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2020-09-03 Handwritten MinutesCITY OF OKEECHOBEE, FLORIDA SEPTEMBER 3, 2020, REGULAR MEETING & - _ __1ST BUDGET PUBLIC HEARING HANDWRITTEN MINUTES BY LANE GAMIOTEA I. CALL TO ORDER Mayor Watford called the regular meeting of the City Council for the City of Okeechobee to order on Tuesday, September 3, 2020, at P.M. in the City Council Chambers, 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. 20-193 effective August 7, 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 were recorded and retained as a permanent record. The invocation was offered by - followed by the Pledge of Allegiance by II. TTENDANCE PRESENT ABSENT _ VIA ZOOM? Mayo Dowling R. Watford, Jr. Council Member Wes Abney Council Member Clark Council Member Jarriel Council Member Keefe - -- City Attorney John Fumero f C� City Administrator Marcos MontesDeOca 4— Police Police Chief Bob Peterson_ Fire Chief Herb Smith �G Public Works Director David Allen XT City Clerk Lane Gamiotea - - Deputy City Clerk Bobbie Jenkins Executive Assistant Robin Brock Finance Director India Riedel — Other City Staff Present: ce III. AGENDA AND PUBLIC COMMENTS .--: A. Mayor Watford asked whether there were any agenda items to be added, deferred, or withdrawn. t B. Council Member moved to approve the agenda as presentee(mended; seconded by Council Member Mayor Watford Council Members Abney ) C ef�lark,_ Jarriel Ke_. Moti n CarriedlDenied. C. There were agenda item forms or comment cards submitted for public- - - participation for any issues not on the agenda. 9 1St Budget PH & Reg Mtg, Page 1 of 9 IV. ROCLAMATIONS AND PRESENTATIONS A. Mayor Watford proclaimed the month of September 2020 as "Suicide Prevention Month." The Proclamation was read into the record as follows: "Whereas, September is National Suicide Prevention Awareness Month, which directs the community's attention to this public health epidemic destroying lives, whole families, and sometimes entire communities; and Whereas, suicide is the second leading cause of death in the United States among individuals age 10 to 34 years old; and Whereas, suicide is the tenth leading cause of death overall in the United States, claiming the lives of more than 47,000 people; and Whereas, on average, there are 123 suicides a day or one every 12 minutes, find in Okeechobee County there were eight suicides in 2019; and Whereas, suicide is the only type of death that is 100 percent preventable; and by offering the public education, data, support, and services we as a community have taken a step toward preventing another suicide by our residents; and Whereas, we are honored to be part of the healing process, supporting services addressing mental health illnesses and drug and alcohol addiction. 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 September 2020 as `Suicide Prevention Awareness Month'." B. Mayor Watford proclaimed the month of September 2020 as "Hunger Action Month." - - — --The document was accepted by Ms. Erin Cox and Ms. Erika Chavez, and read into the record as follows: "Whereas, hunger and poverty remain issues of grave concern in the United States, the State of Florida, the Treasure Coast, and the City of Okeechobee, with 6,050 children and adults in Okeechobee County now categorized as food insecure; and Whereas, the City of Okeechobee is committed to taking steps to raise awareness about the need to combat hunger in every part of our City and to provide additional resources that the citizen_ s Q Okeechobee need; and Whereas, the City of Okeechobee is committed to working with the Treasure Coast Food Bank_inmobilizing people about the role and importance of food banks and other hunger relief organizations in addressing hunger and bringing attention to the need to devote more resources and attention to hunger issues; and Whereas, food banks and hunger relief oroaniza i`t ons across tFe country, including the Treasure Coast Food Bank, coordinated Hunger Action Day on September 10, 2020 and will continue to host numerous events throughout the month of September to shed light on this important issue and encourage involvement in efforts to end hunger in their local community. 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-September-,2020 as `Hunger Action Month'." V. CONSENT AGENDA A motion was made by Council Member><- to approve the consent agenda items A through B [August 12, 2020, First Budget'jWorkshop, and August 18, 2020, Regular meeting and Final Budget Workshop minutes; Re -appoint Mr. John Koepke as City resident one of two appointees to the Firefighters' Pension Fund Board of Trustess, term being October 1, 2020 through September 30, 2024]; seconded by Council Member 6 . Mayor Watford, Council Members Abney ;' Clark `,� Jarriel�, Keefe_. MotiorrCar it ed Denied. Minutes, 9/3/2020 V Budget PH & Reg Mtg, Page 2 of 9 VI. MAYOR WATFORD OPENED THE FIRST BUDGET PUBLIC HEARING AT P.M. _ A. Mayor Watford announced