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2019-10-15 MinutesCITY OF OKEECHOBEE .00TOBER 15, 2019, REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ® OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 12 11 AGENDA 11 COUNCIL ACTION - DISCUSSION - VOTE 11 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 three minutes per speaker unless otherwise approved by the Mayor. IV. PRESENTATIONS AND PROCLAMATIONS A. Present a 15 -year service award to Justin Bernst, Police Department. Mayor Watford called the October 15, 2019, meeting to order at 6:00 P.M. The invocation was offered by Pastor Don Hanna of the First United Methodist Church. The Pledge of Allegiance was led by Mayor Watford. Due to the passing of a family member, Clerk Gamiotea will Coordinator Patty Burnette took the minutes and 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 City Attorney John R. Cook City Administrator Marcos MontesDeOca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen be arriving late. In her absence General Services Present Present Present Present (entered Chambers at 6:46 P.M.) Absent (with consent, attending FACC Fall Academy) 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. However, the order of items was changed to consider New Business item "A" following the Consent Agenda. Mayor Watford opened the floor for public comment on matters not on the agenda; there were none. On behalf of the City, Mayor Watford and Chief Peterson presented Police Lieutenant Justin Bernst, accompanied by his wife, with an engraved crystal mantel clock and a framed certificate which read, "In recognition of your 15 -years of service, hard work, and dedication to the City, its citizens, and your fellow employees from October 15, 2004 to October 15, 2019." nu 591 59 OCTOBER 15, 2019 - REGULAR MEETING - PAGE 2 OF 12 VI. OPEN PUBLIC HEARING FOR ADOPTION OF COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT A.1.a) Motion to read proposed Ordinance No. 1195 by title only, for Comprehensive Plan Small Scale Future Land Use (FLU) Map Amendment Application No. 19 -002 -SSA, submitted by Rhonda Waldron reclassifying Lots 8 through 10 of Block 4, SOUTHWEST ADDITION from Public Facilities to Commercial (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1195 by title only As requested at this time during the meeting New Business Item A was considered. See item within the order as provided on the published agenda. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:17 P.M. Council Member Keefe moved to read proposed Ordinance No. 1195 by title only, regarding Comprehensive Plan Small Scale Future Land Use (FLU) Map Amendment Application No. 19 -002 -SSA, submitted by Rhonda Waldron reclassifying Lots 8 through 10 of Block 4, SOUTHWEST ADDITION [Plat Book 2, Page 7, Okeechobee County Public Records] from Public Facilities (PUB) to Commercial (C); seconded by Council Member Abney. VOTE: WATFORD — YEA ABNEY — YEA CLARK— YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1195 by title only as follows: 'AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FLU MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM PUB TO C (APPLICATION NO. 19 -002 -SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." AGENDA COUNCIL ACTION - DISCUSSION - VOTE V. CONSENT AGENDA A. Approval of Minutes - September 24, 2019, and October 1, 2019. Motion and second by Council Members Clark and Keefe to approve the consent agenda items A through G B. Approval of Warrant Register - September 2019. [approve the minutes for September 24, 2019, and October 1, 2019; approve the September 2019 Warrant Register C. Ratify the re -appointment of Mr. Josh Sanders as the Fifth Member of in the amounts: General Fund $479,006.72, Capital Improvement Projects Fund $15,202.47, and Public Facilities the Firefighters' Pension Fund Board of Trustees, term being October Improvement Fund $13,394.74; ratify the re -appointment of Mr. Josh Sanders as the Fifth Member of the 1, 2019 to September 30, 2023. Firefighters' Pension Fund Board of Trustees, term being October 1, 2019 to September 30, 2023; re -appoint Mr. D. Re -appoint Mr. Ray Worley as one of two City Resident Members of Ray Worley as one of two City Resident Members of the Police Officers' Pension Fund Board of Trustees, term the Police Officers' Pension Fund Board of Trustees, term being being October 1, 2019 to September 30, 2023; approve the application submitted