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2020-11-17 Handwritten MinutesCITY OF OKEECHOBEE, FLORIDA NOVEMBER 17, 2020, REGULAR MEETING HANDWRITTEN MINUTES BY LANE GAMIOTEA I. CALL TO ORDER i Mayor Watford called the regular meeting of the City Council for the City of Okeechobee to order on Tuesday, November 17, 2020, at " P.M. in the City Council Chambers, located ----I at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. ; The video, audio, and digital comments were recorded and retained as a permanent record. The invocation was offered by 'IE-d 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 General Services Coordinator Patty Burnette Finance Director India Riedel followed by the Pledge of Allegiance by PRESENT A4 ABSENT III. AGENDA AND PUBLIC COMMENTS A. Mayor Watford asked whether there were any agenda items to be added, deferred, or withdrawn-, B. Council Member moved to approve the agenda as amended; seconded by Council Member _- Mayor Watford Council Members Abney, Clark, Jarriel'L, Keefe. Motion rried/Denied. C. There were agenda item forms or comment cards submitted for public participation for any issues not on the agenda. Will WIRV, l —MZT lowre iS 1. It ® ' 1 e 0 M OF V MA k WE 6� M � ® a0 Page 1 of 8, 11-17-2020 CC Reg Mtg, L. Gamiotea Handwritten Minutes IV. —PROCLAMATIONS AND PRESENTATIONS ------A—_.----Mayor--Watford_-proclaim.ed-the-_w_eek--af-Navember._1-a-througb-25 ?0-20,-as-"Farm----- -- City Week." He presented the document to Mr. Mickey Bandi representing Florida -- - - - -------Farm -Bureau; wh-ich was read o -the-record as-fo+laws: "Whereas, -Florida-farmers----- and ranchers help feed the world by producing a bounty of nutritious foods. To do - - - ----------this-,they rely upon e5sentiarpartnerships-with urbanand suburban -commune ies to supply, sell and deliver finished products to consumers across Florida and around the globe; and ereas, rural and urban communities working together have built our nation's rich agricultural resources so that they contribute to the ealth and well- bieing of our country and the strength of our economy; and Whereas, during National Week v recognize be_i. portan per-ative netwok------- Agriculture and related enterprises employ more than 2 million workers, including -.------._._----_..---.-_-_far-mers---and--r-anchers; -shippers-,-pracessors m-marketers,-retaiters;-inspectors- others who contribute an annual impact of $146 billion to Florida's economy; and Wh-ere�Farrrr-City-Wt'ivi he mutually beneficial relationships that support the quality of life we all enjoy. This week, as we gather with family and friends around the Thanksgiving table, we count these relationships among our many biessin_ g.s. Now, Therefore, I. Dowling R. Watford. Jr., by virtue-zf_the authority v�-sted in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim November 8--through itizens-to -- �knowledge and celebrate the achievements of all those who, working together, produC"nd-,wpply-our--comnmuni with-an--a-bundat, ye of, Igricultural products." a W7 m wkw - aou. ah.PJ . (Y 10 `iT W I'L Lo U lil h 0 `"l(7V1 G.� LL W-LZ- L1tCGLU8& B. n behalf of the City, Mayor Watford presented Mrs. Robin Brock with a $250.00 ngevity Service Award and a framed certificate which read "in recognition of your __20-years of service, hard work.,. nd. dedication to the Cit t its-citize.ns., and4Qur fellow employees from November 3, 2000 through November 3, 2020." V. NSENT AGENDA A rn ' was --made by Council Member _ to approve the consent agenda items through D [October 2020 Warrant Register in the amounts: General Fund $547,734.61, Public Facilities Improvement Fund $103,323.03, and Capital Improvement Projec_t_s'FFuund $56,247.77 (the complete list is. ned wittiin.-the offi-ciat_minute1.e-); purch2021 Dodge Charger Police Package Cars in the amount of $51,514.00 (as--provided-in--Exhibit--tV-request for $40;000.00-4)-further economic-g GM-h -through- Okeechobee County Economic Development Corporation (as provided in Exhibit 2); Temporary Street--C+osing-,of-Soutbwest-3'd-and-4'h-Avenves-from--5-@©-to11 00 .-M. on December 11 and 12, 2020 for the Okeechobee Main Street Christmas Festival and lighted Christrn'as Para a (as provided in x i i J7- seconded By Council Member �- Clark , , Jarriel - , Mayor 'Watford Council Members Abney, Kee - Motio it1/D.enied. - VI. PUBLIC HEARING FOR ORDINANCE ADOPTION OPENED: PM A. Council-Memb-er ;--rx�oved to read -proposed Ordinance No.-1-2-18-by fle only, regarding Land Development Regulations Text Amendment A lic tion No. 20- 001-TA (as-provided-in--Exhibit-4) seconded-by-CDunctf temb-er _. ayor atford I CouncilMembers ney ar l� , Jarrie, Keefe I r. Motion ar Denied Atto-rne__%1- Fumero_read- .-proposed-Ordinance- -No.----1-2-18_by.#i#le--.or44L as.- .follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 90 Page 2 of 8, 11-17-2020 CC Reg Mtg, L. Gamiotea Handwritten Minutes AMENDING SECTION 90-162, REVISING PERMITTED USES IN THE RESIDENTIAL MOBILE HOME ZONING DISTRICT; AMENDING SECTION 90-165, REVISING MINIMUM LOT AND STRUCTURE REQUIREMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE." Council Member v 1"moved to adopt proposed Ordinance No.1218; seconded by Council Member Keefe, s4 B. a 1 atford ounC11—Affmbers Abney y Clark Jarriel--Z—, . MotioriedbDenied. Council Member moved to read proposed Ordinance No. 1219 by title only, regarding Land Development Regulations Text Amendment Application No. 20- 002-TA (as provided in Exhibit 5); seconded by Council Member Mayor atford Council� em ers -- ar � , Jarriel, Keefe. Motion arned/Denied. Attorney lEurnero read proposed Ordinance No. 1219 -_by- title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 70 ------------ OF THE LAND DEVELOPMENT REGULATIONS OF -THE CITY OF OKEECHOBEE,- AMENDING SECTION 70-340, BROADENING THE APPLICABILITY OF THE FINDINGS REQUIRED FOR GRANTING PETITIONS; AMENDING FORM -1--OF APPENDIX A TO CLARIFY THE PROCEDURES FOR COMPREHENSIVE PLAN AMENDMENT PETITIONS; AMENDING FORM-3 OF APPENDIX ATO CLARIFY THE PROCEDURES FOR ZONING DISTRICT BOUNDARY CHANGE PETITIONS; CREATING FORM 19 IN APPENDIX A TO PROVIDE STANDARDS AND CEDURES FOR. -ADMINISTRATIVELY INITIATED COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENTS; CREATING FORM 20 IN APPENDIX A TO PROVIDE STANDARDS AND PROCEDURES FOR ADMINISTRATIVELY INITIATED ZONING DISTRICT BOUNDARY CHANGE PETITIONS; PROVIDING FOR CONFeiegF,-PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE." Council Member moved to adopt proposed Ordinance No. 1219: seconded by Council Member Mayor Watford_ Keefe'; . Motio ,,_�uncil Members arrie Denied. Abney J Page 3 of 8, 11-17-2020 CC Reg Mtg, L. Garniotea Handwritten Minutes _ -.