend C-7.6 to read as follows, In case of a conflict between the provisions of
tis Charter and the provisions of the Code of Ordinances to be adopted pursuant fhereto,
the Charter terms shall control. Moreover, nothing in this Charter shall be construed to
alter, abolish, affect, or amend the general laws of the State of Florida, now in force, or
which hereinafter may be enacted relative to or affecfing this City. However, where such
laws are in direct conflict in which case the provisions of the general laws of this State
shall supersede and be in full force and effect. C-7.7 amend sexual orientation or gender
to sexual preference or gender identity.
D. Members discussed Article 8 of the Model City Charter. Attorney Fumero commented
this section lets one know the City is going through a transition period as once the
Charter is adopted there will be a huge project to have revisions made to the ordinances.
Consensus of the Committee was to have Attorney Fumero amend the paragraph to
have a few sentences instead of one.
E. Next agenda items will be to review and discuss the entire Charter which will include all
revisions to date and at the June 10th meeting continue the discussion regarding the City
Clerk's position, and who would be responsible for the appointment, supervision and
removal of their staff.
VI. ADJOURN MEETING
Chairperson Ritter adjourned the meeting at 7:08 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.
ROUGH DRAFT CCRAC MiNUTes, Mav 13, 2021, PAGE 2 OF 2
Exhibit 1
6/10/2021
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CITIZENS' BILL OF RIGHTS
The City of Olceechobee (the Cityj recognizes that Democracy is a form of government in which peaple's
participation is of primary importance. Citizens must have a voice in decision-mal<ing. Decision-makers
in government are accounta6le to the public. The orderly, efficient and equitable governance and
operation of the City is enhanced when there 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 equitable treatment, the following Citizens' eill of Riqhts are established:
1. 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.
2. 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 and places
convenient to the public.
3. Accessibility. Every person should have the ability to transact City business with accessibility and
convenience. The City Council, the City Administrator and all City employees shall provide reasonably
convenient times for required inspections, for transacting business with the City, and for registration and
voting.
4. 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, including any
advisory bodies, and the like, and the ordinance register shall be available for public inspeciion not later
than 30 days after the conclusion of the meeting.
5. 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 presentation,
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 proper
decorum.
6. 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 available at a
reasonable time prior to the hearing, unless the matter involves an emergency ordinance or resolution.
7. 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.
8. Budgeting. In addiYion to any budget required by state statute, the City Administretor at the direction
of the Mayor shall prepare a budget showing the cost of each department for each budget year. Prior to
the City Council's first public hearing on the proposed budget required by state law, the 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, and the amount of any contingency
and carryover funds for each department.
9. 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, regional, State
and Federal regulatory bodies when actions may, significantiy affect the City and its residents.
10. Construction. AII 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 invalid, it shall
not affect the validity of the remaining provisions. Nothing herein is intended to create any legally
enforceable rights or causes of action in a court of law. The City Council, the City Administrator and the
City staff shall, to the extent reasonable, carry out these responsibilities a�d strive to achieve them
whenever possible and when provided by law.
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Table of contents
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CITY OF OKEECHOBEE CHARTER
We, the people of the City of Okeechobee (the City), in order to preserve and protect 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 and 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.
4 C-1.3. - Corporate Boundary.
The corporate boundary ofthe City shall be as follows:
THAT A MUNICIPALITY to be called the City of Olceechobee is hereby established in the County of
Okeechobee, the territorial boundaries of which shall be as follows: Beginning at the Northeast corner
of the Northwest quarter of the Northeast quarter of Section 15 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 East along section line dividing
Settion 9 and 16 and 10 and 15 to Point of Beginning;
AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY
BOUNDED AS FOLLOWS: Beginning at the Northeast corner of the Northeast quarter of Section
28 Township 37 South of Range 35 East and then run South to the Southeast corner of the Northeast
quarter of Section 28, Township 37 South of Range 35 East, then run West to the Southwest corner of
the Northeast quarter ofSection 23 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;
AN� 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 Official Records Book 207, Page 177, Public Records of
Okeechobee County, Florida; thence bear South 89'S9'S3" West along the South boundary of said
property described in Official Records Book 207, Page 177, a distance of 351.67 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 feet; 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" East
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'S9'S3" East a distance
of 44833 feet along the South boundary of said property described in Official Records Book 207, Page
177; thence bear South 00°00'07" East 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 South 89"32'S4" West a distance of 44836 feet to the Point of
Beginning. All lying and being in Sections 9 and 30, Township 37 South, Range 35 East; adopted on June
6, 1983 by Ordinance No. 486 recorded in OR 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 16, inclusive of
elock 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 11 through 16, inclusive of Block 69; Lots 11 through 16, inclusive of Block
76 and Lots 1 through 6, inclusive of Block 77 all located in Canner's Highlands, as recorded in Plat Book
1, Page 21, Official Records of Okeechobee County; adopted on August 1, 1983 by Ordinance No. 489
recorded in �R 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 FOLLOWS: Lots 17 through 26, inclusive af 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 Block 76; Lots 17
through 26, 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 November 19, 1955 by Ordinance No. 563
recorded in OR Book 280 Page 921, 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 10, inclusive of Block 52; and Lots 17 through 26, inclusive of
Block 45 all located in Conner's Highlands, as r.ecorded in Plat Bool< 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 TERRITORY
BO UNDED AS FOLLOWS: Parcel "C": South one-half of Southwest one-quarter of Northwest one-quarter
of Northwest one-quarter. Lying in Section 27, Township 37 South, Ra�ge 35 East, OI<eechobee County,
