CITY OF OKEECHOBEE MARCH 5, 2013 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION

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1 CITY OF OKEECHOBEE MARCH 5, 2013 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 5 I. CALL TO ORDER - Mayor. March 5, 2013, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation to be given by e Very Reverend Faer Edward Weiss of e Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Mike O Connor Council Member Devin Maxwell Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smi Public Works Director David Allen Mayor Kirk called e March 5, 2013, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by e Very Reverend Faer Edward Weiss of e Church of Our Saviour; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called e roll: IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim e week of March 10 rough 16, 2013, as Sunshine Week. Mayor Kirk read e Sunshine Week proclamation into e record as follows: Whereas, James Madison, e faer of our federal Constitution, wrote at consent of e governed requires at e people be able to arm emselves wi e power which knowledge gives ; and Whereas, every citizen in our participatory democracy has an inherent right to access to government meetings and public records; and Whereas, an open and accessible government is vital to establishing and maintaining e people s trust and confidence in eir government and in e government s ability to effectively serve its citizens and Whereas, e protection of every person s right of access to public records and government meetings is a high priority of e City Council; and Whereas, e City Council is committed to openness and transparency in all aspects of its (continued)

2 MARCH 5, REGULAR MEETING - PAGE 2 OF 5 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim e week of March 10 rough 16, 2013, as Sunshine Week continued. V. MINUTES - City Clerk. A. Motion to dispense wi e reading and approve e Summary of Council Action for e February 5, 2013, and February 19, 2013, regular meetings. VI. - Mayor. A. Requests for e addition, deferral or widrawal of items on today s agenda. operations and seeks to set a standard in is regard; and Now Therefore, I, James E. Kirk, by virtue of e auority vested in me as Mayor of e City of Okeechobee, Florida, do hereby proclaim March 10-16, 2013, as Sunshine Week commemorating e anniversary of James Madison s bir, and roughout e year to promote dialogue about e importance of open government and freedom of information, to increase information provided electronically and online, and to ensure at all meetings of deliberative bodies under its jurisdiction, and eir committees, are fully noticed and open to e public. Clerk Gamiotea accepted e proclamation and presented a student learning video published by e First Amendment Foundation highlighting e history of Florida s open government laws, now known as e Sunshine Laws as well as giving real life scenario s of processing various types of public records requests, and types of open meetings togeer wi eir required notices. Council Member Williams moved to dispense wi e reading and approve e Summary of Council Action for e February 5, 2013, and February 19, 2013 regular meetings; seconded by Council Member O Connor. There was no discussion on is item. KIRK - YEA MAXWELL - YEA O CONNOR - YEA Mayor Kirk asked wheer ere were any requests for e addition, deferral or widrawal of items on today s agenda. New Business item C was widrawn. VII. NEW BUSINESS. access to e property and bring it into compliance - City Fire Chief (Exhibit 1). Chief Smi asked Code Officer Fred Sterling to make e presentation, he began by explaining on October 11, 2011, e City Code Enforcement Board enacted a lien of twenty-five dollars ($25.00) per day on Case No , for Lots 3-4 of Block 105, City of Okeechobee, Plat Book 1, Page 10, Okeechobee County Public Records, e owner is Barbara Mills, e address is 406 Norwest 5 Street. The violation was for Code Section Public nuisance and Section General cleaning and beautification. Mrs. Mills has been very adamant at no one is allowed entry to her property. Officer Sterling en gave a time line leading up to e Code Board action: June 24, 2011 courtesy letter sent to owner July 20, 2011 courtesy letter returned unclaimed August 10, 2011 mailed Notice of Violation August 16, 2011 Notice of Violation posted August 31, 2011 Notice of Violation returned September 21, 2011 mailed Notice to Appear

