Loading...
1981-06-23 Regular Meeting 2865 SECOND REGULAR MEETING TUESDAY, JUNE 23, 1981 The City Council of the City of Okeechobee, Florida, convened in a regular session in City Council Chambers at City Hall, Okeechobee on Tuesday, June 23, 198t, 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 ConloD, Director of Public Works L.C. Fortner, Jr., Fire Chief Keith Tomey, Police Chief Larry Mobtey, Deputy Clerk Janice M. Mann Chairman Douglas called the meeting to order, then offered the invocation. 81-2 APPROVAL OF MINUTES With no corrections, deletions or additions needed, Councilman Burk moved to approve the minutes of the June 9th, 1981, regular meeting, seconded by Councilman Chapman, motion passed. 81-/0 PUBLIC HEARING SECOND AND FINAL READING - ORDINANCE ON DRINKING ALCOHOLIC BEVERAGES AND DISORDERLY CONDUCT Chairman Douglas presented for second and final hearing an ordinance prohibiting the drinking of alcoholic beverages in public areas and prohibiting disorderly conduct. Councilman Burk moved to read the ordinance by title only, seconded by Councilman Chapman, motion passed. Chairman Douglas read the title as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, PROHIBITING DISORDERLY CONDUCT AND DRINKING IN PUBLIC PLACES; PROVIDING PENALTIES; AND PROVIDING AN EFFECTIVE DATE. No comments or objections, Councilman Burk moved to amend the proposed ordinance to take effect upon passage on this 23rd day of June, 1981, seconded by Councilman Ch. apman, vote carried. Councilman Burk then moved to approve the ordinance read by title only, seconded by Councilman Knight. Councilman Watford questioned the elimination of the initial ordinance with the sections originally discussed. Attorney Conlon stated the proposed ordinance had been revised to address only drinking in public areas and disorderly conduct. The other problem areas to be corrected at a later date. Councilman Watford then asked about the suggestion from Police Chief Mobley regarding parking lots, etc. Attorney Conlon noted that issue was very complex and had to be researched for constitutionality, Conlon added the ordinance covers all public properties within the City limits. With no further discussion, Chairman Douglas called for a vote on the motion to approve the ordinance, vote unanimous, motion passed. 1- T'- I ! I'l Tl I 2866 8~-46 VAN MURPHY - DISTRICT FORESTRY DIVISION Van Murphy, representing the District Forestry Division, appeared before the Council to present a check in the amount of One Thousand Eighty-Eight and 46/100ths Dollars ($1,088.46) from Entitlement IV, Federal Matching Funds to be used to purchase additional fire bunker gear. Chairman/Mayor Douglas thanked Mr. Murphy on behalf of the City Council and the City of Okeechobee Fire Department. LEONARD H. McCANN - REQUEST TO USE UNOPENED STREET RIGHT-OF-WAY Chairman Douglas presented a request form Mr. Leonard McCann to utilize the unopened street right-of-way which, at present, dead ends at his property located at Northwest 3rd Street west of Northwest 7th Avenue. Councilman Watford asked about present zoning and what McCann's intended use for the property was. Mr. McCann stated the zoning is Industrial (I) and the property will be used for an L.P. gas office. The closed City right-of-way would then be used for temporary storage of propane gas containers while being serviced. Councilman Burk questioned the City's liability if they allowed the City property to be used for such storage. Attorney Conlon advised that if an incident occured causing injuries, the City would more than likely be liable. However, Conlon added, it would not be any different than a City employee (ie patrolman) involved in an accident. It being a closed street, Attorney Conlon advised the Council had the right to grant a lease, if they so desired, with any stipulations they deemed necessary. Councilman Chapman moved to authorize the drafting of the necessary legal documents allowing McCann and Company to use the area requested, seconded by Councilman Watford. Councilmen Watford and Chapman voted yes. Councilmen Bo~k and Knight voted no. Chairman Douglas voted yes to break the tie, motion passed. Council discussed the amount of liability insurance to be required. Assistant Fellows suggested not less than One Million Dollars ($1,000,000.00) worth of coverage. Attorney Conlon suggested One Million Dollars ($1,000,000.00) insurance, and a three to five (3-5) year lease with the City reserving the right to revoke the lease at a~y time. Also, a clause requiring the company to restore the land to its original state. Mr. McCann noted construction was to begin approximately one (1) year from now. Since construction is due to begin in a year, Councilman Chapman moved to recend his previous motion and in good faith have Mr. McCann return in one year to work out the details of the lease with the City, seconded by Councilman Watford. Councilmen Chapman and Watford voted yes, Councilmen Burk and Knight abstained from voting because they voted no on the previous motion. Chairman Douglas voted yes, motion to Rave Mr. McCann return in one year, passed. BID TABULATIONS - RENOVATION OF OLD WATER PLANT 81-73 Director of PUblic Works Fortner presented the bids for repairs and renovations to the old water plant on State Road 78. Director Further noted the lowest bid was considerably higher than anticipated, therefore insufficient funds were budgeted. Bids were as follows: Lump Sum For Lump Sum For Lump Sum For Total Stucco and Ceilings Roofing Concrete Work J.L. Lawson Const. $20,653.