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2020-03-03 Minutes4y.OF.OK >? � m (CITY OF OKEECHOBE:E, FLORIDA MARCH 3, 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, March 3, 2020, at 6:03 P.M. in the City Council Chambers, 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. A. The invocation was offered by Father Jim Shevlin, Church of Our Saviour Episcopal. 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 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. There were no requests for the addition, deferral, or withdrawal of agenda items. B. Council Member Abney moved to approve the agenda as published; seconded by Council Member Jarriel. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. C. Ms. Joyce Bussell requested to address the Council regarding the appearance and unsanitary conditions of the Amtrak Train Station (located at 801 North Parrott Avenue). The issue was brought to Mayor Watford's attention recently and reported to Code Enforcement. Police Chief Peterson explained Code Enforcement staff made contact with an Amtrak representative. The station was cleaned within the last 24 -hours, and they assured Code Enforcement that it would be !maintained in the future. Chief Peterson further noted that his, staff will continue to monitor the condition of the train station to ensure it is being kept properly. Ms. Bussell expressed her appreciation on having the problem resolved. Mayor Watford thanked Ms. Bussell for her dedication and persistence on the issue. IV. CONSENT AGENDA A motion was made by Council Member Clark to approve the consent agenda items A through C [February- 4, 2020, and February 18, 2020, Regular meeting minutes; temporarily close a portion of Southwest 3rd and 4th Avenues between North and South Park Streets, beginning Friday, March 13, 2020, at 5:00 P.M. and re -opening Sunday, March 15, 2020, at 5:00 P.M. requested by Okeechobee Main Street for the 55th Annual Speckled Perch Festival (as provided in Exhibit 1); Okeechobee County Firefighters annual Muscular Dystrophy Association boot drive at the main intersection of North Park Street/State Road 70 and Parrott Avenue/U.S. Highway 441, March 21 through 22, 2020, from 9:00 A.M. to 2:00 P.M.]; seconded by Council Member Abney. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. V. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:09 P.M. A. A motion was made by Council Member Abney to read proposed Ordinance No. 1206 by title only, 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 Keefe. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. March 3, 2020 Regular Meeting Page 1 of 4 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." A motion was made by Council Member Jarriel to adopt proposed Ordinance No. 1206; seconded by Council Member Clark. Mayor Watford opened the floor for public comments; there was none. He then confirmed with Attorney Fumero that the time change is specific to restaurants only. Administrator MontesDeOca added, the County recently adopted a modified ordinance that allows all sales to begin at 10:00 A.M. (package stores and restaurants) and inquired whether the Council would want to entertain an amendment to the ordinance. Attorney Fumero recommended a separate ordinance be generated, should the Council decide to pursue that option due to the notice to the public being a change specifically and only for restaurants. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. THE PUBLIC HEARING CLOSED AT 6:13 P.M. VI. NEW BUSINESS A. A motion was made by Council Member Clark to approve the Code Enforcement Special Magistrate recommended fine reduction for Code Enforcement Case No. 15-058, for property located at 110 Northwest 6th Street; Legal: Lots 10 to 12 of Block 76; CITY OF OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County, Florida public records; from $2,795.00 to $279.00 plus a $50.00 administrative fee [as provided in Exhibit 3]; seconded by Council Member Keefe. The property was found in violation of Code Sections 30-44 and 30-43 from July 18, 2016 through January 17, 2017 and has been complying since then. At the January 7, 2020, Code Enforcement meeting, the property owner, Mr. Kevin Dag stated he was stationed overseas on military service, making it hard to resolve the issue. City Attorney Kowalsky recommended the Case be presented to the Council with a waiver due to Mr. Dag's military service. During the Council meeting, City Attorney Fumero advised the representations did not hold true, therefore the military service waiver recommendation is withdrawn. Mayor Watford opened the floor for public comments; there was none. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. B. A motion was made by Council Member Jarriel to approve the Code Enforcement Special Magistrate recommended fine reduction for Code Enforcement Case No. 17-005, 201 Northeast 10th Street (being the mailing address, property is located at 115 Northeast 10th Street); Legal: Lots 19 and 20 of Block 31, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County, Florida public reocrds; from $8,640.00 to $864.00 [as provided in Exhibit 4]; seconded by Council Member Clark. The property was found in violation of Code Sections 30-43, 30-44 and 30-41 from February 20, 2017 to December 19, 2019, with a fine of $15.00 per day. At the January 7, 2020, Code Enforcement meeting, the property owner, Mr. Jackie Rediker, requested a fine reduction. Magistrate Azcona agreed to reducing it to 10 percent at which time Mr. Rediker explained he receives a monthly disability income and requested to make monthly payments. Magistrate Azcona and Mr. Rediker agreed to $50.00 per month due to the City on the first of each month until the balance is paid in full. Should a payment not be made on time, the Case will be overturned, and foreclosure procedures will begin. Mayor Watford opened the floor for public comments; there was none. It was confirmed through discussion that the Code Enforcement staff will monitor the monthly payments are made on