2020-03-17 Handwritten MinutesCITY OF OKEEC40BEE, FLORIDA
MARCH 3, 2020, REGULAR CITY COUNCIL MEETING
f(ANUWRIT_'L"EN-MINUTts-,ay LANE gAM10-rE,4
I. CALL TO ORDER
Mayor Watford called the regular session of the City Council
order on Tuesday, March 17, 2020, at ! 0: 00 P.M. in 1
Southeast 3rd Avenue, Room 200, Okeechobee, Florida- -
A. The invocation was offered by lYlw ey bja 4P
B. The Pledge of Allegiance was led by
ATTENDANCE
City Clerk Lane Gamiotea called the roll:
Mayor Dowling R. Watford, Jr.
Council Member Wes Abney
Council Member Monica Clark
Council Member Bob Jarriel
Council Member Bobby Keefe
CITY STAFF:
Attorney John Fumero
Administrator Marcos MontesDeOca
Police Chief Bob Peterson
Fire Chief Herb Smith
Public Works Director David Allen
Deputy City Clerk Bobbie Jenkins
for the City of Okeechobee to
ie City Council Chambers, 55
PRESENT ABSENT
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AGENDA AND PUBLIC COMMENTS IJLJi UMdA All -
A. ---There were requests for the addition, deferral, or withdrawal of agenda
items.. j� CLO u� rti C_ , GX `7 8 e0 a oho - � • Pro t? eft ut l� �
_m�- LA:m F - G . LzN - Proud.�,o 4 -A y QA -
B. Council Member A K, moved to approve the agenda as amended;
seconded by Council Member M(' .
VOTE: ;a�rrie;de
d , Abney___L_, Clark , Jarriel , and Keefe
Motionnied.
There were agenda item forms or comment cards submitted for public
participation for any issues not on the agenda.2nni-��r�Ctcl,s
Urn l� r� (Ul Atb --f "Et� rVWLILX
IV. PRESENTATIONS AND PROCLAMATIONS mom°
-�.ci.Q
A. Mayor Watford proclaimed the month of March 2020 as "Red Cross Month."
He presented the document to Ms. Peggy Dubose, which was read into the record asffollows:
"Whereas, March is American Red Cross Month, a time when we recognize the humanitarian
organization that eases people's suffering during life's emergencies in Okeechobee, across
the United States and around the world. The Coast to Heartland Chapter has a long history
of J elping our neighbors in need by delivering shelter, care and hope during disasters; making
out community safer through its lifesaving Home Fire Campaign; teaching skills that save
lives; and supporting military, veterans, and their families. During this Red Cross Month, we
thank and honor the selfless volunteers, dedicated employees and generous supporters who
mpike this compassionate work possible.
17, 2020 Ha4,vdw YWevvMi vuttek - La ie,(�a4i otea/Palye,1 ofd
Wherea , last year in Okeechobee, 250 Coast to Heartland volunteers worked to help the community
prepare for, respond -to and recover from disasters such as- home fires, floods, tornadoes and
hurricanes. In addition, volunteers helped 303 people affected by 100 home fires in the chapter
jurisdiction by addressing their urgent -needs like food and lodging; and providing recovery support.
Whereas, meanwhile, the Red Cross continues to work with its partners to prevent fire tragedies
through its national Home Fire Campaign, which installed its 2 millionth free smoke alarm last year
and has saved hundreds of lives across the country since launching five years ago. The Coast to
Heartland Chapter and local partners have installed more than 1,000 free smoke alarms and made
more tha .' 545 households safer from the threat of home fires. Whereas, additionally, in this chapter,
the Red Cross provided more than 650 services to our military and taught more than 3,750 citizens
life-saving skills such as First Aid, CPR and swimming. We recognize the volunteer heroes who
donated ihore than 21,000 hours to make this work possible to help our neighbors when they need
a helping hand. Whereas, every day, people in our community depend -6-n-Wo American Red Cross,
whose lifesaving mission is powered by the devotion of volunteers, generosity of donors and
partnership of commu i y organizations. We dedicate �ie month of March to all those who support
its vital work to prevent and alleviate human suffering in the face off emergencies. Now, Therefore,
,its
R: Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, -
Florida, do hereby proclaim March 2020..as- `American Red Cross Month'."
B. On behalf of the City, Mayor Watford and Public Works Director Allen presented Mr. Willie
Hall with a Longevity Service Award
and a framed certificate which read "in recognition of your 5 -years of service, hard word,
and dedication to the City, its ciiizens, and your fellow employees from March'2, 2015
through March 2, 2020."
V. CONSENT AGENDA
A motio was made by Council Member �r '°' to approve the consent agenda items A
--through-�-
[March 3, 2020, Regular meeting minutes;
February 2020 Warrant Register in the amounts: General Fund $489,865.91, Public Facilities
Improvement Fund $9,129.67, Capital Improvement Projects Fund $25,683.11_,- and Law
Enforcement Special Fund 341.00;
temporarily close a po._ ion of Southwest4t"_Street between 5t" and 6th Avenues, April .11, 2020, from
9:00 A.M. to 12:00 P.M. requested by First'Baptist Church for an Easter egg hunt (as provided in
Exhibit 1)1;
secondedlbv Council Member
VOTE:1111'atfor(_)L, Abney_, Clark, Jarriel ,and Keefe
Motion arried Denied.
