2021-08-03 Approved Minutes160
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I�ITY OF OKEECHOBEE, FLORIDA
AUGUST 3, 2021, REGULAR CITY COUNCIL
MEETING MINUTES
I. CALL TO ORDER
Mayor Watford called tl�e regular meeting of the Gity Council for the City of Okeechobee
to order on Tuesday, August 3, 2021, at 6:00 P.M. in the Council Chambers, located at
55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The invocation was offered
by Mayor Watford, followed by the Pledge of Allegiance led by Council Member Keefe.
II. ATTENDANCE
Roll was taken by City �Clerk Lane Gamiotea to establish a quorum. Members present:
Mayor powling R. Watford, Jr., Council Members Noel Chandler, Monica Clark, and
Bobby Keefe. Council I��ember Bob Jarriel was absent.
III. AGENDA AND PUBLI(; COMMENTS
A. Mayor Watford asked whether there were any agenda items to be added,
deferred, or withdrawn; there were none.
B.
�
Motion by Cour�cil Member Clark, seconded by Council Member Keefe to
approve the agenda as presented. Motion Carried Unanimously.
There were no comment cards submitted for public participation.
IV. PRESENTATIONS AN� PROCLAMATIONS
A. Mr. Chad Troutman was recognized by Mayor Watford and Police Chief Peterson
for his years of :service and specifically for his exclamatory work as the City's
member of the Jc�int Drug Task Force over the last five years. He was presented
with an engrave� crystal mantel clock and a framed certificate which read "In
recognition of your 15-years of service, hard work, and dedication to the City, its
citizens, and your fellow employees from August 2, 2006, through August 2,
2021.°
V. CONSENT AGENDA
Motion by Council Member Keefe, seconded by Council Member Clark to approve
consent agenda item A[minutes of the regular meetings held June 1, 2021, and July 6,
2021, as presented]; item B[June 2021 Warrant Register in the amounts: General Fund
$662,025.06, Public Fac;ilities Improvement Fund $51,080.62, and Capital Improvement
Projects Fund $24,429.�43 as presented]. Motion Carried Unanimously.
VI. MAYOR WATFORD Of'ENED THE PUBLIC HEARING AT 6:09 P.M.
A. Motion by Council Member Keefe, seconded by Council Member Chandler to
read proposed Ordinance No. 1229 by title only, amending the Firefighters
Pension Fund [as presented in Exhibit 1]. Nlotion Carried Unanimously.
City Attorney Furnero read proposed Ordinance No. 1229 by title only as follows:
"AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND
RESTATING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS'
PENSION FUND, ADOPTED PURSUANT TO ORDINANCE 889, AS
SUBSEQUENTLY AMENDED; PROVIDIN�G FOR CODIFICATION; PROVIDING
FOR SEVERABfLITY OF PROVISIONS; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE."
Council Member Chandler moved to adopt proposed Ordinance No. 1229,
seconded by Council Member Clark. There were no public comments or
questions. Glerk Gamiotea noted for the record the proposed Ordinance and
Actuary Impact Statement were emailed to the required State Retirement Offices,
confirmed it was received, and no comments or objections have been received
to date. [This arriendment reflects the provisions of the August 2, 2021, merger
with OkeechobeE: County to provide fire services within the City. From this date
forward new mernbers cannot be added to the Plan, only current members who
elect to remain. �dditional changes provide for Board of Trustee seats to be held
by either retired �or active firefighters who remain a member of the Plan, as well
as updates due to recent changes to the Internal Revenue Code.
AUGUST 3, 2021, CITY COUNCIL MINUTES, PAGE 1 OF 5
161
VI. PUBLIC HEARING CO�NTINUED
A. CONTINUED: Summary of Impact Statement Findings: the required employer
contribution amc�unt fior firefighters for Fiscal Year ending September 20, 2022,
decreased by $22,686.00; the Unfunded Actuarial Accrued Liability for
Firefighters increased by $268,575.00; the Funded Ratio of the System
decreased from 122.7 to 114.8 percent]. M�tion Carried Unanimously.
