CITY OF OKEECHOBEE OCTOBER 16, 2018, REGULAR CITY COUNCIL MEETING 55 SE 3 RD AVENUE COUNCIL CHAMBERS OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 9 I. CALL TO ORDER - Mayor October 16, 2018, City Council Regular Meeting, 6:00 P.M. Mayor Watford called the October 16, 2018, Regular City Council Meeting to order at 6:00 P.M. II. OPENING CEREMONIES: Invocation given by Pastor Don Hanna, First United Methodist Church; Pledge of Allegiance to be led by Mayor Watford. The invocation was offered by Pastor Hanna of the First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Wes Abney Council Member Noel A. Chandler Council Member Monica M. Clark Council Member Gary Ritter City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen Deputy Clerk Jenkins called the roll: Absent (with consent) Absent (with consent) IV. AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today s agenda. Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today s agenda. New Business Item IX.A was withdrawn. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford opened the floor for public comment on matters not on the agenda; there were none.
V. PRESENTATIONS AND PROCLAMATIONS A. Proclaim the month of October, 2018 as National Domestic Violence Awareness Month. OCTOBER 16, 2018 - REGULAR MEETING - PAGE 2 OF 9 Mayor Watford proclaimed the month of October, 2018 as National Domestic Violence Awareness Month. The proclamation was presented to Martha s House Executive Director Mr. Jonathan Bean. The document was read into the record as follows: Whereas, the crime of domestic violence violates an individual s privacy and dignity, security and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse including abuse to children and the elderly; and Whereas, the problems of domestic violence are not confined to any group or groups of people, but cut across all economic, racial, and societal barriers, and are supported by societal indifferences; and Whereas, the impact of domestic violence is wide ranging, directly effecting individuals and society as a whole, here in this community, throughout the United States and the world; and Whereas, it is battered women themselves who have been in the forefront of efforts to bring peace and equality to the home. Now, Therefore, in recognition of the important work done by domestic violence programs, I, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of October 2018 to be NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH and urge all citizens to actively participate in the scheduled activities and programs to work toward improving victim safety and holding perpetrators of domestic abuse accountable for their actions against individual victims and our society as a whole. VI. MINUTES - City Clerk A. Motion to approve the Summary of Council Action for the October 2, 2018, Regular Meeting. Council Member Clark moved to dispense with the reading and approved the Summary of Council Action for the October 2, 2018, Regular Meeting; seconded by Council Member Chandler. There was no discussion on this item. VII. WARRANT REGISTER - City Administrator A. Motion to approve the September, 2018 Warrant Register: General Fund... $507,889.59 Capital Improvement Projects Fund... $108,791.87 Public Facilities Improvement Fund... $ 23,489.22 Council Member Abney moved to approve the September, 2018 Warrant Register in the amounts: General Fund, five hundred seven thousand, eight hundred eighty-nine dollars and fifty-nine cents ($507,889.59); Capital Improvement Projects Fund, one hundred eight thousand, seven hundred ninety-one dollars and eighty-seven cents ($108,791.87); and Public Facilities Improvement Fund, twenty-three thousand, four hundred eighty-nine dollars and twenty-two cents ($23,489.22); seconded by Council Member Clark. There was no discussion on this item.
VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1175 by title only, regarding Land Development Regulation Text Amendment Petition No. 18-002-TA, to approve certain amendments in Chapters 66 and 70 of the Code of Ordinances - City Attorney (Exhibit 1). b) Vote on motion to read proposed Ordinance No. 1175 by title only. OCTOBER 16, 2018 - REGULAR MEETING - PAGE 3 OF 9 MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 P.M. Council Member Chandler moved to read proposed Ordinance No. 1175 by title only, regarding Land Development Regulation Text Amendment Petition No. 18-002-TA, to approve certain amendments in Chapters 66 and 70 of the Code of Ordinances; seconded by Council Member Clark. c) City Attorney to read proposed Ordinance No. 1175 by title only. 2.a) Motion to adopt proposed Ordinance No. 1175. b) Public discussion and comments. Attorney Cook read proposed Ordinance No. 1175 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUB-PART B, LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN AMENDMENT TO CHAPTER 66-GENERAL PROVISIONS, SECTION 66-1 TO INCLUDE A DEFINITION FOR MAGISTRATE; PROVIDING FOR AN AMENDMENT TO CHAPTER 70-ADMINISTRATION, SECTION 70-191 TO PROVIDE FOR ESTABLISHMENT AND COMPOSITION OF A MAGISTRATE; AMENDING SECTION 70-192 TO PROVIDE FOR POWERS AND DUTIES OF A MAGISTRATE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion and second by Council Members Clark and Abney to adopt proposed Ordinance No. 1175. Mayor Watford asked whether there were any questions or comments from the public; there were none. He explained Ordinance No. 1175 directly relates to Ordinance No. 1174, which was adopted October 2, 2018, abolished the Code Enforcement Board and established a Magistrate system. Attorney Cook explained the code enforcement process will temporarily be delayed until a Magistrate is hired. Attorney Cook and Administrator MontesDeOca were instructed to work on the Request for Qualification process, making it a priority, to hire a Magistrate. Ordinance No. 1175 proposes an amendment to Part II-Code of Ordinances, Subpart B-Land Development Regulations, Chapter 66-General Provisions, Section 66-1-Definitions, as follows: Magistrate means in the context of the City of Okeechobee, the magistrate is an appointed local official, and member of the Florida Bar, entrusted with the administration of codes and laws; he or she is the principal officer exercising governmental powers, or judicial functions in quasi-judicial proceedings before boards within the city; taking and receiving evidence, making findings of fact and conclusions of law, and issuing legally binding orders thereon. This definition shall apply in every section of City codes or ordinances that refer to Code Enforcement Board.
VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A.2.b) Public discussion and comments for proposed Ordinance No. 1175 continued. OCTOBER 16, 2018 - REGULAR MEETING - PAGE 4 OF 9 Chapter 70-Administration, Article II-City Council, Departments and Boards, Committees and Commission, Division 8-Code Enforcement Board, Section 70-191-Establishment and Composition is amended to read: There is hereby established a code enforcement board which shall consist of seven members and two alternates to be appointed by the city council. Members shall serve for overlapping terms of three years. Membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons. Pursuant to the authority of the City of Okeechobee set forth in Florida Statutes Chapter 162.03, the City enacts a system of enforcement of city codes, or such other duties as assigned by the City Council, and to retain a magistrate to hear, determine and issue orders on matters of code violations as may be filed by the code officer for the City of Okeechobee. The definition of magistrate shall apply in every section of City codes or ordinances that refer to Code Enforcement Board. Chapter 70-Administration, Article II-City Council, Departments and Boards, Committees and Commissions, Division 8-Code Enforcement Board, Section 70-192-Powers and Duties is amended to add the following: B. The position of magistrate shall be appointed by vote of the City Council after advertising for same. (1) The magistrate shall serve at the pleasure of the City Council and may be removed by the City Council at any time with or without cause. (2) The magistrate shall be a member of good standing with the Florida Bar, and be a resident of Okeechobee County, Florida. (3) The compensation of the magistrate shall be set by resolution of the City Council. (4) Although the code board is a quasi-judicial board, pursuant to Florida Statute 286.0114, the City of Okeechobee requires that at the public code enforcement meetings, the magistrate allow reasonable comment by members of the public if so requested. (5) The magistrate shall hear and determine code violations issuing from the code enforcement officer, and promptly issue its findings of fact, and conclusions of law, at the public meeting wherein the code violation is heard. IX. c) Vote on motion. CLOSE PUBLIC HEARING - MAYOR NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1173 by title only, and set November 27, 2018, as a Final Public Hearing date, amending the Firefighters Pension Plan - City Attorney (Exhibit 2). b) Vote on motion to read proposed Ordinance No. 1173 by title only and set Final Public Hearing date. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:18 P.M.
A.1.c) City Attorney to read proposed Ordinance No. 1173 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1173. b) Public discussion and comments. c) Vote on motion. OCTOBER 16, 2018 - REGULAR MEETING - PAGE 5 OF 9 B. Motion to adopt proposed Resolution No. 2018-06 in support of South Florida Water Management District s implementation of the Bluefield and Scott Dispersed Water Projects - City Attorney (Exhibit 3). Council Member Clark moved to adopt proposed Resolution No. 2018-06 in support of South Florida Water Management District s implementation of the Bluefield and Scott Dispersed Water Projects; seconded by Council Member Abney. The title of proposed Resolution No. 2018-06 reads as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; EXPRESSING SUPPORT FOR THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO IMPLEMENT THE BLUEFIELD AND SCOTT DISPERSED WATER PROJECTS FOR THE BENEFIT OF THE ST. LUCIE ESTUARY AND INDIAN RIVER LAGOON; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Abney questioned the third Whereas clause portion that reads due to toxic algal bloom which is caused by the freshwater releases. His concern is this sentence appears as the City agrees that Lake Okeechobee is the cause for the algal bloom. He asked that the Resolution be amended removing the words which is caused by the freshwater releases. Administrator MontesDeOca also made a recommendation for change, adding the word feet after acre in Section 1. Council Member Clark made a motion to amend proposed Resolution No. 2018-06 by removing the words which is caused by the freshwater releases and adding the word feet (as explained above); seconded by Council Member Abney. VOTE ON MOTION TO AMEND: CLARK YEA RITTER ABSENT MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED: CLARK YEA RITTER ABSENT MOTION CARRIED AS AMENDED.
