CITY OF LABELLE REGULAR COMMISSION MEETING APRIL 13,2023  CALL' TO ORDER  Mayor Julie Wilkins called the regular meeting of the City Commission to order at 6:05 p.m. A roll call was taken. Members present were Commissioner Hugo Vargas, Mayor Julie Wilkins, Commissioner Jackie Commissioner Akin motioned. to allow Commissioner Spratt to attend the Commission meeting via phone.  Ratica, and Commissioner Daniel Akin.  Commissioner Ratica seconded the motion. The motion carried 4-0.  There were no last-minute agenda items to bej placed on the agenda.  Mayor Wilkins thanked the City maintenance staff for their good job on the renovation of City Hall.  NON-PUBLIC HEARING ITEMS DELGADOLIEN FORGIVENESS REQUEST were present to ask for the liens to be forgiven.  Sylvia Delgado and Felipe Delgado explained to the Commission that they purchased the subject property in October of 2022. After the purchase, they received ai notice that there were liens on the property, and they Commissioner Ratica asked Code. Enforcement Officer Zane Mungillo to confirm the demolition ofa shed in There was discussion on the Delgados possibly taking the previous owner to court in order to get the liens Attorney Rooney explained what fees were recoverable by the City. He made a recommendation to release the liens from the daily fines upon issuance ofap permit for renovation or demolition at the property.  the backyard in 2012. He confirmed that the City did demolish the shed. paid for. Additional conversation was had on the cost of the liens to the City.  There was discussion on the intended use of the property.  Mayor Wilkins pointed out outstanding water liens. Attorney Rooney clarified that ifany fees were written There was conversation on what the "hard costs" would be. Mr. Mungillo explained that most oft the fees Mayor Wilkins suggested forgiving everything but the hard costs, upon permitting as recommended by the Commissioner Spratt expressed that the new owners should have done their due diligence prior to purchasing  off, then they would no longer exist. charged were "hard costs."  Attorney.  the property and checked for any liens.  Mr. Mungillo explained that it would be difficult to itemize several ofthe previous liens. Attorney Rooney stated that liens only survive for 20 years, sO anything in that qualifying timeline would  still be active.    Commissioner Spratt clarified that the previous owner could be taken to court for the fees by the Delgados. Commissioner Ratica suggested waiting until the engineer decided whether the: structure could be renovated,  and in the meantime, to reach out to the previous owners to inform them of the issues. D&JI DEBRIS CONTRACT & THOMPSON ENGINEERING CONTRACTEXTENSION Gary Hull, Superintendent of] Public Works explained that the existing debris removal and monitoring contracts were in need of extensions to continue services for the upcoming year. He explained that the County also used D&J, and Thompson Engineering and that the City was piggybacking on the County's  contract.  Commissioner Ratica motioned to approve the contract extensions.  Commissioner Vargas seconded the motion. The motion carried 5-0.  SMOKE TESTING  Mr. Gary Hull explained to the Commission the need for smoke testing oft the sewer lines and explained that it was aj part oft the consent order the City was under with FDEP. He explained that the public would be given  notice to the best oft the City'sability.  Commissioner. Akin made a motion to accept the contract for the smoke testing contractor,  Commissioner Ratica seconded the motion. The motion carried 5-0.  PURCHASE ORDER FOR PUMPS already installed newj pump motor.  Mr. Hull then explained to the Commission that there had been a failure with the motor powering the pump in well number three. He stated that ai replaçement motor had been located and presented the invoice for the  There was discussion on the cost of the pump and where the funds would come from.  Commissioner Ratica made a motion to approve the purchase of the new pump motor,  Commissioner Vargas seconded the motion. The motion carried 5-0.  PUBLIC COMMENT ONNON-AGENDA ITEMS Mayor Wilkins called Shywona Williams to address the Commission.  Ms. Williams introduced herself and explained that her requests for the Black Heritage Festival were in reference to security by the Sheriff's Office and the need fora a dumpster. She asked for a reduction ofneeded officers at the event due to costs. Mayor Wilkins explained that the City could not make the decision for the  Hendry County Sheriff's Office and that she wouldi need to address the issue with them.  Mayor Wilkins asked for clarification on the timeline oft the event.  Dessie Thomas introduced herself and then addressed the Commission about the fees for the officers and her request for bleachers. Mayor Wilkins explained that the bleachers would: fall under the Recreation! Board discretion. Ms. Thomas explained that she felt that the event was being pushed aside. There was discussion  on events ofthe weekend and the time frame of those events.  