2007-03-13507
AGENDA
A. CALL MEETING TO ORDER
B. PLEDGE OF ALLEGIANCE.
C. BOARD MEMBERS ATTENDANCE:
Chairperson Mack Worley
Vice -Chairperson Jamie Gamiotea
Member Bea Castorina
Member Frank Irby
Member Marsha Montesi
Member Andrea Nelson
Member Rennae Sweda
Alternate Penny Revels
Alternate Heather Hancock
STAFF ATTENDANCE:
Attorney John Cook
Code Enforcement Officer Fred Sterling
Code Enforcement Officer Herb Smith
Secretary Sue Christopher
D. Motion to dispense with the reading and approve Summary of Board
Actions for: January 9, 2007.
CITY OF OKEECHOBEE
CODE ENFORCEMENT BOARD
MARCH 13, 2007 SUMMARY
Pa e 1 of 4
CODE BOARD ACTION
March 13, 2007 Code Enforcement Board meeting was called to order at 7:02 p.m. by Chairperson Worley.
Present
Present
Present
Present
Absent with consent (Heather Hancock filled the seat for Member Montesi)
Absent with consent (Penny Revels filled the seat for Member Nelson)
Present
Present
Present
Present
Present
Present
Present
Member Gamiotea moved to dispense with reading and approve Summary of Board Actions for January 9, 2007;
seconded by Member Castorina.
Worley - Yes
Gamiotea - Yes
Castorina - Yes
Irby - Yes
Sweda - Yes
Revels - Yes
Hancock - Yes
Motion Carried
March 13, 2007 - CEB Regular Meeting - Page 2 of 4 508
AGENDA
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL
OF ITEMS ON TODAY'S AGENDA.
#04-026 Gloria & Mary Brown
800 Blk NW 12' Street
#05-321 Roy McDonald
NW 10 h St. & 10 h Ave.
Request for fine reduction
Ch 30 Sec. 30-43 Public
nuisances
CODE BOARD ACTION
Code Officer Sterling requested the withdrawal of Case #04-025 Joe & Johnny Brown, Case #07-004 Anna Nicole,
and Case #07-015 Robert Widner since all of these were in compliance.
Code Officer Sterling gave testimony Case #04-026 was in process of being cleaned but was not finished.
Member Irby moved to table Case #04-026 until the next regularly scheduled meeting; seconded by Member
Gamiotea.
Worley - Yes
Gamiotea - Yes
Castorina - Yes
Irby - Yes
Sweda - Yes
Revels - Yes
Hancock - Yes
Motion Carried
Member Gamiotea moved to remove Case # 05-321 from the table; seconded by Member Revels.
Worley - Yes
Gamiotea - Yes
Castorina - Yes
Irby - Yes
Sweda - Yes
Revels - Yes
Hancock- Yes
Motion Carried
Code Officer Sterling testified Mr. McDonald had turned in the plans to the building department and paid the fee
for the permit. Member Gamiotea moved to find Case #05-321 Roy McDonald now in compliance based on the
testimony of Code Officer Sterling; seconded by Member Sweda.
Worley - Yes Sweda - Yes
Gamiotea - Yes Revels - Yes
Castorina - Yes Hancock - Yes
Irby - Yes
Motion Carried
509
AGENDA
Code Board discussion of
changing from a board to a
magistrate process.
March 13, 2007 - CEB Regular Meeting - Page 3 of 4
CODE BOARD ACTION
Attorney Cook stated the current trend in the state is to use a magistrate to hear code enforcement cases, instead
of a code board, which seems to be working very well. The process is more efficient and flexible since a meeting
could be called at any time if needed. He added that the City Council as a whole supports the magistrate process
at this time; however, there is some reluctance because they realize the commitment which has been made by the
code board members. Chairperson Worley asked if the City Council wanted the Code Board to give a
recommendation or comments. Attorney Cook said they would take into consideration the Board's comments at
the next City Council meeting or they could contact the Administrator at any time before the City Council meeting.
