2020-05-19 Approved Minutes24
(sITY OF OKEECHOBEE, FLORIDA
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MAY 19, 2020, REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
I. CALL TO ORDER
Mayor Watford called the regular meeting of the City Council for the City of Okeechobee
to order on Tuesday, May 19, 2020, at 6:00 P.M. in the City Council Chamber, located
at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. Pursuant to Executive
Order No. 20-69 issued by Governor DeSantis on March 20, 2020, and extended by
Executive Order No. 20--112, effective May 4, 2020, the meeting was conducted utilizing
communications media technology (CMT) as provided by Florida Statutes
120.54(5)(b)2, by means of Zoom.com Meeting ID 2459713294. The Host computer
was operated by Executive Assistant Brock. The video, audio, and digital comments are
recorded and retained as a permanent record. The invocation was offered by Council
Member Jarriel, followed by the Pledge of Allegiance 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 in the
Chamber.
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, Finance Director India Riedel, and Executive
Assistant Robin Brock were present in the Chamber. Members of the public and press
were also present in the Chamber as well as via Zoom.
III. AGENDA ARID PUBLIC COMMENTS
A. Mayor Watford asked whether there were any agenda items to be added,
deferred, or withdrawn; New Business Item VI.E. was withdrawn.
D. Council Member Jarriel moved to adopt the agenda as amended; seconded by
Council Member Clark.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted:
Aye. days: none. Motion Carried.
C. There were no agenda item forms or comment cards submitted for public
participation for any issues not on the agenda.
Ill. PROCLAMATIONS ARID PRESENTATIONS
A. Mayor Watford proclaimed the week of May 17 through 23, 2020 as "National
Public Works Week." The document was graciously accepted by Director Allen
on behalf of the Public Works Department employees, and read into the record
as follows- "Whereas, public works professionals focus on infrastructure,
facilities and services that are of vital importance to sustainable and
resilient communities and to the public health, high quality of life and well-
being of the citizens of the City of Okeechobee; and Whereas, these
infrastructure, facilities and services could not be provided without the
dedicated efforts of public works professionals, who are engineers,
managers and employees at all levels of governments and the private
sector, who are responsible for rebuilding, improving and protecting our
nation's transportation, water supply, water treatment and solid waste
systems, public buildings, and other structures and facilities essential for
our citizens; and Whereas, it is in the public interest for the citizens, civic
leaders and children in the City of Okeechobee to gain knowledge of and to
maintain a progressive interest and understanding of the importance of
public works and public works programs in their respective communities;
and Whereas, the year 2020 marks the 60th annual National Public Works
Week sponsored by the American Public Works Association/Canadian
Public Works Association; and Whereas, this year's theme is `The Rhythm
of Public Works' as we celebrate the hard work and dedication of the many
public works professionals throughout the world. Now Therefore, I,
Dowling R. Watford, by virtue of the authority vested in me as Mayor of the
May 19, 2020 Regular Meeting Page 1 of 12
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City of Okeechobee, Florida, do hereby proclaim the week of May 17
through 23, 20:20, as `NATIONAL PUBLIC WORKS WEEK' in the City of
Okeechobee, and call upon all citizens to pay tribute to our public works
professionals, engineers, managers and employees and to recognize the
substantial contributions they make to protecting our national health,
safety, and quallity of life."
V. CONSENT AGENDA
A motion was made by Council Member Clark to approve the Consent Agenda
Items A through B [March 11, 2020, Town Hall meeting minutes; April 2020
Warrant Register in the amounts: General Fund $571,611.71, Public Facilities
Improvement Fund $47,698.62, Capital Improvement Projects Fund $1,765.00,
and Law Enforcement Special Fund $150.00, the complete list is included in the
minute file]; seconded by Council Member Keefe.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted:
Aye. Nays: none. Motion Carried.
VI. NEW BUSINESS
A. Mrs. Tiffany Collins, Administrator of the Florida Department of Health (DOH) in
Okeechobee County, provided an update on COVID-19. Governor DeSantis
issued Executive Order 20-123 on May 18, 2020, implementing full Phase 1
status in the Stade, which means restaurants, barbershops, beauty salons, and
retail stores can operate at 50 percent capacity, while following DOH social
distancing guidelines. As of today, Okeechobee has 45 confirmed positive cases
of COVID-19, out of the 1,169 individuals tE�sted (these numbers do not include
the second round of testing performed at the Okeechobee Health Care Facility or
Grand Oaks Assisted Living Facility). Florida has 46,944 confirmed positive
cases with 8,494 hospitalized and over 2,000 deaths, calculating an overall 4.4
percent death rate. There are over 1.5 million confirmed positive cases in the
United States. The recovery data is still not being posted to the DOH Dashboard
provided on their website, as the Centers for Disease Control continues to
formulate a consistent way of posting for each State. The DOH expanded the
testing criteria to fever, coughs, shortness of breath, chills, muscle pain, new loss
of taste or smell, vomiting, diarrhea, and sore throat. Should anyone have these
symptoms, contact the County Health Department to schedule a test. The testing
sites in Okeechobee are the DOH, Florida Community Health Centers,
Okeechobee Urgent Care, and Quest Diagnostics in coordination with Wal-Mart.
