2021-04-20 Handwritten Minutes1�
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CITY OF OKEECHOBEE, F ORIDA
APRIL 20, 2021, � MEETING ����''�'�
HANDWRITTEN MINUTES BY LANE GAMIOTEA
I. CALL TO ORDER
Mayor Watford called the Town Hall meeting of the City Council for the City of
Okeechobee to order on Tuesday, April 20, 2021, at �� � P.M. in the City
Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee,
Florida.
The invocation was offered y ! , followed by the Pledge of
Allegiance led by �� � �
- II. ATTENDANCE
� Mayor powling R. Watford, Jr.
Council Member Wes Abney
Council Member Clark
� Council Member Jarriel
__ . Council Member Keefe
PRESENT ABSENT
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- STAFF ATTENDANCE NOTED:
City Attorney John Fumero Police Chief Peterson �
City Administrator Marcos MontesDeOca Fire Chief Smith "'"�
Deputy City Clerk Bobbie Jenkins Public Works Director Allen _�
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III. AGENDA AND PUBLIC COMMENTS i
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A. Mavor Watford asked whether there were any agenda items to be added, —�
deferred, or withdrawn Item IV.A. was withdrawn�� ���� �' ��
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B. Motio by Council Member %� , seconded by Council Member
to approve the agenda as presente amended. -
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Mayor W� �, Council Members Abney_�, Clark�, Jarriel�, Keefe�.
. - Motio arned ailed. �
C. There were agenda item forms or comment cards submitted for
public participation for any issues not on the agenda.-�
'� IV. PRESENTATIONS AND PROCLAMATIONS �
A. Proclamation declaring the City of Okeechobee a Purple Heart City. �
THIS ITEM WAS WITHDRAWN. Pr�,����t��. p;�
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B. Present a 25-Year Longevity Service Award to Police Sgt. Bettye Taylor.
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`�Deferred from the 4/6/2021 meeting. Ms. Bettye Taylor was presented a$500.00
�►., Longevity Service Award and a framed certificate which read "In recognition of your 25-
�� � years of service, hard work, and dedication to the City, its citizens, and your fellow
� employees from April 3, 1996 through April 3, 2021."
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_�, .. L. Gamiotea Handwritten Minutes, 4-20-2021 Regular Meeting, Page 1 of 10
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V. CONSENT AGENDA
A. Approval of Minutes — April 6, 2021 regular meeting
B. Approval of Warrant Register — March 2021 [General Fund $585,758.66, Public
Facilities Improvement Fund $35,935.71, Capital Improvement Projects Fund
$85,170.62, Appropriations Grant Fund $64,833.33, and Law Enforcement
Special Fund $375.00]
C. Re-appoint regular members Dawn Hoover and Mac Jonassaint and alter
member James Shaw to the Planning Board, Board of Adjustment and Design
Review Board, terms being May 1, 2021 to April 30, 2024 (Exhibit 1).
Motion by Council Member , seconded by Council Member
Mayor Wa ord , Council Members Abney�, Clark , Jarriel�, Keefe `{ .
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Motio rned ailed.
VI. NEW BUSINESS
A. Motion to read proposed Ordinance No. 1223 by title only and set May 18, 2021
as a final public hearing date regarding Land Development Regulation
Amendment Application No. 21-001-TA (Exhibit 2).
Motion by Council Member .-- , seconded by Council Member
Mayor Wa �, Council Members Abney�, Clark�, Jarriel�, Keefe,�.
Moti rried/ iled.
City Attorney Fumero read proposed Ordinance No. 1223 by title only as follows: "AN
ORDtNANCE OF THE CtTY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 90
OF THE LDR OF THE CITY OF OKEECHOBEE; AMENDING SECTION 90-483,
REVISING THE PROVISIONS FOR PARKING REDUCTION REQUESTS; AMENDING
SECTION 90-484, REVISING THE PROVISIONS FOR REQUESTING APPROVAL
FOR UNPAVED PARKING; DELETING SECTION 90-485, MOVING LIMITATIONS
FOR PARKING REDUCTION APPROVALS TO SECTION 90-483; AMENDING
APPENDIX A OF THE LDR ADDING FORM 21, PARKING REDUCTION PETITION;
AMENDING APPENDIX C OF THE LDR ADDING AN APPLICATION FEE FOR
PARKING REDUCTION PETITIONS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE."
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Motio by Council Member , seconded by Council Member _�
to approve the first read of proposed Ordinance No. 1223. �
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Mayor Watford �, Council Members Abney�, Clark�, Jarriel�, Keefe�
Motio arne f ailed.
L. Gamiotea Handwritten Minutes, 4-20-2021 Regular Meeting, Page 2 of 10
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VI. NEW BUSINESS CONTINUED
' ... B. Motion to read proposed Ordinance No. 1224 by title only and set May 18, 2021
.,, - as a final public hearing date regarding Land Development Regulation
::��- -, Amendment Application No. 21-00 -TA (Exhibit 3).
� M io by Council Member , seconded by Council Member
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_.` Mayor _. f �, Council Members Abney�Clark �"% , Jarriel�, Keefe
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. - Moti arrie ailed.
City Attorney Fumero read proposed Ordinance No. 1224 by title only as follows: "AN
' ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; ADOPTING THE
HOLDING REZONING PROGRAM, PROVIDING INCENTIVES FOR OWNERS OF
PROPERTIES ZONED HOLDING TO REZONE TO OTHER ZONING DISTRICTS
. SUPPORTED BY THE LDR, REDUCING THE APPLICATION FEES AND
APPLICATION SUBMITTAL REQUIREMENTS; AMENDING APPENDtX A OF THE
LDR ADDING FORM 22, HOLDING ZONING DISTRICT BOUNDARY CHANGE
PETITION; AMENDING APPENDIX C OF THE LDR ADDING AN APPLICATION FEE
FOR REZONING PROPERTY ZONED HOLDING; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE."
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M tio by Council Member , seconded by Council Member ---------
to approve the first reading of proposed Ordinance No. 1224.
_ Comments: �,��'� '� l S� U�Q, �J 1� � ��� �� CJ� � " � wl
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Mayor W , Council Members Abney�, Clark�, Jarriel �,, Keefe�
Motio arrie F ited.
L. Gamiotea Handwritten Minutes, 4-20-2021 Regular Meeting, Page 3 of 10
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VI NEW BUSINESS CONTINUED
C. Consider a Scope and Fee Proposal for the design of the Flagler Park project by
Calvin, Giordano & Associates, Inc. Exhibit 4).
Mot'o by Council Member �� , seconded by Council Member
[in the amount of $93,180.00; Visioninq Master Plan: The
development of a vision for the entire area, incorporating previously adopted
design visions and recommendations for design that could positively impact the
economic sustainability of the business district and commercial corridor as a
destination that witl feet seamless with the parks system. This will include the
areas between SW 7th Avenue and 3rd Ave and from the southern right-of-way
line of West South and East South Park Street to the southern ROW line of North
Park Street (SR 70). While this will exclude any impacts to the FDOT ROW's, it will
include streetscape design considerations for SW and SE Park Street and also
_ the North/South roads which bisect each park block, excluding South Parrott
�'�� Avenue. Cattle Drive Park - Conceptual Desiqn Phase: Specific to the urban block
� between SW 6th and 5th Avenues, the conceptual design will identify the size,
� location and metrics of the many components that need to be included. The basis
of design for the conceptual plan wilt the pre-concept sketches provided by the
Okeechobee Arts Alliance. The objective of the conceptual plan will be to adapt
the vision's layout to scale on a surveyed base, identifying the programming and
uses of the future amenities, and developing them further. All subsequent tasks
beyond this point will be limited to the specific design of the urban block between
� SW 6th and 5th Avenues] —
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Mayor , Council Members Abney�, Clark�, Jarriel�, Keefe�.
