2024-02-06 VI. B. City Clerk Duties, Ord #1285, Exhibit 6Exhibit 6
02/06/2024
ORDINANCE NO. 1285
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CODE OF
ORDINANCES CHAPTER 2 ADMINISTRATION, ARTICLE III DEPARTMENTS, OFFICERS,
AND EMPLOYEES, DIVISION 4 CITY CLERK, SECTION 2-131 GENERAL DUTIES TO
REMOVE THE DUTY OF PERSONNEL ADMINISTRATOR; PROVIDING FOR CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida ("City"), has adopted Ordinance No. 601, providing,
among other things, that the City Clerk would serve as Personnel Administrator for the City; and
WHEREAS, the City has a legitimate interest in periodic review of its Ordinances; to make amendments to meet
changing community standards, or to accommodate new development; and to create new ordinances or
regulations to better serve the public and to make the Code of Ordinances a more consistent and easier to
understand document; and
WHEREAS, the City Council for the City, has added the position of Human Resources Generalist to the City Staff
in the 2023-24 Fiscal Year City budget; and
WHEREAS, the City desires to amend the Code of Ordinances to remove the duty of Personnel Administrator from
the general duties of the City Clerk; and
WHEREAS, for purposes of this Ordinance, underlined type shall denote additions to and strike through shall denote
deletions from the original text.
NOW, THEREFORE, be it ordained before the City Council of the City; presented at a duly advertised public
meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee,
as Chief Presiding Officer for the City; that:
SECTION 1: RECITALS.
The foregoing "whereas" clauses are incorporated herein as legislative findings by this reference and made
a part hereof for all intents and purposes.
SECTION 2: AMENDMENT TO CODE CHAPTER 2.
That Part II of the Code of Ordinances, Subpart A -General Ordinances, Chapter 2, Administration, Article III
Departments, Officers, and Employees be amended to read as follows:
DIVISION 4. CITY CLERK
Section 2-131. General Duties
(a) The city clerk shall perform those duties prescribed by the Charter, general law, or such additional
duties as directed by the council, in the manner prescribed by the council by ordinance or resolution;
however, such additional duties or directives shall not affect the duties of the clerk or distribution of
powers among elected officers as set forth in the Charter.
(b) The city clerk shall perform the following additional non -Charter duties, which duties have either been
traditionally performed by the city clerk or have been previously performed at the request of the council:
(1) Maintain and keep the seal of the city;
(2) Serve as norrnnnol adMinictratnr•
(}Serve as election coordinator.
(c) The city clerk shall make such reports and furnish such data as the council may require.
SECTION 3: CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4: INCLUSION IN THE CODE.
It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances for the City.
SECTION 5: SEVERABILITY.
If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void,
unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain
in full force and effect.
SECTION 6: EFFECTIVE DATE.
This Ordinance shall be effective upon final adoption on second reading.
INTRODUCED at a Public Hearing for First Reading and set for Final Public Hearing on this 2nd day of January
2024. Roll Call Vote:
Yes No Abstained Absent
Council Member Chandler: X
Council Member/Vice Mayor Clark: X
Council Member Jarriel: X
Council Member McAuley: X
Mayor Watford: X
/s/ Dowling R. Watford, Jr.
Dowling R. Watford, Jr.
Mayor
ATTEST:
/s/ Lane Gamiotea
Lane Gamiotea, CIVIC
City Clerk
PASSED AND ADOPTED after Second Reading and Final Public Hearing this 6th day of February 2024. Roll Call
Vote:
Yes No Abstained Absent
Council Member Chandler:
Council Member/Vice Mayor Clark:
Council Member Jarriel:
Council Member McAuley:
Mayor Watford:
Dowling R. Watford, Jr.
Mayor
ATTEST:
Lane Gamiotea, CIVIC
City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Nason Yeager Gerson Harris & Fumero, P.A.
•
11
City of Okeechobee, Florida
Business Impact Estimate
Pursuant to §166.041, Florida Statutes
Proposed ordinance's reference and title: Ordinance No. 1285
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CODE OF
ORDINANCES CHAPTER 2 ADMINISTRATION, ARTICLE III DEPARTMENTS, OFFICERS,
AND EMPLOYEES, DIVISION 4 CITY CLERK, SECTION 2-131 GENERAL DUTIES TO
REMOVE THE DUTY OF PERSONNEL ADMINISTRATOR; PROVIDING FOR CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more
boxes are checked below, this means the City is of the view that a business impact estimate is not required by
state law' for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a
courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This
Business Impact Estimate may be revised following its initial posting.
❑ The proposed ordinance is required for compliance with Federal or State law or regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue
sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited
to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal
government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning,
and land development regulation, including zoning, development orders, development
agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above
may apply, the City hereby publishes the following information:
1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the
public health, safety, morals, and welfare):
The ordinance removes the duty of Personnel Administrator from the general duties of the
City Clerk.
See Section 166.041(4)(c), Florida Statutes.
