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2020-05-05 Handwritten Minutesr�``y.OF'OKFE.`yOm m CITY OF OKEECHOBEE, FLORIDA Iftow a MAY 53 2020, REGULAR CITY COUNCIL MEETING .� HANDWRITTEN MINUTES BY BOBBIE JENKINS I. CALL TO ORDER Mayor Watford called the regular meeting of the City Council for the City of Okeechobee to order on Tuesday, May 5, 2020, at 6:00 P.M. in the City Council Chambers, 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The meeting was also broadcasted by means of using Zoom online Meeting ID 2459713294 with the Host computer operated by Executive Assistant Robin Brock. The video, audio, and digital comments are recorded and retained as a permanent record. IV. A. The invocation was offered by Mayor Watford. B. The Pledge of Allegiance was led by Mayor Watford. 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, Deputy City Clerk Bobbie Jenkins, and Executive Assistant Robin Brock were present AGENDA AND PUBLIC COMMENTS A. There were no requests for the addition, deferral, or withdrawal of agenda items. Defer New Business R by CM Keefe to May 19, 2020 meeting, IT issues with computer. Prefer to have documents available. B. Council Member MC moved to approve the agenda as amended; seconded by Council Member WA. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. C. There were no agenda item forms or comment cards submitted for public participation for any issues not on the agenda. PROCLAMATIONS AND PRESENTATIONS A. Mayor Watford proclaimed the month of May 2020 as "Mental Health Awareness Month." The document was presented to Mr. George Shopland via Zoom with New Horizons of Okeechobee, and was read into the record as follows: "Whereas, the mental health of every citizen, family, business owner and resident of Okeechobee is a critical factor in its emotional and economic stability; and Whereas, mental health is as essential to maintaining overall health as physical health; and Whereas, everyone encounters periods of stress and fear in their lives, but should have adequate, ample, accessible resources to mental health care when it's needed; and Whereas, only 50 percent of Americans with a serious mental health illness seek treatment, while 100 percent of illnesses are treatable; and Whereas, stigma is often the key limiting factor to treatment; and Whereas, we the Mayor, City Council and Citizens of Okeechobee strive to be a community who supports mental wellness, including greater access to treatment, increasing educational tools and resources for our citizens, and continually supporting those citizens with mental health illnesses. 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 the month of May 2020, as `Mental Health Awareness Month' in the City of Okeechobee." George - thanked the Council. Mental health is critical issue. May 5, 2020 Regular Meeting Page 1 of 14 B. Mayor Watford proclaimed the month of May 2020 as "Building Safety Month." The document was presented to City Building Official Mr. Jeffery Newell via Zoom, which was read into the record as follows: "Whereas, the City of Okeechobee is committed to recognizing that our growth and strength depends on the safety and economic value of the homes, buildings and infrastructure that serve our citizens, both in everyday life and in times of natural disaster; and WHEREAS, our confidence in the structural integrity of these buildings that make up our community is achieved through the devotion of vigilant guardians -building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers, plumbers and others in the construction industry -who work year- round to ensure the safe construction of buildings; and Whereas, these guardians are dedicated members of the International Code Council, a U.S. based organization, that brings together local, state and federal officials that are experts in the built environment to create and implement the highest -quality codes to protect us in the buildings where we live, learn, work, play; and Whereas, our nation benefits economically and technologically from using the International Codes that are developed by a national, voluntary consensus codes and standards developing organization, our government is able to avoid the high cost and complexity of developing and maintaining these codes, which are the most widely adopted building safety and fire prevention codes in the world; and Whereas, these modern building codes include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquake; which, according to a FEMA - commissioned study by the National Institute of Building Sciences, provide $11 in future mitigation benefits for every dollar invested; and Whereas, Building Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities' largely unknown protectors of public safety -our local code officials -who assure us of safe, efficient and livable buildings that are essential to America's prosperity; and Whereas, "Safer Buildings, Safer Communities, Safer World," the theme for Building Safety Month 2020, encourages all Americans to raise awareness of the importance of safe and resilient construction; fire prevention; disaster mitigation, and new technologies in the construction industry. Building Safety Month 2020 encourages appropriate steps everyone can take to ensure the safety of our built environment, and recognizes that the implementation of safety codes by local and state agencies has saved lives and protected homes and businesses; and Whereas, each year, in observance of Building Safety Month, Americans are asked to consider the commitment to improve building safety and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property. 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 the month of May 2020 as `Building Safety Month'." Jeff -Safety is important, but customer service is best. Been here almost 10 years, compliment the staff for customer service and enforcing the codes. C. Mayor Watford proclaimed the week of June 1 through 5, 2020 as "Code Enforcement Officers' Appreciation Week." The document was presented to Police Chief Peterson, which was read into the record as follows: "Whereas, Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and Whereas, Code Enforcement Officers are often not credited for the jobs that they do in saving lives and improving neighborhoods; and Whereas, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and Whereas, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and Whereas, Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government May 5, 2020 Regular Meeting Page 2 of 14 within which they serve; and Whereas, the Florida Association of Code Enforcement has declared the first week of June be set aside by local government to honor and recognize their Code Enforcement Officers. 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 June 1 through 5, 2020, as `Code Enforcement Officers' Appreciation Week' in the City of Okeechobee." BP accepted proclamation on behalf of Fred Sterling and Melissa Close. D. On behalf of the City, Mayor Watford presented a Longevity Service Award of $250.00 and a framed certificate to Police Chief Peterson on behalf of Ms. Dawn Wendt, which read "In recognition of your 20 -years of service, hard work, and dedication to the City, its citizens, and your fellow employees from May 1, 2000 through May 1, 2020." BP -Nothing substitutes 20 years of local knowledge. Been a SGT for 13 years, senior SGT of the Dept. She appreciates it and I certainly appreciate her. V. CONSENT AGENDA A motion was made by Council Member BJ to approve the consent agenda items A through E [April 7, 2020, Regular meeting minutes; March 2020 Warrant Register in the amounts: General Fund $566,468.46, Public Facilities Improvement Fund $22,813.33, and Capital Improvement Projects Fund $10,180.77, the complete list is included in the minute file; Appoint Steve Weeks, Jr. as the Fire Department alternate to the Employee Grievance Committee, term being May 6, 2020 through January 31, 2022, or until a successor is appointed (replaced Joshua Sanders); Re -appoint Karyne Brass as a regular member on the Planning Board, Board of Adjustment, and Design Review Board; term to begin retroactive to May 1, 2020 through April 30, 2023, and Re -appoint Felix Granados to the Planning Board, Board of Adjustment, and Design Review Board; moving from an alternate to regular member, term to be retroactive to May 1, 2020 through April 30, 2023 [as provided in Exhibit 1]; Disposal of obsolete and surplus equipment: Acer Window Vista Desktop Computer, (2) Desktop computers, Website desktop computer; File Server, (2) HP Desktop Computers, (2) HP Slimline Desktops, HP Laptop, HP Notebook, Acer Window Vista Desktop Computer, Dell Inspiron N5010 Laptop, Dell Inspiron 600m Laptop, HP Pavilion Slimline Desktop, (2) Acer Hard drive Desktops, Gateway Monitor, Dell Monitor [as provided in Exhibit 2]; seconded by Council Member BK. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. VI. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:24 P.M. A. A motion was made by Council Member MC to read proposed Ordinance No. 1209 by title only, regarding Comprehensive Plan Small Scale Future Land Use (FLU) Map Amendment Application No. 20 -003 -SSA, submitted by Mr. Mitchell Hancock on behalf of the property owner Mitchell G. Hancock, Inc., reclassifying approximately 1.60 acres located in the 700 block between Northwest 7t" and 8t" Streets along Northwest 6th Avenue, from Single Family Residential (SFR) to Industrial (IND) [as provided in Exhibit 3]; seconded by Council Member BK. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. Attorney Fumero read proposed Ordinance No. 1209 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 INDUSTRIAL (APPLICATION NO. 20 -003 - 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." May 5, 2020 Regular Meeting Page 3 of 14 A motion was made by Council Member BJ to adopt proposed Ordinance No. 1209; seconded by Council Member BK. Mayor Watford yielded the floor to City Planning Consultant Mr. Ben Smith of LaRue Planning and Management Services who attended via Zoom. He presented the Planning Staff findings together with the Planning Board's review on April 16, 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 SFR and IND to the North, IND to the East, SFR to the South and West. The surrounding zoning districts are IND to the North, East and West, and Residential Multiple Family to the South. The existing surrounding uses are a concrete plant to the North, vacant to the East and West, and single family residences to the South. The Amendment has adequate public facilities available for industrial use. The traffic impact statement provided an estimated 651 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. Steve Dobbs was present on behalf of the property owner. Mayor Watford asked if there were any questions from the public; there were none. MC -i guess its more for staff. Did we send out notifications to the current property owners to find out if they have any concerns of changing this to industrial. Ben -clerk handles. Not sure if it's a requirement to notify adjacent property owners. LG -being a small scale map amendment, it is not required to mail surrounding property notices. It was posted on facebook, advertised in the newspaper and posted on the website. MC -FLU is SFR to the East and West Ben -FLU are SFR to the east and west but the zoning is industrial. Conflicting use. Pretty common pattern of land use adjacent to railway. BK -rolls right into my concern regarding this exact instance of our zoning and flu maps being inconsistent. Are we doing this administratively? I have an issue with continuing to charge $100 to rquest a change, I would really like to emphasize the need to do this administratively. We need to fix this sooner than later. RB -request for council to speak up and into the mic directly MDO-the person who owns three of the surrounding lots. I will reach out to them as well. DW -please refresh our memory. The SFR that is to the south of this property, I assume there is some kind of buffer the IND will have to have between SF. Ben -thank you for bringing that up. We are actually reviewing a site plan app for this same property. The applicant submitted a site plan that shows and requires water retention area at the south side of property that does provide a buffer and in addition landscape perimeter. We've been reviewing site plan, think that's a good design in order to provide a little bit of buffer between that and those residences. DW -other questions MC-im assuming there zoning it industrial because of the type of equipment? Ben -industrial allows them to have that as a permitted use. In the CHV district, I believe that will be a special exception use in that district. The industrial zoning is already present. Allowing them to do the FLU change makes them consistent. Making them do CHV, they'd have to do a FLU, zoning and SE. DW -other questions? None Steve Dobbs -Ben is correct, gone to CHV have to do a Comp Plan, Zoning, and SE contractor yard, more efficient to get the FLU consistent with the existing zoning. Best way to handle this with the fewest steps. I agree with everything ben said, supported staff recommendation. Would like to reserve the right to respond to anyone who has questions from the public. DW -any council have questions for Steve. None. Any public comments? Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:38 P.M. May 5, 2020 Regular Meeting Page 4 of 14 VII. NEW BUSINESS A. A motion was made by Council Member BK to read proposed Ordinance No. 1210 by title only, and set June 2, 2020, as the Final Public Hearing date, regarding amending City Code of Ordinances Chapter 6, Section 6-1 to allow for alcohol package sales on Sundays beginning at 10:00 A.M. [as provided in Exhibit 4]; 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. 1210 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 INCLUDING PACKAGE SALES WITHIN THE CITY AT CERTAIN TIMES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." BK -date on the ordinance, date says June 2nd? LG -it does need to be June 2nd due to advertising requirements. Council Member BJ moved to approve the first reading of proposed Ordinance No. 1210; seconded by Council Member MC. Attorney Fumero explained in a memorandum included in Exhibit 4 that proposed Ordinance No. 1210 amends Chapter 6, Section 6-1 of the City Code of Ordinances eliminating the exclusion of retail package sales on Sunday and would allow the package sales to begin at 10:00 A.M. on Sundays. This amendment will make the City Code pertaining to alcohol sales consistent with Okeechobee County. DW -any public comment? RB -none MC -the only comment that I have and im going back to comments every time this comes up. I don't think we should have a separate time frame on Sunday than on Monday thru Saturday. There are other individuals who have faiths that celebrate on other days. I would reather us not have a 10am timeframe on Sunday mornings. DW that would put us in conflict with the county, but I understand your comment. MC -i would just rather it be one alcohol policy with the same time frame every day of the week and stop making exceptions for one day of the week. I understand it is the same of the county, but we weren't sure that the county adopted. It is 7am timeframe Monday thru Saturday DW -do you want to make a motion to amend MC -motion to amend that we don't have exception for holidays; BJ second. DW -ask attorney for clarification. Amend to say 7 am or whole new ordinance? JF -if you want to amend it today, this would be first reading as amended. DW -make conflict with county. WA -from Sunday from 10 am to midnight? How is it every day 2 am to 7 am no sales on Monday thru Saturday. Right now it reads Sunday 10 am to midnight for sales? Section 1, last sentence. Are we wanting to change that MC -id like to withdraw motion MC -amend that alcohol ordinance is the same time every day of the week; 2nd by Bob Jarriel. Atty-procedural standpoint. Before you today to allow package sales. What we are talking about now, obvious relevant but different topic. Don't think that could be amended today. I think that is amending the underlying code, not what is before you today. DW -procedurally withdraw all motions, and put new ordinance on the next agenda. MC -withdraw my motion to amend. BJ withdrew his second DW -1 don't think we've done this in my 30 years up here. Take no action or MDO-there is two separate issues, continue forward now as it is now, then it will be the same restrictions as the County for two months. DW -1 thought this was goin to be a simple matter May 5, 2020 Regular Meeting Page 5 of 14 BK -I understand what the administrator is saying, question the necessity and time that will take. I would prefer to vote down and move forward. Present in a new ordinance in the very future, then amend the ordinance to amend the sales to be the same 7 days a week. DW -procedurally we would need a motion, Lane -no Council Member MC moved to approve the first reading of proposed Ordinance No. 1210; seconded by Council Member BJ. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Nay. Ayes: none. Motion Failed. B. Discussion on meeting decorum — Mayor. DW -I brought this up for two reasons, filming and the record is on youtube and we've all seen other meetings that have surfaced on the news. I would encourage us to conduct the meetings in a civil matter. lust recently we've started these new procedures all over the state, Riviera beach had a huge blow up at one of their meetings, the mayor adjourned the meeting and they kept arguing. The ft pierce city council one council member was upset at the police chief, he had asked the city administrator to have the police chief do something and he didn't do it, he plead that he would fire the administrator and the police chief, another council member got up after a huge meeting. Sebastain, 3 of the council members had a meeting, voted to dismiss the mayor, the city attorney, city manager, city attorney, voted in a new mayor. Hardee county meeting similar situation. I'm probably the worst offender. I have a short fuse and go off on a tangent. Ask that we all remain professional. I know we are going to have some things in the future that are going to be controversial, respect that we are all not going to agree. Repeat what Mayor Kirk said, his very first meeting we want to run these meetings in a professional manner, if a business person watched one of our meetings, they'd say we run a professional meeting. From now on its kind of a different ball game than what we are used to. That's all I'd like to say. C. Update from Tiffany Collins, Florida Department of Health Okeechobee County, regarding COVID-19. Tiffany Collins, Okeechobee Florida Dept of Health. Thank you so much for your previous comment, appreciate level of professionalism. I'll go ahead and jump right in. as we know the governor issued executirve order 20-112 step by step plan, DOH started developing our steps this week, focusing on social distancing and prevention messaging. CDC and NIH continues to recommend cloth face masks in public. Dispose of properly please. Expansion of testing is top 5 priority, protecting the elderly, preparing health care facilities and worker, and stop spread of covid. State received 200,000 FDA approved anti -body health kits. Health workers tested first. Medical elective procedures opened up. I want to encourage indiviudals to seek medical care that is needed. Facilities are safe. They do know how to safely test and care for covid patients. Remind on behalf of school system, school age individuals that need vaccines or physicals, you will not be able to get their schedules without those. Also paying close attention to hospital capacity still, ESS system, as of yesterday capacity, ventilators, icu beds low across the state. Taking a look at the stats but we do have 17 positive cases, 6 to 87 years old. 3 positives in the nursing home, 1 resident, 2 staff members. Over 37K positive in Florida, tested 643 in Okeechobee. 2.8% positivity rate. Under 8% for flroida, new health metrix tab, governor is looking at. The trend in ILI's, covid like illness, and positivity rates. US 1.2 million cases, over 70,000 deaths 5.9% rate, 3.6 million globally 254,000 deaths over7%, we expanded testing criteria over the weekend past the big 3 for symptons of fever, coughs, shortness of breath, chills, vomiting, diarrhea, soar throat. We expect to be collecting 1, 350 samples in future. Giving these tests free of charge. Testing by appointment only. Call health dept to schedule. Pharmacy will also be able to administer these tests. We've been working with pharmacys. I have requested National Guard team to test nursing home and grand oaks facility. DW -thank you for getting the testing at the health care facility. It relieved everyones mind. Glad to hear theiry going to test again. I know we can't announce yet, we are working with a private company to do some additional testing, can't announce quite yet. Nice for our citizens to know that we are working on additional testing capacity. Tiffany -requirement they have to be clea waived? DW -we got an email about 130 Friday afternoon that this organization was willing to come in to do the testing. They had to know by 2:00 pm. WA -thank you. DW -I think there is a couple of things that relate to this. May 5, 2020 Regular Meeting Page 6 of 14 WA -county last week 2020-16 in a nut shell that they are requesting in a nut shell to open beauty/barbershops and nail salons at 50% now they are closed. Restaurants to 50%. Follow suit with county to make a resolution to send to the governor. DW -commissioner burroughs wrote letter to governor. I did send the governor something similar to what commissioner burroughs sent. At their meeting, they wanted to do a resolution. I certainly don't have a problem to do that. Atty-I think we can have a motion to have a resolutiuon. Atty-easy option, vote authorize you as mayor to send a letter. Option two would be to take good notes and draft a resolution. DW-BOCC adamant resolution. Similar to what the county WA -draft resolution parallel to county to re -open business currently closed under phase 1 to 50% capacity, restaurant to 50%; second by CM Jarriel Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. WA -quick discussion on the procedures of businesses are to remain closed. DW-everyting is moving very quickly. Chairman burroughs set up a meeting with me, sheriff and police chief. The sheriff and police chief did press conference the following day. Before he responds, I would like everybody to know that we all took an oath and we are all obligated to follow the law, the sheriff and the poclie chief have to follow the law. Try to emphasize, please don't put them in that position because they hyave to follow the law. BP -what we're doing is we don't have the personnel to be able to go out there and go door to door for inspections. We are responding to complaints. People are calling and telling on each other or officer sees violation. That's how we're dealing with it. We're educating, first offense, explain. Multiple trips notice to appear will be given and forwarded to the state licensing board putting their license in jeopardy. Not happnening yet. WA -make sure that these business owners are allowed to be there as long as their not offering service. They can be cleaning just not conducting. BP -yes that is fine. MC-im very concerned about just opening businesses. Its difficult to find gloves, Lysol spray, I make disinfectant. If we are supporting opening these businesses, we need to ensure resources are available to them i.e. masks, sanitizer, etc. DW -can we check to see if emergency management can issue. MC—other counties giving out masks at stores DW -my wife has asked why we aren't handing this out MC -make my own disinfectant because I can't find it. DW -can we look into this. BP -I put in a rquest last week for city use. Tyr to sort that out yourself. We've been able to find a few for the officers. They're out there but they're not giving those away. DW-facebook. MC -can't find them to buy BP -I think we can put our heads together. Post the info on website and update everyday. Work out with administrator. DW -local state of emergency -the way we passed it at the last meeting, it will expire tonight if we don't do anything. I know the county extended theirs at the last meeting. I think we still need to keep this on, for FEMA funding, so on, the state is still under a state of emergency. I think we need to extend Resolution 2020-03, atty says make amotion to extend. BK- motion to extend Resolution 2020-03 until the next meeting; 2nd by BJ. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. DW -the treasure coast food bank did a food drive last Wednesday. There will be another distribution tomorrow. Go to the county facebook page it will give you a voucher on the phone. MDO-update for city hall, may be delayed 10 minutes. Spoke to fire and police chief to continue until phase 2. We are still able to provide things to the citizen. Will reassess during phase 2. May 5, 2020 Regular Meeting Page 7 of 14 D. A motion was made by Council Member WA to approve a change of scope for Centennial Park Restroom and Pavilion Improvements Bid #PW -01-00-12-19 resulting in a reduction in the amount $37,318.98 [as provided in Exhibit 5]; seconded by Council Member MC. Single restroom with separate chase for housing mechanical, electrical equipment for storage in a CBS block building with stucco exterior and interior walls, engineered wood trusses and 24 gauge metal. All fixtures to be stainless steel and meet ANSI compliance. Original bid: $85,047.60; Revised Bid: $54,369.32; Savings: $30,678.28. 