time to the Finance Department. March 3, 2020 Regular Meeting Page 2 of 4 �� Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. C. A motion was made by Council Member Clark to approve the Code Enforcement Special Magistrate recommended fine reduction for Code Enforcement Case No. 17-028, located at 1006 Southwest 5'" Avenue; Legal: Lots 2, 3, and 4, less that part lying West of a line described in Official record Book 257, Page 1677, of Block Y, SOUTH OKEECHOBEE, Plat Book 5, Page 7, Okeechobee County, Florida public records; from $6,615.00 to $661.00 plus the foreclosure filing fee of $400.00 [as provided in Exhibit 5]; seconded by Council Member Jarriel. On December 17, 2017, the property was found in violation of Code Sections 30-44 and 30-43. A fine of $15.00 per day was issued beginning January 19, 2018. On August 14, 2018, the Code Enforcement Board recommended foreclosure, which was approved by the City Council on September 4, 2018. The property remained in violation and under the ownership of Lorene Mott during this time. The City's foreclosure was filed on March 4, 2019. The property was brought into compliance on March 5, 2019. On December 11, 2019, the City filed a voluntary dismissal for the foreclosure due to the property being sold. It was explained at the January 7, 2020, Code Enforcement meeting the property was recently purchased by Mr. David Feltenberger. He requested the fine reduction. Magistrate Azcona recommended the fine reduction as stated above totaling $1,061.00. Mayor Watford opened the floor for public comments; there was none. It was noted for the record that Mr. and Mrs. Feltenberger were in attendance to answer any questions. Council Member Keefe stated he has a better understanding of the Code Enforcement and foreclosure process after discussing the issues Mr. Feltenberger has had to resolve to purchase the property. He asked whether the Council could amend the recommendation from Special Magistrate Azcona. Attorney Fumero explained based on the documents he has reviewed; the Council has retained final authority on these decisions. Council Member Keefe moved to amend the fine reduction to a flat fee of $600.00; seconded by Council Member Clark. Mayor Watford and Council Member Jarriel did not agree to reduce the fine amount further. Each explained that while they understood the situation, they were of the opinion that the Council has a responsibility to uphold the Magistrate's recommendation. Council Members Abney and Keefe voted: Aye. Nays: Mayor Watford, Council Members Clark and Jarriel. Motion to Amend Denied. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Original Motion Carried. D. A motion was made by Council Member Abney to approve an Electric Vehicle Charging (EVC) Equipment Agreement with Florida Power and Light (FPL) [as provided in Exhibit 61; seconded by Council Member Keefe. Administrator MontesDeOca explained the installation of the EVC equipment is another step in making the City parks more innovative. Should the Agreement be approved, this will be the first EVC station in the County. The proposed location, six on -street parking spaces along the Northside of East South Park Street, at the Southwest corner of Block P (City Hall Park) of FLAGLER PARK, CITY OF OKEECHOBEE, Plat Book 1, Page 10, Okeechobee County, Florida public records. The City will be responsible for paying all consumption costs for electricity dispensed, with a third -party provider collecting the fees the users are charged. The provider will then remit the fees collected quarterly to the City. On or prior to January 31 of each year, FPL will make a payment to the City equal to the amount by which the aggregate amount of the City's payments to FPL. FPL will also cover the costs of the infrastructure. March 3, 2020 Regular Meeting Page 3 of 4 He then introduced Ms. Stephanie Mitrione, FPL Area Manager, and Mr. Anuj Chokshi, FPL Project Director of Development. Mr. Chokshi provided information regarding the EVC station, as the proposed installation in the City will be one of a few in the State of Florida. This particular EVC station is universal and not specific to only certain vehicles. It will take approximately 20 to 30 minutes to substantially charge a vehicle. The location of the charging stations would be provided on mobile apps and most map services such as Google. Council Member Abney suggested the EVC station would better serve businesses on the West side of South Park Street. Although that is an ideal location, there are several issues to take into consideration such as the current lack of on -street parking, that additional regular on -street parking spaces will be reassigned to accessible spaces in the coming months, and the multiple festivals held throughout the year. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. VII. COUNCIL COMMENTS Council Member Jarriel reminded everyone of the upcoming Town Hall meeting scheduled for March 11, 2020 at 6:00 P.M. at the Okeechobee Freshman Campus auditorium, and of the upcoming Speckled Perch Festival and Rodeo being held March 14 and 15, 2020. Council Member Keefe questioned the status of the Charter Review. Administrator MontesDeOca responded the City Attorney's costs to provide the Charter Review process will be presented to the Council soon. Council Member Keefe inquired as to the status of the Comprehensive Plan review. Attorney Fumero responded he recently discussed the issue with the City Planner; this is a top priority for him. Council Member Keefe added at a future meeting he would like to discuss the possibility of placing a moratorium on the fees associated with land use applications until the Comprehensive Plan can be reviewed. VIII. There being no further items on the agenda, Mayor Watford adjourned the meeting at 6:46 P.M. The next regular meeting is scheduled for March 17, 2020, at 6:00 P.M. ATT ST: /r Lane Gamiotea, CMC, City Clerk Dowling R. Watf rd, Jr., 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. March 3, 2020 Regular Meeting Page 4 of 4 lsW