C. Consider a Temporary Street Closing application submitted by First Baptist Church of Okeechobee for a Fall Family Festival on October 31, 2018 from 3:00 P.M. to 9:00 P.M., closing Southwest 4 th Street between Southwest 5 th and Southwest 6 th Avenues and any part of Southwest 5 th Avenue as the Police Department deems necessary for safety - City Administrator (Exhibit 4). OCTOBER 16, 2018 - REGULAR MEETING - PAGE 6 OF 9 Council Member Abney moved to approve a Temporary Street Closing Application submitted by First Baptist Church of Okeechobee to temporarily close a portion of Southwest 4 th Street between Southwest 5 th and 6 th Avenues, from 3:00 to 9:00 P.M. on October 31, 2018, for a Fall Family Festival; seconded by Council Member Chandler. There was a brief discussion on this item. WATFORD YEA ABNEY YEA CHANDLER YEA D. Motion to approve the sale of City Lots 19 and 20, Okeechobee Commerce Center, to Karl Davis and/or Assignees - City Administrator (Exhibit 5). Council Member Chandler moved to approve the sale of City Lots 19 and 20, OKEECHOBEE COMMERCE CENTER, to Karl Davis and/or Assignees in the amount of $120,000.00; seconded by Council Member Clark. Administrator MontesDeOca clarified the lots being purchased are 17, 17A, and 17B and total 3.497 acres. Mr. Davis originally contracted to purchase Lots 13 and 14, but due to the location of well points, the Contract was cancelled by both parties. The Administrator also recommended adding a clause to the Contract giving five years to develop the property noting the City also retains the right of first refusal should Mr. Davis wish to resale the lots. Ms. Jody Carter of Lake O Real Estate was present on behalf of Mr. Davis and explained KD Construction of Florida, the company owned by Mr. Davis, will be constructing a facility to manufacture metal beams on site. Mayor Watford voiced his concerns over the Deed being assignable and recommended a clause be added to the Contract stating the City must approve the assignment. Council Member Abney asked whether an appraisal had been performed on the subject lots; Administrator MontesDeOca verified that one had been completed. Council Member made a motion to amend the Contract to reflect the correct lots being sold as 17, 17A, and 17B [all of Lot 17, CITY COMMERCE CENTER, Plat Book 7, Pages 10 through 14, Public Records of Okeechobee County], to add a five year development clause, and to add a clause for assignment consent from the City; seconded by Council Member Abney. VOTE ON MOTION TO AMEND: CLARK YEA RITTER ABSENT MOTION TO AMEND CARRIED. VOTE ON AMENDED MOTION: CLARK YEA RITTER ABSENT MOTION CARRIED AS AMENDED.
E. Motion to approve a sole source contract with Global Mapping for the annual updates to City maps - City Clerk (Exhibit 6). F. Motion to award the purchase of a new Hustler Super Z Mower in the amount of $10,694.03 to Gilbert Outdoors - Public Works Director (Exhibit 7). G. Motion to award the purchase of eleven new 2019 Dodge Charger Police Package Squad Cars at a unit cost of $21,839.00, along with eleven spot lights at a unit cost of $149.00, to Auto Nation Chrysler Dodge Jeep Ram, Pembroke Pines, Florida under the Florida Sheriff s Association purchasing process - Chief Peterson (Exhibit 8). OCTOBER 16, 2018 - REGULAR MEETING - PAGE 7 OF 9 Motion and second by Council Members Clark and Abney to waive the formal bidding procedures (for a sole source purchase) and award the City s annual mapping services contract to Global Mapping in the amount of $8,800.00. As set out in the Code of Ordinances Section 2-288 for sole source purchasing, written justification from the City Clerk to the City Administrator was provided within Exhibit 6, explaining Global Mapping remains the consultant for certain mapping services provided to the Okeechobee County Property Appraiser s Office. By using the same firm, the costs to the City are reduced to update the Zoning, Future Land Use, and Subdivision Maps, as well as it maintains operational standards, and serves as the best working relationship with the County office. The amount is the same as last Fiscal Year. Motion and second by Council Members Clark and Chandler to approve the purchase of a new Hustler Super Z [HYPERDRIVE Vanguard 36 inch] Mower in the amount of $10,694.03 to Gilbert Outdoors. Explained in a memorandum in Exhibit 8, this purchase replaces an eight year old Bad Boy Mower. Quotes were also obtained from East Coast Mower Sales and Services $11,498.96, and Mat Miller Tractors $12,999.00. The mower is a Fiscal Year (FY) 2018-19 Public Facilities Improvement Fund Budgeted item at $15,500.00. Council Member Chandler moved to award the purchase of eleven 2019 Dodge Charger Police Package Squad Cars to Auto Nation Chrysler Dodge Jeep Ram, Pembroke Pines, Florida at a unit cost of $21,839.00, along with eleven spot lights at a unit cost of $149.00, under the Florida Sheriff s Association purchasing process; seconded by Council Member Clark. Chief Peterson explained this is the annual vehicle program, but are only purchasing eleven vehicles this year due to the purchase of a Harley Davidson motorcycle for the traffic unit.