Member Sweda felt much more investigation should be done before a decision was made. She suggested having
the administrative staff do a spread sheet for a comparison of the different cities in Florida. She recommended to
the board members they attend the City Council meeting to voice their opinion.
Member Irby agreed board members should attend the City Council meeting or speak to the Administrator to share
their thoughts. Mr. Irby said he could see the magistrate process working.
Member Gamiotea felt strongly that going to a magistrate process would be taking control away from the people.
He stated his purpose for being a board member was to assure that every individual was represented fairly. He felt
this process would give control to an Attorney who would not take into consideration extenuating circumstances.
Alternate Member Hancock thought there was a definite need for more consistency in code enforcement decisions.
Although she agreed going to a magistrate could remove the human element.
Alternate Member Revels said her main concern was that people who are financially or in other ways at a
disadvantage could be put in a hardship situation with the enforcement of strict fines.
Member Castorina mentioned that property owners who live out of town could find it difficult to physically appear
before a magistrate for their case to be heard.
Chairperson Worley stated he appreciated the opportunity to work for the betterment of the City as a member of
the code board. However he recognizes a need for more forceful code enforcement measures and supports a
magistrate process if it achieves that purpose. He admitted his frustrations when fines were set and then reduced.
He told the Code Board he appreciated their efforts and encouraged them to voice their comments to the City
Council.
510
AGENDA
ADJOURNMENT - CHAIRPERSON WORLEY.
PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any
decision made by the Code Enforcement Board with respect to any matter considered at
this meeting, he/she may need to insure that a verbatim record of the proceeding is made,
which record includes the testimony and evidence upon which the appeal is to be based.
Tapes are for the sole purpose of backup for official records of the d ent.
a CJL
Mack Worley, .fah 'rperson
ATTEST: _
y I
Sue Christopher, S cretary
March 13, 2007 - CEB
CODE BOARD ACTION
4 of 4
There being no further items on the agenda Chairperson Worley adjourned the meeting at 7:37 p.m. The next
regular Code Board Meeting is scheduled for Tuesday, April 10, 2007.
AFFIDAVIT OF PUBLISHER
OICEECHOBEE TIMES
106 S.E. Sth St., Okeechobee, FL 34974
(863) 763-7283
Published Weekly
STATE OF FLORIDA
COUNTY OF OKEECHOBEF
Before the undersigned authority personally appeared James A.
Hughes, Jr., who on oath says that he is publisher of the Okeechobee
Times, a newspaper published weekly at Okeechobee in Okeechobee,
Florida:
that the attached copy of advertisement,
being a Cit Cod Enforc ment Board Meeting Cancellation Notice PO #013349
in the matter of City o e�h
Cit of Okeechobee
55 SE Third Avenue
Okeechobee FL 34974-2932
Court,
In the a er in the issues of 03/08/2007
was published in said newsp p
Affiantfurther.
says that the said Okeechobee Times is a newspaper
published at Okeechobee, in said Okeechobee County, Florida, and
that said newspaper has her ;'ofore been continuously published in
has
said Okeechobee, Florida as a daily, weekly, or bi-we kly and office in
been entered as second class mail matter at the p
ost Okeechobee, in said Okeechobee County, Florida, for a period of one
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither
paid nor
promised any person, firm or corporation any discount,
commission or refund for the purpose of securing this advertisement
for publication in the said newspaper.
James . Hughes, Jr., (Publisher) I
Sworn to and subscribed before me /
this day of
A.D. 2007 —
as
Notary Public t, . Commission#DD318481
(SEAL)
" - pines: Jun 25,2009
gondcd?�'
�Ifant}c Bonding Co., 'tnc
9:Ft)r cane•
CITY CODE ENFORCEMENT
BOARD MEETING
NOTICE 1S HEREBY GIVEN that the
City of Okeechobee Code Enforcemem Board
Meeting on Tuesday, March 13, 2007, 7:00
p.m. City Hall, 55 SE 3rd Ave, Rut 200,
Okeechobee, Florida. The public is invited and
encouraged to attend. For a copy of the agenda
contact Sue Christopher at the City Fire
Department 763-4423.