Mrs. Collins elaborated, but could not verify, that the eight confirmed increase in
cases in one day was from the local Department of Juvenile Justice facility. Mayor
Watford thanked Mrs. Collins for the update.
The discussion then turned to the expiration of the Local State of Emergency.
Governor DeSantis extended the Florida State of Emergency to July 1, 2020.
Mayor Watford presented and distributed proposed Resolution No. 2020-06,
which will extend the City's State of Emergency to mirror the State's expiration
date upon approval.
A motion was made by Council Member Keefe to adopt proposed
Resolution No. 2020-06 extending the Local State of Emergency to July 1,
2020, unless the Mayor terminates it earlier; seconded by Council Member
Clark.
Mayor Watford read the title of proposed Resolution No. 2020-06 as follows: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE,
FLORIDA EXTENDING THE PUBLIC HEALTH EMERGENCY DUE TO
CORONAVIRUS 2019 (COVID-19) THROUGH JULY 1, 2020; PROVIDING AN
EFFECTIVE DATE.,'
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted:
Aye. Nays: none. Motion Carried.
May 19, 2020 Regular Meeting Page 2 of 12
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13. City Clerk Gamiotea presented two applications for consideration of appointment
to the Planning Board/Board of Adjustment/Design Review Board; Mr. Michael
G. O'Connor, a City resident and business owner, and Mr. Joseph Papasso, a
City business owner.
Council Member Keefe moved to appoint Mr. Papasso as an Alternate
Member to the Planning Board/Board of Adjustment/Design Review Board,
term being May 20, 2020 through April 30, 2023; seconded by Council
Member Jarriel.
Mayor Watford explained Mr. Papasso will be taking the place left vacant by Mr.
Felix Granados who was recently moved to a regular member position, replacing
Mr. Les McCreary whose term sunset on April 30, 2020; a certificate of
appreciation will be presented to Mr. McCreary at a later date, not to be
conducted at a Council meeting due to COVID-19 safety measures.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted:
Aye. Rhys: none. Motion Carried.
C. An Asphalt Paving Plan, Sidewalk Plan, and Striping Work Plan were provided in
Exhibit 2 for Council review. Public Works Director Allen explained that the
Asphalt Paving Plan is based on a survey conducted in February 2020. The
Plan includes a 25 -page report that identifies approximately 62 miles of paved
roads with an additional 2.5 miles of unpaved shell roads. It provided a four -tier
ranking system for paved roads: excellent -roads that have been resurfaced within
the last five years; good -roads with acceptable pavement conditions with no
major cracking or other defects, and no significant vibration felt when driving; fair -
roads with more severe cracking or other defects, and noticeable vibration felt
when driving, poor -roads that have major issues such as spalling or pushing, or
have significant damage from other causes. Using an assumed pavement life of
50 years for each road, the City would need to resurface approximately two miles
of roads each year to maintain quality. The Plan will be used to assist with
budgeting, and will be updated as needed to provide consistent maintenance.
The 2020 Proposed Projects with costs are as follows: South Park Street Alleys
from South Parrott to Southeast 5th Avenues $13,056.00; Northwest 9th Street
from 9th Avenue West 500 -feet $9,887.00; Northwest 10th Street from 3rd to 5th
Avenues $8,961.00; Southwest 11th Avenue from 4th to 8th Streets $28,248.00;
Southwest 21st Street from 7th Avenue East 1,200 -feet $23,305.00. Small
County Outreach Program (SCOP) Grant funded projects to be paved based on
the grant timeline: Southeast 3rd Avenue from North Park to 4th Streets;
Southeast 6th Street from South Parrot to 6th Avenues; Southwest 5th Avenue
from North Park Street to South of Central Elementary. Additional roadwork in
front of Gilbert Oil located at 303 Northwest 9th Street, and Diamond R Fertilizer
located at 710 Northeast 5th Avenue totaling $35,000.00. The total estimated
cost for the City funded 2020 Proposed Projects is $118,456.00 ($120,000.00
was budgeted).
The Sidewalk Work Plan will assist in budgeting for future years and be updated
as projects are completed to provide maintenance consistency. The Plan consists
of three components. One: Sidewalk Rehabilitation identified 1,165 -linear feet
of existing sidewalks requiring replacement with some areas needing the curb
and gutters replaced. Maintenance Foreman Marvin Roberts provided a detailed
list of these areas and categorized them into Priority I or Priority II. The two lists
included the block and street names with an estimated size. Two: New
Construction identified two new sidewalk projects. The primary project is 1,000 -
linear feet on Southeast 6th Avenue connecting Centennial Park with the existing
sidewalk on Southeast 4th Street, which will complete access to the new park
from all blocks of the surrounding neighborhood. However, to do this the City will
need to obtain easements from the 11 property owners on the East side of
Southeast 6th Avenue. Should the primary project not be able to be completed, a
secondary project consisting of 650 -linear feet is located on the South side of
Southwest 8th Avenue from 9th Avenue to West South Park Street, and will
connect a proposed 190 -unit multi -family apartment complex to the downtown
area. Aerial maps provided the exact locations. This component further identified
May 19, 2020 Regular Meeting Page 3 of 12
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four potential new sidewalks to consider in the future. Three: Americans with
Disabilities Act (ADA) South Park Street Ramp Construction to meet current
access requirements within the downtown area. Along East and West South Park
Street, 30 additional ADA ramps, and reconstruction of existing ramps is required.