MAYOR WATF- OR-070-PENED THE PUBLIC HEARING AT CC -S P.M.
A. A motion was made by Council Member U3 to read proposed Ordinance No. 1207
by title only, regarding Comprehensive Plan Small Scale Future Land Use (FLU) Map
=Amend ment-Application No. 20 -001 -SSA, submitted by Mr. Daniel Fitzpatrick on behalf of the
property owners BravoFlorida, LLC and Look There, Inc., reclassifying approximately 1.67
unplatted acres located 'at 604 East North Park Street and along Southeast 6th Avenue, from
Single Family_Residential .(SFR) to Commercial (C) [as provided -in. -Exhibit 2]; seconded by
Council Member
VOTE:Wa , Abney , Clark,,,, Jarriel and Keefe 7
Motion. a� rried/D nied.
F,rDn� his IaP+8p eta
Attorney Fume ro read roposed OrdinanceW). 1207 by title only as follows: "AN ORDINANCE OF
THE CITY OF MECHOBEE.,_E.LDP" AMENDIN T E�OI3XQF nKEECHOREE
COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE
LAND USE MAP--ON-A CERTAIN -TRACT- OF LAND MORE-PAR-TIGULARLY DEtS6CHMMD
lelarclvI7, 2020 jfa tdwrUtevi.M&,wXe*- LaA&CTa. UoftaPam2 of
_-mod Rtsc -� "Jl--
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HEREIN FROM SINGLE FAMILY RESIDENTIAL TO HEAVY COMMERCIAL (APPLICATION NO.
20 -001 -SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND
USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.."
A motion was made by Council ember to adopt proposed Ordinance No. 1.207;
seconded by Council Member
i
Mayor Watford yielded the floor to City Planning Consultant Mr. Ben Smith of LaRue Planning and
Management Services. He presented the Planning Staff findings, oge erwith the Planning Board's
review on February 20, 2020; both recommend approval.
The Amendment was found to be consistent and compatible with the Comprehensive Plan and
adjacent uses. The current surrounding FLU designations are C to the North, Taylor Creek to the
East, SFR to the South, and C and SFR to the West. The surrounding zoning districts are Heavy
Commercial to the North, South and West, and Taylor Creek to the East. The existing surrounding
uses are stores and restaurants to the North, Taylor Creek to the East, outdoor vehicle storage to
the South, and a convenience store and Florida Power and Light utilities to the West. The
Amendment has adequate public facilities available for commercial use. The traffic impact statement
provided an estimated 336 additional vehicle trips, and should not affect the level of service to the
surrounding roadways. There does not appear to be any environmental impacts.
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Mayor Watford opened the floor for public comments; (-1 O-Ak
Lo
VOTE: Watford , Abney , Jarriel \4, and Keefe
Motion. Carried/Denied.
-TEARING CLOSED -A - P.M: —IV—
E --
- v17, 2020 ya.vi.dwr=e-vMautek-La*ie,(Ca+n ootecvPage,3 of �
.. L NEW BUSINESS_
A. A motion was made by Council Member A to read proposed Ordinance No. 1202
by title only, and set the Final Public Hearing date for April 7, 2020, regarding update the
five-year Capital Improvement EleMe t f the Comprehensive Plan [as rrovided in Exhibit 3];
seconded by Council Member. �/ ?
VOTE: W , Abney, Clark 1� , Jarriel�, and Keefe.
Motio r�D nied.
Attorney Fumero read proposed Ordinance No. 1202 by title only as follows- "AN ORDINANCE OF
THE CIT OF OKEECHOBEE, FLORIDA; UPDATING THE FIVE-YEAR SCHEDULE OF
CAPITA MPROVEMENTS OF THE CITY'S COMPREHENSIVE PLAN AS MANDATED BY
FLORID STATUTES SECTION 163.3177(3)(b); PROVIDING_FOR CONFLICT; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE."
Council Member moved to approve the first reading of proposed Ordinance No.
4202; seconded by Council Member '
I I
--Planning Consultant Smith explained that the element reflects the Capital Improvement item
amounts adopted in the Fiscal Year 2019-'Q0 Budget and is a modification, not a text amendment,
--o the Comprehensive Plan. L1 ctab ,, rvA- Lk(tLtJi'► Aktt • Q v__
Mayor tford asked if there were any questions from the public.
�I
J
mu, Abaf
VOTE: Wa rd , Abney Clark Jarr_ilel and Keefe .
Motion arriedll) ied.
Ma.rcltiY7, 2020 No4jAwr%ttewMUu ek-Lam(�a*nio-tealPage,4 of g'
B. A motion was made by Council Member to read proposed Ordinance No. 1208
by title only, and set the Final Public Hearing date for April 7, 2020, regarding amending the
Firefighters' Pension Fund to include Firefightec.,Cancer Presumption language [as provided
in Exhibit 4]; seconded by Council Member
VOTE: Watford � 4 _ , Abney , Clark ' , Jarriel , and Keefe Y7
Motiona_irrie /Denied.