Florida; adopted on lanuary 20, 1987 by Ordinance No. 587 recorded in OR Book 284 Page 374, Public
Records of Okeecho6ee County, Florida;
AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY
BOUNDED AS FOLLOWS: Lot 7 of Block 76 located in Conner's Highlands, as recorded in Plat Book 1,
Page 21 Official Records of Okeechobee County; adopted on September 5, 1989 by Ordinance No. 613
recorded in OR Book 3D7 Pages 220-221, Public Records of Okeechobee County, Florida;
AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY
BOUNDED AS FOLLOWS: PARCEL I 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 Creel<; also the West 176 feet of the Northeast one-quarter of the Northwest
one-quarter of the Northeast one-quarter, less Plat of the 2nd Addition of Okeechobee Estates, also
less and except the following described parcel: Beginning at the Southeast corner of Lot No. 14,
Okeechobee Estates, according to replat of Lots 1 to 14 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 more 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" East for a distance of 100 feet, more or
less, to Point of Beginning. All being in Section 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 West 176.00 feet of the Northeast 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 TERRITORY
BOUNDED AS FOLLOWS: PARCEL VI That part of the Southwest quarter of Northwest quarter of
Northeast quarter lying North and East of Taylor Creel<; that part of the South half of Northeast quarter
lying North and East of Taylor Creek; that 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 3Z0 Page 480, Public Records of Okeechobee County, Florida;
AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY
BOUNDED 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 Sunreyor 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 Section 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 Ib 6221) on the East
right-of-way line of U.S. 441, (a/k/a State Road 15 and Parrott Avenue, 100 feet wide right-of-way;
Thence, leaving the South line of the Northeast quarter of Section 28, 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 OI<eechobee, as recorded in Plat Book 1, 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) o� the East line of said Section 28; Thence, leaving the South line of Block 51, bearing North
00°07'12" West along said East line of Section 2S and along the East line of said Block 51, a distance of
295.93 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179}; Thence, leaving
the East line of Section 2S and the East line of Block 51, bearing North 89°18'40" East a distance of
483.36 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing
North 00°10'23" West a distance of 121.82 feet, to a set 7/8 " iron rod with aluminum alloy cap (stamped
ECD PLS 5179); Thence, bearing North 89"18'40" East along the North line of5outh 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 (stamped ECD PLS 5179); Thence, bearing South 00'10'23" East along a line 1421.61
feet East of and parellel with the centerline of the aforesaid U.S. 441, a distance of 730.00 feet to a set
7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing South 89°18'40" West
a distance of 285.41 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179);
Thence, 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 ailoy cap (stamped M.F. Lenz Co. LB 6221); Thence,
bearing South 89°18'28" West along the North line of lands of City Markets Building, Inc. as recorded in
Official Records Book (O.R.B.) 205, Page 285 and Official Records Book 201, Page 73, a distance of
1021.76 feet to a set 7/8 " iron rod with aluminum alloy cap (stamped ECD PLS 5179), at the Southeast
corner of those lands of Louis R. Demicco as recorded in Official Records Book 200, Page 893 Public
Records of Olceechobee County, Florida; 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 5179�; 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 contain 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
OI<eechobee County, Florida.
CONSISTING OF APPROXIMATELY 2651.649 ACRES, MORE OR LE55. (TOTAL AREA IN ACREAGE OF THE
CITY OF OKEECHOBEE AS HEREIN DESCRIBED AS OF THE DATE OF THE LAST ANNEXATION ON MARCH
17, 1998 SET OUT ABOVE).
§ C-1.4. - Powers.
The City shall have and may exercise all available governmental, corporate and proprietary powers,
allowable under law and the Constitution. 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 Fiorida, as fully and
completely as though 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 and its authority to
conduct municipal business.
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ARTiCLE 2. - CITY COUNCIL; MAYOR
§ C-2.1. - City Council.
There shall be a City Council (or the Council). Except as otherwise prescribed herein provided by law, all
legislative and police powers of the City shall be vested in the Council, including but not limited to the
setting of policy, approval of budget, determination of tax rates, hiring and firing of the charter officers,
police chief, City Attorney, City Administretor, and the development of community land use policies and
regulations. The Council may create and appoint committees includi�g any advisory bodies. The Council
shall consist of four (4) members ("Council Members") in addition to the Mayor. References in this Charter
to the City Council or Council shall inciude the Mayor unless the context dictates otherwise.
Special meetings may be held at the call of the Mayor or a majority of the Council. Emergency matters
may be acted upon without notice when authorized by a majority vote of the entire Council. Unless
otherwise specified, all other action of the Council shail be by affirmative vote of the majority of a quorum
present. The Council shall establish rules and order of business. A majority of the Council shall constitute
a quorum.
Meetings. The Council shall meet regularly at such times and places as the Council may prescribe. The
Council shall hold at least 11 regular monthly meetings in each calendar year, at such times and places as
the Council shall set by resolution. Special meetings may be held on the call of the Mayor or upon the call
of three members of the Council upon no less than 24 hours' notice to each Member and the public, or
such shorter time as four Council Members shall deem necessary in case of an emergency affecting the
public health, safety, welfare orthe public peace.
§ C-2.2. - Mayor and Vice Mayor.
(a) Powers of the Mayor. The Mayor 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 documents, and as the City official designated to
represent the City in all dealings with other governmental entities. The Mayor shall preside at
meetings of the Council, 6e a voting member of the Council, and may create and appoint
committees in consultation with the Council. In addition, the Mayor shall ensure Council
meetings are conducted in an orderly and efficient manner in accordance with Roberts Rules of
Order, as may be amended from time to time, and other pertinent procedures and policies.
(b) In addition to the regular powers invested in any other Council member, the Mayor shall have
the power to declare an emergency situation, and other related emergency declarations.
(c) The Mayor shall have no other powers and duties beyond those conferred by this charter or by
the Council in accordance with the provisions of this charter.
(d) At the first Council meeting after the 30th day following the day ofthe general or run-off election
of the 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
Mayor.
