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2021-10-26 Approved Minutes185 `\�y.OF•O/,FF.y CITY OF OKEECHOBEE, FLORIDA OCTOBER 26, 2021, REGULAR CITY COUNCIL MEETING MEETING MINUTES + g r I. CALL TO ORDER Mayor Watford called the regular meeting of the City Council for the City of Okeechobee to order on October 26, 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 Pastor Don Hanna of the First United Methodist Church, followed by the Pledge of Allegiance led by Council Member Jarriel. ATTENDANCE Roll was taken by City Clerk Lane Gamiotea to establish a quorum. Members present: Mayor Dowling R. Watford, Jr., Council Members Noel Chandler, Monica Clark, Bob Jarriel, and Bobby Keefe. III. AGENDA AND PUBLIC COMMENTS A. Mayor Watford asked whether there were any agenda items to be added, deferred, or withdrawn. Transmittal Public Hearing Item VII. A., Exhibit 5, was withdrawn, to allow for a workshop to be held. B. Motion by Council Member Clark, seconded by Council Member Keefe to approve the agenda as amended. Motion Carried Unanimously. C. There were no agenda item forms or comment cards submitted for public participation. IV. PRESENTATION AND PROCLAMATIONS A. A Certificate of Appreciation was presented by Mayor Watford to Mrs. Robbie Chartier and read into the record: "the City of Okeechobee, Florida recognizes the valuable contribution of community involvement and hereby extends this expression of grateful appreciation to Robbie Chartier for faithful service as a dedicated Member appointed to the City of Okeechobee Flagler Park Design Review Advisory Committee January 5, 2021, through October 5, 2021." The remainder of the Members who were unable to attend the meeting, included Bob Burdge, Susanne Clemons, Bert Culbreth, Regina Hamrick, Greg Maynard, Kathy Scott, Jennifer Tewksbury, and Denise Whitehead. Clerk Gamiotea will coordinate to present their certificates. B. Mrs. Pamela Wilkerson was recognized by Mayor Watford and Police Chief Hagan for her years of service. She was presented with a personalized leather embossed portfolio and framed certificate, which read "Longevity Service Award, in recognition of your 10 years of service, hard work, and dedication to the City, its citizens, and your fellow employees from October 17, 2011, through October 17, 2021." C. Mr. Jeffrey Treece was recognized by Mayor Watford and Public Works Director Allen for his years of service. He was presented a personalized leather embossed portfolio and framed certificate, which read "Longevity Service Award, in recognition of your 10 years of service, hard work, and dedication to the City, its citizens, and your fellow employees from October 3, 2011, through October 3, 2021." D. Mayor Watford proclaimed October 261h as World Polio Day. A proclamation was presented to Mrs. Toni Wiersma, Rotary Club President, and read into the record as follows: "Whereas, Rotary is a global network of neighbors, friends, leaders, and problem -solvers who unite and take action to create lasting change in communities across the globe; and Whereas, the Rotary motto, Service Above Self, inspires members to provide humanitarian service, follow high ethical standards, and promote goodwill and peace in the world; and Whereas, Rotary in 1985 launched PolioPlus and in 1988 helped establish the Global Polio Eradication Initiative, which today includes the World Health Organization, U.S. Centers for Disease Control and Prevention, UNICEF, and the Bill and Melinda Gates Foundation, and Gavi, the Vaccine Alliance, to immunize the children of the world against polio; and Whereas, polio cases have dropped by 99.9 percent since 1988 and the world stands on the threshold of eradicating the disease; and Whereas, to date, Rotary has contributed more than $2.2 billion dollars and countless volunteer hours to protecting more than 3 billion children in 122 countries; and Whereas, Rotary is working to raise an additional $50 million per year, which would be leveraged for maximum impact by an additional $100 million annually from the Bill and Melinda Gates Foundation; and Whereas, these efforts are providing much -needed operational support, medical staff, laboratory equipment, and educational materials for health workers and parents; and Whereas, in addition, Rotary has played a major role in decisions by donor governments to contribute more than $10 billion to the effort; and Whereas, there are over 1.2 million Rotary members in more than 36,000 clubs throughout the world that sponsor service projects to address such critical issues as poverty, disease, hunger, illiteracy, and the environment in their local communities and abroad. Now, therefore, I, Dowling R. Watford, Jr., Mayor of the City of Okeechobee, Florida, do hereby proclaim October 26, 2021, as World Polio Day in Okeechobee and encourage all citizens to join the Rotary Club of Okeechobee and Rotary International in the fight for a polio -free world." 