Attorney Fumero read proposed Ordinance No. 1208 by title only as follows: "AN ORDINANCE OF
THE CITY OF OKEECHOBEE FURTHER AMENDING THE CITY OF OKEECHOBEE MUNICIPAL
FIREFIGHTERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE 889, AS
SUBSEQUENTLY AMENDED; AMENDING SECTION 8, DISABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE."
Council Member UO moved to approve the first reading of proposed Ordinance No. 1208;
seconded by Council Member
Pension Board Attorney Scott Christiansen provided a memorandum with Exhibit 4 that explained
the proposed Ordinance includes amended language recently adopted by the Florida Legislature in
Florida Statutes 112.1816(1)(a).
Ir1(9�
VOTE: Watfo , Abney j,_&rkLL Jarriel , and Keefe.
Motion2 arried/D-enied.
Mawdv 17, 2020 3-f a.vi"r tie ,v M&nate4, - La ud (aa*niotw,Pafi 5 of
C. Ms. Courtney Moyett with Tobacco Free Partnership of Okeechobee provided the Council
with literature [as provided in Exhibit 5] pertaining to the regulation of tobacco retail licensing
and how electronic cigarette (e -cigarette) sales are unregulated. Though one in four youth in
Okeechobee County have used e -cigarettes, there are no restrictions on who can sell them
or where they can be sold. Local cities and counties throughout the nation have taken s eps -
to ensure that e -cigarettes are regulated and monitored in their communities by including e -
cigarettes in the definition of a tobacco product when establishing a local tobacco retail
licensing ordinance. By incorporating e -cigarettes into the policy, retailers selling e -cigarettes
must abide by the same requirements and penalty structure as those selling other tobacco
products. The Tobacco Free Partnership of Okeechobee is actively discussing the ways such
an ordinance could benefit our community, as there currently is no tobacco retail licensing
ordinance in Okeechobee County.
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� CITY OF OKEECHOBEE, FLORIDA
m
ww- o MARCH 17, 2020, REGULAR CITY COUNCIL MEETING
k»;r HANDWRITTEN MINUTES BY BOBBIE JENKINS
I. CALL TO ORDER
Mayor Watford called the regular session of the City Council for the City of Okeechobee to order
on Tuesday, March 17, 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 Mayor Watford.
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.
Lane will be leaving by 7:00 should the meeting run longer.
III. AGENDA AND PUBLIC COMMENTS
A. New Business Item VII.E. was added. Discuss County Alcohol Ordinance Item F. Update
on Contract from County on Fire Item G.
B. Council Member _BK moved to approve the agenda as amended; seconded by
Council Member BJ
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
C. Mrs. Jennifer Tewksbury with the ECOK spoke regarding the live streaming of meetings.
Mayor — discussed before. MDO-very costly, bring it back to Council. LG -ADA compliant.
MC -do it at County if necessary. MDO-will get the info. Mayor -don't know how you get an
exemption from ADA.
IV. PRESENTATIONS AND PROCLAMATIONS
A. Mayor Watford proclaimed the month of March 2020 as "Red Cross Month." He
presented the document to Mr. and Mrs. John and Peggy Dubose, which was read into
the record as follows:
"Whereas, March is American Red Cross Month, a time when we recognize the humanitarian organization that eases
people's suffering during life's emergencies in Okeechobee, across the United States and around the world. The Coast to
Heartland Chapter has a long history of helping our neighbors in need by delivering shelter, care and hope during
disasters; making our community safer through its lifesaving Home Fire Campaign; teaching skills that save lives; and
supporting military, veterans, and their families. During this Red Cross Month, we thank and honor the selfless
volunteers, dedicated employees and generous supporters who make this compassionate work possible. Whereas, last
year in Okeechobee, 250 Coast to Heartland volunteers worked to help the community prepare for, respond to and
recover from disasters such as home fires, floods, tornadoes and hurricanes. In addition, volunteers helped 303 people
affected by 100 home fires in the chapter jurisdiction by addressing their urgent needs like food and lodging; and
providing recovery support. Whereas, meanwhile, the Red Cross continues to work with its partners to prevent fire
tragedies through its national Home Fire Campaign, which installed its 2 millionth free smoke alarm last year and has
saved hundreds of lives across the country since launching five years ago. The Coast to Heartland Chapter and local
partners have installed more than 1,000 free smoke alarms and made more than 545 households safer from the threat
of home fires. Whereas, additionally, in this chapter, the Red Cross provided more than 650 services to our military and
taught more than 3,750 citizens life-saving skills such as First Aid, CPR and swimming. We recognize the volunteer
heroes who donated more than 21,000 hours to make this work possible to help our neighbors when they need a
helping hand. Whereas, every day, people in our community depend on the American Red Cross, whose lifesaving
mission is powered by the devotion of volunteers, generosity of donors and partnership of community organizations.
We dedicate the month of March to all those who support its vital work to prevent and alleviate human suffering in the
March 17, 2020 Regular Meeting Page 1 of 9
face of emergencies. Now, Therefore, I, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the
City of Okeechobee, Florida, do hereby proclaim March 2020 as 'American Red Cross Month'."