20'x40' steel frame h -beam with epoxy prime and coating, 24 gauge metal roof, z-perlins with no t&G wood, 4" reinforced concrete slab. $61,530.70. (2) 1 0x1 0 steel frame h -beam with epoxy prime and coating, 24 gauge metal roof, z-perlins with no T&G wood, 4" reinforced concrete slab. $22,343.20. Additions to the original contract is an allowance of $5,000.00 for solar lighting in restroom and a USB charging station at each structure. Original Bid: $175,562.20 Value Engineering Savings: $(37,318.98) New Contract Total: $138,243.22 MDO-meeting with contractor, value engineering. Get more than what original bid was. Add power to the park, and solar lighting charging stations. No electrical charge to us. DW -playground looks great MDO-sod will be down tomorrow. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. E. A motion was made by Council Member MC to adopt proposed Resolution No. 2020-04, establishing electronic meeting procedures and implementing protocols [as provided in Exhibit 6]; seconded by Council Member BK. Attorney Fumero read proposed Resolution No. 2020-04 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF OKEECHOBEE, FLORIDA ADOPTING POLICY AND IMPLEMENTING PROTOCOLS FOR THE USE OF COMMUNICATIONS MEDIA TECHNOLOGY TO FACILITATE ATTENDANCE BY ELECTED AND APPOINTED OFFICIALS AT PUBLIC MEETINGS AND TO ALSO FACILITATE PUBLIC PARTICIPATION AND ATTENDANCE AT SUCH MEETINGS; PROVIDING THAT THE USE OF SUCH PROTOCOLS IS LIMITED TO PERIODS OF DECLARED EMERGENCY WHEN PUBLIC HEALTH AND SAFETY GUIDANCE LIMITS THE SAFE ATTENDANCE AT SUCH MEETINGS IN PERSON AND WHEN SUNSHINE LAW REQUIREMENTS ARE LAWFULLY RELAXED TO PERMIT SAME; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES." Atty-resolution monitoring FLC and FL Association of municipal attorneys. Model resolutions municipalities have been adopting. Protocols on when and how an emergency is called for and when and how to conduct meetings. Very likely to bring additional itmes like this as they are developed in real time. DW -questions to the attorney. Atty-in order to conduct using CMT, the City Administrator can make the decision. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. May 5, 2020 Regular Meeting Page 8 of 14 F. Review and discuss the Administrator performance evaluation research from other municipalities for the purpose of creating a new form to implement [as provided in Exhibit 7]. DW -asked clerk to come up with new evaluation form for administrator. I really like sample 1 with the addition of sample 2 budgeting and financial management parts. BK -what is our time frame madam clerk, I thought month of may. LG -by June 1St evaluation has to be done according to contract. BK -appreciate Clerk's research. Appreciate her efforts. Sampe #1 and addition from #2 1 think it might be appropriate to give direction to clerk to consolidate chocies and email them out. WA -1 like sample 1 and additions BJ -fine with me DW-MDO any comments. I appreciate Lane bringing them up. Narrowed down to 3 DW -motion to that effect? Take that as direction. Use Sample 1 and add 2 budget items. G. A motion was made by Council Member BJ to renew the annual Agreement for Information Technology Services with ICS Computers [Request For Qualification No. FIN 01-32-03-19] in the amount of $24,960.00 [as provided in Exhibit 811- seconded ];seconded by Council Member BK. MDO-renewal built into contract of RFQ. Tell you past month and half utilized him very on top of it, very appreciative. DW -questions or comments from council Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. H. Acknowledgment of offer for a Right -of -Way Acquisition from the Florida Department of Transportation for 6,089 square feet to be purchased in fee for Parcel 125 regarding the State Road 710 Project, and/or submit a Letter of Intent to donate the property back to the Florida Department of Transportation [as provided in Exhibit 9]. DW -before we get a moiton, MDO explain. Think we are on a timeline. MDO-sent to us from FDOT. We have a small portion. This area is east of taylor creek, hamrick trust not involved. Stratight forward. This is the acknowledgement letter. Just a receipt of their offer or donate the letter. Full blown appraisal. DW -decide to acknowledge their offer or do we want to donate. Acknowledge the offer Motion by to acknowledge?; second by BJ Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. I. A motion was made by Council Member MC to approve the revised School Resource Officer (SRO) Program Agreement between Okeechobee County School Board and the City of Okeechobee to comply with the required additional language as per Florida Statutes 1006.13(4)a [as provided in Exhibit 10]; seconded by Council Member BK. DW -This is our current agreement, but one sentence revised page 3 of 7, number 17, look at the end of the sentence it says "or individuals who have committed a crime....." School Board needed that language to that paragraph to cmply with statute. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. J. A motion was made by Council Member BJ to approve a Letter of Commitment for the Hendry, Okeechobee, and Glades Opioid Consortium (HOGOC) Program implementation [as provided in Exhibit 111; seconded by Council Member MC. DW -you may recall some time ago we entered into this agreement, basically a grant received to do a study on opioid addictions, services that may be needed, and how to obtain those services. They have completed the first part of the study. Needed each entity that was in the May 5, 2020 Regular Meeting Page 9 of 14 agreement to sign letter of commitment, we are not committing to any other funds. Its just saying we support this. Basically what we need to approve this letter. Admin to execute per DW Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. K. Discussion regarding withdrawing remaining Specialized Legal Services Agreement with Lewis, Bribois, Bisgaard & Smith LLP [as provided in Exhibit 12]. Insurance claim filed regarding data incident in October 209. Agreement was approved by Council for specialized legal services regarding the incident, however, COI was not provided until much later for the NTP. Based on timing and no incident being filed and the recommendation of ICS Computers, it is recommended that we do not proceed with the remaining contract for services and the vendor is in agreement with same (savings of $7,680.00). DW -the memo we have from the finance director (COI is Certificate of Insurance, NTP notice to proceed) MDO-initial consultation, we had a $10,000 deductible, we had already spent $2,400, set back with rick, its been 6 months, should we do this and spend additional $7600. This terminates this. MC Motion to withdraw; second by BK Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. L. A motion was made by Council Member BK to approve an Engagement Letter with Nason, Yeager, Gerson, Harris & Fumero, P.A., for the City Charter Review Initiative [as provided in Exhibit 131; seconded by Council Member MC. Partner in Charge: John Fumero Attorney hourly rate: $275.00 Paralegal hourly rate: $80.00 Propose not -to -exceed $45,000.00 as that is what the approved budget is for. MDO-directed by Council, reach out to CFRPC attorney is usually a lead on thses. Typical professional engagement. DW -I know that this is something we really wanted to get done. I just wonder if right now is the time to spend this money. BOCC is discussing revenue forecast, I think its going to be extremely tight. I think we are going to have the same situation. WA -question for John, what is your background in charter review. JF -Yes if I may this process could easily take one to two years. This would be chapter one of the novel. City Council has to create the process. Lengthy process, public workshops, before we can even begin to touch the charter itself. BJ -you got to start, can't keep continuing to put things off, we need to move forward. WA -$45,000 budget? How far is the initiative JF -best guess. Depends on how the council wants to do the process, you can spend a year, expedited process. All honesty an educated guess based on my experience. One year to two years procees. WA -does it get us to the end or just start. JF -vague because depends on the process. But again, this is a guestimate. I don't know yet. DW -you're not going to charge us more $45,000 JF -could