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DRAFT 2019-09-24 MinutesCITY OF OKEECHOBEE SEPTEMBER 24, 2019, REGULAR CITY COUNCIL MEETING AND FINAL BUDGET PUBLIC HEARING 55 SE 3RD AVENUE • COUNCIL CHAMBERS • OKEECHOBEE, FL 34974 DRAFT SUMMARY OF COUNCIL ACTION PAGE 1OF10 AGENDA COUNCIL ACTION - DISCUSSION - VOTE 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. Mayor Watford called the September 24, 2019, meeting to order at 5:03 P.M. The invocation was offered by Mayor Watford and prayers were offered to the family of former employee Tiffany Noel, who succumbed to her battle with cancer. The Pledge of Allegiance was led by Mayor Watford. Deputy Clerk Jenkins 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 Absent (with consent) 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; there were none. Mayor Watford opened the floor for public comment on matters not on the agenda; there were none. SEPTEMBER 24, 2019 - REGULAR MEETING & FINAL BUDGET PUBLIC HEARING - PAGE 2 OF 10 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IV. PRESENTATIONS AND PROCLAMATIONS A. Proclaim the month of September 2019 as "Hunger Action Month." B. Proclaim the month of September 2019 as "Suicide Awareness Month." C. Proclaim the week of September 17 through 24, 2019, as "National Constitution Week." Mayor Watford proclaimed the month of September 2019 as "Hunger Action Month." The Proclamation was presented to Ms. Erin Cox, Chief Operating Officer of the Treasure Coast Food Bank. The document was read into the record as follows: "Whereas, hunger and poverty remain issues of grave concern in the United States, the State of Florida, the Treasure Coast, and the City of Okeechobee, with 7,520 children and adults in Okeechobee County now categorized as food insecure; and Whereas, the City of Okeechobee is committed to taking steps to raise awareness about the need to combat hunger in every part of our City and to provide additional resources that citizens of Okeechobee need; and Whereas, food banks and hunger relief organizations across the country, including the Treasure Coast Food Bank, coordinated Hunger Action Day on September 12, 2019 and will continue to host numerous events throughout the month of September to shed light on this important issue and encourage involvement in efforts to end hunger in their local community. Now, Therefore, 1, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of September 2019 as 'Hunger Action Month' in the City of Okeechobee and call this observance to the attention of our citizens." Mayor Watford proclaimed the month of September 2019 as "Suicide Prevention Awareness Month." The Proclamation was presented to Ms. Laura Murray with New Horizons of the Treasure Coast, and read into the record as follows: "Whereas, September is National Suicide Prevention Awareness Month, which directs the public's attention to this public health epidemic that is destroying lives, families and even whole communities; and Whereas, suicide is the second leading cause of death in the U.S. among individuals age 10 to 34 years old; and Whereas, suicide is the fourth leading cause of death among individuals between the ages of 35 and 54; and Whereas, suicide is the tenth leading cause of death overall in the U.S., claiming the lives of over 47,000 people; and Whereas, suicide is an epidemic that may co-occur with depression; and depression is being linked in more than 50 percent of suicides; and Whereas, on average, there are 129 suicides a day or 1 every 11.11 minutes, In Okeechobee County, there were 8 suicides in 2018; and Whereas, suicide is the only death that is 100% preventable; by offering the public education, data, support, and services that are available 24 hours a day, 7 days a week, we as a community have taken a step toward preventing another suicide by our residents; and Whereas, we as a community are honored to be part of the healing process and we support services addressing mental illness and drug and alcohol addiction. Now, Therefore, 1, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim September 2019 as "Suicide Prevention Awareness Month." Mayor Watford proclaimed the week of September 17 through 24, 2019 as "National Constitution Week." The Proclamation was presented to members of the Daughters of the American Revolution. The document was read into the record as follows: "Whereas, September 17, 2019 marks the two hundred thirty second anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and Whereas, it is fitting and proper to accord official recognition to this magnificent documentand its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and Whereas, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 24 as Constitution Week. Now Therefore, 1, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the week of September 17 through 24, 2019 as 'NATIONAL CONSTITUTION WEEK' in the City of Okeechobee, and ask our citizens to reaffirm the ideals that the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained." SEPTEMBER 24, 2019 - REGULAR MEETING & FINAL BUDGET