by First Baptist Church to October 1, 2019 to September 30, 2023. temporarily close the portion of Southwest 4th Street between 5th and 6h Avenues for a Fall Festival on October 31, E. Approval of a Temporary Street Closing Application submitted by First 2019, 3:00 to 9:00 P.M. (Festival is 5:30 to 7:30 P.M.); approve the application submitted by Okeechobee Main Baptist Church for a Fall Festival on October 31, 2019, 5:30 to 7:30 Street to temporarily close the portion of Southwest 3rd and 41h Avenue's between North and South Park Streets, for P.M. (Exhibit 1). a three-day Fall Fest event from 5:00 P.M, November 9 to 5:00 P.M. November 11, 2019; approve the of purchase F. Approval of a Temporary Street Closing Application submitted by of a 2020 Dodge Ram 1500 truck for Public Works to Beck Auto Sales in the amount of $31,748.00], Okeechobee Main Street for a 3 -day Fall Fest event on November 9 to 11, 2019 (Exhibit 2). VOTE: G. Approval of purchase - 2020 Dodge Ram 1500 truck for Public Works WATFORD—YEA ABNEY—YEA CLARK—YEA (Exhibit 2a). JARRIEL — YEA KEEFE — YEA MOTION CARRIED. VI. OPEN PUBLIC HEARING FOR ADOPTION OF COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT A.1.a) Motion to read proposed Ordinance No. 1195 by title only, for Comprehensive Plan Small Scale Future Land Use (FLU) Map Amendment Application No. 19 -002 -SSA, submitted by Rhonda Waldron reclassifying Lots 8 through 10 of Block 4, SOUTHWEST ADDITION from Public Facilities to Commercial (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1195 by title only As requested at this time during the meeting New Business Item A was considered. See item within the order as provided on the published agenda. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:17 P.M. Council Member Keefe moved to read proposed Ordinance No. 1195 by title only, regarding Comprehensive Plan Small Scale Future Land Use (FLU) Map Amendment Application No. 19 -002 -SSA, submitted by Rhonda Waldron reclassifying Lots 8 through 10 of Block 4, SOUTHWEST ADDITION [Plat Book 2, Page 7, Okeechobee County Public Records] from Public Facilities (PUB) to Commercial (C); seconded by Council Member Abney. VOTE: WATFORD — YEA ABNEY — YEA CLARK— YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1195 by title only as follows: 'AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FLU MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM PUB TO C (APPLICATION NO. 19 -002 -SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." OCTOBER 15, 2019 - REGULAR MEETING - PAGE 3 OF 12 59L AGENDA COUNCIL ACTION - DISCUSSION - VOTE VI. PUBLIC HEARING CONTINUED A.2.a) Motion to adopt proposed Ordinance No. 1195. Council Member Jarriel moved to adopt proposed Ordinance No. 1195; seconded by Council Member Keefe. b) Public comments and discussion. City Planning Consultant Mr, Ben Smith of LaRue Planning and Management Services presented the Planning Staff findings, together with the Planning Board's review on September 19, 2019; both are recommending approval. The property was previously owned by Okeechobee County and served as the Lottie Raulerson Senior Services Center for years. Due to extensive damage by hurricanes, the County demolished the structures and the property was purchased by Ms. Waldron. The subject property is located at Southwest 11th Avenue and West South Park Street within one block of the West City Limits and one block South of the City's main commercial corridor, North Park Street/State Road 70 West, The Amendment was found to be consistent with the Comprehensive Plan, has adequate public facilities available for a commercial -use, and there does not appear to be any environmental impacts. The current surrounding FLU designations are C to the North and West with Single Family Residential (SFR) to the East and South. The surrounding zoning districts are Heavy Commercial (CHV) to the North and West with Residential Single Family -One (RSF-1) to the East and South. The existing surrounding uses are farming products (Southeast Milk Company) and distribution (by semi -trucks) to the North. The residence to the West is noted as a closed antique store. However other commercial uses have been operated at this residence in the past. There are residential homes to the East and South. There is a coordinating Rezoning Petition No. 19-004-R, that will be considered as New Business item "A" on tonight's agenda. Should the Council approve this FLU