be more could be less depending on what you want to do to the charter. DW -takes a referendum JF -yes sir BK -is the 45k what we budgeted. This is part of our strategic plan. How I see this agreement and the proposed me amount is not to go outside of our budget. The initiative needs to be driven by us. We need to be giving our attorney direction of how we like it. I appreciate the agreement created, we need to get this ball rolling. This is a couple year process. How do we want to see this move forward, creating a committee, this could be involved citizens, administrator is involved, workshops we choose to be part of a committee, are we allowed on May 5, 2020 Regular Meeting Page 10 of 14 the committee, do we appoint citizens to be on the committee, set up a meeting scheduled time line, quarterly updates from this committee and their meetings. Those meetings is where the attorney will be working and drawing down that budget number. We need to decide but we need to dictate an outline on how this charter review is to proceed. JF -hit the nail on the head. Been involved in process, very active engaged chair who ran the process, process ran by attorney or manger. You can manage the amount of time. This is what we do. WA -would it be better to get an outline. Im just trying to understand the initiative for the $45k. do we need an outline first on how big the bread box is going to be. JF -this number is authorizing me to begin work. Outside legal services agreement. You can tell me what to do. Step 1 how big is the bread box, btw I work at the will of the Council. Tell me to pull together an initial game plan that includes other options and you can make a decision then. WA -appreciate the explanation, I understand now. DW -when we did the LDR's, it was an interesting process. We went page by page and reviewed. BJ -1 would like to see us approve it and you come back and give us some ptions. Don't want to keep putting this off. Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: Mayor Watford. Motion Carried. M. A motion was made by Council Member MC to approve Amendment No. 1 to the City Attorney Legal Services Agreement with the Firm of Nason, Yeager, Gerson, Harris & Fumero, P.A. [as provided in Exhibit 14]; seconded by Council Member BK. The City entered into an agreement with the Firm of Nason, Yeager, Gerson, Harris & Fumero, P.A. on January 1, 2020. The agreement, among other things, provided that the Firm would provide legal services at an hourly rate of $275.00, not to exceed $9,400.00 per month for a 90 -day trial period. The trial period allowed the Firm to determine the City's actual legal needs and priorities and to develop a reasonable monthly budget. The City has many legal issues and priorities it has addressed during the past 90 days and many more it wishes to address going forward. These times have taken considerable time in addition to dealing with the legal requirements thrust upon us by the COVID-19 emergency. From January through March, the Firm has spent well in excess of the 34 hours per month they contemplated in their original legal budget. The Firm has agreed to continue to provide legal services to the City at the not -to -exceed flat monthly fee of $9,400.00 per month will all other provisions of the original agreement remaining the same. DW -1 know we've been getting monthly billings. Have we paid more than the $9400? MDO-no sir? JF -billed multiples. Appropriate to live up to the $9400. Very significant back log of legal work to get caught up on. Even your code is ready for significant upgrades. The comp plan, that alone is 100 of hours of work. We're up to the task and we just need the time. MDO-we've been giving them a huge chunk of stuff. Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. N. A motion was made by Council Member BJ to approve the use of FLAGLER Parks to recognize the 2020 Okeechobee High School graduating class with signs; seconded by Council Member Bk. MDO-have several businesses and organizations that wanted to do something for our seniors, snipe signs with name and picture. Name, graduating class, recognition, school board and HS principal will design layout. Be there on display for at least two weeks. Seniors will get their sign and take home. I did reach out to Ken. And again (get list of companies from MDO). One item will be a little thank you sign, not intended for advertising so no logos. May 5, 2020 Regular Meeting Page 11 of 14 Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. O. Discussion of policy and procedure of canceling regular City Council meetings — Councilman Keefe BK -um last meeting which was the 2nd meeting of April was cancelled and I don't know if any council member that received a phone call, email, text to notify us that the meeting was cancelled, just bad business. Start off by saying there's 2 meetings a month, 24 a year, there's always something to talk about. There's always something to talk about and I've added these items this meeting because I wanted to discuss them last meeting. Id like to put policy and procedure in place. There's always a standing item of council member comments. This is our only opportunity to talk under the sunshine. First I don't think we wshould be canceling meetings, but if we do what is that process. DW -always been if there were only one or two items on the agenda, the City Administrator with consultation with the Mayor, its cancelled. Maybe you have plenty of time, most of us are extremely busy. If I don't have to come to the metting, id rather not. If there is only one item to discuss and unless there is an emeregency, that has traditionally been our procedure. Most cities that I know of, the City Administrator does the agenda and has the authority to say hey there's nothing to discuess, so cancel the meeting. We also have the authority to cancel meetings. Theres never been an issue before. BJ -we canceled the last meeting and tonight we have all the way down to R. we have the council comments at the end of the meeting and there is a lot of things to discuss. This is they only times we can discuss them. MDO-apologize, we did not have a long list of pressing items. Modification during the itme because of COVID. It was kind of incidental. There was only two or three items on this agenda that we had in time for the meeting. I guess no matter wat you'd have a long meeting tonight. MC -id like to have the opportunity to say to cancel, but we are under the COVID situation so at least we could have discussed that. Every time we cancel a meeting, we were in agreement in the past. We weren't even notified. I think we owe it to our people to do the two meetings per month. DW= -consensus to come up with plan. MDO-can't poll council JF -can not poll the council. I don't know how often this happens. DW-ok so we'll just ugh, I can tell we're not going of cancel any meetings. JF -as a courtesy the Administrator can contact council members of his intention, so his discretion can be exercised. WA -1 agree with that. I agree with MC, we weren't notified, and it was egg on our faces. DW -so you've got your instructions. We only have two scheduled meetings a month. All of us attend more than two meetings. We have liason board meetings. P. Discussion of update on Primitive Baptist Church — Councilman Keefe BK -I just would like an update. Its been a while. Last time we had an update was before new city attorney was on board. I live around the corner from the historic building. Just wanted to see if there was an update. JF -the city purchased the 2017 and 2018 tax certificates from capital one. DW -that gave us standing because they could have called for a tax deed, to get them out of the picture, we paid off that tax so we purchased the next tax deed. They could request a tax deed. JF -based on what I put together, on or after 4/1/2021, we can file for a tax deed. The two years began when we purchased the 2018 unpaid tax. BK -so we discussed previously an estate donation, but you could probably say it better, but family members would need to be able to sign for the Raulerson trust. DW -every Raulerson descendant would have to be contacted by certified mail. There are 100s and if one of them objected, it became a very costly and lengthy process. That's we decided on this strategy. We thought that it was in a trust and have a new trustee. Then they could donate. That was done in 1915 and wasn't set up as a trust. It reverted back to the Raulerson family. It would have been a simple process. BK -the update is our only