MAYOR WATFORD CLOSED THE PUBLIC HEi4RING AT 6:11 P.M.
VII. NEW BUSINESS
A. Motion by Council Member Clark, seconded by Council Member Chandlerto read
by title only, proposed Ordinance No. 1231, Right-of-Way Abandonment Petition
No. 21-001-AC submitted by JKST Holdings, LLC, to close the East to West alley
in Block 110, CIT�Y OF OKEECHOBEE, Plat Book 5, Page 5 Okeechobee County
public records [as presented in Exhibit 2]. �Vlotion CarrBed Unanimously.
City Attorney Fumero read proposed Ordinance No. 1231 by title only as follows:
"AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING
AND ABANDONING CERTAIN RIGHTS-OF-WAY BEING AN UNIMPROVED
PORTION OF AN ALLEYWAY LYING WITHIN BLOCK 110, CITY OF
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY,
FLORIDA (PETITION NO. 21-001-AC); RESERVING UNTO THE CITY, ITS
SUCCESSORS �4ND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC
UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE
ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT
COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DA"fE."
Council Member Chandler moved to approve the first reading of proposed
Ordinance No. 1231 and set September 7, 2021, as a final public hearing date;
seconded by Council Member Clark.
City Planning Consultant Ben Smith provided the Staff Report combined with the
recommendation to approve the request from both the Technical Review
Committee and the Planning Board. However, this Petition and the one
addressed in Item B, Ordinance No. 1232 v�ere already in progress when the City
Council denied adopting Ordinance No.'s 1225, 1226, 1227, and 1228 which
would have recl��ssified the property within Blocks 110 and 121 as Multi-Family
Residential on the Future Land Use Map and rezoned them to Residential
Multiple Family. � he objective was to vacate the alleyways once the land use and
zoning was completed, to provide a better design rather than splitting the two
blocks in half. Mr. Steve Dobbs addressed the Council on behalf of the applicant,
requesting the final public hearing be continued until after the Council considers
Item F on tonight's agenda.
Motion by Council Member Keefe, secanded by Council Clark to lay New
Business Items A and B on the table until Item F is considered. Motion Carried
Unanimously.
F. The Council agr�ed to consider Item F ai this time, which was to discuss the
process for the property owners of Block 110 [located in the 200 block along
Northeast 4th StrPet] and Block 121 [located in the 200 block along Northeast 3�a
Street] to resubrnit a Comprehensive Plan Small Scale Future Land Use Map
Amendment Application and Rezoning Petition.
Mr. Steve Dobbs and Mr. Phil Berger presented their case on behalf of the new
property owner, Mr. Frank Stephens for th� City to administratively correct the
Future Land Use and/or the Zoning maps for these two blocks to be consistent
as required to develop them. Mr. Stephens also addressed the Council explaining
his intentions to develop these blocks, which are located one block East of North
Parrott Avenue.
AUGUST �, 2021, CITY COUNCIL MINUTES, PAGE 2 OF 5
162
VII. NEW BUSINESS CONTINUED.
F. CONTINUED: His original development was for apartments, but since that was
rejected he is rec�uesting the Lots be rezoned to Heavy Commercial (CHV) [from
Light Commercial on Block 110 and from Residential Single Family-One on Block
121, the Future Land Use is already Commercial]. Planner Smith and Attorney
Fumero advised that the City Council cannot administratively redesignate the
Future Land Us� nor Rezone property due to Florida Statutes requiring a specific
process based on who is requesting the change. However, there could be a City
initiated rezoning with the City assuming all costs, meaning the fee to process
the petition would not be paid by the applicant.
Motion by Council Member Keefe, seconded by Council Member Chandler to task
Staff with the initiation of a rezoning to CI-IV for Blocks 110 and 121, CITY OF
OKEECHOBEE, as recorded in Plat Book 5, Page 5, Okeechobee County public
records. Motion Carried Unanimously.
A. The Council then went back to readdress item A. Motion and second by Council
Members Keefe and Clark to remove New Business Items A and B from the table.
