CITY OF LABELLE REGULAR COMMISSION MEETING FEBRUARY 09, 2023  CALL TO ORDER  Mayor Wilkins called the regular February meeting oft the City ofLaBelle Commission to order at 5:42 p.m. A roll call was taken. Members present were Commissioner Hugo Vargas, Commissioner Bobbie Spratt,  Mayor Julie Wilkins, Commissioner Jackie Ratica, and Commissioner Daniel Akin. HENDRY COUNTY INTERLOCAL AGREEMENT DISCUSSION  NON-PUBLIC HEARINGITEMS  Attorney Derek Rooney introduced the item to the Commission. He explained that this item began as a way toc coordinate with the County for the maintenance ofthe roads inl Ford and Sunset Parks. He stated asked the Commissioner to consideri including additional services on ai fee basis and to expand the scope ofthe Shane Parker, Hendry County Engineer told the Commission that the County Commission already approved the agreement for road maintenance and advised that the City keep the agreement open to other services. He explained how the agreement would work, and that payment would be needed for the equipment, fuel, and  agreement.  operators. Hei recommended leaving the agreement open for additional uses. Commissioner Spratt noted that the agreement should have been made year ago. Mayor Wilkins said that she would like the roads to go on a regular maintenance schedule.  Mr. Parker explained to the Commission how the City could utilize the County's fuel farm. He noted that a  key code would be issued for after-hours use.  Commissioner Ratica noted that the City could also help the County when needed.  Mr. Parker explained that two agreements would be needed, one for the fuel and one fori the equipment. SECOND AMENDMENTTOTHIRD, AMENDED AND RESTATED INTERLOCAL RECREATIONAL Attorney Rooney explained that the agreement with the Recreation Board stated that the County would Commissioner Vargas made a motion to approve the second amendment to the third amended and  AGREEMENT  handle all the reservations for the rodeo.  restated interlocal recreation agreement. Commissioner Spratt seconded the motion. The motion carried. 5-0.  OPEN DISCUSSION NON-PUBLIC HEARING ITEMS)  Michael Taylor addressed the Commission for direction on how to possibly get a variance for a sign at his Attorney Rooney explained that ift the sign was in the: right of way that the variance process would need to be followed in order for the sign to remain. He then directed Mr. Taylor to meet with staff to discuss the process  business.  and options.    Mr. Taylor then discussed the alleyway behind the Hungry Howies store that he owned. He explained that repairs were again needed on1 the alleyway and he requested that the City pay ini full or contribute funds for the repairs that he had already paid tol have done ini the amount of$13,000.00. There was discussion on the Attorney Rooney explained that the alley was an easement held in a trust by the City for the public's benefit that belonged to the adjacent property owner and that the City did not have an obligation to maintain the alley. He noted that it could be vacated and become the sole responsibility oft the adjacent property owner.  use and ownership of the alleyway.  There was discussion on who was responsible for the maintenance of certain portions. Mr. Taylor asked ifthe alley could be made to only allow traffic to travel one way. Attorney Rooney recommended that any work done ini the right of way be properly permitted. There was more discussion on the direction that traffic would travel through the alleyway and staff was  directed to: follow up with Mr. Taylor.  PUBLIC. HEARINGS.ORDINANCES.RESOLUTIONS. ACTION) ITEMS Commissioner Akin recused himselfi from discussing or voting on the item.  CULVERS SPECIAL EXCEPTION/TREE REMOVAL associated with the broker oft the sale oft the property.  Attorney Rooney explained that Commissioner Akin indicated that there was a conflict due to him being Alexis Crespo, City Planner explained that the request was to allow for a fast-food restaurant in the State Road 80 overlay district and to remove four significant oak trees. She provided an overview oft thej property and its current zoning. She provided elevations of the proposed restaurant and explained which trees would bei removed and where they would be replanted on site. She recommended approval with conditions. She Blair Knighting, representing the applicant introduced herself and noted that they agreed with all the  then listed the twelve conditions that were noted in her staff report.  conditions, and offered to answer questions.  Commissioner Vargas motioned. to approve the special exception and tree removal request with the noted  conditions. Commissioner Ratica seconded the motion. The motion carried. 3-1.  