that the purpose of this Public Hearing is to consider the first reading of Ordinances for the proposed Millage Rate levy and proposed Budget for Fiscal Year (FY) 2020-21. B. Mayor Watford announced that the proposed Millage Rate levy represents 6.03 percent (6.03%) more than the roll -back rate computed pursuant to Florida Statutes 200.065(1). C. Council Member moved to read proposed Ordinance No. 1216 by title only, -PQSE;B] as a Final Public Hearing date, levying a Millage Rate of 7.6018 on all real and tangible personal property for FY October 1, 2020 through September 30, 2021 [as provided in Exhibit 1]; seconded by Council Member Mayor atford-j--, Council Members Abney, Clark, JarrielY, Keefe J . Motio arriedfDenied. Attorney Fumero read proposed Ordinance No. 1216 by title only as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL �------ PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021; PROVIDING THATL/7601-� PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 7.6018 VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES; THAT SAID MILLAGE RATE IS 6.03 PERCENT (6.03%) MORE THAN THE ROLL -BACK RATE OF C*9 COMPUTED IN— ACCORDANCE WITH FLORIDA STATUTE 200.065(1); PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member ('y i' moved to approve the first reading of proposed Ordinance No. 1216 and set September 21, 2020, at 6:00 P.M. [OR AS SOON THERE AFTER AS POSSIBLE] �w as a Final Public Hearing date; seconded by Council Member 7. Mayos Watford Council Members Keefe. Motion arried Renied. Abney, Clark ter Jarriel, . Gamiotea Handwritten Minutes, 9/3/2020 15` Budget PH & Reg Mtg, Page 3 of 9 VI. FIRST BUDGET HEARING CONTINUED D. Council Member 1,x., E moved to read proposed Ordinance No. 1217 by title only, �6. [� h+ �++F+E-�T1�S PO 2481# j -as a Final Public Hearing date, setting the annual Budget for FY October 1, 2020 through September 30, 2021 [as provided in Exhibit 2]; seconded by Council Member 01 Mayor atford Council Members Abney,— Clark ``� Jarriel_, Keefe ! . Motio . arrie /Denied. Attorney Fumero read proposed Ordinance No. 1217 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA; FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020, AND ENDING SEPTEMBER 30, 2021; APPROPRIATING FUNDS FOR OPERATING EXPENSES OF THE CITY OF OKEECHOBEE FOR THE GENERAL OPERATION OF THE SEVERAL DEPARTMENTS OF THE CITY AND OTHER FIXED OBLIGATIONS OF THE CITY FOR AND DURING THE FISCAL YEAR; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member _ moved to approve the first reading of proposed Ordinance No. 1217 and set September 21, 2020, at 6:00 P.M. [OR AS SOON THERE AFTER AS POSSIBLE] as a Final Public Hey-aaring date; seconded by Council Membfer.+C., _1y_�. 4- bL�i I`L�ls�i Lf 7 i li%t� �. lr'l:' 1�- U�1�-1��: t`�'�i.�. l�-1,� ' `17�. r 1.1 1 C. --- -- Within Exhibit 2 is a 34 -page proposed Budget. The following provides a summary recapitulation of each fund. The General Fund Budget Summary lists the beginning Fund - Balance of $4,342,501.00; Estimated Revenues of $5,822,120.00 ($2,424,459.00 Ad Valorem, $3,397,661.00 Other_ Fees, Intergovernmental, Charges Torr_ Services, Fines, Forfeitures, Penalties, Uses of Money and Property, and Other Revenues; $350,000.00 Transferred -In from Public Facilities Improvement Fund- $1,362,311.00 Transferred -In from Capital Improvement Projects Fund). Total Projected Expenditures of $7,534,431.00__; leaving a Fund Balance of $4,342,501.00. Publi-a'Facility Improvement (Transportation 301) Fund: Beginning -Fund Balance of $844,807.00; Total Revenue Estimates of $1,164,028.00; Total Expenditures. Projected of $900,488.00, plus $350,000.00 to be Transferred -Out to General Fund-, leaving a Fund Balance of $758,347.00. Capital Improvements Projects (304) Fund: Beginnin'-g Fund Balance is $3,190,195.00; Total Revenues Estimates of $6,550.00; Total Projected Expenditures are $155,900.00, plus $1,362,311.00 transferred -out to General Fund-, leaving a Fund Balance $1,678,534.00. - - Other Grants (302) Funds: Beginning Fund Balanceof$260,000.00; Appropriation uF nds ~T� Revenue of $300,000.00; Total Projected Expenditures of $420,000.00; leaving a Fund_. Balance of $140,000.00. Appropriations Grant (307) Funds: Beginning Fund Balance of $593.00, Appropriation Funds Revenue of $209,000.00; Total Projected Expenditures of $209,000.00; leaving a Fund Balance of $593.00. Law Enforcement Special (601) Fund: -Beginning Fund Balance is $9,920.00; Total Estimated Revenues of $1,000.00; Total Projected Expenditures as $6,500.00; leaving a Fund Balance of $4,420.00. Mayor . jWatford 4uncil Members Abney it Clark Jarriel Keefe . Motion arri /Denied. L. Gamiotea Handwritten Minutes, 9/3/2020 15t Budget PH & Reg Mtg, Page 4 of 9 IN. �V_O� MdA MMlk ,gyp ) � � . � � _ 10,�� RNA 0 Now"All fir l 3 r i MAYOR WATFORD CLOSED THE BUDGET PUBLIC HEARING AT D• P.M. VII. MAYOR WATFORD)r PENED THE PUBLIC HEARING FOR ORDINANCE a --- ADOPTION--- t `7V -- - P.M. A. A motion was made by Council Member - to read by title only and adopt proposed Ordinance No. 1215 regarding Abandonment of Right -of -Way Petition No. v 20-001-AC/SC [as provided in Exhibit 3]; seconded by Council Member Mayor Watford_,­,,CounqjI Members AbneyA, , Clark, Jarriel Keefe I . MotioryCaFrred/D ied. Attorney Fumero read proposed Ordinance No. 1215 by title only as follows: "AN ORDINANCE OF THE CITY OF .OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN RIGHTS-OF-WAY BEING AN UNIMPROVED PORTION OF AN ALLEY, 20 -FEET IN WIDTH, LYING BETWEEN LOTS 1 THROUGH 10 AND LOTS 17 THROUGH 26, OF BLOCK 39, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH AN UNIMPROVED PORTION OF NORTHWEST 10TH STREET (f/k/a SIXTEENTH AVENUE), 100 -FEET IN WIDTH, LYING BETWEEN LOTS 1 444ROUGH a-9; OF -- BLOCK 39, AND LOTS 17 THROUGH 26, OF BLOCK 28, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA (APPLICATION NO. 20-001-AC/SC); DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion made by Council Member to adopt proposed Ordinance No. 1215 [as provided in Exhibit 3]; seconded by Council Member .- a .17 ti / Mayor'Watford Council Members Abney Clark Jarriel 7 Keefe -1-1_. Motion Carried/Denied. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT P.M. L. Gamiotea Handwritten Minutes, 9/3/2020 152 Budget PH & Reg Mtg, Page 5 of 9 VIII. NEW BUSINESS A. Council Member ;/._ moved to adopt_prroposed Resolution No. 2020-12, extending the Local Public Health State of Emergency to October 1, 2020, due to the _ Corona Virus Diseasel2019 (COVID-19) [as provided in Exhibit 4]; seconded by Council Member f " Governor DeSantis issued State of Florida Executive Order No. 20-193, effective August 7, 2020, extending the State of Florida State of Emergency due to COVID-19. esol ution Title read Mayor Watford—.y Council Members Abney, k , Clark Jarriel y` , Keefe . Motiort�ar 4Denied. B. Motion by Council Member % to adopt proposed Resolution No. 2020-13, authorizing the execution and acceptance of a Lighting Maintenance Agreement with the Florr a Depa ent of Transportation [as provided in Exhibit 5]; seconded by Council Member n, Resolution Title read tfordCouncil Members Motio arrre-d/Denied. Abney.---Clayk==X, Jarriel y` , C. Approve Special Magistrate tine reduction requests (Exhibit 6)(► -_ — Motion by Council Member to approve the Code orcem-ent -Special Magistrate recommended fine reduction for Code Enforcement Case No. 190712014, for - property located at 1115 Southeast 10t" Street; Legal: Lot 10, BRENTWOOD ESTATES, Plat Book 7 _Page 31, Okeechobee County, Florida public records s; from $1,150.00 to $115.00 [as provided in Exhibit 6]; seconded by Council Member. Recommended at the -August 8, 2020 Magistrate Hearing. The property was found in violation of Code Sections 30-43 and 30-44. Recommended--at- the August 8, 2020 Magistrate Hearing. ;. Mayor Watford -, –Council Members Abney Clark, J rtiel_l Keefe . Motion' r edfbenied. L. Gamiotea Handwritten Minutes, 9/3/2020 1St Budget PH & Reg Mtg, Page 6 of 9 --- tw' d VII. NEW BUSINESS ITEM C. CONTINUED. Motion--by--Council--Member- to approve the Code Enforcement Special n Magistrate recommended fine reduction for Code Enforcement Case No. 08-179, for property located in the 700 Block of Southeast 12th Avenue; Legal- Lots 9 and 12 of Block - 15, WRIGHTS FIRSTADDITION, Plat Book 1, Page 13, Okeechobee County, Florida public l records; from -$6;975.00 to $1,500.00 [as provided in Exhibit 6];.- seconded_ -by Council -k4ember-- - The property was found in violation of Code Section 30-44. Recommended at the August 8, 2020 Magistrate Hearing. Mayor Watford n Council Mbers Abney Clark Jarriel , Keefe . Motron Carried/Denied. i " Motion-by-CouncA--Member—---_____- to approve the Code Enforcement Special Magistrate recommended fine reduction for Code Enforcement Case No. 190325007, for property located in the 700 Block of Southeast 12th Avenue-, Legal- Lots 9 and 12 of Block 15, WRIGHTS FIRST ADDITION, Plat Book 1, Page 13, Okeechobee County, Florida public records; from $900.00 to $1800.00 plus a $50.00 administration fee for aofafi of $230.00 _�. [as provided in Exhibit 6]; seconded-by-Geu�i+-Membet The property was found in violation of Code Sections 30-43 and 30-44. Recommended at the August 8, 2020 Magistrate Hearing. Mayor Watff� CouncilMem rs Abney Clark Jarriel Keefe,Carried/Denied: - L. Gamiotea Handwritten Minutes, 9/3/2020 1" Budget PH & Reg Mtg, Page 7 of 9 VII. NEW BUSINESS ITEM C. CONTINUED. ` Motion- by- Councill--MembT --- ---to approve the Code Enforcement Special Magistrate recommended fine reduction for Code Enforcement Case No. 190626010, for �r property located at 903 Southeast 8th Avenue; Legal- Lot 25, OKEECHOBEE ESTATES, Plat Book 3, Page 20, Okeechobee County, Florida public records; from $9,775.00 to $2,932.50.00 [as provided in Exhibit 6]; seconded-by-C-ourrdi-ML5mber - --- The property owner is requesting to pay an initial down payment of $500.00 and pay $200.00 per month until the balance is paid in full. The properfy`was found in violation of Code Sec i- ions 30=4T,-1nfefnafi6nal Property _ Maintenance Code 180/108.1.1, 108.1.3, 108.1.5, and_Florida_ Building Code 202. Recommended at the June 9, 2020 Magistrate Hearing. a --111toporr1Wa Council `,,pp�� bers Keefe - ''on Carried/DeniiiiL` S FU Abney tk__. 