•
•
An estimate of the direct economic impact of the proposed ordinance on private, for -profit businesses in
the City, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be
financially responsible; and
(c) An estimate of the City's regulatory costs, including estimated revenues from any new charges
or fees to cover such costs.
None.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed Ordinance:
None.
4. Additional information the governing body deems useful (if any):
None.
MOJ
0
9
VI. NEW BUSINESS CONTINUED
B. Motion by Vice Mayor Clark, second by Council Member McAuley to read by title only, proposed
Ordinance No. 1285, amending Section 2-131 of the Code of Ordinances removing the Personnel
Administrator duties from the City Clerk [as presented in Exhibit 4].
Motion Carried Unanimously.
Attorney Fumero read the title of proposed Ordinance No. 1285 into the record as follows: "AN
ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CODE OF
ORDINANCES CHAPTER 2 ADMINISTRATION, ARTICLE III DEPARTMENTS, OFFICERS, AND
EMPLOYEES, DIVISION 4 CITY CLERK, SECTION 2-131 GENERAL DUTIES TO REMOVE THE ,
DUTY OF PERSONNEL ADMINISTRATOR; PROVIDING FOR CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE."
Motion by Vice Mayor Clark, second by Council Member McAuley to approve the first reading and set
February 6, 2024, as the Final Public Hearing date for proposed Ordinance No. 1285. Roll Call Vote:
Chandler -Yea, Clark -Yea, Jarriel-Yea, McAuley -Yea, Watford -Yea.
Motion Carried Unanimously.
C. Motion by Council Member Jarriel, second by Vice Mayor Clark to ratify the Community Planning
Technical Assistance Grant Agreement No. P0497 with the State Department of Commerce, in the
amount of $20,000.00, to have a Market Feasibility Study, a Lodging Market Analysis and Industry Trend
Report, and a Housing Market Profile prepared [as presented in Exhibit 51.
Motion Carried Unanimously.
D. Motion by Council Member McAuley, second by Vice Mayor Clark to approve a Planning Advisory Service
Agreement with the Central Florida Regional Planning Council to prepare a Market Feasibility Study, a
Lodging Market Analysis and Industry Trend Report, and a Housing Market Profile, in the amount of
$20,000.00 as outlined in Grant Agreement No. P0497 [as presented in Exhibit 6].
Motion Carried Unanimously,
E. Motion and second by Council Members Jarriel and McAuley to approve the purchase of a Kayak Launch
[to be installed at Centennial Park, 701 SE 6th AVE] from AccuDock in the amount of $39,818.90 [as '
presented in Exhibit 7].
F. Motion and second by Council Members Chandler and Jarriel to increase the Purchase Order [No. 631
to Transportation Solutions and Lighting, Inc./NSS [approved on August 2, 20221 to include shipping
charges of $850.00 [as presented in Exhibit 8].
Motion Carried Unanimously.
G. Administrator Ritter presented for review and informational purposes a report submitted by MacVicar
Consulting that highlighted Lake Okeechobee Operations, the Lake Okeechobee System Operating
Manual, the Comprehensive Everglades Restoration Plan, and a graphic to show lake levels and stages.
[as presented in Exhibit 9].
H. Administrator Ritter provided a summary report of City Projects and Objectives for Fiscal Year 2023-24
utilizing an 18-slide power point presentation which has been added to the official minute file and labeled
as Exhibit 10. Topics covered in the report were: changes with the adoption of the new Charter to the
organizational chart. The City's mission and vision statements. Comparison between the City and County
in terms of population, ad valorem revenues, and acreage. The proposed anticipated budget
expenditures. The City's representation on local and regional boards/coalitions. Strategic planning and
major initiatives. Updates on commercial, industrial, and residential developments. Grant projects. Major
accomplishments in the previous Calendar Year and a list of projects for January through March 2024.
VII. CITY ATTORNEY UPDATE '
• Continuing to review the proposed Stormwater Management ordinance, ensuring to not duplicate what is
already incorporated in the South Florida Water Management District regulations.
Reviewed proposed Ordinances 1284 and 1285.
Working on a Memorandum of Understanding with Freedom Baptist Church to address maintenance and
insurance issues related to their use of City property for overflow parking.
• Reviewing the Live Local Act and potential impact on City.
• New legislation requires the Business Impact Statement be posted on the City's website for certain
Ordinances and Resolutions.
The Legislative Session is early this year, will track changes and present to City.
JANUARY 2, 2024, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 3
0
INDEPENDENT
NNSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Ka-
trina Elsken Muros, who on oath says that she is Editor
in Chief of the Lake Okeechobee News, a weekly news-
paper published in Okeechobee County, Florida; that the
attached copy of advertisement, being a Public Notice in
the matter of
Public Notice
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said news-
paper in the issues of
01 /24/24
(Print Dates)
or by publication on the newspaper's website, if authorized,
on
01 /24/24, 01 /25/24, 01 /26/24, 01 /27/24, 01 /28/24, 01 /29/24, 01 /30/24,
01 /31 /24
(Website Dates)
Affiant further says that the newspaper complies with all
legal requirements for publication in Chapter 50, Florida
Statutes.
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