Moti Car ie ailed.
L. Gamiotea Handwritten Minutes, 4-20-2021 Regular Meeting, Page 4 of 10
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VI NEW BUSINESS CONTINUED
� D. Consider settlement of a Final Judgment entered in City of Okeechobee v. Marvin
W. Brantley; Case No. 2004 CA 309 related to real property located at 1905 S.
Parrott Avenue, Okeechobee, Florida 34974.
, _._. Mo 'on by Council Member , seconded by Council Member
to approve [ADD LEGAL D SCRIPTION]
_ _ � �
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____�:
�� O�c�� �t-e�� - �'o?ii C�!C� ('c�a LOr , �#�i►.t: � I`�.—
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�n a.�rn,��-� lC� �.�us�� � Q��� � Gc(�.Q�.��.�b
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� P.� ��.���,�-�- �cs�l� �i :s���� �2��c��� � ��-�---.�,� �.
- Mayor r�, Councit Members Abney�, Clark�, Jarriel�, Keefe�
Motio Carri d/Faaled.
QP �-
�
E. Consider settlement proposal in the case of City of Okeechobee Florida v.
Okeechobee Park Street, LLC, Case No. 17-404, Walgreens parcel (Exhibit 5).
Motio by Council Member 11r1 , seconded by Council Member
to approve, in the amount of $9,920.00 [ADD LEGAL DESCRIPTION]
0��. �--, C�-����- �c— , �P �,��, 7 � �� �-� �t;, ,�-- �,�
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�� Mayor W d�, Council Members Abney�, Clark ,, Jarriel�, Keefe�.
Moti arrie ailed.
. F. Consider Special Magistrate's Recommendation against 311 NE 2nd Street
owned by Bella Rose Day Spa, Case No. 200312003 (Exhibit 6).
�tion by Council Member , seconded by Council Memb r�
�- to approve the Code Enforcement Special Magistrate recommende �� ��
fine reduction, from $ to $ [ADD LEGAL DESCRIPTION]
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Mayor �, Council Members Abney�Clark , Jarriel , Keefe
� � �'
Motio rried/ ailed. --
L. Gamiotea Handwritten Minutes, 4-20-2021 Regular Meeting, Page 5 of 10
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VI NEW BUSINESS CONTINUED
G. Approve fiscal year 2020-2021 budget adjustments (Exhibit 7).
° � General Fund
Revenues increased $12,493.00; transfers in from Capital increased $418,404.00;
Expenditures increased a total of $430,897.00; Legislative $3,950.00 (MacVicar
Consulting $1750.00, CCRAC & FPDRAC emails $2200.00); City Clerk $20,000.00
(Special Election); Legal Counsel $50,000.00 (Code Enforcement); General Services
$4,300.00 (eScribe); Law Enforcement $56,308.00 (Code Enforcement salary changes,
Officer overtime, upgrade of Spillman Software); Fire Protection $291,339.00
. (anticipated separation costs/contract costs); Road & Street Facility $5,000.00 (Parks
Repairs & Maintenance).
Public Facilities Improvement Fund
Expenditures increased $10,000 to accommodate additional cost for SE 3rd Ave
Capital Improvement Proiects Fund
Purchases increased $148,100.00 (Landscape Designer $94,000.00, appraisal for
industrial lots $3,500.00, BIS Equipment upgrade $3,600.00, tree program $13,000.00,
Park Wi-Fi Implementation $34,000.00).
Motio by Council Member �� , seconded by Council Member
to approve
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Motion arrie ailed.
L. Gamiotea Handwritten Minutes, 4-20-2021 Regular Meeting, Page 6 of 10
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VI NEW BUSINESS CONTINUED �
H. Update regarding Fire transition provided by Fire Chief Smith (Exhibit 8). ��
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L. Gamiotea Handwritten Minutes, 4-20-2021 Regular Meeting, Page 7 of 10
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VI NEW BUSINESS CONTINUED
I. Consider changing the time of the May 4, 2021 meeting due to the Special City
_.
Election.
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Motioti �arried/Failed.�_ �:-�. `�, "
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J. Review and provide direction on proposed changes to annual perFormance
� evaluations. ITEM DEFERRED TO NEXT MEETING.
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� K. Discuss Police Chief Peterson's retirement and options for filling the position �
_ .__.�:_____�_ _.. (Exhibit 9).
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Motio Carne /Failed. ���--���
L. Gamiotea Handwritten Minutes, 4-20-2021 Regular Meeting, Page 8 of 10
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The meeting was adjourned at � P.M. by Mayor Watford.
L. Gamiotea Handwritten Minutes, 4-20-2021 Regular Meeting, Page 10 of 10
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CITY OF OKEECHOBEE, FLORIDA
APRIL 20, 2021;�-��L MEETING
HANDWRITTEN MINUTES BY BOBBIE .1ENKINS
I. CALL TO ORDER
Mayor Watford called the Town Hall meeting of the City Council for the City of Okeechobee to
order on Tuesday, April 20, 2021, at 6:00 P.M. in the City Council Chambers, located at
55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida.
The invocation was offered by DW , followed by the Pledge of Allegiance by
BK .
II�_�i��►1U_\►C��
Mayor powling R. Watford, Jr.
Council Member Wes Abney
Council Member Clark
Council Member Jarriel
Council Member Keefe
City Attorney John Fumero
City Administrator Marcos MontesDeOca
City Clerk Lane Gamiotea
Deputy City Clerk Bobbie Jenkins
PRESENT ABSENT
_x_
_x_
x
x
x
_x_
_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 IV.A was withdrawn presented privately, VI.J was deferred to a later
meeting.
B. Motion by Council Member MC , seconded by Council Member
BK to approve the agenda as amended.
Mayor Watford Y_, Council Members Abney_ABSENT_, Clark Y_, Jarriel Y,
Keefe Y . Motion Carried.
C.
IV.
A.
There were none agenda item forms or comment cards submitted for public
participation for any issues not on the agenda.
PRESENTATIONS AND PROCLAMATIONS
Proclamation declaring the City of Okeechobee a Purple Heart City.
THIS ITEM WAS WITHDRAWN FROM THE AGENDA
B. Present a 25-Year Longevity Service Award to Police Sgt. Bettye Taylor.
Bob-25 yr award when I left in 1986 she was here on the auxiliary. 12 years on auxiliary, 25
yrs as full time officer. Bettye is a rare person, isn't anything in the pd that she doesn't know
how to fix, computers, people, cases. Her and I when we first went to spillman, we actually
started that. Without her we'd be dead I the water. Heck of a supervisor, runs a tight ship.