— V ,r VII. REW BUSINESS A. -- A motion was --made by --Council Member--&&— to approve Addendum No. 4 to the Agreement with Treasure Coast Medical Associates, Inc. (TCMA) and the City "— (as provided in Exhibit 6); seconded by Council-Mem er Current contract for medical services with TCMA extended through 2022. We added the al...ser_v�Lce-s to our__benefit plan to promote health..ng_our city employees and their immediate families. Currently we have employees and possible future retirees who have chosen not to participatein-the-groat^ "pa'*" insurance plan through the group health insurance provided through the City. Some may be because they are unable -----to-afford the premiums for their spouses -and/or dependentschosen not to - participate and save the city money. An addendum is suggested to enable those described above to participate-i the medical se ces"witffTCMA�ribe m he addendum, the fees would be through parooll deduction or if retired, fees must be paid priorto the 25th of - the month for benefits to be paid for the following month. For those not participating in employee health. insurance -the city.will_pay-_the_employees monthLy__fee 1. n A -1 1 _ re It (y to V\) A 5 n vr/l ,1 1— 0d u nI P., 1.4 '1 n t-% -e A I J n _I_ i I !I 2.7 . -maY orWatford ( CoiunciT Members Abney, Clark Jarriel , Keefe ., . Motio arse enied. --- -- - - B. A motion- was made by Council Member-- to approve an agreement with the Okeechobee County Sheriff's Office to provide ani I control services (as provided in Exhibit 7); seconded by Council Mem1� The agreement provide.-s-56 animal control and related services to the City with a cost - controlled average of the preceding 3 years. This allows for etter budgeting while ,- continuing to provide the service to the citizens of the city. Approximate costs will be $65,000-$75,000 for this budget year. This amount is contained within our budget. Mayor Watford ,2- Council Members , Clark Jatxiel Keefe MotionFCar Re enied. tT 4 Page 4 of 8, 11-17-2020 CC Reg Mtg, L. Gamiotea Handwritten Minutes C. A motion was made by _Council Member 8J- to approve a maintenance agreement from CSX as required for the installation of a new traffic signal at North 911 Str et and Highway 441 (as provided in Exhibit 8); seconded by Council Member AQ The majority of the agreement is between CSX and operational entity once completed. ME FDOT with the City names as the Mayor Watford-ncil Members AbneyClark 'C'-�-, Keefe. Motio Carrie enied. D. A motion was made by Council Member to approve entering into a contract with Verizon under State Contract No. DMS-10/11-008C and purchase required materials from K&K Systems for the implementation and installation of WiFi hotspots in the total m unt of $33,056.31 (as provided in Exhibit 9); seconded by Council Member — The hotspots will assist the scbi66T students during this time of virtual k ool within our community as we have a large demographic which does not have internet or the capability at home. The idea for these areas would be to both have a public access point for all our students online and attract citizens to our parks and related nearby businesses. Staff recommends approval to enter into a contract with Verizon in the amount of $21,173.97 for services and equipment, and approval to purchase the required remaining materials for construction from K&K Systems in the amount of $12,097.40, which is the lowest quote obtained by Public Works. - Mayor Watford Keefe . Motic 0 Council Members Abney Clark- Jarriel , ediDenied. ' Page 5 of 8, 11-17-2020 CC Reg Mtg, L. Gamiotea Handwritten Minutes 1 i E. A :_motion was made by. Council Member__ to approve 2019 202.0-._-End_ of Year Budget Amendments (as provided in Exhibit 10); seconded by Council Member 3.990 h19!ten1h" bui Revenue Highlights: General Fun revenues budget- to actua was a decrease o $86,700.00; Ad valorem $82,800 (2, %) higher than budget; Sales Tax Revenue 1 Cent - -Tdwer than budgeted however$10,000 higher than the prior year; Half cent is the opposite (local), $4,000 lower than the prior_year, and._$3,000 more budgeted; Building permits, - planning, exceptions realized over a $40,000 increase in revenues compared to budgeted amounts; Electric UT higher than budgeted, however $20,000 less than the prior year; Fines and Forfeitures, increased significantly for the 2"d year; Additional grant revenue received. General Fund Expenditures: Overall operating expenditures within the GF are reporting 8.6% to - budget; CRA-Pbt-performed,�Average-fuel-cost per gallon, $2 53 Gas and $2.15 Diesel; Animal control cost increased significantly again this year. sma gwill MEV.� Kee Zf- .. .- .. F. Discuss Flagler Park and City Hall Park I 11, CAD +0 UaLt�t MU urs of oppratipp, Page 6 of 8, 11-17-2020 CC Reg Mtg, L. Gamiotea Handwritten Minutes Ez au Oki F" LV "IT" T4 4-ju X. TherQ "pepg no further items on the agenda, Mayor Watford adjourned the meeting at , P.M. The next regular meeting v scheduled for December 1, W20, at _ 6.00 P.M. Pane 8 of 8, 11-17-2020 CC Reg Mtg, L. Gamiotea Handwritten Minutes CITY OF OKEECHOBEE, FLORIDA NOVEMBER 17, 2020, REGULAR 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, November 17, 2020, at _6:00 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The video, audio, and digital comments were recorded and retained as a permanent record. The invocation was offered by DW followed by the Pledge of Allegiance by BJ 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 City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Executive Assistant Robin Brock General Services Coordinator Patty Burnette Finance Director India Riedel PRESENT ABSENT _x _x_ x x x _x_ _x_ x x x Marvin Roberts III. AGENDA AND PUBLIC COMMENTS A. Mayor Watford asked whether there were any agenda items to be added, deferred, or withdrawn; there were none. B. Council Member wa moved to approve the agenda as presented; seconded by Council Member bk VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. C. There was one agenda item forms or comment cards submitted for public participation for any issues not on the agenda. Mr. Dale Barrett — provided a copy to the Mayor for the record. For those of you here who don't know me Im Dale Barrett, father of Brian Barrett who recently took his own life. People tell me they are sorry for our loss, we did not lose brian, he was taken from us due to emotional stresses who couldn't cope with and made a terminal decision. Paraphrase two passages form the bible, those among you who cast the first stone.... Vengeance is mine sayeth