PLEASE TAKE NOTICE AND BE
ADVISED that if any person desires to appeal
any decision made by the Code Enforcement
Board with respect to any matter considered at
this meeting, such interested person will need a
record of the proceedings, and for such purpose
may need to ensure a verbatim record of the
proceedings is made, which record includes the
testimony and evidence upon which the appeal
is to be based.
In accordance with the Amer cans with
Cisandities Act (ADA) and Florida Statute
286.26, persons with disabilities needing special
accommodation to participate in this proceeding
should contact Sue Christopher no later than
two (2) working days prior to the proceeding
at 863-763-4423; if you are hearing or voice
impaired, call TDD 1-800-222-3448(voice)or
1-888-447.5620 (TTY).
by: Mack Worley, Jr.,
CODE BOARD CHAIRPERSON
Sue Christopher, Board Secretary
Publish: 03/08/207
Okeechobee Tithes
AFFIDAVIT OF PUBLISHER
OKEECHOBEE TIMES
106 S.E. 5th St., Okeechobee, FL 34974
(863) 763-7283
Published Weekly
STATE OF FLORIDA
COUNTY OF OKEECHOBEE:
Before the undersigned authority personally appeared James A.
Hughes, Jr., who on oath says that he is publisher of the Okeechobee
Times, a newspaper published weekly at Okeechobee in Okeechobee,
Florida:
that the attached copy of advertisement,
being a Cancelled City Code Enforcement Board Meegino PO #013344
in the matter of City of Okeechobee
City of Okeechobee
55 SE Third Avenue
Okeechobee, FL 34974-2932
In the Court,
was published in said newspaper in the issues of 02/08/2007
Affiant further says that the said Okeechobee Times is a newspaper
published at Okeechobee, in said Okeechobee County, Florida, and
that said newspaper has heretofore been continuously published in
said Okeechobee, Florida as a daily, weekly, or bi-weekly and has
been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of one
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement
for publication in the said newspaper.
James/. Hughes, Jr., (Publisher)
Sworn to and subscribed before me _
this day of�c�-�r�/
A.D. 2007
(SEAL) Notary Public
cs rP�a Roseatee A. Brennan
Carnmission #DD318483
Expires: Jun 25, 2008
9rFOF F o?; Bonded Thni
" 3tIantic Bonding Co., Inc.
CANCELLER CITY CODE
ENFORCEMENT BbANDMILETING
NOTICE IS HEREBY GIVEN that the
City of Okeechobee Code Enforcement Board
Meeting has been cancelled. The next regularly
scheduled meeting will he on Tuesday, Mamh
13, 2007, 7:00 p.m. City Hall, 55 SE 3rd Ave,
Rm 200, Okeechobee, Florida. The public is
invited and encouraged to attend. For a copy
of the agenda contact Sue Christopher at the
City Fire Department 763-4423.
PLEASE TAKE NOTICE AND BE
ADVISED that if any person desires to appeal
any decision made by the Code Enforcement
Board with respect to any matter considered at
this meeting, such interested person will need a
record of the proceedings, and for such purpose
may need to ensure a verbatim record of the
proceedings is made, which record includes the
testimony and evidence upon which the appeal
is to be based.
In accordance with the Americans with
Disabilities Act (ADA) and Florida Statute
286.26, persons with disabilities needing special
acconmrodation to participate in this proceeding
should contact Sue Christopher no later than
two (2) working days prior to the proceeding
at 863-763-4423; if you are hearing or voice
impaired, call TDD I-800-222-3448 (voice) or
1-888-447-5620 (TTY).
by: Mack W lsy,lc,
CODE BOARD CHAIRPERSON
Lane Gansmtea, CMC, City
Publish: 02108/2007
Okeechobee Times
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