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 1 of 17
Retires in about 2 years. City and department really going to miss her. Not just the knowledge,
but the example she sets, she knows everybody. Huge asset.
DW-presented the certificate. I say this every time but I know what Bettye has done and does
for the city. People don't know all of the things you do.
Bob-she's an expertise on a lot of things.
Ms. Bettye Taylor was presented a$500.00 Longevity Service Award and a framed certificate
which read "In recognition of your 25-years of service, hard work, and dedication to the City,
its citizens, and your fellow employees from April 3, 1996 through April 3, 2021."
V. CONSENT AGENDA
A. Approval of Minutes — April 6, 2021 regular meeting.
B. Approval of Warrant Register — March 2021.
C. Re-appoint regular members Dawn Hoover and Mac Jonassaint and alter member
James Shaw to the Planning Board, Board of Adjustment and Design Review Board,
terms being May 1, 2021 to April 30, 2024 (Exhibit 1).
Motion by Council Member BJ , seconded by Council Member BK
to approve consent agent item A[April 6, 2021 regular meeting minutes]; item B[March
2021 Warrant Register in the amounts: General Fund $585,758.66, Public Facilities
Improvement Fund $35,935.71, Capital Improvement Projects Fund $85,170.62,
Appropriations Grant Fund $64,833.33, and Law Enforcement Special Fund $375.00]; and
item C[Re-appoint regular members Dawn Hoover and Mac Jonassaint and alternate
member James Shaw to the Planning Board, Board of Adjustment and Design Review
Board, terms being May 1, 2021 to April 30, 2024].
Thank the board members for serving
Mayor Watford Y, Council Members Abney ABSENT , Clark Y_, Jarriel Y_,
Keefe Y . Motion Carried.
1�/_�`J_�'���3��'�1_►` I_���
A. Motion to read proposed Ordinance No. 1223 by title only and set May 18, 2021 as a
final public hearing date regarding Land Development Regulation Amendment
Application No. 21-001-TA (Exhibit 2).
Motion by Council Member BK , seconded by Council Member
MC to read proposed Ordinance No. 1223 by title only regarding Land
Development Regulation (LDR) TextAmendmentApplication No. 21-001-TA, and set May
18, 2021 as a Final Public Hearing date.
Mayor Watford Y, Council Members Abney_ABSENT , Clark Y_, Jarriel Y_,
Keefe Y . Motion Carried.
City Attorney Fumero read proposed Ordinance No. 1223 by title only as follows: "AN
ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 90 OF
THE LDR OF THE CITY OF OKEECHOBEE; AMENDING SECTION 90-483, REVISING THE
PROVISIONS FOR PARKING REDUCTION REQUESTS; AMENDING SECTION 90-484,
REVISING THE PROVISIONS FOR REQUESTING APPROVAL FOR UNPAVED PARKING;
DELETING SECTION 90-485, MOVING LIMITATIONS FOR PARKING REDUCTION
APPROVALS TO SECTION 90-483; AMENDING APPENDIX A OF THE LDR ADDING FORM
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 2 of 17
21, PARKING REDUCTION PETITION; AMENDING APPENDIX C OF THE LDR ADDING AN
APPLICATION FEE FOR PARKING REDUCTION PETITIONS; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING
FOR AN EFFECTIVE DATE."
Motion by Council Member MC , seconded by Council Member BJ
to approve the first reading of proposed Ordinance No. 1223.
Ben-good afternoon, we brought this ordnance to you after workshopping this with the planning
board. Staff became aware of this issue by your full time staff. Basically y9ou have some codes
on the books regarding parking reduction and how it can be approved, missing part is a
separate fee. Really we thought there were some changes that were necessary to make this
work a little better for the city. Brought this to you about a year ago, planning board
recommended new app and fee. Council pointed out changes needed to be made, requiring a
parking study to be done for all reductions request. Mainly geared toward to address existing
building use changes, for instance was retail now restaurant, parking requirements may be
higher. Business may not be able to relocate due to parking. More streamlined process,
cheaper, and also be reviewed by trc instead of council because that falls more in line with
what trc does. So jus to start from the top changes, major: because there is no fee listed,
anytime someone requesting a parking reduction without a site plan fee, min charge of $1000.
This is how it has historically been implement. Propose not apply any fee concurrent with site
plan review, plan unit development review. But $250 if its being done all on its own. The existing
code requires parking study for any parking reduction request, propose no study needed unless
administrator requires it. Let's say a larger project wants a parking reduction, this authorizes
admin to require parking study, make in conjunction with other staff if he chooses to. Gives
lead way. The existing code requires approval by council, giving to trc. Planning board
discussed making it a BOA decision, but decided trc better to review request. Some limits in
code of max reduction approved in C and PUD zoning districts, include for residential zoning
districts, and place prohibition for SF homes, MH and duplex request. Of course adding new
section for app requirements and fees. Before I turn it back to you, point out one minor change,
section_2 of the ordinance, there is strikethrough language 90-483 section number and title
need to stay, remain unstricken: New language picks up with no title language.
DW-questions
MC-is there any time that you see there being a problem with parking that should not have to
go to the TRC?
Ben-so what you're getting to is administratively approve
MC-I'm the one who asked about this 5 years ago. Rental properties and change of use
becomes a parking problem. It was 2 fold, problem with uses because we had didn't have a
classification for a dance studio, so they didn't know how to apply parking spots. Once they
decided it was a gym on use, we short one parking spot. When I came to the city, $1000 fee
and go through process. Any9one who has commercial rental properties is going to have use
changes all the time, many times is just determining the amount of parking for use. And I don't
know if it has to go to the trc for that decision
Ben-in some instances staff can make an interpretation. If there are some uses out there that
are coming up pretty often that are not a listed use, amend to add. Caution against to allow
staff to approve admin parking reductions. Something contentious. Staff remain non-political
as possible. Something we can talk about if there is some way to work that in.
MC-second question F. under #4 subject property historic district or historic interest. I don't
think we have any historic districts in Okeechobee. Is there a definition.
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 3 of 17
Ben-no however, this is a list that of criteria that staff can use to make a determination.
Intentionally left it non-concrete in order to provide lead way in review determination. That's the
only thing they're saying, we're historic give us a reduction. Most likely going to be looking at
other criteria. Something else that can be considered din the request. We can bring back a
definition next time. Since you don't have any historic districts plan for future in the code. You
can actually register a structure with the state.
JF-just to address the points you raised, on the TRC and who can make a decision, someone
has to make a decision, one of the benefits of the TRC it's a publicly noticed meeting. If you
are a neighbor, its better. On the historic issue, it's a subjective issue, only other approach,
compile a list of areas or structures in city and that can be quite involved, some want
designation others don't. think the staff position was weighting the pros and cons of those
options. Provide a case by case determination.
MC-think that's part of the problem. We have buildings here from when the mayor was alive,
born, buildings very old. Anyway I think that we obviously know the buildings that were here in
the early 1900s and it was long before it was 4 lanes of 70 & 441, even our building we were
there before DOT right of ways. I think it's important for people who have historic buildings who
don't have parking because of progress. Important to provide a definition at least a certain time
frame
MDO-just because of its age doesn't make it historic, newer building could be iconic. Doesn't
have to be old to be historic.