change to C, the most appropriate type of zoning would need to be considered. Additionally, Ms. Waldron cannot develop the property with a PUB FLU, Mayor Watford asked whether there were any questions or comments from the public. Mr. Dennis Lawrence, 1011 West South Park Street noted he lives two doors to the East of the subject property and questioned the proposed use as he was concerned with the types of uses that could be allowed on commercial property. Mayor Watford explained the process of FLU applications and Zoning petitions, The FLU is an overlay of the type of use that would be allowed on the property. However, the Zoning District would provide the intensity of the commercial use whether it be heavy, light, or professional offices. Each Zoning District has a set of permitted uses and then a list of uses allowed only be by obtaining a Special Exception. There are additional requirements that properties have to meet for a Special Exception to be approved, Additionally, special conditions can be applied to a Special Exception in order to provide additional safe guards for existing surrounding property owners. c) Vote on motion. VOTE: WATFORD - YEA ABNEY - YEA CLARK- YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. 597 AGENDA VI. PUBLIC HEARING CONTINUED 13.1.a) Motion to read proposed Ordinance No. 1196 by title only, regarding Comprehensive Plan Small Scale FLU Map Amendment Application No. 19 -003 -SSA, submitted by Reuven Rogatinsky on behalf of Frank Altobello Charitable Remainder Trust III, reclassifying 9.12+/- unplatted acres located in the 800 to 900 blocks of Southwest 6th Street from Single Family Residential to Multi -Family Residential (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1196 by title only 2.a) Motion to adopt proposed Ordinance No. 1196. b) Public comments and discussion. OCTOBER 15, 2019 - REGULAR MEETING - PAGE 4 OF 12 COUNCIL ACTION - DISCUSSION - VOTE Council Member Clark moved to read proposed Ordinance No. 1196 by title only, regarding Comprehensive Plan Small Scale FLU Map Amendment Application No. 19 -003 -SSA, submitted by Reuven Rogatinsky on behalf of Frank Altobello Charitable Remainder Trust III, reclassifying 9.12+/- unplatted acres located in the 800 to 900 blocks of Southwest 6th Street from SFR to Multi -Family Residential (MFR); seconded by Council Member Jarriel. VOTE: WATFORD - YEA ABNEY - YEA CLARK- YEA .JARRIEL - YEA KEEFE - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1196 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FLU MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SFR TO MFR (APPLICATION NO. 19 -003 -SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member Jarriel moved to adopt proposed Ordinance No. 1196; seconded by Council Member Clark, Council Member Abney disclosed for the record that he has a conflict of interest which could inure to the special gain or loss of his business associate, Mr. Steve Dobbs who is the Agent of record on behalf of the Applicant, on this matter. It was clarified that he will be permitted to participate in the discussion but will abstain from voting on the item. Planner Smith presented the Planning Staff findings, together with the Planning Board's review on September 19, 2019; both are recommending approval. The subject property is vacant unplatted land that is approximately 547 -feet by 725 -feet. It is improved pasture land and has been used for agriculture purposes (grazing livestock and/or hayfield) for many years. It is located North of Southwest 6th Street (across from the current location of the Okeechobee Catholic Church). To the West are Lots 14 to 24 of Block 202, OKEECHOBEE, Plat Book 1, Page 10 Okeechobee County public records (which Lots front Southwest 10th Avenue). The property to the East is vacant unplatted acreage with Southwest 7th Avenue located within approximately 150 -feet. West South Park Street is approximately three blocks to the North and within two blocks of the Southwest 12th Avenue City Limits. OCTOBER 15, 2019 - REGULAR MEETING - PAGE 5 OF 12 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VI. PUBLIC HEARING CONTINUED B.2.b) Public comments and discussion on proposed Ordinance No. 1196 The Amendment was found to be consistent with the Comprehensive Plan, has adequate public facilities available continued. for the proposed use, and there does not appear to be any environmental impacts. The current surrounding FLU designations