This also correlates with adding ADA parking in the area. To accomplish this the
plan is to add one ADA parking space and ramp mid -block on the North and
South sides of South Park Street from Southeast 3rd to Southwest 7th Avenues.
Aerial maps provided the proposed locations. Once complete, the focus will then
shift to adding ramps mid -block along the Avenues South of South Park Street.
The 2020 Sidewalk Projects bid includes 10 of the 30 ramps starting in the 100
block of West South Park Street. Two of the 30 ramps are included in the
Southeast 3rd Avenue SCOP project, and two of the 30 are included in the
Southwest 5th Avenue SCOP project. The remaining 16 South Park Street ramps,
as well as ones to be identified along the connecting avenues, will then be
included over the next two to three years until the downtown area is completed.
The final review is being completed on the bid packet to have the City funded
portion awarded by the Council in the near future.
The Pavement Marking/Striping Work Plan existing of a five page
memorandum provides three classifications depending on the street's level of
service. Primary Streets are located within the Central Business District, other
key business areas, and high use through streets. These will be painted every
second year with streets located South of North Park Street/State Road 70
painted during even years, and North of North Park Street during odd years.
Table I identified specific streets and each even or odd year they will be painted.
Secondary Streets include business areas and streets classified in the Manual
on Uniform Traffic Control Devices (MUTCD) Section 3.01.01, streets in the first
block adjacent to North Park Street and Parrott Avenue, and other streets near
public facilities. These will be painted on a rotating four year schedule as follows:
year one Southeast; year two Southwest; year three Northwest; year four
Northeast. Ancillary Streets are classified as all other public streets not included
in the Primary and Secondary classifications, and will be painted every four years
on the same schedule as Secondary Streets. All classification markings include
centerline, stop bars, with parking spaces and cross walks where appropriate.
The City follows the MUTCD guidelines of which a portion was included providing
the standards with examples for striping roadways.
The Striping Work Plan 2020 and future years will be a primary activity during the
months of January through April or May, once holiday decorations are taken
down, as this is generally the dry weather season. Pavement marking is
conducted by Public Works employees and budgeted within the Department's
supplies and other services. This Plan will assist in budgeting and implemented
annually by the Director.
The Council expressed their appreciation with these Plans being completed and
presented. No official action was taken on this item.
D. A motion was made by Council Member Jarriel to approve the proposed
[Mid -year] Amended Fiscal Year 2019-20 Budget [as provided in Exhibit 3
and provided below]; seconded by Council Member Abney.
PROPOSED AMENDMENTS
ADOPTED
MID -YEAR AMENDMENT
10/01/2019
05/19/2020
Page 1 - General Fund
Beginning Fund Balance
$4,342,501.00
$4,342,503.00
Total Revenues
$7,568,165.00
$7,568,167.00
Expenditures: Legislative
$334,722.00
$339,722.00
Expenditures: Executive
$250,420.00
$250,970.00
Expenditures: City Clerk
$281,875.00
$282,475.00
Expenditures: Financial Services
$342,075.00
$350,975.00
Expenditures: Legal Counsel
$145,500.00
$170,125.00
Expenditures: General Services
$535,227.00
$551,967.00
Expenditures: Law Enforcement
$2,803,334.00
$2,809,734.00
Expenditures: Fire Protection
$1,642,577.00
$1,710.651.00
Total General Expenditures
$7,568,165.00
$7,699,054.00
Fiscal Year Ending F=und Balance
$4,342,501.00
$4,211,616.00
May 19, 2020 Regular Meeting Page 4 of 12
PROPOSED AMENDMENTS
ADOPTED MID -YEAR AMENDMENT
10/01/2019 05/19/2020
Page 1 continued: The majority of the additional expenses and overtime were
required to handle the State mandated quarantine and safety precautions due to
the COVID-19 global pandemic_ The specific explanations are provided with
individual line item adjustments below.
Page 5 - General Fund, Legislative Operations & Supplies
3400 Other Contract Services $95,500.00 $100,500.00
Total Supplies and Other Services $222,190.00 $227,190.00
Grand Total for Department $334,722.00 $339,722.00
The Charter Review process for Attorney $5,000.00 more than budgeted
Page 7 - General Fund, Executive Supplies & Other Services
4609 Repairs and Maintenance Equipment $1,600.00 $2,150.00
Total Supplies and Other Services $36,990.00 $37,540.00
Grand Total for Department $250,420.00 $250,970.00
Purchase of monitors to conduct CMT meetings; COVID-19 expense
Page 9 - General Fund, Clerk Supplies & Other Services
4609 Repairs and Maintenance Equipment $10,115.00 $10,715.00
Total Supplies and Other Services $82,200.00 $82,800.00
Grand Total for Department $281,875.00 $282,475.00
Purchase video equipment for CMT meetings; COVID-19 expense.