DW-the more liberal we are with the definition the better for the property owner.
MC-my concern is when its subjective, its subjective to administration to TRC.
Ben-point out language an modify if needed, #4 applicants shall demonstrate...........So you
know I think that language's intent was to use as much of this as possible to demonstrate the
request is justified. Not saying that you automatically get a parking reduction because its
historical.
DW-madam clerk 2"d reading, scriveners' error.
CC-yes
DW-public comments on this. NONE
Mayor Watford Y, Council Members Abney_ABSENT , Clark_Y_, Jarriel Y_,
Keefe Y . Motion Carried.
B. Motion to read proposed Ordinance No. 1224 by title only and set May 18, 2021 as a
final public hearing date regarding Land Development Regulation Amendment
Application No. 21-002-TA (Exhibit 3).
Motion by Council Member BJ , seconded by Council Member MC
to read proposed Ordinance No. 1224 by title only regarding LDR Text Amendment
Application No. 21-002-TA, and set May 18, 2021 as a Final Public Hearing date.
Mayor Watford Y_, Council Members Abney_ABSENT , Clark Y_, Jarriel Y_,
Keefe Y . Motion Carried.
City Attorney Fumero read proposed Ordinance No. 1224 by title only as follows: "AN
ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; ADOPTING THE HOLDING
REZONING PROGRAM, PROVIDING INCENTIVES FOR OWNERS OF PROPERTIES
ZONED HOLDING TO REZONE TO OTHER ZONING DISTRICTS SUPPORTED BY THE
LDR, REDUCING THE APPLICATION FEES AND APPLICATION SUBMITTAL
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 4 of 17
REQUIREMENTS; AMENDING APPENDIX A OF THE LDR ADDING FORM 22, HOLDING
ZONING DISTRICT BOUNDARY CHANGE PETITION; AMENDING APPENDIX C OF THE
LDR ADDING AN APPLICATION FEE FOR REZONING PROPERTY ZONED HOLDING;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE."
Motion by Council Member MC , seconded by Council Member
BK to approve the first reading of proposed Ordinance No. 1224.
Ben-initiative for this came from council as well as planning board. One of the first steps city is
taking to correct map inconsistencies, FLU and zoning map disparities. SF FLU Zoning C, you
also have situations where you have this holding zoning district on the map and there is no
longer any LDR codes that govern this district. There used to be regulations, and those were
removed a few years back by the city. What was put in place was the rural heritage district.
Larger 2 acre lease parcels and give them some of the similar rights under the holding district,
if your property is zoned holding, develop9 the property to get a zoning change that's supported
by city's code. In the interest of rectifying map inconsistencies, and assisting property owners
left with this designation and to help them make those properties easier to develop, sell and
give more flexibility, what the PB is recommending is this ordinance workshop extensively. A
lot of consideration for how this should be handled as this is a tough situation for some property
owners. We had a recommendation but the attorney pointed out a few things that need to be
addressed. Just go over some of the major points. Adding new app requirements and
procedures of the rezoning of holding properties. Now have standard apps and procedures.
This is allowing for reduced requirements and fees, some incentive to take advantage. At the
advice of the attorney, no longer temp program, basically can't just amend the rezoning
requirements without changing the code, can't change for temp basis. The other thing that this
ordinance is official recommendations of rezoning of each property. One of the things we spent
a lot of time with on PB level, looking at surround existing FLU, Zoning designations, patterns,
recommendations included are a result of the study of each property. Exhibit B lists each parcel
by the parcel id. There are a few that we did not feel a recommendation was appropriate. On
the left hand side of the table there is a map ID and map #. Both FLU, Zoning and aerial so you
can identify those properties on the maps easily. Basically 9one of the reasons provided
recommendations, come in as a property owner for a rezoning consistent with the
recommendation, the app requirements are substantially reduced and the city is supportive of
the recommendation. They've already recommended for my property, they should approve it,
money well spent, increase value of property when rezoned. So we've provided those
recommendations and a list which provides a short summary of each map id and describes
what the pattern of land use is and why the city is recommending it. If the property owner comes
in and requests something different, a little more onus to justify the request.
DW-questions
BJ-when you went to a map area, you made a designation on the main usage now?
Ben-yes and predominant pattern of zoning and FLU designations in area and surrounding
properties. Basically did the task of what would be put on the applicant. Normally without this,
they would have to justify its compatible and appropriate for the area.
BJ-less expensive and easier to get that but they can also ask for something else with bigger
requirement
Ben-yes
MC-no longer temporary program, permit application process. Understand the application
process, but the reduction. Clean up all the maps, if we make this a permanent process, we
won't get the owners in to do this. Separate process?
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 5 of 17
JF-couldn't adopt as a resolution, if we do this right, the 55 properties will be phased out. We
can sunset this if successful, if we incentivize the landowners to go through this process. Not
really permanent,
MC-what's the incentive to spend this money?
JF-sunset provision in here if the council would like
MC-25 of these properties are less than an acre. $600 +$25 fees should be lower for these
properties. Like to see fees greatly reduced for those under an acre or not at all.
Ben-we asked staff to provide us rough numbers of what it was costing the city for a rezoning.
Just what it costs to advertise, you're eating up most of your app fee. $850 plus $30 per acre,
consider time staff spends, planning consultant spends, city attorney involved sometimes, it
became clear to us the current fees are already fairly inexpensive. We thought about what a
nice reduction would be but would not put too much onus on the city to eat up the costs of
advertising. Might not even cover ad costs. The city removes the holding district requirements.
Make the argument the city has an argument.
DW-is it a huge problem that we have something that is inconsistent like this age, not a problem
when you start to do something with the property.
Ben-as long as it isn't sold.
DW-like it to be permanent, two acres holding no use for it now, well nothing's going to be done
until I decide to develop it or decide to sell it. So since its not a problem for the city just sitting
there, I don't see why we need to make people do it. I've lived in the same home for 30 years,
it doesn't matter if its holding or not until I die. Like to have permanent because I don't think it
matters.
MC-whole reason to do this is it creates inconsistency
DW-not until you start to do something
MC-neighboring property may be in conflict.
DW-not worried about that, incentive to not do it.
MC-if we wait for every single homeowner to decide, I just think it defeats the purpose.
Ben-there's nothing prohibiting the sale of the property, if the zoning is not supported for the
use, it may not be bought. It just takes a lot of guess work out of the property purchase.
MC-so what's the purpose of us doing this,
Ben-general direction from Council and PB, we need to start addressing these map
inconsistencies. A few years ago, city tried but quite a few property owners questioned and not
trusting process. New approach is putting the control of the process into the property owner so
they could have a little higher level of comfort.
JF-my recollection was make it a fairly user friendly process. Currently holding zoning district,
full blown rezoning, lengthy and costly. Incentivize it to make an easier simpler process was
the goal.
Ben-and more certain
DW-appreciate PB and staff taking the initiative to do that. Quite a lot of incentive for the
property owner.
Ben-that word incentive is the reason to do it
MC-on these small properties, '/4 acre fee is $680 to change zoning, and it doesn't affect it.
Ben-not enough incentive
MC-if we really want to make it an incentive, smaller properties lower costs, larger properties it
is an incentive.
