523 City of OkeechobeeORDINANCE NO. 523
RN 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 ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF;
PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SEPCIFIED LAND FROM
INDUSTRIAL TO CCBD (CENTRAL COMMERCIAL BUSINESS DISTRICT) AND INDUSTRIAL
TO COMMERCIAL.
WHEREAS, application has been duly made to change the zoning classification
as herein$tated, 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 Com-
prehensive 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 demed to be in the best interest of the City of Okeechobee to change
the zoning classification of the land lying wihtin 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 INDUSTRIAL TO CCBD (CENTRAL COMMERCIAL BUSINESS DISTRICT)
Block` 161 and Unplatted lands 3 -B 37S 35E .75 acred and parcels 7,8,10,
and 11 east of the Railroad Tracks, City of Okeechobee
INDUSTRIAL TO COMMERCIAL Block 162, City of Okeechobee
SECTION 2. That the application requesting this zoning change and proof
of 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 oridance.
SECTION 4. This ordinance shall become effective immediately upon its adoption.
Introduced on first reading and set for public hearing this6th day of February,
1984.
ATTEST:
L-
ARD W. DO LA
Chairman
BONNIE S. HOMAS, CMC
City Clerk
ATTEST:
Introduced on second and final hearing this 20th day of February 1984.
Lg f %Lwefi �
BONNIE S. THOMA , CMC
City Clerk
EIWARI W. DOUGLAS, D.C.
Chairman
CITY COUNCIL
Dr. Edward Douglas, Mayor
Jim Knight, Sr., Vice Mayor
COUNCIL MEMBERS
Oakland Chapman
Dowling Watford, Jr.
Oscar Thomas
CITY ADMINISTRATION
J. Mallette Westbrook
Dir. of General Services
813-763-7292
Richard C. Fellows
City Administrator
813-763-4116
Bonnie Thomas
City Clerk
813- 763 -3372
Landon C. Fortner, Jr.
Dir. of Public Works
813- 763 -7054
Larry Mobley
Chief of Police
813- 763 -5521
L. Keith Tomey, II
Fire Chief
813-763-4423
CITY OF OKEECHOBEE
CITY HALL ,5555'SOUTu -AsT THIRD AVENUE
OKEECHOBEE, FLORIDA 33472-2932
Home of The Second Largest Fresh Water Lake in the United States
MEMORANDUM
TO: THE CITY COUNCIL
FROM: THE PLANNING BOARD
DATE: JANUARY 10, 1984
RE: Rezoning request by the city to rezone Block 161 and Unplatted
lands 3 -B 37S 35E .75 acres and Parcel 7,8,9,10,11, South
Park Street east of the Railroad Track from Industrial to
CCBD (Central Commercial Business District) also, Block 162
from Industrial to Commercial. The zoning of these properties
needs to be changed to keep out anything that would be hazardous
to the city.
Request: To keep out hazardous materials.
Discussion: No objections were voiced.
Action Taken: Board members reviewed the sixteen requirements with
no objections to the findings. Member Altobello moved
to recommend to the City Council to grant the rezoning
request from Industrial to CCBD and Industrial to
Commercial. Seconded by member Worthen. Motion carried.
J r Wri ght
Planning Board
City of Okeechobee
ice Chairman
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This Survey Prepared For Deiv-V3 A41..//beryer
SURVEYORS CERTIFICATE
This Certifies that a survey of the above described
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NOTICE OF UNTENTION TO AMEND CITY ZONING ORDINANCE #402
NOTICE is hereby given that the Planning Board of the City of Okeechobee
Florida, a municipal corporation will consider rezoning from Industrial to
CCBD, Central Commercial Business District, and to amend according the Com-
prehensive Zoning and Ordinance #402, the following described real property,
situate, lying and being within the corporate limits of the City of Okeechobee,
Florida, to -wit:
All Blocks and unplatted land developed and undeveloped in the Industial
Zoning boundary between Southwest 7th Avenue and Northwest 7th Avenue to
Southwest 9th Avenue and Northwest 9th Avenue between Northwest 2nd Street
and Southwest 2nd Street.
and that a public hearing in relation thereto will be held at 7:00 P.M. on the
6th day of December, 1983, in the City Council Room, City Hall, Okeechobee,
Florida, at which time all parties in interest and citizens shall have an
opportunity to be heard.
PLEASE GOVERN YOURSELVES ACCORDINGLY.
Mallette Westbrook
Building And Zoning Administrator
PUBLISH IN THE OKEECHOBEE NEWS: November 18, 1983
Posted on property November 18, 1983, by Building Official Mallette Westbrook.
Additional information may be obtained by calling 763 -3372.
NOTICE OF INTENTION TO AMEND CITY ZONING ORDINANCE #402
NOTICE is hereby given that the Planning Board of the City of Okeechobee
Florida, a municipal corporation will consider rezoning from Industrial to
CCB1), Central Commercial Business District, and Commercial, and to amend
according the Comprehensive Zoning and Ordinance #402, the following
real property, situate, lying and being within the
of Okeechobee, Florida, to -wit:
Industrial to CCBD, Central
described
corporate limits of the
Commercial Business District all of Block
161 and Unplatted lands 3 -B 37S 35E .75 Acres and Parcel 7,8,9,10,11
West South Park St. and Industrial to Commercial all of Block 162.
and that a public hearing in relation therto will be held at 7:00 P.M. on
the 10th day of January, 1984, in the City Council
Florida, at which time all parties in
opportunity to be heard.
PLEASE GOVERN YOURSELVES ACCORDINGLY.
City
Room, City Hall, Okeechobee,
interest and citizens shall have an
Alj
Mallette Westbrook
Building and Zoning Administrator
PUBLISH IN THE OIfEECHOBEE NEWS: December 23, 1983
Posted on property December 21, 1983, by Building Official Mallette Westbrook.
Additional information may be obtained by calling 763 -7292.