3 MARCH 5, REGULAR MEETING - PAGE 3 OF 5 VII. NEW BUSINESS CONTINUED. access to e property and bring it into compliance continued. Time Line continued: September 30, 2011 Notice to Appear posted October 10, 2011, property inspected, not in compliance The fine was officially imposed on December 8, 2011, and recorded in OR Book 709, Pages 18-19, public records of Okeechobee County. At e February 11, 2013 Code Board meeting e Case was reviewed, as to date e property had not been brought into compliance. The fine has accrued for 454 days, which as of today equals eleven ousand, ree hundred fifty dollars ($11,350.00). The Code Enforcement Department has made every attempt to work wi e property owner, including asking oer family members to assist wi e situation. Mrs. Mills lives wi one of her sons, Robert Mills, who does not want e property to be mowed and cleaned. The oer son, Richard Mills and his wife, who live in Sou Carolina have made every attempt to have e property cleaned, but have been prevented as well. They understand e City s situation, are supportive, and sympaetic to e neighbors for having to deal wi e nuisance of e overgrown vegetation which has caused wi rodents and snakes to live in e yard. Attorney Cook advised e Code Board of eir options: Do noing; Foreclose on e property; File for an inspection warrant; or File a lawsuit for a public nuisance. They voted to recommend e City Council approve e filing for an inspection warrant en, once e court order is obtained, e Public Works Department should en clean e property. There was a lengy discussion between e Council, Attorney Cook, Administrator Whitehall and Officer Sterling regarding Attorney Cook and Administrator Whitehall s recommendation at in light of e circumstances and leng of time e property has been in violation, at e Council approve filing a foreclosure, as at action may wake somebody up and accomplish some kind of settlement to make sure is property stays cleaned up. The circumstances of e case are at e owner will not allow e City access to e property. All notices are returned unclaimed at are mailed, she is not understanding e seriousness of e situation, and has taken a defiant stand against e City and family members who have tried to intervene. Should e City only proceed wi getting e property cleaned up immediately, most likely it will be back in violation wiin several mons. Should e fine continue to accrue, added wi e City s periodic cleaning fee, soon it will be more an e value of e property, which would make it harder for a potential buyer or family member to take it rough e delinquent property taxes meod. In addition, e property is located in a high profile area and can hinder e City s ability to enforce Code violations roughout e City. However, e Council is always cautious when making decisions to foreclose on property and offered an alternative solution, proceed wi e Code Board s recommendation, and move forward wi filing for foreclosure.

4 MARCH 5, REGULAR MEETING - PAGE 4 OF 5 VIII. NEW BUSINESS CONTINUED. access to e property and bring it into compliance continued. Council Member Watford moved at e City takes e necessary legal action to get e court order (inspection warrant) to obtain access to e Mills property located at 406 Norwest 5 Street, Lots 3 and 4 of Block 105, City of Okeechobee, to bring it into compliance (Code Enforcement Case No ); seconded by Council Member O Connor. Additional instructions from e Mayor and Council were at once e inspection warrant is obtained, and e property cleaned by e City, should it be found in e same condition as it is now wiin 30 to 45 days after it is cleaned up, e foreclosure option would en be placed on e Council agenda for consideration. KIRK - YEA MAXWELL - YEA O CONNOR - YEA B. Motion to award contractors for e FY 2011 CDBG House Rehabilitation Program, Bid No. RFP ADM City Administrator (Exhibit 2). Council Member Watford moved to Award e Contractors RFP No. ADM for e FY 2011 Community Development Block Grant House Rehabilitation Program [Grant No. 10DB-C H08], to McHaffey Construction Group for Mary Massey, [504 Norwest 17 Street project] in e amount of irty-nine ousand, eight hundred twenty four dollars ($39,824.00); seconded by Council Member Williams. There was no discussion. Council Member Watford moved to Award e Contractors RFP No. ADM for e FY 2011 Community Development Block Grant House Rehabilitation Program [Grant No. 10DB-C H08], to SineMark Construction, LLC, for Mattie Ervin, [920 Norwest 9 Street project] in e amount of irty ousand, nine hundred dollars ($30,900.00); seconded by Council Member Williams. There was no discussion.

5 MARCH 5, REGULAR MEETING - PAGE 5 OF 5 VIII. NEW BUSINESS CONTINUED. B. Motion to award contractors for e FY 2011 CDBG House Rehabilitation Program, Bid No. RFP ADM continued. Council Member Watford moved to Award e Contractors RFP No. ADM for e FY 2011 Community Development Block Grant House Rehabilitation Program [Grant No. 10DB-C H08], to Platinum Performance Builders for Mary Koger, [915 Norwest 10 Street project] in e amount of forty-two ousand, six hundred sixty-eight dollars ($42,668.00); seconded by Council Member Williams. There was no discussion. Distributed at e meeting was a spreadsheet listing e 15 CDBG-HR projects by owners name, address, contractor, date bids received, amount, award date, status and total of grant funds used to date, which is $481, The grant budget allows up to $560, for construction. Administrator Whitehall advised ese should be e final project s awarded for e grant. The residents have been pleased wi e projects and are very grateful. C. Motion to approve a reduction in parking to accommodate a new government office building requested by Okeechobee County - City Administrator (Exhibit 3). The item to consider a request from Okeechobee County to approve a reduction in parking to accommodate a new government office building as recommended by e City Technical Review Committee (Application No TRC) was widrawn from e agenda. Administrator Whitehall notified e Council prior to e meeting by at e County Staff requested e widrawal of e matter in order to give e Board of County Commissioners time to consider e modifications to e project, as stipulated by e TRC at eir February 21, 2013, meeting. IX. ADJOURN MEETING - Mayor. Please take notice and be advised at when a person decides to appeal any decision made by e City Council wi respect to any matter considered at is meeting, he/she may need to insure at a verbatim record of e proceeding is made, which record includes e testimony and evidence upon which e appeal is to be based. City Clerk media are for e sole purpose of backup for official records of e Clerk. There being no furer discussion nor items on e agenda, Mayor Kirk adjourned e meeting at 6:49 p.m. The next regular scheduled meeting is March 19, 2013, at 6:00 p.m. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk