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DRAFT 2019-12-03 Minutes December 3, 2019 Regular Meeting Page 1 of 3 CITY OF OKEECHOBEE, FLORIDA DECEMBER 3, 2019, REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER Mayor Watford called the regular session of the City Council for the City of Okeechobee to order on Tuesday, December 3, 2019, at 6:28 P.M. in the City Council Chambers, 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. A. The invocation was offered by Pastor Don Hanna of the First United Methodist Church. B. The Pledge of Allegiance was led by Mayor Watford. II. ATTENDANCE City Clerk Lane Gamiotea called the roll. Mayor Dowling R. Watford, Jr., Council Members Wes Abney, Monica Clark, Bob Jarriel, and Bobby Keefe were present. CITY STAFF: City Administrator Marcos MontesDeOca, Police Chief Bob Peterson, Fire Chief Herb Smith, Public Works Director David Allen , and Deputy City Clerk Bobbie Jenkins were present. City Attorney John Cook was absent with consent. III. AGENDA AND PUBLIC COMMENTS A. There was one request for the addition, deferral, or withdrawal of items. New Business Item “D. Discussion of fire services” was added at the request of Council Member Jarriel. B. There were no agenda item forms or comment cards submitted for public participation for any issues not on the agenda. IV. CONSENT AGENDA Motion by Council Member Abney to approve the consent agenda items A through D [approve the November 19, 2019, minutes; approve the appointment of Mrs. Donna Howard to the General Employees’ Pension Fund Board of Trustees, City resident 1 of 2, term being January 1, 2020 to December 31, 2023; approve the appointment of Mr. Cody Daigneault to the Police Officers’ Pension Fund Board of Trustees, City resident 1 of 2, term being December 4, 2019 to September 30, 2021; approve a Temporary Street Closing for the Christmas Festival and Parade on December 13 and 14, 2019]; seconded by Council Member Keefe. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. V. NEW BUSINESS A. Motion by Council Member Clark to approve foreclosure proceedings on Code Enforcement Case No. 18-024, 502 Southeast 10th Avenue, Legal: Lots 1, 4, and the East half of Alley of Block 5, WRIGHTS 1ST ADDITION, Plat Book 1, Page 13, Okeechobee County public records; Case No. 18-043, 914 Northwest 2nd Street, Legal: Lot 17 and the East half of Lot 16 of Block 132, CITY OF OKEECHOBEE, Plat Book 1, Page 10, Okeechobee County public records; and Case No. 08-173, 700 block of Southeast 12th Avenue, Legal: Lots 9 and 12 of Block 15, WRIGHTS 1 ST ADDITION, Plat Book 1, Page 13, Okeechobee County public records as presented in Exhibit 4; seconded by Council Member Keefe. Police Chief Peterson explained Code Enforcement has come to an impasse with these property owners and all options have been exhausted. The Cases were presented to the Code Enforcement Special Magistrate on November 12, 2019. Magistrate Azcona is recommending foreclosure. Case No. 18-024 began accruing a fine of $50.00 per month on November 1, 2018, remains non-compliant, and has accrued $1,550.00 in fines as of October 31, 2019. Case No. 18-043 is currently accruing a fine of $25.00 per day, remains non-compliant, and has accrued $3,225.00 in fines as of October 31, 2019. Case No. 08- 173 came into compliance April 20, 2009, but the accrued fine of $900.00 remains unpaid. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. December 3, 2019 Regular Meeting Page 2 of 3 V. NEW BUSINESS CONTINUED B. Police Chief Peterson distributed a memorandum that explained Code Enforcement is recommending a reduction to 10 percent of the accrued fine per Case. The properties were brought into compliance on January 22, 2019, by the new property owner, Mr. Emiliano Garcia, represented by Mr. Kennedy (who was in attendance). Motion by Council Member Clark to approve the Code Enforcement Special Magistrate recommended fine reductions for Code Enforcement Case No. 18 -008, 302 Northeast 7th Street, Legal: Lots 5 and 6 of Block 79, CITY OF OKEECHOBEE, Plat Books 1/5, Pages 10/5, Okeechobee County public records, from $3,555.00 to $355.00; and Case No. 18- 009, 309 Northeast 6th Street, Legal: Lots 7 and 8 of Block 79, CITY OF OKEECHOBEE, Plat Books 1/5, Pages 10/5, Okeechobee County public records, from $3,555.00 to $355.00 as presented in Exhibit 5; seconded by Council Member Jarriel. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. C. Evaluate submittals of Request for Qualifications (RFQ) No. ADM 01 -00-10-19 and Request for Proposals (RFP) No. ADM 02-00-10-19. Administrator MontesDeOca stated due to the incomplete information submitted by the Firm of Nason, Yeager, Gerson, Harris & Fumero, P.A. for the RFP, it was disqualified. Two Firms responded to the RFQ: Nason, Yeager, Gerson, Harris & Fumero, P.A. of Palm Beach Gardens, Florida, and Swaine, Harris & Wohl, P.A. of Lake Placid, Florida. Attorney Cook provided an evaluation summary on both Firms based solely on the information received and contained in the RFQ. The Firm of Nason, Yeager, Gerson, Harris & Fumero, P.A. will provide three attorneys (Fumero, Rice, and Kowalsky). Their government experience includes the City of Port Saint Lucie and the South Florida Water Management District. Their areas of expertise consist of code enforcement, public finance, land use/zoning, grant submission, labor/employment, and public recor ds. Attorney Fumero has over 30 years of experience and is certified with the Florida Bar; Attorney Rice has an undergraduate degree in planning and land use, and has worked as a City