H. Motion to award the purchase of a new 2019 Harley Davidson FLHP Motorcycle in the amount of $21,727.24 to Treasure Coast Harley Davidson - Chief Peterson (Exhibit 9). OCTOBER 16, 2018 - REGULAR MEETING - PAGE 8 OF 9 Council Member Abney moved to award the purchase of a new 2019 Harley Davidson FLHP Motorcycle in the amount of $21,727.24 to Treasure Coast Harley Davidson [of Stuart, Florida]; seconded by Council Member Clark. Chief Peterson explained to offset the cost of this purchase he opted to retain an Administration vehicle one additional year. The intention of this purchase is to enhance the services the Department provides without additional burden to the taxpayers. Sheriff Stephen has agreed to allow the motorcycle to be stored at the same facility the County stores their motorcycles. Major Hagan obtained two additional bids: Bruce Rossmeyer s Harley Davidson of Ormond Beach $22,070.00 (Florida Sheriff s Association State Contract), and Alligator Alley Harley Davidson of Fort Lauderdale $23,143.66. I. Motion to approve the purchase of a Stalker Mobile Roadside Radar with Trailer, Tow Harness, and Spare Tire in the amount of $24,458.00 - Chief Peterson (Exhibit 10). Motion and second by Council Members Abney and Clark (to waive the formal bidding procedures for a sole source purchase and) approve the purchase of two Stalker Mobile Roadside Radars with Trailer, Tow Harness, and Spare Tire in the amount of $24,458.00 to Applied Concepts, Inc. There was a brief discussion on this item, noting the approval to move forward with this purchase was made at the October 2, 2018, meeting. J. Motion to approve an Extension of Lease Agreement with the Chamber of Commerce of Okeechobee County - City Attorney (Exhibit 11). Motion and second by Council Members Chandler and Clark to approve an Extension of Lease Agreement with the Chamber of Commerce of Okeechobee County. Attorney Cook explained the current lease with the Chamber of Commerce of Okeechobee County, Florida expired on March 31, 2017. The renewal of the lease upon 60 days notice did not occur due to oversight. The City is offering an extension of 60 months commencing on October 1, 2018, and expiring on September 30, 2023. He added language to the extension detailing the City s maintenance responsibility versus what the Chamber is to maintain.
K. Consider a re-appointment as Liaison to the Chamber of Commerce of Okeechobee County - City Administrator L. Consider an appointment to the City Council for November 20, 2018 through January 7, 2019 - City Clerk (Exhibit 12). OCTOBER 16, 2018 - REGULAR MEETING - PAGE 9 OF 9 Administrator MontesDeOca explained the duties previously explained of the Liaison are no longer required. The Chamber has requested the duties of the Liaison only be that of discussing issues with the building. With the Public Works Department being responsible for this, the Administrator recommended appointing the Public Works Director to hold this position, adding this would fall under other duties as assigned in the position s job description. Council Member Clark had no objections to the change, as she is currently the City s Liaison to this Board. Mayor Watford appointed the position of Public Works Director to represent the City as Liaison to the Chamber of Commerce of Okeechobee County Board. Council Member Chandler was required to resign his seat effective November 20, 2108, to run for the position of Okeechobee County Commissioner. The effective date reflects the date the Oath of Office will be administered to the newly elected Commissioners. Although Council Member Chandler did not win the resign-to-run law required his resignation, leaving a vacant seat on the Council until January 7, 2019. The City Clerk was instructed to advertise the vacant position, accepting applications until September 26, 2018; the only application received was from Council Member Chandler. Council Member Clark moved to appoint Noel A. Chandler to the City Council for the period of November 20, 2018, through January 7, 2019; seconded by Council Member Abney. Council Member Chandler noted for the record he has a conflict of interest and will be abstaining from voting on this matter. WATFORD YEA ABNEY YEA CHANDLER ABSTAINED X. ADJOURNMENT - Mayor 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, he/she may need to insure 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. Mr. Chandler will take his Oath of Office at a date and time to be determined prior to November 20, 2018. There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 7:03 P.M. The next regular scheduled meeting is November 27, 2018. ATTEST: Lane Gamiotea, CMC, City Clerk Dowling R. Watford, Jr., Mayor Form 8B Memorandum of Voting Conflict for County, Municipal, and other Local Public Officers was filed by Council Member Chandler on October 16, 2018, in the Office of the City Clerk and made a part of the official record filed in the permanent Minute File for this meeting.