NOTICE OF INTENTION TO AMEND CITY ZONING ORDINANCE //402
NOTICE is hereby given that the Planning Board of the City of Okeechobee
Florida, a municipal corporation will consider rezoning from Industrial to
CCBD, Central Commercial Business District, and Commercial, and to amend
according the Comprehensive Zoning and Ordinance (/402, the following described
real property, situate, lying and being within the corporate limits of the City
of Okeechobee, Florida, to -wit:
Industrial to CCBD, Central Commercial Business District all of Block
161 and Unplatted lands 3 -B 37S 35E .75 Acres and Parcel 7,8,9,10,11
West South Park St. and Industrial to Commercial all of Block 162.
and that a public hearing in relation therto will be held at 7:00 P.M. on
the 10th day of January, 1984, in the City Council Room, City Hall, Okeechobee,
Florida, at which time all parties in interest and citizens shall have an
opportunity to be heard.
PLEASE GOVERN YOURSELVES ACCORDINGLY.
?Ae%o
Ma lette Westbrook
Building and Zoning Administrator
PUBLISH IN THE OXEECHOBEE NEWS: December 23, 1983
Posted on property December 21, 1983, by Building Official Nanette Westbrook.
Additional information may be obtained by calling 763 -7292.
C3L- urtmic&cw,-J
). An/ U.A)-Q-1 ruvt4i
()-1-QA/
NAM!
DATE
Findings - REZONING
A. Is the proposed change contrary
use pattern?
t () t_h� ostabli Shed land
H. Will the proposed change creaL( an isolated district
unrelated to adjacent and nearby property?
C. Will the proposed change materially alter the population
density pattern and thereby increase or overtax the load
on public facilities such as schools, utilities, streets, etc
U. Are existing district boundaries illogically drawn in
relation to existing conditions on the property proposed
for change?
Will the proposed change be contrary to the City's compre-
hensive plan?
• Do changed or changing conditions make the passage of the
proposed amendment necessary?
Will the proposed change adversely influence living condi-
tions in the neighborhood?
Will the proposed change create or excessively increase
traffic congestion or otherwise affect public safety?
Will the proposed change create a drainage problem?
Will the proposed change seriously reduce light and air
to the adjacent areas?
. Will the proposed change adversely affect property values
in the adjacent area?
Will the proposed change be a deterrent to the improvement
or development of adjacent property in accord with existing
regulations?
M. Will the proposed change constitute a grant of special
privilege to an individual owner as contrasted with the
public welfare?
. Are there substantial reasons why the property cannot be
used in accord with existing zoning?
. Is the change suggested out of scale with the needs of the
neighborhood or the City?
Is it impossible to find other adequate sites in the City
for the proposed use in districts already permitting such
use?
CITY COUNCIL
Dr. Edward Douglas. Mayor
Jim Knight, Sr., Vice Mayor
COUNCIL MEMBERS
Oakland Chapman
Dowling Watford, Jr.
Oscar Thomas
CITY ADMINISTRATION
.1. MaUette Westbrook
lh, nt l•rnrr..I Sr vs II.'S
Richard C. Fellows
City Administrator
813-763.4 1 1 li
Bonnie Thomas
City Clerk
813- 763 -3372
Landon C. Fortner, Jr.
Dir. of Public Works
813-763-7054
Larry Mobley
Chief of Police
813- 763.5521
L. Keith Tomey, II
Fire Chief
813- 763 -4423
CITY OF OKEECHOBEE
CITY HALL 55 SOUTHEAST THIRD AVENUE
OKEECIHOBEE, FLORIDA 33472.2932
Home of The Second Largest Fresh Water Lake in the United States
January 5, 1984
John Cassels
400 N.W. 2nd St.
Okeechobee, Fla. 33472
Dear Mr. Cassels
Please be advised the Planning Board of the City of Okeechobee
Florida, will consider the rezoning of Block 161 and the unplatted
lands 3 -B 37S 35E .75 acres and Parcel 7,8,9,10 amd 11 At East South
Park Street from Industrial to CCBD and Block 162 from Industrial
to Commercial and that a public hearing in relation thereto will be
held at 7:00 P.M. on the 10th day of January 1984 in the City
Council Room, City Hall.
If you have any questions, please feel free to contact our office
at 763 -7292.
/bc
Sincerely,
Beatrice Castorina
Secretary, Planning Board
X,e/171,W
. n' al" Yaw
SUITE 400
2001 PALM BEACH LAKES BOULEVARD
WEST PALM BEACH, FLORIDA 33409
TELEPHONE (3051 686 -1000
December 1, 1983
Ms. Beatrice Castorina
Planning Board Secretary
City of !Okeechobee
City Hall
55 S. E.: 3 Avenue
Okeechobee, Florida 33472 -2932
Dear Ms. Castorina:
I received your letter on November 24, 1983, 16 days from
the day of this letter.
Therefore, the time does not permit me to make arrangements
to be present at the City Hall on Tuesday, December 6, 1983, in view
of the fact that I will be in New York City at that time.
The description of the land to be rezoned is rather
vague to me, and I was unable to follow the boundary lines.
In either event, I assume that in the future if the
property should be rezoned back to industrial or rezoned to apart-
ments there would be no difficulty in doing so, and, therefore, at
this time, based upon the above, I would have no objection to the
rezoning, assuming that it does cover my property.
With kindest regards,
JN:mlr
pe
emeC`
REGU4R MEETING
JANUARY 10, 1984
The Planning Board /Board of Adjustments and Appeals met in regular session on
Tuesday, January 10, 1984, at City Hall in the Council Chambers, Okeechobee, Florida
at 7:00 P.M.
Members present were: Darrell Ferneau, Frank Altobello, Jim Wright and Lula
Worthen. Madam Chairman Brenda O'Connor was absent.
Others present were: Building and Zoning Administrator, Mallette Westbrook; Attorney,
Conlon and Secretary, Bea Castorina.
BOARD OF ADJUSTMENTS AND APPEALS
Vice Chairman Wright called the Board of Adjustments and Appeals into session.
APPROVAL OF MINUTES
There being no additions or corrections to the minutes, member Altobello moved
the minutes of December 6, 1983 meeting standed approved as presented. Seconded by
member Ferneau. Motion carried.
