CITY OF LABELLE REGULAR COMMISSION MEETING JANUARY 12,2023 CALL TO ORDER Commissioner Vargas led the invocation. Commissioner Ratica then led the pledge of allegiance. Mayor Wilkins called the regular January meeting oft the City ofLaBelle Commission to order at 5:31 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. OPEN DISCUSSION (NON-PUBLIC HEARING ITEMS) PROCLAMATION DECLARINGJANUARY AS HUMANTRAPFICKING AWARENESS MONTH Mayor Wilkins presented aj proclamation from the City ofLaBelle declaring January to bel Human Trafficking Awareness Month to Sgt. Wanda Hainley oft the Hendry County Sheriff's Office while reading the proclamation aloud. Sgt. Hainley expressed her appreciation for the recognition on behalf of the Sheriff's Office. SWAMP GALA REQUEST FOR ALCOHOL organization to request approval to sell alcohol at the event. Kathryn Meador, a Southern Swamp Gala organizer explained that she was there on behalfofthe Commissioner Spratt congratulated the organizers oft the event on aj job well done the previous year. Commissioner Akin asked about al bonfire that was mentioned in the application. Mrs. Meador told the Ms. Nikki Yeager asked for the date, time, and location oft the Southern Swamp Gala. Mrs. Meador then stated the event would be on February 25, from 6:00 p.m. until midnight at the park on Forrey Drive. Commissioner Vargas asked about the proximity of the event to the baseball fields and ifa any barriers would be used. Mrs. Meador explained that the event was not close enough to the baseball fields to warrant the use Commission that a fire would only be had ift the weather required. ofbarriers. Commissioner Ratica motioned to approve the request. Commissioner Vargas seconded the motion. The motion carried 5-0. NIGHT ON THE TOWN ROADCLOSURE REQUEST Mayor Wilkins took up the next item on the agenda which was a request from the Chamber of Commerce to close certain roads downtown for an event. Jessi Zubaty, President oft the Chamber explained that the request was the same as in previous years' requests. After brief discussion on the date, and location, Commissioner Spratt motioned to approve the request for the road closure. Commissioner Ratica seconded the motion. The motion carried 5-0. AMENDMENT TO FORREY DRIVELEASE AGREEMENT Attorney Derek Rooney explained that the County had applied for a grant for the park on Forrey Drive and was denied due to a condition in the lease that indicated that no restrictions could be put on the property. The 1 proposed. amendment to the agreement would still not allow any restrictions unless related to grants for funding that the City would be in support of. Commissioner Ratica made a motion to approve the amendment to the agreement. Commissioner Akin seconded the motion. The motion carried. 5-0. Stephanie Sposato asked the Commission ift the park had ever been considered as a revenue source. She Commissioner Akin noted that the topic should be discussed att the Hendry-LaBelle Recreation Board meeting since they oversee park operations. There was brief discussion about the Recreation Board members and it was noted that meetings were had oni the third Thursday oft the month at 6:00 p.m. PUBLIC HEARINGS.ORDINANCES. RESOLUTIONS. ACTION. ITEMS FINAL READING OF PROPOSED ORDINANCE 2022-14 FAIR HOUSINGORDINANCE Attorney Rooney read the ordinance into the record. Hei noted that the purpose of the ordinançe was tied to the Community Development Block Grant (CDBG) for Ford and Sunset Park that the City had applied for. He explained that the fair housing ordinance was amended each time a grant had been applied forin order to Commissioner Vargas asked for clarification on the difference between the Federal and State guidelines. Attorney Rooney explained that the ordinance is modeling the guidelines set forth by the State toj provide explained ai few different ways the park could be utilized to generate revenue. keep up with guidelines. more legal protection should any litigation occur. Commissioner Akin motioned to accept Ordinance 2022-14, Commissioner Spratt seconded the motion. Commissioner Vargas noted his concern with how the word family was redefined. He explained that the definition had changed several times over the years, and he felt that it could lead to an unwanted culture shift Commissioner Spratt stated that the ordinance was needed to help the constituents in Ford and Sunset Park. Attorney Rooney further explained how the definition of family in the ordinance could affect other aspects of Mayor Wilkins told the Commission that the City could look into other funding sources for the needs in Ford Attorney Rooney then explained that the changes would most likely be needed if applying for funding from in the future. the code ifa conflict arose in the future. and Sunset Park without adopting the ordinance. another source as well. There was further discussion on funding from other sources. The motion carried 4-1. Commissioner Vargas was noti inj favor of the motion. BARRON: PARK FOOD TRUCK SPECIAL EXCEPTION MODIFICATION RESOLUTION2022-67 Alexis Crespo City Planner for the City ofI LaBelle explained that the request was to modify the current special exception to allow: for trailers up to twenty-four feet in length and also modified the hours. 2 There was conversation about the hours of operation and set up and breakdown. Kelly Boone oft thel LaBelle Downtown Revitalization Corporation explained that she would like thel hours Monday through Friday and the one Sunday a month to be from 11:00 a.m. to 8:00 p.m. Discussion continued on thel hours the food trucks would bei int the park. There was then brief conversation Commissioner Vargas motioned: to approve Resolution 2022-67 with the change in hours of11:00 a.m.- 8:00 p.m. Monday through Friday and 10:00 a.m.