Ben-it is reduced requirements or fees.
MC-probably wouldn't do it any way
Ben-some point in the future they could go back to city initiated rezonings.
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 6 of 17
BK-ben answered my questioned. Are we able to do administrative rezonings, incentive
deadline to make own choice. Have my own rezoning other than what staff has. Cost reduction
and deadline
MC-I don't believe the average homeowner understands this. I don't believe, unless you really
explain it �
Ben-so one thing I forgot to mention, we have letters that are prepared that will be sent out and
explain the situation they're in, the incentives we are providing, the official recommendation of
the rezoning, and hopefully that does what you're worried about there, explain it. Initiation of
conversation with public outreach.
BJ-get the result we are looking for, address at later date.
JF-55 parcel pot cut in half in a few years is a victory.
DW-satisfy
MC-still think the fee should be smaller. I don't think you're going to have an outpour of owners.
Ben-a lot of rezonings are handled by the property owner or they hire an engineer. Taking that
out of the equation is huge.
DW-public comment
David Feltenberger-just wanted to know if it would affect property taxes.
Ben-especially for residential, staying vacant, not likely to increase, there may be a small
change but not typically a lot.
Mayor WatFord Y, Council Members Abney_ABSENT , Clark_Y_, Jarriel_Y_,
Keefe Y . Motion Carried.
C. Consider a Scope and Fee Proposal for the design of the Flagler Park project by Calvin,
Giordano & Associates, Inc. (Exhibit 4).
MDO-Flagler park committee met, where do we start to develop scope. Spoke with CGA
and developed a scope based on the meeting. Very detailed scope, basically an
overview of the existing parks now and the actual construction of the cattlemen's park.
We removed civil, scope developed by board, here's what the committee wants to do
for the first bite, development of the first park is upcoming period. So that's what's up for
discussion.
DW-questions?
BJ-this amount includes the infrastructure for all parts?
MDO-not infrastructure, layout, in-depth structure.
Tammy Cook-I brought a PowerPoint to go through the process.
Dw-im trying to look at the proposed fees, includes the cattle drive sculpture park. Is that
separate on your fee here.
Tammy-its broken down, first doing survey and city hall, tree survey certified arborist,
once we have the base information. Starting master plan, putting that together and
include cattle drive sculpture. Here's the process (reading from slide show). Based on
an accurate survey. Topographical survey doesn't include DOT ROW's. schematic plan
is for all parks. The cattle drive park itself will be taken through design development.
Plans to bid out
DW-so E and F are just for the cattle drive sculpture?
TC-yes. C is for all of the parks.
BK-E and F is specific to cattle drive, purchase order no's A thru D will not be seen
again?
TC-no not see again.
DW-hourly meetings fee
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 7 of 17
BJ-MDO didn't you say some of this stuff we can do.
MDO-We may be able to do electrical house. One item is sticker shock. There are things,
spend our dollars to leverage additional grants so if we have a plan and there is property,
looks a lot more favorable. Discussion of dollars did come up more than once. We are
working on that side. Think we have to put skin in the game for DOT. Leverage when
we apply for grants.
DW-but we still have to spend this.
BJ-small amount, give me a figure. Talking total.
MDO-I didn't go through all of E and F, like in the general overall layouts $1100.
TC-electrical engineering in every phase of the project. Lighting service points, irrigation,
goes through as we do the development. As the concepts come into play, we work
alongside electrical engineer.
DW-have to do an electrical survey, not a lot we can do in house
BK-MDO what is the involvement and points of coordination between Tammy and our
citizen board.
MDO-constant once we get this. Presented at the last meeting. This is how we
developed the scope. Talked about doing workshops for public engagement. Where we
start, cattle drive. Don't want to build park 5 and not look at 1 through 4, analysis of
overall parks is important. Just to add, involve FPDRAC in the decisions.
BJ-something we talked about for a long time, figure shocked me but I think we're at a
point where we continue to better our city and improve parks to be used more. I think
we just have to do it and I'm hoping if we put this money out, we get grant money back.
The last date I heard from the cattlemen sculpture is November.
OKMS Bridgette Waldua-putting the sculpture plan together, OKMS agrees with the
master plan. That's our purpose in vision to make sure downtown is revitalized. The
cattle drive sculpture has been privately funded.
DW-by the end of the year?
MB-COVID shifted everything around slated towards the end of the year.
DW-do you think we can meet that deadline with this.
MDO-we just need to make sure we are on the same page. Those in kind dollars can
leverage grants as well.
MC- to put it all in perspective, '/2 million dollar project.
BK-along the lines of coordinating with oKMS, overall conceptual plan, so that means
everything
TC-cohesive and seamless
MC-going from A through F
TC-committed to 4 weeks of master plan, but master survey first which will take at least
4 weeks.
Kathy Scott-we do have the conceptual plan for the project. We will be providing the
plan to the FPDRAC and Council.
MC-is there any way we can address the BOCC getting involved in this project and
helping us pay for this.
MDO-Denise is on the board and assist us with Grant
DW-it's a city park,
The scope of services to be furnished under this contract includes Landscape Architecture,
Electrical Engineering and Surveying. No civil, structural or geotechnical engineering or
construction phase services are included in this proposal.
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 8 of 17
SCOPE OF WORK: CGA is pleased to provide this proposal for review and approval. We
appreciate the opportunity to serve the City of Okeechobee. The following Scope of Services
is proposed by Calvin, Giordano & Associates, Inc. (CGA) as requested by the City of
Okeechobee. This proposal, when executed, shall be incorporated in and become an integral
part of the Agreement for professional services between the City and CGA, hereafter referred
to as the Agreement.
PROPOSAL ORGANIZATION: Included are the essential and necessary tasks to complete
the desired work. Tasks organized in a task-format and sequenced to illustrate the workflow
upon which they will be executed. All services excluded from this contract are provided at the
end of the document.
1. General Services — Services needed to administer the project and deliver it to the
client. These include general project management services, Quality Assurance and
Quality Controls processes, coordinating with sub-consultants, etc.
2. Foundation Data-Collection Phase - Collecting all necessary background and
foundational data needed to provide the services and generate a design. This phase
shall also include tree valuations by a Certified Arborist for the existing trees at the
City Hall site and all of the Flagler Parks.
3. Visioning Master Plan & Park Conceptual Design Phase — Working closely with
City Staff (specifically those responsible for steering and guiding the design and
development decisions), CGA will develop a conceptual design for the collection of
parks and a vision for their inter-relationship to the business district and frontages to
their south. This will be comprised 2 components:
a. A Visioning Master Plan: The development of a vision for the entire area,
incorporating previously adopted design visions and recommendations for design
that could positively impact the economic sustainability of the business district
and commercial corridor as a destination that will feel seamless with the parks
system. This will include the areas between SW 7th Avenue and SE 3rd Ave and
from the southern right-of-way line of SW and SE Park Street to the southern
right-of-way line of SR70. While this will exclude any impacts to the FDOT
ROW's, it will include streetscape design considerations for SW and SE Park
Street and also the North/South roads which bisect each park block, excluding
South Parrott Avenue;
b. Cattle Drive Park - Conceptual Design Phase: Specific to the urban block
between SW 6th and SW 5th Avenues, the conceptual design will identify the
size, location and metrics of the many components that need to be included. The
basis of design for the conceptual plan will the pre-concept sketches provided by
the Okeechobee Arts Alliance. The objective of the conceptual plan will be to
adapt the vision's layout to scale on a surveyed base, identifying the
programming and uses of the future amenities, and developing them further.