PUBLIC HEARING - PAGE 3 OF 10 AGENDA COUNCIL ACTION - DISCUSSION -VOTE V. VI. CONSENT AGENDA A. Approval of Minutes - August 6, 2019, August 20, 2019, August 30, 2019, September 10, 2019. B. Approval of Warrant Register - August 2019 PUBLIC HEARING FOR FINAL READING AND ADOPTION OF BUDGET ORDINANCES AND FIRST READING AND ADOPTION OF COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT A. Mayor announces that the purpose of this Public Hearing is to consider the final 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 (0.00%) 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, 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 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1191 by title only. Council Member Clark moved to approve consent agenda items A and B [August 6, 2019, August 20, 2019, August 30, 2019, and September 10, 2019 Minutes. Note: page 3 of August 30, 2019 minutes was changed prior to the meeting to reflect accurate shelter information for South Elementary. The revised minutes were emailed to the Council and Attorney prior to the meeting. Warrant Register amounts are General Fund $553,240.54, Public Facilities Improvement Fund $14,184.50, and Capital Improvement Projects Fund $58,108.97.]; seconded by Council Member Keefe. VOTE: WATFORD—YEA ABNEY—YEA CLARK—YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 5:20 P.M. Mayor Watford announced that the purpose of this Public Hearing is to consider the final reading of Ordinances for the proposed Millage Rate levy and proposed budget for Fiscal Year (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). Council Member Jarriel moved to read proposed Ordinance No. 1191 by title only, 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. 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." SEPTEMBER 24, 2019 - REGULAR MEETING & FINAL BUDGET PUBLIC HEARING - PAGE 4 OF 10 AGENDA COUNCIL ACTION - DISCUSSION -VOTE VI. PUBLIC HEARING CONTINUED C.2.a) Motion to adopt 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, setting the annual budget for proposed Fiscal Year October 1, 2019, through September 30, 2020 (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1192 by title only. 2.a) Motion to adopt proposed Ordinance No. 1192. b) Public comments and discussion. Council Member Clark moved to adopt proposed Ordinance No. 1191; seconded by Council Member Keefe. Mayor Watford asked whether there were any questions or comments from the public; there were none. There was no discussion from the Council. VOTE: WATFORD—YEA ABNEY—YEA CLARK—YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Jarriel moved to read proposed Ordinance No. 1192 by title only, setting the annual budget for October 1, 2019, through September 30, 2020; seconded by Council Member Clark. VOTE: WATFORD—YEA ABNEY—YEA CLARK—YEA JARRIEL — YEA KEEFE—YEA MOTION CARRIED. 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 1 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 adopt proposed Ordinance No. 1192; seconded by Council Member Clark. 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. SEPTEMBER 24, 2019 - REGULAR MEETING & FINAL BUDGET PUBLIC HEARING - PAGE 5 OF 10 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VI. PUBLIC HEARING CONTINUED D.2.b) Public comments and discussion continued. c) Vote on motion. E.1.a) Motion to read proposed Ordinance No. 1193 by title only 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 (Exhibit 3). b) Vote on motion to read by title only. 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 $2,249,349.00. 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). 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 and questions; there were none. There was no discussion from the Council. Personnel changes approved by adopting the budget include: a promotion for the Account Clerk position to Account Supervisor including a salary increase; the addition of two full-time Administrative Secretary positions, one within the City Clerk's Office (in place of a part-time Office Assistant) and one within General Services; a $2,000.00 base salary increase for the General Services Coordinator position; the Code Officer position changed to a full-time position including a salary increase; and providing for Public Works seasonal part-time positions to be hired through Labor Finders as a contract service. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Keefe moved to read proposed Ordinance No. 1193 by title only, amending the Comprehensive Plan Future Land Use Map (FLUM) as submitted by Application No. 19 -001 -SSA, [Mr. Hello J. Pereda as registered agent of the property owner 110 Marion Road, Inc.], reclassifying Lots 10, 11, and 12, of Block 178, OKEECHOBEE [Plat Book 5, Page 5, Okeechobee County Public Records], from Single Family Residential (SF) to Multi -Family Residential (MF); seconded by Council Member Jarriel. VOTE: WATFORD—YEA ABNEY—YEA CLARK—YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. SEPTEMBER 24, 2019 - REGULAR MEETING & FINAL BUDGET PUBLIC HEARING - PAGE 6 OF 10 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VI. PUBLIC HEARING CONTINUED E.1.c) City Attorney to read proposed Ordinance No. 1193 by title only. 2.a) Motion to adopt proposed Ordinance No. 1193. b) Public comments and discussion. Attorney Cook read proposed Ordinance No. 1193 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 FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO MULTI -FAMILY RESIDENTIAL (APPLICATION NO. 19.001 -SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Council Member Clark moved to adopt proposed Ordinance No. 1193; seconded by Council Member Jarriel. Council Member Abney noted for the record he has a conflict of interest and will be abstaining from voting on this matter as his business partner, Mr. Steve Dobbs, is the registered agent for the Applicant. Mayor Watford yielded the floor to City Planning Consultant, Mr. Ben Smith of LaRue Planning and Management Services, who explained the Planning Board reviewed Application No. 19 -001 -SSA on August 15, 2019, and recommends approval. The Planning Staffs findings are as follows: the Application was found to be consistent with the City's Comprehensive Plan. The existing zoning is Residential Multiple -Family (RMF). The surrounding area of the subject property includes Commercial FLU to the East, then SF FLU to the North, South, and West. The zoning is RMF on all sides. The existing uses to the North and East are vacant, to the South is a church (Believers Fellowship), and to the West are residences. In regard to traffic, according to the Institute of Traffic Engineers Trip Generation Report, five multi -family dwelling units are estimated to generate 33 daily vehicle trips, with three of those trips occurring during the peak afternoon hour (two in and one out). This represents a potential increase of 14 daily vehicle trips and an increase of one inbound vehicle trip during peak hours, which is not a significant increase in vehicle trips and should cause no impacts to surrounding properties or rights -of -ways. There are adequate public facilities as the estimated increase in demand for potable water and wastewater treatment will not be significant. There are no wetlands on the site or in the vicinity. The subject property is within flood zone X, which indicates a minimal risk of flooding. The site has no significant or unique characteristics regarding environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding. Mr. Smith further explained the existing structure was condemned by the Building Official and Fire Chief due to structural integrity and life safety concerns. Mr. Steve Dobbs of 209 Northeast 2nd Street addressed the Council stating the property owner plans to renovate the existing structure into five multi -family units as low -rent Veteran housing. He added the existing structure encroaches into the rights-of-way, and an agreement to remedy this is forthcoming. Council Member Clark confirmed that this was an existing apartment complex prior to the Comprehensive Plan adoption, formerly known as the Honeybee Apartments. The area has transitioned into mostly commercial uses. SEPTEMBER 24.2019 - REGULAR MEETING & FINAL BUDGET PUBLIC HEARING - PAGE 7 OF 10 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VI. VII. PUBLIC HEARING CONTINUED E.2.c) Vote on motion. CLOSE PUBLIC HEARING NEW BUSINESS A. Motion to approve renewal of Property and Casualty Insurance coverages with the Public Risk Management (PRM) of Florida and continuation of a two-year coverage agreement with an effective date of October 1, 2019 - India Riedel, Finance Director, Bonnie Mims, Executive Director, PRM and Joshua Hallon, CCP, Assistant Vice President, World Risk Management (Exhibit 4). B. Motion to adopt proposed Resolution No. 2019-11, supporting the 2020 Census (Exhibit 5). VOTE: WATFORD — YEA ABNEY—ABSTAINED* CLARK — YEA JARRIEL—YEA KEEFE — YEA MOTION CARRIED. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 5:37 P.M. At the request of the Council, Finance Director Riedel introduced Ms. Bonnie Mims, Public Risk Management Executive Director and Mr. Joshua Hallon of World Risk Management. Mr. Hallon gave a presentation on the 2019-20 FY Stewardship Report; a copy of the presentation was distributed at the meeting and made a part of the official record. The differences in premiums from 2018-19 FY to 2019-20 FY were provided as follows: the Property and Crime premium portion of the policy increased from $62,512.00 to $63,018.00; General Liability, Automobile Liability, Errors and Omission, Law Enforcement Liability, Excess Liability premium increased from $92,210.00 to $102,485.00; Workers Compensation premium increased from $134,660.00 to $148,059.00; the Member Participation Credit increased from $5,808.00 to $6,271.00; and Cyber Liability is included at no charge. The overall premium for the 2019-20 FY is $307,292.00 (a 7.98 percent increase). Council Member Abney moved to approve the renewal of Property and Casualty Insurance coverages with the PRM of Florida and continuation of a two-year coverage Agreement with an effective date of October 1, 2019; seconded by Council Member Jarriel. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL—YEA KEEFE—YEA MOTION CARRIED. Council Member Jarriel moved to adopt proposed Resolution No. 2019-11 supporting the 2020 Census; seconded by Council Member Clark. Attorney Cook read proposed Resolution No. 2019-11 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; AFFIRMING SUPPORT FOR AND A PARTNERSHIP WITH STATE AND LOCAL LEADERS TO ENSURE AN ACCURATE 2020 CENSUS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Mayor Watford opened the floor for public comment. Ms. Connie Wright, the Okeechobee and Glades Counties Census Recruiter, addressed the Council and explained the Census Bureau is currently hiring for Census Takers. The starting wage is $15.00 per hour, with mileage reimbursement of $0.58 per mile. There are part-time, full-time, and supervisory positions available and you must be 18 years old for employment. The Council thanked Ms. Wright for the information. SEPTEMBER 24. 2019 - REGULAR MEETING & FINAL BUDGET PUBLIC HEARING - PAGE 8 OF 10 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. NEW BUSINESS CONTINUED B. Motion to adopt proposed Resolution No. 2019-11, supporting the 2020 Census continued. C. Motion to adopt proposed Resolution No. 2019-12 regarding Americans with Disabilities Act requirements for municipal websites (Exhibit 6). D. Clarification of legal summary for the Mott property and the Primitive Baptist Church property. VOTE: WATFORD — YEA ABNEY — YEA CLARK—YEA JARRIEL—YEA KEEFE—YEA MOTION CARRIED. Council Member Keefe moved to adopt proposed Resolution No. 2019-12 regarding Americans with Disabilities Act requirements for municipal websites; seconded by Council Member Abney. Attorney Cook read proposed Resolution No. 2019-12 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; URGING THE U.S. DEPARTMENT OF JUSTICE TO CLARIFY THE REQUIREMENTS FOR MUNICIPAL WEBSITES TO BE IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE" Mayor Watford opened the floor for public comments and questions; there were none. There was no discussion on this item. VOTE: WATFORD—YEA ABNEY—YEA CLARK—YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Keefe expressed his discontentment with the lack of communication regarding the status of the foreclosure proceedings on the property owned by Lorene Mott, located at 1006 Southwest 5th Avenue [Code Enforcement Case No. 17-028, Parcel ID: 3-21-37-35-0040-0010Y-0020]. A memorandum was issued on September 12, 2019, by Attorney Cook explaining Mr. Noel Chandler expressed interest in obtaining the property in December of 2018. After no further contact by Mr. Chandler Attorney Cook filed the foreclosure in March of 2019. Mr. Chandler, again, reached out to Attorney Cook in August of 2019 stating he had reached an agreement with the deceased property owner's son to purchase the property and demolish the structure on it, but to do that a probate action would have to be filed. Attorney Cook was retained by Mr. Chandler as his private Attorney. There is no conflict of interest and Attorney Cook recommended this method as a cost savings to the City. Council Members Clark and Keefe expressed their objections to how the methods of handling this property by the City has appeared to the public. After further discussion on methods of obtaining compliance on the property, a motion was made by Council Member Jarriel to give Mr. Noel Chandler until October 31, 2019, to complete the probate. If the probate fails to be completed by that date, then the City will proceed with foreclosure proceedinqs; seconded by Council Member Clark. Council Member Keefe expressed his disagreement with the motion stating he would like to see the foreclosure and probate process run concurrently to prevent the further delays. VOTE: WATFORD — YEA ABNEY- NO CLARK— NO JARRIEL — YEA KEEFE — No MOTION FAILED. SEPTEMBER 24. 2019 - REGULAR MEETING & FINAL BUDGET PUBLIC HEARING - PAGE 9 OF 10 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. NEW BUSINESS CONTINUED D. Clarification of legal summary for the Mott property and the Primitive Baptist Church property continued. E. Agreement for attorney services (Exhibit 7). Council Member Abney then made a motion to continue with the foreclosure process by running the required advertisements and to provide a deadline of October 31, 2019, for Mr. Chandler to complete the probate process. If the probate process is completed by the deadline, the City will withdraw the foreclosure; seconded by Council Member Jarriel. The Council directed an update be provided at the October 15, 2019, meeting on the status of the probate process and foreclosure proceedings. VOTE: WATFORD—YEA ABNEY—YEA CLARK—YEA JARRIEL—YEA KEEFE—YEA MOTION CARRIED. The discussion then turned to the Primitive Baptist Church property located at 1003 Southwest 3rd Avenue, legal description: Lots 9 to 12 of Block 8, SOUTH OKEECHOBEE, Plat Book 1, Page 12, Okeechobee County public records. The City purchased the 2018 tax certificate on June 3, 2019 in the