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ARTICLE 2
(e) 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
30'^ 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.
(� In the absence or disability of both the Mayor and Vice-Mayor, the Council designate one of their
number to act temporarily in the capacity of the 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 forfour
year terms by the electors of the City in the manner provided in Article 5 of this Charter.
§ C-2.4. - Qualifications.
Candidates for Council 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 ordina�ce and payment to the City Clerk.
By ordinance, the Council may establish In lieu of a fee option for candidates to qualify. 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. Candidates for Council 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 Office of Council
member. The Council may establish additional specific residency requirements by Ordinance,
§ C-2.5. - Vacancies; Forfeiture of Office; Filling of Vacancies.
(a) Vacancies. The office of a Council 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 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 Council.
ii) Forfeiture by absence. A Council Member shall be su6ject to forfeiture of their office, in
the discretion ofthe remaining Council Members, ifs/he is absent with good cause from
any (6) regular meetings of the Council during any calendar year, or if s/he absent
without good cause from any four (4), or three {3) as to the Mayor, consecutive regular
meetings of the Council during the same calendar year.
iii) Procedures. The Council shall be the sole judge of the qualifications of its members and
shall hear all questions relating to forfeiture of office, including whether or not good
cause for absence has been or may be established. The burden of establishing good
cause shall be on the Council. A Council Member whose qualifications are in question,
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�,�'�e'��E �
or, who is otherwise subject to forfeiture of his/her office, shail not vote on any such
matters. The Council Member in question shall be entitled to 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 general circulation, or other
means deemed acceptable by resolution, in the City at least one week in advance of the
hearing. Any final determination by the Council in this regard shall be made by
resolution. All votes and other acts of the 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 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 Council.
ii) If the vacancy occurs on the Council, and no more than six (6} months remain in the
unexpired term, the vacancy shall be filled by a nominee of the Council, within forty-five
(45) days following the occurrence of the vacancy subject to confirmation of the Council.
If more than twenty-four (24) months remains in the unexpired term of a Council
Member, the vacancy shall be filled by a special election to he held not soonerthan forty-
five (45) days or more than one hundred twenty (120) days following the occurrence of
the vacancy, unless there is a City, County, State or national election scheduled to talce
place not sooner than forty-five (45) days or more than one hundred twenty (120j days
following the occurrence of the vacancy, in which case the vacancy shall be filled by the
scheduled election. The vacancy occurring on the Council shall be filled by a Council
Member within forty-five (45) days following the occurrence of the vacancy, subject to
the confirmation of the Council. The nominee shall fill the vacancy until the special
election or scheduled election.
iv) Persons filling vacancies shall meet the qualifications specified in Section 2.4 of this
Charter. Council may prescribe by ordinance addition requirements to qualify.
iv) If no candidate for a vacancy meets the qualifications under this Article for thatvacancy,
the Council shall appoint a person qualified under this Article to fill the vacancy, who
shall serve until the next regulariy scheduled election for the balance of the original
term, but oniy 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 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 Council are removed by death, disability, recall,
forfeiture of office and/or resignation, the Governor ofthe State of Florida shall appoint
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ARTICLE 2
interim 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 interim Council
Member appointee(s) by the Governor shall serve out the unexpired terms. Appointees
must meet ail requirements for candidates provided for in Article 2.
§ C-2.6. - Compensation; reimbursement for expenses.
Council Members (including the MayorJ shall receive compensation on a monthly basis. Compensation,
as established by Ordinance, shall be increased in accordance with the U.S. Consumer Price Index. Further,
the 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 official of the
City to the extent permitted by the Florida Constitution and the laws of the State of Florida. The minimum
number of electors of the City which shall be required to initiate a recall petition shall be ten (10%aJ 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.
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ARTICLE 3. - ADMINISTRATIVE
§ C-3.1. - City Administrator.
There shall be a City Administrator (the "Administrator") who shall be nominated by any Council Member
and confirmed at a duly noticed Council meeting by a majority of the Council. The Administrator shall be
retained for an employment contract with specified conditions and terms, including but not limited to
compensation and benefits, as set by the Council. The Administrator shall be the chief administrative
officer of the City and shall be appointed on the basis of his/her education, experience, executive and
administrative qualifications. The Administrator shall be responsible to the Mayor and the Council for the
administration of all City affairs, as outlined herein and in ordinances. The Administrator shall be
responsible for the administration of all departments and divisions of the City government, and for
carrying out policies adopted by the Council.
(a) No Council Member shall be eligible for appointment as City Administrator during the term for
which s/he has been elected and until two (2) years after its expiration. The Administrator need
not be a resident of the City.
(b) Removal. The Administrator may be suspended or removed from office upon the vote of the
majority of the total membership of the Council, which shall set forth the reasons for suspension
or removal. The Administrator shall continue to receive full compensation until the effective date
of a final resolution of removal, unless otherwise determined by the Council. Notwithstanding
anything herein, the Administrator may be removed from office with or without cause. Upon
removal from office, the Council may appoint an Interim or Acting Administrator until such time
as a permanent replacement is appointed by Council.
§ C-3.2. - Powers and Duties of the City Administrator.
The Administrator shall:
(1) Be responsible for management and oversight of all City departments, and offices therein, as
specified by ordinance, except for the City Attorney, the Police Chief, police department staff, and
City Clerk;
(2) Direct and supervise the administretion of all departments and offices, but not Councii appointed
committees, boards or agencies, unless as may directed by the Council from time to time;
(3) Attend all Council meetings and have the right to take part in discussion but not the right to vote;
(4) Ensure that all laws, provisions of this Charter, ordinances, and acts of the Council, subject to
enforcement and/or administration by the Administrator, or by City personnel subject to his/her
supervision, are faithfully executed;
(5) Prepare and submit to the Council a proposed annual budget and capital improvement projects
program;
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I4RTIGLE �
(6) Submit to the Council, and mal<e available to the public, an annual report on the finances, budget
and administrative activities of the City as of the end of each fiscal year, or as may otherwise be
directed by the Council.
