2020-03-17 Adopted Minutes0E- H' H .
CITY OF OKEECHOBE;E, FLORIDA
_oa MARCH 17, 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 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. City Clerk Gamiotea noted for the record she would need to leave
the meeting prior to 7.00 P.M. as she has Canvassing Board duties at the Supervisor of Elections
office; Deputy Clerk Jenkins would handle the remainder of the meeting.
III. AGENDA AND PUBLIC COMMENTS
A. New Business Items VILE., VII.F., and VII.G. were added.
B. Council Member Keefe moved to approve the agenda as amended; seconded by Council
Member Jarriel.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
C. There was one comment card submitted by Mrs. Jennifer Tewksbury with the Economic
Council of Okeechobee, who suggested the City Council reconsider live streaming
meetings. It was explained this option has been explored in the past and is extremely
costly. It was suggested the Administrator inquire about 'the use of the County
Commission Chambers temporarily during the COVID-19 pandemic, as their facilities can
provide live streaming of public meetings with the required closed captioning for
Americans with Disabilities Act compliance.
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 famiilies. 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 Roo]
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.
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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 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, Jr. with a Longevity Service Award being a silver pen engraved with his name 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 March 2,
2015 through March 2, 2020."
CONSENT AGENDA
A motion was made by Council Memt
through B, removing item C [March
Warrant Register in the amounts:
Improvement Fund $9,129.67, Capital
Enforcement Special Fund $341.00,
seconded by Council Member Jarriel.
er Abney to approve the consent agenda items A
2020, Regular meeting minutes; February 2020
General Fund $489,865.91, Public Facilities
Improvement Projects Fund $25,683.11, and Law
the complete list is included in the minute file];
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
Council Member Keefe requested item C be removed from the consent agenda for
discussion as this event could potentially be cancelled due to the public gathering
guidelines in reference to the COVID-19 pandemic. Administrator MontesDeOca
explained this permit comes to the Council due to temporarily closing a portion of the City
street for safety during a community event. The Council can deny the application due to
the Governor's State of Emergency regarding the COVID-19 pandemic, or can request
that First Baptist Church cancel the Easter egg hunt themselves. Attorney Fumero
provided another option. Should New Business Item VII.E., which was added to the
agenda as a proposed Resolution declaring a local State of Emergency, be approved
then according to state law the Mayor along with the Police Chief can exercise certain
measures, including closing public events. Rather than make the decision today, consider
allowing the Resolution to give that discretion to make decisions based on information
available at that time.
Council Member Keefe moved to approve temporarily closing a portion of Southwest 4th
Street between 5th and 6th Avenues on 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 Jarriel.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:22 P.M.
A. A motion was made by Council Member Abney 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 Jarriel.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
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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. 20-001413SA); 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 Member Clark to adopt proposed Ordinance No. 1207;
seconded by Council Member Keefe.
Mr. Fitzpatrick is proposing to construct a new Burger King restaurant to be located on
and encompass three unplatted parcels, each being approximately 0.41, 0.43, and 0.91
acres. The Application addresses two of the three parcels, whose zoning is Heavy
Commercial. One being the 0.41 -acre parcel located at 604 East North Park Street
situated between the existing location of a Burger King restaurant and Taylor Creek. The
second is the 0.43 -acre parcel together with Lots A to D of Block 252, REPLAT OF
BLOCKS 252, 253, and 254, Plat Book 2, Page 4, Okeechobee County public records.
This area totals approximately 1.26 acres and is located along Southeast 6th Avenue. The
0.91 -acre parcel is located at the corner of East North Park Street and Southeast 6th
Avenue, is the existing location of a Burger King restaurant, is not part of the Application,
as the FLU classification for it is already C. Lots A to D of Block 252 are noted to be for a
future development (refer to Petition No. 20 -001 -TRC for further information).
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 Application 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 a mix of 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, a convenience
store and Florida Power and Light substation 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. Mr.
Robin Kendall was present on behalf of the property owners. Mayor Watford asked if
there were any questions from the public; there were none.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:28 P.M.
VII. NEW BUSINESS
A. A motion was made by Council Member Abney to read proposed Ordinance No. 1202 by
title only, and set April 7, 2020, as the Final Public Hearing date, regarding updating the
five-year Capital Improvement Element of the Comprehensive Plan [as provided in Exhibit
3]; seconded by Council Member Jarriel.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. 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
March 17, 2020 Regular Meeting Page 3 of 7
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163.3177(3)(b); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.,'
Council Member Keefe moved to approve the! first reading of proposed Ordinance No.
1202; seconded by Council Member Clark.
Planning Consultant Smith explained this update is an annual requirement by the State.
It reflects the City's Capital Improvement Projects as adopted in the Fiscal Year (FY)
2019-20 Budget including proposed projects, through FY 2023-24, the FY 2018-19
through 2022-23 Okeechobee County School Board District Summary of
Revenue/Expenditures available for New Construction and Remodeling Projects Only,
and their Capacity Project Schedules. Mayor Watford asked if there were any questions
from the public; there were none. There was a brief discussion on this item.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
B. A motion was made by Council Member Clark to read proposed Ordinance No. 1208 by
title only, and set April 7, 2020, as the Final Public Hearing date, regarding amending the
Firefighters' Pension Fund to include Firefighter Cancer Presumption language [as
provided in Exhibit 4]; seconded by Council Member Keefe.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
Attorney Fumero read proposed Ordinance No. 1208 by title only as follows: "AN
ORDINANCE OF THE CITY OF OKEECHOBE.E 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 Abney moved to approve the first reading of proposed Ordinance No.
1208; seconded by Council Member Jarriel.
Pension Board Attorney Scott Christiansen provided a memorandum with Exhibit 4
explaining the amendment is due to recent changes to Florida Statutes 112.1816(1)(a).
There were no public comments nor discussion on this item.
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 51 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. Ms. Moyett is also currently advocating for a ban on tobacco use in public parks.
Mayor Watford thanked Ms. Moyett for her presentation, and suggested Council Members
contact the Administrator, should they feel led to work on this issue. Attorney Fumero
confirmed that a model ordinance has been developed to be used for local governments.
Mayor Watford requested Ms. Moyett to send the model ordinance to Administrator
MontesDeOca.
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D. A motion was made by Council Member (:lark to approve Florida Department of
Economic Opportunity Grant Agreement No. P0368 in the amount of $7,450.00 [as
provided in Exhibit 6]; seconded by Council Member Keefe.
Administrator MontesDeOca explained the Grant reimburses the City up to $7,450.00 for
the following as per the Grant Scope of Work: 1. Prepare a draft Economic Development
Element for the City's Comprehensive Plan. 2. 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. 3. Based on the
report, prepare draft amendments to the Comprehensive Plan and/or Land Development
Code to resolve inconsistencies and to support successful economic development. 4.
Prepare draft amendments to the Land Development Code to address disaster resiliency.
5. Update the sign regulations. There were no public comments nor discussion on this
item.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye.
Nays: none. Motion Carried.
E. ITEM ADDED TO AGENDA. Council Member Clark moved to adopt proposed Resolution
No. 2020-02, COVID-19 State of Emergency [as provided in Exhibit 7]; seconded by
Council Member Keefe.
The title of proposed Resolution No. 2020-02 is as follows: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA DECLARING A PUBLIC
HEALTH EMERGE14CY DUE TO COVID-19 AND ESTABLISHING EMERGENCY
PROTOCOLS.,'
Mayor Watford introduced Mrs. Tiffany Collins, Administrator of the Florida Department
of Health in Okeechobee County, who provided a situation report of the number of
residents tested for COVID-19, confirmed cases, deaths, pending cases, and self-
monitoring individuals for Florida and nation-wide. The Council was briefed on the
recommended ways to prevent the spread of COVID-19 as provided by the Centers for
Disease Control and Prevention (CDC). She further explained that the Okeechobee
Health Department activated the Incident Action Team on January 28, 2020 and opened
a Call Center this week. Okeechobee test collection sites are the Raulerson Hospital
Emergency Room and the Health Department facility. Residents are asked to contact the
Health Department first in lieu of overwhelming the emergency room. All nursing homes
are closed for visitation for 30 -days. Press releases are being issued daily on the Florida
Department of Health's website, floridahealth.gov. Governor DeSantis has activated a
limited number of National Guard, stationed at Camp Blanding. The Department of
Corrections is limiting visitors. The Department of Business and Professional Regulation
is regulating Florida Executive Order 20-68. The Florida Department of Veterans' Affairs
COVID-19 hotline number is 877-741-3400. The Florida Division of Elections' Voter
Assistance Hotline number is 866-308-6739. The State of Florida Emergency Operations
Center was activated to Level 1 on March 14, 2020. Lastly, Visitflorida.com is looking at
future campaigns of marketing post pandemic.
