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2020-02-18 Adopted Minutes" v, OF OKEFCyC` _ CITY OF OKEECHOBEE, FLORIDA a FEBRUARY 18, 2020, 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, February 18, 2020, at 6:00 P.M. in the City Council Chambers, 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. A. The invocation was offered by Reverend Don Hanna, 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, and Bob Jarriel were present. Council Member Bobby Keefe was absent with consent. CITY STAFF- City Attorney John Fumero, 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. III. AGENDA AND PUBLIC COMMENTS A. At the request of Attorney Fumero, New Business Item D was added. Council Member Jarriel requested to postpone New Business Item C as well as any discussions pertaining to the fire services, until the requested contract was provided to the Council, and asked whether a motion would be necessary. Attorney Fumero replied a motion is not necessary, only a consensus is needed. Mayor Watford polled the Council, and the consensus was to keep the item on the agenda as it was deferred from the previous agenda to give the Council time to review the information. B. Council Member Abney moved to approve the agenda as amended; seconded by Council Member Clark. Mayor Watford, Council Members Abney, Clark, and Jarriel, voted: Aye. Nays: none. Absent: Keefe. Motion Carried. C. There were no agenda item forms or comment cards submitted for public participation for any issues not on the agenda. IV. CONSENT AGENDA A motion was made by Council Member Jarriel to approve the consent agenda items A through B [January 2020 Warrant Register in the amounts: General Fund $655,409.30, Public Facilities Improvement Fund $28,708.58, and Capital Improvement Projects Fund $12,288.97, the complete list is included in the minute file; purchase of asphalt in the amount of $85,000.00 for the following paving projects: portions of the alleyways along South Park Street from South Parrott to Southeast 5th Avenues, Northwest 9th Street from 9th Avenue 500 -feet Eastward, Northwest 10th Street between 3rd and 5th Avenues, Southwest 11 th Avenue between 4th and 8th Streets, and Southwest 21St Street from 7th Avenue 1,200 -feet Eastward as provided in Exhibit 11; seconded by Council Member Clark. Mayor Watford, Council Members Abney, Clark, and Jarriel, voted: Aye. Nays: none. Absent: Keefe. Motion Carried. V. NEW BUSINESS A. A motion was made by Council Member Jarriel to read proposed Ordinance No. 1206 by title only, and set the Final Public Hearing date for March 3, 2020, regarding amending Sunday Alcohol sales in restaurants from 1:00 P.M. to 10:00 A.M. [as provided in Exhibit 2]; seconded by Council Member Clark. Mayor Watford, Council Members Abney, Clark, and Jarriel, voted: Aye. Nays: none. Absent: Keefe. Motion Carried. February 18, 2020 Regular Meeting Page 1 of 5 Attorney Fumero read proposed Ordinance No. 1206 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING SECTION 6-1 OF CHAPTER 6 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE SALE OF ALCOHOL WITHIN THE CITY AT CERTAIN TIMES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Council Member Clark moved to approve the first reading of proposed Ordinance No. 1206; seconded by Council Member Jarriel. Mayor Watford opened the floor for public comments; there was none. It was confirmed that the changes incorporated within proposed Ordinance No. 1206 mirror the recent changes adopted by the Okeechobee Board of County Commissioners. Mayor Watford, Council Members Abney, Clark, and Jarriel, voted: Aye. Nays: none. Absent: Keefe. Motion Carried. B. A motion was made by Council Member Clark to adopt proposed Resolution No. 2020- 01, declaring the City of Okeechobee a Second Amendment Sanctuary City [as provided in Exhibit 3]; seconded by Council Member Jarriel. Attorney Fumero read proposed Resolution No. 2020-01 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; DECLARING THE CITY OF OKEECHOBEE A SECOND AMENDMENT SANCTUARY CITY." A memorandum from Attorney Fumero provided background information in that a Second Amendment Sanctuary refers to a jurisdiction in the United States that has adopted resolutions to prohibit or impede the enforcement of certain gun control measures perceived as violative of the Second Amendment. The resolution is largely a symbolic statement of public policy, is not legally enforceable or binding, as regulation of guns and gun sales are generally preempted by Federal and State government. Mayor Watford opened the floor for public comments; there was none. Mayor Watford, Council Members Abney, Clark, and Jarriel, voted: Aye. Nays: none. Absent: Keefe. Motion Carried. C. EMS verification updates. A memorandum from Administrator MontesDeOca with three pages of a proposed budget to implement an EMS Service in the City was provided in Exhibit 4. Revenues shown are estimated on past years of actual fire callouts with the State of Florida Department of Health transports percentages applied. Collection percentages were also estimated based on discussion with the County. However, the potential higher collection rates may be experienced due to the heavier commercial district and health care transportation calls within the City. Page two of Exhibit 4 provided the summary of data presented and cost effects. The cost comparisons are based on raw numbers. Dispatch: $283,954.00 although costs are provided in the Fire Department