2024-07-16 V. A. Ex.2 • • MINUTE FILE
Exhibit 2
07/16/2024Ct
y of.K' •- CITY OF OKEECHOBEE, FLORIDA Peal V. 4.
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am� JULY 2, 2024, REGULAR CITY COUNCIL MEETING
i6 ���'� DRAFT MINUTES
I. CALL TO ORDER
Mayor Watford called the regular meeting of the City Council for the City of Okeechobee to order on July 2,
2024, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast 3,d Avenue (AVE), Room 200,
Okeechobee, Florida (FL). The invocation was offered by Pastor Don Hanna of the First Methodist Church;
followed by the Pledge of Allegiance led by Council Member McAuley.
II. ATTENDANCE
City Clerk Lane Gamiotea called the roll. Members present to establish a quorum: Mayor Dowling R. Watford,
Jr., Vice Mayor Monica M. Clark, Council Members Noel A. Chandler, Robert "Bob" Jarriel, and David R.
McAuley.
III. AGENDA AND PUBLIC COMMENTS
A. There were no requests for modifications to the agenda.
B. Motion and seconded by Council Members Jarriel and Chandler to adopt the agenda as published.
Motion Carried Unanimously.
C. One public comment card for issues not on the agenda was submitted by Mr. Jason Ferrell, a business
owner, who asked the Council to consider a discussion to allow fireworks sales within the City with
justification for the request. It was the consensus of the Council to instruct Administrator Ritter to
add this as a discussion item to a future Council Meeting agenda.
IV. PRESENTATIONS
A. Mayor Watford and Police Chief Donald Hagan recognized Officer Ramon Liberato for his years of
service. He was presented a pen engraved with his name and a framed Longevity Service Certificate,
read into the record as follows: "In recognition of your five years of service, hard work, and
dedication to the City, its citizens, and your fellow employees from June 3, 2019, through June 3,
2024." A copy of the certificate and letter were added to the Official Minute File, labeled as Exhibit 11.
V. CONSENT AGENDA
Motion and seconded by Council Members Chandler and McAuley to:
A. Dispense with the reading and approve the June 4, 2024, Regular Meeting Minutes [as presented in
Exhibit 1];
B. Approve the May 2024 Warrant Register [in the amounts: General Fund, $601,746.99; Capital
Improvement Projects Fund, $374,370.78; Public Facilities Improvement Fund, $52,382.69; Other Grant
Capital Fund, $11,620.48, and Industrial Development Grant Fund, $5.500.00 as presented in Exhibit
2]; and
C. Authorize Mayor Watford to execute a letter of approval for the distribution funds from the Edward Bryne
Memorial Justice Assistance Grant for the Okeechobee County Narcotics Task Force Project, to
accompany the Application submitted by the Sheriff's Office [as presented in Exhibit 3].
Motion Carried Unanimously.
VI. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:13 P.M.
A. Motion by Council Member Jarriel, seconded by Vice Mayor Clark to read by title only, proposed
Ordinance No. 1290, adopting Abandonment of Right-of-Way (ROW) Petition No. 24-001-SC, that will
vacate a portion of Northwest (NW) 5th AVE between NW 9th Street (ST) and the Railroad, submitted by
Jay and Stephanie Walpole [as presented in Exhibit 4].
Motion Carried Unanimously.
City Attorney Greg Hyden read into the record the title of proposed Ordinance No. 1290 as follows: "AN
ORDINANCE OF THE CITY OF OKEECHOBEE, FL; VACATING, AND ABANDONING A PORTION
OF NW 5TH AVE (FORMERLY KNOWN AS OSCEOLA ST) BETWEEN BLOCKS 46 AND 47,
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK (PB) 5,
PAGE (PG) 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL, AS SUBMITTED IN
ABANDONMENT OF ROW PETITION NO. 24-001-SC;
JULY 2. 2024. CITY COUNCIL REGULAR MEETING. PAGE 1 OF 4
• •
VI. PUBLIC HEARING CONTINUED
A. Continued. PROVIDING FOR RESERVING UNTO THE CITY, ITS SUCCESSORS AND ASSIGNS A
NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; PROVIDING FOR DIRECTING
THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF
THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FL; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE."
Motion by Vice Mayor Clark, seconded by Council Member Jarriel, to adopt proposed Ordinance No.
1290. Mayor Watford opened the floor for public comments, there were none. Roll Call Vote: Chandler
—Yea, Clark—Yea,Jarriel—Yea, McAuley—Yea,Watford—Yea.
Motion Carried Unanimously.
MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:15 P.M.