B. On behalf of the City, Mayor Watford and Public Works Director Allen presented Mr. Willie
Hall with a Longevity Service Award and a framed certificate which read "In recognition
of your 5 -years of service, hard word, and dedication to the City, its citizens, and
your fellow employees from March 2, 2015 through March 2, 2020." David -created a
position of lead operator. Since that time, Willie will be our 3rd Lead Operator. Recognized
as someone we can trust to go out there and get the job done. He suggests
improvements, he's always willing to work outside of his comfort zone. Great sense of
humor.
V. CONSENT AGENDA
A motion was made by Council Member _WA to approve the consent agenda items
A through C [March 3, 2020, Regular meeting minutes; February 2020 Warrant Register
in the amounts: General Fund $489,865.91, Public Facilities Improvement Fund
$9,129.67, Capital Improvement Projects Fund $25,683.11, and Law Enforcement
Special Fund $341.00, the complete list is included in the minute file;; seconded by
Council Member _BJ
BK -would it be wise to discuss event applications already approved or deny newly
submitted. Pulled Item C to discuss.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
Discussion on: Mayor -asked MDO. MDO-dictate more policy than street closure. This
permit comes to Council due to streets. Council can deny the application due to the state
of emergency. Can ask FBC to cancel themselves.
Attorney -3rd option, emergency resolution, in that resolution, accofding to state law, the
mayor with Police Chief can exercise certain measures, including closing public places.
Rather than making some proclamation today, may consider allowing the resolution to
give you and Chief that discretion to make decisions based on available information.
Mayor -approve conditionally. Lane -the event itself is part of the application. Mayor -can't
tell them they can't have their event.
Attorney -yes you can under state law.
BK -motion to approve temporarily close a portion of Southwest 4th Street between 5th and
6th Avenues, April 11, 2020, from 9:00 A.M. to 12:00 P.M. requested by First Baptist
Church for an easter egg hunt (as provided in Exhibit 1); seconded by Council Member
BJ.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
VI. MAYOR WATFORD OPENED THE PUBLIC HEARING AT _6:22 P.M.
A. A motion was made by Council Member _WA_ to read proposed Ordinance No. 1207
by title only, regarding Comprehensive Plan Small Scale Future Land Use (FLU) Map
Amendment Application No. 20 -001 -SSA, submitted by Mr. Daniel Fitzpatrick on behalf
of the property owners BravoFlorida, LLC and Look There, Inc., reclassifying
approximately 1.67 unplatted acres located at 604 East North Park Street and along
Southeast 6th Avenue, from Single Family Residential (SFR) to Commercial (C) [as
provided in Exhibit 2]; seconded by Council Member _BJ
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
Attorney Fumero read proposed Ordinance No. 1207 by title only as follows: "AN
ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF
OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY
REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE
PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO
COMMERCIAL (APPLICATION NO. 20 -001 -SSA); PROVIDING FOR INCLUSION OF
March 17, 2020 Regular Meeting Page 2 of 9
ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE
PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.."
A motion was made by Council Member_MC to adopt proposed Ordinance No. 1207;
seconded by Council Member _BK_
Mayor Watford yielded the floor to City Planning Consultant Mr. Ben Smith of LaRue
Planning and Management Services. He presented the Planning Staff findings, together
with the Planning Board's review on February 20, 2020; both recommend approval.
The Amendment was found to be consistent and compatible with the Comprehensive
Plan and adjacent uses. The current surrounding FLU designations are C to the North,
Taylor Creek to the East, SFR to the South, and C and SFR to the West. The surrounding
zoning districts are Heavy Commercial to the North, South and West, and Taylor Creek
to the East. The existing surrounding uses are stores and restaurants to the North, Taylor
Creek to the East, outdoor vehicle storage to the South, and a convenience store and
Florida Power and Light utilities to the West. The Amendment has adequate public
facilities available for commercial use. The traffic impact statement provided an estimated
336 additional vehicle trips, and should not affect the level of service to the surrounding
roadways. There does not appear to be any environmental impacts.
Pg 7 of staff report shows FLU. You can see the arrows pointing to the portion of the
properties changing. Zoning heavy commercial. Change make consistent. Applicant is
present for questions.
MDO-TRC has already approved the project.
Mayor Watford opened the floor for public comments; there were none.
Mayor -drive thru currently backs up onto City Streets. No other council comments.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
THE PUBLIC HEARING CLOSED AT 6:28 P.M.
VII. NEW BUSINESS
A. A motion was made by Council Member _WA_ to read proposed Ordinance No. 1202
by title only, and set the Final Public Hearing date for April 7, 2020, regarding updating
the five-year Capital Improvement Element of the Comprehensive Plan [as provided in
Exhibit 3]; seconded by Council Member _BJ
Mayor Watford, Council Members Abney, Clark, and Jarriel, voted: Aye. Nays:
none. Absent: Keefe. Motion Carried.
Attorney Fumero read proposed Ordinance No. 1202 by title only as follows: "AN
ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; UPDATING THE FIVE-
YEAR SCHEDULE OF CAPITAL IMPROVEMENTS OF THE CITY'S
COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES SECTION
163.3177(3)(b); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE."
Council Member _BK_ moved to approve the first reading of proposed Ordinance No.
