1982-09-14 Regular Meeting315!
Councilman Chapman moved to read by title only the ordinance adopting the Water and
Sewer Budget, seconded by Councilman Knight. Motion carried.
AN ORDINANCE ADOPTING THE CITY OF OKEECHOBEE WATER AND SEWER
BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1982, AND
ENDING SEPTEMBER 30, 1983, AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Councilman Burk moved to set the second and final hearing for the Millage rate and
adoption of the General Fund and Water & Sewer Budgets, on Monday, September 20, 1982,
at 7:00 P.M., seconded by Councilman Knight. Motion carried.
For the benefit of those present in the audience, Administrator Fellows highlighted
the new half cent (1/2c) sales tax.
ADJOURNMENT
There being no further business, the meeting adjourned at 9:00 P.M.
ATTEST:
Bonnie S. Thomas, CMC
City Clerk
City of Okeechobee
dward W. Dou • 1 s
Chairman /Mayor
City of Okeechobee
THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CLERK'S OFFICE.
REGULAR MEETING
TUESDAY, SEPTEMBER 14, 1982
The City Council of the City of Okeechobee, met in Regular Session at 7:00 P.M.,
Tuesday, September 14, 1982, in the City Council Chambers, 55 Southeast Third Avenue,
Okeechobee, Florida.
Chairman /Mayor Edward W. Douglas called the meeting to order with the following
Councilmen present:
Edward W. Douglas, Chairman /Mayor
Donald Burk,Vice Chairman
Dowling Watford
Oakland Chapman
James H. Knight
Others present were:
Bonnie S. Thomas, City Clerk
Richard C. Fellows, City Administrator
L.C. Fortner, Jr., Director of Public Works
James Broome, Consulting Engineer
David Conlon, City Attorney
Keith Tomey, Fire Chief
Larry Mobley, Police Chief
Janice M. Mann, Deputy Clerk
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AGENDA ITEM #I - INVOCATION AND PLEDGE
The Invocation was offered by Councilman Dowling Watford followed by the Pledge
of Allegiance.
AGENDA ITEM #II - APPROVAL OF MINUTES
With no additions, corrections or deletions needed Councilman Burk moved to approve
the minutes of the August 24, 1982, regular meeting as presented, seconded by Councilman
Chapman. Motion carried.
AGENDA ITEM #III - WOMEN'S AUXILIARY
The presentation to the Okeechobee Fire Department by the Women's Auxiliary was
postponed. Representatives not present.
AGENDA ITEM #V - FINAL HEARING - ORDINANCE AMENDMENT OCCUPATIONAL LICENSES - GREEN
VEGETABLES, FRUITS
Chairman Douglas presented for second and final hearing the Ordinance amending
the Code of Ordinances of the City of Okeechobee, Florida; amending Chapter 10, Section
10 -15 to provide an addition and correct existing category of green vegetables, fruits;
and providing an effective date.
SECTION (46)
a) GREEN VEGETABLES, FRUITS, dealers in, usually
dispensed at a roadside stand or site without
potable water. (Home Grown and Owned)
S00-198 Exempt
b) GREEN VEGETABLES, FRUITS -
Produce and Fruit Stand Vendor. $100.00
Chairman Douglas called for comments, suggestions or objections from those present.
Citizen Andy Rubin asked if this ordinance amendment will affect the "Green
Thumb" governed by the County and State. Administrator Fellows assured him it would not.
Councilman Watford expressed reservations regarding the fee of One Hundred
Dollars ($100.00).
Councilman Burk noted the local retail stores have large investments and also
sell fruits, vegetables, etc. This is to offset and balance the fees.
No further discussion, Councilman Burk moved to adopt the ordinance amendment
as presented, seconded by Councilman Knight. Motion carried.
AGENDA ITEM #VI - FINAL HEARING - REZONING - RONNIE WATTS
Chairman Douglas presented for final hearing the ordinance to rezone Lots 11 and
12, Block 182, located on the northwest corner of the intersection of Southwest Third
Avenue and Fourth Street from RG -2 to Commercial for constructing a thrift store and
office building.
Chairman Douglas read the ordinance as follows:
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF
OKEECHOBEE, FLORIDA; AMENDING APPENDIX A BEING THE COM-
PREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE
WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR
THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF;
PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED
LAND FROM RESIDENTIAL GENERAL -2 TO COMMERCIAL.