option is the tax deed. MC -so who in this process has to maintain that property. DW -technically the Raulerson family. One the members is paying for yard service. JF -they are technically the owners and we're not. MDO-the tax certificate is coming up soon. Would it be appropriate to buy the 2019 tax deed as well. May 5, 2020 Regular Meeting Page 12 of 14 JF -you don't have to acquire this next tax deed in order to have standing in theory, you could be saving some interest on the money. They bid up the interest on these. BK -but if we didn't, next April.... DW -then we'd have to pay the 2019 taxes and interest. BJ -what is your recommendation JF -legally its not necessary, but there is a quantifiable savings. BK -so we'll end up paying the taxes anyway? MC -motion to pay the taxes at 0% interest; WA second Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. Motion Carried. Q. Discussion of status update on all current projects, i.e. SW 5th Avenue, SE 8th Avenue, etc. — Councilman Keefe BK -I requested this to get an update on some projectgs. I haven't seen anything in a while. The combined monthly report was just sent out. MDO-apologize for April. Combined the two. V and 6th final plans sent to FDO. (get a copy of the report emailed to council.) SE 8th time extension. 4th street prelim layouts on what we're going to do. My goal is to have 6th and 3rd bid this budget year. WA -all of these projects grant dollars? Yes, do we lose money, no but that's why we extended 8th MC -5th MDO-3rd & 6th waiting on FDOT, MC -5th talking by central elementary all the way to 70. 5th heavily travelled because of the short cut to Walmart. Cant add anymore or extend it? MDO-no way to add additional dollars to it. DOT likes the project to be clean. MC -can we contract or go out to bid? MDO-yes, but it will have to be a separate project. DW -so you can look at that? MDO-yes R. The discussion of street paving and striping plans from the Public Works Department was deferred to the May 19, 2020 meeting at the request of Council Member Keefe. VIII. COUNCIL COMMENTS WA -none BJ -my comment, there's some businesses really having a tough time, im fortunate didn't lose a job. Now the restaurants need us, we need to contemplate on helping them. Once a month provide us a status on the items we vote on. We tend to forget some of the items. Im not blaming anybody, give us a monthly update on the status of things. MDO-wawa, I did have the newspaper reach out to the public announcement department from wawa. DW -as far as we know its still on. BK -thank you to Clerk. My comment to that is its quite different in that its more subjective, if none the less, if you don't have a copy of the current contract and job description. Should be part of that evaluation. Comment for his sake, the critiquing makes you a better worker, person, please ensure you are including comments. Um going back to the charter review, was it a consensus to direct the admin/attorney to come back with options? DW -yes BK -handicap signs on park street in front of shops. So I mentioned.... summertime. MDO-bring back MC -none. All businesses are hurting, im essential and sales are down 60-70%. We all appreciate the business we can get. Then our restauarants and barbershops need our help.l IX. There being no further items on the agenda, Mayor Watford adjourned the meeting at 8:33 P.M. The next regular meeting is scheduled for May 19, 2020, at 6:00 P.M. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk May 5, 2020 Regular Meeting Page 13 of 14 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. May 5, 2020 Regular Meeting Page 14 of 14 CITY OF OKEECHOBEE, FLORIDA MAY 57 2020, REGULAR CITY COUNCIL MEETING M HANDWRITTEN MINUTES BY LANE GAMIOTEA I. CALL TO ORDER Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March -20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications ---media technology (CMT) such as telephonic or video conferencing, as --- provided by Section 120.54(5)(b)2, Florida Statutes. Mayor Watford called the regular meeting of the City Council for the City of Okeechobee to order on Tuesday, Nfay 5, 2020, at 6:00 P.M. in the City Council Chambers, 65 Southeast 3rd Avenue, _Room 200, Okeechobee,. Florida. The CMT meeting was conducted by means of using Zoom online Meeting ID 245-°713; with the Host computer operated by Executive Assistant Robin Brock. The video, audio, and digital comments are recorded and retained as a permanent record. A. TF e invoca ion was off ere y ayor atford. B. The Pledge of Allegiance was led by Mayor Watford. II. ATTENDANCE City Clerk Lane Gamiotea called the roll (from Chambers): PRESENT ABSENT VIA ZOOM? Mayor Dowling R. Watford, Jr. �( Council Member Wes Abney �( -Council Member Clar Council Member Jarriel ouncil Member ee e - _City Attorney John Fumero City Administrator Marcos MontesDeOca C �P lice Chief..Bob. Peterson Fire Chief Herb Smith Public Works Director David Allen Deputy City Clerk Bobbie Jenkins X X her office III. AGENDA AND PUBLIC COMMENTS - A' Mayor Watford -asked whether there were requests for the addition, deferral, or withdrawal o agenda items. n- B. Council Member 1 moved to approve the agenda as-pubtis-i a`s amended; seconded by Council Member j' ,. J I Ma or atfo Council Members Abney, Clark. Jarriel, and Keefe vote : A,y . Nays( none __ Motio a ried. C. There were _� agenda item forms or comment cards submitted for public participation for any issues not on the agenda. f �I)� ` V. ROCL-►MATIONS AND PRESENTATIONS A. May 2020 was proclaimed as "Mental Health Awareness Month" with Mayor Watford reading= the following into the record: "Whereas, the mental health of every citizen, family, b, iness owner and resident of Okeechobee is a critical factor in its emotional and May 5, 2020 handwritten minutes by L. Gamiotea Page 1 of 13 -stability; -and Whereas, -mental health is as essential -to -maintaining overall ----------- health as physical health; and Whereas, everyone encounters periods of stress and ;Ctmie lives ­but should have- adequate, ample -accessible -resources -to-mental fear ii health care when it's needed; and Whereas, only 60 percent of Americans with a serious mental health illness seek treatment, while 100--p-e"*r-c--e--n-t-'-o-f-'Illrid��b!§--are It .-treatable; -and -Whereas, -stigma- is often the key limiting _f4qtqr_to ... treatment; and ereas, we the Mayor, City Council and Citizens of Okeechobee -s'tr-iv-e-- to -b-e-'a­­- --who supports -mental --wellness, including. greater -access to treatment, ­ it I creasing educational tools and resources for our citizens, and continually s , pporting -those -citizens -with -mental -health -illnesses;- -Now -Thereforej, 1, -Dowling -R. W�tford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, F�lorida, A -0 hereby -proclaim-the--month-of May 2020, --,as- -Health Awareness - the City of Okeechobee." ith ew Horizons of the Treasure Coast Mayor Watford read the following proclamation into the record: "Whereas, the City of --6keechobee is committed to recognizing that our growth and strength -depends on -the s ' afety and economic value of the homes, buildings and infrastructure that serve our cii'iid hs--, both 1 n -6,V& ay'lifo-and In times of natural -disaster;, and -,WHEREAS-our--- confidence in the structural integrity of these buildings that make up our community ---prevention -- - -officials, -.--engineers,.-- builders,,. tradespPopjq,__Aqs:ign professionals, laborers, plumbers and others in the constru—ction -industry-whD work -- -year-round to --ensure --the - safe construction ..of --buildings; . and --Whereas, -these guardians are dedicated members of the International Code Council, a U.S. based ---- -- -d�ganizationf that brings together local,- state and federal officials that are experts -in the built environment to create and implement the highest -quality codes to protect us learn,' -Work,- play; 'and - Whereas,-ou r -nation-benefits iddonomically and technologically from using the International Codes that are eveloped by a national voluntary consensus codes and standards-- developing -our­govern�nent. is,-able,.to- avoid -the high cost - and _complexity__ of de'veloping and maintaining these codes, which are the most"' widely adopted building --sa ty-and-fire -prevention -codes in the -world; -and Whereas, -these -modern. building - codes include safeguards to protect the public from natural disasters such as urricanes, snowstorms --tornadoes,- wildland - fires,- floods -and -earthquake; --which, according to a FEMA-c�mmissioned study by the National Institute of Building US ie-n-cbs-,­p-r-dVidd-$11 An' -future mitigation -benefits *for every -dollar-invested; -and I ... - - - - - -- - . -Month is sponsored by the International Code Council to remind the public about the-' ciltical'--role- of 6' *ur----c'-o-'m---'-m--u'-n-iti-e"sl-'I iigely- dfiknow-ni­ It ------ -protectors of public safety -our- local -code officials -who assure us of safe, efficient and liyable buildings that are essential to Americas prosperity; and Whereas, "Safer --Buildings,.--Safer -Communities, - -Safer-.World,'--the -theme -for-Building - Safety -Month . 2020, encourages all Americans to raise awareness of the importance of safe and ---resilient construction; fire prevention; disaster mitigation -and -new technologies -in the construction industry. Building Safety Month 2020 en�ourages appropriate steps everyone can tak&-tb-dnsur6 th'd-safety-of our built environment,--and-recognizes-that - illie implementation of safety codes b local and state agencies has saved lives and protected homes and businesses; and Whereas, each year, in obserivia-h-ce-of Bull( ing Americans are -asked to-conslderjhe- commitment to imprpKe�_building. s fety and economic investment at home and in the community, a'nd to acknowledge --A e -essential service provided -to all of.us by local and state -building departments, prevention bureaus and federal agencies in protecting lives and property. Now, -I -Dowling -R-Watford�­Jr.-,by -virtue -of -the -authority -vested -in -me -as -Mayor---- — the Ci� 'of Okeechobee, Florida, do hereby proclaim the month of May 2020 as BWIdid§-Sdfdty' Month'." cla ation -was -accepted - by -City -Build ing -Official-Mr. -Jeffery-Newell who was in attendance via ZOA. ----W1ay5,2O2Dhandwritten minutes bvLGarnintea Page2-of-13 C. The following Proclamation was read into the record by Mayor Watford.. "Whereas, Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and Whereas, Code Enforcement Officers are often not credited for the jobs that they do in saving lives and improving neighborhoods; and Whereas, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and Whereas, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and Whereas, Code Enforcement Officers are dedicated, well trained, and highly --- responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and Whereas, the Florida-- Association of Code Enforcement has declared the first week of June be set aside by cal government to honor and recognize their Code Enforcement Officers. Now herefore, I, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor f the City of Okeechobee, Florida, do hereby proclaim June 1 through 5, 2020, as ode Enforcement Officers' Appreciation Week' in the City of Okeechobee." On behalf of Code Enforcement Officer Fred Sterling, Chief Peterson, who was in attendance in the Council Chambers accepted the proclamation, .. ����,�ccLCl' ��f7Z2�1• D. On behalf of the City, Mayor Watford and Police Chief Peterson presented Ms. Dawn Wendt with a Longevity Service Award of $250.00 and a framed certificate which read "In recognition of your 20 -years of service, hard work, and dedication to the City, its citizens, and your fellow employees from May 1, 2000 through May 1, 2020." 5 � ,.� `rte: _`-� l'�� -��'�'`�tc►�c� Accepted by Chief Peterson on Sergeant Wendt's behalf.qiuo y V. CONSENT AGENDA _ A motion was made by Council Member to approve the consent agenda items A ya_ through E [April 7, 2020, Regular meeting minutes; March 2020 Warrant Register in the amounts: General Fund $566,468.46, Public Facilities Improvement Fund $22,813.33, and Capital Improvement Projects Fund $10,180.77, the detailed list is incorporated within in the minute file-, Appoint Steve Weeks, Jr. as the Fire Department alternate to the Employee Grievance Committee, term being May 6, 2020 through January 31, 2022, or until a successor is appointed (replaced Joshua Sanders); Re -appoint Karyne Brass as a regular member on the Planning Board, Board of Adjustment, and Design Review Board; term to begin retroactive to May 1, 2020 through April 30, 2023, and Re -appoint Felix Granados to the Planning Board, Board of Adjustment, and Design Review Board; moving from an alternate to regular member, term to be retroactive to May 1, 2020 through April 30, 2023 [as provided in Exhibit 1]; Disposal of obsolete and surplus equipment: Acer Window Vista Desktop Computer, (2) Desktop computers, Website desktop computer; File Server, (2) HP Desktop Computers, (2) HP Slimline Desktops, HP Laptop, HP Notebook, Acer Window Vista Desktop Computer, Dell Inspiron N5010 Laptop, Dell Inspiron 600m Laptop, HP Pavilion Slimline Desktop, (2) Acer Hard drive Desktops, Gateway MAnitor, Dell Monitor [as provided in Exhibit 2]; seconded by Council Member /'� Mayor Watford , Council Members Abney , Clark ,Y; Jarriel , Keefe, Motio rried/Denied. May 5, 2020 handwritten minutes by L. Gamiotea Page 3 of 13 s ATFORD OPENED'THE PUBLIC HEARING AT P.M. .A. A ion was made by Council Member i' C to read proposed Ordinance No. 1209 by title only, regarding Comprehensive Plan Small Scale Future Land Use (FLU) Map Amendment Application No.02 003 -SSA, submitted by Mr. Mitchell Hancock on behalf of the property owner Mitchell G. Hancock, Inc., reclassifying approximate y acresocl- aced in - - the 700 block between Northwest 7t" and 8t" Streets along Northwest 6t" Avenue, from Single Family Residential (SFR) to Industrial (IND) [as provided in Exhibit 31; seconded by Council Member �- ayor ' atford, Cou- rlicn Members Abney \;f' , Clark , Jarriel eTe = Motion a `ied Denied. Attorney Fumero read proposed Ordinance No. 1209 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 INDUSTRIAL (APPLICATION NO. 20 -003 - SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERAB16ITY; AND PROVIDING FOR AN EFFECTIVE DATE." A motion was made .by Council Member to adopt proposed Ordinance No. 1209; seconded by Council Member f2_. 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 April 16, 2020; both recommend approval ota zoom. The Appli atlon was found to be consistent and compatible with the Comprehensive -Plan--and--- -. adjacent uses. The current surrounding FLU designations are SFR and IND to the North, IND to the East, SFR to the South and West. The surrounding zoning districts are IND to the North; East and West, Multiple -Family Multiple-mily to. the-South—The existing surrounding uses are a concrete plant to th- North, vacant to the East and West, and single family residences to the South. The AmendmeVas=adequate public facilities available for industrial use. The -traffic,impact -statement --T provided an estimated 651 additional vehicle trips, and should not affect the level of service to the surr n ing roadways. There does not"appear,to be any environmental impacts. w s present on behalf of the property owner. kfislynLWDtford asked if there were any questions from the public; there were none. ae" _' <4 c -/b �-- civ Wim. Mayor Watford Motion harried o - Ll Council Members AbheY Clark, Jarriel,, Keefe ied. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT �G� P.M. May 5, 2020 handwritten minutes by L. Gamiotea Page 4 of 13 GJoF�b �;cc�,ti fes- QO� flu- -a _ I I ftqg:�� AlLxaoA, A, VU 6 VII. NEW BUSINESS A. A motion was made by Council Member , : to read proposed Ordinance No. 1210 ae klete, 1210 by title only, aeEl-set �t�"��-0 regarding amending City Code -of --Ordinances Chapter 6, Section 6A—to-allow for alcohol package sales on Sundays beginning at 10:00 A.M. [as provided in Exhibit 4]; seconded by Council Member Mayor Watfgrd % , Council Members Abney 'f , Clark Jarriel ! , Keefe. Motion(Ca rr e�dDenied. _ Attorney Fumero read proposed Ordinance No. 1210 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 INCLUDING PACKAGE SALES WITHIN THE CITY AT CERTAIN TIMES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABULITY; PROVIDING FOR AN EFFECTIVE DATE." �J A motion was made by Council Member o approve the first reading of proposeU Ordinance No. 1210; seconded by Council Member % f __, Attorney Fumero explained in a memorandum included in Exhibit 4 that proposed Ordinance No. 1210 amends Chapter 6, Section 6-1 of the City Code of Ordinances eliminating the exclusion of retail package sales on Sunday and would allow the package sales to begin at 10:00 A.M. on Sundays. This amendment will make the City Code pertaining to alcohol sales consistent with Okeechobee County. Af- qP47 d, Mayor Watford \ , Council Members Abney N( , Clark,, Jarrlel , KeefeLL- Motion Carrie Hied. C)V& &Ujc\�-, GA- B. Discussion on mee itng ecorum - Mayor. _t, V_zx, 6, h a _ .1)4 . May 5, 2020 handwritten minutes by L. Gamiotea Page 5 of 13 hou gottims r - ptctuy>t _ 4 --a TC -)f e 4- k6 k d�PILCAtl dXdt4 a&_CA - alnioho,.