the lord... remind myself of the validity of those passages from our sanity. Expect some great speech about morality. Clear after following politics the American citizenship overlooks this deviance. I would like to pose some questions to you the Council. What reasonable expectations should the city voters have of their elected officials? Firm grasp of what the difference is from right and wrogon. Fully and appropriately functioning moral compass. Should an elected city official be expected to know the difference between respect and disrespect. If Im wrong, I would like to hear from the citizenry. Or you could ask these same questions of the 600 individuals who knew my son who chose. Fill a vacant seat on your council, you give counsel on th issues that affect the citizens and all those who voted for you. Day of reckoning may be on hand fo rhte next ele ction cycle. FS 100.361 municipal recall deals with the process of removal from office. Recall petition and re-election. Currently in contact with governor's office for this procedure. Item 6d provides grounds ..... malphesant, misphesant, neglect of duty, drunkenness, permanent inability to perform official duties, conviction of a felony including moral turpitude. Item 7 effective resignations, B. Jenkins Handwritten Minutes, November 17, 2020, Page 1 of 11 resigns prior to the recall election, fill vacancy. Implore you to avoid in every legal way possible, do not let your decisions be tainted by one individual. I assure that the Okeechobee City Citizens, my son brian, the governor, and 600+ others will be watching. The person who could speak the clearest. Brian remains forever 49, visual picture watching tv receiving a text message, son so distraught. Pushed send and pulled the trigger. It's a tragedy that will never be un000ked by us. We will always remember the love we have for brian. End this message with one statement, vengeance is mine sayeth the lord. I will leave that vengeance to him, but im claling on this council to do whats right in the best legal matter you can. Best that Karen and I could give Okeechobee. Kind of person Okeechobee needs. Not here to speak for himself. Mayor -thank you for the ocmments. Full disclosure I have had a phone conversation with Mr. Barrett, and in the conversation I relayed that we are in conversations with the situations with the Attorney and we continue those. We are limited on the things we can do, we're still working on that. Monica Clark -full disclosure -had a conversation with the Barrett's. I also called the attorney about the legalities of what we can do as a council. I think we as a council should encourage the council ember elect to resign over this situation. Expect the people to be upstanding citizens. Can't help that this person stood in front of us talking about how important the city family is. Don't know what family member would do this. Encourge Russ to step down. Bob Jarriel-in total agreement with Monica. Dale -thank you Monica -clarification from the attorney for the process of recall. JF-so first of all im very sorry, im a father. 100.361 process of recall petition. Depends on the number of registered electors in the City. More than 2000 less than 50000. 250 or 10% of total can move forward with a recall petition process. This is an area of law that has not been widely explored. Based on my research, all of these relate to undertaking the duties as an elected official, for better or worse, do not relate to morality, conviction of a felon involving moral turpitude which is connected to a crime, taking an intentional action or inaction, all have to do with the position of the office. Tools available to the City Council, its not an issue of ethics defined by state law, frankly no real avenue available to this council at least that I have been able to identify under state law. Even if there was a line in the statute of moral turpitude, the case law requires the city have an ordinance that implement the state statute. Monica -I think our best solution is public support and pressure. And I hope every single one of you to support thise. Dale -have here tonight individuals of the family. Tell us what we need to do, give us guidance, we can get all the signatures, I need guidance, we're not here to judge the man, but what do the people of Okeechobee expect with him being on the council. Why would I trust any decision made form this point forward if this individual is helping make this decision. Are you going to be satisfied with his decision that he's telling the truth, that things are correct in what he does. These are all of his friends, they're all support of Brian, I read the law. I know what he has to do. But we're talking about my son who is no longer with me and I will forever be in this chair to unnerve him. Doesn't matter, Okeechobee is as much my City as anyones. We love Okeechobee. With the school board for 44 years. But I certainly don't want to be in a city with a person who doesn't know right from wrong, truth from lies, morality or immorality. These people are here to back me up. When there was 600-700 people to show up for a celebration of life. Whatever it takes to get a petition started. I'm not going to stop. The governor's office said he'd get back to me. This is not over, trust me. DW-Attorney speak to how a recall petition works. The procedures. Quite obvious council has no legal recourse JF-because city does not have an ordinance implementing the law for recalls, do not believe a recall can occur in the city. Very detailed process that is laid out. Case that anyone is interested. I'm addressing legally whats available. Case 1989 Pembroke pines .... 