are MFR to the North and East with SFR to the South and West. The surrounding Zoning is Holding to the North (with a pending Petition to rezone), to the East is RMF, Holding and RSF-1 to the South, and RSF-1 to the West. The existing surrounding uses are vacant pasture land to the North and East, and residences and churches are to the South and West. There are also residential homes to the East and South. There is a coordinating Rezoning Petition No. 19-005-R, that encompasses the subject property together with the contiguous 9.89+/ -acres to the North, and will be considered as New Business item "B" on tonight's agenda. Should the Council approve this FLU change to MFR, then the most appropriate zoning would need to be considered. The Applicant is proposing an apartment complex. c) Vote on motion. CLOSE THE PUBLIC HEARING - Mayor VII. UNFINISHED BUSINESS A. Update on the Mott property foreclosure proceedings and probate process. Mayor Watford asked whether there were any questions or comments from the public; there were none. Mr. Dobbs addressed the Council confirming their questions concerning drainage will be adequately addressed during the site plan review process before the Technical Review Committee (TRC). VOTE: WATFORD - YEA ABNEY - ABSTAINED ♦ CLARK- YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:39 P.M. Attorney Cook provided a memorandum to the Council dated October 9, 2019. Although not denoted as an exhibit for the published agenda materials, the document has been made a part of the official minute packet. The memorandum provided information on the Lorene Mott Code Enforcement Case No. 17-028, which was approved for foreclosure proceedings by the Council on September 4, 2018, and has been submitted to the courts. The court order was obtained to permit the required four-week advertisement publication beginning October 11, 2019. The next step will be to enter a foreclosure default to allow for a Final Hearing to be set. At that Hearing a sale date will be set, which usually takes at least 60 days. The City was recently informed that Ms. Mott passed away in Jackson County, Florida. Attorney Cook will be requesting a copy of the death certificate to file for the summary probate. Attorney Cook was contacted by a local businessman who expressed interest in purchasing the property. The matter should be resolved by probate or foreclosure by the end of December, No official action was required on this item, SO W-4 nr-TnRFR 15 91116. RFrall AD AfiPmKir- - DAr-C F nr 17 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. UNFINISHED BUSINESS CONTINUED B. Update on the Primitive Baptist property tax certificate foreclosure process. An update s provided on the pending acquisition of the Primitive Baptist Church property, Lots 9 to 12 of Block 3, SOUTH OKwaEECHOBEE, Plat Book 1, Page 12 Okeechobee County public records, with an address of 1003 Southwest 3rd Avenue. Attorney Cook advised the City has paid the 2016 and 2017 property taxes. The next step is to apply for a tax deed as the City is in a good position to acquire the property. Ms. Magi Cable of the Okeechobee His Society has researched the Raulerson family descendants and has found that the oldest living descendant lives in Okeechobee and may be willing to go through the probate process. Administrator MontesDeOca contacted the City of Pahokee as instructed but due to the complex situation, found nothing to help remedy the tax deed situation. There was no official action taken on this item. VIII. NEW BUSINESS A. Consider a new mural project in the downtown area - Okeechobee Main Street, Bridgette Waldau, Arts & Culture Alliance Director (Exhibit 5). A mural project presentation was made on behalf of the 2019 Chamber Leadership Class by Mrs. Bridgette Waldau, Director of the Okeechobee Main Street (OKMS) Arts and Culture Alliance, She explained the Leadership Class is sponsoring a mural project which features the Markham Brother's Cannery, FEC Railroad, and Coca-Cola Bottling Works Company to be painted on the East wall of the bottom floor of the two-story Park Street Office Suites building located at 601 West South Park Street, owned by Mr. Daniel Enfinger, The building is the original site of the Bottling Works Company from 1917 to 1929, and the cannery when it was in operation from 1939 to 1972. An artist conceptual drawing has been approved by Mr. Enfinger and the sponsors, with Ms. Kathy Scott being the