ADJOURNMENT
'There being no business to come before the board, member Altobello moved to
adjourn. Seconded by member Worthen. Motion carried.
PLANNING BOARD
Vice Chairman Wright called the Planning Board into session.
APPROVAL OF MINUTES
Where being no correction or additions to the minutes of December 6, 1983 meeting
member Ferneau moved the minutes stand approved as presented. Seconded by member
Altobello. Motion carried.
CITY bF OKEECHOBEE - REQUEST FOR REZONING
Building and Zoning Administrator, Mallette Westbrook spoke on behalf of the City
for the rezoning. He stated the boundries have been revised on the rezoning, due to
Mr. Morgan objection. The new requests are all block 161, part of the old canning
plant (Parcels 7 8 9 10 11) and 3 -B .75 acres(this
' ' parcel is in Flagler Park), which
is noW Industrial will be rezoned to CCBD. and All of block 162, now zoned Industrial
will be rezoned to Commercial.
Mr. Westbrook stated he has received a letter from attorney John Cassels stating
Mr. Morgan with drew his objection to the rezoning as long as the rezoning stands as
indicated above.
Discussion ensued. No objections were voiced.
Attorney Conlon asked if this would cause anybody's property in the zoning
area now to be in a grandfather situation in, that there use right now would violate
this change, but the use would continue because the City could not violate the pro-
perty Owners out of there use. Mr. Westbrook stated no.
Attorney Conlon asked if there were any Industrial use being done on this property.
Mr. Westbrook Stated no.
Attorney Conlon asked if there were still Industrial zoning sites within the City, vacant
property, where any Industry moving into town could find, right in the City, more
suitable areas. Mr. Westbrook stated yes and within a reasonable distance to down town.
The board went over the findings for a rezoning. Member Altobello moved to
recommend City Council grant the rezoning of the property. Seconded by member Worthen.
Motion 'Carried.
' AMENDMENT TO ORDINANCE #258
Discussion to amend Ordinance # 258 for less footage from a church or school
for on premises consumption of wine and beer where food is served by special exception
Attorney Conlon advised the board needed to distinguish how the distance is to
be measured. Discussion ensued.
Member Altobello stated he thought the distance should be measured from the
center of the lot to the center of the designated lot and measure on city map.
Member Ferneau stated he liked the 700 feet with the special exception.
Vice Chairman Wright stated he thought to leave the 700 feet and measure from
front door to front door and measure on city map.
After a lenghty discussion member Ferneau moved to table until the next meeting
to give the board members more time to study the matter. Seconded by member Altobello.
Motion carried.
MALLRTTE WESTBROOK
M, Mr. Westbrook advised the board, the tour to Cardinal Industrials is scheduled
for February 2, 1984, at 10:00 oclock A.M.
ADJOURNMENT
There being no further business to come before the board, member Worthen moved
to adjourn. Seconded by member Altobello. Motion carried. Meeting Adjourned.
James C. Wright Vice Chairman
Planning Board
City of Okeechobee
ATTEST:
Beatrice Castorina Secretary
Planning Board
City of Okeechobee
THERE IS A TAPE OF THIS MEETING IN IT'S ENTIRETY IN THE CLERK'S OFFICE.
3118
REGULAR MEETING MONDAY, FEBRUARY 20, 1984
The City Council of the City of Okeechobee, met in regular session in Council Chambers,
55 Southeast Third Avenue, Okeechobee, Florida at 7:08 P.M.
Chairman Edward W. Douglas called the meeting to order with the following Councilmen
present:
Edward W. Douglas, D.C., Chairman
James Knight, Vice Chairman
Dowling R. Watford, Jr.
Oscar Thomas
Oakland Chapman
Others present were:
Bonnie S. Thomas, City Clerk
Richard C. Fellows, City Administrator
David M. Conlon, City Attorney
Lydia J. Wilkerson, Deputy Clerk
AGENDA ITEMS #II & III - INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was offered by Chairman Douglas, followed by the Pledge of Allegiance.
R4 -I AGENDA ITEM #IV - APPROVAL OF MINUTES
Chairman Douglas called for approval of the minutes of the Regular Meeting of February
6th, 1984.
There being no additions or deletions, the minutes were approved as presented.
84 -22 ,AGENDA ITEM #V - INDUSTRIAL DEVELOPMENT AUTHORITY - ACTION ON A REQUEST FOR WATER & SEWER
HOOKUP FOR INDUSTRIAL PARK
Chairman Douglas stated that members of the Industrial Development Authority were
present to discuss their request for water & sewer service for the Airport Industrial Park,
and that Attorney Conlon had been in touch with the Central Florida Regional Planning
Council's attorney concerning the drafting of a letter which would secure the $250,000.00
grant.
Chairman Douglas asked Attorney Conlon to explain the letter for Council.
Attorney Conlon stated that the attorney for the Central Florida Regional Planning
Council had dictated the form of a letter to him earlier this afternoon and the City Council
put in other disclaimers about meeting City's rules and regulations, charges, and mainly that
the City will reserve the water for the Industrial Park. This letter would secure the
$250,000.00 grant to be given to the Industrial Development Authority.
Attorney Conlon read the letter for the Council as follows:
The City regarding the availability of water and sewer service for the proposed
Airport Industrial Park located at Okeechobee County Airport. The City of Okee-
chobee will provide water and sewer service to the project site as requested
after annexation of the project site by the City. The City will reserve for
the project site water and sewer capacity as set forth below.
Water service will be available in an amount not less than 75,000 gallons per
day. Sewer service including service for industrial waste water treatment will
be available in at amount of not less than 50,000 gallons per day and will be
provided by the new sewer plant currently being developed by the City.
Attorney Conlon suggested the City have 2 letters, one stating the water is already
available, and one stating the sewer would be available upon annexation.
Councilman Thomas asked if this letter was agreeable to the Industrial Development
Authority.