WHEREAS, application has been duly made to change the zoning classification as
hereinstated, and
WHEREAS, all public notices have been duly published according to law, and
WHEREAS, public hearings have been held as required by Appendix A, the Compre-
hensive Zoning Ordinance of the City of Okeechobee, and
WHEREAS, after consideration of the requirements of the Comprehensive Zoning
Ordinance and the land use plan of the City of Okeechobee as set out in the City of
Okeechobee Comprehensive Plan and further after consideration of the public's interest
it is deemed to be in the best interest of the City of Okeechobee to change the zoning
classification of the land lying within the limits of the City of Okeechobee as herein
stated; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA.
SECTION 1. That the following described real property is hereby rezoned from
Residential General -2 to Commercial:
Lots 11 and 12, Block 182, City of Okeechobee
Two lots located on the Northwest corner of intersection
of Southwest 3rd Avenue and Southwest 4th Street.
SECTION 2. That the application requesting this zoning change and proof to
publication for any and all public hearings in connection herewith shall be attached
to and become a part of this ordinance.
SECTION 3. The Zoning Administrator shall make the appropriate change on the
City's zoning map in accordance with this ordinance.
SECTION 4. This Ordinance shall become effective immediately upon its adoption.
Chairman Douglas then called for comments, suggestions or objections from those
present.
Citizen Andy Rubin asked if all surrounding property owners were notified of the
proposed change. Chairman Douglas stated for Rubin and those present that according to
Zoning Ordinance 402 everyone residing within five hundred feet (500') is notified by
letter in addition to the notice in the local news. This is done prior to the hearing
before the Planning Board and then again prior to the hearing before the City Council.
There being no further discussion, Councilman Knight moved to rezone Lots 11 and
12, Block 182, from RG -2 to Commercial, seconded by Councilman Burk. Motion carried.
82 -741 AGENDA ITEM #VII - FIRST HEARING - PROPOSED REZONING -MOSE JOINER
Chairman Douglas presented an ordinance to rezone Lots 1 and 2, Block 163, from
RG -2 to Commercial in order to construct a building composed of three and possibly four
retail stores.
This being the first hearing, Councilman Burk moved to read the proposed ordinance
by title only, seconded by Councilman Chapman. Motion carried.
Chairman Douglas read the title as follows:
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF
OKEECHOBEE, FLORIDA: AMENDING APPENDIX A BEING THE CO4
PREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE
WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE
ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF: PRO-
VIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED
LAND FROM RESIDENTIAL GENERAL -2 TO COMMERCIAL.
Councilman Chapman moved to set a second and final hearing on October 26, 1982,
seconded by Councilman Burk. Motion carried.
82 -481 AGENDA ITEM i #IV - ADOPTION OF RESOLUTION - FARMERS HOME ADMINISTRATION APPLICATION
Chairman Douglas presented for adoption a resolution authorizing the filing of an
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application with Farmers Home Administration for improvements to the City's wastewater
treatment and collection systems, authorizing the Mayor to execute all documents in connection
therewith.
Attorney Conlon advised that in enacting this Resolution Council will be approving
all the forms that are being sent in together with the application. Conlon noted he had
reviewed the forms; the Loan Resolution which would bind the City to float a bond for
Two Million Five Hundred Twelve Thousand Dollars ($2,512,000.00) if the City
received a Grant of Five Million Three Hundred Twenty -Five Thousand Dollars ($5,325,000.00).
Conlon interpretedthis as being a conditional obligation.
Conlon continued "the Assurance Agreement under the Civil Rights Act and the Equal
Opportunity Agreement, make several references to executive orders of certain dates, which
he does not have the benefit of as of yet. If the application was approved it would be
the responsibility of the City to determine exactly what the rules and regulations were;
and assign someone to administer the project to assure compliance."
Council discussed the restrictions and requirements of floating a bond handled by
Southeastern Municipal Bonds and bonding agent Bill Weathers.
Administrator Fellows stated that if the grant is approved it will show the need;
and will also provide the basis for a beginning of good economic growth for this area.
Councilman Watford noted that the "Loan Resolution" obligates the City to aquire
a loan if and when the Farmers Home Administration grant is approved.
Councilman Burk moved to adopt the Resolution and file the necessary forms to
complete the loan application with Farmers Home Administration, seconded by Councilman
Knight.
Councilman Watford asked, for clarification, if the City does not get the grant then
a bond will not be floated. Attorney Conlon concurred.
Chairman Douglas called for a vote on the motion to adopt the Resolution. Motion
carried.
CANDIDATE - STATE HOUSE OF REPRESENTATIVES
Chairman Douglas recognized the presence of Bud Bronson, candidate for the House
of Representatives District 77.