(7) Prepare such other reports as the Council may require concerning the operations of City
departments, offices, boards, and agencies;
(8) Keep the Council fully advised as to the financial conditions and future needs of the City and make
such recommendations to the Council concerning the affairs of the City as s/he deems to be in
the best interest of the City;
(9) Perform such other duties as are specified in this Charter or as may be required by the Council or
ordinance.
§ C-3.3. - Acting City Administrator.
To perform his/her duties during his/her temporary absence, disabiiity, the Administrator may designate
by letter filed with the Council, a qualified City officer to exercise the powers and perform the duties of
Administrator during his/her absence or disability. During such absence or disability, the Mayor, with the
approval of the Council, may revoke such designation at any time and appoint another officer of the City
to serve until the Administrator shall return, or when his/her disability shall cease. The Acting Ciry
Administrator may be paid or otherwise compensated at the discretion of the Council.
§ C3.4. — Bond of City Administrator.
The Administrator shall furnish a fidelity bond or such other insurance instrument of comparable
protection to be approved by the Council, and in such amount as the Council may fix, with either
instrument to be conditioned on the faithful performance of his/her duties. The premium of the bond
shall be paid by the City.
§ C-3.5. - City Clerk.
The Clerk shall give notice of Council meetings to its members and the public, shall keep the minutes of
the City's proceedings which shall be a public record, and is authorized to administer oaths, attest to the
Mayor's or Administrator's signatures, and shall perform such other duties as the Council may prescribe
from time to time. The City Clerk shall be the official records custodian of the City for all purposes. The
City Clerk may serve as the City Supervisor of Elections as may be determined by the Council. The City
Clerl< shall maintain a City Code of Ordinances and administrative policies and regulations.
§ C-3.6. - City Attorney.
The Council shall nominate and confirm an individual attorney, or a law firm, to act as the City Attorney
under such contract terms and conditions as may be established by the Council, from time to time,
consistent with this Charter. The City Attorney shall report to the Council and, after full consideration,
may only be removed by a majority vote of the total membership of the Council. The City Attorney shall
attend all Council meetings and have the right to tal<e part in discussio� but not the right to vote, and shall
DRAFT 06/03/2021
ARTICLE 3
perform such other duties as are specified in this Charter or as may be required by the Council. The City
Attorney shall keep the Council fully advised as to the legal affairs as weil as related future needs of the
City, and mal<e such recommendations to the Council concerning the afFairs of the City as s/he deems to
be in the best interest of the City. The City Attorney shall be the chief legal officer of the City and is
responsible for providing or supervising all legal counsel to City boards, advisory committees a�d the like.
§ C-3.7. - City Code of Administrative Regulations.
The City Clerk shall maintain a City Code of Ordinances and administrative policies and regulations. The
Council shall, by ordinance, establish appropriate procedures of reasonable notice and public comment
on proposed administrative policies or regulations affecting the general public prior to tal<ing final action
on the same.
§ C-3.8. - Expenditure of City Funds.
No funds of the City shall be expended except pursuant to duly approved appropriations.
§ C-3.9. - City Boards and Agencies.
The Council shall establish or terminate advisory committees, boards and agencies, as it may deem
advisable from time to time. The advisory committees, boards and agencies shall report directly to the
Council; however the City Administrator or City Clerk, as appropriate, shall provide the administrative
support to such Council-appointed committees, 6oards and agencies, as determined by the Council.
§ C-3.10. - Competitive Bid Requirements/Purchasing.
(a) Except as otherwise provided by law, contracts for public improvements and purchases of
supplies, materials or services shall be awarded or made on the basis of clearly drawn
specifications and competitive bids, as may be required by ordinance. The City Council shall have
the power, in its sole and absolute discretion, to reject all bids and advertise again.
Notwithstanding anything herein, in those circumstances, based on the written recommendation
of the City Administrator or City Attorney, and determined by a majority vote of the Council, that
expedited actions are needed for the protection of the public health, safety or welfare, or which
are impracticable or otherwise not advantageous to the City to do so, contracts for purchases of
supplies, materials or services may be awarded without competitive bids, or as may otherwise be
authorized by law or executive order.
(b) The Administrator, by ordinance, may be granted purchasing power without competitive bidding
under specified dollar thresholds.
(c) No contract or order shall be issued to any vendor unless or until the Finance Director or the
Administrator certifies that there is to the credit of such office, department or agency a sufficient
unencumbered budget appropriation to pay for the supplies, materials, equipment or contractual
services for which the contractor order is to be issued.
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ARTICLE 4. - LEGISLATIVE
§ C-4.1. — Council Meeting Procedures.
(a) Meetings. The Council shall hold at least ten (10) regular monthly meetings in each calendar year,
at such times and places as the Council may prescribe.
(b) Rules of Procedure and Order. The Mayor, with the advice and consent of the Council Members,
shall determine rules of procedure and order of business for any and all public meetings,
worl<shops, or other such proceedings.
(c) Quorum and Voting. Voting on ordinances shall be by roll call on final reading and shall be
recorded. All other matters shall be by voice vote unless a Council Member or the City Clerk
requests otherwise. No ordinance, except as otherwise provided in the Charter, shall be valid or
binding unless adopted by the affirmative votes of at least three (3) Council Members. Council
Member participation, and/or establishment of a quorum, by "communications media
technology" is acceptable if allowable under pertinent State law or emergency order oF the
Governor.
§ C-4.2. - Prohibitions.
