CITY OF LABELLE AUGUST 3, 2023  REGULAR COMMISSION MEETING  CALLTO ORDER  Mayor Wilkins called the regular commission meeting to order at 5:55 p.m. Aroll call was taken. Members present were Commissioner Hugo Vargas, Commissioner Bobbie Spratt, Mayor Julie Wilkins,  Commissioner Jackie Ratica, and Commissioner Daniel Akin.  DAVLIEN: REQUEST REQUEST  There was no one present to represent the DAV, so Mayor Wilkins moved on to the next item on the agenda. Vickie Jones of. Jonesez BBQ explained that the special exception had expired and that they were seeking Alexis Crespo, City ofLaBelle Planner explained to the Commission that the special exception had been extended twice. She suggested a revised resolution stating an expiration date within five years, and that she City Attorney Derek Rooney clarified that a special exception hearing would be needed to adopt ai revised There was discussion on possibly waiving the special exception application fee. Alexis Crespo stated that the Ity was established that the applicant needed toj provide permission from the property owner, Tractor Supply, and that the special exception would only apply to Jonsez BBQ, and no other food trucks at the property. Mayor Wilkins explained that no discussion wasi needed on the agenda item due to the applicant finding  JONESEZ BBQ SPECIAL EXCEPTION REQUEST: DISCUSSION  permission for ai more permanent situation.  was looking for direction on whether to waive the application or advertisement fee.  resolution that would remove the time frame condition. waiving of fees should be on a case-by-case basis.  CAPTAINHENDRYI HOUSE REQUEST FOR ALCOHOL USE another venue and canceling the reservation and request.  GONZALEZ SEITLEMENT OFFER options for the Commission's consideration.  Attorney Rooney explained that the item was ini reference to a requested fence variance that was denied. The property owner had submitted a demand letter in the amount of $27,000. Attorney Rooney provided al list of Terry Kramer, representative oft the property owner, explained to the Commission how the requested amount  was calculated in order to bring the subject fence into compliance with the code. There was then conversation on splitting the costs to bring the fence into compliance.  Attorney Rooney explained that the Commission could make a counteroffer, revisit the variance, or enter Commissioner Ratica expressed her desire for the City to get its own estimates, and she also suggested  into a settlement.  splitting the costs equally between the property owner and the City.    Mr. Kramer told the Commission that he was authorized to go as low as $22,500 in order to settle.  Commissioner Spratt motionedfor the Commission to consider revisiting the variance.  Commissioner. Akin seconded. the request. After) further discussion, the motion. failed 2-3.  Mayor Wilkins, and Commissioners Ratica and Vargas were not infavor.  Commissioner Vargas motioned to seek a contractor to provide estimates and offer to split the costs  equally based on that estimate. Commissioner Ratica seconded the motion.:  Mr. Kramer informed the Commission that if they were: not willing to settle for the amount he offered or  revisit the variance he would proceed with legal action.  There was no vote.  Commissioner Vargas withdrew his motion.. Commissioner Ratica withdrew her. second.  PUBLIC HEARINGS  PROPOSED ORDINANCE 2023-11 OLD GROVES PUD AMENDMENT  Attorney Rooney read the ordinance title into the record.  Alexis. Crespo, City Planner explained that there were no changes since the previous hearing other than the Jack Morgan on behalf oft the applicant introduced Mr. Dale Reisen a fire mitigation and prevention expert.  addition oft the ability to use the air burner in addition to grinding.  Attorney Rooney swore in Mr. Reisen, and Deana Hansen as well as Wesley Hasen.  Mayor Wilkins asked LaBelle Fire Chief Stevens ifhe was: familiar with the presented fire mitigation plan. Chief Stevens stated that he was and that he agreed with the recommendation of the Fire Marshal Josh Rimes Mr. Dale Reisen provided a summary ofhis site inspection oft the horticulture recycling facility. He explained that the mitigation plan was developed with the fire marshal and fire chief's concerns in mind, including a safe procedure for operating the air burner, and an adequate. water supply. There was then discussion on how the applicant was working with the fire department to address their There was also discussion on the proximity ofthe burn piles to: residential àreas and how to protect the Attorney Rooney recommended that someone ensure that the plan is implemented with regular reporting of the site. Mr. Reisen noted that it was the responsibility oft the fire department and fire marshal to enforce the  that is was sufficient.  concerns.  homes ifa fire were to happen.  mitigation plan.  2    Wesley Hansen addressed the Commission to answer Commissioner Ratica's question of! how many employees would be on staff. Mr. Hansen stated that there were currently four and that they would add staff Commissioner Ratica expressed her concerns about making sure the plan is implemented and the site stays in  as needed. compliance.  Attorney Rooney recommended that a third party perform the audits for compliance. Commissioner Vargas noted the hours of operation permitted for the recycling activities.  