2019-11-05 Handwritten MinutesCity of Okeechobee, November 5, 2019 Meeting Minutes taken during the meeting by Lane Gamiotea
CALL TO ORDER
Mayor Watford called the Regular City Council Meeting to order on November 5, 2019. at 6 P.M. in the Council
Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974.
A. The invocation was offered by Pastor Don Hannah of the First United Methodist Church.
B. The Pledge of Allegiance was led by Mayor Watford.
II. ATTENDANCE
Mayor Dowling R. Watford, Jr.
Council Member Wes Abney
Council Member Monica Ciark
Council Member Bob Jarriel
Council Member Bobby Keefe
City Attorney John R. Cook
City Administrator Marcos MontesDeOca
Fire Chief Herb Smith
Police Chief Bob Peterson
Public Works Dire_`or David Allen
City PlannA-, Ben Smith
City Clerk Lane Gamiotea
Deputy City Clerk Bobbie Jenkins
Present
Present
Present
Present
Present
Pfesent
Present
Present
Present, Major Hagan present
Present
Absent
Present
Present
III. AGENDA AND PUBLIC COMMENTS - Mayor
A. Requests for the addition, deferral or withdrawal of agenda items.
Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda.
Add new business item E, schedule the joint workshop with the County, Exhibit 11.
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 asked whether there were any comment cards presented for public comment. There were none.
IV. PRESENTATIONS AND PROCLAMATIONS
A. Five-year service award to Melissa Henry, Finance Department
On behalf of the City, Mayor Watford and Administrator MontesDeOca presented Mrs. Melissa Henry with a Longevity
Service Award/engraved cross pen and a framed certificate which read, "in recognition of your 5 -years of service, hard
work, and dedication to the City, its citizens, and your fellow employees from November 3, 2014 to November 3,
2019" Melissa was hired as an account clerk in the Finance Department on Nov 3, 2014, promoted to Account Supervisor
on Oct. 1, 2019, was accompanied by her husband Bruce and youngest daughter Madison.
Robin took photos — get copies, print & post to FB.
India made the presentation, integrity, compassion to others and exceeded grew to the supervisors position. She has taken
the horns on the open enrollment benefits. Follow up with the employees. Elected by 2016 to the General Pension Board of
Trustees by her peers, attended pension conferences, completed inter mediate trustee, full certification in January. Always
striving for better, and thank her for her years of service.
Thank India and Kim Barnes. Choose a job you love and youll never work a day in your life.
MDO — Melissa always stepped up to fill India's shoes.
B. Twenty-year service award to Sue Christopher, Fire Department
Herb — she's been with the fire dept from the beginning. Served two chiefs, complete opposites from the other chief. Been a
good sport. Story of a guy salesman, guy being aggressive, fishing buddy she hooked him in, introduced myself to him and
it have been very good.
On behalf of the City, Mayor Watford and Fire Chief Smith presented Ms. Sue Christopher with a Longevity Service Award
in the amount of $250.00 and a framed certificate which read, "in recognition of your 20 -years of service, hard work,
and dedication to the City, its citizens, and your fellow employees from October 18, 1999 to October 18, 2019."
Sue was hired as a part-time secretary to the Fire Chief on then to full-time on October 18, 1999.
She was accompanied by her brother-in-law and boyfriend.
Sue — grateful to work with the city, people who really care about each other, a team working to make our city the best it can
be. Thank both chiefs, seeing potential in me when I doubted my own ability, express what a great feeling to spend that with
the city to look back that I'm stronger and better for my time with the city.
Robin took photos — get copies, print & post tc FB.
C. Life -Saving Award to City Fire Lt. Glenn Hodges, Firefighter Les McGee, and Firefighter David Cortez
EMT Commendation Bar
Nov 5, 2019 Regular Council Meeting, City Clerk minutes taken during meeting, Page 1 of 10
Herb — these guys look at their job and what they do every day. Call with a choking patient, turning colors. They were first
on the scene, dedication of both departments with the purpose of saving a persons life. They got the food out, fire rescue
arrived to finish it up.
Watford — call from O'Connor asked to expressed the appreciation to them ,LT Hodges used and everything worked like it
should.
Copies of the certificates received from fire department.
Robin took photos — get copies, print & post to FB.
D. Glades Gas 90th Anniversary
A proclamation was read by Mayor Watford into the record: "WHEREAS, Glades Gas Company is one of the oldest
family businesses in Okeechobee celebrating its 90th birthday on November 5, 2019; and WHEREAS, Daniel B
McCarthy, born in Spalding Nebraska, came to Okeechobee by train in 1915 and opened his first store in 1916 on
Park Street; and WHEREAS, after World War 1, Daniel (fondly known as Big Mac) fulfilled a need in Okeechobee for
propane powered refrigeration and started the propane company Glades Gas Company in 1929; and WHEREAS, in
1946 Big Mac, with his son Daniel M., expanded his business by opening Glades Gas Company in its current
location at 804 North Parrott Avenue, and an office in Clewiston and Belle Glade; and WHEREAS, in 1957 Daniel M.
signed a contract with General Electric to sell gas and electric appliances and in 1965 became a Carrier Air
Conditioning contractor, and WHEREAS, after Daniel B.'s passing in 1963, John Douglas Cassels managed and
expanded Glades Gas in Okeechobee until his retirement in 1987; and WHEREAS, in the 1980's three of Daniel M.'s
children, Monica, Dennis and Kevin, purchased and managed the three Glades Gas Company offices; and
WHEREAS, with the expansion of natural gas the propane locations in Clewiston and Okeechobee were sold to
Florida Public Utilities in 2013 and started doing business as Glades Air Conditioning; and WHEREAS, the service
provided by Glades Gas Company over the past 90 years will continue to have a positive impact on our
communities and its citizens. NOW THEREFORE, 1, Dowling R. Watford, Jr., Mayor of the City of Okeechobee, and
on behalf of the City Council of Okeechobee and the citizens of Okeechobee, honor Glades Gas Company on their
90th birthday."
Robin took photos — get copies, print & post to FB.
Presented to Monica Clark, addressed the council, thank you, so proud to be apart of this family and community.
Grandfather arrived from Nebrasska to survey his property, markers were in fort pierce. Many people wouldn't do business
with him because he was catholic. Stayed and learned. Drepression almost lost everything. Wife marie died in the late 30s
early 40s. Partner and expanded the business when to what it was today. In 2005 lost my dad and partner. 2013 natural gas
came to Okeechobee and sold the remainder 20% of the business. With all the discrimination and hatred in the world today
we want to love the community, determination and pioneering spirit, believe they look down on us and say wow
Okeechobee. And believe they would be very proud of us.
Jim Clark, granddaddy came down on 1 of the first trains. Had to cut trees to put wood on to engineer to make the train go.
V. CONSENT AGENDA
A. Approval of Minutes — October 15, 2019 and October 22, 2019
B. Approval of purchase — Twelve 2020 Dodge Charger Police Vehicles (Exhibit 1)
C. Approval of purchase — Equipment for 2020 Dodge Charger Police Vehicles (Exhibit 2)
D. Approval of Addendum to Contract for Legal Services (Exhibit 3)
E. Approval of Amendment No. 1 to Florida Department of Environmental Protection Agreement No. LP47020 to
extend agreement due to necessary design modifications (Exhibit 4)
Council Member Jarriel moved to approve the consent agenda; seconded by Council Member Keefe.
Approve October 15, 2019 and October 22, 2019, minutes;
approve the purchase of twelve 2020 Dodge Charger police vehicles in the amount of $276,168.00 to Okeechobee Dodge
by authorization of the local vendor preference being 3.75 percent more than the lowest bidder;
approved the purchase of equipment for the 2020 Dodge Charger police vehicles in the amount of $39,911.14 to Global
Public Safety as the lowest bidder;
approve the Legal Services Contract Addendum with Attorney John R. Cook;
approve the Florida Department of Environmental Protection Agreement No. LP47020 Amendment No. 1 to extend
agreement due to necessary design modifications]
VOTE:
WATFORD — YEA ABNEY — YEA CLARK— YEA
JARRIEL — YEA KEEFE — YEA MOTION CARRIED.
VI. OPEN PUBLIC HEARING FOR READING BY TITLE AND ADOPTION OF COMPREHENSIVE PLAN FUTURE
LAND USE MAP AMENDMENT Tinle: 6:28 P.M.
A.1.a) Motion to read by title only, proposed Ordinance No. 1197 regarding Comprehensive Plan Small Scale Future Land
Use Map Amendment Application No. 19 -004 -SSA, submitted by Shaun Penrod reclassifying Lots 1 through 6 of
Block 121, OKEECHOBEE, Plat Book 5/Page 5, Okeechobee County public records, from Commercial to Single
Family Residential, located in the 200 block of Northeast 4th Street, 1.033+/- acres (Exhibit 5)
Planning Staff recommends approval, Planning Board recommends denial.
Nov 5, 2019 Regular Council Meeting, City Clerk minutes taken during meeting, Page 2 of 10
Council Member Clark moved to read proposed Ordinance No. 1197 by title only, regarding Comprehensive Plan Small
Scale Future Land Use (FLU) Map Amendment Application No. 19 -004 -SSA, submitted by Shaun Penrod reclassifying Lots
1 through 6 of Block 121, OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County public records, from Commercial (C)
to Single Family Residential (SFR), located in the 200 block of Northeast 4th Street, 1.033+/- acres; seconded by Council
Member Keefe.
b) Vote on motion to read by title only.
VOTE:
WATFORD — YEA ABNEY — YEA CLARK— YEA
JARRIEL — YEA KEEFE — YEA MOTION CARRIED.
C) City Attorney to read proposed Ordinance No. 1197 by title only.
Attorney Cook read proposed Ordinance No. 1197 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 C TO SFR (APPLICATION NO. 19 -004 -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."
2.a) Motion to adopt proposed Ordinance No. 1197.
Council Member Jarriel moved to adopt proposed Ordinance No. 1197; seconded by Council Member no one, MOTION
DIED.
Abney — I must abstained due to business.
Clark — can we have discussion? Watford — need a motion.
Council Member Jarriel moved to adopt proposed Ordinance No. 1197; seconded by Council Member Clark.
b) Public comments and discussion.