All subsequent tasks beyond this point will be limited to the specific design of the
urban block between SW6th and SW 5th Avenues.
4. Cattle Drive Park - Schematic Design Phase — Based on the approvals and
directives of the Conceptual Design, CGA will further develop the design under Staff
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 9 of 17
direction to the point that it meets the criteria for submission to the City for site plan
approval for the specific urban block in question.
5. Public Outreach Process — Once the schematic design is approved by City, CGA
will engage in a public engagement process comprised of an open-house meeting.
For purposes of estimating the cost of the investment, we are assuming that the
same graphic and illustrative materials that will be utilized to obtain the approval by
the City will suffice for the public engagement process. We are also assuming that
the public outreach process will be limited to communicating to the community the
decision of the Commission and to describe in detail what has been approved as a
directive.
6. Cattle Drive Park - Design Development Phase — Development of construction
plans and detailing to a level of completion consistent with 60% up to a 90%
completion of the final construction plans. This phase will require the sign-off and
approval at both the 60% and 90% completion levels by City Staff. Sign-off will serve
to memorialize consistency with the design intent.
7. Cattle Drive Park - Biddable Documents Preparation Phase — Development of
construction plans, construction detailing, and specifications beyond the 90%
completion level to 100% completion level and the preparation of technical
specifications, where needed, to provide to the City in preparation of the City's
bidding process.
8. Cattle Drive Park - Final Bid Construction Documents Phase — Development of
construction plans, construction detailing, and specifications beyond the 90%
completion level to 100% completion level and the preparation of technical
specifications, where needed, to provide to the City in preparation of the City's
bidding process.
Motion by Council Member BJ , seconded by Council Member BK
to approve Proposal No. 20-4018.1 in the amount of $93,180.00 for the design of the
Flagler Park Project by Calvin, Giordano & Associates, Inc.
MC-don't we only have $40,000 set aside for this,
MDO-budget amendment includes this
BK-MDO I know we were approve for and received assistance comp fl partnership grant
apps open again. Can we tap into this again?
MDO-leave no stone unturned.
Mayor Watford N_, Council Members Abney_ABSENT , Clark Y_, Jarriel Y_,
Keefe Y . Motion Carried.
D. Consider settlement of a Final Judgment entered in City of Okeechobee v. Marvin W.
Brantley; Case No. 2004 CA 309 related to real property located at 1905 S. Parrott
Avenue, Okeechobee, Florida 34974.
JF-the Brantley matter is going to auction. We were contacted by the family a week ago, they
have offered to settle the case under the terms contained in the court order, terms include
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 10 of 17
payment of civil penalties staff cost, attorney fees, approximately 24,0000 today. To be
perFectly honest with you, spoken with people who have been around for many years. The
Brantley's have been on the CE's radar for a prolonged period of time. The individual we are
dealing with now is the son. He has made some representations about change in control over
property, no concrete assurance of that happening. Both are signing the agreement. The law
provides, it does allow the landowner to satisfy the judgment prior to auction. They are
exercising their right. Drafting a settlement agreement with auto penalties, non-compliance,
notice of violation, nte $500 per day.
DW if we agree to this, are they out of the circuit court case?
JF-correct
DW-but we are writing in a stipulation, $500 per day immediately. Starting all over again. Any
questions of the attorney?
BK-just for clarification, they have the right to satisfy the court judgement and included post
judgement fees.
JF-that's actually still ticking
BK-so we can't say we don't want the cycle to start over again
DW-we don't have to go thru the CE process
BJ-don't have a choice.
JF_the case will be handled differently and more aggressively.
Motion by Council Member MC , seconded by Council Member BJ
to approve a settlement of Final Judgement entered in City of Okeechobee v. Marvin W.
Brantley, Case No. 2004 CA 309 related to real property located at 1905 South Parrott
Avenue, Okeechobee.
Mayor Watford Y, Council Members Abney_ABSENT , Clark_Y_, Jarriel Y ,
Keefe Y . Motion Carried.
E. Consider settlement proposal in the case of City of Okeechobee Florida v. Okeechobee
Park Street, LLC, Case No. 17-404, Walgreens parcel (Exhibit 5).
Bob-old case lien on walgreens for non-compliance, no luck on getting them to
settle the lien, attorney sent a demand letter. 75% of lien plus attorney's fees.
JF-finally got through to walgreens corporate
Motion by Council Member MC , seconded by Council Member BJ
to approve a settlement in the amount of $9,922.00 in the case of City of Okeechobee v.
Okeechobee Park Street, LLC [Walgreens], Code Enforcement Case No. 17-404.
The Special Magistrate entered a Lien/Order against this property in Case Number 17-040 on
January 11, 2018, as a result of violations of Sections 30-43 and 30-44 of the City's Code of
Ordinances. The City provided the 90 day notice letter to the property owner, Okeechobee
Park Street, LLC on or about August 30, 2018. The Lien has continued to accrue daily fines of
$50.00. The City provided a demand notice letter to the property owner, Okeechobee Park
Street, LLC on or about February 17, 2021. The property owner has offered to settle the case
and pay $9,920.00, to be immediately. This amount covers all of the City attorney's fee and
costs plus seventy-five percent of the lien amount. Staff recommends acceptance of this
settlement offer.
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 11 of 17
Mayor Watford Y, Council Members Abney_ABSENT , Clark_Y_, Jarriel_Y ,
Keefe Y . Motion Carried.
F. Consider Special Magistrate's Recommendation against 311 NE 2nd Street owned by
Bella Rose Day Spa, Case No. 200312003 (Exhibit 6).
Don Dutton-attorney
DW-we cannot rehear this case.
JF-appellate proceeding, will�not take factual testimony
DD-known him for quite some time, grew up in town like this. I've reviewed this file, but
all due respect, the magistrate was not given a full and fair account of what was provided
here. Disconnect with personnel. Like the council to keep in mind, Mr. Rose is an active
commercial business, every morning deliveries are made, coincidentally that's when all
the pictures were taken. By the end of the day, all stuff is removed. Council needs to be
aware. All through the summer months this happened. What I can tell you, each and
every time he received a notice, he went to the office to speak with staff. Spoke with
Melissa Close, after receipt of Sep. 2020 letter. She visited the site with him. Melissa
ensured him he was in compliance. Erect a fence, code officials past a doubt, formal
lien notice on 9-28-20. Fence permit taken out the very day he spoke to Melissa close,
corroborates this. Unfortunately she left the city. Here's the permit, fence has been built,
conceals material. Recently no pictures in the file post 9-21-20. All pictures are in
previous months. So what we have here is judgmental reliance. Relied on what he was
told. Can't be penalized, Herb Smith didn't testify, if asked he would tell you he always
came into compliance. These violations are not a fixed item, what we have are snap
shots in time, packing and debris every time in the morning when business is going on.