1202; seconded by Council Member _MC
Planning Consultant Smith explained that the element reflects the Capital Improvement
item amounts adopted in the Fiscal Year 2019-2020 Budget and is a modification, not a
text amendment, to the Comprehensive Plan.
Mayor Watford asked if there were any questions from the Council; there were none.
BK -in looking at this and reading the item D DEO grant, um agreement, sorry, is this
affected by this requirement. You know what Im saying. It requires us to do an update or
amendment to.
March 17, 2020 Regular Meeting Page 3 of 9
MDO-1 understand, this goes back to the LDR's.
BK -1 know its no longer an amendment.
Ben -you've already adopted these in your budgets
MDO-this would follow the supplemental. We still have to do our annual requrirments, this
is just a supplemental item after we finish the itme.
MC -is the 9t" avenue signal, is there any contribution on our part at all.
MDO-FDOT solely, plans have been reviewed, anticipate next 6 to 8 monhts.
Mayor Watford, Council Members Abney, Clark, and Jarriel, voted: Aye. Nays:
none. Absent: Keefe. Motion Carried.
B. A motion was made by Council Member MC_ to read proposed Ordinance No. 1208
by title only, and set the Final Public Hearing date for April 7, 2020, regarding amending
the Firefighters' Pension Fund to include Firefighter Cancer Presumption language [as
provided in Exhibit 4]; seconded by Council Member BK_.
Mayor Watford, Council Members Abney, Clark, and Jarriel, voted: Aye. Nays:
none. Absent: Keefe. Motion Carried.
Attorney Fumero read proposed Ordinance No. 1208 by title only as follows: "AN
ORDINANCE OF THE CITY OF OKEECHOBEE FURTHER AMENDING THE CITY OF
OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED
PURSUANT TO ORDINANCE 889, AS SUBSEQUENTLY AMENDED; AMENDING
SECTION 8, DISABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE."
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
Council Member _WA_ moved to approve the first reading of proposed Ordinance No
1208; seconded by Council Member _BJ_
Pension Board Attorney Scott Christiansen provided a memorandum with Exhibit 4 that
explained the proposed Ordinance includes amended language recently adopted by the
Florida Legislature in Florida Statutes 112.1816(1)(a).
Mayor -this is to meet current state statute. Very lengthy actuary statement. Any questions
from the Council. No public comment. No council comments or questions.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
C. Ms. Courtney Moyett with Tobacco Free Partnership of Okeechobee provided the Council
with literature [as provided in Exhibit 5] pertaining to the regulation of tobacco retail
licensing and how electronic cigarette (e -cigarette) sales are unregulated. Though one in
four youth in Okeechobee County have used e -cigarettes, there are no restrictions on
who can sell them or where they can be sold. Local cities and counties throughout the
nation have taken steps to ensure that e -cigarettes are regulated and monitored in their
communities by including e -cigarettes in the definition of a tobacco product when
establishing a local tobacco retail licensing ordinance. By incorporating e -cigarettes into
the policy, retailers selling e -cigarettes must abide by the same requirements and penalty
structure as those selling other tobacco products. The Tobacco Free Partnership of
Okeechobee is actively discussing the ways such an ordinance could benefit our
community, as there currently is no tobacco retail licensing ordinance in Okeechobee
County.
Tobacco is an ongoing florida crisis. This is something we need to continue to address and pay attention
to. This is to educate you. You have a brief overview of the licensing. The main purpose is because
right now since tobacco 21 has passed on the federal level but not the state level, grey areas on local
decision making. Enacting licensing, it allows City to make own laws. Since Tobacco 21 is only enforced
by the FDA. Compliance checks are unlikely. Only been to Miami and St. Pete. A good thing to do is
make your own ordinance. Many of you have heard the flavored tobacco. There's always a loophole
and grey area. May be one of the reasons to make your own ordinance. Nobody monitors vape shops.
March 17, 2020 Regular Meeting Page 4 of 9
Exemptions does not include disposables. You can also charge a fee. Right now if you go on a state
website, you can keep track of everyone. Fee to pay for staff to go out. Another idea not to let any new
retailer to open 1,000 feet from a school. Youth starts with flavored disposables. Quick overview. 31 in
34972, 77 total in the County that sales tobacco products. $50 fine is the biggest punishment.
Mayor -do you know of others?
Two in Broward, Dixie County, Martin County on agenda, Fort Lauderdale.
BJ -has this been presented to the County?
CM -not yet
BK -did they also pass a smoking ban in public parks. Are you familiar with state legislature passing that
at a state level.
CM -its coming. Passion of mine, tobacco should not be used in County parks. Almost every county in
the state has laws against using tobacco in parks. Activities take pictures to document tobacco trash
and litter, City parks have very limited litter, can not say that about the County. Many creative ways to
get around that.
BK -can you speak to the penalties mentioned on page 4 of this document. It talks about typically the
under age purchasers are penalized not the seller.
CM -not should be punishing the youth, punish the retailer and their staff. One of the things that we
advocate for.
BK -but the federal or state level doesn't preempt?
CM -bill died last week, shouldn't be that way.
Mayor -any other questions.
WA-im confused. If I want to go by cigarettes today do I have to be 18 or 21?
CM -21 but no one is going to be checking
WA -so no one can enforce?
CM -probably not.
WA -distance away from schools now?