MDO From the Planning Staff Report:
Consistency and Compatibility with Comprehensive Plan and Adjacent Uses.
Policy 2.2 of the FLU Element recommends that the City protect the use and value of private property from adverse impacts
of incompatible land uses, activities and hazards.
Objective 12 states that the City shall encourage redevelopment, infill development, compatibility with adjacent uses, and
curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl.
While this property is surrounded by mostly commercial -uses, they are not incompatible with the proposed single-family use.
Infill development of this vacant parcel furthers FLU Objective 12. Additionally, approving the Amendment will increase the
consistency between the FLU and Zoning maps, as the zoning for this property is Single Family Residential -One (RSF-1).
Adequacy of Public Facilities:
Traffic Impacts. Based on the 9th Edition "Trip Generation" published by the Institute of Traffic Engineers (ITE), a single-
family home will generate 1.00 trips in the peak hour. The Applicants proposed use of four single family dwellings at this site
will generate 4:00 P.M. peak hour vehicle trips. This is not a significant increase and is likely less than what would be
generated by commercial development at this site.
Demand for Potable Water and Sewer Treatment. The estimated demand for potable water and waste water treatment for
one single-family home is 296 gallons per day (114 gallons per person per day at an average household size of 2.6).
Demand for potable water and wastewater treatment for the four single-family homes proposed by the Applicant will be
1,186. This is not a significant increase and should have no effect upon the available capacities of Okeechobee Utility
Authority (OUA) potable and wastewater treatment facilities.
Environmental Impacts:
The Applicant has stated there are no wetlands or unique habitat on the site. The subject property is within Flood Zone X,
which represents minimal flood risk. Therefore, we agree that the site has no significant or unique characteristics regarding
environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding.
Based on the foregoing analysis, we find the requested Single Family Residential Future Land Use Designation for the
subject property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and
consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's request to amend
the Comprehensive Plan to designate the subject property as SFR on the City's FLU Map.
Nov 5, 2019 Regular Council Meeting, City Clerk minutes taken during meeting, Page 3 of 10
FLU
Zoning
Existing Use
North
C
CLT
Vacant
East
SFR & C
RSF-1 & CPO
Church of God
South
C
RMF & C
vacant
West
C
CHV
Presbyterian church parking
Based on the foregoing analysis, we find the requested Single Family Residential Future Land Use Designation for the
subject property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and
consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's request to amend
the Comprehensive Plan to designate the subject property as SFR on the City's FLU Map.
Nov 5, 2019 Regular Council Meeting, City Clerk minutes taken during meeting, Page 3 of 10
From the September 19, 2019 Planning Board Minutes: Shaun (Cory) and Desiree Penrod were present and available for
questions from the Board. Member Baughman commented about this possibly being considered "spot zoning" because of
the location being in the commercial corridor. Member Brass expressed concerns with the proposed residential homes
being located in proximity to the existing commercial area. Member McCoy inquired as to whether the property to the west
would be of less value should the FLUM be changed to SF. When the Penrods purchased the property, they were told by
the Real Estate Agent that single family homes could be built. They also own Lots 7 through 12 of Block 121 which are
located to the South of the subject property and are zoned Residential Single Family -One (RSF-1) with a FLU of
Commercial. They would prefer to not get involved with commercial leasing and really wished to build homes affordable for
teachers and nursing staff.
Motion was offered by Member Jonassaint to recommend approval to the City Council for Comprehensive Plan Small Scale
FLU Map Amendment Application No. 19 -004 -SSA, from C to SFR, on 1.033± acres located in the 200 Block of Northeast
4th Street, Lots 1 to 6 of Block 121, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County,
but died for a lack of a second.
Motion and a second offered by Members Baughman and Brass to recommend denial to the City Council for
Comprehensive Plan Small Scale FLU Map Amendment Application No. 19 -004 -SSA, from C to SFR, on 1.033± acres
located in the 200 Block of Northeast 4th Street, Lots 1 to 6 of Block 121, CITY OF OKEECHOBEE, Plat Book 5, Page 5,
Public Records, Okeechobee County. Motion Carried was a vote of 5 to 2.
Corey and Desiree Penrod, 210 NE 31d Avenue, 34972
Purchased the property didn't realized there was a map conflict, trying to use the property for what it was zoned for, Okee
needs housing. Understand the PB decision but this is where we want to use it. Corey land use and zoning is mismatched.
Can we have this coded on the property appraisers office to keep this from happening again.
Clark — history of the state mandate for adopting the land use and zoning and LDR's. Consistency required.
Keefe — share your frustration with the maps. Weve agreed as a council to review these and work toward a resolution.
Applaud you for your intent to provide housing.
Abney - at one time city had a lot of matching then CFRPC to do the plan by contract, council approved it and then state
approved it.
Watford — they look at percentages for each category. What that created was what we have now. We have a lot of those
where the zoning does not match the land use. If I have a home because its existing no problem if nothing is changed.
Commercial business and shows single family you cannot do that, by doing that it created a lot of inconsistencies. Took the
Holding last time. Not like we haven't tried, did the best we could.
CFRPC looked at it from a planning view not what the existing use was. It was a standard thing, one or two blocks to have it
commercial.
Abney — do we know how many properties there are with this problem?
MDO — looking back at addressing these.
Jarriel — definitely need to address these issues.
Clark — think there's too many.
Steve Dobbs 209 NE 2nd St, run into this several times with several people. General public knows what zoning is, none of
them know what future land use is. When they got here is when the problems occur. Understand their wishes I know I'm on
the planning board in Glades county, gone through and administratively explain what to do. I have run into this several times
with several locations, it's an issue.
Keefe — administratively address the zoning to correct them.
Dobbs, yes. Gave example of the Lightseys. Expand caused a problem. People made aware if it's a vacant piece of
property.
Watford — if you're a builder you should know that.
Dobbs — may know that.
MDO — every city in the state of FL.
Council — Abeny staff report it meets the criteria to legally meet the zoning. Staff saying yes and Board recommending no.
MDO —
Clark — real concern hate to loose the commercial within the first 2 blocks of N Parrott Avenue, didn't think it would get this
far with the applicant changing the land use to what the zoning is.
Keefe — educate the realtors, another case of doing this review that needs to be.
C) Vote on motion.
VOTE:
WATFORD — YEA ABNEY — ABSTAINED CLARK— No
JARRIEL — YEA KEEFE — No MOTION DENIED.
B.1.a) Motion to read by title only, proposed Ordinance No. 1198 regarding Rezoning Petition No. 19-004-R submitted by
Rhonda Waldron, to rezone Lots 8210 of Block 4, SOUTHWEST ADDITION, Plat Book 2/Page 7 Okeechobee
County public records, from Residential Single Family -One to Heavy Commercial, located at 1019 West South Park
Street, 0.49 acres (Exhibit 6) Planning Staff and Planning Board recommend approval.
Council Member Clark moved to read proposed Ordinance No. 1198 by title only, regarding Rezoning Petition No.
19-004-R submitted by property owner Ms. Rhonda Waldron, rezoning Lots 8 through 10 of Block 4, SOUTHWEST
Nov 5, 2019 Regular Council Meeting, City Clerk minutes taken during meeting, Page 4 of 10
ADDITION, Plat Book 2,Page 7 Okeechobee County public records, from RSF-1 to Heavy Commercial (CHV),
located at 1019 West South Park Street, 0.49 acres; seconded by Council Member Abney.
b) Vote on motion to read by title only.
VOTE:
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 adopt proposed Ordinance No. 1198.
Council Member Clark moved to adopt proposed Ordinance No. 1198; seconded by Council Member Abney.
b) Public comments and discussion.
Watford — public? None.
Planning Staff report findings:
1. The proposed rezoning is not contrary to Comprehensive Plan requirements.
"No. There are multiple businesses in the same area of the subject property that are currently zoned C."
Staff Comment: This rezoning request is being made in conjunction with a small scale FLU map amendment #19 -002 -SSA,
request to change the FLU Map designation from PUB to C. If that FLU Map amendment is approved, then this rezoning
request will be consistent with the comprehensive plan.
2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development
Regulations."
"Yes for the potential type I am planning. (Office Building)"
Staff Comment: The applicant has expressed interest in developing office, retail and indoor recreation uses at this location,
all of which are permitted uses in the CHV zoning district.
3. The proposed use will not have an adverse effect on the public interest.
"No. This property was already previously used as a public facility accommodating parking, cooking entertainment, etc.
Many of the properties in the same area are C and/or CHV."
Staff Comment: Providing additional office, retail and/or indoor recreation uses at this location should make good use of this
vacant property and serve as a good location for those services in the Okeechobee community.
4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is
not contrary or detrimental to urbanizing land use patterns.
"Yes, because it is in an area of C and/or CHV properties."
Staff Comment: Though this property is located on the edge of a single family neighborhood, properties to the immediate
north and west of the subject property are designated Commercial and are currently occupied by commercial uses. It is also
only one block from State Road 70, which is a main commercial corridor, and fronts on SW Park Street, which is a roadway
that contains primarily commercial uses along most of its length. Rezoning this property to a commercial district is
consistent with the urbanizing character of this area. Additionally, single-family use can be compatible with commercial use
depending on the potential uses allowed on the commercial property. It is important to keep in mind that, in addition to
office, retail and indoor recreation, if this property is rezoned to CHV, the following uses will also be permitted without a
special use exception, some of which could be considered detrimental to the adjacent single family residences (see list in
report).
FLU
Zoning
Existing Use
North C
CHV
farming product and distribution
East SFR
RSF-1
homes
South SFR
RSF-1
homes
West C CHV antique sales
5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement
or development of adjacent property.
"No. I will add the necessary buffers and whatever is necessary to not disrupt the residents way of life, in addition, according
to my belief, property values will go up in the area."
Staff Comment: Due to the existing presence of heavy commercial zoning and uses in the immediate proximity, this
proposed rezoning should not have an adverse affect on property values or living conditions, or be a deterrent to the
improvement or development of adjacent property.
6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or
hazard to the neighborhood.
"Yes 100% consideration will be given to the neighboring properties and all future actions that are necessary and required to
be done will be taken care of, by the applicant owner, to ensure that there is not a nuisance or hazard to the neighboring
properties."
