1981-08-22 Regular Meeting 2933
81-130 KEITH TOMEY - DIRECTOR
OF THE FLORIDA FIRE CHIEF'S
ASSOCIATION
Councilman Watford congratulated Chief Tomey for being named as a Director of the Florida
Fire Chief's Association.
ADJOURNMENT
Chairman Douglas informed the Council that immediately following the Public Hearing on
September 17th, the Council would go into a workshop session with representatives of the
Thomas and Weyant Firm.
A motion was made by Councilman Burk to adjourn the meeting, seconded by CouncilmanWatford.
Motion carried. Meeting adjourned at 10:15 P. M.
~mdaWn :MaD~rg l~s/'
City of Okeechobee
ATTEST:
'?://._ /
City Clerk
City of Okeechobee
REGULAR MEETING TUESDAY, SEPTEMBER 22, 1981
The City Council of Okeechobee Florida, convened in regular session in the City
Council Chambers at City Hall, Okeechobee on Tuesday, September 22, t981, at 7:00 P.M.
Chairman Pro-Tern Donald Burk presided with the following Councilmen present: Oakland
Chapman and Dowling Watford. Chairman/Mayor Edward W. Douglas and Councilman Jim Knight
were absent.
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., and
Fire Chief Keith Tomey.
Chairman Pro-Tem Burk called the meeting to order. Councilman Watford offered the
invocation.
$1-2 APPROVAL OF MINUTES
Councilman Watford stated that a word in the minutes of August 25, 1981, (Page 2908,
Paragraph 3) in regard to the Change of Ownership of L. P. Sanitation, Inc. should be changed
from Council to County.
.~ There being no further corrections in the minutes, Councilman Watford moved to approve
the corrected minutes of August 25th and September 8th regular meetings and the August 27th
Budget Workshop. Seconded by Councilman Chapman. Motion carried.
' 934
81=9# FINAL READING-PUBLIC HEARING
REZONING OF PROPERTY-L. M. TAYLOR
Chairman Pro-Tem Burk read the ordinance in its entirety noting that the Planning and
Zoning Board recommends approval:
ORDINANCE AMENDING ORDINANCE NO. 402, BEING THE COMPREHENSIVE ZONING
ORDINANCE WHICH ESTABLISHES ZONING REGULATIONS FOR THE CITY OF OKEECHOBEE,
FLORIDA, AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT
THEREOF. AMENDMENT CHANGES CLASSIFICATION OF SPECIFIED LAND FROM
RESIDENTIAL 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 Ordinance 402, and
WHEREAS after consideration of the requirements of Ordinance 402 and the land use plan
of the City of Okeechobee and the publics 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 hereinstated; 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
to Commercial.
The W¼ of the SW¼ of the SE¼ of Section 15, Township 37 South, Range 35
East, lying North of the North right of way line of State Road No. 70,
EXCEPT the North 50 feet of the W½ of the W½ of the SW¼ of SE¼ for road
purposes; also EXCEPT the following described property conveyed to the
State of Florida:
A parcel of land in the W½ of SW¼ of SE¼ of Section 15, Township 37
South, Range 35 East, being more particularly described as follows:
Commence at the South ¼ corner of said Section 15; thence run Northerly
on the ¼ section line a distance of 36.95 feet to the centerline of
State Road 70; thence N. 89° 54'49" E. on said centerline a distance
of 347.10 feet; thence Northerly at 90° to said centerline a distance
of 20 feet; thence Southerly at 90° a distance of 17 feet; thence
Westerly at 90° a distance of 20 feet to the point of beginning.
SECTION 2. That the application requesting this Amending Ordinance, and proof of publication
for any and all public hearings in connection herewith shall be attached to this Ordinance.
SECTION 3. The City Clerk shall make the appropriate change on the city zoning map in
accordance with this Ordinance.
SECTION 4. This Ordinance shall become effective immediately upon final passage.
DONE AND RESOLVED and made effective this __ day of , 19
After brief discussion with the public regarding this request, Councilman Chapman moved to
approve the request for rezoning of the L. M. Taylor property from Residential Single Family
(RSF) to Commercial (C) for the purpose of construction of warehouses.
Councilman Watford questioned the conditions that were attached to this request by the
Planning and Zoning Board and whether these conditions should be in the motion.
Councilman Chapman withdrew his original motion until the matter is cleared.
Councilman Watford moved to amend Section 4 of the proposed ordinance pertaining to the
effective date. The ordinance is to read: "This ordinance shall become effective at the time
and upon the condition that the owner execute an agreement to comply with the Planning Board's
1 T'I I II' I"!
2935
conditions and that the agreement must be executed within 60 days."