4'" district court of appeals ruled as follows: in substance, the provisions in 100.361 applied to municipalities and these provisions shall apply to municipalities and chartered counties, recall provision adoption, absence of adoption we hold there is no legality. Case says you must have an implementing ordinance. I've reviewed the code, generalized in a sweeping way enforces state statutes. Process, if a municipality petition must be signed by 250 or 10% within the city. The petition must contain the name of the person, statement of grounds, statement of grounds not exceeding 200 words, limited solely specified in paragraph d. grounds for removal of elected officials shall be limited to the following and must be contained in the petition. Read the B. Jenkins Handwritten Minutes, November 17, 2020, Page 2 of 11 information from the statute. Petition is filed with the Clerk, process of verifying signatures, petition and papers are filed with SOE to determine validity. DW-who determines whether the petition is valid? JF-it is with the SOE office, keeper of the process based on statute. DW-if someone were to say mayor Watford committed malphesants, who determines that it's the appropriate reason? Does the SOE say ok, therefore you can do the recall. JF-this provision here, "shall be designated as the recall committee" specific person as a chair. Create a recall committee. All of these determinations are subject to review by a court of law. The recall was overturned from what I read to you. DW-at this point someone can start the position. JF-cannont find authority for this council to take any action. DW-at this point someone would have to start that recall position. It doesn't matter whether they have taken office. JF-that's my opinion, they're elected, the swearing in is ministerial. Dale -Mr. Abney -how did you come by your seat on this council. WA -I was appointed by the Council through an application process. Dale -how? MDO-pending felony charges, determined by the governor's office. Dale -not another case where someone has been removed by the governor. The governor's office can supersede anything that the council can do. Be aware I am in contact with them. DW-you have to realize that the governor is in the same position, he'll have to have legal grounds. Dale -if he doesn't resign or drop out voluntarily, and there's no secret of what the situation was. My only hope is that with your attorney there is a vetting process. What does a council member get here. What is the vetting process. This council needs to consider some way to protect themselves because the city is too good for people who are contrary to the expectations. DW-unfortunately if they are elected by the voters, any office, nobody else runs, the city council can't do anything about it. We can encourage people to run. Dale -is there an answer to that, is there a way people can be vetted. JF-the question is vetted on what? There should be vetting on the criminal history and ethics law, this is an issue of morality. For better or worse, the law doesn't address, don't know why, I've looked and can't find something to address the issue. There's just nothing that I've been able to find in the law that addresses a moral issue that's unattached to a legal or ethical action. Dale -think about DW-we can only do what is legal. Legally im here and I can be here because I was voted for. If the individual would choose to resign, that would solve a lot of problems. As council member clark mentioned, we can do that. We have to be careful because of the sunshine law. Other individuals can just pick up the phone and call. I know what you're saying, I can only do what is legal. Dale -what I'm saying is, when that individual is sitting in that chair, are you telling me that your decisions aren't going to be tainted by that individual and you're going to look at him and agree with him. I don't know, I'm the parent, most of you knew Brian, he was a good and honest man. Are you telling me that your decisions are going to be impartial. Maybe I'm wrong, maybe morality doesn't mean anything anymore. BK-Mr. Barrett, I know who you are, I do know who your son is, I was shocked. I appreciate you being here and I want you to know that despite our lack of ability to take action in the legal realm, certainly what you're saying, I honor you and your words, appreciate you all being here. Being an elected official is an honor and a privilege. It made me sad, disheartened, even angry, people were by default elected. 2 years ago, when I was running, there were 3 seats available and I had applied for that vacant seat that abney was appoint to. I didn't get appointed. When I found out that there were only 3 people running for 3 seats, so I qualified. Unfortunately the voters didn't get to say this time around, because we deserve to vote in who represents us. We all have our own individual opinions, agendas, things we want to have accomplished. I've learned a lot from the Mayor in the past 2 years. But I know that anyone who fills a vacant seat, if they do not do their due diligence, and we do have recourse in our ordinances to remove fellow council members for misconduct. I've read and re -read our ordinances and charter. It wasn't brought up tonight because he's not seated here. I hope you do keep coming. This council would not allow anything less than the great teamwork we've been providing. Morality means something to me. I can only hope there is massive pressure for resignation. B. Jenkins Handwritten Minutes, November 17, 2020, Page 3 of 11 BJ-only speaking for myself. Hope a petition would come together. We're not perfect but we were elected and we would never embarrass our people. Hopefully he will resign. IV. PROCLAMATIONS AND PRESENTATIONS A. Mayor Watford proclaimed the week of November 18 through 25, 2020, as "Farm City Week." He presented the document to Mr. Mickey Bandi and Miss Lexi Bandi representing Florida Farm Bureau, which was read into the record as follows: "Whereas, Florida farmers and ranchers help feed the world by producing a bounty of nutritious foods. To do this, they rely upon essential partnerships with urban and suburban communities to supply, sell and deliver finished products to consumers across Florida and around the globe; and Whereas, rural and urban communities working together have built our nation's rich agricultural resources so that they contribute to the health and well-being of our country and the strength of our economy; and Whereas, during National Farm City Week, we recognize the importance of this cooperative network. Agriculture and related enterprises employ more than 2 million workers, including farmers and ranchers, shippers, processors, marketers, retailers, inspectors and others who contribute an annual impact of $146 billion to Florida's economy; and Whereas, Farm City Week activities celebrate the mutually beneficial relationships that support the quality of life we all enjoy. This week, as we gather with family and friends around the Thanksgiving table, we count these relationships among our many blessings. 