9 A motion was made by Council Member �'R' .� to approve the Release f _ Reservations for City of Okeechobee Commel'ce Center Lots 10, 11, and 12' [as PF'- 4- provided in Exhibit 7]; seconded by Council Member Ll -. - 4�Q - �iw� 5 - up - _..n n_ 'lad lab's Ino�a!JA bW VatfordCouncil Members �--_ _- _. Moti4rnv"*rried/Denied. Abney, Clark , Jarriel, L. Gamiotea Handwritten Minutes, 9/3/2020 VY Budget PH & Reg Mtg, Page 8 of 9 I T771251 MIUMMUMM I � VII. N W BUSINESS CONTINUED. �� E. Council Member moved pp - rove the purchase of bunker gear for the Fire Department in the amopt-t $17,351.04 from Municipal Equipment Services, Inc. [as provided in ExWbitt]; seconded by Council Member Mayor Watford Cou ei Members Abney ,--Glut-k--- , Jarriel Keefe . Motion Carie /Denied. IX. COUNCIL COMMENTS (00 0.. C! 6, 0A A I X. There being no further items on the agenda, Mayor Watford adjourned the meeting at , )-i P.M. The next regular meeting is scheduled for September 21, 2020, at 6`.100 P.M. L. Gamiotea Handwritten Minutes, 9/3/2020 1" Budget PH & Reg Mtg, Page 9 of 9 - . � i r � 1 X. There being no further items on the agenda, Mayor Watford adjourned the meeting at , )-i P.M. The next regular meeting is scheduled for September 21, 2020, at 6`.100 P.M. L. Gamiotea Handwritten Minutes, 9/3/2020 1" Budget PH & Reg Mtg, Page 9 of 9 - . � i CITY OF OKEECHOBEE, FLORIDA SEPTEMBER 3, 2020, REGULAR MEETING & 1 ST BUDGET PUBLIC HEARING 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, September 3, 2020, at _6:00 P.M. in the City Council Chambers, 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. 20-193 effective August 7, 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 2'.459713294. The Host computer was operated by Executive Assistant Brock. The video, audio, and digital comments were recorded and retained as a permanent record. The invocation was offered by BJ WA II. ATTENDANCE Mayor Dowling R. Watford, Jr. Council Member Wes Abney Council Member Clark Council Member Jarriel Council Member Keefe 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 Executive Assistant Robin Brock Finance Director India Riedel followed by the Pledge of Allegiance by PRESENT ABSENT VIA ZOOM? _X_ _X_ X III. AGENDA AND PUBLIC COMMENTS A. Mayor Watford asked whether there were any agenda items to be added, deferred, or withdrawn; Item E withdrawn. B. Council Member _wa_ moved to approve the agenda as amended; seconded by Council Member _bj_. VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. IV 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 September 2020 as "Suicide Prevention Month." The Proclamation was read into the record as follows: "Whereas, September is National Suicide Prevention Awareness Month, which directs the community's attention to this public health epidemic destroying lives, whole families, and sometimes entire communities; and Whereas, suicide is the second leading cause of death in the United States among individuals age 10 to 34 years old; and Whereas, suicide is the tenth leading cause of death overall in the United States, claiming the lives of more than 47,000 people; and Whereas, on average, there are 123 suicides a day or one every 12 minutes, and in Okeechobee County there were eight suicides in 2019; and Whereas, suicide is the only type of death that is 100 percent preventable; and by offering the public education, data, support, and services we as a community have taken a step toward preventing another suicide by our residents; and Whereas, we are honored to be part of the healing process, B. Jenkins Handwritten Minutes Page 1 of 8 supporting services addressing mental health illnesses and drug and alcohol addiction. 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 September 2020 as `Suicide Prevention Awareness Month'." B. Mayor Watford proclaimed the month of September 2020 as "Hunger Action Month." The document was accepted by Mr. Louis Vera and Ms. Erika Chavez of the Treasure Coast Food Bank, and read into the record as follows: "Whereas, hunger and poverty remain issues of grave concern in the United States, the State of Florida, the Treasure Coast, and the City of Okeechobee, with 6,050 children and adults in Okeechobee County now categorized as food insecure; and Whereas, the City of Okeechobee is committed to taking steps to raise awareness about the need to combat hunger in every part of our City and to provide additional resources that the citizens of Okeechobee need; and Whereas, the City of Okeechobee is committed to working with the Treasure Coast Food Bank in mobilizing people about the role and importance of food banks and other hunger relief organizations in addressing hunger and bringing attention to the need to devote more resources and attention to hunger issues; and Whereas, food banks and hunger relief organizations across the country, including the Treasure Coast Food Bank, coordinated Hunger Action Day on September 10, 2020 and will continue to host numerous events throughout the month of September to shed light on this important issue and encourage involvement in efforts to end hunger in their local community. 