Page 10 - General Fund, Legal Services Supplies & Other Services
2300 Health Insurance $10,850.00 $2,675.00
3100 Professional Services 380,000.00 $112,800.00
Total Supplies and Other Services .145,500.00 $170,125.00
Grand Total for Department $145,500.00 $170,125.00
The net increase in expenditures of $24,625.00 is detailed as follows: $32,800.00
increase in Professional Services due to the approved Amended Legal Services
Contract, and a $8,175.00 decrease in health insurance costs as the current
Legal Services Contract does not provide for health insurance.
Page 12 - General Fund, Finance Supplies & Other Services
3400 Other Contractual Services 940,500.00 $49,400.00
Total Supplies and Other Services $132,065.00 $140,965.00
Grand Total for Department $342,075.00 $350,975.00
Contractual Services increased to reflect $2,400.00 for a digital data breach
incident and $6,500.00 for public relations/media website service (adding Twitter
account and YouTube channel for broadcasting CMT meetings); partial COVID-
19 expense.
Page 14 - General Fund, General Services Supplies & Other Services
3400 Other Contractual Services $90,260.00
$104,260.00
4609 Repairs and Maintenance Building Equipment $29,773.00
$32,513.00
Total Supplies and Other Services $364,877.00
$381,617.00
Grand Total for Department $535,227.00
$551,967.00
$14,000.00 increase for the County Animal Control Contract, $670.00 laptop
purchase for CMT meetings and possible home-based work due to COVID-19,
and $2,070.00 unexpected handicap lift repairs.
Page 16 - General Fund, Police Supplies & Other Services
4609 Repairs and Maintenance Equipment $27,550.00 $33,950.00
Total Supplies and Other Services $433,364.00 $439,764.00
Grand Total for Department $2,803,334.00 $2,809,734.00
$6,400.00 unanticipated repairs to the Dispatch Station at the County Emergency
Operations Center.
Page 17 - General Fund, Fire Personnel Cost
1400 Overtime $51,600.00 $59,100.00
2100 FICA $70,850.00 $71,424.00
Total Personnel Costs $1,420,350.00 $1,428,424.00
The Personnel Costs increased due to vacancies within the Department due to
multiple resignations. Restrictions due to the quarantine delayed filling the
positions; partial COVID-19 expense.
May 19, 2020 Regular Meeting Page 5 of 12
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PROPOSED AMENDMENTS
ADOPTED
MID -YEAR AMENDMENT
10/0112019
05/19/2020
Page 13 - General Fund, Fire Supplies
& Other Services
4901 Education
$11,000.00
$71,000.00
Total Supplies and Other Services
$222,227.00
$282,227.00
Grand Total for Department
$1,642,577.00
$1,710,651.00
$60,000.00 increase for Paramedic Certification approved by the Council related
to the possibility of the City contracting fire services with the County.
Pages 21 and 22 - Public Facilities Improvement Fund
301-549-6301 SCOP Improvements
$532,488.00
$554,955.00
Total Expenditures
$1,047,988.00
$1,070,455.00
Ending Fund Balance
$885,631.00
$863,164.00
Increase in the estimated cost of the Project.
Pages 23 and 24 - Capital Improvement Projects Fund
304-511-6400 Administration Capital
$6,000.00
$8,000.00
304-519-6400 General Services Capital
$57,400.00
$58,750.00
304-521-6400 Law Enforcement Capital
$341,540.00
$169,540.00
304-549-6401 Parks Capital Improvement
$87,000.00
$168,000.00
Total Expenditures
$790,940.00
$703,290.00
Ending Fund Balance
$2,249,349.00
$2,336,999.00
Administration Capital increased by $2,000.00
to purchase an additional laptop
with software, and additional security
software. General Services Capital
increased by $1,350.00 for Security 101
Change Order, new electronic doors at
City {-fall and computer equipment. Law Enforcement Capital decreased by
$172,000.00 change in vehicles and
equipment purchases.
Parks Capital
increased by $81,000.00 due to the additional costs of the
Centennial Park
Pavilion and {restroom Project.
Page 25 - Other Grants Fund
Beginning Fund Balance
$37,490.00
$260,000.00
302-331-3904 Stormwater Drainage Grant
$0.00
$300,000.00
Total Revenues
$0.00
$300,000.00
302-2752-3100 Professional Services
$0.00
$35,000.00
302-2752-3200 Administrative Services
$0.00
$13,500.00
302-2752-4909 Miscellaneous
$0.00
$1,500.00
302-2752-6400 Park and Canal Improvements
$0.00
$370,000.00
Total Expenses
$0.00
$420,000.00
Ending Fund Balance
$37,490.00
$140,000.00
Changes to this Fund pertains to the
award of the Florida
Department of
Environmental Protection Grant No. LP00007 Taylor Creek Southwest
4th Street
Stormwater.
Page 26 - Appropriations Grant Fund
Beginning Fund Balance
$0.00
$593.00
Ending Fund Balance
$0.00
$593.00
Line Items not listed on the pages above, as well as all of pages 2 to 4, 6, 8, 11,
13, 15, 19, 20, and 27 do not include changes, as the proposed mid -year
amendment mirrors the October 1, 2019 adopted amounts.
Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe voted:
Aye. Nays: none. Motion Carried.
E. The consideration for a letter of support for the Cattlemen's Association to
increase negotiated cattle purchases item was withdrawn from the agenda.
F. Exhibit 5 provided a proposed 10 -page Fire Services Interlocal Agreement (ILA),
two-page cost projection, and a two-page County document titled Completed
Action Item (ID# 5841) giving background and other pertinent information on the
subject from the Board of County Commissioners (BOCC). The purpose of the
ILA is for the City to contract all fire and preventive services to the BOCC,
removing the need for a City Fire Department.
Also included in the Exhibit was a three-page memorandum from Administrator
MontesDeOca highlighting his review of the ILA from a managerial standpoint for
points of discussion and recommended changes by the Council.
May 19, 2020 Regular Meeting Page 6 of 12
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Prior to the meeting, City Clerk Gamiotea received and distributed an email from
Economic Council of Okeechobee (ECOK) Executive Director Mrs. Jennifer
Tewksbury, which was read by Mayor Watford as follows: "The ECOK continues
to support the merger of our local Fire Departments to reduce redundant local
spending without compromising our public safety. Attached you'll find additional
documents from the ECOK relative to your discussion on the ILA with
Okeechobee County -For fire rescue services. Also included is a revised
Agreement as proposed by the ECOK Board of Directors. In summary, the
proposed revisions provide for the following: maintaining the contract execution
date as January 1, 2021 while extending the term to five years; the County to
purchase all necessary City fire equipment for use, eliminating the lease
alternative and obligation to repair and maintain equipment, removal of the
obligation to fund 10 percent of the construction costs of a new fire station; total
cost to not exceed that which would be generated by the existing County
Fire/EMS fee structure if applied to City properties. Please keep in mind, moving
forward with an Agreement of this nature will eliminate $6.7 million in redundant
spending in the City over the course of the next decade. The ECOK appreciates
the City Council's continued efforts to seek the most effective ways to keep the
public safe with our limited tax dollars. We also thank you for consistently keeping
the public informed of this discussion. Please do not hesitate to contact me if you
have any questions on the statement provided."
During review and lengthy discussion the Council made the following changes
(unless noted otherwise, the change was presented as a recommendation from
Administrator MontesDeOca):
Page 1, add a paragraph in the preamble such as: in spirit of the proposed ILA,
the County shall, under penalties of default, provide the same high level of
professional fire services to the City, and those services shall be interpreted to
be: maintaining the same level of fire protection, Insurance Services Office (ISO)
rating, area of and type of coverages, and response times, with modifications so
not to imply Okeechobee County Fire Rescue (OCFR) does not do as good a job
as Okeechobee Fire Department (OFD).
Page 2, Section 2 Services, B. Additional Services. Subsection i, add: County
shall conduct any and all inspections within seven calendar days of date of
request of inspection. The exact number may be modified, OFD uses seven as
an average with 10 days being the maximum. Subsection ii, modify to read:
County shall coordinate with Okeechobee Utility Authority (OUA) and shall
ensure water purveyors provide adequate fire flows and hydrants, as required,
for fire protection and training purposes within the City. Subsection iii, delete: City
references, County shall work with OUA alone. Subsection iv, add: County shall
provide a fee schedule for costs for the various services provided, 30 -days at a
minimum of adoption of this Agreement for review and acceptance. These fees
and charges should be reimbursed to the City or applied a credit to base services.
Page 2, Section 3 Effective Date and Term. Modify date to April 1, 2021 or date
to be agreed upon by both parties prior to contract execution. Change the end
date to January 1, 2026, making this a five-year Agreement as recommended by
the ECOK.
Page 2, Section 4 City's Base Payments for Services and Adjustments,
paragraph A, correlate commencement date to be as now amended in Section 3.
As recommended by the ECOK, amend the "three annual payments Year 1
(January 1, 2021 through December 31, 2021) $697,599.74; Year 2 (January 1,
2022 through December 31, 2022) $708,039.73; Year 3 (January 1, 2023 through
December 31, 2023) $683,261.82 by adding "an amount not to exceed the
assessed value of City properties as generated by the County's existing fire
rescue fee structure" to each year. Projections for years four and five will also
need to be added.
Pages 3 and 4, Section 4 City's Base Payments for Services and Adjustments,
paragraphs B through F are to be removed as recommended by the ECOK.
May 19, 2020 Regular Meeting Page 7 of 12
31
Page 4, Section 5 Personnel. Council wants this section reworded to provide all
City personnel be employed at the same rate of pay, or as close as possible, and
retain longevity years of service. Administrator MontesDeOca and Attorney
Fumero are to continue working with Tori Fatjo, International Association of
Firefighters (IAFF) District 12 Field Service Representative, to assist in this
matter.
Page 4, Section 6 Vehicles. Reword for the City to donate one ladder truck, one
Fire engine, together with all firefighting equipment and apparatus used in
connection with the vehicles. Delete subsections i through vi as recommended
by the ECOK.
Page 5, Section 7 Equipment and supplies. As recommended by the ECOK,
amend to include radio equipment in paragraph A, delete paragraph B.
Page 5, Section 8 Replacement of Vehicles and Equipment. Deleted as
recommended by the ECOK.
Page 6, Section 9 City payments toward Building Construction Costs; Interim Use
of City's Apparatus Storage Bays. Paragraph A to be deleted as recommended
by the ECOK. Paragraph B is to be modified to provide County the usage of
existing building bays for a term no more than one year with payments of usage
to cover utility, insurance, and other applicable costs associated with the bay
areas to be determined. Calls for services cannot be run from the City's building.
Page 7, Section 16 Default. Paragraph A to include language should the County
not be able to provide the same level of fire protection and coverage, and
responses to calls for fire under 4.2 minutes as an annual average and a
maximum of 6 minutes during incorporated County fire calls, reported to City
quarterly. Address for default to include if the County is unable to provide
adequate level of inspection and review services, meeting the timelines of the
City for reviews. Attorney Fumero will provide additional recommendations on
modifying this language and proper placement within the ILA.
Mayor Watford provided instructions on how to proceed with public comments, in
that they are to be addressed to the Council. No one should cheer, clap, boo, or
be disruptive while others are speaking. Comments are to remain civil, as the
Mayor reserves the right to ask individuals to leave or stop the comments should
they be out of line.
Council Member Clark read the following email from Ms. Hilda Navarrete into the
record as follows: "I have property in both the City and County. I am very upset
you guys are even considering giving up the Fire Department to the County.
Especially during this time, when you guys should be hiring more first responders,
not getting rid of them. Leaving all this people unemployed as well. Especially
some that have served the City for over 10 years. Why can't this be put in the
ballot for all residents to vote? In the County I pay a fire assessment which is not
included in the City. I believe most citizens would pay this so we can continue to
have a fast response. I cannot believe this subject has gotten this far because of
Councilmen Jarriel and Keefe. Please be the voice of us in the City, that is a
luxury of being in the City, extra police and firefighters and a faster response. In
that case I would be living in the outskirts of the County." The following is the
response Council Member Clark provided to Ms. Navarrete: "Ms. Navarrete,
Thank you for contacting me about the Fire Department. Unfortunately the City
cannot balance their budget without going into savings every year. It is my job to
be fiscally responsible to all the taxpayers of the City and to look at all possibilities
of saving that $1.2 million deficit or the City will go bankrupt. The Fire Department
was the first place we started to explore and have not come close to making a
decision since we have not received a proposal from the County. We also ask
this to be on the ballot but the County refused and in this situation we have to
have the City and the County agree. The fire assessment is a little more
complicated, the County has many more residents than businesses to spread the
money and is very affordable. In the City we have a small residential population
and so the businesspeople bear the burden of tax dollars and possible
assessments. In the City fire study done about four years ago the average
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resident would pay approximate $440.00 as a fire assessment and a church such
as First Baptist would pay about $30,000.00 because it is based on square
footage. Due to the disparity of the assessment from the County versus the City
these churches would much rather pay the County assessment which in First
Baptist Church's case would be $10,000.00. The reason we are looking at the
Fire Department is that there are many more residents and businesses that have
pressed us into merging the two fire departments than against so that we could
lower the City taxes, which are some of the highest in the state. All I can promise
is that we will be very diligent in looking into all possibilities (such as ambulance
services), take care of the men and women that have served us at the City while
taking all the taxpayers into consideration. Thank You, Monica Clark, Council
Member."
OFD Captain Lalo Rodriguez questioned whether the Council would be
considering the options he presented at the January 21, 2020 meeting. With no
immediate response from the Council, Mayor Watford offered since the Council
has only requested to discuss the ILA he was of the impression that they did not
wish to consider other options. Should this not be adopted, the Council may then
explore the options. Council Member Keefe agreed with the Mayor's statement,
and explained his position. He was concerned with the additional capital
expenditures needed to implement for the OFD to take over the Emergency
Medical Services in the City. It is his opinion that there could be more long-term
costs associated that have yet to be discussed.
Mr. Frank Wesley Williamson III, Chair -Elect of the ECOK, urged the Council to
focus on the projected $600,000.00 annual savings the City would realize by
contracting the services. The effect on the economy from the COVID-19
pandemic is unknown. He added the ECOK feels very strongly that the annual
fee the County has presented is accurate.
Mr. Josh Borgstrom, IAFF Local 2918 President, provided his opposition to
approving the ILA mostly due to the fact that all OFD employees will lose their
jobs. As proposed, this is not a merger, but a shutdown of the OFD. County Fire
Chief Franklin is steadfast that all OFD employees will be required to follow the
same process as a new employee, making it clear there is no guarantee any
would be hired in addition to there not being sufficient positions for all of them.
Mr. Borgstrom strongly advocated for the hiring of all OFD employees by the
County at their current rate of pay and longevity. When it was pointed out that the
reason the BOCC did not include this within the proposed ILA was it is prohibited
in the current Fire Union Contract, he offered that the Union would not be
opposed to amending the Collective Bargaining Agreement with the County to
ensure OFD employees do not lose their jobs.
Mr. Matthew Buxton, owner of Buxton Funeral Home, urged the Council to
consider the large number of unknowns in the proposed ILA, as he is not
convinced his taxes will be reduced. His business is a large supporter of
community events, and is currently able to keep his costs low, but is unsure of
how this proposal will affect the cost of doing business in five years. He is an
advocate of all OFD employees being hired at the County. He then spoke briefly
about the comment of "being fiscal responsible," as it is the Council's
responsibility to look at all proposals to save money, including Captain
Rodriguez's. Should the Council not be willing to explore all options, it is his
opinion a decision has already been made. He closed by questioning what his
taxes and insurance premiums would be should the ILA be approved.
Ms. Karyne Brass expressed disappointment in the decision the Council has
made to potentially eliminate a very important essential service that has been
part of the City since incorporation. The OFD has taken good care of the citizens;
their response time is unbelievable. She asked what the County Fire Assessment
rate was and hove much of a reduction in taxes she would receive should the OFD
be eliminated. She explained her disbelief that approving this would result in a
substantial savings for the City. Although the County may assure an amount, the
difference in services is of great concern as five years is a long time to suffer
when it comes to something as important as essential services. She continued
by stating that she fails to see how the $600,000.00 savings the ECOK has
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presented is a valid number, and that all City Departments should be looked at,
or take it further and consolidate all services with the County. In her opinion it is
the responsibility of the Council to explore any viable work plan that has been
presented by the OFD. The City has the potential to retain these services and
make OFD more efficient, as they are already making strides to bring fiscal
viability. The City can work towards solvency without doing anything brash.
Council Member Jarriel thanked Ms. Brass for her comments and added the
Council has requested the figures to be able to make an intelligent decision on
this.
MAYOR WATFORD RECESSED THE MEETING AT 3:29 P.M. AND
RECONVENED AT 3:33 P.M.
Clerk Gamiotea received two comments by email prior to the meeting and one
during the meeting by an individual attending via Zoom, which were read into the
record by Mayor Watford.
Ms. Tammy R. Barbour: "I have done a little research on several issues with the
closure of the OFD. I have read over the proposed contract agreed on by the
BOCC that has been forwarded back to the City Council for agreement. I do have
several questions regarding this closure. Is not the purpose of the City Council to
look after the best interests of the City of Okeechobee residents? Yet, the
residents will not have any say so regarding this decision of closing their Fire
Department? Does putting 13 people out of work even cause you to toss and turn
at night? This is 13 families that will no longer have this income, 13 families that
are going to become the statistic of unemployment. Granted, according to this
proposal contract, OUR will hire six new employees, which none of those new
positions are guaranteed to any of the 12 firefighters losing their jobs. Sure, they
can go elsewhere, which has been said a time or two, where exactly? Fire
Departments look for recruits fresh out of school that will eventually retire from
their station, it's not likely they hire firefighters that are over a certain age. Yes,
some of these firefighters have 15 to 20 years on the job, some even more,
however, that also means they are at least 35 to 45 years old (if they started this
career at 18). How is that looking out for the best interests of your City
employees? The OFD has not went over budget in five years, why are they the
first to cut because the City of Okeechobee has budget issues? How is it that the
current City Attorney came in at a higher bid, but got the job anyway, if the City
of Okeechobee is so over budget? Which we cannot say `because they are
already familiar with everything' because so is the OFD. Why is the City Fire
Captain's proposal not even being seriously considered instead of being tossed
away like an obstruction to some backroom plan to shut down the OFD? Which
leads to this; the Florida State Statute 112.313 Section 7A, states: `Conflicting
Employment or Contractual Relationship, (a) No public officer or employee of an
agency shall have or hold any employment or contractual relationship with any
business entity or any agency which is subject to the regulation of, or is doing
business with, an agency of which he or she is an officer or employee, excluding
those organizations and their officers who, when acting in their official capacity,
enter into or negotiate a collective bargaining contract with the state or any
municipality, county, or other political subdivision of the state; nor shall an officer
or employee of an agency have or hold any employment or contractual
relationship that will create a continuing or frequently recurring conflict between
his or her private interests and the performance of his or her public duties or that
would impede the full and faithful discharge of his or her public duties.' Therefore,
I am curious as to how several of the City Council Board Members, do in fact
have personal relationships with businesses in Okeechobee and yet sit on the
City Council able to vote on such decisions effecting the City of Okeechobee? In
closing, I am asking this question for nearly 500 Okeechobee residents (at the
time of writing this email), that have signed a petition that was posted on one
Facebook page, and shared over a hundred times, have absolutely no say in this
decision? Is this not their Fire Department? Are those not their firefighters?