Commissioner Spratt was, not in favor. Commissioner. Akin recused himself from voting. FINAL READING OF PROPOSED ORDINANCE 2023-01 RELATING TOJ MUNICIPAL DOCKAGE  Attorney Rooney read the ordinance by title into the record. Zane Mungillo, Code Enforcement Officer introduced himself.  Attorney Rooney explained to the public that the changes being proposed effected the length of stay and the Commissioner Spratt asked ifthel Dockwa Software was ready to go. Mr. Mungillo stated that Dockwa was  fees to be charged at the City dock.  ready.  2    There was then conversation about the replacement oft the bumpers at the docks.  There was no public comment.  Commissioner Ratica motioned to adopt Ordinance 2023-01. Commissioner. Akin seconded the motion. The motion carried 5-0.  Commissioner Spratt asked about the removal ofa a derelict boat in the river. Mr. Mungillo explained that the boat was located in Glades County, but he would reach out to Florida Fish and Wildlife to inform them oft the  boat.  LINCOLN. AVENUE TIRE RECYCLING SPECIAL EXCEPTION-RESOLUTION2 2022-57 Ms. Crespo explained that the special exception request was to allow for a salvage junkyard salvage facility within an! 12 zoning district limited toi indoor tire recycling only. She gave an overview oft the property and its current zoning. She gave a brief description oft the proposed facility and then listed the suggested conditions There was brief discussion on the required improvement of Grand Avenue for truck traffic. Gary Hull, Superintendent of Public Works recommended that the improvement of Grand Avenue be extended to the east line of the property, rather than just to the driveway as noted in the conditions. Commissioner Vargas asked that Mr. Hull's recommendation be added to the list ofconditions. Maria Renal provided clarification on the type oftrucks being used and what trucks would bej parked at the facility overnight, as well as where the loading and unloading of the tires would take place. There was then discussion on the size oft the buildings in the immediate future and the plans to possibly expand later if Mayor Wilkins noted that neighbors were concerned about the noise from the trucks. Ms. Renal said that the Ms. Renal confirmed that there would be no odor because they were not burning the tires, that no tires were Cindy Pearce asked for clarification on why the change oft the zoning was being done with only one hearing. Attorney Rooney explained that the zone was not being changed and that the proposed use was only Ms. Pearce then expressed her concern and opposition to the facility being built SO close to a residential area Kasey Stanley-Lynn agreed with Ms. Pearce. She expressed her concern about the possible fire hazards, and Eloisa Arriaga explained that her greatest concern with the project was the possible fire hazards and the  shej provided in her staff report.  needed.  box trucks they use do not have backup beepers.  to be stacked outside, and that all operations would occur inside the enclosed building.  permitted in the zone by special exception which requires only one hearing.  due to truck traffic and noise pollution.  truck traffic associated with the facility being built. possible odor that could come from the tires.  3    Leonard Enriquez asked for clarification on where the tires would be unloaded. He also asked what size the Alexis Crespo noted that all activities needed to occur indoors and that she would include loading and unloading into that condition. She then explained that during the building permit review process that the fire Attorney Rooney noted that he had researched a similar tire recycling facility in Miami and could not find Josh Rimes, the Fire Inspector explained that the fire hazards would come from the machinery rather than the tires themselves. He explained that the proposed building required a sprinkler system and would have to meet the fire flow requirement. He noted that the applicant may have to store water on-site to supply the Commissioner Vargas asked the applicant ifa ventilation system would be necessary to filter the dust that may result from the shredding oft the tires. Ms. Renal stated that it would not be necessary. Commissioner Vargas asked if the concrete pad was for the loading and unloading oft the tires. Ms. Renal then explained that the tires would be moved directly from the truck to a conveyor belt located Ms. Renal explained to the Commission that their goal was to clean up discarded tires and bring business to  tires would be shredded to and mentioned his fire conçerns.  inspector would ensure that the NFPA Codes are met. any code violations pertaining to noise.  sprinkler system.  inside the building. the town.  Commissioner Akin expressed his desire for additional details on the building.  