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 November 18 through 25, 2020 as `Farm City Week', and I do further call upon all citizens to acknowledge and celebrate the achievements of all those who, working together, produce and supply our community, our nation, and the world with an abundance of agricultural products." Mickey thank the council for the support for farm city week. Hand sanitizer in the basket. This year the committee decided not to hold a luncheon this week. Youth were not able to attend. Appreciate your support of it. B. On behalf of the City, Mayor Watford presented Mrs. Robin Brock with a $250.00 Longevity Service Award 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 November 3, 2000 through November 3, 2020." Marcos -you joke around, you surround yourself by good staff, trustworthy honest, takes care of everyone. Above that but she takes care of me, she knows where I am, does everything and fills in the gap. Couldn't do it without her. Mayor -echoes those comments. Appreciate all you do. It's just hard to say how much we appreciate you. But we really do and we've put you through a lot and we have a certificate here. JF-my job has been a lot easier because of Robin. Robin -thank you for the kind words. When I started work here I never will forget the phone call I got when I got the job. I was told I was going to start on a Friday. It's been a very cool job, its not just a job for me. There's so much that has happened in the past 20 years, I could write a book. Ive always been proud to be a part of the city. I have the best co-workers in the world, and every department that is represented. I think that's the heart of the City. I remember the ups and downs, we all share each other's grief, happiness, deaths. In 2008 we lost our fire batallion chief to cancer. Some didn't have a chance to say goodbye, we say we're city family but we really are. That's one of the things I've enjoyed very much. One thing will remain, I will always be grateful to be a part of the city of Okeechobee. V. CONSENT AGENDA A motion was made by Council Member _BK_ to approve the consent agenda items A through D [October 2020 Warrant Register in the amounts: General Fund $547,734.61, Public Facilities Improvement Fund $103,323.03, and Capital Improvement Projects Fund $56,247.77 (the complete list is incorporated within the official minute file); purchase of two 2021 Dodge Charger Police Package Cars in the amount of $51,514.00 (as provided in Exhibit 1); Temporary Street Closing of Southwest 3rd and 4t" Avenues from 5:00 to 10:00 P.M. on December 11 and 12, 2020 for the Okeechobee Main Street Christmas Festival and lighted Christmas Parade (as provided in Exhibit 3)]; seconded by Council Member _MC_ VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. B. Jenkins Handwritten Minutes, November 17, 2020, Page 4 of 11 Pull Item C for discussion by BJ. request for $40,000.00 to further economic growth through Okeechobee County Economic Development Corporation (as provided in Exhibit 2); BJ-maybe a few months ago we had a gentleman address the council and that time he told us to give it to the park program. We talked about it. I really support it and it's a super program, but I think this year the $40,000 for the parks would be a big economical stimulous for the parks. Come next year I will support the economic development again. It will help out very much. MDo-just for clarification. At that time the Chair did speak on the executive board, not the full board. It was kind of a misspeak on his behalf. Go through what the board is requesting. The idea is that we are behind the organization. MC -when we did our budget, I thought we voted that included the $40,000 for economic development. When Mr. Irby came and asked us to move it to the parks. We didn't vote. MDO-there was enough discussion among the council to move that item. We just want to be straight forward again. MC -why are we voting on this again since we already approved the budget for the $40,000 in economic development. MDO-because there was a discussion to come back and use it for the parks and to use it for the first scope of the landscape architect. We were going to do a budget amendment. MC -so the way its stated we are giving the money to the economic development corporation. WA -as for now it is budgeted for the economic development corporation BK-would this have come to us anyways? The police department has some items on there. Wouldn't MDO-typically it would have come back to us, but because of the discussion and consensus at previous meetings, this is a clear way to ensure that. MC -do we have any money in the budget for the parks? IR-not landscaping architectural services MDO-the first scope is the derived scope from the board because we don't know what that's going to be or the what the scope is going to be. DW-since you are the rep on the Board, can you update us on the Executive Director position Bert Culbreth-we are in the process, we have hired a business manager Kaylie King, appreciate the partnership and support and we believe this is vital to moving forward with the economic development in the community. In the process of searching for a new executive director. BK-motion to approve the budgeted amount to $40,000 to EDCO; 2nd BJ VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. VI. PUBLIC HEARING FOR ORDINANCE ADOPTION TIME: 7:01 PM A. Council Member _BJ moved to read proposed Ordinance No. 1218 by title only, regarding Land Development Regulations Text Amendment Application No. 20-001-TA (as provided in Exhibit 4); seconded by Council Member _BK_. VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. Attorney Fumero read proposed Ordinance No. 1218 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 90 OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF OKEECHOBEE; AMENDING SECTION 90-162, REVISING PERMITTED USES IN THE RESIDENTIAL MOBILE HOME ZONING DISTRICT; AMENDING SECTION 90-165, REVISING MINIMUM LOT AND STRUCTURE REQUIREMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE." Council Member _MC_ moved to adopt proposed Ordinance No. 1218; seconded by Council Member BJ DW-discussed quite a bit at the first meeting Public comments: none Council Discussion: none B. Jenkins Handwritten Minutes, November 17, 2020, Page 5 of 11 VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. B. Council Member _BK moved to read proposed Ordinance No. 1219 by title only, regarding Land Development Regulations Text Amendment Application No. 20-002-TA (as provided in Exhibit 5); seconded by Council Member _MC_ VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. Attorney Fumero read proposed Ordinance No. 1219 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 70 OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF OKEECHOBEE,- AMENDING SECTION 70-340, BROADENING THE APPLICABILITY OF THE FINDINGS REQUIRED FOR GRANTING PETITIONS; AMENDING FORM 1 OF APPENDIX A TO CLARIFY THE PROCEDURES FOR COMPREHENSIVE PLAN AMENDMENT PETITIONS; AMENDING FORM 3 OF APPENDIX A TO CLARIFY THE PROCEDURES FOR ZONING DISTRICT BOUNDARY CHANGE PETITIONS; CREATING FORM 19 IN APPENDIX