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 September 2020 as `Hunger Action Month'." 10,000,000 lbs of food delivered to date in the Treasure Coast. Stophunger.org for more information. TC Food Bank does mobile food pantries at the Ag Center. The County has been very supportive in these efforts, the staff has been extremely supportive, great event, well organized, amazing the amount of people who needs assistance and the help is greatly appreciated. V. CONSENT AGENDA A motion was made by Council Member _bj to approve the consent agenda items A through B [August 12, 2020, First Budget Workshop, and August 18, 2020, Regular meeting and Final Budget Workshop minutes; Re -appoint Mr. John Koepke as City resident one of two appointees to the Firefighters' Pension Fund Board of Trustees, term being October 1, 2020 through September 30, 2024]; seconded by Council Member _bk_ Thanked Mr. Koepke for his service. VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. VI. MAYOR WATFORD OPENED THE FIRST BUDGET PUBLIC HEARING AT 6:13 P.M. A. Mayor Watford announced that the purpose of this Public Hearing is to consider the first reading of Ordinances for the proposed Millage Rate levy and proposed Budget for Fiscal Year (FY) 2020-21. B. Mayor Watford announced that the proposed Millage Rate levy represents 6.03 percent (6.03%) more than the roll -back rate computed pursuant to Florida Statutes 200.065(1). C. Council Member _bj_moved to read proposed Ordinance No. 1216 by title only, [as provided in Exhibit 1]; seconded by Council Member _wa VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. Attorney Fumero read proposed Ordinance No. 1216 by title only as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30,2021; PROVIDING THAT 7.6018 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 7.6018 VALUATION SHALL B. Jenkins Handwritten Minutes Page 2 of 8 BE USED FOR GENERAL CITY PURPOSES; THAT SAID MILLAGE RATE IS 6.03 PERCENT (6.03%) MORE THAN THE ROLL -BACK RATE OF 7.1696 COMPUTED IN ACCORDANCE WITH FLORIDA STATUTE 200.065(1); PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member _bk_ moved to approve the first reading of proposed Ordinance No. 1216 and set September 21, 2020, at 6:00 P.M. as a Final Public Hearing date, levying a Millage Rate of 7.6018 on all real and tangible personal property for FY October 1, 2020 through September 30, 2021; seconded by Council Member _bj_. Mayor Watford opened the floor for public comments; clarified the millage rate number by LG. There was no public comment. Council discussion: None was given, CM Clark no discussion. VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. D. Council Member wa moved to read proposed Ordinance No. 1217 by title only, [as provided in Exhibit 2]; seconded by Council Member _bj_. VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. Attorney Fumero read proposed Ordinance No. 1217 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA; FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020, AND ENDING SEPTEMBER 30,2021; APPROPRIATING FUNDS FOR OPERATING EXPENSES OF THE CITY OF OKEECHOBEE FOR THE GENERAL OPERATION OF THE SEVERAL DEPARTMENTS OF THE CITY AND OTHER FIXED OBLIGATIONS OF THE CITY FOR AND DURING THE FISCAL YEAR; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member _bk moved to approve the first reading of proposed Ordinance No. 1217 and set September 21, 2020, at 6:00 P.M. as a Final Public Hearing date, setting the annual Budget for FY October 1, 2020 through September 30, 2021; seconded by Council Member _bj Within Exhibit 2 is a 34 -page proposed Budget. The following provides a summary recapitulation of each fund. The General Fund Budget Summary lists the beginning Fund Balance of $4,342,501.00; Estimated Revenues of $5,822,120.00 ($2,424,459.00 Ad Valorem, $3,397,661.00 Other Fees, Intergovernmental, Charges for Services, Fines, Forfeitures, Penalties, Uses of Money and Property, and Other Revenues; $350,000.00 Transferred -In from Public Facilities Improvement Fund; $1,362,311.00 Transferred -In from Capital Improvement Projects Fund). Total Projected Expenditures of $7,534,431.00; leaving a Fund Balance of $4,342,501.00. Public Facility Improvement (Transportation 301) Fund: Beginning Fund Balance of $844,807.00; Total Revenue Estimates of $1,164,028.00; Total Expenditures Projected of $900,488.00, plus $350,000.00 to be Transferred -Out to General Fund; leaving a Fund Balance of $758,347.00. Capital Improvements Projects (304) Fund: Beginning Fund Balance is $3,190,195.00; Total Revenues Estimates of $6,550.00; Total Projected Expenditures are $155,900.00, plus $1,362,311.00 transferred -out to General Fund; leaving a Fund Balance $1,678,534.00. Other Grants (302) Funds: Beginning Fund Balance of $260,000.00; Appropriation Funds Revenue of $300,000.00; Total Projected Expenditures of $420,000.00; leaving a Fund Balance of $140,000.00. B. Jenkins Handwritten Minutes Page 3 of 8 Appropriations Grant (307) Funds: Beginning Fund Balance of $593.00; Appropriation Funds Revenue of $209,000.00; Total Projected Expenditures of $209,000.00, leaving a Fund Balance of $593.00. Law Enforcement Special (601) Fund: Beginning Fund Balance is $9,920.00; Total Estimated Revenues of $1,000.00; Total Projected Expenditures as $6,500.00; leaving a Fund Balance of $4,420.00. Mayor Watford read a letter submitted by ECOK Director Jennifer Tewksbury into the record as follows: [INSERT LETTER HERE] Mayor Watford opened the floor for public comments; Frank Irby: although I have not been at your budget workshops, but ive followed it and appreciate what your dealing with, appreciate that, not just government expecting revenue loss, all those businesses that have been closed down. I would, and this might seem a little unusual, representing Econ. Dev Corporation, I know that this year, you felt the need to reduce that support, however, heres what I would like to suggest, late in the game, because we feel so strongly about the improvement in the downtown park, allocate the donation to EDC to the development of the downtown park, major improvement for positive impact on the visitors to entice them to move here. This is coming from the board, we don't feel like we can take that money and use it for that purpose, because of our mission, today we have enough money to forego that and for you to use that money to use it for development of the park. BK -that was a board directive? Fl -agreed upon by all of us, again that's a request. IR -it has been posted on the website, and provided the book before, there are some informational purposes. PG 24 of 31, my directive from Council and the 2nd workshop, numbers reflect correctly on page 23, grey areas are what items that were tagged in the line item, line 3100 is at 10k not 15k, 4609 50K instead of 40K, 5300 10k instead of 20k, water infiltration 10k instead of 20k, 6300 80k instead of 140k, sidewalk 5k instead of 15k. Council Discussion: WA -like to ask the question as far as moving the 40K, is that of interest? DW -that's the council's decision, council can remove the 40K, can reallocate it to the park, don't remember what account. IR -out of the capital fund, if that's the councils wishes, because of the advertising, we could do a budget amendment at any time instead of doing it now. MDO-may be prudent once we select the architect, may have a better idea of what the costs is, when we actually know what the bid is. WA -just want to have a discussion on it, I'm for that BK -I love the idea BJ -I think it's a good idea and since we voted to give it to them, and they are referring it back to us to use it in the park, we should do that. MC -no comments on this. DW- we will leave the budget as is, with the understanding that amendment will be made for the 40k when we get the architect. Any other discussion? VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. MAYOR WATFORD CLOSED THE FIRST BUDGET PUBLIC HEARING AT 6:30 P.M VII. MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT _6:30_ P.M. A. A motion was made by Council Member _BJ_ to read by title only [as provided in Exhibit 3]; seconded by Council Member _BK_ Attorney Fumero read proposed Ordinance No. 1215 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN RIGHTS- OF-WAY BEING AN UNIMPROVED PORTION OF AN ALLEY, 20 -FEET IN WIDTH, LYING BETWEEN LOTS 1 THROUGH 10 AND LOTS 17 THROUGH 26, OF BLOCK 39, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH AN UNIMPROVED PORTION OF NORTHWEST 10TH STREET (f/k/a SIXTEENTH AVENUE), 100 -FEET B. Jenkins Handwritten Minutes Page 4 of 8 IN WIDTH, LYING BETWEEN LOTS 1 THROUGH 10, OF BLOCK 39, AND LOTS 17 THROUGH 26, OF BLOCK 28, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA (APPLICATION NO. 20-001-AC/SC); DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Council Member _BK_ moved to adopt proposed Ordinance No. 1215 regarding Abandonment of Right -of -Way Petition No. 20-001-AC/SC; seconded by Council Member _BJ_. Public comment: none Council Comment: Ben was available via zoom VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. MAYOR WATFORD CLOSED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:33 P.M. VIII. NEW BUSINESS A. Council Member _BK_ moved to adopt proposed Resolution No. 2020-12, extending the Local Public Health State of Emergency to