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DRAFT 2019-07-16 Minutes CITY OF OKEECHOBEE JULY 16, 2019, REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE  COUNCIL CHAMBERS  OKEECHOBEE, FL 34974 DRAFT SUMMARY OF COUNCIL ACTION PAGE 1 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE I. CALL TO ORDER - Mayor July 16, 2019, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES Invocation by Cary McKee, More2Life Ministries; Pledge of Allegiance to be led by Mayor Watford. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Wes Abney Council Member Monica M. Clark Council Member Bob Jarriel Council Member Bobby Keefe City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen Finance Director India Riedel IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today’s agenda. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford called the July 16, 2019, Regular City Council Meeting to order at 6:02 P.M. The invocation was given by Pastor Cary McKee of More2Life Ministries; the Pledge of Allegiance was led by Mayor Watford. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Present Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today’s agenda; there were none. Mayor Watford opened the floor for public comment on matters not on the agenda; there were none. JULY 16, 2019 - REGULAR MEETING - PAGE 2 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE V. PROCLAMATIONS AND PRESENTATIONS A. Present Lane Gamiotea with a 30-Year Longevity Service Award. VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the June 18, 2019, Regular meeting. VII. WARRANT REGISTER - City Administrator A. Motion to approve the June 2019 Warrant Register: General Fund .......................................................................... $521,356.35 Public Facilities Improvement Fund ........................................ $ 24,510.51 Capital Improvement Projects Fund ........................................ $ 20,508.47 On behalf of the City, Mayor Watford presented Mrs. Lane Gamiotea with a Longevity Service Award in the amount of $750.00 and a framed certificate which read “In recognition of your 30-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from July 14, 1989 to July 14, 2019.” Mayor Watford the welcomed and introduced Ms. Lakisha Burch, Florida Association of City Clerks’ (FACC) District Director of the Southeast Region and Town of Loxahatchee Groves Town Clerk, along with Ms. Chevelle Nubin, FACC Past-President and City of Wellington City Clerk, who surprised Mrs. Gamiotea by presenting her with a Resolution from the FACC. Ms. Burch read the Resolution into the record as follows: “RESOLUTION NO. 2019-01, A RESOLUTION OF THE FACC EXPRESSING GRATITUDE AND RECOGNITION FOR 30 YEARS OF SERVICE AND DEDICATION OF LANE GAMIOTEA, CITY CLERK OF THE CITY OF OKEECHOBEE, FLORIDA. Whereas, Lane Gamiotea has served as the City Clerk for the City of Okeechobee, Florida for 16 years as one of 13 elected City Clerks in the State of Florida, and served as Deputy Clerk for 14 years; and Whereas, Lane Gamiotea has been an active participant of the FACC for 29 years while receiving the designation of Certified Municipal Clerk in 2004, and the International Institute of Municipal Clerks for 17 years, serving on various committees as committee member and as Chair; and Whereas, Lane Gamiotea has carried out the duties and responsibilities of the City Clerk’s office in her capacity as City Clerk to the best of her abilities, utilizing and sharing her knowledge and expertise, which was enhanced by her participation in FACC through its conferences and educational seminars. Now, Therefore, Be It Resolved by the FACC That: Section 1: The FACC offers its sincere appreciation and extends best wishes on behalf of all of its members to Lane Gamiotea, in recognition of her 30 years of dedicated service and professionalism in representing the office of the City Clerk as City Clerk. Section 2: This Resolution shall take effect immediately upon adoption and authentication by the signatures of the President and President-Elect of the FACC.” City Clerk Gamiotea expressed her gratitude to her fellow City Clerks and added how humbled and proud she was to now be among an exclusive group of individuals that have achieved this milestone with their City career. Council Member Jarriel moved to dispense with the reading and approve the Summary of Council Action for the June 18, 2019, Regular meeting; seconded by Council Member Clark. There was no discussion on this item. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Clark moved to approve the June 2019 Warrant Register in the amounts: General Fund, five hundred twenty-one thousand, three hundred fifty-six dollars and thirty-five cents ($521,356.35); Public Facilities Improvement Fund, twenty-four thousand, five hundred ten dollars and fifty-one cents ($24,510.51); and Capital Improvement Projects Fund, twenty thousand, five hundred eight dollars and forty -seven cents ($20,508.47); seconded by Council Member Keefe. There was no discussion on this item. JULY 16, 2019 - REGULAR MEETING - PAGE 3 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. WARRANT REGISTER CONTINUED A. Motion to approve the June 2019 Warrant Register continued. VIII. OPEN PUBLIC HEARING FOR RESOLUTION AND ORDINANCE ADOPTION - Mayor A.1.a) Motion to adopt proposed Resolution No. 2019 -04, providing for the Collection and Disposal Services of Residential Solid Waste customers and establishing a Preliminary Rate Assessment for services - City Attorney (Exhibit 1). b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to adopt proposed Resolution No. 2019 -05, providing for the Residential Solid Waste and Collection Assessment for FY 2019-20 - City Attorney (Exhibit 2). VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:13 P.M. Council Member Jarriel moved to adopt