Nov 5, 2019 Regular Council Meeting, City Clerk minutes taken during meeting, Page 5 of 10
Staff Comment: Buffering requirements will be enforced at time of site plan review.
7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets,
and utility services.
"No. The subject property is in a well developed area in the city of Okeechobee."
Staff Comment: The traffic impacts associated with the development of this property will vary widely depending on the
actual use that is developed. A traffic impact statement will be required at time of site plan review, which will provide the
necessary information to determine whether local roadways will be overburdened. In her future land use amendment
submission, the Applicant provided letters from the OUA, the Okeechobee School District and Waste Management, all of
which indicate that services are available and adequate capacity
exists to serve a commercial use at this property.
8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
"No. Appropriate actions and steps will be taken, if necessary, in the future that will include proper drainage, careful
planning of entering and exiting the property and any and all actions deemed necessary and required by local government."
Staff Comment: The Applicant has provided in her future land use amendment submission a letter from the Florida
Department of Environmental Protection indicating that the subject property has: No wetland or aquifer recharge areas; No
soils posing severe limitations to development; No unique habitat; No endangered species of wildlife and/or plants; Is not
within a flood prone area
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
"No, the proposed use has not been inordinately burdened by unnecessary restrictions."
Staff Comment: We agree.
Based on the foregoing analysis, we find the requested rezoning to Heavy Commercial to be consistent with the City's
Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area.
Therefore, we recommend Approval of the Applicant's rezoning request.
Motion and a second offered by Members Baughman and McCoy to recommend approval to the City Council for Rezoning
Petition No. 19-004-R to rezone from RSF1 to CHV for Lots 8 to 10 of Block 4, SOUTHWEST ADDITION, Plat Book 2, Page
7, Public Records, Okeechobee County, 0.488± acres, located at 1019 Southwest Park Street, for the proposed use of a
commercial office space. Member Baughman inquired as to why she was requesting the CHV zoning district. She
responded, more uses are permitted and the surrounding area is CHV. Member Brass voiced concerns with the buffering of
the residential uses to the east of the subject parcel. Previously, there were two structures on the parcel and the one
structure was used as storage so it acted like a buffer. Ms. Waldron commented she was either considering office use or
maybe a commercial indoor recreation use that would not be more intense than the prior use that existed. She further
commented she respects the single family uses to the East and understands the concern with more intense commercial
uses, but CHV Zoning exists all around the area. Member Brass further commented that parking was previously an issue.
Mr. Smith commented parking would be addressed at Site Plan Review. Motion carried 6 to 1.
Clerk to stated: 23 SURROUNDING PROPERTY OWNERS WERE NOTIFIED. TWO SIGNS WERE POSTED ON THE
SITE. THE PROPOSED ORDINANCE WAS PROPERLY ADVERTISED IN THE LOCAL NEWSPAPER.
OBJECTIONS/CORRESPONDENCES RECEIVED?
C) Vote on motion.
VOTE:
WATFORD — YEA ABNEY — YEA CLARK — YEA
JARRIEL — YEA KEEFE — YEA MOTION CARRIED.
C.1.a) Motion to read by title only, proposed Ordinance No. 1199 regarding Rezoning Petition No. 19-005-R submitted by
Reuven Rogatinsky on behalf of Frank Altobello Charitable Remainder Trust III to rezone 19.01+/- unplatted acres
from Holding to Residential Multiple Family, located in the 800 to 900 blocks of Southwest 61h Street (Exhibit 7)
Planning Staff and Planning Board recommend approval.
Council Member Keefe moved to read proposed Ordinance No. 1199 by title only, regarding Rezoning Petition No. 19-005-
R submitted by Mr. Reuven Rogatinsky on behalf of the property owner Frank Altobello Charitable Remainder Trust III to
rezone 19.01+/- unplatted acres from Holding to Residential Multiple Family, located in the 800 to 900 blocks of Southwest
6th Street; seconded by Council Member Jarriel.
b) Vote on motion to read by title only.
VOTE:
WATFORD — YEA ABNEY — YEA CLARK— YEA
JARRIEL — YEA KEEFE — YEA MOTION CARRIED.
C) City Attorney to read proposed Ordinance No. 1199 by title only.
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 RESIDENTIAL
MULTIPLE -FAMILY ZONING DISTRICT (PETITION NO. 19-005-R); AMENDING THE ZONING MAP ACCORDINGLY,
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE."
Nov 5, 2019 Regular Council Meeting, City Clerk minutes taken during meeting, Page 6 of 10
2.a) Motion to adopt proposed Ordinance No. 1199.
Abeny — abstain from voting.
Council Member Jarriel moved to adopt proposed Ordinance No. 1199; seconded by Council Member Clark.
b) Public comments and discussion.
Steve Dobbs 209 NW 2nd Street present.
Watford — site plan? TRC already, revised plans.
Dobbs SFWMD received today just need the water plans is the last thing.
1. The proposed rezoning is not contrary to Comprehensive Plan requirements.
"The proposed request in not contrary to the Comprehensive plan requirements and is currently zoned Holding and the
surrounding properties are zoned single family and multi -family."
Staff Comment: The northern half of this property is designated multifamily residential on the FLUM. The southern half is
currently designated single family residential on the FLUM, though the applicant has submitted a concurrent request for a
FLUM amendment to designate that property multi -family residential as well. If that requested FLUM amendment is
approved, this rezoning request will be consistent with the City's comprehensive plan. Staff has recommended approval of
that request.
2. The proposed use being applied for is specifically authorized under the zoning district in the LDR'S."
"The proposed of apartments on multi -family zoned land is specifically authorized under the proposed zoning district in the
LDRs."
Staff Comment: Yes, multi -family residential is a permitted use in the multi -family residential zoning district.
3. The proposed use will not have an adverse effect on the public interest.
"The proposed land use change should have a positive impact on the public interest to develop land that has access to all
utilities and roads and bring the land value up as developed parcel instead of undeveloped."
Staff Comment: The applicant's proposal to develop this property with an apartment complex will provide housing for the
Okeechobee community. An increase in housing is often associated with an increased support for the commercial sectors of
the local economy. Additionally, a project of this size will significantly add to the City's tax base, providing the City with
increased revenue to fund city initiatives.
4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is
not contrary or detrimental to urbanizing land use patterns.
"The proposed use is appropriate for the location and compatible with the adjacent land uses."
Staff Comment: This site is an ideal location for infill development, surrounded by uses such as churches, childcare facilities
and single family residential development.
FLU Zoning Existing Use
North SFR RSF-1 & 2 homes
East MFR RMF vacant
South SFR RSF-1 & H catholic church, vacant & homes
West SFR RSF-1 church & homes
5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement
or development of adjacent property.
"The proposed use should positively impact property values, living conditions and be an improvement to the adjacent
property and develop previously undeveloped land."
Staff Comment: With appropriate buffering of the adjacent uses, this proposed use should not adversely affect the property
values, living conditions, or be a deterrent to the improvement or development of adjacent property.
6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or
hazard to the neighborhood.
"The proposed use can be suitable buffered from surrounding unlike uses to the east, west and north. The parcel is
bounded to the south by SW 6th Avenue."
Staff Comment: Yes, we agree that buffering should be provided and that buffering should reduce any impacts to the
surrounding neighborhood.
7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets,
and utility services.
"The use will not create density patterns that would overburden any public facilities. The potential development impacts will
be within the already available amenities."
Staff Comment: The applicant has submitted a site plan application for the proposed development of this property which
shows an estimated 1,456 daily vehicle trips are expected to be generated by the proposed multi -family development, with
98 of those trips occurring during the am peak hour and 108 of those trips occurring during the pm peak hour. These trips
should be split up between the proposed north and south ingress/egress points on SW 8th Ave and SW 6th Street. Initial
statements from the applicant's traffic engineer state that both roadways are projected to operate acceptably, though further
analysis will be required during site plan review to examine the impacts of these additional vehicle trips.
In his future land use amendment submission, the Applicant provided letters from the OUA, the Okeechobee School District
and Waste Management, all of which indicate that services are available and adequate capacity exists to serve the
proposed development.
8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
Nov 5, 2019 Regular Council Meeting, City Clerk minutes taken during meeting, Page 7 of 10
"The proposed use will not impact traffic congestion as this is already a heavily traveled street with adequate capacity for
the additional traffic. To the south, there is a swale along SW 6th Avenue that will drain to the east to SW 7th Avenue ditch,
a major collector in the City that discharges directly into the Rim Canal adjacent to Lake Okeechobee. This project will not
adversely affect public safety.
Staff Comment: The applicant has demonstrated that the proposed use should not create traffic congestion, flooding or
drainage problems.
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
"The proposed use has not been inordinately burdened by unnecessary restrictions."
Staff Comment: We agree.
Based on the foregoing analysis, we find the requested rezoning to Residential Multiple Family to be consistent with the
City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the
area. Therefore, we recommend Approval of the Applicant's rezoning request.
Motion and a second offered by Members Baughman and McCoy to recommend approval to the City Council for Rezoning
Petition No. 19-005-R to rezone from Holding to RMF, for 19.01± unplatted acres located in the 800 to 900 blocks of
Southwest 6th Street, for the proposed use of an apartment complex. Motion carried unanimiously.
Clerk stated: 45 SURROUNDING PROPERTY OWNERS WERE NOTIFIED. TWO SIGNS WERE POSTED ON THE SITE.
THE PROPOSED ORDINANCE WAS PROPERLY ADVERTISED IN THE LOCAL NEWSPAPER.
OBJECTIONS/CORRESPONDENCES RECEIVED?
C) Vote on motion.
VOTE:
WATFORD — YEA ABNEY — YEA CLARK— YEA
JARRIEL — YEA KEEFE — YEA MOTION CARRIED.
CLOSE PUBLIC HEARING Time: 7:05 P.M. Mayor Recessed at7:05 P.M Reconvended at 7:10 P.M.
VII. NEW BUSINESS
A. Motion to correct the September 24, 2019 Minutes, pages 9-10 regarding New Business Item "E", Agreement for
Attorney Services (Exhibit 8)
Council Member Clark moved to correct pages 9 and 10 of the September 24, 2019 minutes as distributed; seconded by
Council Member Abney.