Attorney Conlon stated that it was probably news to everyone that upon annexation
water and sewer would be available.
m(/I
Phil Berger addressed Council and stated that as Chairman of the Industrial Development
Authority, he could not speak for the County Commissioners as to the annexation. He then
stated, "We formally accept the City's reservation for the water and sewer. And hereby for-
mally charge the Okeechobee City Council and the County Board of Commissioners to work out
their problems with ad valorem, annexation on any other service to the promotion of business
and industry. And if you have any other reservation, contingency or stipulations, I wish
that you would formally bring it up before the Board of County Commissioners, because we are
'lot message carriers nor are we an agency for the Board of County Commissioners, nor an
agency for the City Council. We are citizens for the community of Okeechobee ".
Chairman Douglas asked for Public comments.
Mr. Henry Kelly, President of the Chamber of Commerce stated he has had numerous calls
from members of the Chamber of Commerce and directors, and the gist of them all were that it
should be considered unthinkable that we would allow anything to happen in the City and or
the County to invalidate the grant.
Attorney Conlon asked if anyone had heard from the Central Florida Regional Planning
Council since 5:20?
Phil Berger stated he was told at 4:30 P.M. that there would be 2 letters.
Attorney Conlon replied that the Central Florida Regional Planning Council's attorney
had only dictated the "one" letter, but he suggested that there be 2 letters, and it was his
understanding this one letter would secure (hold) the grant.
Mr. Berger then stated again, that he could not speak for the County Commissioners as
to the annexation.
Councilman Thomas asked Mr. Berger if the Industrial Development Authority had any
problems with the letter.
Mr. Berger replied by stating that he had no problems but that he felt the City and
County needed to get together.
There was a brief discussion among Councilman Watford, Elder Summer and Phillip Berger
concerning who was at fault in this situation, (City -- County -- Industrial Development
Authority) in waiting until such a late date to work out details concerning all parties
and things should have been done in a more timely fashion in preparation for the application
of the grant.
Mr. Berger asked Councilman Watford to clarify if the Industrial Development Authority
was at fault.
Councilman Watford answered, "No, I don't think so - the property belongs to the County ".
Mr. Berger asked Attorney Conlon if he agreed.
Attorney Conlon stated that he did not have anything to do with that part of it, and
as he saw it, the City send the letter tomorrow, the grant is reserved and protected and will
beawarded. The sewer plant goes in in 1- 2- 3years from now, and you will be signing up some
tenants that will need sewer and somewhere between now and then the County will say whether
or not they want to annex. If they say they do not want to - then there will be some dialogue
back and forth and it will eventually be resolved in the political arena, and if they say
they do want to annex they will call a petition - we will hold the hearings and that will be
it.
The Industrial Development Authority stated, "I believe we rest ".
Chairman Douglas asked for discussion.
There was no response.
Chairman Douglas called for a motion.
Councilman Knight moved to accept the letter as stated by Attorney Conlon to preserve
the grant. Councilman Chapman seconded the motion.
Chairman Douglas asked for any further discussion before voting on the motion.
Councilman Watford stated he felt that one of the main problems with this was the
annexation. He also noted that some remarks were made earlier by the County Commissioners
that they had some money paid into the sewer plant facility and therefore they should
be entitled to use the sewer in the County. It was further stated that the County has
paid 3/4 of 1% capacity on the sewer facility and the County currently is using 19%
capacity and he feels they are getting over their moneys worth already.
Councilman Watford then stated, "The 6" water mains will not be sufficient for
adequate fire protection, and the Industrial Development Authority and County Commissioners
have to be aware of this fact; that everything (including pipes, valves, lines, etc.)
must meet the City's requirements - because after all, we are here to protect the City
against lawsuits. And we are requesting larger lines in order to provide adequate fire
protection and I don't have any problem with the letter being sent - but we have to make
sure that we are protected, so no one can come back and sue the City for something one
down the road ".
Attorney Conlon stated that hecould add a paragraph onto the letter stating that
that "subject to the City's rules and regulations ".
Attorney Conlon asked Director Fortner, "What size line will supply 75,000 gallons
and what size line is needed to supply adequate fire protection ".
Director Fortner replied, " "Several questions must be asked first to find out what
size line could be used for 75,000' gallons; 1) how many hours is going to be involved
in drawing the 75,000 gallons? and 2) how many per minute? That would average the direct
effect on the existing water system if they exceed certain amounts and it starts lowering
pressure in a given area. Well that compounds the problems down the lines, if it is
a small volume stretched out over 24 hours you have a different situation than you do
over a few hours ".
Attorney Conlon asked, "When you say you are using 75,000 gallons per day - does
that not mean that its divided over a 24 hour period and you don't say any further, does
that not get the hourly rate ?"
Director Fortner answered, "No, sir, they may only be open 8 hours (business) ".
Attorney Conlon then asked, "What type of line do we need to meet this letter re-
quirement, the way it is worded, 75,000 gallons per day ?"
Director Fortner stated, "We are talking about a mile of water lines, a 12" water
line would supply you 2,000 gallons per minute. Again it depends on what period of time
that they want to draw the water, A 6" water line would supply you 300 gallons per minute.
How many hours are you expecting the 75,000 gallons - what period. I don't know if that
answers your question ".
Councilman Knight stated that no one really knows this yet.
Attorney Conlon then said, "If we send this letter, what are we obligating our-
selves for ?"
Phil Berger stated that the Engineer who designed the Industrial Park was present,
Mosley Collins, if the Council wished to ask him any questions concerning the problem.
Chairman Douglas suggested that the Engineer and Director Fortner get together and
discuss a few things and bring it back before the Council, on the policy, etc.
Attorney Conlon stated, "Whatif the Council sends this letter now, we need to have
some type of an idea as to the amount of water supply, (the 75,000 gallons of water will
be supplied at 300 gallons per minute or something like that) because what if they came
back after we send the letter and said that they needed a 12 inch line? Or would an 8"
line be better, could I say an 8" line? In the letter I could say 75,000 gallons per day
through an 8" line."
T
Director Fortner stated, one thing, he felt the County Commission would like to know
how this is handled because they are also opening bids tomorrow involving these things.
They are going to need some guidance concerning what size lines. Their plans show 6"
lines." Director Fortner further stated he felt that something might have to be decided
tonight.