For the benefit of the public, Chairman Pro-Tem Burk read the eight (8) conditions of the
Planning & Zoning Board:
1) The rendering presented is made a part of the request for our official files.
2) That actual construction in accordance with the rendering is commenced within 180 days
from August 4, 1981.
3) That construction be based upon the proposed rendering and not material variance from it.
4) That construction will be completed within 365 days.
5) That the 70 foot right-of-way shown on the rendering be granted to the public within 180
days commencing construction.
6) That adequate drainage is provided for and certified by the City engineer as being adequate
prior to any occupancy of the structure requiring drainage.
7) That the parking lot be paved and landscaped as presented in the rendering.
8) The board consider any extention of any of the times the hearing provided upon request.
Councilman Chapman seconded Councilman Watford's motion to amend the ordinance. Motion
carried.
Councilman Chapman moved to adopt the ordinance as amended. Seconded by Councilman
Watford.
After brief discussion with Council members and the public on the rezoning request,
Chairman Pro-Tern Burk called for a vote. Motion carried.
$1-121 STREET LIGHTING AGREEMENT
WITH FLORIDA POWER AND LIGHT
Chairman Pro-Tem Burk explained the purpose of the high pressure sodium vapor street
lights. After discussion between Council members and members of the public present, Councilman
Chapman moved to authorize the Mayor and the Clerk to execute the street light agreement with
the Florida Power and Light for the installation of the new high pressure sodium vapor street
lights. Seconded by Councilman Watford. Motion carried.
APPROVAL OF COUNCIL MEETING DATES
The quarterly calendar of meeting dates was submitted for Council's approval as follows:
October 13th and 27th, 1981
November 10th and 24th, 1981
December 8th, 1981
Councilman Chapman moved to accept the proposed meeting dates, seconded by Councilman
Watford. Motion carried.
gl- 131 RESOLUTION - CONTINUATION OF SPENDING
AT LEVELS PROVIDED BY THE 1980-81 BUDGET
Chairman Pro-Tern Burk read the Resolution in its entirety:
RESOLUTION
WHEREAS, the City of Okeechobee, Florida, has not adopted its tenative budget for the
· --- fiscal year beginning October 1, 1981, and ending September 30, 1981; and
2936
WHEREAS, Florida Statute 200.065 authorizes the ~adoption of the prior year adopted fiscal
budget, as amended, in such a situation, and
WHEREAS, this Resolution is being considered at a duly constituted meeting of the Council
of the City of Okeechobee, Floirda,
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Okeechobee, Florida, as
follows:
1. That until such time as the City of Okeechobee adopts its budget for the period beginning
October 1, 1981, and ending September 30, 1982, the City hereby adopts its prior year adopted
fiscal budget, as amended and authorizes the expenditure of money based upon said budget.
PASSED AND ADOPTED in a scheduled session of the City Council of the City of Okeechobee,
Florida, this 22nd day of September, 1981.
After discussion, Councilman Watford mOVed to adopt the Resolution. Seconded by Councilman
Chapman. Motion carried.
$1-1 19 FINANCIAL SUTDY BY KELTON AND ASSOCIATES
Chairman Pro-Tern Burk explained briefly to the public present the purpose of this financial
study.
Councilman Chapman stated that this study would clarify things between the City Council and
the County Commissioners and also the City and County taxpayers. Chapman further stated that he
had received several calls from City taxpayers urging approval of the study and he feels also the
study should be made.
Councilman Watford stated that he agreed with Councilman Chapman and he too had had several
calls from City taxpayers. Watford did point out that the firm of Kelton and Associates was
quick to point out that their study may find there is no double taxation.
City taxpayers, Frank Altobello, Andrew Rubin, Beverly Borenstein, Ray Wilbur, Gil Culbreth,
and Anna Jane Breland individually stated their support of the City hiring Kelton and Associates
to make the financial study.
After further discussion, Councilman Chapman moved to authourize Mr. Fellows to begin
negotiations with Kelton and Associates for a county-wide financial study for a price not to
exceed $6,000.00. Seconded by Councilman Watford. Motion carried.
g 1-132 VOLUNTEER FIREFIGHTERS
PROJECT FOR 1982 FIREWORKS DISPLAY
Fire Chief Tomey appeared before the Council on behalf of the Volunteer Firefighters and
explained the plans presently being made for the 1982 Fourth of July celebration. Chief Tomey
stated that a goal of $4,500 had been set and there are activities being planned to raise these
funds.
g1-133 ANNA JANE BRELAND
EVANS PROPERTY RENTALS - GARBAGE
Mrs. Anna Jane Breland appeared before the Council asking for clarification of the garbage
ordinance in regard to the Evans Property rentals. Mrs. Breland stated that most of her 25
houses are rented by migratory workers and are sometimes vacant for three to four months. Mrs.
