2023-03-07 IV. A. Consent Agenda MINUTE FILE
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° JANUARY 26, 2023, JOINT WORKSHOP
‘Itt;;;..%�'`.'� CITY COUNCIL, BOARD OF COUNTY COMMISSION, AND
OKEECHOBEE UTILITY AUTHORITY BOARD OF DIRECTORS
DRAFT SUMMARY OF DISCUSSION
I. Commencement
County Commission Chairperson Hazellief called the Joint Workshop to order on Thursday, January 26,
2023, at 6:00 P.M. in the William L. Hendry Courtroom, Room 270, located at the Okeechobee County
Historic Courthouse, 304 Northwest 2nd Street, Okeechobee, Florida. The invocation was offered by
Commissioner DeCarlo, followed by the Pledge of Allegiance led by Commissioner Goodbread.
Attendance of the three entities is noted as follows:
Those present from the City Council were Mayor Dowling R. Watford, Jr., Vice Mayor Monica M. Clark,
Council Members Noel A. Chandler, Robert "Bob" J. Jarriel, and David R. McAuley; accompanied by City
Clerk Lane Gamiotea and City Administrator Gary Ritter.
Those present from the Board of County Commission (BOCC) were Chair David E. Hazellief,
Commissioners Frank DeCarlo, Bradley G. Goodbread, and Kelly Owens. Commissioner Terry W.
Burroughs was absent. Staff in attendance were County Attorney Garrett Olsen, Deputy County
Administrator Richard Reade, and Deputy Clerk Thomas Hudek.
Those present from the Okeechobee Utility Authority (OUA) Board of Directors were Chairperson John
Creasman, Regular Board Members Melanie Anderson, Tommy Clay, Steve Nelson, and Tabitha Trent,
Alternate Board Members Glenn Sneider and Harry Moldenhauer. Alternate Member Jeff Fadley was
absent. Staff Members present were Executive Director John Hayford.
II. Agenda
1. OUA Executive Director Hayford began by explaining the timeline and notification procedures to
property owners with costs and payment options when wastewater collection lines are being added to
the OUA system. These notifications and procedures are mandated by Florida Statute, essentially the
property owner is notified twice, once before the project begins, then again after the project is
completed, allowing them up to 12-months to connect 1:o the new collection system.
The City's Code of Ordinances, Section, 58-72, mandates property owners connect to the wastewater
system within 90-days after receiving official notice that the collection system is available. However,
there are exceptions, connection is not required when: 1) the house, building, or structure is situated
on property that is not abutting a street, alley, or road right-of-way where the wastewater connection is
located; 2) the property is not within 100-feet of the wastewater connection; or 3) connection would
require unusual and costly plumbing such as a lift station, force main or similar plumbing facilities. All
new development is required to connect to the OUA collection system.The County's Land Development
Regulations, Section 7.06.07 A.2, reads that connection shall be required when such system is
available when it is capable of being connected to the plumbing of a residence or establishment, is not
under a moratorium, and has adequate permitted capacity to provide the services.
The OUA is requesting the Council and BOCC amend the current regulations to mandate water and
wastewater connections without exceptions, and utilize their respective Code Enforcement procedures
when property owners fail to connect to the system.The OUA Board lowered the water and wastewater
connection fees for a single family residence by 75 percent for Fiscal Year 2022-23. They have obtained
funding to assist the property owners with other related costs and adopted various payment options.
However, several property owners continue to refuse to connect. The County has begun to utilize the
Code Enforcement process in the Taylor Creek area, whose wastewater collection system was
completed in 2005, there are 19 occupied residences that have not connected. The Council asked the
OUA to identify City customers/properties, who have refused to connect to the water and/or wastewater
system. Once the list has been provided, the Council may also consider utilizing its Code Enforcement
process.
The Council and BOCC confirmed their agreement on the importance of having existing
homes/structures connect to the wastewater collection system in addition to new developments. Refer
to 15-pages of materials identified as Action Item ID No. 9145 within the Minute File, to provide more
detailed content pertaining to this discussion.
