1982-03-09 Regular Meeting3024
REGULAR MEETING TUESDAY, MARCH 9, 1982
The City Council of the City of Okeechobee, Florida, convened in regular session in the
City Council Chambers, City Hall, Okeechobee, Florida, on Tuesday, March 9, 1982, at 7:00 P.M.
Chairman /Mayor Edward W. Douglas presided with the following Councilmen present:
Dowling Watford, Jr., Jim Knight, Donald Burk and Oakland Chapman.
Others present were: City Clerk Bonnie S. Thomas, Administrative Assistant Richard C.
Fellows, City Attorney David Conlon, Director of Public Works L. C. Fortner, Jr., Fire Chief
Keith Tomey and Deputy Clerk Mary Ann Holt.
Chairman Douglas called the meeting to order. Councilman Watford offered the invocation..
The Pledge of Allegiance was given by all.
82 -1 APPROVAL OF MINUTES
Councilman Burk moved to approve the minutes of the February 23, 1982, regular meeting.
Seconded by Councilman Chapman and carried.
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RESOLUTION SETTING CITY POLICY
ON THE CLOSING OF ROADS, EASEMENTS,
RIGHTS -OF -WAYS AND ALLEYS
Chairman Douglas read the Resolution in its entirety:
WHEREAS, there exists within the city limits of the City of Okeechobee certain
roads, rights -of -ways, easements and alleys; and
WHEREAS, many of said roads, rights -of -ways, easements and alleys have never
been opened for public use; and
WHEREAS, private citizens from time to time have made inquiry and request of
the City Council to close and vacate said roads, rights -of -ways, easements and
alleys; and
WHEREAS, the City Council wishes to set a policy in regards to these items for
future consideration,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE,
FLORIDA AS FOLLOWS:
1. That it be the policy of the City of Okeechobee not to close, vacate
or otherwise abandon to private or any other use, any of the existing roads,
rights -of -ways, easements and alleys now dedicated within the City
of Okeechobee.
2. Not withstanding the provisions of Number 1 above, the City reserves
the right to close and vacate roads, rights -of -ways, easements and
alleys to encourage proper growth and upon a strong showing of a unique
and compelling reason, closure and vacation would be considered provided,
however, the property in question would be appraised by an appraiser
selected by the city and the party benefiting would pay the appraised
value of the property.
3. That it further be a policy of the city that in certain specified instances
the City Council may grant permission for temporary utilization (not
to extend over ten years) of said roads, rights -of -ways, easements and
alleys upon a showing the public interest will not be compromised and further
provided satisfactory evidence of insurance is furnished to protect the city
against any liability for injuries which may occur on said roads, rights -of-
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ways, easements and alleys.
4. This resolution shall take effect immediately upon its adoption.
Introduced and passed in regular session assembled this 9th day of March
1982.
Councilman Watford stated the Resolution should specify the person receiving any
property from the City would be responsible for any appraisal fees, filing fees, court
costs, etc.
After discussion between Council members, Councilman Burk moved to amend Section 2
of the Resolution to read: " . . . and the party benefiting would pay the appraised value
of the property and reimburse the City its costs." Motion seconded by Councilman Watford
and carried.
Councilman Watford moved to adopt the Resolution as amended. Seconded by Councilman
Burk. Motion carried.
REQUEST BY RANCH FERTILIZER
FOR THE CLOSING OF A CITY STREET
Chairman Douglas opened the floor for discussion of a request by Ranch Fertilizer to
close a portion of Northeast 6th Avenue north of 7th Street and a portion of an alley lying
north of Northeast 7th Street.
Mr. Frank Williamson, Jr. and Mr. Ben Burdeshaw appeared before the Council on behalf
of Ranch Fertilizer. Mr. Burdeshaw questioned the type of title the City would convey for
the specified property.
Attorney Conlon stated the City is not selling the property, only giving up the public's
right to it.