-6:00, p.m. on one Sunday a month inclusive ofset up. about the upcoming event in the park. Commissioner Spratt seconded the motion. The motion carried 5-0. PROPOSED RESOLUTION 2023-01. JIMENEZ PARKING VARIANCE REQUEST Ms. Crespo explained that the request was for a parking variance for a mini-warehouse that was going to be developed and that the use was permitted ini industrial zones. She further explained that the proposed plans were short on the required number of parking spaces according to the Land Development Code and that the applicant was requesting four spaces. She noted that the current code would require thirty-six spaçes and that ity would create a hardship for the applicant. Mayor Wilkins asked ifa any significant oak trees would need to be removed. Ms. Crespo stated that a site construction plan had not been submitted. Commissioner Vargas noted that the application showed that ten oak trees would need to be removed. There was then briefd discussion on the size oft the oak trees. Ms. Crespo stated that she would notify the applicant that at tree removal permit would be necessary prior to any removal of oak trees. Iris Barrientos stated that her mom lived close to the subject area and requested that someone translate for her mother in Spanish the request. Mayor Wilkins recessed the item while Josie Medina translated for the resident. Mayor Wilkins took up the next item while the translation was being done. CONSENT ORDER FROM FDEP EXECUTION Attorney Rooney explained why the consent order was necessary to continue improvements at the wastewater and water treatment plant and would help when securing funding to do SO. Commissioner Vargas noted the substantial daily fines listed in the consent order. Attorney Rooney explained that extensions could be applied for prior to having to pay the fines. He also stated the consent order would allow for the City to be moved up the list to receive funding. Commissioner Vargas motioned: to approve the execution oft the consent order) from FDEP. Commissioner. Akin seconded the motion. The motion carried. 5-0. Mayor Wilkins reopened the Jimenez Parking Variance Request hearing at 6:16 p.m. 3 Juana Andrea Menendez Ramirez stated in Spanish to the Commission that she was fine with the storage Commissioner Vargas motioned. to approve the parking variance. Resolution 2023-01 and to direct stafft to facility as being shown. Ms. Barrientos translated for her. update that part of the code. Commissioner Ratica seconded the motion. The motion carried 5-0. FIRST] READING OF PROPOSED ORDINANCE RELATING1 TOMUNICIPAL DOCKAGE Attorney Rooney read the ordinance into the record. He then explained that the ordinance would change the docking time periods and would add penalties and fines. He noted that he had changed it to no more than two consecutive stays for the total amount of days requested within one: month and that the fines and penalties Commissioner Vargas asked Zane Mungillo, Dock Master, and Code Enforcement Officer how the dock Mr. Mungillo explained that notifications would be sent to his phone through the Dockwa app. would be set in a separate resolution. regulations would be enforced. Commissioner Spratt asked when the software would start. Mr. Mungillo explained that ift the ordinance was approved at the second hearing in February, the software could be implemented immediately following the hearing. CONSENT AGENDA Mayor Wilkins took up the Consent Agenda. There was no discussion. Commissioner Akin motioned to approve the consent agenda. Commissioner Spratt seconded the motion. The motion carried 5-0. Mayor Wilkins asked the Commission what days they would be available for the meeting at Moss Landing. There was discussion on possible dates. Monday, January 30, and Tuesday, January 31 were decided upon. Jessi Zubaty then discussed with the Commission what they would like to use as a vehiçle in the Swamp Mayor Wilkins explained to the Commission that the City'si fence code was outdated and in need ofrevision. There was discussion on the current fence code restrictions and how they could be modified. Direction was There was then discussion on the possible times. Cabbage Parade. given to staff to move: forward with updating the fence code. BUSINESS! BY COMMISSIONERS Commissioner Akin had none to be discussed. Commissioner Ratica mentioned the Rib Fest event that was to be held the following weekend in Barron Park. 4 Commissioner Spratt told the Commission that a resident had approached her with concerns about the condition oft the roads throughout the City. She then asked if anyone had contacted FDOT about the rerouting oft the truck route through the City. Mayor Wilkins explained that there was a FDOT meeting coming up where the topic could be addressed. Commissioner. Akin also noted other topics that needed to be addressed with FDOT. Attorney Rooney encouraged engaging with FDOT district. He noted that ongoing and regular communications with FDOT could result in additional funding. Mayor Wilkins explained that there was money ini the paving fund and that overlays could be done on the City maintained roads. Discussion continued on which roads could use the paving and the funding to do SO. Attorney Rooney told the Commission that he had been in contact with County staff to develop an interlocal Commissioner Vargas told the Commission that a resident had approached him with concerns about the laundry mat next to the Contreras Restaurant. The concerns had to do with the lack of restrooms in the business. There was then discussion on the code and the requirement for ai restroom inj public spaces. Commissioner Vargas also brought up a property in his neighborhood that was running a sod company out of Mr. Mungillo told the Commission that a letter was being sent to the owner oft the property regarding the tree The Fire Inspector Josh Rimes told the Commission that he had spoken with the owner oft the laundry mat and that the restroom had been closed due to vandalism, and that the owner was in thej process of getting it agreement to coordinate efforts for road maintenance. the house and had also cut down significant oak trees without approval. removal. fixed. Commissioner. Ratica motioned: to adjourn. Commissioner Spratt seconded. the motion. The meeting adjourned at 6:51. APPROVED: Attest: PglL Tasary 5