DRAFT JANUARY 26, 2023, JOINT WORKSHOP, PAGE 1 OF 2
II. Agenda Continued
2. Mr. Hayford then presented water and wastewater projects for review and discussion. The completed
projects consisted of the wastewater collection for the Taylor Creek Area, that was completed through
a State Grant in 2005. The Basswood/Whispering Pines Area was a Community Development Block
Grant funded project for water and wastewater and provided connections for approximately 160
residents. To date 15 occupied residences have not connected, plus 18 vacant properties that are not
mandated to connect. The Pine Ridge Park Area project will be completed in August 2023 and
provided approximately 80 water connections and approximately 110 septic customers to connect to
the wastewater collection system. New Projects consisted of the Southwest Service Area (SWSA),
due to its magnitude is a three-part project: 1.Construction of a master force main, master pump station
and SE2 Interconnect. 2. Construct the vacuum collection system to provide approximately 500
connections in late 2025. 3. Construct the Okee-Tantie force main to provide approximately 633
connections in late 2025. The Treasure Island Area septic to sewer project would provide
approximately 2400 connections. The Southwest 5th Avenue Area project is another septic to sewer
project without a designated funding source, for 110 wastewater connections. The Orange Loop,
Buckhead Ridge area and Northwest 5th Street area projects are almost complete, connection
information was not available. Refer to 24-pages of materials identified as Action Item ID No. 9146
within the Minute File, to provide more detailed content pertaining to this discussion.
3. The discussion then turned to reviewing which projects were partially funded, emphasizing mandatory
enforcement for connections is critical for additional funding options. A$1,000,000.00 Federal Grant is
assisting with a portion of the Treasure Island project.A$7,508,000.00 USDA Loan is covering a portion
of SWSA 2. A$883,000.00 USDA Grant is covering a portion of SWSA 2. Then Florida Department of
Environmental Protection Appropriation funding is covering all of SWSA 1, $6,320,980.00; a portion of
SWSA 2, $3,842,941.00; all of SWSA 3, $8,336,079.00; a portion of Pineridge Wastewater
$2,473,400.00, and a portion of Treasure Island $24,520,580.00. What remains unfunded is
$3,998,332.00 of SWSA 2, $1,350,568.00 of Pineridge Wastewater, all of SW 5th Avenue,
$2,080,000.00, and $4,879,420.00 of Treasure Island. OUA has made and/or will be making additional
funding requests to multiple agencies and requested support from the Council and BOCC. Refer to 4-
pages of materials identified as Action Item ID No. 9147 within the Minute File,to provide more detailed
content pertaining to this discussion.
In addition to the connection fees to be paid by property owners, costs they must also incur to construct the
connection line from their sewer line (the house)to the OUA system (the street), and to fill-in or remove the
existing septic tank. Depending on the property, this can cost approximately $1,500.00 to $2,000.00 per
home. Possible funding can be sought after to assist with these costs and other options, such as
consolidating all costs not one total per household will be considered by the OUA Board.
Citizen, Mrs. Raia Black clarified about the types of connections and required downpayment percentages,
then asked the OUA Board to consider payment plans through the water bills without a down payment. Mr.
Erik Howard, a professional engineer, and DeSoto County resident addressed the Boards explaining the
Town of Lake Placid officials are having similar conversations. He suggested the City see how other
municipalities have handled similar issues and that the BOCC research how other counties have
consolidated multiple project funding and financing over 20 to 30 years in the utility bills.
Another item BOCC Chair Hazellief noted briefly was for the OUA Board to consider waiving connection
fees for government developments,giving the example of the expansion of the County Jail. The City waived
the Building Permit and Inspection Fees for the project, the OUA did not waive any of the connection fees.
The Council and BOCC will consider amendments to their regulations at their respective individual Board
meetings.The Boards agreed to jointly apply for and support OUA funding grants and/or State Appropriation
requests to the local legislative delegation.
III. Adjournment, there being no further discussion, Chair Hazellief adjourned the Joint Workshop at 7:27
P.M.
Submitted By:
Lane Gamiotea, 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.
JANUARY 26,2023,JOINT WORKSHOP, PAGE 2 OF 2
MINUTE FILE
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W FEBRUARY 7, 2023, REGULAR CITY COUNCIL MEETING
REVISED DRAFT MEETING MINUTE.:.