proposed Resolution No. 2019 -04, providing for the Collection and Disposal Services of Residential Solid Waste customers and establishing a Preliminary Rate Assessment for services; seconded by Council Member Abney. Attorney Cook read proposed Resolution No. 2019 -04 by title only as follows: “A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL, AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.” Attorney Cook briefly explained the process of adopting a special non-ad valorem assessment as per the requirements of Florida Statute Chapter 197, while providing the public an opportunity to give input. He continued by explaining two resolutions are needed, as one provides a preliminary rate to be considered and the other sets the rate. Mayor Watford then opened the floor for public comment; there was none. Administrator MontesDeOca explained the annual cost of $234.72 apportioned among customers for Fiscal Year (FY) 2018 -19 increased to $237.96 for each residence/unit in FY 2019-20. Finance Director Riedel explained the total revenue listed on page two of the proposed Resolution is based on the number of residential parcels in the City multiplied by the proposed rate. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Jarriel moved to adopt proposed Resolution No. 2019-05, providing for the Residential Solid Waste and Collection Assessment for FY 2019-20; seconded by Council Member Keefe. JULY 16, 2019 - REGULAR MEETING - PAGE 4 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. PUBLIC HEARING CONTINUED B.1.b) Public comments and discussion on proposed Resolution No. 2019-05. c) Vote on motion. C.1.a) Motion to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1185, regarding Land Development Regulation Text Amendment Application No. 19-001-TA - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set Final Public Hearing date. c) Attorney to read proposed Ordinance No. 1185 by title only. Attorney Cook read proposed Resolution No. 2019 -05 by title only as follows: “A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2019-20; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.” Mayor Watford opened the floor for public comments. Mr. Frank Irby, 1385 Southeast 23 rd Street, confirmed that vacant lots are not assessed the fee, vegetation is picked up only when the property owner schedules and pays for it, and unattended vegetation will be considered a code violation. There was no Council discussion on this item. The total annual revenue to be collected by this Assessment for FY 2019 -20 is $414,750.24. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Keefe moved to read by title only and set August 6, 2019 , as a Final Public Hearing date for proposed Ordinance No. 1185, regarding Land Development Regulation Text Amendment Application No. 19-001-TA; seconded by Council Member Jarriel. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1185 by title only as follows: “AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CODE OF ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66 -GENERAL PROVISIONS, AMENDING SECTION 66 -1, REVISING DEFINITIONS OF PAWNSHOP, SERVICE - PERSONAL, AND SERVICE - RETAIL; PROVIDING FOR AMENDMENTS TO CHAPTER 90 -ZONING, ARTICLE III-DISTRICT AND DISTRICT REGULATIONS, DIVISION 6 -COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT, SECTION 90 -223 SPECIAL EXCEPTION USES, AMENDING ITEM (2) AND ADDING ITEM (13 ) PAWNSHOP; AMENDING DIVISION 7 -LIGHT COMMERCIAL DISTRICT, SECTION 90 -253 SPECIAL EXCEPTION USES, ADDING ITEM (23) PAWNSHOP ; AMENDING DIVISION 8 -HEAVY COMMERCIAL DISTRICT, SECTION 90 -282 PERMITTED USES, ADDING ITEM (19) PAWNSHOP; AMENDING DIVISION 9 -CENTRAL BUSINESS DISTRICT, SECTION 90 -312 PERMITTED USES, TO ; JULY 16, 2019 - REGULAR MEETING - PAGE 5 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. PUBLIC HEARING CONTINUED C.1.c) Attorney to read proposed Ordinance No. 1185 by title only continued. 2.a) Motion to approve the first reading of proposed Ordinance No. 1185. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING – Mayor IX. NEW BUSINESS A. Renewal of Public Risk Management Group Health Insurance - India Riedel, Finance Director, Katrina Bouthot, Group Health Trust Assistant Executive Director, Public Risk Management of Florida, Paul Hebert, JD, Area Senior Vice President, Arthur J. Gallaghe r (Exhibit 4). INCLUDE TAKE -OUT RESTAURANT TO ITEM (3) RESTAURANT, CAFÉ AND BAR TO ITEM (6) PRIVATE CLUB, NIGHTCLUB; AMENDING SECTION 90 -313 SPECIAL EXCEPTION USES, ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 10 -INDUSTRIAL, SECTION 90 -342 PERMITTED USES, TO INCLUDE RESTAURANT, TAKE-OUT RESTAURANT TO ITEM (23) CAFÉ, ADDING ITEMS (34) PAWNSHOP AND (35) BAR; AMENDING DIVISION 12 -MIXED -USE PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 90 -402 PERMITTED USES, TO INCLUDE TAKE -OUT RESTAURANT, CAFÉ TO ITEM (10) RESTAURANT, BAR TO ITEM (14) PRIVATE CLUB, NIGHTCLUB, AND ADDING ITEM (27) PAWNSHOP; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE .” Council Member Jarriel moved to approve the first reading of proposed Ordinance No. 1185; seconded by Council Member Clark. Mr. Ben Smith, Planner with LaRue Planning, explained the proposed changes in Ordinance No. 1185 address several inconsistencies regarding the definitions for retail service, personal service, and pawnshops and to separate the uses included in these definitions. The Ordinance also addresses several inconsistencies regarding the listing of bars as a permitted use or specially permitted use. Mayor Watford opened the floor for public comments; there was none. The Council offered no comments on this item. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:34 P.M. Council Member Clark moved to approve the renewal of Public Risk Management (PRM), Inc., Group Health Trust for the Health Insurance Policy Plan No. PPO 0727 (Blue Cross/Blue Shield); seconded by Council Member Jarriel. Ms. Katrina Bouthot of PRM Group Health Trust and Mr. Paul Hebert of Arthur J. Gallagher provided a power point presentation explaining the process used in determining Health Plan Rates. The rate will increase $53.41 per employee (approximately six percent increase). VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. JULY 16, 2019 - REGULAR MEETING - PAGE 6 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED B. Consider Planning Board consensus regarding Mobile Food Vendors - City Planning Consultant (Exhibit 5). C.1.a) Motion to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1186, regarding Right-of-Way Abandonment Petition No. 19-002-SC - City Attorney (Exhibit 6). b) Vote on motion to read by title only and set Final Public Hearing date. c) Attorney to read proposed Ordinance No. 1186 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1186. b) Public comments and discussion. Mayor Watford yielded the floor to Planner Smith who explained Planning Staff was directed by Administrator MontesDeOca to address the issue of mobile food vendors during the June 20, 2019, Planning Board Workshop. Currently, City Code Section 14-121 prohibits sales of “merchandise on city-owned or leased properties, or on city road right-of-way lying within the city.” Additionally, mobile food vending is not specifically allowed in any of the City’s zoning districts and would not meet the standards fo r restaurants or other food service establishments without approval of a site plan that included considerations for parking, bathrooms, and other standards. Except for the allowable exemption for special events provided in Code Section 14-141, it is Planning Staff’s opinion that mobile food vending is effectively prohibited within the City. Mayor Watford clarified mobile food vendors, including food trucks, are allowed for special events only. Council Member Keefe thanked Mr. Smith and the Planning Board for their efforts in reviewing this issue. Mayor Watford asked whether there were any comments from the public; there w as none. The consensus of the Council agreed with the Planning Board recommendation of taking no action on this item. A revised Exhibit 6 was distributed at the beginning of the meeting. Council Member Clark moved to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1186, regarding Right-of-Way Abandonment Petition No. 19-002-SC; seconded by Council Member Keefe. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1186 by title only as follows: “AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN STREETS AND RIGHTS-OF-WAY BEING AN UNIMPROVED PORTION OF SOUTHEAST 4TH STREET (f/k/a AVENUE A) MORE PARTICULARLY DESCRIBED HEREIN; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR CANAL MAINTENANCE; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.’ Council Member Jarriel moved to approve the first reading of proposed Ordinance No. 1186; seconded by Council Member Clark. Attorney Cook explained the revised copy of Exhibit 6 more appropriately addresses the request by the Public Works Director for the applicant/property owner to reserve an Easement to the City over the North 12 -feet on Lot 12 of Block E to provide access to the canal for maintenance. JULY 16, 2019 - REGULAR MEETING - PAGE 7 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED C.2.b) Public comments and discussion on proposed Ordinance No. 1186 continued. c) Vote on motion. D.1.a) Motion to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1187 amending the Police Officers’ Pension Plan - City Attorney (Exhibit 7). b) Vote on motion to read by title only and set Final Public Hearing date. c) Attorney to read proposed Ordinance No. 1187 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1187. b) Public comments and discussion. Since the location of the Easement is not within the right-of-way requesting to be abandoned, proposed Ordinance No. 1186 will not take effect until the Easement has been recorded. At the August 6, 2019, meeting the proposed Easement, executed by the property owner will need to be presented for Council a pproval. Mayor Watford asked whether there were any public comments; there were none. The applicant/property owner Mr. D’Onofrio and his Attorney, Dennis Boyce were in attendance. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Clark moved to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1187, amending the Police Officers Pension Plan; seconded by Council Member Keefe. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1187 by title only as follows: “AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 888, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; AMENDING SECTION 29, REEMPLOYMENT AFTER RETIREMENT; AMENDING SECTION 30, SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA BENEFITS; CHAPTER 185 SHARE ACCOUNTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.” Council Member Jarriel moved to approve the first reading of proposed Ordinance No. 1187; seconded by Council Member Clark. Mayor Watford yielded the floor to Pension Board Attorney Scott Christiansen who explained the proposed amendments are due to recent changes to the Internal Revenue Code, its associated regulations, guidance from the Internal Revenue Service, recent litigation, and are required to maintain tax qualification status. He also highlighted that the administrative expense to conduct th e Share Plan has been shifted to the City. There were two documents included with the proposed Ordinance in Exhibit 7. One was a letter from Attorney Christiansen explaining the specific sections being amended. The other was the Actuary Impact Statement, advising that the amendments are at no additional costs based on their review and understanding of the State’s minimum funding requirements. There were no public or