10-26-2021, CITY COUNCIL REGULAR MEETING, PAGE 1 OF 4 V. CONSENT AGENDA Motion by Council Member Jarriel, seconded by Council Member Clark to: A. Approve the Minutes for October 5, 2021 [as presented and dispense with the reading]; B. Approve the Warrant Register for September 2021 [in the amounts, General Fund: $463,561,37; Public Facilities Improvement Fund: $38,148.04; and Capital Improvement Projects Fund $14,815.86, as presented]; C. Approve disposal of obsolete or surplus fire equipment, [as presented in Exhibit 1]; D. Approve a Temporary Street Closing on October 31, 2021, from 1:00 to 8:00 p.m. to close Southwest (SW) 4th Street between SW 5th and 6th Avenues for the First Baptist Church Fall Festival [as presented in Exhibit 2]; E. Approve a Temporary Street Closing on November 4, 2021, from 6:00 to 9:00 p.m., to close Northwest (NW) 2nd Avenue between NW 4th and 5th Streets, for the Farm Bureau Annual Membership Dinner [as presented in Exhibit 3]. Motion Carried Unanimously. VI. MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:11 P.M. A. A motion was made by Council Member Jarriel to read by title only, proposed Ordinance No. 1240 regarding Application No. 21-006-SSA reclassifying the Future Land Use (FLU) from Industrial (1) to Commercial (C) on Lots 11 to 14 of Block 49, CITY OF OKEECHOBEE, Plat Book (PB) 5/Page (PG) 5, [Okeechobee County public records, consisting of approximately 0.651 acres and located at] 804 North (N) Parrott Avenue, submitted by Monica Clark/Glades Gas Company of Okeechobee, Inc., [as presented in Exhibit 4]; seconded by Council Member Keefe. Motion Carried Unanimously. Attorney Fumero read proposed Ordinance No. 1240 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FLU MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM I TO C, APPLICATION NO. 21-006-SSA; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FLU MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." A motion and second was made by Council Members Jarriel and Keefe to adopt proposed Ordinance No. 1240. Council Member Clark noted for the record she has a conflict of interest and will be abstaining from voting on this motion as she is the applicant and property owner for the Application. City Planner, Mr. Jim LaRue of LaRue Planning and Management Services, presented the Planning Staff Report and the Planning Board's unanimous recommendation for approval based on the following findings of fact: The application is consistent with the Comprehensive Plan and reasonably compatible with adjacent uses due to its location directly on N Parrot Avenue/U.S. Highway 441 and whose land use designations are predominantly C. Properties to the North and South have a FLU designation of C, are zoned Heavy Commercial (CHV) with existing use being an unoccupied commercial building, the CSX Railroad and automobile repair shop. The property to the East and West has a FLU designation and zoning of I, the existing use is gas tank storage and an unoccupied auto repair building. There are adequate public facilities which reviewed traffic impacts, demand for potable water, sewer treatment, and solid waste disposal. The property is already developed, and no environmental impacts were found. There is a concurrent request to rezone the property to CHV under New Business item VII. A., Petition No. 21-004-R. The only public comment was from Mr. Steve Dobbs of 209 Northeast (NE) 2nd Street, who was in attendance on behalf of the applicant. Motion Carried*. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:19 P.M. VII. TRANSMITTAL PUBLIC HEARING A. This item was withdrawn from the agenda. Read by title only and approve the first reading of proposed Ordinance No. 1233 for transmittal to the State Land Planning Agency, Application No. 21-001-CPA amending the Comprehensive Plan FLU Element and Map by designating and identifying a commercial corridor overlay (Exhibit 5). Vill. NEW BUSINESS A. Motion by Council Member Jarriel to read by title only, proposed Ordinance No. 1241 regarding Petition No. 21-004-R rezoning from I to CHV, Lots 11 to 14 of Block 49, CITY OF OKEECHOBEE, PB 5/PG 5, [Okeechobee County public records, and located at] 804 N Parrott Avenue submitted by Monica Clark/Glades Gas Company of Okeechobee, Inc., [as presented in Exhibit 6]; seconded by Council Member Keefe. Motion Carried Unanimously. Attorney Fumero read proposed Ordinance No. 1241 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING CERTAIN TRACTS OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM I TO CHV, PETITION NO. 21-004-R; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 10-26-2021, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 4 187 VIII. NEW BUSINESS CONTINUED A. Continued. Motion and second by Council Members Jarriel and Chandler to set November 16, 2021, as the final public hearing, and approve the first reading of proposed Ordinance No. 1241. Council Member Clark noted for the record she has a conflict of interest and will be abstaining from voting on this motion as she is the applicant and property owner for the Petition. A concurrent request to change the FLU to C was adopted under Public Hearing item V. A., Application No. 21-006-SSA. Planner LaRue presented the Planning Staff findings and approval recommendation from the Planning Board. The proposed use is to continue the existing commercial rental space. The only public comment was from Mr. Dobbs of 209 NE 2nd Street, who was in attendance on behalf of the applicant. Motion Carried*. B. Motion by Council Member Keefe to read by title only, proposed Ordinance No. 1242 regarding Petition No. 21-005-R, rezoning Block 121, from Residential Single Family -One (RSF-1) and Block 110, from Light Commercial (CLT) to CHV, all being in the CITY OF OKEECHOBEE, PB 5/PG 5, [Okeechobee County public records and located between NE 2nd and 3rd Avenues and NE 3rd to 5th Streets, City Initiated, property owner is Glenwood Park, LLC, as presented in Exhibit 71; seconded by Council Member Jarriel. Motion Carried Unanimously. Attorney Fumero read proposed Ordinance No. 1242 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING CERTAIN TRACTS OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM RSF-1 AND CLT TO CHV, PETITION NO. 21-005-11; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Chandler and Keefe to set November 16, 2021, as the final public hearing, and approve the first reading of proposed Ordinance No. 1242. Planner LaRue presented the Planning Staff findings and approval recommendation from the Planning Board. The proposed use is a commercial development on the vacant property. The only public comment was from Mr. Dobbs of 209 NE 2nd Street who stated he was in favor of the petition. Mayor Watford disclosed for the record that he discussed this issue with Mr. Dobbs prior to the meeting, additionally he stated he did not support approving this Petition. Motion Carried. [Note: Abandonment of Right -of -Way Petitions No. 21-001-AC and 21-002- AC are pending for these blocks.] C. Motion by Council Member Jarriel to read by title only, proposed Ordinance No. 1243 regarding Application No. 21-003-TA amending the Land Development Regulations (LDR's) Sections 86-2, 86-3, 86-4, 86-71, 86- 90 and 86-91, adding Article V and Section 86-91, amending Form 18 in Appendix A, and adding an application fee to Appendix C all related to Subdivisions, splitting, and joining platted lots [as presented in Exhibit 81; seconded by Council Member Clark. Motion Carried Unanimously. Attorney Fumero read proposed Ordinance No. 1243 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 86 OF THE LDR'S OF THE CITY OF OKEECHOBEE; AMENDING SECTION 86-2, CLARIFYING THE CITY'S AUTHORITY TO REGULATE THE DIVISION AND JOINING OF LAND IN THE CITY; AMENDING SECTION 86-3, CLARIFYING THE APPLICABILITY OF THE CHAPTER TO INCLUDE JOINING LAND; AMENDING SECTION 86-4, ADDING A DEFINITION FOR LOT, ADDING A DEFINITION FOR PARCEL, ADDING A DEFINITION FOR PLATTED PARCEL SPLIT, DELETING THE DEFINITION FOR PLOT; AMENDING THE TITLE OF ARTICLE II FROM PLANS AND PLATS TO PLATTING; CHANGING DIVISION 3-SIMPLE LOT SPLIT/DE MINIMIS SUBDIVISIONS TO ARTICLE III -DE MINIMIS SUBDIVISIONS; AMENDING SECTION 86-90, CLARIFYING THAT