amount of $2,246.43. The 2016 and 2017 Certificates are still owned by Capital One Bank as Assignee for TLGF. To date, no response has been received regarding the offer of $15,000.00 to purchase these Certificates. Mr. Noel Chandler has agreed to be the appointed Trustee to the Estate of Peter and Louisiana Raulerson, as he is a descendant, but does not have the funding to go through the process of appointment. It was suggested that funding assistance could possibly be obtained from the Historical Society. Discussion continued. The Council directed Finance Director Riedel to obtain information on foreclosing on the Tax Certificate, and for Administrator MontesDeOca to contact the City of Pahokee regarding the process used on the property they obtained and sold through Tax Certificate foreclosure. Mayor Watford explained the Contract with Attorney Cook expires on September 30, 2019, and he will not be submitting for renewal, causing a Request For Qualifications (RFQ) and/or Request for Proposal (RFP) to be created and let. With the expiration of the Contract, a decision will need to be made to continue services on a monthly basis or extend the current Contract for a specified amount of time. Administrator MontesDeOca explained he is recommending the Council extend Mr. Cook's Contract to December 31, 2019. Attomey Cook requested he be paid at the current budgeted rate effective October 1,2019, which is $185.00 per hour. Council Member Keefe stated the unnecessary delay of generating a job description for Attorney services has put needless expedience in hiring a new Attorney. He would support extending the current Contract at the existing rate of pay as this is not a re -negotiation. A motion was made by Council Member Jarriel to extend Mr. Cook's current Contract to December 31, 2019, at the rate of $2,100.00 per month for basic services with an additional service rate of $100.00 per hour for litigation work and a Per Diem of $150.00 per half-day work at City Hall; seconded by Council Member Clark. SEPTEMBER 24, 2019 - REGULAR MEETING & FINAL BUDGET PUBLIC HEARING - PAGE 10 OF 10 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. NEW BUSINESS CONTINUED E. Agreement for attorney services continued. The Council directed the Administrator to have a RFQ ready for consideration at the October 1, 2019, meeting. Questions or recommendations on items to be included in the RFQ are to be provided to the Administrator. VOTE: WATFORD — YEA ABNEY — YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. VIII. COUNCIL COMMENTS Mayor Watford and Council Member Clark offered no comments. Council Member Abney requested a section be added to the agenda where items that are pending Council review are placed until approved, citing items get overlooked and are only placed on the agenda for action when there is an issue. Mayor Watford reminded Council Member Abney that the Administrator was directed to send out a monthly status report from each Department with this information being included. Council Member Jarriel recognized Staff for the efforts of installing the new "Veterans Only" parking space at City Hall. He also provided an update on the meeting between the City and County Fire Departments, which will be held Wednesday, October 2, 2019; no time was given. He reminded all citizens of the upcoming Town Hall Meeting scheduled for October 22, 2019 at 2:00 P.M. in the Council Chambers and asked that the advertisements be posted as soon as possible. Lastly, he addressed a situation that occurred with a citizen that has him questioning the procedures of handling incoming mail for the Council. Administrator MontesDeOca responded letters received at City hall for the Council are provided to his office and he responds when needed. Legal matters are only responded to by the City Attorney. Mayor Watford explained the letter was addressed to him and he read the letter and felt that the accusations within the letter warranted a response from the Attorney, which Attorney Cook responded on September 19, 2019, via a letter. Council Member Keefe asked for a status update on the Strategic Plan that was to be approved prior to the budget being adopted. Administrator MontesDeOca explained the Plan has been sent back to be refined. He intends on submitting the Plan to Council for approval in December or January. Council Member Keefe requested the Plan be placed on the next agenda for official approval. IX. ADJOURNMENT - Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with There being no further discussion, nor items on the agenda, Mayor Watford adjoumed the meeting at 7:05 P.M. The 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. next regular meeting will be held on October 1, 2019. ATTEST: Dowling R. Watford, Jr., Mayor • Form 8B Memorandum of Voting Conflict for County, Municipal, and other Local Public Officers was filed by Council Member filed in the Lane Gamiotea, CMC, City Clerk Abney on September 24, 2019, in the Office of the City Clerk and made a part of the official record permanent minute file for this meeting.