- MINAMMAR D. Council Member -- mover to approve a change of scope for Centennial Park Restroom and Pavilion Improvements Bid No. PW -01-00-12-19 resulting in a reduction in the amount $37,318.98 [as provided in Exhibit 5]; seconded by Council Member Single restroom with separate chase for housing mechanical, electrical equipment for storage in a CBS block building with stucco exterior and interior walls, engineered wood trusses and 24 gauge metal. All fixtures to be stainless steel and meet ANSI compliance. Original bid: $85,047.60; Revised Bid: $54,369.32; Savings: $30,678.28. 20'x40' steel frame h -beam with epoxy prime and coating, 24 gauge metal roof, z-perlins with no t&G wood, 4" reinforced concrete slab. $61,530.70. (2) 1 0x1 0 steel frame h -beam with epoxy prime and coating, 24 gauge metal roof, z-perlins with no UG wood, 14" reinforced concrete slab. $22,343.20. Additions to the original contract is an allowance of $5,000.00 for solar lighting in restroom and a USB charging station at each structure. Original Bid: $175,562:20-- -- -- Value Engineering Savings: $(37,318.98) New Contract Total: $138,243.22 Mayor Watford, Council Members Abney Y, Clark --2—, Jarriel i , Keefer_. Motion- Carried/Denied. E. A motion was made by Council Member l j 1 to-adopt`proposed Resolution No7.- 2020-04, establishing electronic meeting procedures and implementing protocols [as provided in Exhibit 6]; seconded by Council Member Attorney Fumero read proposed Resolution No. 2020-04 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF OKEECHOBEE, FLORIDA ADOPTING POLICY AND IMPLEMENTING PROTOCOLS FOR THE USE OF COMMUNICATIONS MEDIA TECHNOLOGY TO FACILITATE ATTENDANCE BY ELECTED AND APPOINTED OFFICIALS AT PUBLIC _ MEETINGS AND TO ALSO FACILITATE PUBLIC PARTICIPATION AND ATTENDANCE -AT — SUCH MEETINGS; PROVIDING THAT THE USE OF SUCH PROTOCOLS IS LIMITED TO PERIODS OF DECLARED EMERGENCY WHEN PUBLIC HEALTH AND SAFETY GUIDANCE LIMITS THE SAFE ATTENDANCE AT -SUCH MEETINGS IN PERSON AND WHEN SUNSHINE LAW REQUIREMENTS ARE LAWFULLY RELAXED TO PERMIT SAME; PROVIDING A CONFLICTS = CLAUSE; - PROVIDING -A SEVERABILITY CLAUSE; PROVIDING FOR -AN EFFECTIVE DATE, AND FOR OTHER PURPOSES." Mayor Watford )L Cc Motion Carrie /Denied. May 5, 2020 handwritten minutes by L. Gamiotea Page 7 of 13 Jarriel /" , F. Review and discuss the Admiristrator performance evaluation research from other municipalities for the purpose of crzating a new form to implement [a5 provided in Exhibit 7]. al---� , w CV I L,- Fj�AA'Z,-t I ,r Air. -., May 5, 2020 handwritten minutes by L. Gamiotea Page 8 of 13 G. A motion was made by Council Member to renew the annual Agreement for Information Technology Services with ICS Computers [Request For Qualification No. FIN 01- 32-03-19] in the amount of $24,960.00 [as provided in Exhibit 8]; seconded by Council Member 1 - Mayor Watford , Council Members Abney / , Clark , Jarriel , Keefe ----_.._M.otionC�arrred/Denied. H. Acknowledgment of offer for a Right -of -Way Acquisition from the Florida Department of Transportation for 6,089 square feet to be purchased in fee for Parcel 125 regarding the State Ro6d 7-10 Project, and/or submit a Letter of Intent to donaf-e-f 1f a properly back to the Florida Department of Transportation [as provided in Exhibit 9]. $12,200.00 value i'1. y. .� m►-�. ��` tib- .� � : � ti e �U�/Ur✓I0� 1 �C) z Council Member by Council Member 1' so I I Mayor Watford Council Motion�Carried/Denied. moved to approve the Donation of Property to FDOT; seconded detv Members Abney \i , Clark /i , Jarriel-�—O, Keefe. A motion was made by Council Member V l -- to approve the revised School Resource Officer (SRO) Program Agreement between Okeechobee County School Board and the City of Okeechobee to comply with the required additional language as per Florida Statutes 1006.13(4)a [as provided in Exhibit 10]; seconded by Council Member _ ix& -Y- Uzi O Aat 01 l�Gw rxLam- D V j Mayor Watf d ,Council Members Abney , Clark�Jarriel % _, Keefe Motion Carried/ enied. May 5, 2020 handwritten minutes by L. Gamiotea Page 9 of 13 motion was made by Council Member to approve a Letter of Commitment for the Hendry, Okeechobee, and Glades Opioid Consortium (HOGOC) Program implementation --------[as provided in Exhibit 11]; seconded by Council MemberTf) Mayor W�-tferd�L, Council Members Abney , , Clark \r , Jarriel , Keefe Motiony� /Denied. - - K. Discussion regarding withdrawing remaining Specialized Legal Services A reement with Lewis, Bribois, Bisgaard & Smith LLP [as provided in Exhibit 12]. Insurance claim filed regarding data incident in October 209. Agreement was approved by Council for specialized legal services regarding the incident, however, COI was not provided until much later for the NTP. Based on timing and no incident being filed and the recommendation of ICS Computers, it is recommended that we do not proceed with the remaining contract for services and the vendor is in agreement with same (savings of $7,680.00). M � _m -. t �' Mll� SV i7 IM. - L. A motion was made by Council Memberto approve an Engagement Letter with _Nason, Yeager, Gerson, Harris &_Fumero, P.A., for the City Charter Review Initiative [as provided in Exhibit 13]; seconded by Council Member fig rY1,M �I:�Cv�%i (`P 1., �/YL ( vL r (e"i 1�(kF �i �a& Partner in Charge: John Fumero Attorney hourly rate: $275.00 - Paralegal hourly rate: $80.00 Propose not -to -exceed $45,000.0.0 as that is what the approved budget is or. I 'j 4. Lq W 0)ro 0 ow Ohfla - 'y' __/ Lj V ham C.e W +0 CID _ U,0'0; Mayes Watford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye: _. . 5� otion Carrie ��— f May 5, 2020 handwritten minutes by L. Gamiotea Page 10 of 13 rl s 11 i ty 6-q u 4v —4 ee -6'Al-L r u .,� 1 \� r vat /5d 11 V � v �9/►/i%/lfJ� T F c ` CaE I:�16J2=, L �-- --M-;----A motion was made by Council Member �!�!�� to approve Amendment Na. -I -to the City Attorney Legal Services Agreement with the Firm of Nason, Yeager, Gerson, Harris & Fumero, P.A. [as provided in Exhibit 14]; seconded by Council Member The City entered into an agreement with the Firm of Nason, Yeager, Gerson, Harris & Fumero, P.A. on January 1, 2020. The agreement, among other things, provided that the Firm would provide legal services jat an hourly rate of $275.00, not to exceed $9,400.00 per month for a 90 -day trial period. The trial ,period allowed the Firm to determine the City's actual legal needs and priorities and to develop a reasonable monthly budget. The City has many legal issues and priorities it has addressed during the past 90 days and many more it wishes to address going forward. These times have taken considerable time in addition to dealing with the legal requirements thrust upon us by the COVID-19 emergency. From January through March, the Firm has spent well in excess of See 34 hours per month they contemplated in their original legal budget. The Firm has agreed to continue to provide legal services to the City at the not -to -exceed flat monthly fee of $9,400.00 per month will all other provisions of the original agreement remaining the same. r May-or-1RVatford, Council Members Abney, Clark, Jarriel, and Keefe voted: Aye. Nays: none. oti N. Amotion was made by Council Member i to approve the use of FLAGLER PARK tJ lrecognize the 2020, Okeechobee High School graduating class with signs; seconded by Council Member f) C (Y00 i I S (_� ncil Memb rs Abney, Clark, Jarrierand Kdffe voted: Aye. Nays: none. May 5, 2020 handwritten minutes by L. Gamiotea Page 11 of 13 O. Discussion of policy and procedure of canceling regular City Council meetings — Councilman Keefe r ►_ ! ` ll DOWN ORT MV WONv2.O r_ �s 't� ��� �. �.��� �►.� I use, - IN �..d 1 FT On, ����1--ussionofuDdateonPrimftiveBat)tI Ctur-ct—Qau-rcdTraTVeefe- I ARKO�t _ IWS3 NO• - MU s WqXROULT MU i A Q. Discussion of status update on all current projects, i.e. SW 5t" Avenue, SE 8t" Avenue, etc. — Councilman Keefe d- low 0 0 t t cn 4 -La s �j1ah � 13� R. Discussion of street paving and striping plans from the Public Works Depart 6—nf Councilman Keefe �� a May S, 2020 handwritten minutes by L. Gamiotea Page 12 of 13 1'� VIII. COUNCIL COMMENTS /ls A , . A. -n^i A 1. ,n ri n_JL e- -J— dln i I) Z9111 V— e i n agenda, Mayor Watford adjourned the meeting at iinutes by L. Gamiotea Page 13 of4:-3