A motion was made by Council Member Jarriel to extend Mr. Cook's current October 1, 2005 (Legal Services l Contract to December
31, 2019, at the current rate [$2,616.84 per month for basic services with an additional services rate of $100.00 per hour
for litigation work, and a Per Diem. of $150.00 per half-day work at the City 4alT seconded by Council Member Clark.
VOTE:
WATFORD — YEA ABNEY — YEA CLARK— YEA
JARRIEL — YEA KEEFE — YEA MOTION CARRIED.
B. Discuss adoption of proposed County ordinance enacting the provision of Ch. 787 Florida Statutes — (Exhibit 9)
MDO —
Council Member Clark moved to adopt proposed Resolution No. 2019-15; seconded by Council Member Keefe.
Attorney Cook read proposed Resolution No. 2019-15 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF OKEECHOBEE, FLORIDA; EXPRESSING THE INTENT OF THE CITY TO OPT INTO LEGISLATION
BEING CONSIDERED BY OKEECHOBEE COUNTY, FLORIDA CONCERNING HUMAN TRAFFICKING; SAID
LEGISLATION TO APPROVE THE POSTING OF SIGNAGE TO BOOST PUBLIC AWARENESS OF HUMAN
TRAFFICKING AS REQUIRED BY FLORIDA STATUTES CHAPTER 787; FINDING THAT INCLUDING CERTAIN
DESIGNATED BUSINESS' WITHIN THE CITY TO POST SUCH SIGNAGE IS IN THE PUBLIC INTEREST AND
WELFARE, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE."
Keefe — businesses within the cicty who is responsible for the inspection?
MDO — BTR process and remain in the citys authority.
Abney — certain or all businesses?
Keefe — certain ones list attached.
VOTE:
WATFORD — YEA ABNEY — YEA CLARK— YEA
JARRIEL — YEA KEEFE — YEA MOTION CARRIED.
C. Motion to approve an Agreement for Specialized Legal Services with LEWIS BRISBOIS BISGAARD & SMITH, LLP
(Exhibit 10)
Nov 5, 2019 Regular Council Meeting, City Clerk minutes taken during meeting, Page 8 of 10
Council Member Keefe moved to approve an Agreement for Specialized Legal Services with Lewis, Brisbois, Bisgaard &
Smith, LLP; seconded by Council Member Abney.
MDO — email out, server got in ransom ware, investigation, notified PRM. We did everything right. Able to allieviate with
within 30 minutes. $10,000.00 deductible, plus attorney fees, feel we need, don't feel anything was mined. Ransomware
until its paid. No matter how we worded it, it looked bad. Forensics analysis hired to do this. Ensure the city is safe, prove it
was not us per the new F.S.
Scope of Engagement: LBBS is to represent the City of Okeechobee in connection with an information security incident.
This may involve the facilitation of a forensics investigation, an assessment of your consumer and regulatory notification
obligations and, if necessary, drafting of notification letters to affected consumers and appropriate regulators, facilitation of
remediation services like credit monitoring or identity monitoring for affected consumers, and interfacing with regulators.
Legal Fees: hourly rate of $350 for partners, $250 for associates, and $175 for paralegals.
MDO — by the city doing this I can say it wasn't from them getting the information from the city. Certain they didn't get into
the payroll. Data files are the problem with looking into those. If they got into those files will go to the next step.
Clark — city server feeds?
MDO — city but ....
Clark — not to pay the ransom and lost years of investigations and files.
MDO — only lost data from a day and a half worth of files.
Develop a policy with PRM with what to do, we don't believe we suffered lost but have to follow the FS to the fullest.
Jarriel — don't hire attorneys whats the worse case?
MDO — don't know we would be open to exposure.
Cook — too late
Abney - correct take the $10,000 to find out. MDO — correct.
Preventative?
No guarantee. Changed protocol on the server. Will not come in through that way again. Fortunate after instituting a firewall.
Cant applaud staff well enough.
Jarriel — normal exclusion?
MDO — yes and based on population. Cyber liability will cover.
Clark — Ive been hit twice. New protocols and start over.
MDO — erroring on the side of caution.
Clark — exposure is too great as a city.
VOTE:
WATFORD — YEA ABNEY — YEA CLARK — YEA
J'ARRIEL — YEA KEEFE — YEA MOTION CARRIED.
D. Discuss future Town Hall meetings, agendas, and advertisements.
Keefe — lot of questions posed, lot of people didn't know, agendas, minutes and audio file from April after town hall meeting.
Have 2nd meeting, having it being more informal, more along the lines of coffee with the council. Timid to come up to the
microphone, less formal setting. Also like to urge us to consider engaging our citizens, feel it's a let down when you come
out to express concerns and leaving without any comment from those they elected. Attended the school board town hall
meeting, not a large turn out. They had a response from the school board members, took notes, superintendent. Wasn't one
way. If I'm a citizen why would I come out and say something, could just email or send a letter. Feel this is our duty, elected
to do this, time limits in place, had the FS wording about outburst, etc to mitigate problems.
Advertisements — direct mail to every mail box, easier to do. Jarriel handing out flyers helped with the first time. Better job of
advertising.
MDO — advertised, radio, FB, out digital signs. Mail outs is pretty substantial.
DW — to MDO look into a mailing.
Jarriel — turn out at first was better. Limit to 3 minutes with some feed back would be good. I saw it in the paper every week,
mailing gets thrown aside. Word of mouth is best.
Watford — be careful responding, make sure we have the information. Responded to all who requested information.
Keep a record, cant just go to the local coffee shop. But if you want to host a coffee you can.
We have public comments at every meeting, have the opportunity. Probably said what you wanted to say at the first one.
If council wants to have a different format we can decide that.
Every event I'm involved with people say "if I'd known about that I would have gone to that."
Clark — new information brought about from the last meeting, want to be able to ask questions to clarify what they are
looking for.
Abney — if there is something factually give back or ask for clarification. A little interaction would be better.
E. Council Jarriel Schedule at joint workshop. Seconded by Council Abney.
VOTE:
WATFORD — YEA ABNEY — YEA CLARK— YEA
JARRIEL — YEA KEEFE — YEA MOTION CARRIED.
Nov 5, 2019 Regular Council Meeting, City Clerk minutes taken during meeting, Page 9 of 10
VIII. COUNCIL COMMENTS
Abney — planning issues, get updates on that as they progress.
Jarriel — enjoyed both townhall meetings, seeing police out more, Jennifer met a new officer the week before, council
member has met every officer so you are consistent.
Keefe — nice bold sign on diasys with the microphone. Listening to audio files, so hard to hear unless you spek directly in
the mic. Just like to back her up we really need to do a better job speak in the microphone.
Clark - thank you for the proclamation, only concern is the numbers how many mornings, Holroyd running red light at main
intersection, so tired of being the 5th car, waiting thru the lights, running because they are having to wait so long. We need to
address it with DOT again. 70 is fine its 441 North and South.
MDO will coordinate with DOT.
Abney and look at 8th Avenue.
Watford S 21St Street light in Walmart, happered several times.
Clark — every time he sits at walgreens he has his choose of up to 5 cars pulling them.
Hagan — south bound is the worst.
Clark — people are running the light, backs the traffic up.
Watford — honor of Gary Ritter, governor appointed Ben Butler to the SFWMD board for heartland reps, glad
IX. ADJOURN MEETING
There being no further items on the agenda, Mayor Watford adjourned the meeting at 7:53 P.M.
Nov 5, 2019 Regular Council Meeting, City Clerk minutes taken during meeting, Page 10 of 10
City of Okeechobee, November 5, 2019 Meeting Minutes taken during the meeting by Bobbie Jenkins
CALL TO ORDER
Mayor Watford called the Regular City Council Meeting to order on November 5, 2019, at 6:00 P.M. in the Council
Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974.
The invocation was offered by Pastor Don Hanna of the First United Methodist Church.
The Pledge of Allegiance was led by Mayor Watford.
ATTENDANCE
Mayor Dowling R. Watford, Jr.
Present
Council Member Wes Abney
Present
Council Member Monica 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
III. AGENDA AND PUBLIC COMMENTS - Mayor
A. Requests for the addition, deferral or withdrawal of agenda items.
Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda.
New Business Item VILE. motion to schedule a joint workshop on 11/12 with BOCC regarding Fire Protection Services
(exhibit 11).
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 asked whether there were any comment cards presented for public comment. There were none.
IV. PRESENTATIONS AND PROCLAMATIONS
A. Five-year service award to Melissa Henry, Finance Department
On behalf of the City, Mayor Watford and Finance Director Riedel presented Mrs. Melissa Henry with a Longevity Service
Award and a framed certificate which read, "In recognition of your 5 -years of service, hard work, and dedication to the
City, its citizens, and your fellow employees from November 3, 2014 to November 3, 2019."
Accompanied by: Her husband Bruce and Daughter Madison.
IR -I did write down a few notes. Mayor & CC, MDO first of all let me tell you 5 years ago when I hired her what a jewel of a
person, integrity, and passion. Accuracy to detail, initiative, every single day. Thank the good lord. Melissa has over her 5
years has grew to the account supervisor position, accurately reviewing expenditures and revenues. Taken the horn for the
employees' benefits. She ensures that all employees know what's available. Make sure the departments know what is needed
to process things timely. 2016 appointed to the Pension board, started going to the conferences and has recently completed
intermediate certification, continue in January for next step.
MH -I just wanted to thank India for her guidance and leadership over the past 5 years and Kim Barnes for her support. Choose
a job you love and you'll never work a day in your life. I'm happy to say I love my job.
MDO-thank Melissa too. Melissa stepped up to the plate every single time when IR wasn't available.
B. Twenty-year service award to Sue Christopher, Fire Department
Page 1 of 15
On behalf of the City, Mayor Watford and Fire Chief Smith presented Ms. Sue Christopher with a Longevity Service Award in
the amount of $250.00 and a framed certificate which read, "In recognition of your 20 -years of service, hard work, and
dedication to the City, its citizens, and your fellow employees from October 18, 1999 to October 18, 2019."
Accompanied by:
Herb -Admin Secretary and has been thru 2 chiefs, Chief Tomey and myself. The rest is he is routine and you can judge him
by the minute, she had him down. She doesn't know what door I'm coming in, spontaneous as they come. She's had to get
used to me. She's been a pretty good sport about it because one day I was in the lunch room area and the guy comes in the
door and a salesman comes in, gets aggressive, and starts talking to her, doesn't know I'm there. Says something about
being my fishing buddy. I keep listening, she keeps asking questions, another 5 minutes goes on, and he's just putting his
foot in his mouth and I introduced myself to him. Thank you and I appreciate everything you do.