MDO-only alcohol.
Mayor-suggest/recommend if one of the Council feel led, contact the Administrator and have he and
the attorney get together to work on it.
MDO-there are also public meetings
CM -Apr. 14th meeting at beef's.
Atty-have your organization developed a model ordinance
CM -yes
Mayor -get to MDO
CM -yes
D. A motion was made by Council Member _MC_ to approve Florida Department of
Economic Opportunity Grant Agreement No. PO368 in the amount of $7,450.00 [as
provided in Exhibit 6]; seconded by Council Member _BK_
Administrator MontesDeOca explained the Grant reimburses the City up to $7,450.00 for
the following as per the Grant Scope of Work. The City shall prepare a draft Economic
Development Element for the City of Okeechobee Comprehensive Plan. The City shall
complete a review of the Comprehensive Plan and Land Development Code to identify
inconsistencies between future land use and zoning, and shall prepare a report identifying
the inconsistencies. Based on the report, the City shall prepare draft amendments to the
Comprehensive Plan and/or Land Development Code to resolve inconsistencies and to
support successful economic development. The City shall prepare draft amendments to
the Land Development Code to address disaster resiliency and update the sign
regulations. The City shall prepare a schedule (dates) of anticipated public hearings to
formally consider amendments to the Comprehensive Plan and Land Development Code.
No questions from the Council.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
E. ITEM ADDED TO AGENDA. Council Member _MC_ moved to approve proposed
Resolution No. 2020-02, declaring a state of emergency within the City of Okeechobee
due to COVID 19; seconded by Council Member _BK_
MDO-obviously every event now, things are changing minute by minute. Additional avenues to get
sanitary supplies, seek federal reimbursement "get info from MDO". May or may not need this but better
be safe than sorry. Will give the Mayor and Police Chief to change requirement/curfew. No more than
March 17, 2020 Regular Meeting Page 5 of 9
7 days at the local level. Reached out to the Governors office, no response. A lot of cities have done it.
Belle Glade and Pahokee are locked down.
Mayor -Tiffany with the FL Dept of Health.
Tiffany Collins -governor gave 15 days to the end of the month. As of 3 5702, FL 173. FL deaths, 6,
pending cases (tests) 1072, public health officials, currently monitoring 558 self monitoring individuals.
One way that we can maintain. Contact tracing, test them, positive, asking them where have you been
in the last 14 days. Contact within 6 feet. All recommending you advise your residents, visitors, and
staff to limit meetings to virtual if possible, do social distancing, clean frequently touched areas with
appropriate sanitation chemicals, we have been working very hard to send out messaging to the entire
community. Work with hospitals and medical providers, implemented incident team in January. This
week we have opened up our call center. Multiple calls have come in. If people are not feeling way,
stay home. They need to call their provider, don't overwhelm emergency room. Call health department
and we can help triage them. County and City have been great support in taking guidance we provide.
As far as prevention, washing hands 20 seconds with soap and water, or hand sanitizer. Suggest hand
washing stations if you can or hand sanitizer. Advise them to stay home if sick, don't come into contact
with sick people. We have enacted the emergency response plan. REsidnets have a right to be
concerned. DOT is doing calls to ports. If sea vessel is known to have been exposed, CDC, state level
will provide local authorities of address of individuals to monitor. Nursing homes on lock down from
visitation for 30 days. We've been working with EMS to take proper airborn precautions. Labrotary
testing: collection kit takes a sample to test (hospital an health department). Waiting on supplies. Tampa
Jacksonville and Miami labs -ours is in Miami. No test kits in County. Floridahealth.gov; cdc.gov; daily
press releases on florida dept of health website. Dashboard. Local daycares, schools, school districts
working with them. Governor activated limited number of national guard stationed at camp blanding.
DOC is limiting visitors, FDLE is working also. DPBR regulating EO 20-68 has been enacted "she read
from EO directly". 877-741-3400 Veteran Hotline number. Visitflorida is looking at future campaigns of
marketing post pandemic. SOE toll free 866-308-6739 M -F 8-5, any voters asked to be self isolated, if
they haven't already voted, this provides options. Implemented daily updates. Trying to keep everyone
aware. Signage, flyers, etc. can be provided by my office. State EOC activated to level 1 on the 14tH
Mayor -one question I get is we have no reported cases. Has anybody been testd in Okee County
TC -Dept of Health not sharing number tested in county, just state due to HIPPA.
Mayor -clarify if I thought that I had that, what do I do?
TC -screening tool is pretty simple. Do you have symptoms? Fever, shortness of breath, cough. Key is
shortness of breath. 80% of population is going to recover at home. 15% will have severe symptoms,
5% extreme.
Mayor -take advil?
TC -have you traveled internationally anywhere or have you been on a cruise? Have you been exposed
to someone that has been confirmed. Suggest call provider and/or call the County Health Dept and
further triage you.
MC -how many collection sites?
TC_ER and County Health Dept.
MC -do you have to be a patient for the testing
TC -ER wants to treat
Mayor -so call County Health Dept
TC -you have to meet the criteria to be tested because there is a finite amount of tests. These are
common symptoms. Your doctor needs to rule out things. There's test to be run prior to testing.