(a) Appointment and Removal. Neither the Council, nor any of its members, shall in any manner
dictate the appointment or removal of any City officers or employees whom the Administretor or
any of his/her subordinates are empowered to employ or appoint.
(b) Interference with Administration. It is the intent of this Charter that recommendations for
improvement in City government operations by individual Council Members be made to and
through the City Administretor, or at duly noticed Council meetings.
(c) Holding Other Office. In addition to that prescribed by law, no elected City official, with the
exception of a duly elected City Clerl<, shall hold any appointive City office or City employment
while in office. No former elected City official shall hold any compensated City employment until
at least one (1) year after the expiration of his/her term.
§ C-43. - Ordinances.
(a) Actions Requiring an Ordinance. In addition to other acts required by law or by specific provision
of this Charter to be affected or authorized by ordinance, those acts of the Council shall be by
ordinance which:
(1) Adopt or amend an administrative regulation or establish, alter or abolish any City
office, department, board or agency;
(2) Establish a rule or regulation the violation of which carries a penalty or other penal
measures;
(3) Levy taxes or appropriate funds;
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ARTICLE 4
(4) Grant, renew or extend a franchise;
(5) Set service or user charges for municipal services or grant administrative authority to
set such charges;
(6) Authorize the borrowing of money;
(7) Convey or lease or authorize by administrative action the conveyance or lease of any
lands of the City; or
(8} Amend or repeal any ordinance previously adopted, except as otherwise provided in
this Charter.
(b) Procedure. The Council may adopt procedures with respect to the passage of ordinances in
accordance with applicable law.
§ C-4.4. - Emergency Ordinances.
To meet a public emergency affecting the public health, safety or welfare, or the public peace, the Council
may adopt, in the manner provided in this Section, one or more emergency ordinances, but such
ordinances may not: levy taxes, grant, renew or extend any municipal franchise; set service or user charges
for any municipal services; or authorize the borrowing of money except as provided under the emergency
appropriations provisions of this Charter if applicable.
(a) Form. An emergency ordinance shall be introduced in the form and manner prescribed for
ordinances generally, except that it shall be plainly designated in a preamble as an emergency
ordinance and shall contain, after the enacting clause, a declaration stating that an emergency
exists and describing it in clear and specific terms.
(b) Procedure. An emergency ordinance may be adopted with or without amendment or rejected at
the meeting at which it is introduced and shall be enacted by no less than three members of the
Council. ARer its adoption, the ordinance shall be published and printed as prescribed for other
ordinances.
(c) Effective Date. An emergency ordinance shall become effective upon adoption or at such other
date as may be specified in the ordinance.
(d) Repeal. Every emergency ordinance except emergency appropriation ordinances shall
automaticaily be repealed as of the sixty-first (61'�} day following its effective date, but this shall
not prevent re-enactment of the ordinance under regular procedures, or if the emergency still
exists, in the manner specified in this Section. An emergency ordinance may also be repealed by
adoption of a repealing ordinance in the same specified in this Section for adoption of emergency
ordinances.
(e) Emergency Appropriations. The Council may make emergency appropriations in the manner
provided in this Section. To the extent that there are no available unappropriated revenues to
meet such appropriations, the Council may by such emergency ordinance authorize the issuance
iDI�A�� ��/�D3/�021
ARTICLE 4
of emergency notes, which may be renewed from time to time, but the emergency notes,
including renewals thereof, shall be payable not later than the last day of the fiscal year next
succeeding the fiscal year in which the emergency appropriation ordinance was originally
adopted. All emergency appropriations shall be subject to the independent audit set forth in
Section 4.10 below.
§ C-4.5. - Annual Budget Adoption.
(a) Balanced Budget. Each annual budget adopted by the Council shall be a balanced budget.
(b) Budget Adoption. The Council shall by ordinance adopt the annual budget on or before the
thirtieth (30'"� day of September of each year. If it fails to adopt the annual budget by this date,
the Council may by resolution direct that the amounts appropriated for current operations for the
current fiscal year shall be deemed adopted for the ensuing fiscal year for a period of fifteen (15)
days and renewed by resolution each fifteen (15) days, with all items in it prorated accordingly,
until such time as the Council adopts an annual budget for the ensuing fiscal year. An ordinance
adopting an annual budget shall constitute appropriation of the amounts specified therein.
(c) Specific Appropriation. The budget shall be specific as to the nature of each category of
appropriations therein. Reasonable appropriations may be made for contingencies, but only
within defined spending categories.
§ C-4.6. - Fiscal Year.
The fiscal year of the City government shall begin on the first day of October and shall end on the last day
of September of the following calendar year. Such fiscal year shall also constitute the annual budget and
accounting year.
§ C-4.7. - Appropriation Amendments or Budget Amendments during the Fiscal Year.
(a) Supplemental Appropriations or budget amendments. If, during any fiscal year, revenues in excess
of those estimated in the annual budget are available for appropriation, the City Council may
mal<e supplemental appropriations for the fiscal year up to the amount of such excess.
(b) Reduction of Appropriations. If, at any time during the fiscal year, it appears probable to the
Administrator that the revenues available will be insufficient to meet the amount appropriated,
he/she shall report in writing to the City Council without delay, indicating the estimated amount
of the deficit, and his/her recommendations as to the remedial action to be taken, The City Council
shall then take such action as it deems appropriate to prevent any deficit spending.
§ C-4.8. - Authentication, Recording and Disposition of Ordinances; Resolutions and Charter
Amendments.
(a) Authentication. The Mayor and the Clerk shall authenticate by their signature all ordinances and
resolutions adopted by the Council. In addition, when Charter amendments have been approved
by the electors, the Mayor and the Clerk shall authenticate by their signatures the Charter
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���n��� �
amendment, such authentication to reflect the approval of the Charter amendment by the
electorate. Ordinances must be approved as to legal form by the City Attorney.