Breland stated that the ordinance refers to a vacation and she would be willing to sign an
affadavit to exempt her rental property from garbage fees while the property is vacant.
After discussion with Council members, Chairman Pro-Tem Burk informed Mrs. Breland that
"vacation" meant someone actually leaving the residence for three to four months, not a
time between renters. There are no exceptions to the ordinance and therefore, the garbage fee
must be paid.
Councilman Chapman stated that he felt this portion of the ordinance is unfair to a
certain extent--rental property with expenditures but no revenue. Chapman further stated that
he felt since the full Council had adopted the ordinance, the full Council should be present for
discussion on the matter.
$1-13#CORRESPONDENCE WITH DEPARTMENT HEADS
1 ) CITY CLERK
A) WARRANT REGISTERS
Clerk Thomas informed the Council the Water and Sewer and General warrant registers were
ready for approval and the monthly financial statements are out for Council inspection.
Councilman Watford moved to approve the Water and Sewer warrant register of $29,181.51 and
the General Fund warrant register of $11 ,838.85. Seconded by Councilman Chapman. Motion
carried.
g!-6 CORRESPONDENCE WITH COUNCILMEN
1 ) DOWLING WATFORD, JR.
A) CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
Councilman Watford reported that the Central Florida Regional Planning Council will meet
on September 24, 1981, in Bartow. The agenda for this meeting includes the staff's
to appeal the Country Club of Champions project to the Governor.
ADJOURNMENT
There being no further matters of business, Chairman Pro-Tem Burk adjourned the meeting at
8:20 P.M.
- Edward W. Doug±~s / ' -"
Chairman/May or
City of Okeechobee
ATTEST:
Bonnie S. ' T~omas
City Clerk
City of Okeechobee
SPECIAL SESSION THURSDAY, SEPTEMBER 24, 1981
The City Council of the City of Okeechobee, Florida, convened in special session in the
City Council Chambers at City Hall, Okeechobee on Thursday, September 24, 1981, for the purpose
of holding the first public hearing on the~ adoption of a resolution for the City of Okeechobee
2938
Comprehensive Plan.
Chairman/Mayor Edward W. Douglas called the meeting to order at 7:00 P.M. 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
and Attorney David Conlon.
$I=6 Mr. Bill Miller of the Central Florida Regional Planning Council appeared before the Council
to give a brief overview of the Comprehensive Plan stating that the Council is now into the
adoption phase of the Plan.
Mr. Miller stated that the Plan is basically a document which will guide any future
development in the City of Okeechobee. A set of guidelines in the form of eight (8) elements
is given:
1) a Future Land Use Element
2) a Traffic Circulation Element
a General Sanitary, Sewer, Solid-Waste Drainage and Portable Water Element
4) a Natural Resource Conservation Element
5) a Recreation and Open Space Element
6) a Housing Element
7) an Intergovernmental Coordination Element
8) an Electric Utility Element
Mr. Miller further stated that each element has a set of goals and objectives which the
City has agreed they would follow.
Attorney Conlon discussed with Mr. Miller the City's Comprehensive Zoning Map as a part of
the Comprehensive Plan. The existing zoning procedures will remain the same as long as they do
not interfere with the Plan.
Councilman Burk questioned the amendment process in future years of the Comprehensive Plan.
Mr. Miller explained that the amendment process is similar to the process that is now being
done for adoption of the Plan. The Council would propose an amendment to the Plan, submit it
to the Planning Council for review, hold public hearings and then adopt the amendment.
Chairman Douglas called for input from the public. Mr. Lloyd Chartier of Ferebee Realty
stated that he is concerned about the industrial zoning. Representing Mr. Louis Fine, who owns
property along the railroad right-of-way zoned industrial. Mr. Chartier stated that he had been
informed this Plan would change industrial zoning within the City.
Mr. Chartier was informed by Administrative Assistant Fellows there are no considerations
underway by the Planning and Zoning Board or the City Council for changing any presently industria:
zoned land.
There being no further questions regarding the Comprehensive Plan, Chairman Douglas informed
those present the next scheduled Public Hearing for final adoption will be October 8, at 7:00 PM.
Chairman Douglas adjourned the meeting at 7:25 P.M.
ATTEST: <-,- !!i!rr!~nW/okM!i!! ¢ b e e/
Bonnie S, Th~omas
City Clerk
City of Okeechobee