Commissioner Spratt motioned to approve the PUD amendment including the newj fire mitigation plan, a thirty-day time frame to comply with water source requirements, and the requirement that every ninety days a report is received by thej fire marshal for two. years, then reports every six months.  Commissioner Vargas. seconded the motion.  The motion carried. 5-0.  Mayor Wilkins then appointed Mitchell Wills as the new Superintendent of Public Works which needed to  be confirmed by the Commission.  Attorney Rooney recommended that the position's scope of work be reduced.  There was discussion on what the duties of the Superintendent would be and the changing and defining of Mitchel Wills addressed the Commission. He told them about his work experience and goals for the position. Commissioner Spratt motioned. to confirm Mitchel Wills as Superintendent of Public Works.  the roles ofofficers within the code.  Commissioner. Akin seconded. the motion. The motion carried 5-0.  PROPOSED ORDINANCE 02-BFIRSTREADINO 435S S BRIDGE STREET PUD REZONE Alexis Crespo provided an overview oft the staffi report and the conditions stated within it. She listed the changes made since the Local Planning Agency meeting, including deliveries to be made from Bridge Street.  Attorney Rooney read the proposed ordinance title int the record.  Mayor Wilkins noted her concern with the noise from the garbage trucks.  Barbara Willard, represénting the applicant, addressed the items of concern that were noted in the prior  meeting.  There was then discussion on the fence height.  Maribell Ramos expressed her concern with the noise level, traffic, and hours of operation. Franko Barrone, the applicant, explained that the equipment used to cut the material operated at a low  decibel and that all cutting operations would be done inside.  3    Thej proposed ordinance. was approved to move forward to a second hearing. The applicant, Commissioner Jackie Ratica excluded herself from the meeting.  RESOLUTION 2023-13 RATICA VARIANCE  Alexis Crespo provided her staff report. She explained that the request was for a carport within the 20-foot setback toj preserve significant oak trees. She noted that the staffi recommended approval.  Commissioner Spratt motioned to approve the variance. Commissioner Vargas seconded the motion.  The motion carried 4-0.  PUBLIC COMMENT  Niki Yeager asked the Commission if any grants had been applied for to improve the City streets. She also voiced her complaints about the east portion of Shady Oaks Lane being closed, and about the new crosswalk Mayor Wilkins explained that grants for street improvements are applied for regularly, and a five-year paving plan was in the process ofbeing established. She stated that it was the of FDOT for the crosswalk to  on State Road 80 in front of Ace Hardware.  cause vehicles to avoid using the area due tol life and safety issues for pedestrians.  CONSENT AGENDA  Mayor Wilkins pulled items C. and d. from the consent agenda; Item C.- the Guardian Contract for CDBG;  Item d.-the CDBG Subgrant Agreement.  Commissioner Ratica motioned to approve, the remaining portion of the Consent Agenda.  Commissioner Akin seconded the motion.  The remainder of the consent agenda was approved unanimously.  Corbett Alday with Guardian Community Resource Management addressed: the commission to thank them for the opportunity to work with the City again on another CDBG project. Hej provided a summary ofthe remainder oft the process for the rehabilitation grant. He noted that there would be 11 homes rehabilitated. Commissioner Ratica motioned to approve the Guardian contract for CDBG and the CDBGsubgrant  agreement. Commissioner Spratt seconded. the motion. The motion carried. 5-0.  COMMISSIONER BUSINESS  Commissioner Vargas noted that he wanted to mirror the language within the CDBG grant under the anti-  discrimination portion for the City's Equal Opportunity Employment policy. Commissioner Spratt expressed her concern with the hours of operation for City Hall.  Commissioner Ratica asked ift the vendor located at Crazy Papas needed a special exception to operate. Zane Mungillo, Code Enforcement Officer stated that he was unaware that the vendor was still operating.  4    Commissioner Ratica then expressed her concern with the direction that was given to FDOT about the second bridge and noted that she wanted the Commission to all be on the same page about what they wanted.  Conversation continued about the FDOT options discussed.  Commissioner Akin voiced his concern about roads under construction during storms.  Commissioner Vargas told the Commission about the new. Pop Warner sign he did the artwork for, and that the scoreboard was being repainted. He also told them about the tour that Cheri from the Governor's office took ofthe sewer and water plant. He then told the Commission he was on the board oft the Lehigh Regional Medical Center. He praised Gracie Morton on aj job well done during the budget review. Mayor Wilkins then introduced Kim, the new. Assistant to the Superintendent of] Public Works.  Commissioner Spratt motioned to adjourn. Commissioner Ratica seconded the motion. The meeting adjourned at 8:13 p.m.  APPROVED:  Juhe C. Wilkins, Mayor run  Attest:  Aavohuotw Jessi Zubaty, Deputy City Clrk  5