(b) Recording. The Clerk shall keep properly indexed books in which shall be recorded, in full, all
ordinances and resolutions passed by the Council. Ordinances shall, at the direction of the Council,
be periodically codified. The clerk shall also maintain the City Charter in current form and shall
enter all Charter amendments.
(c) Record Availability. The Council shall establish procedures for malcing all resolutions, ordinances,
policies, or Codes adopted by reference, and this Charter, accessible to the people of the City on
the City's website and other electronic means deemed appropriate, and shall otherwise be
available for public inspection, or for purchase at a reasonable price.
§ C-4.9. - Annual Tax Levy.
The City shall have the right to levy, assess and collect all such taxes as are permitted by law, including
without limitation ad valorem, excise, franchise or privilege taxes on services and utilities.
§ C-4.10. - Independent Audit.
The Council shall provide for an annual independent audit of all City accounts and may provide more
frequent audits as it deems necessary. Those audits shall be made in accordance with generally accepted
auditing standards by a certified public accountant or firm of such accountants (hereinafter referred io as
the "auditors"), designated annually, who have no personal interest in the fiscal affairs of the City
government or any of its offiicers. A summary of the results, including any deficiencies found, shall be
made public. In mal<ing such audit, proprietary functions shall be audited separately and adequate
depreciation on propriety facilities shall be accrued so the public may determine the amount of any direct
or any indirect subsidy. tf a designated auditor has conducted the annual independent audit of the City
for a period of five (5) consecutive years, the Council shall review, either through the appointment of a
citizen's committee, an individual, or other certified public accountant or firm of such accounts, the
adequacy of the auditors' performance.
AI�Ti aCLL 5 ���C7lC71iIS
�P.41� � 06/03/�0�'1
ARTICLE 5. - ELECTIONS
§ C-5.1. - Elections.
(a) Electors. Any person, who is a resident of the City, has qualified as an elector of the State and
registers to vote in the manner prescribed by law shall be an elector of the City.
(b) Nonpartisan Elections. All elections for the Council/City Clerl< positions shall be conducted on a
non-partisan basis and no ballot shall show the party designation of any candidate in accordance
with the applicable provisions of the State of Florida Elections Code as codified in Florida Statutes,
as may be amended from time to time.
(c) Election Dates. The City's general election shall be held in even-numbered years on the first
Tuesday after the first Monday in November. In the event an election date falls on a religious
holiday, the Council may, by ordinance, change the dates for qualifying and for the election. The
terms of the sitting officials shall be extended as necessary to accomplish the election date
revision made pursuant to this Section in accordance with Section 2.3 of the Charter.
(d) General Election. The ballot for the general election shall contain the names of all qualified
candidates for each of the City Council/City Clerk positions which are to be filled as a result of
members' terms expiring. The Candidates running for office with the highest number of votes
shall be duly elected.
(e) Run-off Election. The procedure and process set forth in the State of Florida Elections Code, as
codified in Florida Statutes, and as may be amended from time to time, concerning a runoff
election shall apply.
(� Special Elections. Special elections, when required, shall be scheduled by the Council at such times
and in such manner as shall be consistent with this Charter, in accordance with the State of Florida
Elections Code as codified in Florida Statutes, as may be amended from time to time.
(g) Single Candidates for City Clerk or City Council. No election for the City Clerk seat, or any one
Council seat, shall he required in any election if there is only one duly qualified candidate. That
candidate shall be considered elected automatically in accordance with any pertinent process and
timetable in law or Charter.
(h) Vote by Mail. Vote by Mail voting will be permitted as provided by the laws of the State and under
such conditions as may be prescribed by ordinance from time to time.
(i) Commencement of Terms. The term of office of any elected official will commence on the first
duly noticed Council meeting in January following the General Election and continue until his/her
successor is qualified and elected for a period of four (4} years. .
(j) Chief Elections Officer. The City Clerk is hereby designated as the chief elections officer of the City
and shall see that all city elections are conducted in a proper and legal manner. Subject to the
approval of the City council, the City Clerk may delegate any or all the responsibilities for
administering elections to the OI<eechobee County Supervisor of Elections.
APTICo E �i �� ECTI�iVS
DC�l��i 06/�3/�02'!
(k) Straw ballot. City Council may, by ordinance, call a special election with a purpose of having the
electors of the City vote on an issue in a nonbinding referendum. The ordinance shall call the
election, set the date therefor, and prescribe the ballot language. The City Clerk shall cause a
notice of election to be published in accordance with state law. The election may be held in
conjunction with a regularly scheduled city election or at such other time as provided by Council.
(I) Applicable Law. To the extent not addressed herein or not inconsistent with the provisions herein,
the State of Florida Elections Code, as codified in Florida Statutes, as may be amended from time
to time, shall apply to Article 5 of the City Charter.
§ C-5.2. — Initiative and Referendum.
The electors of the City shall have the powerto propose to the Council the passage or repeal of ordinances
and to vote on the question if the Council refuses action. Such power shall not extend to the budget or
capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of City
officers or employees.
(a) The person proposing to exercise this power shall submit the proposal to the Council which shall
approve as to form a petition for circulation in one or several copies as the proposer may desire.
(b) The person or persons circulating the petition shall within sixty (60) days of approval of the form of
the petition, obtain the valid signatures of voters in the city in numbers at least equal to twenty (20)
percent of the registered voters in the City on the day on which the petition is approved, according to the
official records of the OI<eechobee County Elections Supervisor. Each person signing a petition shall place
thereon, after their name, the date, and their place of residence. Each person circulating a copy of the
petition shall attach to it a sworn affidavit stating the number of signers and the fact that each signature
was made in the presence of the circulator of the petition.