Attorney Conlon asked if a 6" line would be OK for fire protection. What size would
be needed for this protection.
Director Fortner stated that according to the Fire Chief and again depending on
what it out therey you may need 3,0Wiga1.?er minute maybe a 14 or 16 inch line.
Phil Berger asked Council with the annexation - what causes the City to be concerned
with the lines for the fire protection.
Attorney Conlon answered that the City needed to know what size line was needed when
we signed the letter.
Phil Berger stated, "The lines are on the plans."
Councilman Watford asked, "Are these the lines on the plans that the City has ?"
Mr. Berger answered, "Yes ". Councilman Watford then asked if they were going to expect
the City to accept these lines if they were dedicated to us." Mr. Berger said that it
didn't matter to him, and further stated that he had written a letter to the City stating
that we could accept the lines if we wanted to, and if we didn't want then he supposed
the Industrial park would.
Councilman Watford then stated that ifa formal request was made to the City for
accepting these line, the Industrial Development Authority needed to know that the lines
would have to meet the City's specs.
Mr. Berger asked how did the 6" lines fail to meet the City's specs.
Councilman Watford answered by saying, "The PVC is 160psi and we require 200 psi.
Iron pipe class 50 and we used class 52, and we use solid gate valves. There are 125psi
for 1 hour and we would need 150 psi for 2 hours. These are some of the things that show
all the items won't meet our specs. So some of this needs to be changed. Apparently we
did not make this clear before1but this just points out to me that there are some things
we need to have worked out. I realize that time is of the essence. Maybe what I am saying
is that you need to be aware of these faults so when you come back next time and maybe
you do want us to accept them (the lines), I would hate for you to come up here and say,
'Why didn't you tell us that this didn't meet your specs ?'"
Mr. Berger asked, "Well why doesn't this meet your specs ?" Mr. Berger asked Mosely
Collins to answer questions.
Mosely Collins addressed Council and stated, "The specifications used in the In-
dustrial Park designs meet most City's specifications With 160 psi you are only using
40 pound psi it's not recommended you use 200 pound psi. For the verification you might
ask Mr. Tommy Markham what he puts in throughout this area." Mr. Collins then stated
that they had requested alternate bids on 8" pipe tomorrow and also 7" pipe.
Mr. Collins further stated, "All the information that I have given to the City has
turned out to be adequate, sufficient, and it has never been indicated to me that there
would be any decision made other than by the Council. We submit the information to the
Council and the Council submits it to me and this is how it should be. The information
has been given back and forth. The information that I needed and we say this is what
we have and the final decision is to be made by the Council."
Mr. tommy Markham addressed Council and stated that he has been installing these
size pipes witivntheCity with no objections, also installed in Jupiter, West Palm Beach
and Ft. Pierce. He stated that he understood that the City has just recently changed
their specifications to give some extra added protection but it is definitely not necessary
where this type was being installed. Mr. Markham wanted to point out to the people pre-
3422
sent that it was not out of the ordinary for the Industrial Development Authority to
use these size lines.
Councilman Watford stated that he was not picking on this one issue, he just wanted
to point out that there were some problems that needed to be resolved.
Citizen Jim Baughman addressed Council concerning the jobs which would be available
if the Industrial Park developed. He further stated that Mr. Berger and the other men
working on the Industrial Park had really done a great job and he felt appreciation was
due them.
Councilman Watford replied to Mr. Baughman's comments by stating that he in no way
wants to jeopardize the grant, but the City still needs to be protected, and as a Council-
man,
this was his job to see to it.
Fire Chief Tomey stated that a 12" water line was needed for fire protection. Chief
Tomey also stated that if anyone needed proof they could stop by his office and look in
the Fire Almanac and they could find the answers to their questions.
Councilman Watford made a motion to amend the motion to say 50,000 gallons per day
in the water and 75,000 sewer and to add the following conditions so everybody will
understand: 1. Lines will be accepted for maintenance only when brought up to City
specs. Otherwise service will be provided by master meter. 2. Any improvements needed
to provide a greater level of service will be funded by Industrial Authority or users.
3. The City shall approve each customer and reserves the right to refuse water or sewer
service to any user that would interfere with the performance of the City's system. The
City will have the right to collect samples at any reasonable time, and 4. The City
recommends larger main sizes for fire protection and can not be held responsible for water
for this purpose.
Chairman Douglas asked if there was a second on the motion to amend.
Councilman Knight asked, "If they asked for it then why couldn't a motion be made?
Attorney Conlon answered by stating that when the letter was being dictated to him,
he asked the attorney from the Central Florida Regional Planning Council, 'If we don't
put something in there about complying with our specifications could we put that into
the letter' ". Attorney Conlon stated that he was going to ask' the Council that if the
letter passed that we rework it a little bit and that Mr. Fellows and himself call before
we signed the letter or anything and read it word for word so that we would not send
anything to endanger the grant. I don't know if some of those things would or would not
be accepted, there is no way I would know, without reading it to their attorney and seeing
if it were agreeable to them. Those are all very good points if we put those in and if
they understood them and we put something in there about subject to our rules and regu-
lations maybe it could be handled that way."
Councilman Watford asked to withdraw his motion and make another one. Councilman
Watford then moved that we amend the water rate to 50,000 gallons per day based on a flow
average of an 8 hour day.
Councilman Thomas asked, if that had anything to do with the water lines?
Councilman Watford replied, "Not yet ".
Chairman Douglas asked if there was a second to the motion to amend?
Councilman Watford stated, "You better do it gentlemen - we can't supply more than
50,000 gallons."
Councilman Knight asked Director Fortner how he felt about this?
Director Fortner answered, "With an average flow of 50,000 gallons a day it will
.gut out a 100 gallons per minute ". Louncilman Thomas stated, "L.C., are you telling me
that you can only put out a 100 gallons per minute ?" Director Fortner answered, "No sir,
that is only what 50,000 gallon is calculated for over a period of 8 hours."
Chairman Douglas asked if there was a second on the motion.
Councilman Thomas stated that he felt fire protection was one of the most important
things.