MDO-appreciate all the time and effort she has done to answer questions.
TC -County Health Dept 863-462-5800 main line. Dept of Health Hotline 1-866-779-6121.
Attorney Fumero read proposed Resolution No. 2020-02 by title only as follows: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA
DECLARING A PUBLIC HEALTH EMERGENCY DUE TO COVID-19 AND
ESTABLISHING EMERGENCY PROTOCOLS.
WA -what has the County done?
Mayor -met yesterday at 5. Did not declare a state of emergency, paraphrase discussion,
they felt like they didn't want to add to this panic atmosphere and they were afraid if they
issued a state of emergency it would add to this panic. Discussed EOC going to level 2,
they did not do that yesterday, but I don't know what they did at their 4:30 meeting today.
It was 3-2, those opposed didn't feel like we were at a point that we needed to do that as
there are no reported cases in our area or heartland area. I will see that Commissioner
Owens made a statement, "we don't wait for the hurricane to hit to declare a state of
emergency, we do it before hand to have things in place."
WA -appreciate the dialogue. Are we going to vote on this. I'd like to have some
discussion.
March 17, 2020 Regular Meeting Page 6 of 9
Mayor -main reason to do this is if and when FEMA funds become available, this just
makes you eligible for those funds to recoup costs. It gives you some, as you can see in
here, a little discretion to do things, in an extreme dcase, if it came to a point to do a
curfew, I don't think we're anywhere close to that, but it jus tgives you the ability. I want
to make this clear, Poplice Chief and MDO are tired of hearing me, personally I think we
as a society have somewhat overreacted to this. We've kind of got off of that track. I will
say that after I've listened to the Health Department, we do need to take this serioiusly.
The problem is we're here now and we've got to react to it. The only concern , headline
creates hysteria. "City declares state of emergency" will generate all kinds of calls.
WA -id like to get other opinions, I definitely want to do the right thing, or the council do
the right thing, I understand it's a check box scenario that enables the city to do things if
they need to, but do we need to?
MDO-staff level, im not an expert, Chief and I have daily meetings, we try to look out for
the public, if it comes down from the state level, trying to be independent, we look at whats
best for the citizens. This is something we feel as a staff level, is necessary. Last week it
was just wash your hands, now not even a week look at the progression. This is a tool in
our toolbox.
WA -is this staff recommendation
MDO-do it now because of the scenario we're in. Just because of the not knowing. This
closes nothing, it literally does not change anything that we do right now. Doesn't change
how the city works.
WA -it brings a point, if we do this, does that change anything at the staff or council level?
MDo-if there is some supplies we need.
WA -does it give the Mayor or Chief of police more power.
Atty-yes
WA -I'd like to know what those are.
Atty-yes sir, it very much so empowers the police chief in consultation with the mayor to
implement a number of discretionary laws. Some of the measure are a bit odd, sale of
alcohol, prohibit possession of alcohol in public, close public or private area events,
prohibition, sale, transfer of gasoline, liquids, maintaining liquids in public. Prohibit public
assemblage. 26 counties. Mayor's point is a good one, in my mind what this does, if god
forbid a situation presents itself when we don't have time to implement, it does set the
stage for fema reimbursement, sets the stage for emergency procurement measures,
gives power to one individual, my opinion this resolution establishes platform for
expedited measures.
WA -Police Chief and Mayor have to agree?
Atty-yes; drafted this to have mayor as check and balance for the police chief.
BJ -what you brought up is questions I had. Received misinformation so many times. I'd
like to know who made the decision to cancel the parade. Who cancels?
Mayor-OKMS and Police Chief
Bob -last thurshday government gave a news conference, strongly suggested cancel
events of mass attendane. I met with MDO and Mayor and watched the briefing. The best
way to handle these is to have the event organizers to cancel themselves. We couldn't
put a screening protocol in place. OKMS canceled parade and festival, at 5:30 Thursday,
the festival was reinstated. I notified my personnel to start making arrangements for their
families. Next morning I read Police Dpet cancelled because they didn't have cops, not
true.
BJ -did we recommendd they cancel?
MDO-yes based on the recommendation of the governor.
Bob -but lets remember we are following his recommendation, as he knows better than
anyone. When the governor strongly recommends, I find it hard not to take his
recommendation. Plus we don't have the capabilities to screen attendees.
WA -confirm City Staff recommended and Main Street chose to go with recommendation
that night?
MDO-yes but around 4:30.
BJ -shouldn't we have been polled?
Bob -no reason to call the Council to session, because they cancelled.
Mayor -felt like the festival should go on. And Angie did reach out to me sometime to me
that night that her board did not agree with her decision. Cattlemen went ahead with
rodeo.
BJ -what happened is when I read this, I don't want that to go out, we don't have a state
of emergency?
March 17, 2020 Regular Meeting Page 7 of 9
MDO-side note, have you been to Walmart, publix, any where? It already exists. Just to
go back to the main street issue, if you're asking staff's recommendation, we were not
going to recommend anything different than the governor or health department.
Bob -we are all concerned with the health and welfare of everyone. WE are going to be
feeling it for a while, those decisions are always emotional. But to ome, the governor of
the state of florida, and I assume nobody has more information than he does, but if I know
something he doesn't know, what choice do we have. Now its not just the governor, it's
the president.