During the discussion with the Council, Mrs. Collins could not confirm the number of
individuals tested in Okeechobee County, only the total number State-wide, and the
criteria used to determine whether testing is necessary. An individual must have fever,
shortness of breath, a cough, travelled internationally within the last 14 -days, and/or been
exposed to someone that has been confirmed positive. The individual would not qualify
for testing having not met all criteria, as there is a finite amount of test kits currently
available. She provided the local Florida Department of Health number 863-462-5800,
and the Hotline number 866-779-6121.
Mayor Watford noted declaring a State of Emergency allows the City to recover costs
from the Federal Emergency Management Agency when funds are made available. It also
gives the ability to implement curfews, should the need arise, but can also create a state
of hysteria. Attorney Fumero added the proposed Resolution empowers the Police Chief,
in consultation with the Mayor, to implement a number of discretionary laws according to
Florida Statutes 870.041 to 870.047. Some of the measures are to prohibit the 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; and prohibit
March 17, 2020 Regular Meeting Page 5 of 7
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public assemblage. It is his opinion the proposed Resolution establishes a platform for
expedited measures. Council Member Abney confirmed with the Attorney that the Mayor
and Police Chief must agree on measures to implement. Council Member Jarriel
disagreed with implementing a State of Emergency, as it is his opinion that it is currently
unnecessary.
The discussion then turned to the cancellation of the Speckled Perch Parade that was
scheduled for March 21, 2020. Council Member Jarriel questioned who gave the authority
to cancel the parade, as he had received several phone calls from angry citizens due to
a social media post blaming the cancellation on the lack of police personnel. Chief
Peterson responded he, Mayor Watford, and Administrator MontesDeOca met with
Okeechobee Main Street's President Ms. Angie Griffin the Thursday prior to the annual
Speckled Perch Parade and Festival held in FLAGLER PARK to discuss the Governor's
guidelines for social gatherings and Executive Orders. It was recommended to Ms. Griffin
that she cancel the parade and festival based on the Governor's recommendations and
that there were too many points of entry to the event to implement the necessary
screening protocols. With Ms. Griffin agreeing to cancel the event, Chief Peterson notified
his personnel of the cancellations and that they were not needed for traffic control. By
5:30 P.M. that afternoon, the festival portion of the event was re -instated by the Main
Street Board, as they did not agree with Ms. Griffin. Chief Peterson then read the social
media post the next: morning blaming the parade cancellation on the lack of police
personnel, which is incorrect. Council Member Jarriel confirmed through Administrator
MontesDeOca that the City recommended Main Street cancel the entire event based on
Governor DeSantis' recommendations. Mrs. Collins added Ms. Griffin reached out to her
asking for the Health Department's recommendation. Mrs. Collins also recommended the
entire event be cancelled and advised her Main Street did not have the capabilities to do
the screening protocols as per state guidelines.
Council Member Jarriel asked why the Council were not polled on the decision. Attorney
Fumero interjected the Administrator cannot poll Council Members as per an Attorney
General Opinion, that is circumventing the Sunshine Law. Council Member Abney
questioned what policies and/or procedures are in place for situations like these that arise,
as it is his opinion all Council Members should have been notified of the cancellation when
the decision was made in order to answer questions from the public accurately. Chief
Peterson apologized to the Council for not notifying them himself, and will ensure this
does not happen in the future.
Council Member Clark informed Mrs. Collins of a conversation she had two weeks ago
with a Health Department staff member regarding when the County would be starting to
test for COVID-19. According to the staff member, the only testing facility available in the
County was the emergency room. Council Member Clark asked Mrs. Collins directly what
date the Health Department started testing. Mrs. Collins apologized for the confusion and
frustration, but was not willing to share that information in keeping with the guidelines of
the CDC. There being no further discussion, the Mayor called for a vote.
Mayor Watford, Council Members Abney, Clark, and Keefe voted: Aye. Nays:
Council Member Jarriel. Motion Carried.
P. ITEM ADDED TO AGENDA. Due to the lengthy discussion of Resolution No. 2020-02,
Council Member Clark requested the discussion of County alcohol package sales be
postponed to the next meeting agenda.
G. ITEM ADDED TO AGENDA. Council Member Clark requested a status update on a
proposed Fire Services Contract from the County. Administrator MontesDeOca confirmed
he has not received any update or proposed contract from the County to date.
VIII. COUNCIL COMMENTS
Council Member Clark publicly apologized for her direct questioning of Okeechobee
County Health Department Administrator Tiffany Collins.
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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.
;.- D ling R.tford, Jr., ayor
ATTEST: `
J /
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.
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