proposed artist. Images of the mural project were included in the exhibit materials. The mural will feature an interactive area to give an effect of the railroad loading dock where the cannery and bottling products would be loaded on trains. Visitors can stand in front of this section as if they are at the loading dock. The other portion of the mural features the vegetables, assembly line, workers, and a copy of the labels used on the cans. There will be a plaque next to the mural recognizing the Chamber Leadership Class as the sponsor. This will be the eighth mural project from OKMS. Council Member Jarriel moved to approve OKMS Mural Project (No 8) featuring the Markham Brothers Cannery, FEC Railroad and Coca Cola Bottling Works Company on the East wall of Park Street Office Suites located at 601 West South Park Street (Lots 1 to 3 of Block 164, OKEECHOBEE, Plat Book 1 Page 10, Okeechobee Council public records) as presented; second by Council Member Clark. VOTE: WATFORD - YEA ABNEY - YEA CLARK- YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. B. Discuss City Fire Service Options (Exhibit 6). Attorney Cook, Administrator MontesDeOca and Fire Chief Smith met with County administrative staff, along with Council Member Jarriel, regarding the Council's request to investigate merging the City and County Fire Departments in an effort to reduce overall costs to the tax payers. Within the exhibit materials, Administrator MontesDeOca prepared a basic outline of potential options for discussion. They are listed as follows: AGENDA VIII. NEW BUSINESS CONTINUED B. Discuss City Fire Service Options continued. OCTOBER 15, 2019 - REGULAR MEETING - PAGE 7 OF 121 (41,110 COUNCIL ACTION - DISCUSSION - VOTE Retain current Fire Department with additional review of standard operation procedures to explore additional efficiencies. Prepare an update to the previous report to complete an updated Fire Assessment for the City and residences. Millage drop would be an immediate match in what is collected via the City Fire Assessment. Creation of an Independent Fire District. This was not an option discussed, however, is in operation at several areas surrounding Okeechobee. Would be an independent taxing authority for both County and City. Would require "buy -in" from both entities prior to execution. Contracting Services to County. All Fire Department services, fire and related inspections removed from City control. City retains taxing authority over residences and businesses. Millage would be required to drop to "true costs" of Fire Department, a future potential drop of the millage would be approximately 3 to 4 percent depending on merger and other future costs. Consolidation of Fire Services to County. All Fire Department services removed from City control. City surrenders taxing authority over residences and businesses, County to apply a newly determined Fire Assessment on all businesses and residences. It is expected that the Fire Assessment for the County would decrease as the City's businesses and residents will supplement County costs. Residential Fire Assessments in the County are currently $108.15. Non-residential County Assessments are based on industrial or commercial usages, then applied to a rate table based on a square footage basis and laddered on a flat rate between given ranges. The table was provided via email, a copy was added to the exhibit materials. Notation regarding ad valorem: during the initial City Fire Assessment discussion in 2016 it was discovered that 25 to 30 percent of City residential property owners do not pay $100.00 (or more) combined in taxes due to exemptions and/or home values. County Fire Assessments do not exempt any uses. A millage reduction would be drastic, due to the costs diverted to the County and ultimately to the residents. Residents would cover the Fire Assessment and potential future increased costs. A future potential drop in millage of 5 to 6 percent may occur depending on merger details and other future costs. However, when considering the concept of contracting or merging, the Council will also need to consider that the Insurance Service Office (ISO) rating potentially will remain the same, a review of the County as a single operating agency will be required. The level of service to citizens will remain close to current level. Approximately 300 minor accident/medical type calls per year will not have a fire response as under the County standard