Motion Carried Unanimously. Based on the action taken on Item F, the public
hearing for propc�sed Ordinance No. 1231 cannot be set for September 7, 2021,
and will need to be held after the final adoption of the City initiated rezoning
petition.
Council Member Keefe moved to amend the motion on floor, approving the first
reading of proposed Ordinance No. 1231 and set September 7, 2021, as a final
public hearing d�te to postpone the final public hearing date to be held after
the rezoning firaal public hearing date for Blocks 110 and 121; seconded by
Council Member Clark. Motion To Amend Carried Unanimously. There being
no further discussion, Motion As Amended Carried Unanimously.
B. Motion by Council Member Chandler, seconded by Council Member Keefe to
read by title onl�y, proposed Ordinance No. 1232, Right-of-Way Abandonment
Petition No. 21-002-AC submitted by Shaun and Desiree Penrod, to close the
East to West allE�y in Block 121, CITY OF OKEECH013EE, Plat Book 5, Page 5
Okeechobee County public records [as presented in Exhibit 3]. Motion Carried
Unanimously.
City Attorney Furnero read proposed Ordinance No. 1232 by title only as follows:
"AN ORDINANGE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING
AND ABANDONING CERTAIN RIGHTS-OF-WAY BEING AN UNIMPROVED
PORTION OF AN ALLEYWAY LYING WITHIN BLOCK 121, CITY OF
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY,
FLORIDA (PETITION NO. 21-002-AC); RESERVING UNTO THE CITY, ITS
SUCCESSORS �4ND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC
UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE
ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT
COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR
CONFLICT; PF:OVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE."
Council Member Keefe moved to approve the first reading of proposed Ordinance
No. 1232 and se�t the final public hearing date to be after the rezoning final
public hearing date for Blocks 110 and 121; seconded by Council Member
Chandler. Motioin Carried Unanimously.
C. Council Member Chandler moved to approve a proposal [No. P 4142] with Craig
A. Smith and Associates to provide professional engineering services [in the
amount of $14,300.00] for a modification to the South Florida Water Management
District Permit for the City Commerce Center; seconded by Council Member
Keefe [as presented in Exhibit 4]. Motion Carried Unanimously.
D. Mrs. Bobbi Poole submitted a request to discuss shower facilities for the
homeless. Due to her absence this item was not discussed.
AUGUST ;S, 2021, CITY COUNCIL MINUTES, PAGE 3 OF 5
163
VII. NEW BUSINESS CONTINUED.
E. Interim Administrator Ritter requested a presentation of the scope and design of
Cattlemen's Square in Flagler Park be provided by the Landscape Architect,
Calvin, Giordar�o, and Associates (CGA). Mr. Gianno Feoli, Director of
Landscape Urba.nism and Design for CGA provided a 54-slide presentation with
3-D renderings which have been considered and discussed in detail over several
meetings with the Flagler Park Design Review Advisory Committee (FPDRAC).
The design bud<�et projections provide for demolition and site preparation, new
concrete walkways, brick paver and flagstone areas, sculpture foundations,
boulders, six ber�ches, three picnic tables, fencing, a ranch entrance from South
Park Street, 15 �culpture signs, lighting throughout the landscaping, sculptures
and walkways, plantings, sod, and irrigation, with the idea that long-term
durability with low maintenance be priority when considering materials. The main
reason for the pi�esentation was to obtain budgetary guidance from the Council.
Page 55 of the presentation listed the breakdown of the proposed $1,169,391.94
budget for this k�lock/park [as presented in Exhibit 6]. The Council was clearly
taken aback witf i the proposed costs based on statements made that the design
was too elaborate.
The reason for ��eginning the Cattlemen's Square is this block/park was already
approved for OkE.echobee Main Street (OKMS) to install their art project featuring
a life-size cattle� drive that has been funded by local ranchers and private
donations. Mrs. E3ridgette Waldau, OKMS Culture and Alliance Committee Chair,
cautioned the Gouncil on further delaying the project. The outcome of the
discussion was that Interim Administrator Ritter would meet with
representatives of OKMS and CGA to scale back the design for this block
with the unders�tanding that the sculptures be installed properly once they
are shipped, an�d that additional amenities may be added as necessary or
when additiona�l funding/grants provide for them. The revised plan and
budget will be resubmitted to the FPDR�4C and City Council.