No pictures of continuous static condition. Hired a FT employee since Sept4ember.
There has been a FT employee keeping that property into compliance. So all that said,
what is the justification for the fines, no evidence its continuing or existed every day, no
pictures of him being in non-compliance during the times. 162.21 18-75 provides a
maximum civil penalty of $500. Don't think basis arbitrarily fines. Herb can corroborate
this. Under the circumstances, asking for a complete waiver.
JF-so that we are all on the same page, so the one0time occurrence of the boxes.
DD-he has....
JF-more than one company operating here.
DD-spa
JF-storage, spa, construction
DD he has storage capabilities on his property
JF-what storage?
DW before we get too far along on this, clarification what are options are here tonight.
We've been told in the past is to accept or not-accept, if we don't it goes back to the full
fine. We don't have the option to modify his recommendation.
JF-yes sir
DW-do we have a third option to send it back to the magistrate
DD-suggest as an alternative.
JF-Mayor you are correct, you could refer it to magistrate to consider supplemental
evidence if it exists. He's already considered this twice. March 9, 2021. Remand it, don't
know what else can do.
DW-represent mr rose at the hearing
DD-no
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 12 of 17
DW-so we have the option to accept, not accept or send back to magistrate which will
give him the opportunity to argue. We haven't heard the evidence.
JF-not a quasi-judicial proceeding. If it goes back to the magistrate, not reconsider the
entire matter only to hear additional evidence.
DD-did not have anyone testify on his behalf
JF-5 return receipts didn't know it was evidentiary hearing
DD-not for the Mar. 9th hearing. There is documentation.
DW-it wasn't presented at the hearing?
DD-no
DW-bring it up here for discussion
BJ-when we hired the magistrate, we did away with the board, I don't think it should
come back to the council to approve it. Don't know why we're adding an extra step to
the magistrate. I don't think this is a council's decision.
JF-will be addressed
BK-like to say, all due respect to the current issue at hand, and those being represented,
the third option is new to us tonight and I'll admit there's been previous reductions we've
approved that I would gladly have sent back to the magistrate. So but I haven't had the
3�d option in the past 2.5 years, don't think it would be fair.
DW-don't think we've ever been asked to send one back
In March 2020 the City provided the property owner with a Notice of Violation of Sections 30-
43 and 30-44 of the City's Code of Ordinances. The City provided several additional notices
after that. In August 2020, after proper notice, the Special Magistrate held a hearing and
entered a Lien/Order against this property. The City inspected the property 8 times in 12
months and the property ultimately came into compliance on March 9, 2021. Pursuant to the
Lien/Order, fines have accrued in the amount of $14,600.
The Special Magistrate considered the property owner's fine reduction request at a hearing on
March 9, 2021. Based on the evidence presented at the hearing and testimony of the property
owner and City staff, the Special Magistrate has issued a report and recommendation that a
fifty percent (50%) reduction of the total fine of $14,600 plus all previously assessed
administrative fees "is more than reasonable and fair and that such reduction is in the best
interest of the City of Okeechobee." The Magistrate also recommended that the property
owner should arrange a payment plan to pay the fines and fees within a reasonable time. Staff
recommends that Council approve the Special Magistrate recommendation.
Motion by Council Member MC , seconded by Council Member BJ
to approve the Code Enforcement Special Magistrate recommended fine reduction [to
50-percent of the accumulated fines of $14,600.00 together with applicable
administrative fees] for Code Enforcement Case No. 200312003, Bella Rose Day Spa,
311 Northeast 2"d Street, from $14,600.00 to $.
Mayor Watford N_, Council Members Abney_ABSENT , Clark_Y_, Jarriel_Y_,
Keefe Y . Motion Carried.
Bill Rose-thing is that its sad the city is raising money off of this, Melissa said you were
in compliance, be awesome if you put the fence up, pulled the permit, put the fence up,
ambush here, magistrate was blindsided, chance to prepare.
DW-sir I voted against it.
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 13 of 17
Bill-look at facts instead of what's on the piece of paper. Melissa didn't do her job and
I'm being penalized. Ask herb, I have hired a full time guy and did everything I could,
business draws pe9ople in, come in time of covid, shut our doors for 6 weeks, and we
still are bringing business here. Everybody should d look at all the evidence, people go
to prison unjustly, still do not agree, totally wrong.
DW-one other question, appeal process through circuit court
MC-we have a procedure here, we've been instructed that all of the facts of the case go
before the magistrate, you as an individual can, we have a magistrate and a process in
place, we have to follow that process, what bobby said, we've had cases upon cases in
the last year come before us and we had to decide based on the magistrate's
recommendation and not entertaining any new facts or evidence. That's not our job.
Darla ROSE-CHARGE WHEN THERE IS NO EVIDENE OF WRONGDOING.
MC-thaYs what needs to be brought in front of the magistrate.
G. Approve fiscal year 2020-2021 budget adjustments (Exhibit 7).
New exhibit provided at place seating. Two replacement pages (23 & 26).
753 recessed, 800 PM
IR-at your place settings are the replacement pages, during the formulation process didn't
formulate correctly. The actual budget amendments. First page is budget summary page. As
this is the summary, the specifics are in the pages going forward. Did do some analysis of the
revenues, tweaked them on page 3.
General Fund
Revenues increased $12,493.00; transfers in from Capital increased $418,404.00;
Expenditures increased a total of $430,897.00; Legislative $3,950.00 (MacVicar Consulting
$1750.00, CCRAC & FPDRAC emails $2200.00); City Clerk $20,000.00 (Special Election);
Legal Counsel $50,000.00 (Code Enforcement); General Services $4,300.00 (eScribe); Law
Enforcement $56,308.00 (Code Enforcement salary changes, Officer overtime, upgrade of
Spillman Software); Fire Protection $291,339.00 (anticipated separation costs/contract costs);
Road & Street Facility $5,000.00 (Parks Repairs & Maintenance).
MC-legal fees we receive back — do they go back into the department, revenues or general
fund
IR-it hasn't been set
MC-isn't part of the computer equipment is being used throughout the city.
BP-update for the spillman system for the required updates.
Public Facilities Improvement Fund
Expenditures increased $10,000 to accommodate additional cost for SE 3rd Ave
Capital Improvement Proiects Fund
Purchases increased $148,100.00 (Landscape Designer $94,000.00, appraisal for industrial
lots $3,500.00, BIS Equipment upgrade $3,600.00, tree program $13,000.00, Park Wi-Fi
Implementation $34,000.00 covered by CARES).
Motion by Council Member MC , seconded by Council Member
BK to approve the [mid-year] Fiscal Year 2020-21 budget amendment.
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 14 of 17
Mayor Watford Y, Council Members Abney_ABSENT , Clark_Y_, Jarriel_Y ,
Keefe Y . Motion Carried.
H. Update regarding Fire transition provided by Fire Chief Smith (Exhibit 8).
Herb-brief update, few items to go over, clarify with attorney. Daily operations of our
station, just to let you know that we have continued meeting with fire rescue with training,
physicals in April, sometime in May redoing background and dl checks, offering formally
positions for guys that our eligible, fit tests for masks and breathing apparatus. They are
also doing gear sizes and uniform sizes. Most of our vehicles are in service and in tack
right now. Ladder truck is in Ft. Myers waiting on ladder testing company to test on site.
