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REGULAR MEETING MONDAY, JULY 25, 1983
The City Council of the City of Okeechobee, Florida, met in regular session in Council
Chambers, 55 Southeast Third Avenue, Okeechobee, Florida, at 7:00 P.M.
Chairman /Mayor Edward W. Douglas called the meeting to order with the following
members present:
Edward w. Douglas, Chairman /Mayor
Jim Knight, Vice Chairman
Dowling Watford, Jr.
Oakland Chapman
Oscar Thomas
Others present were:
Bonnie S. Thomas, City Clerk
Richard C. Fellows, City Administrator
David M. Conlon, City Attorney
L.C. Fortner, Jr., Director of Public Works
James Broome, Consulting Engineer
Larry Mobley, Police Chief
L. Keith Tomey, Fire Chief
J. Mallette Westbrook, Building Official
Rosemary Lear, Executive Secretary
Janice M. Mann, Deputy Clerk
AGENDA ITEMS #II & III - INVOCATION AND PLEDGE
The Invocation was offered by Mayor Edward W. Douglas followed by the Pledge of Allegiance.
AGENDA ITEM #IV - APPROVAL OF MINUTES
With no corrections, additions or deletions needed, Councilman Knight moved to approve
the minutes of the June 20, 1983 Regular Meeting and the June 29, 1983, Special Meeting
as presented, Seconded by Councilman Watford. Motion carried.
AGENDA ITEM #V - REZONING REQUEST - HAMRICK
Chairman Douglas noted receipt of the request for rezoning a portion of the nursing home
propePty at the north City Limits from Commercial to Commercial /Professional /Offices (CPO).
The Planning Board recommended the City Council grant the request. The title was read as
follows:
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA;
AMENDING APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMINI-
STRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE
CLASSIFICATION OF SPECIFIED LAND FROM COMMERCIAL TO CPO.
The floor was opened for discussion. Councilman Watford moved to set the Second and Final
Hearing for September 12, 1983, (September 5th being Labor Day), Seconded by Councilman Thomas.
Councilman Watford asked if the Special Exception, pertaining to this same request, was
granted contingent on the rezoning being granted. Attorney Conlon advised that both requests
were granted contingent on each other.
No further discussion, the vote on the motion to set for Public Hearing carried.
AGENDA ITEM #VI - FIRST READING - ORDINANCE ALLOWING QUALIFIED COUNTY ELECTORS, OWNING CITY
PROPERTY, TO VOTE IN CITY ELECTIONS
Chairman Douglas introduced an ordinance amending the Charter of the City of Okeechobee
to allow owners of real property within the City limits who are qualified County electors to
vote in City elections.
The title was read as follows:
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING
AMENDING ARTICLE III, SECTION 11 TO PROVIDE THAT PERSONS WHO ARE BONA FIDE
OWNERS OF REAL PROPERTY WITHIN THE LIMITS OF THE CITY OF OKEECHOBEE ARE ALSO
QUALIFIED ELECTORS OF THE CITY OF OKEECHOBEE; PROVIDING AN EFFECTIVE DATE.
The floor was opened for discussion. Councilman Knight moved to set a Second and Final
Hearing for August 15, 1983, Seconded by Councilman Watford.
Councilman Watford asked if it will be limited to residents of Okeechobee County. Admi-
nistrator Fellows suggested several alternatives which the Council discussed.
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Citizen Andy Rubin commented that the law was changed primarily for the businessmen of the
City, to enable them to have a say in City government.
The Chair was called for a vote on the motion to set the proposed ordinance for Public
Hearing. Councilmen Watford and Knight voted Yes. Councilmen Chapman and Thomas voted No.
Chairman Douglas voted Yes. Motion carried.
AGENDA ITEM #VI - MARVIN WHERRELL, JR. - FENCING OF A PORTION OF AN ALLEYWAY
Chairman Douglas opened the floor for discussion on a request by Marvin Wherrelj,Jr., to
allow the fencing of the northend of an alley running off southwest third street into the
back of his Auto Parts Story:.
Councilman Chapman asked that Administrator Fellows review the events to date.
Fellows explained, "Complaints were received from several of the surrounding residents
that the alley (running east and west from third avenue to second avenue between second and
third streets southwest) had been fenced in and creating problems.
We had informed Mr. Wherrellthe fence would have to be removed but he objected due to the
fact that the City had a sewer line in the ground on the west side of his property for which
we had never obtained an easement.
An easement has been drawn up to be executed, afterwhich the Council could decide whether
or not the fence could be left up in exchange for the easement. Mr. Wherrell did not agree
with the terms of the easement, therefore, the attorney was asked to research the law to
determine whether or not the City had a prescriptive easement, due to the fact that it had
used the property with the knowledge of the owner, for more than twenty (20) years.
The City does in fact have a prescriptive easement. Mr. Wherrell was asked to appear
before the Council to request permission to leave the fence on the alley."
Mr. Wherrell noted it was a "T" alley and a portion of the alley was fenced to obtain
additional parking for his Auto Parts Store.