Councilman Watford said, "If we are going to send this letter, we are going to be
obligated to how ever much water we say. Maybe we can supply 75,000 gallons per day
and maybe we can't ".
Chairman Douglas asked for a second to amend?
Councilman Thomas seconded the motion for discussion.
Councilman Thomas stated, "I understand that they were only asking for 25,000 gallons
and we are increasing it to 50,000 gallons, and that the attorney would go along with that ?"
Chairman Douglas asked for any further discussion.
Attorney Conlon stated, "Yes, I have a couple of questions; what would happen if I
call up there tomorrow and they say we cannot get the grant for 50,000 gallons per day ?"
Councilman Chapman asked,' "Why was the amount held at 50,000 gallons, is it possible
that someone contacted the attorney for the Central Florida Regional Planning Council ?"
Attorney Conlon replied to Councilman Chapman's comments by stating, "You would not
believe how many different amounts that I have been given in the last two days. I do know
that the City is going to call someone that has been given a grant recently. All I know
is I asked the attorney for the minimum amount in order to secure the grant and he said
^0,000 gallons."
Councilman Chapman stated, "Well you always ask for more than you need, its normal
procedure."
Attorney Conlon again stated, "I asked the attorney what the minimum requirement that
we could have in order to secure the grant, and this is what he dictated to me."
Members of the audience addressed Council as to the amount of water the industrial
park would need.
Councilman Thomas state, that Mosely Collins asked for 50,000 gallons and he had
confidence in his opinion. And if we could furnish more water fine, but we could only
reserve a certain amount.
Director Fortner pointed out that on the original application the Industrial Develop -
ment Authority only requested 25,000 gallons.
Councilman Chapman stated that this bothered him.
Audience responded to the amount of water to be used.
Councilman Thomas asked if we could supply that amount of water.
Mr. Henry Kelly addressed Council asking if the Attorney could write the letter
stating subject to the City's rules and regulations.
Chairman Douglas noted the letter was subject to annexation - and if it would become
the City's property, we have utilities, would we not be subject to furnish utilities,
either 25,000, 50,000 or 100,000 gallons. Would we not by law be made to furnish the
,tilities?
Attorney Conlon answered, "Yes, by law, if we send this letter to fund a federal
grant."
Attorney Conlon asked, "How many gallons would the current nearest line be, a 6"
an 8" - 30 if we continue that out to their property dead end, how many gallons would
that produce now ?"
Director Fortner answered, "Well, an 8" line, you're talking about a mile. They are
going to have to connect to our line at 98. There are alot of problems."
Councilman 'Thomas asked, "Could we say in our letter that this is 75,000 gallons per
:'4 hours ?"
3424
Chairman Douglas stated, "There is an amendment and a second, lets take a vote on
the amendment of 75,000 gallons to 50,000 gallons."
Councilman Watford voted Yes, Councilmen Thomas, Knight, Chapman and Chairman Douglas
voted No.
Chairman Douglas asked for further discussion.
Councilman Knight asked if we were going to change the 24 hours.
Attorney Conlon stated that he thought a day was 24 hours.
Councilman Knight stated that we could put 24 hours on the side of day in parenthesis.
Clerk Thomas asked if the original motion could be stated again for the record.
Councilman Knight stated, "I made the original motion to accept this letter so it
will need an amendment on it to put 24 hours on it and providing rules and regulations."
Attorney Conlon added, "providing that water is available now."
Chairman Douglas asked for any further discussion on the original motion.
No discussion.
Chairman Douglas asked for vote.
All Councilmen were in favor.
Motion carried.
Councilman Watford asked if there was a time limit?
Attorney Conlon stated, "We normally do. When I was talking to the attorney, I
mentioned that we normally did. If they get the grant approved - I suppose a long term
but even a long one is better than a totally open ended one. Do you suppose we could
have something like a 5 or 10 years ?"
Mr. Henry Kelly addressed Council and stated, "I would like to make one more state -
ment before I go, Dowling, don't worry, everything is gonna be all right!"
Members of the Industrial Development Authority left the meeting at this time.
Councilman Chapman stated, "I would like to say one thing, I hope we have learned
a little bit from this. I can't understand how it got through with the approval of the
Engineer and everything with L.C. - were you ever involved with this at all ?"
Director Fortner answered, "They asked questions while the plans were being drawn
up about 3 weeks ago."
Councilman Chapman stated, "Not for your approval though, what about the Fire Chief,
maybe the County Fire Chief, someone, I think we got left behind somewhere."
Councilman Knight stated, "I think we ought to make it a law for all people to come
through the right connections(channels)."
Councilman Watford stated, "A normal development would. Any.other development this
size would furnish him (Dir. Fortner) with the plans and with the capacity they would
need."
Councilmen agreed that they would still have to meet the City's requirements. If they
don't - it would not be approved, and we told them so tonight.
Councilman Knight brought up for discussion the size pipe that needed for fire pro-
tection.
Councilman Thomas asked, "Can't we work our way into that later ?"
Council replied, "No because they are opening bids tomorrow."
Attorney Conlon asked, "Isn't there something that says what size line is needed for
fire hydrants ?"
Councilman Thomas stated, "Doesn't our letter state that, isn't it in our specificatibds?"
Attorney Conlon answered, "Well you see our letter just states that we will supply
the water it doesn't say that we are going to accept their lines. So I would suppose if
they were to put in an adequate size line and if they are ready to start taking our water
now, I suppose after sending this letter we could let them know that our policy is to
inpect each hookup, and any new hookup would have to sign a disclaimer with us that we
S4 -I 5
are not responsible for water pressure for hydrants."
Councilman Thomas said, "Lets take one step at a time ".
Councilman Watford asked, "Could it be that the conditions I tried to make them accept,
we could send them something similar to that - because you mark my word, they are going
to come back to us and say why didn't you tell us that before we put these lines in -
that you would not accept them. Then we will have every taxpayer up here saying that
we are going to keep all of these jobs out of here."
Attorney Conlon stated, "We are not going to keep their jobs out - they will just
have to maintain their own lines.
Councilman Watford asked, "What if we don't supply enough water ?"