Council comments offered on this item. JULY 16, 2019 - REGULAR MEETING - PAGE 8 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED D.2.c) Vote on motion, to approve the first reading of proposed Ordinance No. 1187. E.1.a) Motion to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1188 amending the Firefighters’ Pension Plan - City Attorney (Exhibit 8). b) Vote on motion to read by title only and set Final Public Hearing date. c) Attorney to read proposed Ordinance No. 1188 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1188. b) Public comments and discussion. c) Vote on motion. F.1.a) Motion to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1189, amending the General Employees’ Pension Plan - City Attorney (Exhibit 9). VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Abney moved to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1188, amending the Firefighters’ Pension Plan; seconded by Council Member Keefe. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1188 by title only as follows: “AN ORDINANCE OF THE CITY OF OKEECHOBEE FURTHER AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS’ PENSION FUND, ADOPTED PURSUANT TO ORDINANCE 889, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; AMENDING SECTION 29, REEMPLOYMENT AFTER RETIREMENT; AMENDING SECTION 30, SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA BENEFITS; CHAPTER 175 SHARE ACCOUNTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.” Council Member Keefe moved to approve the first reading of proposed Ordinance No. 1188; seconded by Council Member Abney. Attorney Christiansen explained the same comments apply as those of proposed Ordinance No. 1187. Mayor Watford noted for the record that Pension Trustees’ Josh Sanders, Herb Smith, and Adam Crum were present. There were no comments offered from the public or Council on this item. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Clark moved to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1189, amending the General Employees’ Pension Plan; seconded by Council Member Abney. JULY 16, 2019 - REGULAR MEETING - PAGE 9 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED F.1.b) Vote on motion to read by title only and set Final Public Hearing date , proposed Ordinnance No. 1189. c) Attorney to read proposed Ordinance No. 1189 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1189. b) Public comments and discussion. c) Vote on motion. G.1.a) Motion to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1190, amending the General Employees’ Pension Plan - City Attorney (Exhibit 10). b) Vote on motion to read by title only and set Final Public Hearing date. c) Attorney to read proposed Ordinance No. 1190 by title only. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1189 by title only as follows: “AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE GENERAL EMPLOYEES’ RETIREMENT SYSTEM, RESTATED PURSUANT TO ORDINANCE 1141, IS HEREBY AMENDED; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 16, MISCELLANEOUS PROVISIONS; AMENDING SECTION 25, REEMPLOYMENT AFTER RETIREMENT; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.” Council Member Jarriel moved to approve the first reading of proposed Ordinance No. 1189; seconded by Council Member Clark. Attorney Christiansen explained the same comments apply as those of proposed Ordinance No. 1187 and No. 1188 with the exception of the Shared Plan expense shift. Additionally, the General Fund Trustees do not have the authority to invest in real estate, the amendment makes this provision. Mayor Watford noted for the record that Pension Trustees’ Melissa Henry and Jackie Dunham were present. There were no c omments offered from the public or Council on this item. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Jarriel moved to read by title only, and set August 6, 2019, as a Final Public Hearing date for proposed Ordinance No. 1190, amending the General Employees’ Pension Plan; seconded by Council Member Clark. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1190 by title only as follows: “AN ORDINANCE OF THE CITY OF OKEECHOBEE FURTHER AMENDING THE CITY OF OKEECHOBEE GENERAL EMPLOYEES’ RETIREMENT SYSTEM, RESTATED PURSUANT TO ORDINANCE 1141; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 9, VESTING; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.” JULY 16, 2019 - REGULAR MEETING - PAGE 10 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED G.2.a) Motion to approve the first reading of proposed Ordinance No. 1190. b) Public comments and discussion. c) Vote on motion. H. Motion to adopt proposed Resolution No. 2019 -06, providing for the Commercial Solid Waste Collection and Disposal Services and Rates for FY 2019-20 - City Attorney (Exhibit 11). Council Member Keefe moved to approve the first reading of proposed Ordinanc e No. 1190; seconded by Council Member Abney. Attorney Christiansen explained the General Employees’ Retirement System Board of Trustees are recommending the Council approve an amendment that provides for the normal retirement age to be reduced from sixty-five to sixty-two. An Actuarial Impact Statement provided within Exhibit 10 explained the proposed amendment increases the City’s annual contribution by $5,918.00 (for the first year). This is 0.57 percent of the $1,046,008.00 covered payroll. Attorney Christiansen provided a point of reference in that the Police Officers and Firefighters normal retirement age is fifty-five with 10 years of service or 25 years of service regardless of age. The proposed amendment could potentially provide the City savings long-term as senior, higher-salaried employees could retire earlier opening positions to junior, lower-salaried employees. Mayor Watford opened the floor for public comments. Mr. Frank Irby voiced his concerns and objection to dropping the retirement age as it does not coincide with the age requirement for Medicare and Social Security benefits. Most non-public retirement plans use age 65; individuals retiring before that could have a potential loss of benefits. Mayor Watford thanked him for his comments, adding that governmental pension plans cannot be adequately compared to private-corporation retirement plans. The age is not a requirement to retire, only an option or the employee could enter the deferred retirement option program. The City has Defined Member Benefit Plans, pensioners benefits are based on credited service. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Clark moved to adopt proposed Resolution No. 2019-06, providing for the Commercial Solid Waste Collection and Disposal Services and Rates for FY 2019-20; seconded by Council Member Abney. Attorney Cook read proposed Resolution No. 2019 -06 by title only as follows: “A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; REVISING THE COMMERCIAL RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FISCAL YEAR 2019-2020; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.” There were no public or Council comments offered on this item. The rates increased less two percent from last FY. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. JULY 16, 2019 - REGULAR MEETING - PAGE 11 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED I. Motion to adopt proposed Resolution No. 2019 -07, amending the Code of Ordinances Appendices A, B, and C, providing for a Parking Reduction Application Fee - City Attorney (Exhibit 12). J. Motion to adopt proposed Resolution No. 2019 -08, regarding Florida Department of Transportation Maintenance Agreement No. BE391 Landscaping, Renewal No. 2 - City Attorney (Exhibit 13). Council Member Clark moved to adopt proposed Resolution No. 2019-07, amending the Code of Ordinances Appendices A, B, and C, providing for a Parking Reduction Application Fee; seconded by Council Member Jarriel. Attorney Cook read proposed Resolution No. 2019 -07 by title only as follows: “A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING RESOLUTION NO. 98-09, AS AMENDED, APPENDIX A OF THE CODE OF ORDINANCES, WHICH ADOPTS AND ESTABLISHES ADMINISTRATIVE FORMS FOR USE IN CONJUNCTION WITH THE LAND DEVELOPMENT REGULATIONS; PROVIDING SUBMITTAL REQUIREMENTS AND PROCESSING STANDARDS FOR APPLICATIONS FOR PARKING REDUCTION PETITIONS; CREATING FORM 18, PARKING REDUCTION PETITION; AMENDING RESOLUTION NO. 98-10, AS AMENDED, APPENDIX B OF THE CODE OF ORDINANCES WHICH ADOPTS AND ESTABLISHES INFORMATION REQUIRED ON APPLICATION FORMS; PROVIDING STANDARDS FOR PARKING STUDY SUBMITTALS; CREATING INFORMATION ITEM NUMBER 12, PARKING STUDY; AMENDING RESOLUTION NO. 98-11, AS AMENDED, APPENDIX C OF THE CODE OF ORDINANCES, SCHEDULE OF LAND DEVELOPMENT REGULATIONS FEES AND CHARGES; REQUIRING CE RTAIN FEES FOR PROCESSING OF APPLICATIONS FOR PARKING REDUCTION PETITIONS; CREATING FEE SCHEDULE 20; AS SET FORTH AS ATTACHMENTS TO THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.” Mayor Watford yielded the floor to Planner Smith who explained City Code Sections 90 -483 and 90-485 provide for requests to reduce the amount of parking that is required. However, there is no t a fee schedule, submittal process, or parking study requirement provided specifically for parking reduction requests. Currently, the City charges the same fee for a parking reduction request as a site plan review, $1,000.00. In situations where a parking reduction is concurrent with the site plan review, this is appropriate. However, there are certain situations where an applicant may request a parking reduction without a site plan review. Planning and City Staff are recommending that a fee of $250.00 would be more appropriate than the $1,000.00 in these situations, considering that City Staff will spend considerably less time processing a parking reduction request not associated with a site plan. At the May 16, 2109, Planning Board Workshop, direction was given to create a new fee schedule for parking reduction requests. The proposed Resolution was presented to the Planning Board at the June 20, 2019, meeting and was recommended for approval. The Council had several issues with the amendment including the documents required to be submitted with the reduction request, whether there should be two types of applications, one for existing buildings, and one for new buildings, as most of the parking issues arise from changing the use of an existing building . Motion and Second were withdrawn from the floor. This item will be placed on a future agenda after further review and additional research by Planning and City Staff. Council Member Jarriel moved to adopt proposed Resolution No. 2019-08, regarding Florida Department of Transportation (FDOT) Maintenance Agreement No. BE391 Landscaping Renewal No. 2; seconded by Council Member Keefe. JULY 16, 2019 - REGULAR MEETING - PAGE 12 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED J. Motion to adopt proposed Resolution No. 2019 -08, regarding Florida Department of Transportation Maintenance Agreement No. BE391 Landscaping, Renewal No. 2 continued K. Motion to approve a recommendation from the Code Enforcement Special Magistrate to consider a release or reduction of lien in Case No. 15-013, 1105 Southwest 7th Avenue - Police Chief (Exhibit 14). Attorney Cook read proposed Resolution No. 2019 -08 by title only as follows: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MEMORANDUM OF AGREEMENT RENEWAL NO. 2, CONTRACT NO. BE391, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE MAINTENANCE AND BEAUTIFICATION ALONG STATE ROADS 70 AND 15 WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.” Memorandum of Agreement Renewal No. 1 expires August 3, 2019. The renewal term is one year beginning August 4, 2019 and ending August 3, 2020. FDOT will reimburse the City three quarterly payments of $2,406.37 and one quarterly payment of $2,406.34, for a total amount of $9,625.45 annually. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Mayor Watford asked that before a motion is offered, the Council hear from Staff. The contents of Exhibit 14 included a Notice of a June 25, 2019, Hearing at 6:30 P.M. to Anthony Bertram. A Lien/Order dated May 11, 2018, recorded in OR Book 817/Pages 53-54, providing information on the action taken at the May 8, 2018, Code Board Hearing where it was determined that Mr. Bertram as the property owner, was in violation of City Code Section 30-43 public nuisance and Section 54-51 commercial vehicles; unless property was in compliance by July 10, 2018, a $15.00 per day fine would be imposed. Notice of Compliance dated December 31, 2018, number of days the Lien accrued: 174, and the amount due: $2,610.00. Police Chief Peterson explained the Code Enforcement Special Magistrate recommended reducing the Lien to $250.00. Attorney Cook provided direction in that the Council cannot litigate the Case, or discuss any merits or specifics of the Case. The Council needs to determine whether there are any mitigating circumstances to not accept the recommendation. Should the Council make that determine, they can approve another amount; or deny any reduction and the Lien would remain in place until it is paid. Although several Council Members had questions regarding the history of the Case and expenses incurred by the City, Attorney Cook and Chief Peterson maintain those questions could not be addressed. Mr. Bertram was in attendance. Council Member Jarriel moved to approve a recommendation from the Code Enforcement Special Magistrate to consider a release or reduction of lien [to $250.00] in Case No. 15-013, 1105 Southwest 7th Avenue [Legal: Lots 8 and South-half of 7 of Block 247, FIRST ADDITION TO CITY OF OKEECHOBEE, Plat Book 1, Page 11, public records of Okeechobee County, Florida]; seconded by Council Member Abney. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. JULY 16, 2019 - REGULAR MEETING - PAGE 13 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED L. Consider a request by the Chamber of Commerce of Okeechobee County for a modification to the Extension of Lease Agreement - Administrator. M. Motion to approve the maximum millage rate for advertisement for 2019 Tax Notices, 8.9932 for budget year 2019-20 - Finance Director (Exhibit 15). At the October 16, 2018, regular meeting the Council approved an Extension of Lease Agreement with the Chamber of Commerce of Okeechobee County. After reviewing the Extension, the Chamber requested the Council omit the Errors and Omissions (E&O) insurance requirement. The Council reviewed and denied the request at the April 16, 2019, regular meeting. Administrator MontesDeOca explained Mr. Terry Burroughs of the Chamber of Commerce contacted PRM regarding the use of Directors and Officers (D&O) insurance in lieu of E&O insurance. PRM confirmed that D&O insurance would be sufficient. Mayor Watford explained a meeting was held earlier in the day with him, the Administrator, Attorney Cook, and Mr. Burroughs to discuss the insurance issue, as Mr. Burroughs was not able to attend tonight’s meeting. The Chamber does have D&O insurance and the City is listed as an additional insured on their liability insurance policy. Attorney Cook recommended the City accept the change. Council Member Clark moved to amend the Chamber of Commerce Lease Extension Agreement by replacing the required E&O Insurance with D&O Insurance; seconded by Council Member Keefe. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Clark moved to approve the maximum millage rate for advertisement for 2019 Tax Notic es, 8.9932 for budget year 2019-20; seconded by Council Member Jarriel for discussion. On behalf of the City Administrator, the Staff recommendation to advertise the millage rate at the maximum allowed was presented by Finance Director Riedel. Using the State required “Truth in Millage” (TRIM) process, the rate is calculated by the roll-back/roll-forward rate, plus one mill. The current FY millage is 7.9932. The City Council will adopt the actual millage rate via an ordinance during the two required Public Hearings in September. The final rate is anticipated to be lower than the advertised rate. Mayor Watford elaborated, because of the TRIM process, which seems backwards, the typical procedure is to approve the advertisement at the maximum rate. Then, once the Council has the proposed budget amounts, the actual rate adopted is lower than the advertised rate. Council Member Jarriel voiced his concerns with advertising the millage at 8.9932, as the City will most likely see an increase in property values and he would prefer it be reduced and advertised at 7.0. When taxpayers receive their notices from the County Property Appraiser’s Office, it is very confusing to understand that the proposed rate listed is not the actual rate. VOTE: WATFORD – YEA ABNEY – YEA CLARK – NO JARRIEL – NO KEEFE – NO MOTION FAILED. JULY 16, 2019 - REGULAR MEETING - PAGE 14 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED M. Motion to approve the maximum millage rate for advertisement for 2019 Tax Notices, 8.9932 for budget year 2019-20 continued. N. Motion to approve the 2019-20 budget preparation and millage calendar setting Workshop(s) to be held August 6, 2019, at 5:00 P.M., August 20, 2019, at 5:00 P.M. (if needed), First Public Hearing September 3, 2019, at 6:00 P.M., and Final Public Hearing Se ptember 17, 2019, at 6:00 P.M., all to be held in Council Chambers at 55 Southeast 3rd Avenue, Okeechobee, Florida - Finance Director (Exhibit 16). O. Motion to approve an Agreement with Okeechobee Christian Academy for the School Resource Officer Program - City Attorney (Exhibit 17). P. Motion to approve additional