2    Lt. Allen Hudson explained that the amount ofs security required is what the Sheriff's Office felt was Fire ChiefBrent Stevens explained that the Fire Department was going to treat the event as aj promotional  necessary.  event and not charge for theirt time.  Discussion continued on the availability of bleachers.  Commissioner Spratt recommended the City supply a dumpster for the event one last time.  Commissioner Ratica motioned to supply a dumpster for the event with the understanding that it may be the last year it is paid for by the City and clarified that the rules were always inj place, they just had not  been followed. Commissioner. Akin seconded: the motion. After brieffurther discussion, the motion carried 4-1. Commissioner Vargas was not inj favor.  Nikki Yeager addressed the Commission about ai recently added crosswalk on State Road 80. She explained that she was putting together aj petition to have it removed. She mentioned that she had damaged her car after  colliding into the crosswalk while trying to avoid a collision with another vehicle. PUBLICI HEARINGS, ORDINANCES. RESOLUTIONS. ACTION ITEMS RESOLUTION2023-07 SOUTH LABELLE VILLAGE MINE SPECIAL EXCEPTION Attorney Rooney swore in those that wished to speak on the agenda item.  Alexis Crespo, City Planner explained the request to expand the current mining operation in the agricultural district. She explained that the mine could serve as a lake amenity for future development in that area, and they were seeking to expand the current operation of 68 acres to 515 acres. She stated that tol be in compliance with the Comprehensive Plan the Commission could approve ai maximum of 436 acres. She then explained the conditions and requirements. She noted that the applicant had requested the use ofar natural There was conversation on the amount ofland to be mined. James Paul stated that he would accept the change to 436 acres. There was then brief discussion on the potential traffic impacts. Commissioner Ratica made a motion to approve thei Special Exception to mine 436 acres in South LaBelle Scott Lyons ofTomahawk Construction explained why berms were. more beneficial than silt fence. RESOLUTION 2023-08 AMENDINGTHE FEESCHEDULE FOR PLANNING & ZONING Alexis Crespo, City Planner explained the resolution would raise the set fees in order to recoup fees spent on  berm rather than silt fencing.  Village and to allow the use ofnatural berms. Commissioner Vargas seconded the motion. The motion then carried. 5-0.  APPLICATIONS stafft time, and resources.  There was discussion on requiring a deposit, and cost recovery.  3    Ms. Crespo recommended adopting the proposed fee increase. She explained that she would work with the finance department in the future to track the actual cost in order to calculate cost recovery. Jessi Zubaty, City Clerk explained the advertising costs for public hearings. Attorney Rooney stated that  some municipalities put the responsibility of advertising on the applicant.  Commissioner. Ratica made a motion to adopt Resolution 2023-08.  Commissioner Vargas seconded the motion. The motion carried 5-0.  41587H AVENUE FENCE VARIANCE REQUEST There was discussion on the variance procedures.  Attorney Rooney noted that the applicant was ill and was advised to not attend.  Commissioner Spratt asked for clarification on what the fence permit stated when approved. Code Enforcement Officer Zane Mungillo stated that to the best ofhis knowledge, the permit stated that ai four- Commissioner Ratica explained that she had verified with the Sheriff's office that the resident did have issues with their neighbor and had taken legal action. She also noted another of her concerns was that the gates were left open to allow entry regardless of the nuisance neighbor and that the non-conforming fence Attorney Derek Rooney pointed out that a change to the fence code was being processed to allow for six-foot tall fences when the fence permit application was submitted, however, it did not pass, which is when the variance was applied for. There was additional discussion on the timeline oft the permit application. Commissioner Vargas explained that he had viewed the fence permit application and that the applicant was putting the blame on the building department and claiming they did not know the procedure even though he  foot fence was to be built in the front.  had already been built prior to requesting the variance.  had been a code enforcement officer in another area.  There was additional conversation on the height of the fence int the front and side yards.  