Attorney Conlon answered, "After this letter goes out there probably would npt be
a problem for the Public Works Department to send a letter to them saying - for your
information here is our rules and regulations for acceptance of lines. And if we annex
we don't have to accept private water lines."
Attorney Conlon asked, "Does the specifications call for fire hydrants ?"
Councilman Chapman stated, "Well who called for the fire hydrants if we didn't ?"
Director Fortner said that the County fire hydrants have to be inspected by the
County Commission.
Attorney Conlon stated, "They have to approve the fire hydrants but we don't have
to extend water unless they do. There is a policy by either resoltuion or something
that has been in effect for several years."
Director Fortner commented the wording was not exactly like that.
Fire Chief Tomey stated that about 3 years ago there was a resolution that they had
to have a fire hydrant within so many feet before we would put in service in the County
or anywhere.
Councilman Chapman said, "What if .hey dug a big pond right in the middle of it and
got the water from that for the fire hydtants."
Fire Chief Tomey stated, "Yes, that would be fine. You could do that."
Chairman Douglas asked, "Is it agreeable with the Council for Mr. Fellows and
Director Fortner to get together and send a letter to the Central Florida Regional
Planning Council and the Industrial Development Authority stating the City's specifica-
tions."
Administrator Fellows stated, "They have a copy of the requirements. We furnished
a copy of the specifications to Mr. Collins and evidentally, they have not gotten back
with Director Fortner. It is going to be their problem if they don't install the right
size pipe. The City just won't accept the lines."
Councilman Watford asked if Mr. Berger knows what size lines we require.
The Administrator affirmed Mr. Berger verbally knows that Mr. Collins has the list,.
AGENDA ITEM lVI - FIRST READING ORDINANCE - SPEED LIMIT SIGNS - CHURCHES
Chairman Douglas introduced the ordinance and read the title only as follows:
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE,
FLORIDA; AMENDING CHAPTER 17 TO ADD A NEW SECTION 17 -2 TO PROVIDE
THE OKEECHOBEE POLICE DEPARTMENT WITH AUTHORITY TO SET SPEED ZONES
ON SUNDAYS IN THE VICINITY OF CHURCHES AND IN CONNECTION WITH OTHER
SPECIAL. EVENT..; PROVIDING AN EFFECTIVE DATE.
Chairman Douglas asked for any discussion before voting.
Councilman Thomas made amotion to set the ordinance for Public Hearing on March 5th.
Councilman Knight, seconded the motion.
Chairman Douglas asked for any comments concerning the ordinance.
3426
Attorney Conlon stated there was one thing with the wording he would like to change.
Citizen Andy Rubin asked the Council if the Police Chief had Ok'ed the ordinance.
Council replied, "Yes ".
Chairman Douglas noted that he felt the ordinance should not state "Sundays" only.
There are some denomenations which worship on Saturdays.
Attorney Conlon said this was the changes he was speaking of earlier.
Chairman Douglas asked for vote.
All Councilmen were in favor of the ordinance being set for Public Hearing on
March 5th with the changing of the word "Sundays ".
Motion then carried.
84 -23 AGENDA ITEM #VII - PUBLIC HEARING & FINAL READING - ORDINANCE PROVIDING PROGRESSIVE
SCHEDULE ON WATER & SEWER RATES
Chairman Douglas read the ordinance by title only as follows:
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE;
AMENDING CHAPTER 18, ARTICLE II, SECTION 18 -22 TO ESTABLISH NEW RATES
AND CHARGES FOR THE WATERWORKS SYSTEM; AMENDING CHAPTER 18, ARTICLE III,
SECTION 18 -48 SUB - PARAGRAPH (2) (d) TO INCREASE SEWER USE FEES AS RE-
QUIRED BY THE CITY'S BONDING ORDINANCE; PROVIDING AN EFFECTIVE DATE.
Chairman Douglas noted the ordinance should read 1984 instead of 1985.
Chairman Douglas asked for any comments from the audience concerning the ordinance.
Citizen Andy Rubin addressed Council on the following subjects: having two ordinances
one for water and one for sewer; water raises in 1976, 1982, 1983, 1984 and 1985; as
President of the Taxpayer's Association he requested the Council not to agree to the
raise; and stated the Industrial Development Authority was doing a wonderful thing for
the City.
Citizen Frank Wilbur, Vice President of Taxpayer's Association addressed Council and
stated that he agreed with Mr. Rubin's statements notto increase the water & sewer rates.
Councilman Knight made a motion to amend the ordinance where it read 1985 instead of
1984. Councilman Watford seconded the motion.
Chairman Douglas asked for any further disucssion.
Attorney Conlon asked if the rates charged outside the City limits exceed 25 %:
Administrator Fellows answered, "No ".
Councilman Thomas asked Council, "If we see we do not need these increases later
on, can we eliminate the increases ?" Attorney Conlon replied, "Yes, by an ordinance."
Councilman Watford noted that the water will be increased March 1st, only for the
larger amounts of gallons used such as 5,000 - 8,000. And even if we did not increase
the rate now - come January 1st, 1985 we would have to whether we liked it or not because
in order to pay for the new sewer plant.
Administrator Fellows noted that if we found out later on we did not need the addi-
tional money received in the increase in order to pay for the sewer plant - that the Council
by an ordinance change the increase rate charged.
Councilman Thomas stated he felt the same as Andy Rubin concerning the rate increase.
He felt there were alot of pee; on fixed incomes which could not afford the increase.
Chairman Douglas called for a vote on amending the ordinance changing the dates.
All Councilmen were in favor of the ordinance.
Motion carried.
Chairman Douglas asked for discussion concerning the increase.
Andy Rubin addressed the Council again stating he was against the increase.
Administrator Fellows noted that Director Fortner and he were in the process of
putting together another application for the recently passed State Sewer Treatment Funding
and if we cannot get what we are ;anticipating - it would change this dramitically.
Attorney Conlon asked Administrator Fellows, concerning the water rates, "I think
the sewer rates were projected to put forth in an official statement in cur bond ordi-
nance. That was all calculated out to be what we needed. And with the water rates,
have you in your capacity as Administrator reviewed the cost of this production of
water rates and made the adjustments for capitol improvements necessary to growth ?"
The Administrator answered, "Yes sir we have, we've gone over that quite throughly. We
nave found that after capitol improvement the system will measure just a little bit of
money. But that doesn't take into consideration any type of improvements such as Line
size, etc., a better rate to meet those needs."
Attorney Conlon then said, "So the rate increases involved are all on the basis of
the projections and analysis of the budget as to the amount necessary to keep the'system
going at the proposed rate."
Chairman Douglas asked for any other questions or comments before Council voted.
There being no response, Councilman Watford moved to approve the ordinance. Motion
was seconded by Councilman Chapman.
Motion carried.
84 -24 AGENDA ITEM #VIII - PUBLIC HEARING - FINAL READING - ORDINANCE - TAXICABS
Chairman Douglas read the ordinance by title only as follows:
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE,
FLORIDA; AMENDING CHAPTER 16, ARTICLE II, DIVISION I, SECTION 16 -25
SUB - PARAGRAPH (a) TO PROVIDE CONDITIONS FOR VEHICLE CERTIFICATION;
PROVIDING AN EFFECTIVE DATE.
The Chairman asked for any comments or objections.
Mr. Charles Straight asked Council if any if there were any questions.
There were no questions.
Councilman Chapman asked if the Police Chief had looked over the ordinance.
Administrator Fellows noted the Police Chief had agreed to the ordinance.
Councilman Watford stated that he thought the vehicles had to be inspected annually
by the Okeechobee City Police Department.
Administrator Fellows replied by stating yes and it could be added onto the ordinance.
Councilman Knight•made a motion to amend the ordinance to read "with a yearly inspec-
tion by the Okeechobee City Police Department ". Motion was seconded by Councilman Thomas.
Motion carried.
Chairman Douglas asked for a decision on the ordinance.
Councilman Chapman moved to approve the amended motion, Seconded by Councilman
Thomas.
Motion carried.
S4 -5 AGENDA ITEM #IX - PUBLIC HEARING - FINAL READING - ORDINANCE - INCREASE GARBAGE RATES
Chairman Douglas read the ordinance by title only as follows:
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE RELATING
TO GARBAGE AND TRASH PICKUP AND DISPOSAL; AMENDING CHAPTER 8, DIVISION 2,
SECTION 8 -37 TO PROVIDE AN INCREASE IN COMMERCIAL GARBAGE AND TRASH PICKUP
FOR THOS INSTITUTIONS NOT REQUIRING DUMPSTERS; PROVIDING AN EFFECTIVE DATE.
Chairman Douglas asked for any comments by the audience.
Citizen Andy Rubin stated that L.P. Sanitation has done a good job but he has to
speak out against this as a taxpayer.
Chairman Douglas asked Council for any comments /objections.
Councilman Watford stated that mandatory garbage had been disucssed in length and
this increase was as fair as possible.
Chairman Douglas asked for any disucssion before voting.
3428
84 -2.8
There being no further discussion, Councilman Knight made a motion to approve the
ordinance. Seconded by Councilman Chapman.
Motion carried.
AGENDA ITEM #X - PUBLIC HEARING - FINAL READING - ORDINANCE - REZONING
Chairman Douglas read the ordinance by title only 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 ADMINIS-
TRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE
CLASSIFICATION OF SPECIFIED LAND FROM INDUSTRIAL TO CCBD (CENTRAL COMMERCIAL
BUSINESS DISTRICT) AND INDUSTRIAL TO COMMERCIAL.
Chairman Douglas asked for any comments or objections from the audience concerning
the rezoning.
There was no response from audience.
Clerk Thomas presented to Chairman Douglas a letter from Mrs. Tave Waldron stating
that she was not in favor of this rezoning until she discussed this further with Council.
(The letter was given to Clerk Thomas by Mrs.!'laldron's son in law).
Councilman Watford asked if this rezoning benefited any certain business in the area
of rezoning.
Attorney Conlon stated, "The classification was discovered when the new restaurant
was under construction."
Councilman Watford asked if the rezoning was of any advantage to the restaurant.
Administrator Fellows answered Councilman Watford by saying it was of no advantage
to them.
Attorney Conlon stated the Administrator just recognized it and requested the rezoning.
Chairman Douglas asked if there were any further discussions.
Councilman Chapman moved to r. ;rove the rezoning. The motion was Seconded by Council -
man Knight.
Motion carried.
84 -42 AGENDA ITEM #XI - INTRODUCTION AND FIRST READING - ORDINANCE - GROUP HOUSING BY SPECIAL
EXCEPTION
Chairman Douglas introduced the ordinance and read the title only as follows:
AN ORDINANCE TO AMEND APPENDIX A, THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF OEKECHOBEE, FLORIDA; AMENDING THE DISTRICT REGULATIONS TO ALLOW GROUP
HOUSING BY A SPECIAL EXCEPTION IN RESIDENTIAL GENERAL (RG -1 AND RG -2) DISTRICTS;
AMENDING SECTION 22, DEFINITIONS TO PROVIDE A DEFINITION FOR GROUP HOME FACILI-
TIES; PROVIDING AN EFFECTIVE DATE.
84 -11
Chairman Douglas asked for discussion.
Citizen Andy Rubin addressed Council as to how many homes there would be in Group
Housing.
Chairman Douglas asked for any discussion before voting.
There being no further discussion Councilman Knight moved to set the ordinance for
second and final reading on March 5, 1984. The motion was seconded by Councilman
Watford.
Motion carried.
AGENDA ITEM 41XII - MICROFILMING EQUIPMENT - CONTINUATION OF DISCUSSION ON THE BIDS
Chairman Douglas noted the next agenda item was the continuation of discussion re-
lative to recommendations on the purchase of microfilming equipment for the City Clerk's
office.
Councilman Thomas moved to accept the bid from the Lanier 3 -M Company in the amount
of $10,447.00. Councilman Chapman seconded the motion.
Councilman Watford stated that he would like to thank the Council for allowing him