operating procedure, these would not warrant a response. The City does not duplicate County fire service, County does duplicate fire services within City due to County EMS standard operating procedures, excludes mutual aid or auto -aid. Over 1,000 new business construction inspections and business tax inspections are conducted annually by the City, the inspections as well as any revenue generated would be lost. The City should consider hiring a Fire Plans Reviewer with the ability to assist with other plan reviews. Equipment transfer not included, however items would be negotiated on a one-on-one basis. County would require no more than six of the current 12 Firefighters, and years of services would be relinquished. ki AGENDA VIII. NEW BUSINESS CONTINUED B. Discuss City Fire Service Options continued. C.1.a) Motion to read by title only, and set November 5, 2019, as a Final Public Hearing date for proposed Ordinance No. 1198, regarding Rezoning Petition No. 19-004-R submitted by Rhonda Waldron, to rezone Lots 8 through 10 of Block 4, SOUTHWEST ADDITION from Residential Single Family -One to Heavy Commercial (Exhibit 7). OCTOBER 15, 2019 - REGULAR MEETING - PAGE 8 OF 12 COUNCIL ACTION - DISCUSSION - VOTE City could potentially pay 60 percent of the salary of all those displaced for unemployment benefits for up to two years. Pension benefits have yet to be determined as costs depend on other decisions. Additional costs are expected for the six vested employees, and potentially involve a severance/benefit given once position is lost for those six not vested based on years of service. Additional discussions with the Pension Attorney are needed to determine costs. Based on initial review with the County, costs for services would range from $0.00 up to $625,000.00. The City's current costs are approximately $1.3 million dollars. Following a lengthy discussion, Council Members Abney, Clark, Jarriel, and Keefe were in favor of requesting a Workshop with the Board of County Commissioners, Mayor Watford stated his concern with conducting a Workshop at this point would not provide any additional information and asked the Council to share what other information they were looking for, or what specific information they want to discuss at the Workshop. County Administrator Chartier was asked whether the matter was at the point to conduct this Workshop. She replied, the Council needs to discuss the matter further to get a clear idea of what the Council specifically wants. From there, the level of service the Council wants for the citizens should be addressed. The Union Contract issues and Pension questions will also need to be answered. Once those are completed, the Council would be ready to come to the County at a Workshop. Mayor Watford opened the floor for public comments. Mr. Gary Ritter spoke adamantly against merging the two Departments. Mr. Joshua Sanders asked the Council to consider the services, what is covered within the City's jurisdiction, and response times. He was also against merging the two Departments. Mr. Frank Irby and Ms. Sandra Shaw Pearce spoke in favor of merging the Departments due to the potential, but not verified savings to tax payers. The Council noted they wanted specific call volume information that gives types of calls, number of employees providing that service on the call, and include ambulance call information. What is the specific time table for a merger to take place? How much would the City residents be required to pay in a County Fire Assessment? Are there other creative ideas for either Department to provide services better and more cost efficient? They want clear facts and figures about retaining City employees. Mayor Watford encouraged the Council to provide the City Administrator with a very specific detailed list of what information they want to review prior to the Workshop and what questions they want to be answered. Based on the consensus of the Council, the City Administrator was instructed to contact the County to request a Workshop as soon as possible. Council Member Jarriel moved to read by title only, and set November 5, 2019, as a Final Public Hearing date for proposed Ordinance No. 1198, regarding Rezoning Petition No. 19-004-R submitted by Ms, Rhonda Waldron, to rezone Lots 8 through 10 of Block 4, SOUTHWEST ADDITION [Plat Book 2, Page 7, Okeechobee County public records] from RSF-1 to CHV; seconded by Council Member Clark. nrmRP:R 15 MCI - PPrl II 4R MPPTwr- . PAnr: Q nc 14) eft A� ; i�1C.