Mayor -I agree I wish we could call this state of preparedness instead of emergency
Bob -since the meeting convened 40+ confirmed positive in florida.
WA -I want to discuss what policies or procedures are in place for things that are not
emergencies but big events. I feel that we should have something where everyone is on
the same page and everyone knows what that page is, since what transpired last week.
Miscommunication and news could have been shared in a better light.
Mayor -happened so quickly. Churches canceled service, and we've come to an
agreement of what to do with this recommendation of mass gatherings. Several people
were divided. Pastor said something "I would hate to say we're going to have church with
all the recommendations out there and one of our members catch the virus from another
member, and we allowed that to happen." I think it should be my decision to make. That
comment made me rethink my position.
WA -hopefully a procedure can be put in place. I got calls, why is the parade cancelled?
Why aren't there any police.
Mayor -in defense, that responsibility has to go on OKMS. Angie agreed with that
recommendation. She could have said we're not cancelling but overnight it changed, and
it put us in a position because we already canceled traffic control.
WA -we didn't know and were getting calls.
MDO-at the end of the day, what was determined was just the recommendation.
BK -where did the LE comment come from? So that was the cop out that was given.
TC -so its not just limiting mass gatherings. Angie did call me and what I communicated
to her, it was limiting it to a 1,000 individuals, and if it put a strain on emergency officials,
and cancelling any events bringing in outside entities. Health Dept's recommendation was
to cancel it, implement screening tools. Advise her she did not have the capabilities to do
the screening as state guidelines.
WA -state of emergency exists, should we not put in the word may exist.
Atty-I believe it is a yes or no question. I think we can put some language here saying
what we talked about that this is mainly to empower individuals to make emergency action
if and when. FS states it has to state it exists
BK -Abney president declared a nationwide emergency, governor has declared a state of
emergency, purely, you can call it whatever you want, but for the purposes it is intended
for it has to say state of emergency. I don't want to have daily meetings like the
commissioners are intending to do, I would like the Mayor and police chief have the ability
to make decisions that require timely responses versus having to call an emergency
public meeting, that in itself saves time and effort. Going back to mayors comment, as a
whole we are overreacting, here in America we have more of an individualistic mindset,
we think about ourselves before community, state of preparedness bottom line. No cases
confirmed in Okeechobee.
MC -not testing, two weeks ago I called so when did you start testing.
TC -enacting action team Jan. 28th. As a state employee, I can not recommend. I can offer
a scenario, if tomorrow there's a positive, would that change your mind?
MC -i called your department two weeks ago, I was told to go to my provider, provider
doesn't provide, go to urgent care, urgent care doesn't provide it, then called back and
was told to go to the ER because that's only place for testing. So when we don't have any
confirmed cases in County or surrounding counties, no one is worried. But we may have
people walking around with the virus who don't know because there is not a known place
for testing. I think what happens, you're right, if we had one case in a ten county area, we
would be thinking different. We need to do something to take it seriously. I think Wes is
saying we should be informed because we were getting the phone calls and we didn't
know. Broward County has drive thru but we have to be admitted into the hospital to be
tested, and that's sad.
TC -I apologize for frustration, this changes hourly. However, we have been testing. We
have to follow CDC guidance.
MC -when did you do the first test at the health department?
TC -I'm not willing to share that information with you, Jan. 28, 2020, incident action plan.
We enacted protocols. However, that doesn't mean we're not testing. Your point is valid.
March 17, 2020 Regular Meeting Page 8 of 9
There is a finite amount of tests. So basically when it comes to an outbreak there's a
curve of when you start seeing the spike in cases and the when we are on the mend.
These procedures are implemented to prevent a large spike, over a period of time, to
flatten the curve.
MDO-email forwarded of you from Pigman shows a visual.
BJ -I know our president said it isn't than it is, there are too many ifs, and at this point, I'm
not willing to vote for this. I think we should sit back and use common sense.
MDO-we may not have the ability to get our dollars back
WA_i've heard everything that you've said, president declared, governor declared, more
than 20 counties declared, in favor as it doesn't hurt to do it, and need and then not do it
and need it.
Atty-so that its clear, MDO cannot poll council members. There is actually AGO's, that's
circumventing the Sunshine Law. There are several council and commissions wanting to
hold meetings telephonically and we're hoping the governor signs off on it. If a situation
arises, empowers certain individuals to act expeditiously.
Mayor Watford, Council Members Abney, Clark, and Keefe voted: Aye. Nays:
Jarriel. Motion Carried.
Bob -I understand what Abney is saying, I take responsibility for that and I will make sure
we have good notification.
Mao
F. Discuss County alcohol — add to next agenda because long meeting.
G. Update on Fire Contract -no update have not received anything from the County.
BJ -talked to Burroughs Saturday and they will have something at the next meeting to
discuss.
VIII. COUNCIL COMMENTS
MC -i apologize but Tiffany has already left, but I was absolutely furious. Apologize publicly but it was
bad.
IX. There being no further items on the agenda, Mayor Watford adjourned the meeting at _8:12_
P.M. The next regular meeting is scheduled for April 7, 2020, 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 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 17, 2020 Regular Meeting Page 9 of 9