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DRAFT 2019-09-10 Minutes CITY OF OKEECHOBEE SEPTEMBER 10, 2019, REGULAR CITY COUNCIL MEETING AND FIRST BUDGET PUBLIC HEARING 55 SE 3RD AVENUE  COUNCIL CHAMBERS  OKEECHOBEE, FL 34974 DRAFT SUMMARY OF COUNCIL ACTION PAGE 1 OF 7 AGENDA COUNCIL ACTION - DISCUSSION - VOTE I. CALL TO ORDER A. Invocation B. Pledge of Allegiance II. ATTENDANCE III. AGENDA AND PUBLIC COMMENTS A. Requests for the addition, deferral or withdrawal of agenda items. B. Public participation for any issues not on the agenda requires an Agenda Item Form or a Comment Card. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. At 5:01 P.M. Mayor Watford called the meeting to order noting for the record the date is September 10, 2019. This is a rescheduled meeting after the September 3, 2019, meeting was cancelled based on State of Florida Emergency Order 19-001 due to Hurricane Dorian. The invocation was offered by Pastor Chad Keathley of the Okeechobee Church of God. The Pledge of Allegiance was led by Mayor Watford. City Clerk Gamiotea called the roll: Mayor Dowling R. Watford, Jr. Present Council Member Wes Abney Present Council Member Monica M. Clark Present Council Member Bob Jarriel Present Council Member Bobby Keefe Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Fire Chief Herb Smith Present Police Chief Bob Peterson Present Public Works Director David Allen Present Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today’s agenda; Consent Agenda Item B was pulled for discussion; Council Comments was change to VII., and Adjournment to VIII. to reflect the addition of VI. New Business and Items VI.A (Exhibit 4), VI.B (Exhibit 5), and VI.C (Exhibit 6). Mayor Watford opened the floor for public comment on matters not on the agenda; there were none. SEPTEMBER 10, 2019 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 2 OF 7 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IV. CONSENT AGENDA A. Approval of Minutes - July 9, 2019, Strategic Planning Workshop. B. Approval of contract with Security 101 for installation of six new security doors in the amount of $21,922.07 (Exhibit 1). V. FIRST READING - PUBLIC HEARING OF BUDGET ORDINANCES A. Mayor announces that the purpose of this Public Hearing is to consider the first reading of Ordinances for the proposed Millage Rate levy and proposed Budget for Fiscal Year 2019-20. B. Mayor announces that the proposed Millage Rate levy represents zero percent (0.0%) more than the roll-back rate computed pursuant to Florida Statutes 200.065(1). C.1.a) Motion to read proposed Ordinance No. 1191 by title only, and set September 24, 2019, at 6:00 P.M. as a Final Public Hearing date, levying a Millage Rate of 7.6018 on all real and tangible personal property for proposed Fiscal Year October 1, 2019 , through September 30, 2020 (Exhibit 2). Council Member Keefe moved to approve consent agenda item A [July 9, 2019, Strategic Planning Workshop minutes]; seconded by Council Member Jarriel. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Keefe moved to approve a Contract with Security 101 in the amount of $21,922.07 for the installation of six new security doors [Proposal No. 116533.0 in the amount of $13,022.40 for three new access control doors at City Hall; and Proposal No. 118038.0 in the amount of $8,899.67 for three additional access control doors at the Police Department]; seconded by Council Member Clark. Council Member Clark requested this item be removed from the consent agenda for discussion . She questioned whether it was a budgeted project and three bids obtained. Administrator MontesDeOca explained this is a Fiscal Year (FY) 2018-19 budget item and it falls under the existing Piggyback Agreement with Security 101. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. MAYOR WATFORD OPENED THE FIRST BUDGET PUBLIC HEARING AT 5:10 P.M. Mayor Watford announced that the purpose of this Public Hearing is to consider the first reading of ordinances for the proposed Millage Rate levy and proposed Budget for FY 2019-20. Mayor Watford announced that the proposed Millage Rate levy represents zero percent (0.00%) more than the roll-back rate computed pursuant to Florida Statutes 200.065(1). Clarification: the time change from 6:00 to 5:01 P.M. was requested by the City Administrator; the date change from September 17, 2019, as provided on the published September 3, 2019, agenda is necessary to meet advertising requirements. Council Member Jarriel moved to read proposed Ordinance No. 1191 by title only, and set September 24, 2019, at 5:01 P.M. as a Final Public Hearing date, levying a Millage Rate of 7.6018 on all real and tangible personal property for FY October 1, 2019 through September 30, 2020; seconded by Council Member Abney. SEPTEMBER 10, 2019 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 3 OF 7 AGENDA COUNCIL ACTION - DISCUSSION - VOTE V. FIRST BUDGET PUBLIC HEARING CONTINUED C.1.b) Vote on motion to read by title only and set Final Public Hearing date. c) City Attorney to read proposed Ordinance No. 1191 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1191. b) Public comments and discussion. c) Vote on motion. D.1.a) Motion to read proposed Ordinance No. 1192 by title only , and set the final Public Hearing for September 24, 2019, at 6:00 P.M., setting the annual budget for proposed Fiscal Year October 1, 2019 through September 30, 2020 (Exhibit 3). b) Vote on motion to read by title only and set the final Public Hearing. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1191 by title only as follows: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; ADOPTING A MILLAGE RATE TO BE LEVIED ON ALL REAL AND TANGIBLE PERSONAL PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020; PROVIDING THAT 7.6018 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 7.6018 VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES; THAT SAID MILLAGE RATE IS ZERO PERCENT (0.00%) MORE THAN THE ROLL-BACK RATE COMPUTED IN ACCORDANCE WITH FLORIDA STATUTE 200.065(1); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.” Council Member Clark moved to approve the first reading of proposed Ordinance No. 1191; seconded by Council Member Abney. Mayor Watford opened the floor for public comments; there was none. There was no Council discussion on this item. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Clark moved to read proposed Ordinance No. 1192 by title only, and set September 24, 2019, at 5:01 P.M. as a Final Public Hearing date, setting the annual Budget for FY October 1, 2019 through September 30, 2020; seconded by Council Member Keefe. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. SEPTEMBER 10, 2019 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 4 OF 7 AGENDA COUNCIL ACTION - DISCUSSION - VOTE V. FIRST BUDGET PUBLIC HEARING CONTINUED D.1.c) City Attorney to read proposed Ordinance No. 1192 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1192. b) Public comments and discussion. Attorney Cook read proposed Ordinance No. 1192 by title only as follows: “AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA; FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019, AND ENDING SEPTEMBER 30, 2020; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $10,327,485.00, TRANSFERS-IN OF $1,583,181.00, AND EXPENDITURES OF $7,568,165.00, LEAVING A FUND BALANCE OF $4,342,501.00; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $2,283,619.00, EXPENDITURES OF $1,047,988.00, AND TRANSFERS-OUT OF $350,000.00, LEAVING A FUND BALANCE OF $885,631.00; CAPITAL IMPROVEMENT PROJECTS FUND REVENUES OF $4,273,470.00, EXPENDITURES OF $790,940.00, AND TRANSFERS-OUT OF $1,233,181.00, LEAVING A FUND BALANCE OF $2,249,349.00; OTHER GRANTS FUND REVENUES OF $37,490.00, AND EXPENDITURES OF $0.00, LEAVING A FUND BALANCE OF $37,490.00; APPROPRIATIONS GRANT FUND REVENUES OF $209,000.00, AND EXPENDITURES OF $209,000.00, LEAVING A FUND BALANCE OF $0.00; LAW ENFORCEMENT SPECIAL FUND REVENUES OF $10,920.00, AND EXPENDITURES OF $6,500.00, LEAVING A FUND BALANCE OF $4,420.00; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.” Council Member Jarriel moved to approve the first reading of proposed Ordinance No. 1192; seconded by Council Member Clark. Within Exhibit 3 is a 35-page proposed Budget. The following provides a summary recapitulation of each fund. The General Fund Budget Summary lists the beginning Fund Balance of $4,342,501.00; Estimated Revenues of $5,984,984.00 ($2,222,209.00 Ad Valorem, $3,762,775.00 Other Fees, Intergovernmental, Charges for Services, Fines/Forfeitures/Penalties, Uses of Money and Property, and Other Revenues; $350,000.00 Transferred-In from Public Facilities Improvement Fund; $1,233,181.00 Transferred -In from Capital Improvement Projects Fund). Total Projected Expenditures of $7,568,165.00; leaving a Fund Balance of $4,342,501.00. Public Facility Improvement (Transportation 301) Fund: Beginning Fund Balance of $1,021,107.00; Total Revenue Estimates of $1,262,512.00; Total Expenditures Projected of $1,047,988.00, plus $350,000.00 to be Transferred-Out to General Fund; leaving a Fund Balance of $885,631.00. Capital Improvements Projects (304) Fund: Beginning Fund Balance is $4,048,470.00; Total Revenues Estimates of $225,000.00; Total Projected Expenditures are $790,940.00, plus $1,233,181.00 transferred-out to General Fund; leaving a Fund Balance $2,249,349. Appropriations Grant (307) Funds: Beginning Fund Balance of $0.00; Appropriation Funds Revenue of $209,000.00; Total Projected Expenditures of $210,000.00; leaving a Fund Balance of ($1,000.00). SEPTEMBER 10, 2019 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 5 OF 7 AGENDA COUNCIL ACTION - DISCUSSION - VOTE V. FIRST BUDGET PUBLIC HEARING CONTINUED D.2.b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING FOR FIRST READING OF BUDGET ADDED SECTION TO AGENDA: VI. NEW BUSINESS ITEM ADDED TO AGENDA: A. Army Corps of Engineers Letter (Exhibit 4). ITEM ADDED TO AGENDA: B. Motion to approve the sale of City Lot 17, OKEECHOBEE COMMERCE CENTER, Plat Book 7, Pages 10 through 14, Okeechobee County Public Records, to Tito Brothers Treatment, LLC in the amount of $52,500.00 (Exhibit 5). Law Enforcement Special (601) Fund: Beginning Fund Balance is $9,920.00; Total Estimated Revenues of $1,000.00; Total Projected Expenditures as $6,500.00; leaving a Fund Balance of $4,420.00. Mayor Watford opened the floor for public comments; there was none. There was no discussion from the Council. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. MAYOR WATFORD CLOSED THE FIRST BUDGET PUBLIC HEARING AT 5:19 P.M. Mayor Watford explained he received a request from Mr. Gary Ritter that the City be a signatory on a letter the Florida Farm Bureau has written on behalf of South Florida’s communities to the United States Army Corps of Engineers regarding the 2019 Planned Deviation to the Lake Okeechobee’s Water Control Plan. A copy of the letter was provided. The request was also presented and approved by the Okeechobee County Board of County Commissioners. Council Member Jarriel made a motion to approve for the City to be a signator on the letter addressed to Major General Scott Spellmon and Colonel Andrew Kelly, Department of the Army, United States Army Corps of Engineers regarding the 2019 Planned Deviation to the Lake Okeechobee’s Water Control Plan; seconded by Council Member Clark. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Council Member Keefe moved to approve the sale of City real property Lot 17 (approximately 1.497 acres), OKEECHOBEE COMMERCE CENTER, Plat Book 7, Pages 10 through 14, Okeechobee County public records, to Tito Brothers Treatment, LLC in the amount of $52,500.00; seconded by Council Member Clark. Administrator MontesDeOca introduced Ms. Megan Smith, Okeechobee County Economic Development Corporation President and Chief Executive Officer, who was present on behalf of the interested buyer, Drew Clark. The company is a medical waste treatment company that uses autoclave technology. Once the land is purchased the company is proposing to build a 35,000-square foot facility, which is an approximate $1,000,000.00 investment. The anticipated closing date is September 30, 2019. This business projects to be fully operational by January 1, 2020; provide 20 to 30 new jobs with the lowest rate of pay being $20.00 per hour. Florida Public Utilities has agreed to run the natural gas line to the Commerce Center. SEPTEMBER 10, 2019 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 6 OF 7 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VI. NEW BUSINESS CONTINUED ITEM ADDED TO AGENDA: B. Motion to approve the sale of City Lot 17 continued. ITEM ADDED TO AGENDA: C. Meeting Schedule (Exhibit 6). In the Letter of Intent, included in Exhibit 5, the buyer has expressed interest in a long-term partnership and to purchase the adjacent Lots (17A and 17B). The company is regulated by the Occupation Safety and Health Administration, Department of Environmental Protection, and the Department of Health. There are currently 18 similar facilities that service central and south Florida, with approximately 1,500 customers. After a brief discussion regarding the market value of the property, the consensus of the Council was to have a new appraisal completed for the sale of any future Lots to ensure they are sold at a rate closer to the appraised value. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. Attorney Cook distributed a Memorandum that explained since the September 3, 2019, meeting was cancelled based on State of Florida Emergency Order 19-001 and rescheduled for September 10, 2019, due to Hurricane Dorian, the Final Budget Hearing originally scheduled for September 17, 2019, will need to be postponed to September 24, 2019, to meet the Ordinances’ advertising requirements. Additionally, following normal procedures and prior to Hurricane Dorian, the advertisement for proposed Ordinance No. 1193 was sent to the Okeechobee News notifying the public that a Hearing would be considered on September 17, 2019. This Hearing can be postponed as authorized per Code Section 70-337(f). To keep from having three consecutive meetings, it was recommended to postpone the September 17, 2019, meeting to September 24, 2019. Council Member Jarriel moved to postpone the regular meeting and final budget Hearing for September 17, 2019, at 6:00 P.M. to September 24, 2019, at 5:01 P.M.; and that the Public Hearing scheduled and noticed to be held on September 17, 2019, regarding proposed Ordinance No. 1193 for Comprehensive Plan Future Land Use Map Amendment Application No. 19-001-SSA, reclassifying Lots 10 to 12, of Block 178, OKEECHOBEE from Single Family to Multi-Family, be postponed to September 24, 2019 following the budget Hearing. In October, the regular meeting schedule (first and third Tuesdays) will resume. VOTE: WATFORD – YEA ABNEY – YEA CLARK – YEA JARRIEL – YEA KEEFE – YEA MOTION CARRIED. SEPTEMBER 10, 2019 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 7 OF 7 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. COUNCIL COMMENTS VIII. 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 The Mayor and Council thanked City Staff for their efforts in preparing for Hurricane Dorian. Additionally, Council Member Jarriel noted his appreciation for the Department activity report distributed by the Administrator, as it was very insightful. There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 5:50 P.M.