Commissioner Vargas motioned to deny the variance request for a six-foot-tall, fence in the front yard. Commissioner Vargas clarified that the motion to deny was based on the criteria that the residentially zoned lot is not different in location, size or characteristics ofland or structure compared to other residentially zoned lots in the City, the variance will result in aj front yard fence that is 2j feet taller than fencing that could be constructed on adjacent lots, the 6-foot-tall fence was erected by the person having interest in the property, the variance may confer a special privilege on the property. Others canj file similar Commissioner Ratica amended her motion to reflect Commissioner Vargas' 's clarification.  Commissioner Ratica seconded the motion.  variances for consideration.  There was no public comment.  The motion carried 4-1.  Mayor Wilkins was not in favor of denying the variance.  4    PROPOSED ORDINANCE2023-03 AMENDINGTHE PARKING SPACE REQUIREMENTS IN THE  LAND DEVELOPMENT CODE  Attorney Rooney read the title of the ordinance into the record.  Commissioner Ratica asked for confirmation that the code amendment allowed for sufficient parking for Alexis Crespo, City Planner, explained that the parking had actually been increased, and amended the requirements for uses that did not utilize the current required parking. She also noted that conditions could be  commercial areas.  added tol limit additional parking over a certain percentage.  There was no public comment.  PROPOSED ORDINANCE 2023-08 LIMITING THRU' TRUCK TRAFFIC  Attorney Rooney read the ordinance title into the record. He then explained that the ordinance would allow the Commission to designate certain areas as inappropriate for thru-truck traffic and allow for signage to be posted to result in the Sheriff's Deputies' enforcement of] Florida's uniform traffic laws. He explained at the  second reading a resolution would be drafted designating certain streets. There was conversation on how the ordinance would be enforced.  INTERLOCAL WITH HENDRY COUNTY RELAINGTOCONTRACTED SERVICES Attorney Rooney recommended approval of the current form with ai maximum administrative cost of 10%. Commissioner Vargas motioned to approve the interlocal for contract, services with Hendry County with  an administrative cost maximum of10%. Commissioner Ratica seconded the motion. The motion carried. 5-0.  WOODARD & CURRANCONIRACT AMENDMENT  There was no discussion.  Commissioner Ratica motioned to approve the contract amendment.  Commissioner Vargas seconded the motion. The motion carried. 5-0.  Attorney Rooney provided information to the Commission that FDOT had relayed to him that the opening of the bridge could be scheduled for certain times throughout the day to aid with traffic issues. There was Mayor Wilkins asked Attorney Rooney for an update on the Beck Lawsuit. He updated the Commission that  discussion on the current and possible scheduling of opening thel bridge. the court had issued an order for show cause, and the case is proceeding.  CONSENT. AGENDA  Commissioner. Akin motioned to accept the Consent. Agenda. Commissioner Vargas seconded the motion. The motion carried 5-0.  5    BUSINESS! BY COMMISSIONERS  The regular August Commission meeting was rescheduled from August 10, 2023, to August 3, 2023, due to  the Florida League of Cities annual conference causing a date conflict.  FOURDAY WORK WEEK MAINTENANCE  There was discussion on1 the maintenance department moving to a four-day work week. John Kovarik provided statistics from studies that supported a four-day workweek.  After further discussion, ai three-month trial period was proposed. Attorney Rooney asked for Human Resources Director Lisa Awbrey to be consulted to factor in possible overtime. There was conversation on a rotating call schedule. It was decided that the topic would be sent to staff for advisement and be brought back There was discussion on possible dates for aj joint meeting with the County to discuss FDOTi issues. Commissioner Spratt started discussion on aj possible project going in beside Johnson Engineering. She Mr. Hull clarified that Johnson Engineering had constructed the fence due to theft issues from the adjacent Commissioner Vargas provided an overview of his recent interactions with a representative from the Governor's office, and a representative from the Second Bridge Group. He also discussed the earlier  at the following meeting.  noted that she received a call about fencing being put up on the property.  trailer park.  referenced crosswalk and made suggestions on revisions.  There was discussion on possible buildings that were: not compliant with the code.  Commissioner Ratica had no business to discuss.  Commissioner Akin commended law enforcement on the monitoring ofs speeding on SR 80.  Lt. Allen Hudson informed the Commission of the increase ini traffic stops at previously noted locations in  the City.  Commissioner Ratica motioned to adjourn the meeting. Commissioner Akin seconded. the motion. The meeting adjourned at. 8:08 p.m.  APPROVED:  Julie.V  Mayor  Attest:  aal  oluody JsiZubaty,Deputy CityCierk  6