October 1, 2020, due to the Corona Virus Disease 2019 (COVID-19) [as provided in Exhibit 4]; seconded by Council Member _BJ_ Mayor Watford read proposed Resolution No. 2020-12 by title only as follows: [insert here] Governor DeSantis issued State of Florida Executive Order No. 20-193, effective August 7, 2020, extending the State of Florida State of Emergency due to COVID-19. No discussion VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. B. A motion was made by Council Member _Wa to adopt proposed Resolution No. 2020-13, authorizing the execution and acceptance of a Lighting Maintenance Agreement with the Florida Department of Transportation [as provided in Exhibit 5]; seconded by Council Member _bj_. Attorney Fumero read proposed Resolutoin No. 2020-13 by title only as follows: [INSERT HERE] MDO-this is the continuation of the agreement. I do want to add something. Review from DOT, DOT rated us very high on the ability to work with us and how well we maintain their equipment. DA -we turned the lighting over to Jorgensen several years ago, this covers the landscaping, continuation of what we had in the past, put in all the landscape on 441, we agreed to continue the maintenance, can't negotiate the costs. DA -traffic signal at 9th going in. DOT Engineer in the process of getting ready to upgrade signals at 8th and 10th DW- left turn on 10th? DA-fdot looking at parallel tracks, engineer working with FDOT on the project with racetrac, making sure these organizations are talking to each other to ensure correct planning. VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. C. Approve Special Magistrate fine reduction requests (Exhibit 6). BJ motion; BK 2nd A motion was made by Council Member to approve the Code Enforcement Special Magistrate recommended fine reduction for Code Enforcement Case No. 190712014, for property located at 1115 Southeast 10th Street; Legal: Lot 10, BRENTWOOD ESTATES, Plat Book 7, Page 31, Okeechobee County, Florida public records s; from $1,150.00 to $115.00 [as B. Jenkins Handwritten Minutes Page 5 of 8 provided in Exhibit 61; seconded by Council Member Recommended at the August 8, 2020 Magistrate Hearing. The property was found in violation of Code Sections 30-43 and 30-44. Recommended at the August 8, 2020 Magistrate Hearing. VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. A motion was made by Council Member to approve the Code Enforcement Special Magistrate recommended fine reduction for Code Enforcement Case No. 08-179, for property located in the 700 Block of Southeast 12th Avenue; Legal: Lots 9 and 12 of Block 15, WRIGHTS FIRST ADDITION, Plat Book 1, Page 13, Okeechobee County, Florida public records; from $6,975.00 to $1,500.00 [as provided in Exhibit 61; seconded by Council Member The property was found in violation of Code Section 30-44. Recommended at the August 8, 2020 Magistrate Hearing. VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. A motion was made by Council Member to approve the Code Enforcement Special Magistrate recommended fine reduction for Code Enforcement Case No. 190325007, for property located in the 700 Block of Southeast 12th Avenue; Legal: Lots 9 and 12 of Block 15, WRIGHTS FIRST ADDITION, Plat Book 1, Page 13, Okeechobee County, Florida public records; from $900.00 to $1800.00 plus a $50.00 administration fee for a total of $230.00 [as provided in Exhibit 6]; seconded by Council Member The property was found in violation of Code Sections 30-43 and 30-44. Recommended at the August 8, 2020 Magistrate Hearing. VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. A motion was made by Council Member to approve the Code Enforcement Special Magistrate recommended fine reduction for Code Enforcement Case No. 190626010, for property located at 903 Southeast 8th Avenue; Legal: Lot 25, OKEECHOBEE ESTATES, Plat Book 3, Page 20, Okeechobee County, Florida public records; from $9,775.00 to $2,932.50.00 [as provided in Exhibit 6]; seconded by Council Member The property owner is requesting to pay an initial down payment of $500.00 and pay $200.00 per month until the balance is paid in full. The property was found in violation of Code Sections 30-43, International Property Maintenance Code 180/108.1.1, 108.1.3, 108.1.5, and Florida Building Code 202. Recommended at the June 9, 2020 Magistrate Hearing. VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. JF -you cannot overturn the findings of fact unless you establish a record. BJ -number one request a 90% reduction, wording issue. DW -we understand its $115 D. A motion was made by Council Member _BJ to approve the Release of Reservations for City of Okeechobee Commerce Center Lots 10, 11, and 12 [as provided in Exhibit 7]; seconded by Council Member _BK_ Exhibit 7 provided a memorandum from Attorney Fumero explaining Landowner LD Okeechobee Properties, LLC, a Florida limited liability company, acquired parcels (parcels 10, 11, and 12) via Warranty Deeds, attached