- i AGENDA - 4�l�.ii..'.+H�" rri�l '_ �'a"',�—.o ¢p COUNCIL ACTION - DISCUSSION - VOTE VIII. NEW BUSINESS CONTINUED C.1.b) Vote on motion to read by title only and set Final Public Hearing date, VOTE: proposed Ordinance No. 1198. WATFORD — YEA ABNEY — YEA CLARK— YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1198 by title only. Attorney Cook read proposed Ordinance No. 1198 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RSF-1 TO CHV ZONING DISTRICT (PETITION NO. 19-004-R); AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to approve the first reading of proposed Ordinance No. 1198. Council Member Abney moved to approve the first reading of proposed Ordinance No. 1198; seconded by Council Member Jarriel. b) Public comments and discussion. Planner Smith provided the review of the Planning Staff Report and clarification to the Council regarding FLU versus Zoning and how areas of transition can have mixed uses based on historical existing uses. This Petition is for the same property as the previous approved Public Hearing item A, Ordinance No. 1195, Application No. 19 -002 -SSA. Mayor Watford opened the floor for questions or comments from the public. Ms. Janet Lawrence of 1011 West South Park Street noted her concerns with CHV uses next to her home (which is within a transition commercial corridor area) and why the City would approve it. Mayor Watford explained that property owners have the right to petition the City to rezone their property; they requested CHV. It is up to the Planning Staff, Planning Board and Council to determine whether the requested zoning is the correct fit for the property. He also explained that the small size of the property would dictate and limit what type of CHV uses they could operate. Further safeguards can also be addressed when the site plan is reviewed by the TRC. He gave specific examples of other CHV developments next to residences. There being no further discussion, the Mayor called for a vote, c) Vote on motion, VOTE: WATFORD — YEA ABNEY — YEA CLARK— YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. D.1.a) Motion to read by title only, and set November 5, 2019 as a Final Council Member Clark moved to read by title only, and set November 5, 2019 as a Final Public Hearing date for Public Hearing date for proposed Ordinance No. 1199, regarding proposed Ordinance No. 1199, regarding Rezoning Petition No. 19-005-R submitted by Reuven Rogatinsky on Rezoning Petition No, 19-004-R submitted by Reuven Rogatinsky on behalf of Frank Altobello Charitable Remainder Trust III, to rezone 19.01+/- unplatted acres located in the 800 to behalf of Frank Altobello Charitable Remainder Trust III, to rezone 900 blocks of Southwest 6th Street from Holding to RMF; seconded by Council Member Jarriel. 19.01+/- unplatted acres located in the 800 to 900 blocks of Southwest 6th Street from Holding to Residential Multiple -Family (Exhibit 8). 4 :,._. 4`��L 603 AGENDA VIII. NEW BUSINESS CONTINUED D.1.b) Vote on motion to read by title only and set Final Public Hearing date, proposed Ordinance No. 1199, c) City Attorney to read proposed Ordinance No. 1199 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1199. c) Vote on motion. E. Motion to adopt proposed Resolution No, 2019-14, City Government Week (Exhibit 9). WATFORD - YEA JARRIEL - YEA OCTOBER 15, 2019. REGULAR MEETING - PAGE 10 OF 12 COUNCIL ACTION - DISCUSSION - VOTE VOTE: ABNEY - YEA KEEFE - YEA CLARK- YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No, 1199 by title only as follows: 'AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING TO RMF ZONING DISTRICT (PETITION NO. 19-005-R); AMENDING THE ZONING MAP ACCORDINGLY; 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. 1199; seconded by Council Member Keefe. Council Member Abney disclosed for the record that he has a conflict of interest which could inure to the special gain or loss of his business associate, Mr. Steve Dobbs who is the Agent of record on behalf of the Applicant, on this matter. It was clarified that he will be permitted to participate in the discussion but will abstain from voting on the item. Planner Smith reviewed the Planning Staff Report. The traffic impact is an area of concern. However, the issues were adequately addressed by the Applicants traffic engineer. In response to the Mayor's request for public comments, Mr. Dobbs noted his attendance for questions