Sue -I would just like to say how grateful I am for the opportunity to work for the city. "Get her notes" I just especially want to
thank my bosses for seeing potential in me at times when I doubted my own abilities. I just want to express what a great
feeling it is for me to spend 20 years of my life and to look back and realize that I am a much better and stronger person
because of that.
C. Life -Saving Award to City Fire Lt. Glenn Hodges, Firefighter Les McGee, and Firefighter David Cortez
Certificate of Recognition is awarded this certificate in recognition of Exceptional Service in Saving a life. Rescue
Commendation Medals were also given.
Recently these gentlemen went to a call, although they look at it as every day, but at times we need to give a little special
attention to these people. Choking patient going unconscious and turning colors. This is a team effort between these 3 and
the County EMS and it shows you the dedication of this Department and the County FD. You put territory behind when it
comes to someone's life. They started the procedures and got a little bit out. Fire Rescue removed the remainder of it.
Sometimes it's hard because nothing is really tangible as we don't know what happens after to know that you made a
difference. I want to thank you for representing the City and our Department well and I couldn't be prouder of you.
Dowling -got a call from O'Connor and wanted to be sure that his gratitude is relayed to you and it was a great collaboration
between the County and City. LT Hodges really impressed with the protocols you used. Grateful he was that we had a
department so close and respond so quickly.
D. Glades Gas 90th Anniversary
A proclamation was read by Mayor Watford into the record: "WHEREAS, Glades Gas Company is one of the oldest family
businesses in Okeechobee celebrating its 90th birthday on November 5, 2019; and WHEREAS, Daniel B McCarthy,
born in Spalding Nebraska, came to Okeechobee by train in 1915 and opened his first store in 1916 on Park Street;
and WHEREAS, after World War 1, Daniel (fondly known as Big Mac) fulfilled a need in Okeechobee for propane
powered refrigeration and started the propane company Glades Gas Company in 1929; and WHEREAS, in 1946 Big
Mac, with his son Daniel M., expanded his business by opening Glades Gas Company in its current location at 804
North ParrottAvenue, and an office in Clewiston and Belle Glade; and WHEREAS, in 1957 Daniel M. signed a contract
with General Electric to sell gas and electric appliances and in 1965 became a Carrier Air Conditioning contractor;
and WHEREAS, after Daniel B.'s passing in 1963, John Douglas Cassels managed and expanded Glades Gas in
Okeechobee until his retirement in 1987; and WHEREAS, in the 1980's three of Daniel M.'s children, Monica, Dennis
and Kevin, purchased and managed the three Glades Gas Company offices; and WHEREAS, with the expansion of
natural gas the propane locations in Clewiston and Okeechobee were sold to Florida Public Utilities in 2013 and
started doing business as Glades Air Conditioning; and WHEREAS, the service provided by Glades Gas Company
over the past 90 years will continue to have a positive impact on our communities and its citizens. NOW THEREFORE,
1, Dowling R. Watford, Jr., Mayor of the City of Okeechobee, and on behalf of the City Council of Okeechobee and the
citizens of Okeechobee, honor Glades Gas Company on their 90th birthday."
Accepted by Monica and Jim Clark
Mayor requested all Council help present Proclamation.
Page 2 of 15
Monica -Thank you for this proclamation. I'm so proud to be a part of this family and the community. It was not easy for my
grandfather from Nebraska, 1 of 15 children, didn't know anyone, slept in a tent, survey his land and the markers were all in
Ft. Pierce. Things got better but many citizens would not do business with him because he was catholic. He learned to
persevere. He offered items not for sale locally and learned Creek to trade with the Indians. After WWI he left the business to
his brother. With the little money he had left, he started transporting propane. The 1930s were prosperous but his wife died
at the age of 48. The early 40s were a sad time in the household. After WWII my dad came back from the war and started
working. "Get her info she read into the record"
There were not established refueling depots, as a paying passenger he had to cut down trees for fuel in the train. My
dad was the last of the male McCarthy's. #76 was born into our family last week.
V. CONSENT AGENDA
A. Approval of Minutes — October 15, 2019 and October 22, 2019
B. Approval of purchase — Twelve 2020 Dodge Charger Police Vehicles (Exhibit 1)
C. Approval of purchase — Equipment for 2020 Dodge Charger Police Vehicles (Exhibit 2)
D. Approval of Addendum to Contract for Legal Services (Exhibit 3)
E. Approval of Amendment No. 1 to Florida Department of Environmental Protection Agreement No. LP47020 to extend
agreement due to necessary design modifications (Exhibit 4)
Council Member _BJ_ moved to approve the consent agenda [Approval of the meeting minutes of October 15, 2019 and
October 22, 2019; approval of the purchase of twelve 2020 Dodge Charger Police Vehicles in the amount of $276,168.00 to Okeechobee
Dodge by authorization of local vendor preference being 3.75 percent more than the lowest bidder; approval of the purchase of equipment
for the 2020 Dodge Charger Police Vehicles in the amount of $39.911.14 to Global Public Safety as the lowest bidder; approval of an
Addendum to Contract for Legal Services with Attorney John R. Cook; approval of Amendment No. 1 to the Florida Department of
Environmental Protection Agreement No. LP47020 to extend agreement due to necessary design modifications]; seconded by
Council Member BK
VOTE:
WATFORD — YEA ABNEY — YEA CLARK— YEA
JARRIEL — YEA KEEFE — YEA MOTION CARRIED.
VI. OPEN PUBLIC HEARING FOR READING BY TITLE AND ADOPTION OF COMPREHENSIVE PLAN FUTURE
LAND USE MAP AMENDMENT Time: 6:28
A.1.a) Motion to read by title only, proposed Ordinance No. 1197 regarding Comprehensive Plan Small Scale Future Land
Use Map Amendment Application No. 19 -004 -SSA, submitted by Shaun Penrod reclassifying Lots 1 through 6 of
Block 121, OKEECHOBEE, Plat Book 5/Page 5, Okeechobee County public records, from Commercial to Single
Family Residential, located in the 200 block of Northeast 4th Street, 1.033+/- acres (Exhibit 5) Planning Staff
recommends approval, Planning Board recommends denial.
Council Member _MC_ moved to read proposed Ordinance No. 1197 by title only, regarding Comprehensive Plan Small
Scale Future Land Use (FLU) Map Amendment Application No. 19 -004 -SSA, submitted by Shaun Penrod reclassifying Lots
1 through 6 of Block 121, OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County public records, from Commercial (C) to
Single Family Residential (SFR), located in the 200 block of Northeast 4th Street,1.033+/- acres; seconded by Council Member
BK
b) Vote on motion to read by title only.
VOTE:
WATFORD — YEA ABNEY — YEA CLARK— YEA
JARRIEL — YEA KEEFE — YEA MOTION CARRIED.
C) City Attorney to read proposed Ordinance No. 1197 by title only.
Attorney Cook read proposed Ordinance No. 1197 by title only as follows: "AN ORDINANCE OF THE CITY OF
Page 3 of 15
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 COMMERCIAL TO SINGLE FAMILY RESIDENTIAL (APPLICATION NO. 19 -004 -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. "
2.a) Motion to adopt proposed Ordinance No. 1197.
Council Member _BJ moved to adopt ;proposed Ordinance No. 1197; seconded by Council Member _MC for
discussion.
Mayor called for a second twice; hearing no second the motion dies. So therefore this will not be approved.
♦ Council Member Abney disclosed for the record that he has a conflict of interest
b) Public comments and discussion.
From the Planning Staff Report:
Consistency and Compatibility with Comprehensive Plan and Adjacent Uses.
Policy 2.2 of the FLU Element recommends that the City protect the use and value of private property from adverse impacts
of incompatible land uses, activities and hazards.
Objective 12 states that the City shall encourage redevelopment, infill development, compatibility with adjacent uses, and
curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl.
While this property is surrounded by mostly commercial -uses, they are not incompatible with the proposed single-family use.
Infill development of this vacant parcel furthers FLU Objective 12. Additionally, approving the Amendment will increase the
consistency between the FLU and Zoning maps, as the zoning for this property is Single Family Residential -One (RSF-1).
Adequacy of Public Facilities:
Traffic Impacts. Based on the 9th Edition "Trip Generation" published by the Institute of Traffic Engineers (ITE), a single-family
home will generate 1.00 trips in the peak hour. The Applicants proposed use of four single family dwellings at this site will
generate 4:00 P.M. peak hour vehicle trips. This is not a significant increase and is likely less than what would be generated
by commercial development at this site.
Demand for Potable Water and Sewer Treatment. The estimated demand for potable water and waste water treatment for
one single-family home is 296 gallons per day (114 gallons per person per day at an average household size of 2.6). Demand
for potable water and wastewater treatment for the four single-family homes proposed by the Applicant will be 1,186. This is
not a significant increase and should have no effect upon the available capacities of Okeechobee Utility Authority (OUA)
potable and wastewater treatment facilities.
Environmental Impacts:
The Applicant has stated there are no wetlands or unique habitat on the site. The subject property is within Flood Zone X,
which represents minimal flood risk. Therefore, we agree that the site has no significant or unique characteristics regarding
environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding.
Based on the foregoing analysis, we find the requested Single Family Residential Future Land Use Designation for the subject
property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with
the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's request to amend the
Comprehensive Plan to designate the subject property as SFR on the City's FLU Map.
Page 4 of 15
FLU
Zoning
Existing Use
North
C
CLT
Vacant
East
SFR & C
RSF-1 & CPO
Church of God
South
C
RMF & C
vacant
West
C
CHV
Presbyterian church parking
Based on the foregoing analysis, we find the requested Single Family Residential Future Land Use Designation for the subject
property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with
the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's request to amend the
Comprehensive Plan to designate the subject property as SFR on the City's FLU Map.