I. CALL TO ORDER
Mayor Watford called the regular meeting of the City Council for the City of Okeechobee to order on February
7, 2023, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast (SE) 3rd Avenue, Room 200,
Okeechobee, Florida. The invocation was offered by Pastor Chad Keathley, Okeechobee Church of God;
followed by the Pledge of Allegiance led by Vice Mayor Clark.
II. ATTENDANCE
Roll was taken by City Clerk Lane Gamiotea to establish a quorum. Members present: Mayor Dowling R.
Watford, Jr., Vice Mayor Monica M. Clark, Council Members Noel A. Chandler, and Robert "Bob" J. Jarriel.
David R. McAuley was absent with consent.
III. AGENDA AND PUBLIC COMMENTS
A. There were no requests for items to be added,deferred,or withdrawn from the agenda. However, content
within Exhibits 6 and 8 were revised and a 41-page document was added to Exhibit 3.
B. Motion and second by Council Members Chandler and Jarriel to approve the agenda as presented.
Motion Carried Unanimously.
C. One comment card was submitted by Ms. Casey Rogers, Community Outreach Coordinator for Health
Synergy Clinical Research, providing information regarding mental health services, upcoming research
projects, and free memory scans offered by Dr. Mohammed Nisar through Health Haven.The information
distributed was incorporated into the official minute file.
IV. PRESENTATIONS AND PROCLAMATIONS
A. Miss Sorrel Panaro was recognized by Council Member Jarriel as a 2023 Special Agricultural Scholarship
and South Florida Fair Scholarship recipient.
B. Miss Jenna Larson was recognized by Council Member Jarriel as a 2023 Western Farm Bureau
Scholarship and South Florida Fair Scholarship recipient.
C. Mayor Watford proclaimed February as National Teen Dating Violence and Awareness Month. The
Proclamation was presented to Mr. Jonathan Bean and Mr. Patrick Lawson, of Martha's House, and was
read into the record as follows: "Whereas, during National Teen Dating Violence Awareness and
Prevention Month, we stand with those who have known the pain and isolation of an abusive
relationship and endeavor to end the cycle of teen dating violence that affects too many of our
young people; and Whereas, teen dating violence takes many forms including physical or sexual
assault, stalking, coercive and controlling behavior, emotional abuse, harassment, and
exploitation. It can occur in person, online, or through various forms of technology. Research
shows that more than eight percent of high school students in the United States reported
experiencing physical or sexual dating violence over the course of a one-year period with young
women and LGBTQI+youth facing the highest rates. Survivors of teen dating violence can suffer
from depression, substance abuse, risk of suicide, eating disorders, poor academic outcomes,
unintended pregnancy, and other issues. Sadly, survivors of teenage dating violence are more
likely to be revictimized as adults. These effects are compounded for girls and young women of
color, who are less often recognized as survivors of dating and sexual violence and face
additional barriers to seeking help; and Whereas, Martha's House is committed to supporting
programs that are proven to help preteens and teens develop safe and healthy relationships.
Martha's House has a range of resources to equip communities with effective tools to prevent
and address teen dating violence.These tools will help teens stay safe online and when they use
electronic devices; and respond effectively to dating violence, sexual assault, stalking, and other
forms of abuse; and provide resources and training programs that prevent abuse and promote
healthy relationships; and Whereas, during National Teen Dating Violence Awareness and
Prevention Month, we recommit ourselves to ending this scourge of our society and providing
our young people every chance to live the fulfilling and productive lives they deserve. Now
therefore, I, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City
of Okeechobee, Florida, do hereby proclaim February 2023, as National Teen Dating Violence
Awareness and Prevention Month, and I do further call upon all citizens to educate themselves
and others about teen dating violence so that together we can stop it.
REVISED DRAFT FEBRUARY 7, 2023, CITY COUNCIL REGULAR MEETING, PAGE 1 OF 5
V. CONSENT AGENDA
Motion and second by Vice Mayor Clark and Council Member Jarriel to:
A. Dispense with the reading and approve the Minutes from January 17, 2023 [as presented]; and
B. Temporarily close a portion of Southwest (SW) 3rd and 4th Avenues between North and South [Park]
Streets from 5:00 P.M. on March 10, 2023, to 5:00 F'.M. on March 12, 2023, for the Annual Speckled
Perch Festival as submitted by Okeechobee Main Street [as presented in Exhibit 1]; and
C. Temporarily close a portion of SE 2nd Avenue between SE 6th and 7th Streets from 8:00 A.M. to 2:30 P.M.
on February 24, 2023, for a Field Day as submitted by Okeechobee Christian Academy [as presented in
Exhibit 2].