Council members discussed at length with Mr. Williamson and Mr. Burdeshaw the value of the
property and just compensation.
Councilman Knight moved to vacate the requested street and alleyway on the condition the
appraiser re- evaluate the property taking into consideration the easement. Motion seconded by
Councilman Burk.
Council members discussed the motion being conditional upon the reappraisal of the
property and acceptance by both parties.
Chairman Douglas called for a vote on the motion. Motion carried.
REQUEST FROM UNITED FEED
CO -OP FOR PERMISSION
TO CONSTRUCT SHELTER ON N.W.
8th STREET
Mr. Bill Stratton of United Feed Co -op appeared before the Council to request permission
to occupy a portion of the right -of way on N.W. 8th Street for the purpose of constructing
a shelter over the railroad spur.
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Mr. Stratton stated there is currently an agreement on file between the City of Okeechobee
and the Seaboard Railroad which dates back to 1958 to operate a spur track and an update in
1962 to operate a second spur track. Stratton further explained the Railroad has been
contacted and they have no problem with United constructing the shelter.
Council members briefly discussed with Mr. Strattion the location and the size of the
shelter.
Councilman Burk moved to grant the reguest of United Feed Co -op. Seconded by Councilman
Knight.
Council members discussed the amount of insurance that would be required and the form
of written agreement that is to be drawn up. Members of the Council agreed if the need arises
which would require United to remove the structure, they would be given 12 months in which to
do so.
Motion to grant the request of United Feed Co -op carried by unamious vote.
RESOLUTION CORRECTING LEGAL
DESCRIPTION IN EXCHANGE WITH
DENNIS MULBERGER
Chairman Douglas informed the Council a problem has arisen with this item this afternoon.
Councilman Burk moved to table this item. Seconded by Councilman Chapman. Motion carried.
ORDINANCE AMENDING OCCUPATIONAL
LICENSE ORDINANCE
Councilman Burk moved to read the Ordinance by title only and set for Public Hearing March
23. Seconded by Councilman Knight. Motion carried.
Chairman Douglas read the Ordinance by title only:
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 12, SECTION 12 -22
TO PROVIDE A NEW SCHEDULE OF FEES FOR SHOWS, CIRCUSES,
CARNIVALS AND SPECIAL EVENTS SUCH AS THE FOURTH OF JULY
CELEBRATION AND THE SPECKLED PERCH FESTIVAL; PROVIDING
UNIFORM CLASSIFICATIONS AND FEES FOR FORTUNE- TELLERS,
PALMISTS, CLAIRVOYANTS, HYPNOTISTS, AND SIMILAR OCCUPA-
TIONS; PROVIDING AN EFFECTIVE DATE.
PLANNING AND ZONING BOARD VACANCY
Chairman Douglas informed the Council of an upcoming vacancy on the Planning and Zoning
Board. The term of Board Member Jim Wright will expire March 31, 1982, and Mr. Wright has
expressed the willingness to continue in this position.
Councilman Knight moved to reappoint Jim Wright to the Planning and Zoning Board.
Council members discussed advertising the vacancy allowing anyone who might be interested
to apply.
Motion on the floor to reappoint Jim Wright died for a lack of second.
Councilman Chapman moved to advertise the vacancy and accept applications. Motion seconded
by Councilman Burk and carried.
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PROPOSED TELEPHONE
FRANCHISE AGREEMENT
Assistant Fellows gave the Council an overview of his meetings with representatives of
the United Telephone Company.
Mr. Fellows stated the United Telephone Service had drafted a new franchise which would
guarantee the City 1% of their gross basic subscriber revenue. This percentage would
return an estimated $3,600 - $4,000 per year where the present franchise provides $1,000 -
$1,500. per year.
Fellows further stated he had discussed with the United Telephone Service representative
the City's desire to standardize all franchise agreements with 6% of gross revenues. United
Telephone Service would be willing to go along with the 6% but that it would appear on the
telephone bill as a franchise tax. United Telephone Service suggested the City increase their
utility tax.