FPDRAC Memh�ers Tewksbury and Scott were present and conveyed their
concerns over the costs versus wanting to create a design within Flagler Park
that would draw �people to the downtown area, stimulate economic development,
and be low maintenance yet high quality to last many years. The discussion
touched on the p�rception of who would be funding the revitalization of FLAGLER
PARK once the rnaster plan was adopted. Et was made clear by the Council that
multiple resourcEs and funding would be needed to see the project to fruition.
G. Council Member Clark moved to approve to adjust the final cost of [Bid No. PW
05-10-09-20 awarded to CW Roberts Contracting, Inc. for] Southeast 3rd Avenue
paving not to exceed $7,248.00 bringing the total completed cost from $139,
848.50 to $147,096.50 [as presented in Exhibit 7]; seconded by Council Member
Keefe. Motion Carried Unanimously.
H. Motion by Couricil Member Keefe, seconded by Council Member Clark to
approve to adjust the final cost of [Bid No. PW 01-10-11-20 awarded to
Excavation Poini:, Inc, for] Southeast 6th Street paving not to exceed $4,413.61
bringing the total completed cost from $38,924.00 to $43,337.61 [as presented in
Exhibit 8]. Motion Carried Unanimously.
I. Council Member Keefe moved to approve the designation of India Riedel as the
City's Represeni:ative and Board Member and Gary Ritter as Alternate to the
Public Risk Management Property and Casualty Insurance Trust pursuant to the
requirements of Article 6.1 of the Bylaws [as presented in Exhibit 9]; seconded
by Council Member Clark. Motion Carried Unanimously.
J. Motion by Council Member Keefe, seconded by Council Member Chandler to
appoint Mayor Watford and Council Member Clark to the Okeechobee Utility
Authority (OUA) 'Work Group. Motion Carried Unanimously.
K. Council Member Keefe moved to approve disposal of Fire Department equipment
as listed and presented in Exhibit 10 [based on the provisions in the Agreement
with Okeechobe� County for Fire Services in the City]; seconded by Council
Member Chandler. Motion Carried Unanirr�ously.
AUGUST 3, 2021, CITY COUNCIL MINUTES, PAGE 4 OF 5
,,i
VIII. CITY ATTORNEY UPD�ATE
City Attorney Fumero provided an update on the Kemp Properties and South Florida
BBQ Code Enforcemerat Cases as well as reporting on the implementation of a tracking
system by Code Enforcement Staff.
IX. CITY ADMINISTRATOR UPDATE
Interim Administrator R.itter conveyed his gratitude to City Staff for consistently going
above and beyond to assist the public. Both the Charter Review Committee and
Planning Boards have requested joint workshops with the City Council of which he will
be arranging once the budget is adopted. The City received four responses for the
Engineering Services Requests For Qualifications. Those will be forthcoming after
review and ranking is a�mplete.
X. COUNCIL COMMENT;i
Council Member Chandler cautioned amending the OUA Interlocal Agreement that
provided for Board Nlembers to be considered employees or compensated, as
retirement and benefits would be their next request. Council Member Clark thanked
Code Enforcement for citing the CSX Railroad property located next to her business;
they were diligently cleaning it up. Mayor Watford noted his appreciation to the City
Police Department for their professionalism in handling a recent situation at his home.
XI. ADJOURN: Mayor Wa .fford adjourned the meeting at 8:16 P.M.
Su � itted By:
. �,t.c, �� ��,1
Lane Gamiotea, CMC, City Cl�rk
Please take notice and be advised that when a person decides to appeal any decision made by the City Council
with respect to any matter considered at this meeting, s/he may need to ensure that a verbatim record of the
proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based.
City Clerk media are for the sole purpose of backup for official records of the Clerk.
AUGUST :3, 2021, CITY COUNCIL MINUTES, PAGE 5 OF 5