budget, serves Fire and Police (actual costs remains for Police Department dispatch); County EMS Assessment currently paid by City residents: $344,000.00 (residents will not pay once City EMS services are implemented); Estimate of Transports: $299,956.80 (based on data provided on page three of Exhibit 4); Budget vs. Actual typical year: $165,990.06 (approximately 10 percent); Total of items equals $1,093,900.86; Net Cost Comparison: $878,349.14. The summary of costs and potential revenues based in millage provided 1.0000 mill is equal to $292,000.00, the current City millage rate is 7.6018. The current Fire Department budget including dispatch is $1,642,577.00. The proposed budget with EMS services is $1,972,250.00, which is a net increase of $329,673.00 to the Department budget. The net increase calculates an increase to millage of 1.1290 (net increase divided by $292,000.00). The estimated transport revenue of $299,956.80 reflects a decrease in millage by 1.0272 (decrease divided by $292,000.00). The total value of the County EMS Assessment is $344,000.00. The citizens will see a reduction to their property tax bill in February 18, 2020 Regular Meeting Page 2 of 5 the form of a decrease in millage of 1.1781. The net cost to the City after deducting the estimated revenue is -$314,283.80, which calculates to a decrease in millage to a rate of 6.5255. Mayor Watford questioned the reason behind including the County EMS assessment in the figures provided. It was clarified the intent was to show the savings to the taxpayers in terms of millage as they would no longer pay the County EMS assessment. Pages three and four of Exhibit 4 provided a comparison of costs between the proposed Fiscal Year (FY) 2019-20 Fire and EMS budget and the FY 2019-20 adopted Fire budget. Fire and EMS -Personnel costs: $1,527,750.00, Supplies and Other Services costs: $272,500.00, Grand Total: $1,800,250.00. Fire Only -Personnel costs: $1,420,350.00, Supplies and Other Services costs: $222,227.00, Grand Total: $1,642,577.00. The staffing changes needed to implement the EMS services include increasing the regular salaries of 11 Firefighters by $7,000.00 for paramedic certification, and hiring two additional full-time paramedics with a salary of $47,500.00 each, calculating to an increase to personnel costs of $172,000.00. The projected revenue billings for EMS services are Professional Services: $15,787.20 (collections at 5 percent net); Total Fire/Medical Calls: 1,495; 64 percent Transport rate taken from the Florida Department of Health: 957; Average costs per Transport: $600.00; Gross Total Revenue: $574,080.00; Projected Net Billings at 55 percent: $315,744.00; Net Revenue: $299,956.80. The total estimated capital purchases cost per ambulance are as follows: Ambulance Ford E-450 $145,000.00; LifePak $22,000.00; Equipment $15,000.00; Miscellaneous $7,500.00; Radio $8,000.00; Total Capital Cost per Unit $197,500.00 (two units estimated total $395,000.00). Administrator MontesDeOca continued by explaining he researched municipalities with the same EMS service setup the City is currently under. He found that the City of Venice recently implemented EMS services after hiring a consultant group to perform a study. He obtained a copy of the report generated from their study that explained the primary deliverable was to be an analysis of ways to enhance the EMS system in their City with a discussion of the feasibility of the Venice Fire Department taking over primary responsibility for the EMS system and upgrading to the Advanced Life Support level. He asked whether the Council would like him to reach out to the consultant to obtain a quote to complete the same type of study for the City. The consensus of the Council was not to pursue that at this time. Council Member Jarriel provided numbers that he received from a records request he made to the County Fire Department, which conflict with the data provided. He continued explaining his opinion on why the discussion of EMS services should be postponed until a contract has been formally presented to the Council for consideration. Mayor Watford explained continuing this discussion hinges upon the fire services contract. Administrator MontesDeOca reiterated there are numbers he is still waiting for the County to verify. He also explained that the repairs, maintenance, fuel costs, insurance were considered and incorporated with the proposed numbers, as two Fire Department vehicles will be taken out of rotation with the purchase of two ambulances. The discussion then turned to the fire services contract. Mayor Watford reminded the Council the discussion this evening pertained to EMS services only, and that no decision can be made tonight on either issue. Before opening the floor for public comment, Mayor Watford explained to all in attendance to remain civil and limit comments to the EMS services, as there should not be a debate regarding the fire services contract. Captain Lalo Rodriguez addressed the Council in order to reply to the issues raised by Council Member Jarriel. The City currently employs three Fire Inspectors, and their salary is incorporated in the current budget. Regarding the $750,000.00 estimated costs for the purchase of ambulances and equipment, Captain Rodriguez explained he used the maximum number for budgeting purposes, but further research found ambulances that will fit in the Fire Department facilities for a total of $395,000.00. The insurance, fuel, and