or comments. Mayor Watford questioned the proposed site plan, as it shows the only entrance and exit to be from Southwest 6th Street between 7th and 10th Avenues. There is a small strip of land on the North -end that connects to Southwest 2nd Street. This is shown as an emergency only exit. He then gave an example of blocked off entrances/exits with markings on the side from where drivers have gone around the blocked area, and while it was a good idea the area ends up looking bad due to these drivers. Mr. Dobbs responded that the emergency exit will be paved and they will ensure that this is not created. VOTE: WATFORD - YEA ABNEY - ABSTAINED ♦ CLARK- YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. Council Member Abney moved to adopt proposed Resolution No. 2019-14; seconded by Council Member Jarriel. OCTOBER 15, 2019 - REGULAR MEETING - PAGE 11 OF 12 W4 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. NEW BUSINESS CONTINUED E. Motion to adopt proposed Resolution No, 2019-14, City Government Attorney Cook read proposed Resolution No. 2019-14 by title only as follows: "A RESOLUTION OF THE CITY Week continued. COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; RECOGNIZING THE WEEK OF OCTOBER 21 THROUGH 27, 2019, AS "FLORIDA CITY GOVERNMENT WEEK" AND ENCOURAGING ALL FLORIDA CITY OFFICIALS TO SUPPORT THIS CELEBRATION BY PARTICIPATING IN THE "MY CITY: 1'M PART OF IT, I'M PROUD OF /7' ACTIVITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Mayor Watford reminded everyone that the City's project is the Town Hall Meeting to be held on October 22, 2019, at 2:00 P.M. in the Council Chambers; everyone is welcomed and invited. VOTE: WATFORD - YEA ABNEY - YEA CLARK- YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. F. Discuss the Legal Services Request for Qualifications (RFQ) and Legal Provided within the exhibit materials were two documents, a draft of a Request for Qualifications (RFQ) and a draft Services Request for Proposals (RFP) (Exhibit 10). of a Request for Proposals (RFP), both for City Attorney Legal Services. Administrator MontesDeOca explained the process. Once the deadline expires, all submittals will be opened, and the names of the attorneys/firms will be read. Staff will then review the submittals using a tally sheet and provide a proposed ranking for the Council to consider (tentatively set for the December 3, 2019, meeting). The Council can call a special meeting to conduct the interviews. The difference between the two documents is that the RFP requires the responder to include their fees. The RFQ is based on the qualifications of either the firm or attorney submitting, and their fees can be negotiated by a contract. These do not have to follow the consultant's competitive negotiations act, and the Council is not required to approve the lowest bid. The final contract can be awarded by December 17, 2019. By consensus, the Council approved the RFQ and RFP, amending the removal of the fee proposal within the RFQ, and revising the dates in both to meet the deadlines based on advertising deadlines. IX. COUNCIL COMMENTS Council Member Jarriel: Council Member Jarriel noted his appreciation for the monthly Department reports being submitted through the Administrator. He also noted the urgency of the Administrator scheduling the requested Workshop with the County. Council Member Keefe: Council Member Keefe commented that the reason he wanted to schedule the Workshop with the County regarding the Fire Department merger was because he and the public could participate in the discussion, as the previous meeting held was City and County Staff and Council Member Jarriel. Due to sunshine laws he was unable to attend. Mayor Watford and Council Members Abney and Clark offered no comments. AGENDA OCTOBER 15, 2019 - REGULAR MEETING - PAGE 12 OF 12 COUNCIL ACTION - DISCUSSION - VOTE X. ADJOURNMENT - Mayor There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 8:00 P.M. The 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 next regular meeting will be held on November 5, 2019. 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: Lane amiotea, C C, City Clerk Dowling R. Watfdrd, Jr.,°Mayor ♦ Form 813 Memorandum of Voting Conflict for County, Municipal, and other Local Public Officers was filed by Council Member Abney on October 15, 2019, in the Office of the City Clerk and made a part of the official record filed in the permanent minute file for this meeting.