A TO PROVIDE STANDARDS AND PROCEDURES FOR ADMINISTRATIVELY INITIATED COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENTS; CREATING FORM 20 IN APPENDIX A TO PROVIDE STANDARDS AND PROCEDURES FOR ADMINISTRATIVELY INITIATED ZONING DISTRICT BOUNDARY CHANGE PETITIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE." Council Member _BJ_ moved to adopt proposed Ordinance No. 1219; seconded by Council Member WA MDO-again same one Public comment: none Council Comments: none VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. CLOSE PUBLIC HEARING TIME: 705 PM VII. NEW BUSINESS A. A motion was made by Council Member _BJ to approve Addendum No. 4 to the Agreement with Treasure Coast Medical Associates, Inc. (TCMA) and the City (as provided in Exhibit 6); seconded by Council Member _MC_ Current contract for medical services with TCMA extended through 2022. We added the medical services to our benefit plan to promote health and wellness among our city employees and their immediate families. Currently we have employees and possible future retirees who have chosen not to participate in the group health insurance plan through the group health insurance provided through the City. Some may be because they are unable to afford the premiums for their spouses and/or dependents. Some may have chosen not to participate and save the city money. An addendum is suggested to enable those described above to participate in the medical services with TCMA. As described in the addendum, the fees would be through payroll deduction or if retired, fees must be paid prior to the 25th of the month for benefits to be paid for the following month. For those not participating in employee health insurance the city will pay the employees monthly fee. MDO-basically what we're trying to do, no cost to city, is to provide for dependent ability to buy in at $40 per month, not including prescriptions. It would cover those that could be covered by city insurance but choose not to. Cost savings to employees. DW-I do not have city insurance, am I allowed to utilize urgent care IR-if someone chooses not to participate, so the addendum says, is that the city will pay $40 per month for the employee that would have been covered under our health insurance for cost savings. Instead of the $800+ per month, we will pay $40 for the employee, employee pays $40 for dependents. We do have employees who will retire before medicare age, they pay $40 to have services. DW-gives us some equity. B. Jenkins Handwritten Minutes, November 17, 2020, Page 6 of 11 IR-there are two exhibits that will be incorporated within the contract that lay out the amounts. JF-make a non -material revision to incorporate Exhibit C & D VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. B. A motion was made by Council Member _MC_ to approve an agreement with the Okeechobee County Sheriff's Office to provide animal control services (as provided in Exhibit 7); seconded by Council Member _BK_ The agreement provides the animal control and related services to the City with a cost - controlled average of the preceding 3 years. This allows for better budgeting while continuing to provide the service to the citizens of the city. Approximate costs will be $65,000-$75,000 for this budget year. This amount is contained within our budget. DW-we have some real escalations. MDo-this will normalize the costs for budgeting. No council comments VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. C. A motion was made by Council Member _bj_ to approve a maintenance agreement from CSX as required for the installation of a new traffic signal at North 9t" Street and Highway 441 (as provided in Exhibit 8); seconded by Council Member _MC The majority of the agreement is between CSX and FDOT with the City names as the operational entity once completed. MDO-we are entrusted with the maintenance in the City. WA -page 2 references virgina, Jacksonville, duval, MDO-that's there offices DW-we are responsible for maintaining it. MC -are we going to take that money out of the police department since he won't have to respond to so many accidents. VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. D. A motion was made by Council Member _BJ to approve entering into a contract with Verizon under State Contract No. DMS-10/11-008C and purchase required materials from K&K Systems for the implementation and installation of WiFi hotspots in the total amount of $33,056.31 (as provided in Exhibit 9); seconded by Council Member _BK DW-MDO informed me that there is good news on this item so before we make amotion, I've asked the admin to give us an update. MDO-talked with the OCSB, spin off of CARES, we are going to have a bunch of engineers install them, private project and leap frog around the state. Florida Engineering Society is involved in it. The hotspots will assist the school students during this time of virtual school within our community as we have a large demographic which does not have internet or the capability at home. The idea for these areas would be to both have a public access point for all our students online and attract citizens to our parks and related nearby businesses. Staff recommends approval to enter into a contract with Verizon in the amount of $21,173.97 for services and equipment, and approval to purchase the required remaining materials for construction from K&K Systems in the amount of $12,097.40, which is the lowest quote obtained by Public Works. WA -where is the equipment going to go? MDO-its going on a pole, its semi permanent, solar powered pole hot spot one pole in each park. DW-centennial park, noticed the solar power chargers. VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. B. Jenkins Handwritten Minutes, November 17, 2020, Page 7 of 11 E. A motion was made by Council Member _MC_ to approve 2019-2020 End of Year Budget Amendments (as provided in Exhibit 10); seconded by Council Member _BJ_ IR-Revenue Highlights: General Fund revenues budget to actual 3.9% more than what was budgeted, however it was a decrease of $86,700.00 from the prior year; Ad valorem $82,800 (2.5%) higher than budget; Sales Tax Revenue 1 Cent lower than budgeted however $10,000 higher than the prior year; Half cent is the opposite (local), $4,000 lower than the prior year, and $3,000 more than budgeted; Building permits, planning, exceptions realized over a $40,000 increase in revenues compared to budgeted amounts; Electric UT higher than budgeted, however $20,000 less than the prior year; Fines and Forfeitures, increased significantly for the 2nd year; Additional grant revenue has been received. General Fund Expenditures: Overall operating expenditures within the GF are reporting 8.6% lower than amended budget; CRA not performed; Average fuel cost per gallon $2.23 Gas and $2.65 Diesel; Animal control cost increased significantly again this year. End of Year Budget transfer -in from Capital Fund, $467,898 as compared to $1.36 million for use within the operational General Fund. Must present this before nov. 30, there are some money's haven't received yet. Capital fund: most of projects came to fruition. Did not get to do our grant funded items for the road projects. MDO-thank staff, we came in $900,000 better than what our initial position was at the beginning of the year. VOTE: Ayes -Mayor Watford, Council Members Abney, Clark, Jarriel, and Keefe. Nays - none. Motion Carried. F. Discuss Flagler Park and City Hall Park hours of operation. DW-as you recall at our last meeting, local business owner complain about homeless in the parks and since then, I've gone into a business on park street and that's the first thing he hit me with. MDO-disuussion on what we can do, the hours of the park. Intent is to always have the park open, but we have to get creative on what we can do to keep the security up. RP -its an issue, even if we limit the hours in the park, its not going to stop them from using the park. If they're using the park, there's nothing we can do, if they're begging for money or panhandling, then we can do something. Have to have a specific reason to ask them to leave, homeless its worse, there is case law if the city/county does not provide a place for them to shelter, then you can almost not ask them to leave. The attorney is researching it. BJ-if we did establish hours at night, you could clear them out of the park at the point. RP -bare in mind, this keeps everyone from using the park. There are other people who use the parks. DW-the issue is where are they going to go. RP -there are several businesses that pay them to clean the windows, and it compounds the problem for everyone else. We are doing everything we can legally. Goal is to keep a safe and friendly environment for families. DW-business owner have them trespassed. RP -yes DW-but not the sidewalks. One of the business owners was complaining they were using the restroom around their business. Unless we catch them in the act, what can we do? RP -they rarely call us. Sooner or later they do something that gets them put in jail. No easy solution to it, its constant maintenance. DW-some of the initial discussion, midnight or 1 am in the morning. When park street is closed. It would also get rid of the tenting. WA -are they allowed to sleep in the park BP -don't know of an ordinance that says it. We can address no overnight camping. Believe it or not, you would be surprised of what you can not do as a city. BJ-I think that would be where the hours take effect. Most of the problems are on the Krissy Culbreth-but the question is, its gotten worse, do you have any idea of what we can do to improve it. I shop on that end. They are urinating behind the monuments and we have kids who are in the parks. DW-that's the problem it's a public park. MC -the reason why he came back here is because they will pay him. B. Jenkins Handwritten Minutes, November 17, 2020, Page 8 of 11 RP-90% of homeless have mental issues, we are not doing that but there is very little we can do. Try to manage it the best we can. MC -we should close the park at night. At least we can say the park is closed. Is there any way to put a lock on the spicket so they can't wash themselves in the park. RP -when we start doing that, they have to washup somewhere, they go the bathroom somewhere. I don't think we have a problem in the park at night. BK-chief, since this is such a highlighted issue at the moment, since these particular group of homeless have stirred the hornets nest on main street, possible to have a presence during business hours on foot. RP -the problem is it has gotten so busy. BK-how about our school resource officers on their school days off they belong to you? RP -schools out all next week. BK-lets get them on the street next week, there is no school. BK-what do we have to address the business owners that are paying them? Legal recourse? Effectively mitigate business owners from encouraging their presence. RP -they have compassion for these individuals. BK-we all need to have empathy, they're human beings. And us as a community should have empathy and be thankful we're not in there shoes. There's only so much you can do, then it compounds. My question wasn't answered. What can we do with the business owners who encourage them to stick around. Any legal recourse to prevent them from doing that. JF-remember when you pass a rule, you better have an eye on enforcement. How are you going to enforce that. Chief is 100% right, 2019 US Supreme Ct decision Boise ID precluding overnight camping in the parks, US supreme court violation of the 8t" amendment and the reason why they said that there was inadequate shelter and because eof that the court said they had to sleep somewhere. Bathing in a public space is a human necessity, unless there is infrastructure provided. Have you talked about transporting them to a space where there is facilities. RP -I think we are doing the best we can as a city. It is relatively small and we are managing it the best we can without running into legal issues. I'm over there every single day, tell guys to be creative. I don't think you're going to come up with a legal solution with the problem we have over there. Literally talking about a handful of people. BJ-I still, we do it in centennial park, I know those businesses are open, I think we can make it a better time. If its 9 to 6 in the morning, its going to keep them off the tables. Have the mayor write a letter explaining that we are trying to deal with the problem. Last meeting we had a business owner here complaining but he is one giving him food and money. WA -You're not allowed to camp or sleep in the parks day or night. RP -I don't know of an ordinance that says there is no overnight sleeping in the park. There is a difference between asking them or making them. BK-however doing nothing is doing nothing either. Continuing the status quo, I just feel that looking into the ordinance, addressing the business owners, the issue was highlighted we can't run them off because there is no facilities, then we need to create something. Feltenberger willing to donate land and build a facility, that's a shelter and that's something. He's trying to do something to solve this problem. It's obviously exploded here recently. I just feel we need to do