Ms. Crespo provided al list oft the current permitted uses for the property. She then provided a summary of the There was discussion on where the bay doors would be located on the building. Commissioner Vargas requested that a condition be added that the bay doors only be located on the south side oft the building and to Octavio Sarviento explained that the building would be located far enough from the road that there would be  changes mentioned by the Commissioners.  have the employee entrance be on the north side.  no fumes or noise, and the building would not be able to be seen by neighbors. The conversation then continued on the location ofthe bay doors on the building. Eloisa Arriaga explained further her concern with the noise that would come from the trucks.  Ms. Crespo noted that the noise condition was condition six.  Kathleen Stanley-Lynn voiced her concern with the possible amount oft truck traffic.  LaBelle Fire Department Chief Brent Stevens explained that the building would constitute the: need fora  ladder firetruck due to the height of the building.  4    Commissioner Vargas noted that the abutting properties were zoned industrial. He also noted that the  applicant was doing everything they could to meet the requested conditions.  Commissioner Spratt agreed with Commissioner Vargas. details on what the building would look like.  Commissioner Ratica was also in agreement with Commissioners Spratt and Vargas and requested additional  Commissioner Akin requested a larger berm and additional detail about the building. Ms. Renal reassured the Commission of! her willingness to cooperate with the City. There was then conversation on the implementation ofi impact fees toj provide a ladder firei truck. Commissioner Vargas made a motion to approve the special exception with the conditions stated in the  staff report and the additional conditions requested during the meeting.  Ms. Crespo then listed the additional conditions. Lincoln Avenue which was then added to the conditions.  Superintendent Gary Hull suggested that the elevation oft the berm be the same as the road elevation of  Commissioner Ratica seconded the motion. The motion carried. 3-2 Commissioners. Akin and Wilkins were not inj favor. Mayor Wilkins recessed the meeting at 7:10p.m. The meeting readjourned at 7:15.  FIRST READING OF PROPOSED ORDINANCE 2022-131 KMINVESIMENTS PUD AMENDMENT Ms. Crespo provided an overview ofthe proposed hotel development and noted the additional conditions  recommended by staff.  Attorney Rooney then read the Ordinance into the record by title.  Gracie Morton, the adjacent property owner provided a slide show which showed the close proximity between her house and the proposed hotel site. She expressed her concern about the possible light and noise Linda Peeples Martin addressed the Commission with her concern about the additional traffic the hotel Mayor Wilkins called on Beverly Curtis to address the Commission. Ms. Curtis stated that she wanted her Harold Curtis expressed his concern about how traffic would enter the hotel from SR 80 as well as the height  pollution from trucks and the outdoor activity at the hotel.  would bring to the neighborhood. time tol be given to Mr. Bob Burns.  of the buffer on the north side ofthe project.  5    Sandra Keith also deferred her time to Mr. Burns.  Tim Keith expressed his concern with the large size oft the hotel in relation to the small size oft the property.  He also noted concern with the ingress and egress into the property.  Charles Hamil deferred his time to Mr. Burns. Alison Burns deferred her time to Mr. Burns as well.  Bob Burns explained his concern for traffic congestion, loss ofproperty value, increased wear and tear of the roadways, and the lack ofinfrastructure. He stated that the lot size was not suitable for the size ofthe Allen Pickles suggested a larger wall and noted that due to the height oft the building, a ladder truck should  building. bej purchased.  Commissioner Ratica asked Mr. Al Quattrone about the entrance to the hotel from SR 80.  Al Quattrone, the engineer for the project explained that at traffic study would need to be done to determine Mayor Wilkins asked for more detailed elevations and renderings of the building at the next reading.  the entry and exit pathways.  There was discussion about the possible elevation oft the fences and berms.  There was additional conversation about the entry and exit ways into the property as well as the stormwater  retention.  Bob Burns then expressed his concerns about the stormwater runoff. POTENTIAL PROPERTY PURCHASE AGREEMENT  Attorney Derek Rooney stated the Mayor had asked him to look at aj piece of property that was for sale by David Farmer for the City to purchase. He stated that it was adjacent to Barron Park with one intervening Commissioner Spratt noted that she was adamantly opposed to the City purchasing the property. Commissioner Akin recused himself from voting on the subject due to the broker he worked for handling the  piece of property in between.  