VII. NEW BUSNESS
A. Mr. Ilan Kaufer of FL Power& Light(FPL)gave a presentation on storm preparedness and the electronic
vehicle (EV) charging tariff for stations located on City property. He advised FPL is continuing their line
hardening project, with 76 percent of their lines now being underground or hardened and 96 percent of
their junctures being either concrete or steel. They have also implemented the usage of drones for line
assessment, leading to a quicker response to restore power. Following a storm, power is restored to
healthcare, first responders, and shelter facilities first. Then focus is on restoring power to as many
customers as quickly as possible. A government portal becomes active two to three days after a storm
event, which allows City Staff to share outage and power restoration information to the public that is
updated hourly. Mr. Kaufer also added that FPL Staff recently distributed 152 Hurricane Kits to Seniors
residing within the City and County through the County Senior Services Department. Administrator Ritter
extended the use of the Public Safety Building conference room to FPL Staff during storm events.
On the topic of EV charging stations, Mr. Kaufer reminded the Council, when the stations were installed
FPL did not have a mechanism to charge customers directly;the City has been billed for the electric and
then reimbursed by FPL. They have since switched to a merchant billing system which now allows them
to bill the customers directly. The current contract will need to be amended and approved by the Council.
This item was for informational purposes. No Official Action was taken at this meeting.
B. Motion by Council Member Jarriel, seconded by Vice Mayor Clark to approve naming Mayor Watford as
the Voting Delegate for the FL League of Cities Annual Conference on August 15, through 17, 2024, [as
presented in Exhibit 5].
Motion Carried Unanimously.
C. Motion and seconded by Council Members Chandler and McAuley to renew the Public Risk Management
Group Health Insurance [contract for Fiscal Year(FY) 2024-25], with the maximum monthly cost to the
City per employee per month of $1,099.07 and include an additional Health Savings Account option
05172/05173 [for employees to choose from, as presented in Exhibit 6].
Motion Carried Unanimously.
It was stated by Vice Mayor Clark, with no objections from the rest of the Council, for the record to note
that Staff has been instructed to let for bid the employee and dependent health insurance
coverage benefits and options for FY 2025-26.
D. Motion and seconded by Council Members Jarriel and Chandler to approve increasing the employer
contribution toward dependent health insurance coverage from $150.00 to $200.00 per employee per
month [as presented in Exhibit 7].
Motion Carried Unanimously.
E. As instructed at the March 5, 2024, meeting Staff provided to the Council separately from today's agenda
packet, the final Compensation Study including the Benefits Study, completed by Evergreen Solutions,
LLC.A copy of the Study was added to the Official Minute file, labeled as Exhibit 12. The Study provided
several recommendations. One was to address the employees who are underpaid based on Class Parity,
or what the salary should be based on the number of years within the current position, but not total years
with the City. Also, distributed at the meeting, and added to Exhibit 12, was a one page document
prepared by Finance Director Riedel providing the amount to implement the Class Parity salary
adjustments in one FY or spread out the adjustment over three FYs, and provide for a 3.4 percent, or a
4 percent Cost of Living Adjustment (COLA) for all positions. Lastly, a request for personnel changes
from Police Chief Hagan to re-implement the Major position and add a Corporal position to be held by a
current position (it was clarified this does not add another employee to the Department but provides for
a supervisory position for a current position).
DRAFT MINUTES JULY 2,2024,CITY COUNCIL REGULAR MEETING, PAGE 2 OF 4
• .
VII. NEW BUSINESS CONTINUED
E. Continued. To prepare the proposed FY 2024-25 Budget for the upcoming Workshops, Staff requested
direction on one of the options provided and Police Department personnel changes. Motion and
seconded by Council Members Jarriel and McAuley to present the FY 2024-25 proposed Budget by
implementing 33 percent of the Class Parity and provide for a 4 percent COLA.
Motion Carried Unanimously.
Due to this action, the Class Parity will be implemented over three FYs. However, the Council will make
the final decision during the Budget adoptions for FYs 2025-26 and 2026-27. There were no objections
noted to the Police Department personnel changes.
F. Motion and seconded by Council Members Chandler and Jarriel to approve the Memorandum of
Understanding with Freedom Baptist Church of Okeechobee for construction, access, and parking [on
Lots 11-12 of Block 8, SOUTH OKEECHOBEE, PB 1 PG 12, as presented in Exhibit 8].
Motion Carried Unanimously.
G. A discussion was had regarding whether to sell or donate City owned property located at the corner of
Southwest(SW) 3rd AVE and SW 23rd ST [Lots 6-7 of Block 5, ROYAL OAK ADDITION, PB 1 Pg 5], to
the Okeechobee Utility Authority (OUA) for construction of a lift station for the SW 5th AVE Vacuum
Collection System Project, Exhibit 9. Motion and seconded by Council Members Jarriel and Chandler to
declare the property as surplus and donate it to the OUA as part of the City's contribution toward the
Project.
Motion Carried Unanimously.