Motion Carried Unanimously.
VI. MAYOR WATFORD OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:24 P.M.
The following items are quasi-judicial in nature. In accordance with section 286.0115, Florida Statutes (FS), an
opportunity for persons to speak on each item will be made available after the applicant and staff have made their
presentations on each item. All testimony, including public testimony and evidence, may be made under oath or
affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you do not wish to
be either cross-examined or sworn, your testimony will be given its due weight. The general public may request the
Board to ask questions of staff or witnesses on their behalf. Any person presenting documents to the Council should
provide the City Clerk with a minimum of 10 copies. Further details of the quasi-judicial procedure may be obtained
from the Clerk. No verbatim record by a certified court reporter is made of these proceedings.Accordingly, any person
who may seek to appeal any decision involving the matters noticed herein will be responsible for making a verbatim
record of the testimony and evidence at these proceedings upon which any appeal is to be based (see Section
286.0105, FS,). In accordance with the Americans with Disabilities Act and Section 286.26, FS, persons needing a
special accommodation to participate in this proceeding should contact the City Clerk's office at 863-763-9814 seventy-
two(72) hours in advance of this proceeding.
A. Special Exception Petition No. 22-003-SE, was submitted by Kyle Lotze, Agent for CitySwitch II-A, LLC,
on behalf of the property owner, CSX Transportation Inc. The Petition requests to develop a portion of
vacant property. The proposed development includes a 50-feet (ft) by 50-ft compound with perimeter
fencing surrounding a 150-ft tall freestanding communications tower with lighting rods for a total height
of 160-ft, storage, two electric service H-frames, and landscaping; and to develop an access corridor that
is 30-ft by 120-ft located at 1117 Northwest (NW) 9th Street. Special Exception approval is required to
allow a structure exceeding 45-ft in height in an Industrial (IND) Zoning District; and final approval by the
City Council is required to allow the new freestanding communications tower.
This being a Quasi-Judicial proceeding, Attorney Fumero collectively administered an oath to: Mr. Ben
Smith, City Planner of Morris-Depew Associates, Inc.; Attorney W. Patton Hahn, of Baker, Donelson,
Bearman, Caldwell, and Berkowitz, P.C. (on behalf of the Applicant);Attorney Melissa Murrin,of Jimerson
Birr; and Mr. Jason Laskey, of SBA Communications Corporation (in opposition of the Petition); all
affirmed.
Planner Smith reviewed the Revised Planning Staff Report, dated January 18, 2023, which
recommended approval. The Technical Review Committee (TRC), and the Board of Adjustment (BOA)
recommended approval with special conditions of which the landscape and fencing plans have been met.
The Planning Staff Report findings outline the obligation by CitySwitch II-A, LLC, that they demonstrated
the six requirements for consistency with the City of Okeechobee Code of Ordinances (Code) Section
70-373(b) and eight requirements for consistency with Code Section 70-373(c), which pertain to all
Special Exception Petitions.
Then further, the Report findings outline that CitySwitch II-A, LLC, met the four requirements to meet
consistency for Code Section 90-603(e), as well as the 14 requirements to meet consistency for Code
Section 90-602(c). One of those 14 items was noted by Planner Smith, and was read into the record, the
"Staff Comments" found on page eight of the Report, paragraph (2) b: "While the Applicant did not
provide reasonable assurances concerning a`demonstrated need'for the subject communication
facility(a cell tower), it did provide reasonable assurances that there is a `demonstrated demand'
for the communication facility. Specifically,through sworn statements, made on the record in this
proceeding, by CitySwitch and AT&T representatives, there exists reasonable assurances that
there is a `demonstrated need' because AT&T desires to locate certain communications
equipment on the subject communications facility. There is also information in the record that
CSX intends on locating communications equipment on the subject communications facility."