February 18, 2020 Regular Meeting Page 3 of 5 maintenance costs did not change because two existing units will be put out of service, should the EMS service be implemented. Mrs. Dale Ann Watford addressed the Council and explained she was born and raised in the City, is a current City resident and business owner. She compared the topic of consolidation to diabetes in that cutting/removing items starts small but continues to large areas, eluding to the Council cutting their jobs out in the future. She then provided examples of the quick response time the City Fire Department provides when 9-1-1 is called. She asked the Council to consider the effects this has on the residents and the employees. Council Member Jarriel thanked Mrs. Watford for her comments and stated the purpose of all of this is to lower the tax burden on the City residents. Mrs. Watford replied she would rather keep paying extra to keep the quick response times and excellent service that she has been paying for 55 years. There were no other comments from the public. Council Member Clark commented it was her opinion that the discussion of implementing EMS services was premature, as the City does not currently employ paramedics, and the approved training will not be completed until next spring. She continued explaining the City is trying to be more fiscally responsible to prevent consolidation in the future. No official action was required or requested on this item. D. ITEM ADDED TO AGENDA. Authorize Mayor Watford to write a letter to the Florida Congressional Delegation supporting the consideration of the savings clause when setting the Lake Okeechobee System Operating Manual (LOSOM) lake levels. The following provides insight on the topic, but was not included in the discussion: the Comprehensive Everglades Restoration Plan savings clause is found in Water Resources Development Act of 2000 Section 601(h)(1) states "the overarching objective of the Plan is the restoration, preservation, and protection of the South Florida Ecosystem while providing for other water -related needs of the region, including water supply and flood protection. Section 601(h)(5)(A)(i) adds that "until a new source of water supply of comparable quantity and quality as that available on the date of enactment of this Act is available to replace the water to be lost as a result of implementation of the Plan, the Secretary and the non-federal sponsor shall not eliminate or transfer existing legal sources of water, including those for... agriculture or urban water supply...." Attorney Fumero explained the United States Army Corps of Engineers' legal counsel has determined that the savings clause does not have to be considered when setting the new lake levels within the LOSOM. He requested the Council authorize Mayor Watford to execute the letter requesting the savings clause be considered in the LOSOM. The Council provided the "consent." A copy of the letter will be distributed to the Council. VI. COUNCIL COMMENTS Council Member Jarriel reiterated his concerns to postpone any future discussion relating to the Fire Department until the City receives an official contract for fire services from the County. Council Member Clark stated she requested that the Administrator provide an explanation of the reserves balance, and verified the City is not utilizing reserves to balance the budget, just the interest revenue earned on the balance. The Administrator provided a sheet detailing each fund's audited ending balance from 2010 to 2019, and the unaudited ending fund balances for 2019. This sheet has been made a part of the minute file. Council Member Clark asked for clarification on interacting with citizens at the March 11, 2020 Town Hall meeting, as the Council has previously taken the stance of not responding to the comments. By doing so it has been discovered there was misinformation. After a brief discussion, the consensus of the Council was to tactfully respond to comments to clarify an individual's meaning or purpose. Administrator MontesDeOca added a public input for the resiliency study will be held prior to the Town Hall meeting at 4:00 P.M. Mayor Watford asked the Council to provide Clerk Gamiotea with direction on advertising for the Town Hall meeting. Clerk Gamiotea explained flyers have been emailed to the February 18, 2020 Regular Meeting Page 4 of 5 Council, all City employees, citizen board members, all County government offices, the Chamber of Commerce, Indian River State College, WOKC, Okeechobee Main Street, Okeechobee Utility Authority, and School Board members, posted on the City website, bulletin boards, and Facebook page. It has been requested to be posted in the community news section of the Okeechobee News. Flyers are also being distributed with building permits in the General Services Department, and with Business Tax Receipt applications in the Finance Department. Police Chief Peterson will be highlighting the meeting during the Department radio show in March. After a brief discussion, the consensus of the Council was to advertise the flyer in the Okeechobee News three consecutive days prior to the meeting. VII. There being no further items on the agenda, Mayor Watford adjourned the meeting at 7:07 P.M. The next regular meeting is scheduled for March 3, 2020, at 6:00 P.M. A ' T: Lane Gamiotea, CMC, City Clerk Dowling R. V\at ord, ,Jt., Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. February 18, 2020 Regular Meeting Page 5 of 5 0