STRUCTURE SETBACKS SHALL BE INCLUDED ON SURVEYS, PROHIBITING CREATIONS OF PARCELS WITH SPLIT FLU DESIGNATIONS, REQUIRING CONSIDERATION OF UTILITY LINES AND WASTEWATER TREATMENT SYSTEMS; CHANGING DIVISION 4-PROCEDURES FOR APPLICATION SUBMISSION AND APPROVAL OF JOINDER OF LOTS TO ARTICLE IV -JOINDERS; AMENDING SECTION 86-91 TO PROHIBIT JOINING PARCELS WITH DIFFERENT FLU DESIGNATIONS; CREATING NEW ARTICLE V-PLATTED PARCEL SPLITS, PROVIDING PROCEDURES AND STANDARDS FOR DIVIDING EXISTING PLATTED PARCELS; RENUMBERING EXISTING ARTICLES III, IV, AND V; AMENDING APPENDIX A OF THE LDR'S OF THE CITY OF OKEECHOBEE, AMENDING FORM 18, PROVIDING PLATTED PARCEL SPLIT APPLICATION STANDARDS AND PROCEDURES; AMENDING APPENDIX C OF THE LDR'S OF THE CITY OF OKEECHOBEE, ADDING AN APPLICATION FEE FOR PLATTED PARCEL SPLITS; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Clark and Jarriel to set November 16, 2021, as the final public hearing and approve the first reading of proposed Ordinance No. 1243, Motion Carried Unanimously. D. Motion by Council Member Jarriel to approve an invoice in the amount of $1,648.34 submitted by the Okeechobee Board of County Commissioners for participation in the Okeechobee Utility Authority (OUA) Working Group regarding the OUA Interlocal Agreement [as presented in Exhibit 9]; seconded by Council Member Clark. Motion Carried Unanimously. 10-26-2021, CITY COUNCIL REGULAR MEETING, PAGE 3 OF 4 00 Vill. NEW BUSINESS CONTINUED E. Motion by Council Member Keefe to adopt proposed Resolution No. 2021-08 authorizing the City to participate and submit bid to acquire the Primitive Baptist Church property located at 1003 SW 3rd Avenue [as presented in Exhibit 10, Lots 9 to 12 of Block 8, SOUTH OKEECHOBEE, PB 1/PG 12, Okeechobee County public records]; seconded by Council Member Jarriel. Attorney Fumero read proposed Resolution No. 2021-08 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA TO AUTHORIZE THE CITY TO PARTICIPATE AND BID TO ACQUIRE PROPERTY LOCATED AT 1003 SW 3RD AVENUE, OKEECHOBEE, FLORIDA DURING THE TAX SALE; PROVIDING AN EFFECTIVE DATE." Following discussion, Motion Carried Unanimously, Council Member Clark moved that the bid not exceed the property appraisers appraised, assessed value; seconded by Council Member Keefe. Motion Carried Unanimously. Motion and second by Council Members Jarriel and Clark to approve for staff to submit a Request for Qualifications for Professional Planning Consulting Services. Motion Carried Unanimously. Mayor Watford called for a Recess at 7:00 P.M.; the meeting was Reconvened at 7:10 P.M. G. The draft of the proposed changes to the City Charter, as recommended by the Citizen Charter Review Advisory Committee (CCRAC) was reviewed. The following areas were pointed out as a change from current procedures; or specifically noted to be discussed during the November 4, 2021, joint workshop between the Council and the CCRAC; or needs rewording by Attorney Fumero: Article 2: C-2.1, Meetings paragraph; C-2.2(d); C-2.5(c)(ii); and C-2.6. Article 3: C-3-1(a) and C-3.7. Article 4: C-4.1(c). Article 6: C- 6.1(c). Article 7: C-7.2, last paragraph. IX. CITY ATTORNEY UPDATE Attorney Fumero had no new information to provide to Council at this time. X. CITY ADMINISTRATOR UPDATE Administrator Ritter advised he met with South Florida Water Management District regarding the Commerce Center; the project is progressing. He gave a 'shout -out' to the Public Works employees for their great work on the Cattlemen's Square in Flagler Park. He met with Racetrac representatives last week, they are starting their new construction project. In closing he yielded to City Clerk Gamiotea to announce the progress of hiring a new Deputy City Clerk, Ms. Rose Torres has accepted the employment offer and will begin November 15, 2021. XI. COUNCIL COMMENTS There were no Council comments offered. XII. ADJOURN, Mayor Watford adjourned the meeting at 8:32 P.M. Submitted By: Lane Gamiiotea, CMC City Clerk Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, 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. *Form 8B Memorandum of Voting Conflict for County, Municipal, and other Local Public Officers was filed by Council Member Clark on October 26, 2021, in the Office of the City Clerk and made part of the official record filed in the permanent minute file for this meeting. 10-26-2021, CITY COUNCIL REGULAR MEETING, PAGE 4 OF 4