REVISED DRAFT FEBRUARY 7, 2023,CITY COUNCIL REGULAR MEETING, PAGE 2 OF 5
VI. QUASI-JUDICIAL PUBLIC HEARING CONTINUED
A. No. 22-003-SE Continued. Attorney Hahn explained that once the communications tower is built, CSX
will be a tenant, and they will be leasing space to AT&T Wireless to install their equipment. AT&T has
been a tenant of the existing SBA tower, but due to increases in rent, are looking to move to the proposed
new tower (see Letter of Support dated October 17, 2022, signed by Matt Hannah within Exhibit 3), and
additional documentation provided within Exhibit 3 showing expanded coverage within the City Limits.
He added the Planning Staff Report was thorough and he agreed with the recommendations from the
City Planning Staff, TRC, and BOA. They have additional requirements to be met by the Federal Aviation
Administration (FAA).
Attorney Murrin and Mr. Laskey expressed their reasons for denying the Petition, which are documented
in the 41-page Letter of Opposition, dated February 6, 2023, and entered as part of the official record.
The opposition summary noted that the Applicant failed to demonstrate a need or demand for the
proposed tower, as required in Code Section 90-602(2)(b), failed to demonstrate compliance with the
performance and construction standards listed in Code Section 90-603, as required by 90-602(2)(d). She
further offered that there were ongoing negotiations between SBA and AT&T, for AT&T to remain at their
existing tower by offering them a lower lease rate. Attorney Hahn offered in rebuttal that as required by
City Code, should CitySwitch II-A, LLC, not have a tenant for the tower, they would be required to remove
it. Comments or questions were posed by Mayor Watford, Vice Mayor Clark, and Council Member
Chandler. [Notation for the record: the previous content covers the main highlights or required
documentation during the discussion on this matter and is not a verbatim record or a complete summary.]
Motion and second by Council Members Chandler and Jarriel to approve Special Exception Petition No.
22-003-SE, to permit a structure exceeding 45-ft in height in the IND Zoning District, reference Code
Section 90-345(4), waive the minimum separation from off-site uses, reference Code Section 90-603(c);
and to waive the separation distances between communication towers, reference Code Section 90-
603(d); for a wireless telecommunication facility as provided in Code Section 90-603(e) [based on the
findings and recommendation by Planning Staff as presented in Exhibit 3, which includes the following
special conditions as outlined in the Revised Planning Staff Report: prior to issuance of a building permit,
Applicant must submit FAA approval for proposed tower and design; the use of any portion of a tower
height for sign or advertising purposes is prohibited; if the use of the tower has been discontinued for a
period of 180 consecutive days, the tower shall be deemed abandoned; and Certification of Compliance
with all current Federal Communication Commission standards be submitted prior to final inspection by
the Building Department.
Legal Description: 50-ft by 50-ft Tower Compound Area as surveyed: A PORTION OF THE CSX
TRANSPORTATION, INC. TRACT DESCRIBED IN BOOK (BK) 745, PAGE (PG) 850 AS RECORDED
IN THE OFFICE OF THE CLERK OF CIRCUIT COURT FOR OKEECHOBEE COUNTY, FLORIDA(FL),
LYING IN THE NW QUARTER, SECTION 16, TOWNSHIP 37 SOUTH (S), RANGE 35 EAST (E), SAID
COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT A
CAPPED REBAR, STAMPED DEHAYES PSM 5178, FOUND MARKING THE NW CORNER OF SAID
TRACT, HAVING FL E STATE PLANE COORDINATES: N:1060999.896, E:706535.719; THENCE RUN
S 14°33'54" E FOR A DISTANCE OF 119.78-FT TO A SET 5/8-INCH (IN) REBAR AND THE POINT OF
BEGINNING (POB); THENCE RUN N 89°52'26" E FOR A DISTANCE OF 50.00-FT TO A POINT;
THENCE RUN S 00°07'34" E FOR A DISTANCE OF 50.00-FT TO A POINT; THENCE RUN S 89°52'26"
W FOR A DISTANCE OF 50.00-FT TO A POINT; THENCE RUN N 00°07'34" W FOR A DISTANCE OF
50.00-FT TO THE POB. SAID TOWER COMPOUND AREA CONTAINS 2,500.00-SQUARE(SQ) FT OR
0.06 ACRES, MORE OR LESS. Together with 30-ft Wide Access and Utility Corridor as surveyed: A
PORTION OF THE CSX TRANSPORTATION, INC. TRACT DESCRIBED IN BK 745, PG 850 AS
RECORDED IN THE OFFICE OF CLERK OF CIRCUIT COURT FOR OKEECHOBEE COUNTY, FL,
LYING IN THE NW QUARTER, SECTION 16, TOWNSHIP 37 S, RANGE 35 E, SAID COUNTY, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CAPPED REBAR,
STAMPED DEHAYES PSM 5178, FOUND MARKING THE NW CORNER OF SAID TRACT, HAVING
FL E STATE PLANE COORDINATES: N:1060999.896, E:706535.719; THENCE RUN S 14°33'54" E
FOR A DISTANCE OF 119.78-FT TO A SET 5/8-IN REBAR; THENCE RUN N 89°52'26" E FOR A
DISTANCE OF 25.00-FT TO THE POB; OF AN ACCESS AND UTILITY CORRIDOR BEING 30-FT IN
WIDTH AND LYING 15-FT EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE
RUN N 00°00'00" W FOR A DISTANCE OF 56.21-FT TO A POINT; THE BEGINNING OF AN ARC
TURNING TO THE RIGHT HAVING A RADIUS OF 309.45-FT, HAVING A CHORD BEARING AND
DISTANCE OF N 05°56'55" E FOR A DISTANCE OF 64.14-FT; THENCE RUN ALONG SAID ARC FOR
64.26-FT TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF NW 9TH STREET, A VARIABLE
PUBLIC RIGHT-OF-WAY AND THE POINT OF ENDING. SAID EASEMENT CONTAINS 3,613.93-SQ
FT OR 0.08 ACRES, MORE OR LESS].
Motion Carried Unanimously.
MAYOR WATFORD CLOSED THE QUASI-JUDICIAL PUE3LIC HEARING AT 7:09 P.M.
REVISED DRAFT FEBRUARY 7, 2023, CITY COUNCIL REGULAR MEETING, PAGE 3 OF 5
VII. NEW BUSINESS
A. The dates to hold, cancel, or change the regular Council Meetings for 2023 were discussed with a
consensus to hold the Town Hall Meeting on March 21, 2023, in lieu of the regular meeting, at
either the First United Methodist Church Fellowship Hall or City Hall, and cancel the July 4, 2023,
meeting. There was not a clear consensus on canceling the June 6, 2023, meeting and moving the
November 21, 2023, meeting to November 28, 2023. The new Charter requires the Council hold at least
ten regular meetings a year with a resolution adopting the dates, times, and places. A resolution will be
drafted and presented at the next meeting.
B. Motion and second by Council Member Jarriel and Vice Mayor Clark to read by title only, proposed
Ordinance No. 1270, regulating the use of fireworks [as presented in Exhibit 4]. Motion Carried
Unanimously.
City Attorney Fumero read into the record the title cf proposed Ordinance No. 1270 as follows: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO
THE REGULATION OF FIREWORKS, AMENDING PART II THE CODE OF ORDINANCES OF THE
CITY OF OKEECHOBEE AT CHAPTER 14 BUSINESSES BY SPECIFICALLY AMENDING SECTION
14-173 FIREWORKS; AMENDING AT CHAPTER 30, ENVIRONMENT, SPECIFICALLY AMENDING
SECTION 30-43 PUBLIC NUISANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE."
Motion and second by Vice Mayor Clark and Council Member Jarriel to approve the first reading of
proposed Ordinance No. 1270, and set March 7, 2023, as the final hearing date. Motion Carried
Unanimously.
C. Motion and second by Council Member Jarriel and Vice Mayor Clark to approve the purchase of City
Police equipment in the amount of$29,175.45 [to Global Public Safety for the five 2023 Dodge Chargers
as presented in Exhibit 5]. Motion Carried Unanimously.
D. Mr.Jonathan Einhorn and Mr. Reuven Rogatinsky, representing Emerald Greens Apartments,addressed
the Council regarding a proposed 190-unit apartment complex to be located on SW 6th Street, between
SW 7th to 10th Avenues. They requested the Council consider an ad valorem tax abatement for the
project. After some discussion, with Attorney Fumero clarifying the process, Mayor Watford asked for a
consensus. Vice Mayor Clark and Council Member Jarriel were in favor of considering the options for a
policy to be adopted. Mayor Watford and Council Member Chandler were not in favor. The matter was
deferred to the next meeting when Council Member McAuley would be present.
E. Motion and second by Council Member Chandler and Vice Mayor Clark to approve a Piggyback
Agreement from Okeechobee County Independent Contractors Agreement, with CW Roberts
Contracting, Inc., in the amount of$100,000.00 for asphalt milling and paving [as presented in Revised
Exhibit 6]. Motion Carried Unanimously.
F. Motion and second by Council Members Jarriel and Chandler to approve a Piggyback Agreement from
Broward College Storm Drain Cleaning, Repairs, and Maintenance Agreement, with Shenandoah
Construction Company, LLC., for the South 4th Street Pipe Lining Project [from SW 5th Avenue to SE 6th
Avenue] in the amount of$1,000,000.00 [as presented in Exhibit 7]. Motion Carried Unanimously.
G. Motion by Council Member Chandler to not appeal the Magistrate ruling of a 100 percent fine reduction
in Code Enforcement Case No. 220128007. Motion failed for lack of a second.
Motion and second by Vice Mayor Clark and Council Member Jarriel to appeal the Magistrate ruling of a
100 percent fine reduction in Code Enforcement Case No. 220128007 in the sum of $5,700.00 plus a
$50.00 Administrative fee. Property owner, Perry Sylvester Arnold Jr. of 620 Northeast 4th Avenue,
Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled Vehicles, 30-43 Public Nuisances,
30-44 General Cleaning and Beautification; Chapter 82, Section 82-124 Permits [as presented in
Revised Exhibit 8].
After the costs to pursue this and the process was explained by Attorney Fumero, Council Member Jarriel
and Vice Mayor Clark withdrew their second and motion. No official action was taken.
VIII. CITY ATTORNEY UPDATE
No updates provided at this time.
REVISED DRAFT FEBRUARY 7, 2023, CITY COUNCIL REGULAR MEETING, PAGE 4 OF 5
IX. CITY ADMINISTRATOR UPDATE
Work on the landscape for the endcaps along South Park Street scheduled to begin Thursday, February 10,
2023.
X. COUNCIL COMMENTS
Council Member Chandler suggested, after accompanying City Staff on a recent inspection of the facilities at
the Primitive Baptist Church property [1003 SW 3rd Avenue], that the $40,000.00 budgeted would not cover
the required renovations. He was not in favor of budgeting future funds, but to only pursue grants to cover
those costs.
Council Member Jarriel expressed his appreciation to the Council for recognizing Miss Panaro and Miss
Larson; and his excitement to see several developments happening.
XI. ADJOURNMENT
There being no further items of discussion, Mayor Watford adjourned the meeting at 8:24 P.M.
Submitted By:
Lane Gamiotea, 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.
REVISED DRAFT FEBRUARY 7, 2023, CITY COUNCIL REGULAR MEETING, PAGE 5 OF 5
MINUTE FILE
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``,osam FEBRUARY 21, 2023, REGULAR CITY COUNCIL MEETING
DRAFT MEETING MINUTES
I. CALL TO ORDER
Mayor Watford called the regular meeting of the City Council for the City of Okeechobee to order on February
21, 2023, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast (SE) 3rd Avenue, Room 200,
Okeechobee, Florida.The invocation was offered by Mayor Watford; followed by the Pledge of Allegiance led
by Council Member McAuley.
II. ATTENDANCE
Roll was taken by City Clerk Lane Gamiotea to establish a quorum. Members present: Mayor Dowling R.
Watford, Jr., Vice Mayor Monica M. Clark, Council Members Noel A. Chandler, Robert "Bob" J. Jarriel, and
David R. McAuley.
III. AGENDA AND PUBLIC COMMENTS
A. There were no requests for items to be added, deferred, or withdrawn from the agenda.
B. Motion and second by Council Members Jarriel and McAuley to approve the agenda as presented.
Motion Carried Unanimously.
C. One comment card was submitted by Mr. Jeff Sumner, Economic Council of Okeechobee, introducing
their new Executive Director, Ms. Lyndsey Sheppard, to the Council.