Page 4 of 15
From the September 19, 2019 Planning Board Minutes: Shaun (Cory) and Desiree Penrod were present and available for
questions from the Board. Member Baughman commented about this possibly being considered "spot zoning" because of
the location being in the commercial corridor. Member Brass expressed concerns with the proposed residential homes
being located in proximity to the existing commercial area. Member McCoy inquired as to whether the property to the west
would be of less value should the FLUM be changed to SF. When the Penrods purchased the property, they were told by
the Real Estate Agent that single family homes could be built. They also own Lots 7 through 12 of Block 121 which are
located to the South of the subject property and are zoned Residential Single Family -One (RSF-1) with a FLU of
Commercial. They would prefer to not get involved with commercial leasing and really wished to build homes affordable for
teachers and nursing staff.
Motion was offered by Member Jonassaint to recommend approval to the City Council for Comprehensive Plan Small Scale
FLU Map Amendment Application No. 19 -004. -SSA, from C to SFR, on 1.033± acres located in the 200 Block of Northeast 4th
Street, Lots 1 to 6 of Block 121, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County, but
died for a lack of a second.
Motion and a second offered by Members Baughman and Brass to recommend denial to the City Council for
Comprehensive Plan Small Scale FLU Map Amendment Application No. 19 -004 -SSA, from C to SFR, on 1.033± acres located
in the 200 Block of Northeast 4th Street, Lots 1 to 6 of Block 121, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public
Records, Okeechobee County. Motion Carried was a vote of 5 to 2.
MDO-did go thru the Planning Board and feels this should be more of a MF use from the 2nd Block back. I assumed Ben was
going to be here. I wouldn't be surprised if it comes back before the PB for MF use.
Desiree & Shaun Corey Penrod, 210 NE 3« Avenue, Okeechobee, FL. Basically when we purchased the property it was
zoned SF, we didn't realize that there was mismatch FLU, we are just trying to use it for what it is zoned for. The PB told us
they switched all of the properties within 2 blocks of the main intersection. We asked why they didn't change the zoning. This
was my biggest complaint. Our thought process is that Okeechobee needs housing. There are plenty commercial buildings
and vacant commercial property. Multiple people have requested more SF homes.
Shaun -think the FLU and zoning being mismatched so this hiccup.
MC -do you understand why we have different maps. The State of Florida required us to have a certain number of FLU
properties. The problem was there was no consistency. The existing zoning was SF and it does not match the FLU so anybody
that buys those properties would have Commercial FLU.
Desiree -the other half of the property is zoned correctly.
MC -perfect example is over by the courthouse. They can't be SF homes
BK -I certainly share in your frustrations with the inconsistencies with the maps. You're not the only citizen to go thru this. We
have agreed as a council earlier this year to review the Comp Plan, FLU and zoning maps, and charter. I certainly applaud
you for your intent and endeavor to provide SF housing and trying to help those who need homes.
WA -quick history lesson. My understanding the city did have a lot of these lands matching and that the CFRPC made the
changes and sent it to the state.
DW -we had to do a new Comp plan contracted thru CFRPC. Just like everything else, we had public hearings, council
approved, then went to state. They generally look at the percentages of properties and if one of them were out of whack then
they would send it back and we'd have to amend it. CFRPC did the best they could but it did create the problem. We have a
lot of properties whose zoning does not match the FLU. If I have an existing home, it doesn't change anything. But new homes
create a problem or could be a commercial business right now but FLU shows SF but you can't put a new business there and
you'd have to amend the FLU. We did change the zoning ordinance when removing Holding, we gave people the opportunity
to come in if they had property that did not match, we did it for five years, twice a year, and waived the fee. So past owner did
not take advantage. We tried to do the best we could to make that right. So that's kind of the history of how we got hear. But
you're right the CFRPC did the amendment and created many inconsistencies in the City. They are looking at it as a planning
aspect tool. What does the future hold, what's the best use of this property? Already one or two blocks off of main corridors
will eventually turn into commercial businesses. That's how we got here.
Page 5 of 15
WA -so after it was presented by the CFRPC, did the City pass it?
DW -must have because its been adopted.
WA_how many properties are like this.
MDO-planning board will be having a workshop on this.
DW -if the FLU map is commercial and zoned SF, we'd give the opportunity to make it consistent.
MDO-we know there are a lot of areas throughout the City, and we are going to address them.
BJ -churches on MF area. We have to address these issues
DW -we have to do an EAR every 10 years?
MC -MF can't be in commercial zoning
MDO-rather seen both be changed to MF. PB recommends changes
Steve Dobbs, 209 NE 2nd Street -I have run into this several times with several people. I think the general public understands
what a zoning is and none of them understand what a FLU is. These people purchased the property with the correct zoning
but did not know about the FLU. I happened to be at the Planning Board meeting and I understand their wishes. Glades
County has administratively gone thru and told people what to change. I think the City can do that. It's an issue and I wanted
to give you more public comment than just the property owner.
BK -the comment is to administratively changed the zoning so the applicant can apply.
Steve-Lightseys zoned SF wanted to go Commercial, city granted because they were grandfathered in. I would make land
owners aware. General public has no clue about FLU. Builders may know that.
MDO-it's not something that is just the City. This is every City in the state of Florida.
WA -staff report appears to me it meets the criteria to legally be SF, the Planning Board is recommending denial. Staff says
yes, Board says no.
MDO-this is just for the north. The South half of the block is zoned SF.
MC -1 have a real concern I know we have a lot of empty commercial buildings, but I just hate to lose the first two blocks for
expansion of commercial property. I agree, I was hoping it would never get this far with the landowner wanting to build knowing
that we don't normally changed the FLU for the zoning.
BK -I don't know what the best way is to inform or educate realtors. Purchasers to perform their due diligence. This is another
case why I am adamant on doing the reviews and we need to make that a priority.
CC -There will be a PB Workshop on this matter in November. With the Planner not being here. The planning board did not
establish, in the motion from the PB, they did not establish a specific reason for why they are denying this. Don't they have to
give a reason if the Council denies this.
MDO-the PB discussion noted because of the proposed two blocks from the main corridor is why they are recommending
denial.
C) Vote on motion.
VOTE:
WATFORD — YEA ABNEY — ABSTAINED ♦ CLARK— No
JARRIEL — YEA KEEFE — NO MOTION FAILED.
B.1.a) Motion to read by title only, proposed Ordinance No. 1198 regarding Rezoning Petition No. 19-004-R submitted by
Rhonda Waldron, to rezone Lots 8-10 of Block 4, SOUTHWEST ADDITION, Plat Book 2/Page 7 Okeechobee County
public records, from Residential Single Family -One to Heavy Commercial, located at 1019 West South Park Street,
0.49 acres (Exhibit 6) Planning Staff and Planning Board recommend approval.
Council Member _MC_ moved to read proposed Ordinance No. 1198 by title only, regarding Rezoning Petition No.
19-004-R submitted by property owner Ms. Rhonda Waldron, rezoning Lots 8 through 10 of Block 4, SOUTHWEST
ADDITION, Plat Book 2,Page 7 Okeechobee County public records, from RSF-1 to Heavy Commercial (CHV), located
at 1019 West South Park Street, 0.49 acres; seconded by Council Member _WA_.
b) Vote on motion to read by title only.
VOTE:
Page 6 of 15
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 RESIDENTIAL SINGLE FAMILY
ONE TO HEAVY COMMERCIAL 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 adopt proposed Ordinance No. 1198.
Council Member _MC_ moved to adopt proposed Ordinance No. 1198; seconded by Council Member _WA
b) Public comments and discussion.
No public comment; Ms. Waldron was present.
MDO-we did have some concerns at the last meeting. I provided the surrounding property owners with the information.
Mayor -this was the former Nazarene Church and senior services.
1. The proposed rezoning is not contrary to Comprehensive Plan requirements.
"No. There are multiple businesses in the same area of the subject property that are currently zoned C."
Staff Comment: This rezoning request is being made in conjunction with a small scale FLU map amendment #19 -002 -SSA,
request to change the FLU Map designation from PUB to C. If that FLU Map amendment is approved, then this rezoning
request will be consistent with the comprehensive plan.
2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development
Regulations."
"Yes for the potential type I am planning. (Office Building)"
Staff Comment: The applicant has expressed interest in developing office, retail and indoor recreation uses at this location,
all of which are permitted uses in the CHV zoning district.
3. The proposed use will not have an adverse effect on the public interest.
"No. This property was already previously used as a public facility accommodating parking, cooking entertainment, etc. Many
of the properties in the same area are C and/or CHV."
Staff Comment: Providing additional office, retail and/or indoor recreation uses at this location should make good use of this
vacant property and serve as a good location for those services in the Okeechobee community.
4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is
not contrary or detrimental to urbanizing land use patterns.
"Yes, because it is in an area of C and/or CHV properties."
Staff Comment: Though this property is loca':ed on the edge of a single family neighborhood, properties to the immediate
north and west of the subject property are designated Commercial and are currently occupied by commercial uses. It is also
only one block from State Road 70, which is a main commercial corridor, and fronts on SW Park Street, which is a roadway
that contains primarily commercial uses along most of its length. Rezoning this property to a commercial district is consistent
with the urbanizing character of this area. Additionally, single-family use can be compatible with commercial use depending
on the potential uses allowed on the commercial property. It is important to keep in mind that, in addition to office, retail and
indoor recreation, if this property is rezoned to CHV, the following uses will also be permitted without a special use exception,
some of which could be considered detrimental to the adjacent single family residences (see list in report).
FLU Zoning Existing Use
Page 7 of 15
North
C
CHV
East
SFR
RSF-1
South
SFR
RSF-1
West
C
CHV
farming product and distribution
homes
homes
antique sales
5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement
or development of adjacent property.
"No. I will add the necessary buffers and whatever is necessary to not disrupt the residents way of life, in addition, according
to my belief, property values will go up in the area."
Staff Comment: Due to the existing presence of heavy commercial zoning and uses in the immediate proximity, this proposed
rezoning should not have an adverse effect on property values or living conditions, or be a deterrent to the improvement or
development of adjacent property.
6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or
hazard to the neighborhood.
"Yes 100% consideration will be given to the neighboring properties and all future actions that are necessary and required to
be done will be taken care of, by the applicant owner, to ensure that there is not a nuisance or hazard to the neighboring
properties."
Staff Comment: Buffering requirements will be enforced at time of site plan review.
7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets,
and utility services.
"No. The subject property is in a well-developed area in the city of Okeechobee."