H. As requested by the majority of the Council, a discussion was had on options to amend the Mobile Food
Dispensing Vehicle(food trucks)regulations. Mr. Ron and Mrs. Lori Mixon, Mr. Jose Cruz, and Mr.Jason
Ferrell all addressed the Council in favor of leaving the food trucks regulations as adopted. However,
should the Council decide to adopt changes, Mr. Cruz requested the existing operations, located at 300
North Parrott AVE, be grandfathered in. He obtained written confirmation from the City Planner that at
least two food trucks would be allowed along with the commercial business he was opening, providing
all regulations were met. Council Member Chandler made a motion to leave the Ordinance as is; Motion
Died For Lack of Second. Council Member Jarriel moved to amend the Ordinance utilizing Solution One
(Two Day/One Truck Rule)as outlined in Exhibit 10,which would limit parcels to one food truck at a time
and would require food trucks to operate on a two day on/one day off cycle; Motion Died For Lack of
Second. Distributed at the meeting was a one-page spreadsheet providing the regulations on food trucks
from surrounding municipalities and counties, the document has been added to Exhibit 10.
A lengthy discussion was held without a clear resolution other than Mayor Watford, Vice Mayor Clark,
and Council Member Jarriel agreeing that food trucks should not stay on the properties overnight.
Attorney Hyden suggested, since this is a relatively new law putting the Council in somewhat uncharted
territory, legal counsel could provide some in-depth research on the issues noted. Since the Council
themselves were not unified in their direction, he was concerned with ensuring to give the very best
advice possible to keep the City from being sued or run afoul of the FL Statutes(FS). He listed the topics
that could be researched, those being: 1. Look into the option of requiring a Special Exception. The
preemption language stated in FS Section 509.102(2)(a) is difficult to interpret, a Special Exception
requirement could violate it, but it can be considered. 2. Definition of "mobile." Is it tied to a specific
property that cannot have food trucks on it every day or just the same food truck every day? Does the
definition mean a 24-hour period or other certain hours of time that food trucks would not be permitted
on particular property? 3. How would any amendments be implemented and their effect on any existing
food truck operations? 4. Review the FL Administrative Code to see whether they have expanded
guidance or provided more details to new Law.Also review the Code for any expansion to the definitions
related to this Law, and a greater definition for more permanent restaurant structures what would assist
in better defining of our regulations. 5. Provide feedback other municipalities have had with similar
ordinances and issues. 6. Research whether there is an Attorney General Opinion (AGO) on the matter
related to the new Law; if there is not, provide a recommendation for Council to decide for them to submit
an AGO on behalf of the City. If needed, the Council could also request the City Planner provide an
explanation of his interpretation of the current regulations. Excluding Council Member Chandler's
comment, that additional legal fees would not be incurred if no changes were made to the current
regulations; no objections were stated for the City Attorney to work on the above items for future
review and consideration.
VIII. CITY ATTORNEY UPDATE
• Working on the Declaration of Covenants and Restrictions for the Commerce Center.
• Continuing to gather information for Clerk Gamiotea's questions regarding Business Impact Estimate
Statements.
• Looking at alternative parking options for possible revisions to food truck regulations.
DRAFT MINUTES JULY 2,2024, CITY COUNCIL REGULAR MEETING,PAGE 3 OF 4
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VIII. CITY ATTORNEY UPDATE CONTINUED
• Zoning Opinion for Glenwood Park was resolved.
• Gathering information to update the Code of Ordinances based on the new Charter. Once compiled, this
information will be sent to Clerk Gamiotea and Administrator Ritter.
• Working with FL Department of Transportation to non-renew the Traffic Signal Maintenance Agreement.
• Corrections to the real estate contract sale with Advanced Medical Sanitation were resolved on June 5,
2024.
• The real estate contract sale with Landmark Precast was resolved on June 18, 2024, based on revisions
made by the developer.
• Still awaiting a reply from Code Enforcement Staff regarding the proposed amendments to the Code
Enforcement Special Magistrate Hearing regulations sent on May 1, 2024.
IX. CITY ADMINISTRATOR UPDATE
• City Hall Hardening Project update: He recently met with the engineer and architect, should be receiving
a draft of the construction drawings and bid documents by mid-July followed up by a final of construction
drawings and bid documents by the end of July.
• The sale of a portion of Tract A, Commerce Center property to Advanced Biomedical Solutions was
finalized, and Staff is beginning the same process for Lot 17.
X. COUNCIL COMMENTS
• Council Member Chandler advised he was taking his wife on vacation to celebrate 55 years of marriage.
• Council Member Jarriel wished everyone a Happy 4th of July; and mentioned the Property Appraiser and
his family were involved in a traffic accident while returning home from Texas and were fortunate to be
alive.
• Council Member McAuley added if a similar traffic accident happened here as it did to the Property
Appraiser and family, he hoped we would take care of the traveling family just as well as the Texas
community did.
XI. ADJOURNMENT
There being no further items of discussion, Mayor Watford adjourned the meeting at 8:25 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.
DRAFT MINUTES JULY 2,2024, CITY COUNCIL REGULAR MEETING,PAGE 4 OF 4