(c) The signed petitions shall be filed with the City Clerl< who shall immediately forward them to the
OI<eechobee County Elections Supervisor to determine the sufficiency ofthe signatures. The petitions shall
be accompanied by a cashier's check payable to the OI<eechobee County Elections Supervisor in an
amount sufficient to pay for a canvass of the petitions in accordance with the applicable Florida Statutes
and rules and regulations of the Division of Elections of the State of Florida. If the number of signatures is
insufficient or the petition is deficient as to form or compliance with this section, the City Clerk shall notify
the person filing the petition that the petition is insufficient and that it has failed.
(d) The Council shall within sixty (60) days after a sufficient petition is presented either: (1) Adopt the
ordinance as submitted in an initiatory petition or repeal the ordinance referred to by a referendary
petition, or (2) Submit the proposal to the electors of the City in impartial and concise language and in
such manner as will provide a clear understanding of the proposal.
(e) If the Council determines to submit the proposal to the electors, the election shall be held on the next
scheduled City election. The result shall be determined by a mejority vote of the electors voting on the
proposal.
(f) An ordinance proposed by initiatory petition or the repeal of an ordinance by referendary petition shall
be effective no later than thirty (30) days after the election, except that: (1) Rights accumulated under an
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ordinance between the time a certified referendary petition against the ordinance is presented to the
Council and the repeal ofthe ordinance by the voters, shall not be enforced against the City, and (2) Should
two or more ordinances having conflicting provisions, be adopted at the same election, the one receiving
the highest number of votes shall prevail as to those provisions.
(g) An ordinance adopted by the electorate through initiatory proceedings shall not be amended or
repealed by the Council for a period of no less than one (1) year after the election at which it was adopted,
but thereafter it may be amended or repealed lil<e any other ordinance.
ARTICLE 6 CHARTER AMENDMENTS
�RA�T 06/03/2021
ARTICLE 6. - CHARTER AMENDMENTS
§ C-6.1. - Procedure to Amend.
The Charter may be amended in accordance with these provisions:
(a) Initiation by Ordinance. The City Council may, by ordinance, propose amendments to this Charter
and upon passage of the initiating ordinance shall submit the proposed amendment to a vote of
the electors at the next generel election held within the City or at a special election called forsuch
purpose.
(b) Initiation by Petition. The electors of the City may propose amendments to this Charter by
petition. Each petition proposing amendments to this Charter shall be commenced, in the form,
filed, certified as to its sufficiency and/or withdrawn in the same manner as an ordinance
proposed by initiative pursuant to Section 5.2.
(c) Submission to Electors. Upon certification of the sufficiency of the petition, the Council shall
submit the proposed amendment to a vote of the electors at the next general election if such
election is scheduled to be held not less than sixty {60) days or more than one hundred and twenty
(120) days from the date on which the petition was certified or at a special election called for that
purpose. A special election, if necessary, shall be held not less than sixty (60) days or more than
one hundred and twenty (120j days from the date o� which the petition was certified.
(d) Results of Election. If a majority of the qualified electors voting on a proposed amendment vote
for its adoption, it shall be considered adopted upon certification of the election results. If
conflicting amendments are adopted at the same election, the one receiving the greatest number
of affirmative votes shall prevail to the extent of such conflict.
§ C-6.2. - Charter Revision and Review Committee.
At its first regular meeting in December of the tenth year afterthe adoption of this Charter, and thereafter
every tenth (10) year commencing thereafter, the Council shall appoint a Charter Review Advisory
Commission ("Charter Review Commission") consisting of no less than five (5) persons. Each City Council
Member shall be entitled to appoint one Charter Revision Commission member but that appointee shall
be ratified by a majority of the City Council. In addition, the Council may appoint by majority vote any
additional members to the charter review commission which have submitted an application or letters of
interest following public notice of such appointments. The Charter Review Commission shall commence
its proceedings within forty-five (45) days after appointment by the Council. If the Charter Review
Commission shall make recommendations to Council, and shall determine if a Charter revision is needed,
it shall draft such amendments to this Charter as it deems appropriate and submit the same to the Council
no later than one year after their appointment by the Council. Notwithstanding any other provision in this
Charter, the Charter Review Commission shall select the Chairperson of the Charter Review Commission.
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ARTICLE 7 GENERAL PROVISIONS
ARTICLE 7. - GENERAL PROVISIONS
§ C-7.1. - Severability.
If any section or part of a section of this Charter shall be held invalid by a court of competentjurisdiction,
such holding shall not affect the remainder of this Charter or the context in which such section or part of
section so held invalid may appear, except to the extent that an entire section or part of section may be
inseparably connected in meaning and effect with the section or part of section to which such hoiding
shall directly apply.
§ C-7.2. - Conflicts of Interest; Ethical Standards.
The Council, officials and employees of the City shall be subject to the standards of conduct for public
officers and employees set by State law. In addition, the Council may, by ordinance, establish a Code of
Ethics for Council, officials and employees of the City which may be supplemental to law, but in no case
may such an ordinance diminish the provisions of this Section or of general law.
Without in any way limiting the generality of the foregoing, no Council Members shall have a financial
interest, direct or indirect, in any contract, or sale, to the City, or to a contractor supplying the City of any
land or rights or interests in any land, material supplies, or services. Therefore, no member of the Council
who possesses such a financial interest shall vote on, or participate in the Council deliberations
concerning, any such contract or sale. Any violation of this section with the knowledge of the person or
entity contracting with the City may render the contract null and void.
§ C-7.3. - City Personnel System.
All employments, appointments and promotions of City officers and employees shall be made pursuant
to personnel policies and procedures to be established by the Administrator or City Clerk from time to
time.
§ C-7.4. - Variation of Pronouns.