We're looking forward to getting that back. Complete our vehicles and equipment that
we have. We still have county pre-empt stuff. Paramedic classes go, getting down to
crunch time on this. Referring back to section 5 of the ILA, trying to go over exhibit a
talking about 7 personnel, anyway out of the 7, Mr. Weeks is priority 2 eligible to be
hired, 2 eligible deadline May 1, Mr. Bohn, One failed first test in April, cannot schedule
for 15 days, puts them into May. They've dropped down to the temp spot, gets a little bit
rough, LT Crum took his today, 24.48 hrs to get results. 2 others to take test by end of
month. Only foresee one not taking the test this month. Worst case scenario, bumping
is going to happen. Hoping because of May 1 deadline, indicated they want to hire, my
concern technically as of May 1, not certified there's no guarantee for a job. Are you
going to hire the paramedics who can take a second chance at it. June 1St deadline, not
a medic, hoping influence BOCC to make sure they are given the 30 days to get the
second test in if they fail the first one.
MDO-chief franklin did extend that basic gentleman's agreement to June 1St. did appear
they would accept that.
HS-no indication they wouldn't, on paper, verbal doesn't mean a whole lot.
JF-this does have to go to the BOCC for amendment. If the BOCC and Council agree,
don't think it's a problem
DW-so who's going to ask the BOCC
JF-perhaps maybe Mayor to Chair phone call would jump start
DW-ok
JF-ok you're saying if we extend it to June 1St, good shot
HS-gives them 2 shots at the exam
MC-how many of the 7?
HS-one certified, one has passed, four more, one has failed, will have to take in May,
Benet, Crum, Rodriguez to take exam in April
JF-will there be people taking the 3 temp slots?
HS-if it were to happen right now as of May 1, Gratton Hodges Cortez would be plugged
in.
MDO-if there's another one or two that doesn't pass, that bumps
HS-thaYs the problem, added pressure on guys, Cortez is upset because he's dropped
down
DW-we will try to make that June 1. We will discuss with the County
MC-are you sure the other two are taking the test in April
HS-not sure about Lalo. Has not finished the IRSC final exam
DW-he's aware of that.
HS-yes
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 15 of 17
I. Consider changing the time of the May 4, 2021 meeting due to the Special City Election.
DW-suggestion maybe meet in the afternoon on that day
CC-yes sir, we've met around 2PM or we can change it to the next day. Cannot do
Thursday because of canvassing board.
DW-May 4@ 2pm of May 5 in the evening
MC-Wed Evening
DW-I would too, May 5t" at 6PM
J. Review and provide direction on proposed changes to annual performance evaluations.
THIS ITEM WAS DEFERRED TO THE NEXT MEETING
K. Discuss Police Chief Peterson's retirement and options for filling the position (Exhibit 9).
Bob-had conversations over the past year, good criteria, got to get up, making a difference,
and staff support. 3 months ago, went in for a physical at 60, within the month I'm sitting
over at lawn wood getting stints in my heart. I never expected that. Changed my
viewpoint, scared me, changed outlook on future. Don't want to be the guy who retires
and 6 months later you're burying me. I need to leave the dept in good hands. Part of
my job is to run the dept and to make sure when I leave I can present to the Council
more than one person that can do the job. We have that here with Major Hagan, he's
been with me everywhere, involved in all decisions, the reason we do that is because
it's important in our dept. No. 1 criteria is you're from Okeechobee. We don't offer just
employment, career with a pension and benefits and if we don't everything in our power
to provide our local taxpayers with a job then we're failing them. You have to earn higher
ranks, work your way up. Not fair to do that and give the top job to someone from out of
town. We don't have the logistics here, education is a big deal, people tend to look at
these types of positions, they want college degrees, but our staff will never be able to
get master's degrees, bigger departments pay their people to do that. If that's going to
be the criteria, we will never hire a local police chief. Our staff has earned the right, he's
put in 25 years, and he's earned the right. Easy decision is he's quite capable, it's been
a team effort. There's a bunch of different colleges, then there is a school of hard knocks.
I recommend the council make a motion to accept my retirement. Asking we change the
major's title temporarily to assistant chief. The next 4 months I'll be in and out. Shoulder
surgery, use or lose time I have to take. My recommendation is change his title, let him
start phasing in and taking over, and as of Sep. 1 the council will hopefully appoint him
as chief of police.
DW-thank you chief. Couple decisions to make.
BK-make a motion to accept his retirement effective 9/1/21; second by BJ no discussion
Motion carried unanimously.
DW-discuss how we want to fill that position. Can we appoint an assistant chief.
CC-yes you can, and it's been done in the past.
BJ-motion to appoint major as asst chief, mc 2"a.
DW-assume before 9/1 to make him police chief.
CC-yes and we would need to address his salary also
BP-only non-dept head position that is salary.
BK-titles are titles but so in reading the clerk's memo, she alluded to the Fire Chief was a
battalion chief, why is it necessary to change the title?
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 16 of 17
BP-responsibility behind the title
BK-billet title
BP-psychological thing, sends a message to staff. Hey work hard. Send a message that if they
continue to work hard, eventually council will award them if they're capable. Asst Chief implies
he's the Chief. Major title doesn't come with that.
DW-it sends the message that we won't be doing advertising and interviews.
DH-all I can say is that I won't disappoint you, I've been telling people I've been asst. chief for
a while because the public doesn't understand rank. Appreciate vote of confidence. Long time
since a chief was born and raised here.
Motion carried unanimously.
VII. CITY ATTORNEY UPDATE
No update
VIII. CITY ADMINISTRATOR UPDATE
MDO-let everyone know working on SW 5th ave between 18t" and 21St. area by school board
and admin building no cones, we are addressing concerns on se 8th project, concerns with rain,
working with contractor to alleviate. Escribe encoder is here, just got confirmation on when and
how we plug it in. the other big one, Yesica is back. Patty is extremely happy to have help. With
that we have ADA ramps going in with ramp. Beautification program waiting on that, news put
it on site.
IX. COUNCIL COMMENTS
MC-TDC and I was going to ask if we could have dog baggy stations with receptacles at our
parks. DA-we can. MC-I was at lock 7 and stopped with their dogs. DA-we are definitely put
them in. MDO-take to FPDRAC.
BK-want to bring back up historic district, 2015 on PB and we had workshops on creating
historic district. It needs to be established. We would have a definition of that for those
purposes. Looking forward to obtaining primitive Baptist church property. Property has plenty
of room for basketball court and playground. DW-don't' have an update. MDO-call the question
on two year old tax deed. We need more parks for these young folks.
BJ-glad Jennifer finally cleaned up her yard. Its election year, May 4 and we've had 4
candidates working their butts off. Promote voting. I'm afraid of a low turnout and its not fair to
the 4 candidates. Commend you. Not popular with Fire Dept issue, thank the FD at the last
meeting in May and honor them somehow. Think we should do that.
DW-approach subject with Chief, may be some push back.
X. The meeting was adjourned at 8:49 P.M.
B. Jenkins Handwritten Minutes, April 20, 2021 Regular Meeting, Page 17 of 17