Staff Comment: The traffic impacts associated with the development of this property will vary widely depending on the actual
use that is developed. A traffic impact statement will be required at time of site plan review, which will provide the necessary
information to determine whether local roadways will be overburdened. In her future land use amendment submission, the
Applicant provided letters from the OUA, the Okeechobee School District and Waste Management, all of which indicate that
services are available and adequate capacity
exists to serve a commercial use at this property.
8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
"No. Appropriate actions and steps will be taken, if necessary, in the future that will include proper drainage, careful planning
of entering and exiting the property and any and all actions deemed necessary and required by local government."
Staff Comment: The Applicant has provided in her future land use amendment submission a letter from the Florida Department
of Environmental Protection indicating that the subject property has: No wetland or aquifer recharge areas; No soils posing
severe limitations to development; No unique habitat; No endangered species of wildlife and/or plants; Is not within a flood
prone area
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
"No, the proposed use has not been inordinately burdened by unnecessary restrictions."
Staff Comment: We agree.
Based on the foregoing analysis, we find the requested rezoning to Heavy Commercial to be consistent with the City's
Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area.
Therefore, we recommend Approval of the Applicant's rezoning request.
Motion and a second offered by Members Baughman and McCoy to recommend approval to the City Council for Rezoning
Petition No. 19-004-R to rezone from RSF1 to CHV for Lots 8 to 10 of Block 4, SOUTHWEST ADDITION, Plat Book 2, Page
7, Public Records, Okeechobee County, 0.488± acres, located at 1019 Southwest Park Street, for the proposed use of a
commercial office space.
Page 8 of 15
Member Baughman inquired as to why she was requesting the CHV zoning district. She responded, more uses are permitted,
and the surrounding area is CHV. Member Brass voiced concerns with the buffering of the residential uses to the east of the
subject parcel. Previously, there were two structures on the parcel and the one structure was used as storage so it acted like
a buffer. Ms. Waldron commented she was either considering office use or maybe a commercial indoor recreation use that
would not be more intense than the prior use that existed. She further commented she respects the single family uses to the
East and understands the concern with more intense commercial uses, but CHV Zoning exists all around the area. Member
Brass further commented that parking was previously an issue. Mr. Smith commented parking would be addressed at Site
Plan Review.
Motion carried 6 to 1.
23 SURROUNDING PROPERTY OWNERS WERE NOTIFIED.
TWO SIGNS WERE POSTED ON THE SITE.
THE PROPOSED ORDINANCE WAS PROPERLY ADVERTISED IN THE LOCAL NEWSPAPER.
OBJECTIONS/CORRESPONDENCES RECEIVED?
C) Vote on motion.
VOTE:
WATFORD — YEA ABNEY — YEA CLARK—YEA
JARRIEL — YEA KEEFE — YEA MOTION CARRIED.
C.1.a) Motion to read by title only, proposed Ordinance No. 1199 regarding Rezoning Petition No. 19-005-R submitted by
Reuven Rogatinsky on behalf of Frank Altobello Charitable Remainder Trust III to rezone 19.01+/- unplatted acres
from Holding to Residential Multiple Family, located in the 800 to 900 blocks of Southwest 6th Street (Exhibit 7)
Planning Staff and Planning Board recommend approval.
Council Member _BK_ moved to read proposed Ordinance No. 1199 by title only, regarding Rezoning Petition No. 19-005-
R submitted by Mr. Reuven Rogatinsky on behalf of the property owner Frank Altobello Charitable Remainder Trust III to
rezone 19.01+/- unplatted acres from Holding to Residential Multiple Family, located in the 800 to 900 blocks of Southwest
6th Street; seconded by Council Member _B,1_.
b) Vote on motion to read by title only.
VOTE:
WATFORD — YEA ABNEY — YEA CLARK— YEA
JARRIEL — YEA KEEFE — YEA MOTION CARRIED.
C) City Attorney to read proposed Ordinance No. 1199 by title only.
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 RESIDENTIAL
MULTIPLE -FAMILY ZONING DISTRICT (PETITION NO. 19-005-R); AMENDING THE ZONING MAP ACCORDINGLY;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. "
2.a) Motion to adopt proposed Ordinance No. 1199.
Council Member _BJ._ moved to adopt proposed Ordinance No. 1199; seconded by Council Member _MC_.
b) Public comments and discussion.
The proposed rezoning is not contrary to Comprehensive Plan requirements.
Page 9of15
"The proposed request in not contrary to the Comprehensive plan requirements and is currently zoned Holding and the
surrounding properties are zoned single family and multi -family."
Staff Comment: The northern half of this property is designated multifamily residential on the FLUM. The southern half is
currently designated single family residential on the FLUM, though the applicant has submitted a concurrent request for a
FLUM amendment to designate that property multi -family residential as well. If that requested FLUM amendment is approved,
this rezoning request will be consistent with the City's comprehensive plan. Staff has recommended approval of that request.
2. The proposed use being applied for is specifically authorized under the zoning district in the MR'S."
"The proposed of apartments on multi -family zoned land is specifically authorized under the proposed zoning district in the
LDRs."
Staff Comment: Yes, multi -family residential is a permitted use in the multi -family residential zoning district.
3. The proposed use will not have an adverse effect on the public interest.
"The proposed land use change should have a positive impact on the public interest to develop land that has access to all
utilities and roads and bring the land value up as developed parcel instead of undeveloped."
Staff Comment: The applicant's proposal to develop this property with an apartment complex will provide housing for the
Okeechobee community. An increase in housing is often associated with an increased support for the commercial sectors of
the local economy. Additionally, a project of this size will significantly add to the City's tax base, providing the City with
increased revenue to fund city initiatives.
4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is
not contrary or detrimental to urbanizing land use patterns.
"The proposed use is appropriate for the location and compatible with the adjacent land uses."
Staff Comment: This site is an ideal location for infill development, surrounded by uses such as churches, childcare facilities
and single family residential development.
5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement
or development of adjacent property.
"The proposed use should positively impact property values, living conditions and be an improvement to the adjacent property
and develop previously undeveloped land."
Staff Comment: With appropriate buffering of the adjacent uses, this proposed use should not adversely affect the property
values, living conditions, or be a deterrent to the improvement or development of adjacent property.
6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or
hazard to the neighborhood.
"The proposed use can be suitable buffered from surrounding unlike uses to the east, west and north. The parcel is bounded
to the south by SW 6th Avenue."
Staff Comment: Yes, we agree that buffering should be provided and that buffering should reduce any impacts to the
surrounding neighborhood.
7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets,
and utility services.
"The use will not create density patterns that would overburden any public facilities. The potential development impacts will
be within the already available amenities."
Page 10 of 15
FLU
Zoning
Existing Use
North
SFR
RSF-1 & 2
homes
East
MFR
RMF
vacant
South
SFR
RSF-1 & H
catholic church, vacant & homes
West
SFR
RSF-1
church & homes
5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement
or development of adjacent property.
"The proposed use should positively impact property values, living conditions and be an improvement to the adjacent property
and develop previously undeveloped land."
Staff Comment: With appropriate buffering of the adjacent uses, this proposed use should not adversely affect the property
values, living conditions, or be a deterrent to the improvement or development of adjacent property.
6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or
hazard to the neighborhood.
"The proposed use can be suitable buffered from surrounding unlike uses to the east, west and north. The parcel is bounded
to the south by SW 6th Avenue."
Staff Comment: Yes, we agree that buffering should be provided and that buffering should reduce any impacts to the
surrounding neighborhood.
7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets,
and utility services.
"The use will not create density patterns that would overburden any public facilities. The potential development impacts will
be within the already available amenities."
Page 10 of 15
Staff Comment: The applicant has submitted a site plan application for the proposed development of this property which
shows an estimated 1,456 daily vehicle trips are expected to be generated by the proposed multi -family development, with
98 of those trips occurring during the am peak hour and 108 of those trips occurring during the pm peak hour. These trips
should be split up between the proposed north and south ingress/egress points on SW 8th Ave and SW 6th Street. Initial
statements from the applicant's traffic engineer state that both roadways are projected to operate acceptably, though further
analysis will be required during site plan review to examine the impacts of these additional vehicle trips.
In his future land use amendment submission, the Applicant provided letters from the OUA, the Okeechobee School District
and Waste Management, all of which indicate that services are available and adequate capacity exists to serve the proposed
development.
8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
"The proposed use will not impact traffic congestion as this is already a heavily traveled street with adequate capacity for the
additional traffic. To the south, there is a swale along SW 6th Avenue that will drain to the east to SW 7th Avenue ditch, a
major collector in the City that discharges directly into the Rim Canal adjacent to Lake Okeechobee. This project will not
adversely affect public safety.
Staff Comment: The applicant has demonstrated that the proposed use should not create traffic congestion, flooding or
drainage problems.
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
"The proposed use has not been inordinately burdened by unnecessary restrictions."
Staff Comment: We agree.
Based on the foregoing analysis, we find the requested rezoning to Residential Multiple Family to be consistent with the
City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the
area. Therefore, we recommend Approval of the Applicant's rezoning request.
Motion and a second offered by Members Baughman and McCoy to recommend approval to the City Council for Rezoning
Petition No. 19-005-R to rezone from Holding to RMF, for 19.01± unplatted acres located in the 800 to 900 blocks of
Southwest 6th Street, for the proposed use of an apartment complex. Motion carried unanimously.
45 SURROUNDING PROPERTY OWNERS WERE NOTIFIED.
TWO SIGNS WERE POSTED ON THE SITE.
THE PROPOSED ORDINANCE WAS PROPI=RLY ADVERTISED IN THE LOCAL NEWSPAPER.
OBJECTIONS/CORRESPONDENCES RECEIVED?
♦ 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.
Steve Dobbs available for any questions as this is the 2nd reading.
DW -I'm sure this will go thru site plan review?
MDO-was approved
Steve-WM District should be approved any day. I am waiting on OUA plans and should have them by the end of the week.
C) Vote on motion.
VOTE:
WATFORD — YEA ABNEY — ABSTAINED ♦ CLARK— YEA
JARRIEL — YEA KEEFE — YEA MOTION CARRIED.