AGENDA ITEM / /VIII - ORDINANCE AMENDMENT - GROUP HOMES
Next item for discussion was the introduction and first reading of an Ordinance
proposing to amend the zoning ordinance to provide for the establishment of group homes by
special exception in RG -1 and RG -2 zoning districts.
Councilman Burk moved to read the ordinance by title only, seconded by Councilman
Chapman.
Attorney Conlon spoke on the proper regulations to amend the zoning code so as to provide
for congregate homes, not a rezoning. Sighting an Attorney General's opinion, Conlon advised,
in his opinion, the Council will have to follow Chapter 166, F.S. sub - paragrah C, which gives
two choices on how to proceed; 1) Where the land involved is less than five percent (5 %) of
the land area of Okeechobee, and 2) Where the land involved is more than five percent (5 %)
of the land area.
Conlon continued by explaining the Residential General (RG -1 and RG -2) areas are greater
than five percent (5 %) consequently the City will have to hold two public hearings, publish
a map showing the entire zoning of the City and set forth that this will be an amendment
that will add a special exception to RG -1 and RG -2.
Burton Conners, attorney for the petitioner, said that if the Council agrees with
Attorney Conlon that this is the procedure that must be followed it will "absolutely
torpedo the entire project we have been trying to put together for three and a half (31)
years." Conners elaborated on the steps taken so far, noting that when the preliminary
meeting with Administrator Fellows, the Building Department, the Public Works Department
and the Fire Department was held initially they (the petitioners) were told "no problem ".
However, since then questions have been raised because the term "group home" is not
listed in the Special Exceptions of Residential General.
Burton Conners quoted from the City's Code of Ordinances, the definition of Boarding
House as follows:
8. Boarding House
An establishment with lodging for four (4) or more persons,
where meals are regularly prepared and served for compensation
and where food is placed upon the table family style, without
service or ordering of individual portions from a menu.
Conners stated this is exactly what the homes will be; which is allowed in the
Special Exceptions.
Attorney Conners and Attorney Conlon debated technicalities of procedures, definitions,etc.
"To put it simply." Conners asked, "is a Group Home that much different from a Boarding
Home, that the request will require a substantive change to "the ordinance."
Attorney Conlon suggested Council have the first reading tonight, then have the second
hearing October 28th. This will allow further study by the attorneys. Conlon asked that
the record show he "does not like to see, the way law seems to be falling in place,
his opinion prevent the grant approval." He stated he is not trying to be technical.
Attorney Conners stated that even if this particular grant falls through, the
Okeechobee Residential Facilities and Okeechobee Rehabilitation Facility, Inc. has a
commitment to protect the rights and interests of developmentally disabled citizens of the
communitee. As a board, they will continue to push the ordinance amendment because
it is statutorially mandated.
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Councilman Knight stated all these problems and technicalities should have been worked
out prior to the Council meeting.
Councilman Burk moved to approve the first reading of the amendment to the ordinance,
to provide for the establishment of group homes in RG -2 districts, and set the final hearing for
September 28th, read by title only, seconded by Councilman Knight. Motion carried.
Chairman Douglas read the title as follows:
AN ORDINANCE TO AMEND APPENDIX A, THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
THE DISTRICT REGULATIONS TO ALLOW GROUP HOUSING BY
SPECIAL EXCEPTION IN RESIDENTIAL GENERAL (RG -I AND RG -2);
PROVIDING AN EFFECTIVE DATE.
AGENDA ITEM #IX - MAYOR TO CALL ON AUDIENCE
Chairman Douglas called on anyone in the audience wishing to address the Council.
June Boromei reminded the Council of the petition presented to them regarding
the "group homes ", and asked the Council to consider it prior to any decisions made.
Chairman Douglas stated the petition will be brought to public's attention at the final
hearing on October 28th.
Andy Rubin asked Council to check into the reserve funds and use part of them on
the sewer expansion, Farmers Home Grant, project.
AGENDA ITEM #X - MAYOR TO CALL ON CITY ATTORNEY, CITY CLERK, CITY ADMINISTRATOR AND
COUNCILMEN FOR REPORTS AND /OR REQUESTS
City Clerk Thomas presented the Warrant Registers for Council approval.
Clerk Thomas then presented the Meeting Date Calendar as follows:
October 12th and 26th, 1982
November 9th and 23rd, 1982
December 7th , 1982
Councilman Chapman moved to approve the meeting dates as presented, seconded by
Councilman Burk.
Council discussed, briefly, the November 23rd meeting being two days before
Thanksgiving.