Council members discussed the fact that any increase would eventually be passed on the
taxpayer.
After further discussion regarding the franchise, this item was tabled until further research
could be done in certain areas including poles, cables, and restoration of property.
RESOLUTION FROM COUNTY
COMMISSIONERS REGARDING
DOUBLE TAXATION
Chairman Douglas opened the floor for discussion of the Resolution prepared by the
Okeechobee County Board of County Commissioners in answer to the Double Taxation issue.
Council members discussed several aspects of the Resolution including the wording of
certain items. Councilman Burk stated he felt the City and the County need to continue
negotations for the people.
Discussion of this matter was tabled to allow the Council to get more specific information.
LEASE OF FIRE TRUCK
TO FLORIDA SCHOOL FOR
BOYS AT OKEECHOBEE
Chairman Douglas called for input of the Council regarding a proposed lease of a fire
truck to the Florida School for Boys at Okeechobee.
Assistant Fellows informed the Council the H.R.S. has agreed to lease a parcel of land
to the City and to show our appreciation, the City could place a vehicle at the school. Fellows
further stated since a new fire truck is being purchased, one vehicle must be either moved to
the City Barn or build a new structure to house it.
Councilman Burk stated there is a need for a truck at the school and the H.R.S. has cooperate
with the City on the land lease.
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Councilman Watford stated he would rather the City tell the Boys School to call the City
Fire Department and we will respond.
Chief Tomey informed the Council the volunteers are willing to build an awning on the
existing building to cover the truck. Tomey further stated he has $500 alloted in his budget
for capital improvements which could be used to purchase materials.
After further discussion, members of the Council agreed to table making any decision
at the present time.
CORRESPONDENCE WITH DEPARTMENT HEADS
1) CITY ATTORNEY
A) LEASE AGREEMENT WITH NOEL CHANDLER
Attorney Conlon informed the Council he had prepared a lease for Noel Chandler and
instructed the Clerk to contact Mr. Chandler and have him make an appointment at Conlon's
office. Conlon briefly covered the terms of the lease agreement.
B) REQUEST FROM MORMAN CHURCH
REGARDING STREET CLOSURE
Attorney Conlon informed the Council he had sent a letter to the Morman Church informing
them of the procedure for leasing land from the City of Okeechobee.
C) ORS SUMMARY
Attorney Conlon stated a summary of the ORS agreement will be published in the next
publication of the Okeechobee News.
2) CITY CLERK
A) WARRANT REGISTERS
Clerk Thomas presented the Warrant Registers to the Council for approval. Councilman
Watford moved to approve the General Fund Warrant Register in the amount of $17,085.76 and the
Water and Sewer Warrant Register in the amount of $15,551.63. Seconded by Councilman Knight.
Motion carried.
3) ADMINISTRATIVE ASSISTANT
A) ONE CENT SALES TAX INCREASE
Assistant Fellows informed the Council the House had passed the one cent sales tax increase.
The bill now has to pass the Senate.
CORRESPONDENCE WITH COUNCILMEN
1) DOWLING WATFORD, JR.
A) CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
Councilman Watford stated the Central Florida Regional Planning Council held their last
meeting in Okeechobee and approved the Country Club of Champions which will now go to the
County Planning Board and the County Commissioners.
FIRST READING OF ORDINANCE TO ADOPT
A NEW CODE FOR THE CITY OF OKEECHOBEE
Attorney Conlon informed the Council a proposed Ordinance for adopting and enacting a new
City Code had been received.
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Assistant Fellows stated
Councilman Burk moved
Chapman. Motion carried.