Doesn't the fire trucks and equipment being used belong to them? After all, it is
the 'taxpayers' money that buys such things, is it not? I currently do not reside in
Okeechobee anymore, but I have many family members that do. I personally
know people that are employed by OUR as well as OFD, I understand how both
Departments operate, I also personally know people that have been employed
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by both Departments. When I was made aware that the City of Okeechobee's
City Council Board intends to close the OFD, I became very concerned for my
children, my grandchildren, many aunts, uncles, nieces and nephews, and their
safety. I am also concerned with response times being longer if my family needs
assistance. I am concerned for taxes they will now have to absorb because of
this closure, and I am concerned for the City of Okeechobee's history being
erased as of it never happened. Things such as the OFD, the City Park, the
buildings on Park Street, the Livestock Market, these things all make
Okeechobee what it is, why is it so important to become 'modern' anyway? Why
put 13 people in an unemployment line just stop 'kicking a can' or 'keep up with
times'? Ask your residents. This issue, at the very least should be implemented
on a ballot for the citizens of Okeechobee to decide, not left up to five people on
a board, that claim to have the best interests of these citizens as their main
priority. It doesn't seem as if the citizens interests are not even being considered
at all." Attorney Fumero noted in regard to the ethics law, friendships are not
against the law. The scenario provided is not a conflict. Council Member Keefe
responded to the online petition and various social media comments disagreeing
that the public has been shut down during meetings and clarifying that the Council
can only meet under Sunshine requirements. All agendas are posted on the City's
website to provide the public with sufficient time to know and review what is being
considered. Additionally, public records requests can be made for copies of the
minutes to see what was previously discussed.
Ms. Alyssa Weeks: "In reference to the possibility of the OFD closing. I am a City
resident and have three small children, one whom is asthmatic. My main concern
of course would be the amount of time it will take for the OCFR to reach my home
verses the amount of time it will take the OFD to reach my home, if needed in an
emergency situation. The OCFR is always so busy handling accidents, medical
situations, and all other emergency calls, that it seems they are always stretched
thin. Okeechobee County is a very large area to have to provide emergency
services for. Which is why I feel that I, personally can only benefit from the OFD
remaining open and servicing the city limits within Okeechobee County."
Ms. Melissa King: "Good evening Councilmen, I see the Section 16 listing the
default criteria, and after hearing the discussion to City Council's desired changes
to the contract presented by the County with regards to transferring those certain
vehicles to the County, what contingencies are in place to obtain those vehicles
back in case of default by the County? And what consideration has been given
to the re -start up cost of purchasing vehicles or other equipment at the end of the
five year contract if the City wants to have their own Department back? Thank
you." The Council responded; should the County default and the vehicles are
leased, the lease is void and the vehicles are returned to the City. Should the
vehicles be sold or donated, the City would have to purchase new vehicles.
Ms. Tori Fatjo, IAFF District 12 Field Service Representative, addressed the
Council via Zoom. She provided a brief background on herself, which showed her
experience in dealing with municipal and county fire department mergers.
Although she commended the Council for taking the time to thoroughly review
the proposal. The purpose of her comment was to offer assistance with the
negotiation process to ensure City Fire Union Members are being represented.
She and Mr. Borostrom met with Administrator MontesDeOca two weeks ago on
this. She explained in detail that municipalities in Broward County have similar
contracts/ILA's emphasizing that in all of the scenarios, the municipal employees
were merged into the County Departments without losing seniority, rank, or pay,
and also noted the municipalities realized a small savings but nothing substantial.
She wanted to ensure the Council that their goal of all employees being hired
with the County can be achieved.
The discussion then turned to clarify the citizens' request to vote on this issue.
The City Council can provide for a straw -poll referendum to be on the ballot for
City voters to cast their decision. However, the decision is not legally binding and
used in rare circumstances. This is different than a decision to be made by a
referendum regarding the Fire Assessment; which requires the City to agree to
relinquish taxing authority to the County and the County would have to accept the
taxing authority, both agencies would generate a referendum with the results
May 19, 2020 Regular Meeting Page 11 of 12
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determining the outcome. Attorney Fumero confirmed that the City has not
officially asked the BOCC in writing about a referendum.
The Attorney and Administrator were instructed to provide a revised ILA
reflecting the changes discussed and present it for the Council to vote on
a counter proposal.
G. Administrator MontesDeOca's employment services contract provides for an
annual evaluation of his performance by the Mayor and Council. The individual
scores were read into the record as follows: Mayor Watford 4.6; Council Member
Abney 2.8; Council Member Clark 3.9; Council Member Jarriel 4.6; and Council
Member Keefe 3.8. The total was 19.7, divided by 5 evaluations provided a final
score rating of 3.9 Satisfactory out of 5.0. As the evaluation was discussed by
and between Council Members, Council Member Abney realized that he had
made a scoring error. Immediately following the Council meeting, he fixed the
error and submitted a corrected, executed evaluation form for the record. The
ultimate outcome of the Administrator's evaluation was not materially changed by
Council Member Abney's corrected evaluation form.
Mayor Watford reminded the Council that meetings can still be scheduled to
review their individual evaluation with the Administrator. The evaluations are filed
in Mr. MontesDeOca's personnel file; a copy of each are also made part of the
official minute file.
VII. COUNCIL COIp91MENTCS
Council Member Jarriel's comment was related specifically to New Business Item F,
whose discussion had concluded.
Vill. There being no further items on the agenda, Mayor Watford adjourned the meeting at
9:12 P.M. The next regular meeting is scheduled for June 2, 2020, at 6:00 P.M
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
Please take notice and be advised that when a person decides to appeal any decision made by the City
Council with respect to any matter considered at this meeting; he/she may need to ensure that a verbatim
record of the proceeding is made, which record includes the testimony and evidence upon which the
appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk.
May 19, 2020 Regular Meeting Page 12 of 12