something more than pass the buck. RP -no loitering ordinance and setting hours in the park, in the process, make sure they're legal and enforceable. I visit the businesses myself. BK-but im talking about legal, citing for code violation for business owners. CC -call to attention 14-177(3) is the only wording we have. DW-attorney really needs to be involved in this. JF-it's a vicious cycle. Programs create a larger population of homeless. MDO-this discussion did open more, reached out to Robbie. Highlands county is the nearest homeless shelter. DW-tough call, I think we just need to have business owners call if there is an issue. MC -personally think the chief can bring some ideas back. Consensus. G. Discuss council meeting minutes format. BK-my brain is frazzled now. So I'll make this quick. I was disheartened at an omission in previous minutes and had some discussion with the city clerk, she informed me of Roberts rules of order. Minimal amount of what's in the minutes. Couple decades ago the council followed the basic outline. Now with the digital era, I feel we can free up a lot of the clerk's office time by minimizing the details that go in it. That was my thoughts, because I know tonight's meeting minutes are going to be lengthy. Free up some of there time that are never ending. Every meeting we pile more on staff. I look at the meeting minutes when they come out. I also check what I said. There are some summaries that I feel that is incorrect. If there is a particular agenda item someone is interested in, I can request that information. B. Jenkins Handwritten Minutes, November 17, 2020, Page 9 of 11 WA-im confused, you want less? BK-make meeting minutes simpler CC -if you would like, since the mayor asked me to come prepared. I went ahead and did the last meeting minutes and gave you a sample. So what I did was to give you an idea of what they would look like if we did action minutes. The chairs don't sign the minutes. The person submitting them signs them. It is very black and white. You've got your motion, second, vote (no roll -call). MC-i like this. CC -so the difference, there's multiple ways, here is the same minutes, action with some content. The difference to give you a better idea, item 5 consent agenda. We actually put what the items are because we have no clue what they are when you do just action minutes. Content points to the corresponding exhibits. WA -like the 2nd one myself CC_new business item C & D, CE only puts case number and the property owners name but it could be the property owners name when it sells but it changes, but it doesn't include the legal description. Um, and again, I just did these with bare basic content. The one that gave me the most heartburn was the police department item with the personnel Item E, we don't know what the salaries or the positions are. What we're taught in clerk school is to put a little more in there to include the titles, the salaries approved, as well as that when someone is voting against the majority, when they give justification you document it. Never been asked why everyone has voted for something, but have been asked numerous times why someone voted against it. BK-first one suits my fancy. WA -second one has a little more information. Fine with either one. CC -just to give you a little idea as well, the item about the $40,000.... BK-madam Clerk on a typical Tuesday meeting, how long do you spend on a standard meeting minutes. CC -one day for the first draft. MC-i like the simplest version. The agendas are online with the attachments. Make it as simple as possible. No. 1 DW-I will give you my opinion. I like the way we do them now, it's the Clerk's job and I defer to her expertise and what works best for her office. I can tell you from my experience, looking back at things, BOCC at one time had minutes similar to that and I had a question. I walked into the office and they gave me the minutes. Only motion, vote. There was no discussion or information on the item. Another example, many of you know the domer family, and when the clerk was doing research for me for naming domer avenue, Domer resigned all of the sudden and there was nothing said why he resigned. She was able to do some research, so we assumed. There may be a time in the future that some one can't listen or watch the video. My biggest thing is that's the Clerk's CC -one more thing DC reminded me of, retention information given. BJ-agreement with Moncia. I think we have neought business in the City we need to be more than writing minutes for 2 or 3 days. Does the administrator get a copy of the minutes. I would be in favor of this. I don't think that someone who voted against a motion is as important as BK-motion to accept the action minutes only; second by BJ VOTE: Ayes- Council Members Abney, Clark, Jarriel, and Keefe. Nays -Mayor Watford. Motion Carried. Vill. CITY ATTORNEY UPDATE Fire Services agreement done -all exhibits have been worked out with county. Bringing the agreement to the November 25th meeting. Spoke to county attorney yesterday and everything is good. Once approved by BOCC, I will bring it back to you for ratification. There are no material changes except exhibits. After approval of ILA, we'll focus our attention to the affected employees, providing each one with a separation agreement. Worked out issues with pension attorney and pension plan, provide with option to keep plan or opt into county pension plan. Preparing formal notice to IAFF 2918. Code Enforcement -we have 7 pending cases in Okee County Circuit Court. Currently preparing 4 cases that will be presnete dto city council to move forward with foreclosure. To be clear, all the cases I have sent you memo's on are old cases that we are cleaning up. Theres nothing new that has been brought to you. I will be providing you with a monthly email. B. Jenkins Handwritten Minutes, November 17, 2020, Page 10 of 11 IX. COUNCIL COMMENTS WA -NONE BJ-glad you came, when you attend each meeting they won't take as long. I know your group will support the parks and its very important to the city and county. Didn't hear anything from public works tonight, did you want to say anything. BK-MDO's memo just came out today. Repairing sprinklers in city park. I thought the landscaping contract included repairs of sprinklers. Marvin -we always do that. BK-get a copy of the contract. MC -husband be there on dec. 1 and he said yes. X. There being no further items on the agenda, Mayor Watford adjourned the meeting at _8:28_ P.M. The next regular meeting is scheduled for December 1, 2020, at 6:00 P.M. B. Jenkins Handwritten Minutes, November 17, 2020, Page 11 of 11