Attorney in seven cities; Attorney Kowalsky has 30 years of experience, with 15 years as counsel for the South Florida Water Management District. Supplied in the RFQ were invoices billing $295.00 per hour for all attorneys and $90.00 per hour for paralegals. The Firm of Swaine, Harris & Wohl, P.A. will provide three attorneys (Nash, Swain, Wohl, and Harris as backup to Nash). Their government experience includes the Cities of Lake Placid, Sebring, and Arcadia. The areas of expertise were not specified. Attorney Harris has 39 years of experience; Attorney Nash has eight years of experience; Attorney Swain has 18 years of experience; and Attorney Wohl has 15 years of experience. Supplied in the RFQ were invoices billing $195.00 per hour for Attorney Harris, $175.00 per hour for Attorneys Nash, Swain, and Wohl, and $85.00 per hour for paralegals. After a lengthy discussion, Council Member Keefe made a motion to direct the Administrator to begin contract negotiations with both Firms, and present them for consideration at the December 17, 2019, meeting; seconded by Council Member Jarriel. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. D. Council Member Jarriel requested the discussion of fire services be added to the agenda. Mayor Watford expressed concerns with adding such an important matter to the agenda without the public being noticed and given the opportunity to attend. He suggested the comments be brief. Council Member Jarriel was disappointed by the way the information was discussed at the Board of County Commissioners meeting held November 26, 2019, as he was of the understanding that the costs were to be related to taking over the fire services in the City, not contracting the service to the City. December 3, 2019 Regular Meeting Page 3 of 3 V. NEW BUSINESS CONTINUED D. Mayor Watford agreed and stated there are a lot of unknowns, with numerous unanswered questions. The primary question is whether the City wants to contract with the County to provide the fire services or should the County take the services over completely. He is concerned a contract would be more costly in the long-term as the Council would lose control of expenses. He then used the example of the current contracted animal control services with the County. The next question is sale the City’s equipment to the County or give it to them. Council Members Jarriel and Keefe were strongly against selling the equipment to the County as the taxpayers have already paid for the equipment once. Council Member Keefe requested comments from Fire Chief Smith before the discussion continued. Chief Smith urged the Council to check State Law and City Ordinances/Charter as there may be a legal obligation for the City to provide fire services to the citizens. Council Member Keefe added should the City keep the fire services then a fire assessment will have to be adopted in order to pay for these services other than by ad valorem taxes. He also suggested, and all agreed, that any current Firefighter/EMT who would want to attend the next Paramedic certification class in January be allowed to do so and the City cover the costs. This will assist them in being hired, should the fire services be turned over to the County. County Fire Chief Franklin made it clear during his November 26, 2019, presentation that only six new hires would be necessary, and all would need to be Paramedics to qualify. Due to the number of variables involved, Council Member Clark requested the City consider using a professional consultant to provide the Council with unbiased opinions, information, and guidance on making any decisions, and one that could negotiate on the City’s behalf. Council Member Abney agreed. He also asked whether the County provided any questions in writing to the City. Mayor Watford responded no, only verbal. After continued discussion, the Council instructed the Administrator to request the County provide in writing a list of what questions the City Council needs to answer, and to research consultant firms with proposed costs. This information is to be presented at the December 17, 2019, meeting. During the discussion, several Council Members stated they still had too many unanswered questions. Mayor Watford, again, stressed that any questions be reduced to writing and provided to the Administra tor in order for him to obtain a response in writing from the appropriate source. VI. COUNCIL COMMENTS Council Member Jarriel reminded everyone that the Flagler Park Flag dedication is December 12, 2019, and the Christmas parade is December 14, 2019. Council Member Keefe commended Staff for their work on the Christmas decorations in the park, and he truly enjoyed the Mayor’s inspirational speech at the annual Tree Lighting held at 5:30 P.M., before tonight’s meeting. Council Member Clark requested that the street paving schedules be included in the monthly status report. She also invited everyone to a Christmas Special her family is performing on December 13 and 14, 2019, at the Freshman Campus Auditorium with all proceeds benefiting the Okeechobee Community Theatre. Tickets can be purchased online or on location at each show. Council Member Abney requested a monthly update of capital improvement projects be included in the monthly status report. VII. There being no further items on the agenda, Mayor Watford adjourned the meeting at 7:29 P.M. The next regular meeting is scheduled for December 17, 2019, at 6:00 P.M. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to ensure that a verbatim re cord of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk.