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2023-07-18 Draft Minutes 1 I oef'" " CITY OF OKEECHOBEE, FLORIDA o kY� DULY 18, 2023, REGULAR CITY COUNCIL MEETING ��ik 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 July 18, 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 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, 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 AGENDA AND PUBLIC COMMENTS A. There were no requests for items to be added, deferred, or withdrawn from the agenda.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 by Council Member Jarriel, second by Vice Mayor Clark to approve the agenda as published. Motion Carried Unanimously. C. There were no comment cards submitted for public participation for issues not on the agenda. IV. PRESENTATIONS A. Mayor Watford and Police Chief Donald Hagan recognized Officer/Detective Savanna Yates for her years of service. She was presented with an engraved pen and a framed Longevity Service Certificate, read into the record as follows: "Longevity Service Certificate presented to Savanna R. Yates in recognition of your 5 years of service, hard work,and dedication to the City,its citizens,and your fellow employees from July 7,2018 through July 7,2023. Presented on this 18th day of July 2023 on behalf of the City Council for the City of Okeechobee, Florida." B. Officers Dalton Pitts and Rafael Castaneda were honored with being presented a Lifesaving Award by Mayor Watford, Chief Hagan, Deputy Fire Chief Justin Hazellief, and many members of the Police Department. The framed certificate was read into the record as follows: "In recognition for his extraordinary Heroism on June 3, 2023,when he forcefully entered a burning apartment, with no regard to his personal safety, which saved the life of a citizen who was locked inside. He has thereby earned respect and admiration for himself and the Department with his display of conspicuous initiative, capability, and attention to duty. Presented on this 18th day of July 2023 on behalf of the City Council for the City of Okeechobee, Florida." V. CONSENT AGENDA Motion and second by Council Members Chandler and Jarriel to: A. Dispense with the reading and approve the Minutes from June 6,2023, and June 20,2023[as presented]; and B. Approve the June 2023 Warrant Register[in the amounts: General Fund, $430,767.78; Public Facilities Improvement Fund, $17,343.26; Capital Improvement Projects Fund, $352,499.57; and Appropriations Grant Fund, $675.00; as presented]. Motion Carried Unanimously. VI. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:17 P.M. A. Motion by Council Member Chandler, second by Vice Mayor Clark to read by title only, proposed Ordinance No. 1272,for Land Development Regulations(LDR)Text Amendment Application No.23-001- TA, amending and creating regulations for mobile food dispensing vehicles(food trucks)within Chapters 14 and 90 of the Code of Ordinances [as presented in Exhibit 1]. Motion Carried Unanimously. City Attorney Greg Hyden read the title of proposed Ordinance No. 1272 into the record as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE REGULATION OF THE OPERATION OF MOBILE FOOD DISPENSING VEHICLES (MFDV)WITHIN THE CITY LIMITS, LDR TEXT AMENDMENT APPLICATION NO. 23-001-TA; AMENDING PART II OF THE CITY CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE WITHIN CHAPTER 14 BUSINESSES, BY SPECIFICALLY AMENDING ARTICLE VI MFDV, ALLOWING FOR OPERATION OF MFDV AT HOUSES OF WORSHIP AND IN THE COMMERCIAL PROFESSIONAL OFFICE (CPO), LIGHT COMMERCIAL (CLT), HEAVY COMMERCIAL(CHV), CENTRAL BUSINESS DISTRICT (CBD), DRAFT JULY 18,2023,CITY COUNCIL REGULAR MEETING, PAGE 1 OF 4 VI. PUBLIC HEARING CONTINUED A. Continued. AND INDUSTRIAL (IND) ZONING DISTRICTS AND ALLOWING FOR OPERATION OF MFDV IN CONJUNCTION WITH A TEMPORARY USE PERMIT;AND WITHIN CHAPTER 90 ZONING, BY SPECIFICALLY AMENDING ARTICLE III DISTRICT AND DISTRICT REGULATIONS,ALLOWING FOR MFDV AS A SPECIAL EXCEPTION USE IN THE CPO, CLT, CHV, CBD, AND IND ZONING DISTRICTS AND ARTICLE IV, SUPPLEMENTARY DISTRICT REGULATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE." Motion by Vice Mayor Clark, second by Council Member Chandler to adopt proposed Ordinance No. 1272.There were no comments from the public. Roll Call Vote: Chandler—Yea, Clark—Yea,Jarriel —Yea, McAuley—Yea, Watford—Yea. Motion Carried. B. Motion and second by Council Members Jarriel and McAuley to read by title only, proposed Ordinance No. 1276, for LDR Text Amendment Application No. 23-003-TA, adding storm shutter regulations within Chapter 90 of the Code of Ordinances [as presented in Exhibit 2]. Motion Carried Unanimously. Attorney Hyden read the title of proposed Ordinance No. 1276 into the record as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CITY OF OKEECHOBEE CODE OF ORDINANCES, SUBPART B LDR, CHAPTER 90 ZONING, ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, DIVISION 1 GENERALLY, ADDING A NEW SECTION 90-84,DEFINING PERIODS DURING WHICH STORM SHUTTERS MAY NOT REMAIN IN PLACE AND PROVIDING EXCEPTIONS, AS SUBMITTED IN LAND DEVELOPMENT TEXT AMENDMENT APPLICATION NO. 23-003-TA; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion by Vice Mayor Clark', second by Council Member Chandler, to adopt proposed Ordinance No. 1276.There were no comments from the public. Motion by Vice Mayor Clark,second by Council Member McAuley to postpone the motion on the floor to adopt proposed Ordinance No. 1276,to August 15, 2023. Motion to Postpone Carried Unanimously. C. Motion by Vice Mayor Clark, second by Council Member McAuley to read by title only, proposed Ordinance No. 1277, regarding Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 23-001-SSA, submitted by Roland Mossel, to reclassify 0.33+/- acres located in the 100 block of Northwest 11th Street,from Commercial(C)to Multi-Family Residential (MFR), Legal Description:Lots 25 and 26 of Block 19,OKEECHOBEE,Plat Book 5, Page 5,Okeechobee County public records [as presented in Exhibit 3]. Motion Carried Unanimously. Attorney Hyden read the title of proposed Ordinance No. 1277 into the record 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 FLUM ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM C TO MFR, APPLICATION NO. 23-001-SSA; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FLUM IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion by Vice Mayor Clark, second by Council Member Chandler to adopt proposed Ordinance No. 1277. City Planner Ben Smith, attending remotely via Zoom, reviewed the Planning Staff Report. The Planning Board and Planning Staff recommend approval. Clerk Gamiotea stated for the record 20 courtesy notices were mailed to the property owners,advertisements,and one sign were properly posted, with no objections or comments received to date. There were no public comments. Roll Call Vote: Chandler — Yea, Clark — No, Jarriel — No, McAuley — Yea, Watford — Yea. Motion Carried Three to Two. D. Motion and second by Council Members McAuley and Jarriel to read by title only proposed Ordinance No. 1278, amending Chapter 58 of the Code of Ordinances and requiring connection to the public water and/or sewer systems [as presented in Exhibit 4]. Motion Carried Unanimously. Attorney Hyden read the title of proposed Ordinance No. 1278 into the record as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CODE OF ORDINANCES, SUBPART A GENERAL ORDINANCES, CHAPTER 58 UTILITIES, ARTICLE III SEWERS AND SEWAGE DISPOSAL, SPECIFICALLY AMENDING SECTION 58-72 USE OF PUBLIC SEWERS REQUIRED, CREATING NEW REQUIREMENTS FOR CONNECTION TO THE PUBLIC SEWER SYSTEM; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." DRAFT JULY 18,2023,CITY COUNCIL REGULAR MEETING, PAGE 2 OF 4 VI. PUBLIC HEARING CONTINUED D. Continued. Motion and second by Council Members Chandler and McAuley to adopt proposed Ordinance No. 1278. There were no comments from the public. Mr. John Hayford, Executive Director, Okeechobee Utility Authority (OUA), responded to questions from the Council. Motion by Vice Mayor Clark, second by Council Member Jarriel to postpone the motion on the floor to adopt proposed Ordinance No. 1278 to August 15, 2023, to allow time for: Mr. Hayford to request the OUA Board of Directors offer financing for the house to street sewer construction and abandon the septic tank costs and report their response; Administrator Ritter to research and report his findings on what financing options or flexibility other municipalities are offering their residents on this issue; City Attorney to research and report the process for creating an assessment by the City to finance the costs. Motion to Postpone Carried Unanimously. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 7:47 P.M. VII. NEW BUSINESS A. Motion by Council Member Jarriel, second by Vice Mayor Clark to approve the School Resource Officer Agreement with Okeechobee Christian Academy [for School Years 2023-24 and 2024-25 as presented in Exhibit 5]. Motion Carried Unanimously. B. Motion by Council Member Chandler, second by Vice Mayor Clark to approve the maximum Millage Rate for advertisement for 2023 Tax Notice, Millage Rate of 6.8987 for Budget Year 2023-24 [as presented in Exhibit 6]. Motion Carried Three to Two with Clark and Jarriel Voting No. C. Motion and second by Council Members Jarriel and McAuley to approve the budget calendar for the Fiscal Year 2023-24, setting Workshops for August 1, 2023, and August 15, 2023, following the regular City Council meeting commencing at 5:00 P.M., First Budget Hearing for September 5, 2023, at 6:00 P.M. during the regular City Council meeting, and reschedule the regular City Council meeting to be held September 19, 2023, to the same date as the Final Budget Hearing on September 25, 2023, at 6:00 P.M. [as presented in Revised Exhibit 7 and correcting the display advertisement date from September 22nd to 20th]. Motion Carried Unanimously. D. Motion and second by Council Members Chandler and McAuley to award a contract [not to exceed $35,000.00] for RFQ No.PW 03-32-05-23, Landscape Maintenance and Installation Services, to Nunez Lawncare and Landscaping, Inc. [as presented in Exhibit 8 for August 1, 2023, through September 30, 2023]. Motion Carried Unanimously. E. Motion by Council Member Jarriel, second by Vice Mayor Clark to award a contract for Bid No. PW 04-10- 05-23, City of Okeechobee SE 4th Street Drainage and Improvements to Johnson-Davis, Incorporated [Florida Department of Environmental Protection (FDEP)Grant No. LPQ0007,not to exceed$218,500.00, as presented in Revised Exhibit;9]. Motion Carried Unanimously. F. Administrator Ritter requested a discussion regarding the addition of a restroom facility to Block A/Park No. 4, of FLAGLER PARK. There was not a consensus for any official action at this time. G. Administrator Ritter explained the City had been invited to enter an Amicus Brief with other challengers as a means to deal with the Army Corp of Engineers failure to follow mandates regarding the Water Resources Development Act of 2000 water savings clause. The Council instructed Administrator Ritter to thank them for the invitation but graciously decline. VIII. CITY ATTORNEY UPDATE • Working on Technical Review Committee code amendment; • Compensation Study and a Medical Services Contract renewal provided to Staff; • Request for Proposals for Auditing Services reviewed; • Resolution with updated Residential Rates for WM progressing; • Cattlemen's Square Opinion of Title, pending response from FDEP; • Continuing to work on City Code Updates required due to new Charter; • Building Permit Fee resolution is pending rewrite as an ordinance; • Drafting ordinance banning medical marijuana dispensaries. IX. CITY ADMINISTRATOR UPDATE • Meeting with South Florida Water Management District to discuss the permit for Commerce Center; • Business has expressed an interest in purchasing three lots in Commerce Park, property to be reappraised; • Provided an update on meeting with WM representatives, additional carts can be purchased by customers for$24.00. DRAFT JULY 18,2023, CITY COUNCIL REGULAR MEETING, PAGE 3 OF 4 X. COUNCIL COMMENTS Council Member Chandler: • Questioned the deterioration of a section of South Parrott Avenue and who is responsible for the repairs, Public Works Director David Allen to investigate; • Provided a reminder of the Treasure Coast Regional League of Cities and Treasure Coast Council of Local Governments joint meeting and BBQ luncheon to be held at the Methodist Church on July 19, 2023. XI. ADJOURNMENT There being no further items of discussion, Mayor Watford adjourned the meeting at 8:52 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. 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