No further discussion on the motion to approve the meeting dates, Chairman Douglas
called for a vote. Motion carried.
As per Council's request, Administrator Fellows presented the proposed "Double
Taxation" ad notifying the citizens of the City's and County's responsibilities.
Attorney Conlon suggested a change in the wording to include "Pursuant to a
Double Taxation study by the City." Council agreed.
Council discussed briefly. The proposed advertisement to be presented to the County
Commissioners prior to publication.
On September 24th the Florida Inovation Group is having a meeting in Clearwater.
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Items to be discussed:
1) small land fill - garbage energy systems
2) financial management
3) software development and marketing
4) communittee development districts
5) land record management
6) the manufacture of "Ethenol"
Fellows asked for permission to attend. Council agreed.
Administrator Fellows noted the October 20th meeting of the EnvironmentalRegulation
Commission at the Holiday Inn in Miami, for the purpose of adopting the "Construction
Grants Program Priority List." Fellows requested authorization to draft a letter,
on behalf of the City, appealing to the group as to why the City of Okeechobee should
be placed in a high priority position on the list; and that the letter be presented
in person by Director Fortner, Engineer Broome and /or Administrator Fellows.
Council agreed.
Councilman Watford brought to Council's attention the regular meeting of the Central
Florida Regional Planning Council on September 22nd, in Bartow; and noted he will not
be able to attend.
Councilman Burk moved to approve the Water & Sewer Warrant Register in the amount
of Forty -Eight Thousand Eight Hundred Forty -Eight and 58/100ths Dollars ($48,848.58)
and the General Fund Warrant Register in the amountof Eleven Thousand Thirty and 43 /100th
Dollars ($11,030.43), seconded by Councilman Chapman.
Councilman Watford questioned the last page of the Water & Sewer Register containing
9999 Vendor numbers. Clerk Thomas advised they were the hand written checks throughout
the month.
Councilman Burk withdrew the portion of the motion regarding approval of the
Water & Sewer Warrant Register until such time further explanation is presented on
the hand written checks, Councilman Chapman withdrew his second to that portion.
Council voted on the remaining motion to approve the General Fund Warrant Register.
Motion carried.
Chairman Douglas reminded all those present of the final Budget Hearing set for
Monday, September 20th, 1982, at 7:00 P.M.
ADJOURNMENT
There being no further business, the meeting adjourned at 8:40 P.M.
tom_ i o�
dward W. Douglas, D.C.
Chairman /Mayor
City of Okeechobee
ATTEST:
Bonnie S. Thomas, CMC
City Clerk
City of Okeechobee
THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CITY CLERK'S OFFICE
AGENDA
CITY COUNCIL
CITY OF OKEECHOBEE
COUNCIL CHAMBERS
REGULAR MEETING
SEPTEMBER 14, 1982
7:00 P.M.
1. Introduction and Pledge of Allegiance
Approval of the minutes of the regular meeting of August 24, 1982.
Presentation to the Okeechobee Fire Department by the Women's Auxiliary.
IV. Adoption of resolution authorizing the filing of an application with the Farmers
Home Administration for improvements to the city's wastewater treatment and
collection systems authorizing the Mayor to execute all documents in connection
therewith.
V. Public hearing and final reading of an Ordinance amending the Code of Ordinances
of the City of Okeechobee, Florida; amending Chapter 10, Section 10-15 to provide
an addition and correct existing category of green vegetables; fruits; and pro-
viding an effective date.
VI. Public hearing and final reading of an Ordinance to rezone Lots 11 and 12, Block
182, located on the northwest corner of the intersection of Southwest 3rd Avenue
and 4th Street from RG-2 to Commercial for constructing a thrift store and
office building.
(Recommended by Planning and Zoning Board)
VII. Introduction of an Ordinance proposing to rezone lots 1 and 2, Block 163 from RG-2
to Commercial in order to construct a building composed of three and possibly four
retail stores and setting of a public hearing for October 26, 1982. These two
lots are located on the Southwest corner of the intersection of Northwest 9th
Avenue and Northwest Second Street.
(Recommended by Planning and Zoning Board)
VIII. Introduction and first reading of an Ordinance proposing to amend the zoning
ordinance to provide for the establishment of group homes by special exception
in RG-1 and RG-2 zoning districts and setting of a public hearing for September
28, 1982.
IX. Mayor to call on anyone in audience wishing to address the Council.
X. Mayor to call on City Attorney, City Clerk, City Administrator and City Councilmen
for reports and/or requests.
XI. Adjournment