repairs to the Fire Department Ladder Truck in the amount of $70,819.89 - Fire Chief (Exhibit 18). Council Member Clark moved to set the maximum millage rate for advertisement to 7.9932, the current millage rate; seconded by Council Member Keefe. Mayor Watford voiced his objection with setting a rate without the ability to adjust it for unforeseen matters that could arise between now and the final budget adoption. VOTE: WATFORD – NO ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Clark moved to approve the FY 2019-20 budget preparation and millage calendar setting Workshop(s) to be held August 6, 2019, at 5:00 P.M., August 20, 2019, at 5:00 P.M. (if needed), First Public Hearing September 3, 2019, at 6:00 P.M., and Final Public Hearing September 17, 2019, at 6:00 P.M., all to be held in Council Chambers at 55 Southeast 3rd Avenue, Okeechobee, Florida; seconded by Council Member Keefe. For clarification: the August Workshops are on the same dates as the regular meetings. The regular meeting will begin at 5:00 P.M. with the Workshop portion to be conducted at the end of the agenda. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Clark moved to approve an Agreement [in the amount of $75,596.13] with Okeechobee Christian Academy (OCA) for the School Resource Officer Program (SRO); seconded by Council Member Keefe. A revised Exhibit 17 was distributed prior to the meeting. At the June 18, 2019, regular meeting the Council approved the implementation of an additional SRO to be assigned to OCA. The initial term of the Agreement is July 1, 2019 to June 30, 2020. OCA is to reimburse the City quarterly beginning July 1, 2019. Chief Peterson included a breakdown of annual recurring costs and start-up costs. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Clark moved to approve additional repairs to the Fire Department Ladder Truck in the amount of $70,819.89 [to Ten-8 Fire Equipment, Inc., of Bradenton, Florida]; seconded by Council Member Abney. The used Ladder Truck was donated to the City Fire Department through a grant several years ago, with very little maintenance and repairs to date. City Staff has been aware that extensive expenditures for repairs would need to be provided in future budget(s). JULY 16, 2019 - REGULAR MEETING - PAGE 15 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED P. Motion to approve additional repairs to the Fire Department Ladder Truck in the amount of $70,819.89 continued. Q. Motion to approve ratification of sole source purchase from JMC Landscaping Services in the amount of $24,800.00 for landscaping - Administrator and Public Works Director (Exhibit 19). Unfortunately, the repairs have been required to be addressed before th ey could be properly presented. This is the only Ladder emergency apparatus within the entire County. The Council approved an expenditure of up to $35,000.00 at the August 7, 2018, meeting for a complete motor rebuild. Upon that being successfully conducted, the truck then failed the required pump certification testing. The Council approved an estimated expenditure of up to $13,800.00 at the February 5, 2019, meeting to replace and repair all 11 valves; the actual cost was $14,014.09. During the next round of pump certification testing, the truck failed again due to issues with the radiator, transfer case, and water pump. Chief Smith and Captain Rodriguez accompanied by the Administrator, traveled to Bradenton for an on-site, in-person evaluation with representatives of Ten-8 and the mechanic. The Administrator requested a systematic evaluation/inspection of the remaining components of the Ladder Truck. Exhibit 18 provided the proposal to complete all foreseen repairs, containing three detailed service estimates/invoices in the amounts of $2,056.43, $10,760.99, and $57,788.36, totaling $70,605.80. There is a difference of $214.09 more than what the three invoices equal and the requested amount in the motion. This is the difference between the actual cost from the estimated amount requested and approved on February 5, 2019. The Council noted the importance of getting the Ladder Truck back in service; the overall repair costs are substantially less than to purchase a new one. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Jarriel moved to approve to ratify a sole source purchase from JMC Landscaping Services in the amount of $24,800.00 for landscaping; seconded by Council Member Clark. Information provided in Exhibit 19 explained the amount is divided into two separate invoices, broken out as follows: Purchase Order No. 4726 issued May 8, 2019, for $10,000.00 covered landscaping planted in the Centennial Park and consisted of three southern live oak trees, five lavender crepe myrtles, 75 viburnum suspensum (perennial shrubs), 25 gold mound duranta repens plants, and red mulch. Purchase Order No. 4125 issued May 8, 2019, for $14,800.00 covered the planting of eight southern live oak trees in Park “L” of FLAGLER PARKS. A second, higher quote was also provided from Ideal Landscaping, LLC. Council approval is required as the Administrator is limited to approve expenditures up to $15,000.00. Although individually the invoices were under the limit, Council approval is required since they are issued to the same Contractor and of the same product/materials/services. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. JULY 16, 2019 - REGULAR MEETING - PAGE 16 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED R. Motion to approve FY 2018-19 Amended Budget - Administrator and Finance Director (Exhibit 20). S. Motion to approve the renewal of City Administrator Contract - Mayor (Exhibit 21). T. Discussion regarding the City Fire Department - Council Member Jarriel. Council Member Jarriel moved to approve the [second] FY 2018-19 Budget Amendment; seconded by Council Member Clark. Exhibit 20 reflects the following amendments: General Fund Line Item 001-574-8300 was added to include $7,000.00 for marketing, tourist and economic development; Police Department Total Personnel Costs increased from $2,144,822.00 to $2,161,429.00, Police Department Total Supplies and Other Services increased from $387,208.00 to $392,040.00, and the overall Grand Total for the Police Department increased from $2,532,030.00 to $2,553,469.00 reflecting the three month costs association with the addition of one SRO for assigned to OCA; and the Fire Department General Fund Line Item 001 -522-4609 increased from $33,575.00 to $118,275.00 reflecting the repairs to the Ladder truck as presented in item “P” of this meeting. The Capital Fund Line Item 304-521-6400 increased from $349,146.00 to $350,646.00. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Jarriel moved to approve the renewal of the City Administrator Contract; Mayor Watford called for a second three times. Motion died for lack of second. Mayor Watford noted the current Contract will expire on September 30, 2019. Council Member Clark asked for clarification as to whether they are approving to keep Mr. MontesDeOca as the Administrator or approving the proposed Contract. Mayor Watford responded both, the Council should either approve the contract presented or continue with negotiations, unless they did not want to continue his employmen t. Discussion continued with limited progress causing Attorney Cook to recommend the Council Members meet with the Administrator individually to discuss their concerns with the proposed revisions to the employment contract. Administrator MontesDeOca then requested the item be withdrawn and represented after individual meetings with Council Members. There were no objections; the item was withdrawn. Council Member Jarriel made a motion to have a Workshop with the County regarding the possible consolidation of the City Fire Department with the County Fire Department. Council Member Clark requested the motion be withdrawn to allow for discussion on the topic first; Council Member Jarriel withdrew his motion. He then expressed his concerns with allocating 75 percent of the ad-valorem revenue to fund the Fire Department. He clarified that this topic is not a reflection on the Fire Department in any manner, they do a great job; it is only to ensure the Council is looking at what is best for the citizens. While attending the Institute for Elected Municipal Officials conference, Council Member Jarriel learned that municipalities that do not provide Fire and/or Police services have an average millage rate between 4.0 and 5.0. He has asked questions regarding the costs associated with the Fire Department and what the costs would be to merge the two Departments, receiving multiple conflicting answers. JULY 16, 2019 - REGULAR MEETING - PAGE 17 OF 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED T. Discussion regarding the City Fire Department continued. X. COUNCIL COMMENTS - Mayor XI. ADJOURNMENT - Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council 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. ___________________________________ ATTEST: Dowling R. Watford, Jr., Mayor _______________________________ Lane Gamiotea, CMC, City Clerk Council Member Jarriel recommended the City hold a Workshop with the County to get concrete information on the matter. Council Members Abney, Clark, and Keefe agreed the matter should be researched further and recommended Staff contact the County prior to a Workshop being scheduled to see whether the County would entertain the idea. Mayor Watford suggested a motion be presented to open the discussion to the public. Council Member Jarriel made a motion to meet with the County for a joint Workshop to discuss the possibility of consolidating the City and County Fire Departments; seconded by Council Member Clark. Mayor Watford opened the floor for public comments. Mr. Frank Irby stated the City Fire Department is approximately two-thirds of the budget. Most 24-hour service operations are inherently inefficient and that it has nothing to do with the level of service or anyone’s job performance. It is incumbent on the Council to make decisions on how to provide this service more cost effectively. He encouraged the Council to discuss this with the County to explore avenues that will reduce costs for the taxpayers. Mr. Ron Jarriel, retired Firefighter of Palm Beach County, asked the Council to consider the impact that this would have on the employees, and to ensure the Firefighters do not take a cut in pay or reduction in benefits. Mayor Watford explained the County had the option of consolidating these two Departments in the 1970’s but declined. He expressed his appreciation for the comments and added he has no problem with saving the taxpayers money. He recommended that City and County Staff gather information and data to present to the Council for review prior to scheduling a Workshop, Council Member Abney agreed that having data to review and ensure the concept was sound enough to warrant the Workshop was a better approach. There were no objections noted, by consensus, the Council directed Administrator MontesDeOca with the task of collecting and providing them with data to review prior to the Workshop. VOTE: WATFORD – NO ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Mayor Watford clarified a comment made at a previous meeting where he referred to “an organization.” The individual who made the comments to the Mayor wanted him to be sure that people understand that it was not the organization’s position, but the individual’s. Council Members Abney, Clark, Jarriel, and Keefe did not have any comments. There being no further items on the agenda, Mayor Watford adjourned the meeting at 8:39 P.M. The next regular Council meeting is scheduled for August 6, 2019, at 5:00 P.M.