sale ofthe property.  There was discussion on what the property would be used for by the City.  Kelly Boone asked ift the property could possibly be used to expand the downtown area. Discussion continued on the possible uses for the property and the cost of the property.  Allen Pickles noted that permission may not be granted by the Army Corp. of Engineers for the property to  be developed.  6    There was further discussion on the future uses oft the property ift the City were to purchase it.  Kelly Boone noted her excitement for the potential purchase.  Attorney Rooney asked Harold Curtis ift the family had any plans for the intervening property after Mr. David Curtis' passing. Mr. Harold Curtis did not have any knowledge of such information. Mr. Curtis then suggested clearing the lot that the art gallery was on for additional room for the downtown area. He noted  that the building was in very poor condition.  There was then conversation about how to purchase both parcels of property in the future.  The Mayor then directed stafft to work on options for the purchasing oft the properties and to bring it forward  at the March meeting.  ADDITIONAL PUBLIC COMMENT  Leonard Enriquez then spoke on the FDOT plans for a second bridge, and a possible bypass. He then asked Mayor Wilkins explained that she had spoken with FDOT Secretary Nandam. She stated that he informed her that al bypass would require a study and that an additional bridge for the bypass would also require a Attorney Rooney gave an overview oft the FDOT process for large projects such as the one in LaBelle. He explained that FDOT was planning to set upi individual meetings with the Commissioners to discuss options. There was discussion on the timeline oft the project, and how public concerns about the options provided Kelly Boone and Attorney Rooney discussed what stage in the planning process FDOT was currently at. They also discussed whether or not at traffic consultant would be valuable at that point in the process. There was then conversation on whether or not there would be one or two bridges, where they would be Josh Rimes provided a description of the previous options provided by FDOT from previous years. Gayle Perry noted that FDOT had said that ai truck study had not been done since 2019. She also noted that John Lojohn said that traffic gets backed up when the bridge is up and that most large cities have bypass  the Commission for an update on what was going on.  separate study.  were to be addressed.  located and ift the City was able to say reject all of the options.  the two one-way roads option was the best option. roads and frontage roads for access to businesses.  Commissioner Spratt again suggested using Helms Road as al bypass truck route. Kelly Boone asked ifi it were possible to request ifFDOT maintain additional side roads. There was discussion on possibly having a workshop to further discuss the issues and aj possible joint  workshop with the County.  7    CONSENT AGENDA  Mayor Wilkins took up the Consent Agenda. There was no discussion.  Commissioner Spratt motioned. to approve the consent agenda. Commissioner Ratica seconded the motion. The motion carried 5-0.  BUSINESS BY COMMISSIONERS  Commissioner Akin expressed his desire to stay on top oft the FDOT situation. Mayor Wilkins introduced Deputy George to the Commission as the new City Deputy.  Commissioner Ratica informed the Commission that residents were making complaints about the speeding through town and the condition of the FDOT sidewalks. She then told the Commission that LaBelle Downtown Revitalization Corporation would like to put sponsored banners up downtown that would change Commissioner Spratt commended the Commission on their meeting atl Moss Landing. She then asked Mr. Mr. Hull explained that the streetlight request would need to be submitted to FPL and that he needed direction from the Commission to put up a stop sign. Mayor Wilkins then directed him toj put the referenced Commissioner Vargas updated the Commission on his recent attendance at several events. He told the Commission that he was trying to gatheri information about the current strain on the school system and Mayor Wilkins reminded the Commission that the City was under a consent order from FDEP that would help fund master plans. There was discussion on aj possible workshop with Woodard and Curran to further  quarterly.  Hull for an update on the action items from the meeting.  stop sign up.  infrastructure.  educate the Commissioners.  Commissioner Spratt motioned to adjourn. Commissioner. Ratica seconded the motion. The meeting was adjourned at. 8:58 p.m.  APPROVED:  Julig/C.Wilkins, Mayor Guch  Attest:  NAD abati Jessi Zubaty, Deputy CityClerk  /  8