IV. CONSENT AGENDA
Motion and second by Council Members Chandler and Jarriel to approve the following consent items:
A. January 2023 Warrant Register [in the amounts: General Fund, $3,775,903.13; Public Facilities
Improvement Fund, $39,643.77; and Appropriations Grant Fund, $675.00; as presented]; and
B. Reappoint Mr. Steve Nelson as a Regular Member to the Okeechobee Utility Authority (OUA) Board of
Directors, term being March 2, 2023, through March 1, 2027 [as presented in Exhibit 2].
Motion Carried Unanimously.
V. UNFINISHED BUSINESS
A. Motion and second by Council Member Jarriel and Vice Mayor Clark to direct the City Attorney to prepare
options for a Tax Abatement Program. Motion Carried three to two, Mayor Watford and Council
Member Chandler voting No.
VI. NEW BUSINESS
A. Motion and second by Council Members Jarriel and McAuley to adopt Resolution No. 2023-01, regarding
the 2023 Regular Council Meeting dates, times, and locations [as presented in Exhibit 2].
City Attorney Fumero read into the record the title of 1roposed Resolution No. 2023-01 as follows: "A
RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; ADOPTING, CONFIRMING, AND
RATIFYING THE SCHEDULE OF REGULAR MEETINGS FOR 2023 IN ACCORDANCE WITH THE
CITY CHARTER; PROVIDING FOR AMENDMENT OR REPEAL BY MAJORITY VOTE OF THE CITY
COUNCIL; AND PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
AN EFFECTIVE DATE." Motion Carried Unanimously.
B. A discussion was held regarding mandatory utility connections as discussed at the January 26, 2023,
Joint Workshop conducted with the Council, Board of County Commission (BOCC) and OUA Board of
Directors. Mr. John Hayford, OUA Executive Director, along with Mr. Steve Nelson and Mr. Tommy Clay,
(City-appointed OUA Board Members) and Member Harry Moldenhauer, were present to provide
information and answer questions. The timeline for requiring the connections and options for making the
connection affordable for citizens was discussed.A copy of Florida Statute 381.00655 was distributed for
reference and has been incorporated into the official minute file. There was a unanimous consensus
from the Council to instruct the City Attorney to draft an ordinance to amend the Code of
Ordinances Section 58-72, mandating water and wastewater connections, these proposed
changes will be conducted in coordination with proposed amendments being considered by the
BOCC, for consistency between both entities.
FEBRUARY 21, 2023, CITY COUNCIL REGULAR MEETING, PAGE 1 OF 2
VII. CITY ATTORNEY UPDATE
• Finalizing the revisions for amendments to the Code of Ordinances due to the new Charter;
• Stormwater ordinance has been provided to Public Works for a final review;
• Continuing to work to resolve the on-going stormwater and drainage issues in Commerce Center;
• Will begin researching options for a Tax Abatement Program and drafting an ordinance to address
mandatory connections.
VIII. CITY ADMINISTRATOR UPDATE
• Working on a Food Truck Ordinance;
• Town Hall Meeting scheduled for March 21, 2023, will be informal with a meet and greet and
refreshments, followed by the inaugural State of the City Address;
• Work on the landscape for the endcaps along South Park Street scheduled to be finished by next week,
Ribbon Cutting Ceremony to be scheduled;
• Okeechobee Cattlemen's Rodeo is scheduled for 2:30 P.M. on March 11 through 12, 2023, Council
Members who plan to participate need to respond to emailed invitation;
• Mayor Watford will be participating in the Battle of Okeechobee Re-enactment on February 25 through
26, 2023;
• Potential development to the East of RaceTrac.
IX. COUNCIL COMMENTS
Council Member Chandler noted he was pleased to see Public Works replacing the flags within in Flagler
Park.
Council Member Jarriel shared his pride in the growth occurring in the City and County.
Council Member McAuley provided an update regarding House Bill 401 and the potential impact it would have
on the City.
Vice Mayor Clark noted she has a difficult time finding tenants for her commercial rental properties due to its
lack of OUA wastewater connection, expanding the system and making it affordable to connect will be a
benefit.
X. ADJOURNMENT
There being no further items of discussion, Mayor Watford adjourned the meeting at 7:13 P.M.
Lane Gamiotea, 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.
FEBRUARY 21,2023, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 2