Mr. Nick Collins, adjoining property owner, stated that before the fence was there he
was able to keep the grass mowed and the area clean, now he cannot. The dumpster located there
is also creating a problem and should be moved.
The Council discussed the matter at length. A compromise was suggested to either install
a gate to gain access to mow or move the dumpster. The Council also discussed the possibility
of paving the alley due to the heavy traffic.
Councilman Watford stated that two problems have arisen at the same time, 1) The fencing
of an alley, and 2) the need for an easement agreement. At the same time the agreement is signed
allowing the fence to remain, the City should have a statement acknowledging their right to
the easement of the sewer.
In regards to the possibility of paving the alley, Administrator Fellows was instructed
to contact the owners of the surrounding businesses to share in the cost (1/3 - City - 1/3
Mr. Wherrell, 1/3 - Other owners).
Council then agreed unanimously to allow the fence to remain with the installation of
a gate in exchange for the signing of an easement.
AGENDA ITEM //VIII - MAYOR TO CALL ON AUDIENCE
Chairman Douglas called on anyone in the audience wishing to address the Council. No
response.
AGENDA ITEM #IX -MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND COUNCILMEN
FOR REPORTS AND /OR REQUESTS.
CITY CLERK
Clerk Thomas presented the General Fund, Water & Sewer Fund and I & S Refunding Bonds
Warrant Registers for Council's approval.
CITY ADMINISTRATOR - HUMANE SOCIETY
Administrator Fellows presented a request from the Humane Society for an additional Two
Hundred Fifty Dollars ($250.00) for August and September for food, medical supplies and
euthanasia. Fellows noted the monies can be taken from contingency.
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Councilman Chapman moved to give the Humane Society the additional funds for August and
September, finishing out the Fiscal year, Seconded by Councilman Thomas.
Following brief discussion, the vote on the motion carried.
COUNCILMAN WATFORD- CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
Councilman Watford noted that the Central Florida Regional Planning Council will meet next
Wednesday in Wauchula.
COUNCILMAN WATFORD - SOUTH FLORIDA WATER MANAGEMENT
Councilman Watford expressed concern regarding the six (6) seats of the South Florida
Water Management District that are up for appointment. It is particularly important for Okee-
chobee County to have a representative, and asked that the Mayor contact the Governor and urge
him to reappoint Aubrey Burnham, the current member from Okeechobee. The Council agreed un-
anumously.
CITY ADMINISTRATOR - CITY SIGN
Administrator Fellows displayed an artists drawing of a sign to be placed in the newly
landscaped median on South 441, if Council so desired. The Council instructed the Administrator
to find out the cost of the sign and report back at a later date.
CITIZEN ANDY RUBIN
Andy Rubin asked to be allowed to speak, noting he had missed the call for audience parti-
cipation. The Chair recognized Mr. Rubin.
Rubin reported that the food distribution program for Okeechobee County has been discontinued
and thanked the City Council for its contributions.
FIRE CHIEF - VOLUNTEER FIREMEN
Fire Chief Tomey advised the Council that eight Volunteer Firefighters have begun a course
at Indian River Community College to become certified volunteers by the state. And as the
final phase of their training, on August 13th, (with written permission of the owners) a house
on 441 North will be burned.
COUNCILMAN KNIGHT - WARRANT REGISTERS
Councilman Knight moved that the Warrant Registers be approved as presented, Seconded
by Councilman Watford. Motion carried.
AGENDA ITEM #X - ADJOURNMENT
There being no futher business the meeting adjourned at 8:10 P.M.
ATTEST:
Bonnie S. Thomas, CMC
City Clerk
City of Okeechobee
e:-.;:rn%1
and W. D uglas, D.
Chairman /Mayor
City of Okeechobee
THERE IS A TAPE OF THIS MEETING INITS ENTIRETY ON FILE IN THE CLERK'S OFFICE.
AGENDA
CITY OF OKEECHOBEE
COUNCIL CHAMBERS
REGULAR MEETING
JULY 25, 1983
7:00 P.M.
I. Call to Order
II. Invocation - Mayor Edward Douglas
III. Pledge of Allegiance - Mayor Edward Douglas
IV. Approval of the minutes of the regular meeting of June 20, 1983,
and Special Meeting of June 29th.
V. Receipt of Recommendation from Planning and Zoning Board relative to a
request for rezoning a portion of the nursing home property at the north
city limits from commercial to CPO and setting a Public Hearing for
September 5, 1983.
VI. Introduction of an Ordinance amending the Charter of the City of Okee-
chobee to allow owners of real property within the City limits who are
qualified County electors to vote in City elections.
VII. Discussion on a request by Marvin Wherrell, Jr., to allow the fencing of
the northend of an alley running off southwest third street into the back
of his Auto Parts Store.
VIII. Mayor to Call on Anyone in the Audience wishing to address the Council.
IX. Mayor to Call on City Clerk, City Attorney, City Administrator and City
Councilmen for reports and /or requests.
X. Adjournment.