All pronouns and any variation thereof used in this Charter shall be deemed to refer to masculine,
feminine, neutral, singular or plurai as the identity of the person or persons shall require and are not
intended to describe, interpret, define or limit the scope, extent, or intent of this Charter,
§ C-7.5. - Charitable Contributions.
The City shall not mal<e any charitable contributions to any person or entity except if such contribution is
approved by the affirmative votes of at least four (4) City Council Members.
§ C-7.6. - Precedence over Related Laws.
In case of a conflict between the provisions of this Charter and the provisions of the Code of Ordinances
to be adopted pursuant thereto, the Charter terms shall control. Moreover, nothing in this Charter shall
be construed to alter, abolish, affect or amend the general laws of the State of Florida, now in force, or
which hereinafter may be enacted relative to or affecting this City.
§ C-7.7. - Discrimination Policy.
The City shall not adopt any measure or policy or otherwise discriminate against any person due to age,
rece, religion, color, national origin, physical or mental disability, creed, sexual preference or gender
identification.
§ G7.8. - Effect of This Charter.
All laws and parts of laws relating to or affecting the City which are in full force and effect when this
Charter shall take effect are hereby repealed and superseded to the extent that the same are inconsistent
with the provisions of this Charter but, insofar as the provisions of this Charter are the same in terms or
in substance and effect as provisions of Iaw which are in full force and effect when this Charter shall take
effect relating to or affecting the City, the provisions of this Charter are intended to be not a new
enactment but a continuation ofsuch provisions of law, and this Charter shall be so construed and applied.
Page 2 of 2
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ARTICLE 8 TRANSITION
ARTICLE 8. - TRANSITION PROVISIONS
§ C-8.1. - Interim Adoption of Codes, Ordinances and Resolutions.
Until otherwise modified or replaced by this Charter, or if inconsistent with the Articles herein, all
ordinances and resolutions in effect on the date of adoption of this Charter shall, to the extent applicable
and/or necessary to the City, remain in full force and effect as municipal ordinances and resolutions of
the City, unless and until repealed or modified by the Council.
City of Okeechobee
CHARTER REVISION CERTIFICATION
Section 6.1(a) of the Charter of the City of Okeechobee provides that the City Council may, by ordinance,
propose amendments to the Charter subject to approval by the electorate at the next general election or
at a special election cal�ed for such purpose. Article 6 of the City Charter provides the manner in which
Charter amendments shall be proposed. A Election was held on [INSERT DATEJ, and in accordance with
the majority vote and official election results, the City Charter shall be amended in accordance with the
terms of Ordinance No. XXXX-XXX.
Ordinance No. XXXX - XXX was adopted on 2021 accepting
the results of the 2022 Special Election.
APPROVED AS TO FORM AND LEGAL SUFFICENCY:
John J. Fumero, City Attorney
Page 2 of 2
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Lane Gamiotea
From: City Attorney
Sent: Monday, June 7, 2021 5:09 PM
To: Robin Brock
Cc: Marcos Montes De Oca; Patty Burnette; Missy Hernandez; Carlyn H. Kowalsky; Gary
Ritter
Subject: Notice of Cancellation -- CCRAC Meeting of JUNE 10, 2021
Dear CCRAC members-
The CCRAC Meeting scheduled for JUNE 10, 2021, is cancelled due staffing issues.
This meeting will be rescheduled as soon as reasonably possible. Robin Brock will
coordinate with you directly on an acceptable day and time consistent with your
schedules. Thank you for your cooperation.
John J. Fumero
CITY ATTORNEY
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From:
Sent:
To:
Cc:
Subject:
Attachments:
Robin Brock
Wednesday, June 9, 2021 10:57 AM
Robin Brock
Patty Burnette; City Attorney; Missy Hernandez
RE: CCRAC Meeting Rescheduled
CCRAC Public Notice.pdf
Please disregard my prior email rescheduling the meeting to June 24th, as the city attorney is
unavailable on that date.
The next meeting will be held Thursday, July 8t" at 6:00 p.m. Please see the attached notice.
If you have questions, please do not hesitate to contact me.
Thank you,
Robin
Robin Brock
Executive Assistant
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55 SE 3�d Avenue
Okeechobee, FL 34974
Phone: (863) 763-3372, ext. 9812
Direct: (863) 763-9812
Email: rbrock(c�citVofokeechobee.com
Website: www.cityofokeechobee.com
NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released 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. Most 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.
From: Robin Brock
Sent: Wednesday, June 9, 2021 8:28 AM
Subject: CCRAC Meeting Rescheduled
Good morning, CCRAC Members,
As you know, the June 10t" meeting has been cancelled. We are rescheduling the meeting to
Thursday, June 24th at the usual time of 6:00 p.m.
Please reply to this email to confirm your attendance for purposes of a quorum.
Our apologies for the inconvenience.
Thank you,
Robin
Robin Brock
Executive Assistant
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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.citvofokeechobee.com
NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released 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. Most 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.
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PUBLIC NOTICE
CITIZENS CHARTER REVIEW
ADVISORY COMMITTEE MEETING
NOTICE IS HEREBY GIVEN that the City of Okeechobee Citizens Charter
Review Advisory Committee (CCRAC) will not meet on Thursday, June 10,
2021, 6PM, as the meeting has been cancelled. The next regularly scheduled
meeting is July 8, 2021 at 6:00 P.M.
The purpose of the CCRAC is to gather facts and information based on
deliberations and public input in order to make a recommendation to the City
Council for possible amendments to the City's Charter. The Charter is
essentially the City's constitution and outlines what authority is given to
elected officials and staff as well as what services are to be provided to the
residents. The public is invited to attend and be heard on all matters.
Copies of the agenda will be available at the meeting, or prior to the meeting,
may be viewed/downloaded from: https://www.cityofokeechobee.com/charter
-review. 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: Gary Ritter, Chairperson POSTING:6/9/2021-RB