hereto as Exhibit A, from the City of Okeechobee ("City") within the City of Okeechobee Commerce Center. In 2004, the City, in an effort to subject certain real property within the Okeechobee Commerce Center to covenants and restrictions to "establish uniform standards of development quality for light industrial, commercial, research, and office parks" recorded a DECLARATION OF PROTECTIVE B. Jenkins Handwritten Minutes Page 6 of 8 COVENANTS, RESTRICTIONS, RESERVATIONS, SERVITUDES AND EASEMENTS AFFECTING THE OKEECHOBEE COMMERCE CENTER (the "Declaration"), attached hereto as Exhibit B. In addition, pursuant to Section 270.11, Florida Statutes, there is an automatic reservation of an undivided three fourths interest in all the phosphate, minerals, and metals that are, or may be in, on, or under said parcels, as well as an undivided one half interest in all of the petroleum that is or may be in, on, or under said lands. The landowner has requested two items from the City. First, a release of the reservation of subsurface rights from the City. Second, an estoppel letter regarding the Declaration. I've been advised that the City has historically routinely released these rights and that City staff has no objection to the release of said rights and the estoppel letter regarding the Declaration for the above referenced parcels. Staff recommends releasing the reservation of subsurface rights within the Okeechobee Commerce Center and issuing an estoppel letter regarding the Declaration. JF-expalined memorandum. By law when a local government owns and sells property, theres petroleum rights associated with it, I was contacted by the property owner's attorney, and they have asked for a release, and in addition, an estopel letter. Some of you may know, in 2004 the city in an effort to establish some minimum standards for development, it placed this declaration of covenants on this piece of property. There letter states there will be no further action by the city relative to the declaration. DW -didn't understand that. If we had those reservations, we must have had a reason to have those. MDO-this doesn't release TRC restrictions JF -I'm not sure of the reasoning, but im sure they are securing financing and this must have been flagged during title work, and bank asked this to be addressed. WA -have we done this before? DW -not that I'm aware of WA-weve never been asked? MDO-subsurface mines for phosphate, they can't do that. We still have hooks on them through TRC and ordinance. DW -I thought that this was a standard reservation. JF -its automatic unless its released. I can tell you in other real estate transactions, the banks are getting tighter. In florida you have to look hard to find some property without reservations, seeking financing banks are now requesting a release. Some are quite difficult because they are held by large corporations. DW -when we purchased this property, we probably had that reservation on our deed. JF -our release is essentially a royalt. WA -but we are releasing that percentage JF -any claim to subsurface rights? WA -but if John Doe had the rights, can we release ours JF -some of you may be familiar with a quit claim deed, if we have zero rights, we convey nothing, if we have rights, we are conveying. Release is referring to the statute where there is an automatic JF -1 do recommend this, not aware of any value to these subsurface rights in this part of the state, simply something they're trying to clean up the title. BJ -late 50s, really an issue to get the people to release it when I bought the property. I don't see where we have any value to us unless there's pertroleum on it. JF -PBC Timber company will sell you the rights. DW -where are the documents, JF -in the declaration documents, you see a mention of assessments, there are no assessments that have been made, the letter says there are no assessments. DW -any questions from Council? VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. E. ITEM REMOVED. Council Member moved to approve the purchase of bunker gear for the Fire Department in the amount of $17,351.04 from Municipal Equipment Services, Inc. [as provided in Exhibit 8]; seconded by Council Member VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. B. Jenkins Handwritten Minutes Page 7 of 8 IX. COUNCIL COMMENTS WA -NONE BJ -PARADE MONDAY, LOOKING FORWARD TO IT, RODEO SUNDAY AND MONDAY, GET BACK TO REAL OKEECHOBEE. BK-CONGRATS TO MONICA CLARK AND RUSSELL CALE, LOOKING FORWARD TO THE NEXT COUPLE OF YEARS. MC -THANK EVERYONE FOR THEIR PRAYERS FOR MY BROTHER, COMPLETELY IN PANCREASE, '/z REMOVED, HES DOING WELL. APPRECIATE THE VOTE OF CONFIDENCE. SEE YOU MONDAY IN THE PARADE. DW -WHICH HOSPITAL. MC -MAYO IN JACKSONVILLE. DW -BEST WISHES X. There being no further items on the agenda, Mayor Watford adjourned the meeting at _654_ P.M. The next regular meeting is scheduled for September 21, 2020, at 6:00 P.M. B. Jenkins Handwritten Minutes Page 8 of 8