Page 11 of 15
CLOSE PUBLIC HEARING
Time: 7:05
BK -request a recess; Mayor recessed for 10 minutes. Resumed at 7:15pm
VII. NEW BUSINESS
A. Motion to correct the September 24, 2019 Minutes, pages 9-10 regarding New Business Item "E", Agreement for
Attorney Services (Exhibit 8)
Council Member _MC moved to correct pages 9 and 10 of the September 24, 2019 minutes as distributed;
seconded by Council Member _WA_.
A motion was made by Council Member Jarriel to extend Mr. Cook's current October 1. 2005 (Legal Services l Contract to December 31,
2019, at the current rate of $2,100.00[$2,616.8 4 per month for basic services with ars additional services rate of $100.00 per hour for
litigation work, and a °ter.. of $150.00 per half-day work at the City 4A: seconded by Council Member Clark.
VOTE:
WATFORD — YEA ABNEY — YEA CLARK— YEA
JARRIEL — YEA KEEFE — YEA MOTION CARRIED.
B. Discuss adoption of proposed County ordinance enacting the provision of Ch. 787 Florida Statutes — (Exhibit 9)
MDO-obviously FS legislation, this ordinance mimics the County's Ordinance. We have to opt in to the County ordinance.
This is basically what came out in the news. I just talked to Chief and I'm sure we will talk to the businesses and let them know
the requirements.
Motion to adopt MC; second by BK.
Attorney Cook read proposed Resolution No. 2019-15 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF OKEECHOBEE, FLORIDA; EYPRESSING THE INTENT OF THE CITY TO OPT INTO LEGISLATION BEING
CONSIDERED BY OKEECHOBEE COUNTY, FLORIDA CONCERNING HUMAN TRAFFICKING; SAID LEGISLATION TO
APPROVE THE POSTING OF SIGNAGE TO BOOST PUBLIC AWARENESS OF HUMAN TRAFFICKING AS REQUIRED
BYFLORIDA STATUTES CHAPTER 787; FINDING THAT INCLUDING CERTAIN DESIGNATED BUSINESS' WITHIN THE
CITY TO POST SUCH SIGNAGE IS IN THE PUBLIC INTEREST AND WELFARE; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE."
BK -being businesses within the City. Whose responsible for the inspection of these?
MDO-the inspection won't change, when it goes thru the BTR process.
BK -so City's process
WA -certain or all businesses.
BK -there is a list attached to the exhibit
DW -I've seen these signs all around at other places.
VOTE:
WATFORD — YEA ABNEY — YEA CLARK—YEA
JARRIEL — YEA KEEFE — YEA MOTION CARRIED.
C. Motion to approve an Agreement for Specialized Legal Services with LEWIS BRISBOIS BISGAARD & SMITH, LLP
(Exhibit 10)
Council Member _BK_ moved to approve an Agreement for Specialized Legal Services with Lewis, Brisbois,
Bisgaard & Smith, LLP; seconded by Council Member _WA
Page 12 of 15
MDO-this is something; we did send an email out regarding our server hit with ransom ware. New FS regarding cyber -attacks.
Notified PRM, I will say we've done everything right. Alleviate within a half-hour. We do have coverage with PRM $10,000
impact for deductible. Forensic analysis to see if data was mined. It was just a ransomware bug that locks the computer until
you pay them. As FS allows trying to keep this out of the eye, no matter how we worded it it looks bad. Ensure data wasn't
mined. PRM has an attorney that does this along with the computer services to ensure that the data was mined. Just to make
sure that they didn't access identity, etc. We won't see anything more than the deductible. We did everything right. We are
fortunate. City of Fort Pierce was hit hard. Commend staff for acknowledging and Rick for getting it stopped quickly. We have
to prove it wasn't us according to the new FS.
MC -they have to make sure personal information wasn't taken.
MDO-if an employee is hit with identity theft, the investigation will ensure it didn't come from the City.
IR -if they feel that there is a possibility of it, there are other insurances to employ to protect the individuals and businesses
that may have been compromised.
MC -only city server? City of Stuart's server was ransomware and they chose not to pay the ransom and they lost years of
investigations because of it.
MDO-ICS coming on board, changing protocols, backups. We were able to use Tuesday's backup. We didn't lose a lot of
data from the Server. A lot of other municipalities got hit hard. Talking with PRM to develop a policy of what to do. We don't
feel that we had any exposure. Make sure we follow thru to the FS.
BJ -if we don't hire the attorney, what's the worst scenario to come out of this.
MDO-employee can come to us about identity theft.
BJ -we couldn't hire at that point?
JC_no because the damage had already been done. If an employee came to MDO and asked if the City can guarantee it
didn't come from us.
WA -it takes 10,000 to get the lawyer involved to do it? Is there a preventive from happening again?
MDO-changed protocol on the server. The way it came in will not happen again. I will say we were very fortunate after we
instituted a firewall. A year ago we would have been truly affected. Applaud how staff and ICS handled this.
BJ -is this a normal exclusion? Yes 0-5000 population is $5000; 5000 to 10000 is $10000.
MC -1 have been hit twice. New protocols, security system, backups. This is truly erring on the side of caution. The exposure
is too great and we don't have a choice as a city.
Scope of Engagement: LBBS is to represent the City of Okeechobee in connection with an information security incident. This
may involve the facilitation of a forensics investigation, an assessment of your consumer and regulatory notification obligations
and, if necessary, drafting of notification letters to affected consumers and appropriate regulators, facilitation of remediation
services like credit monitoring or identity monitoring for affected consumers, and interfacing with regulators.
Legal Fees: hourly rate of $350 for partners, $250 for associates, and $175 for paralegals.
VOTE:
WATFORD — YEA ABNEY — YEA CLARK— YEA
JARRIEL — YEA KEEFE — YEA MOTION CARRIED.
D. Discuss future Town Hall meetings, agendas, and advertisements.
BK -I requested this. 2nd town hall meeting a lot of people didn't know, how it was advertised.
Agendas -I reviewed the minutes as well as the audio file immediately after the TH meeting and we talked about having the
2nd one more informal. Somewhere along the lines of coffee with a council member. Some of the people I spoke to after the
TH meeting in March was intimidated about coming up to the microphone. Also like to urge us to consider engaging our
citizens because I just feel like it is a letdown when you come out with sharing ideas and expressing concerns and leaving
without any comment from those they elected. I attended the school board town hall meeting, went very well. Those that did
speak had a conversation with the Board members, they listened jotted down notes and responded. Sometimes multiple
members responded, Mr. Kenworthy responded. There was discussion had and it was one-way. I feel as a citizen why would
I come out to say something and not get a response. I can just email everybody here or send a certified letter or just call and
Page 13 of 15
continue to send emails. We were elected and I feel we owe it to our citizens to engage. FS reference was included in the
School board TH mtg agenda.
Advertisements -I think that we are a small enough city that USPS offers and we can put a flyer in everyone's mailbox is a lot
cheaper than what we spent on the advertising. We didn't have a large turnout. Do a better job of advertising.
MDO-advertised Newspaper, radio, BB notice, city hall sign,
Mayor -look into how much it would cost for mailout to IR and MDO
BJ -I think an informal one limit to three minutes so we can have some discussion. The Mayor can control that. Some feedback
would be good, I saw it in the paper every week. Even if we mail it and throw it to the side. We just need to address it by word
of mouth.
Mayor -I think we just need to be careful responding and sometimes we say things without having the information. I think we've
responded to everyone that requested information. I would suggest when we get ready for the next TH, we have to keep a
record, we can't just go to the local coffee shop, we have to keep minutes, and I would suggest if you want to have coffee
with council member, you certainly can. You're certainly welcome to do those things. We have public comments at every
meeting. Any time someone has a public comment they can. Low attendance this time due to high attendance last time. Took
written comments. If its ok, when we get ready for the next one, if the council wants a different format, we can discuss it. I will
just say that every event that I'm involved in, people come up to me and say I would have gone to that if I would have known.
MC -I think we had a lot of new issues brought forward. I would like to ask questions to clarify their points. Not really a
discussion, I just want to clarify what they're saying or expand on what they are looking for. Angie had a lot of good concerns.
WA -not get in to debate but ask questions is ok too. I think a little interaction is good.
MC -next TH mtg in March?
ITEM ADDED TO AGENDA E. Discuss 11/12 Joint Workshop with BOCC regarding Fire Service Merger.
MDO-1 updated the agenda. The same agenda is going to the County. If there is something you'd like to change I can get it
to the County in time.
BJ -I think they're discussing it at their next meeting.
BJ moved to approve; 2nd by WA.
Motion carried
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Abney -circle back around to planning issues. PB is trying to get together a way to get this ball rolling again. I think that's a
great idea and like to get updates on that.
Jarriel-enjoyed both TH meetings. Some of the comments from a couple of different people. Police are consistent. Council
Member has met every officer you have.
Keefe -I would just like to point everybody's attention to the sign in front of our microphone. I will commend the City Clerk and
Deputy Clerk for their duties of listening to the audio copies of the meetings. I requested some audio files of the meetings and
she explained it is a one -direction microphone. I'd like to back her up and really say wow, we need to try to speak directly into
the microphone. It would make their job a lot easier and those who request it. Certainly help if Mr. Jarriel leaned forward with
his responses.
Clark -thank you for the proclamation. Concern that I have is that I would love to see the numbers of how many stops he's
making for running the red light at 4441 and 70 and I think it will be a tall tell sign of the problems we have at that intersection.
The reason people are running those lights is because they're waiting so long. If there is a semi or dump truck only 3 can go
thru. We need to address it with FDOT again. 70 clears and 441 N & S is the issues.
DW -surely someone with traffic engineering expertise can look at that.
MDO-1 will coordinate with FDOT and PW
WA -look at 8th Avenue too
DW -21 st at Walmart. I've noticed heading south there is nothing to trip it and it turns red then 2-3 seconds it turns green again.
MDO-it's a camera to cue the light.
Clark -I actually saw the motorcycle guy sitting at Walgreens and he was pulling them over and every single time its only 4-5
cars because people are frustrated. There's going to be a major accident at this intersection. Those people are running the
lights and the other lanes can't go so its backing up.
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DW -1 would just like to comment that the Governor appointed the heartland region today, Ben Butler. Gary sent me a text this
morning.
IX. ADJOURN MEETING
There being no further items on the agenda, Mayor Watford adjourned the meeting at _7:53_ P.M.
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