Chairman Douglas read
AN ORDINANCE
OF OKEECHOBEE,
FOR THE REPEAL
PROVIDING FOR
SUCH CODE: AND
SHALL BECOME
Chairman Douglas stated
CITY CLERK CONFERENCE
the
to read
the Ordinance
ADOPTING
FLORIDA;
OF CERTAIN
THE MANNER
PROVIDING
EFFECTIVE.
a Public
the Council
matters
,
Code could not be shipped until the Ordinance is adopted.
the Ordinance by title only. Seconded by Councilman
by title only:
AND ENACTING A NEW CODE FOR THE CITY
ESTABLISHING THE SAME; PROVIDING
ORDINANCES NOT INCLUDED THEREIN;
OF AMENDING AND SUPPLEMENTING
WHEN SUCH CODE AND THIS ORDINANCE
Hearing will be held on March 23.
she would be attending a Conference out of town on
to discuss, Chairman Douglas adjourned the meeting
/.. _ A s_ [ d� l_/ / .% _ S
Clerk Thomas
March 23.
ADJOURNMENT
informed
no further
■��
There being
at 10:10 P.M.
ATTEST:
'' . 1/lL►/l
_
Edward W. Douglas
Chairman /Mayor
1
Bonnie S. Thomas
City Clerk
SPECIAL SESSION MONDAY, MARCH 22, 1982
The City Council of the City of Okeechobee, Florida, met in special session, at 12:30
P.M., March 22, 1982, in City Council Chambers, Okeechobee, for the purpose of discussing
renovations to the water tower located on S.W. 23rd Street.
Chairman /Mayor Edward W. Douglas presided with the following Councilmen present:
Dowling Watford, Jr., Oakland Chapman. Councilmen Donald Burk and Jim Knight were absent.
Others present were: Administrative Assistant Richard C. Fellows, City Attorney David Conlon,
Director of Public Works L. C. Fortner, Jr., and Deputy Clerk Mary Ann Holt.
Chairman Douglas called the meeting to order and advised the Council that upon inspection
of the water tower a need for repair was found. Attorney Conlon informed the Council that
because of the Sunshine Law unless there is an immediate need for decision, this meeting should be
conducted as a workshop session and no decision be made until the scheduled meeting on March 23rd.
i
AGENDA
CITY COUNCIL
CITY OF OKEECHOBEE
COUNCIL CHAMBERS
REGULAR MEETING
MARCH 9, 1982
7:00 P.M.
1. Invocation and Pledge of Allegiance
Approval of the minutes of the regular meeting of February the 23rd, 1982.
III. Action by the Council to adopt a Resolution setting city policy on the
closing of roads, easements, rights-of-ways and alleys.
IV. Consideration of a request by Ranch Fertilizer for the closing of a portion
of Northeast 6th Avenue north of 7th Street and a portion of an alley lying
north of Northeast 7th Street.
V. Action by the Council on a request from United Feed for permission to construct
a shelter extending over the railroad spur on Northwest 8th Street.
VI. Adoption of a Resolution correcting a legal description vacating certain
road rights-of-way in exchange for other rights-of-way between the city
and Dennis Mulberger.
VII. Introduction and first reading of an ordinance amending the Occupational
License Ordinance to provide a new schedule of fees for Shows, Circuses,
Carnivals and special events such as the 4th of July Celebration and the
Speckled Perch Festival and providing uniform classification for Fortune-
Tellers, Palmists, Clairvoyants, Hypnotists, and similar occupations.
VIII. Appointment of a member to the Planning and Zoning Board for a three year
term commencing April 1, 1982.
IX. Discussion relative to proposed telephone franchise agreement.
X. Receipt of Resolution from the Okeechobee Board of County Commissioners in
response to the question of Double Taxation and action by the City Council
on same.
XI. Discussion by the Council on a proposal to lease a fire truck to the Florida
School for Boys to enhance fire protection capability of the state facility.
XII. Mayor to call on anyone in audience wishing to address the Council.
XIII. Mayor to call on City Attorney, City Clerk, Administrative Assistant, and
Councilmen regarding requests and/or reports.
XIX. Adjournment