~0 $8,344.30 $8,588.00 $37,586.00 Start work within 10 calendar days and complete within 90 calendar days Jack Butler $10,004.00 $5,080.00 $14,531.00 $29,615.00 Start work within 10 calendar days and complete within 120 calendar days Curren Electric $9,500.00 $5,000.00 $15,000.00 $29,500.00 Start work within 10 calendar days and complete within 60 calendar days. Councilman Watford questioned the need for renovation. Director Further elaborated noting the roof and cracked walls. Councilman Burk asked why the old plant could not be torn down and a new one constructed. Further stated it would be very costly due to the fact the electrical equip- ment for the entire plant is located on the concrete walls. Council discussed various options and the possibility of providing funds in the up coming fiscal year. Councilman Burk moved to reject all bids for the renovation and bring the issue up at a future date for possible alternatives, seconded by Councilman Knight, vote carried. 81-62 FLUORIDATION OF WATER Chairman Douglas opened the floor for discussion of a proposal for fluoridating the water supply of the City of Okeechobee. Dr. James Tenniswood appeared before the Council as spokesman for the dentists of Okeechobee and stated that all are in favor of fluoridation. Dr. Tenniswood stated there is a 57% - 60% reduction in tooth decay with fluoridation. Unlike surface fluoridation from toothpastes, when put into the water supply becomes permanent by strengthening the teeth from within. Dr. Wayne Moeschieg, dentist at the Edna Pierce Lockett Clinic, felt fluoride in the water was the most valuable tool, noting everyone drinks water but not everyone uses a fluoride toothpaste. Dr. David Wimner of the Indian Reservation added his comments in favor of fluoridation. Darrell Ferneau, Health Coordinator for Okeechobee Elementary School, expressed support for the fluoridation of City water. Dr. Roy Kupsinel of Ov'fed~ Florida, was present to speak against the fluoridation. Dr. Kupsinel, a holistic physician, felt the fluoridation of the water would simply allow another poisonous chemical to enter the human body. 2868 Dr. Kupsinel showed a filmstrip to support his theories. Upon completion of the film, Mr. Rudolph Marchfield of Basswood, spoke out against fluoride. Before making a decision, Councilman Burk felt each individual should have the ~ right to choose fluoridation or not. Councilman Watford stated the public hearing was well advertised with legal notices and articles. If the public had wished to object, Watford felt, they would have appeared at this meeting to do so. No further comments, Councilman Watford moved to instruct the Director of Public Works to apply for a grant for the fluoridation of the water and to fluoride the City's water supply, seconded by Councilman Knight. Councilman Watford pointed out the many representatives present who were in favor of fluoridation, and urged the Council to vote favorably. Chairman/Mayor Douglas, speaking as a doctor, opposed fluoridation. After lengthy discussion, Chairman Douglas called for a vote on the motion to fluoride the City's water supply. Councilmen Watford and Knight voted yes, Councilmen Burk and Chapman voted no. Chairman Douglas voted no, motion denied. Councilman Burk moved to place the issue of fluoridation on a referendum for the citizens to vote this fall, seconded by Councilman Chapman. Burk amended his motion by not placing a time limit for the referendum vote due to a deadline prior to October 1 for the grant monies. -'~ Council discussed a referendum as opposed to a straw vote which would allow all city water users to vote. A referendum would strictly be for citizens of the City. Chairman Douglas called for a vote on the motion to place the issue on a referendum. Councilmen Burk and Chapman voted yes, Councilmen Knight and Watford voted no. Chairman Douglas voted no because a referendum would exclude county residents on city water. Motion denied. Councilman Burk then moved to place before all the people that consume city water, a straw vote FOR or AGAINST fluoridation, setting no time limit for possible grant monies, seconded by Councilman Knight. Councilmen Burk and Knight voted yes, Councilmen Watford and Chapman voted no. Chairman Douglas voted yes, motion passed. BUDGET WORKSHOP Assistant Fellows stated preliminary work will be complete by August 1st for the 1981-82 budget. Council set a Budget Workshop for August 6, 1981. 81-20 COMMUNICATIONS FROM DEPARTMENT HEADS A. CITY ATTORNEY 1) DISCRIMINATION SUIT Attorney Conlon reported that David Lipman, attorney for the defense, has agreed with the proposed drainage changes, to solve the problems in the Dean's Court area. ~ 2869 B. CITY CLERK 1) MONTHLY FINANCIAL STATEMENTS Clerk Thomas presented the General Fund and Water & Sewer Fund monthly financial statements for the month of May, 1981. 2) NEW EMPLOYEE Clerk Thomas introduced Judy Cannon, newly hired secretary. 31-31 C. ADMINISTRATIVE ASSISTANT 1) COLLECTOR ROADS Assistant Fellows reported on the status of the collector roads proposal. The plan is to be presented to the County Commissioners at their next meeting, Thursday, June 25th. Assistant Fellows noted the County agreed to pave Northeast 3rd Street to Northeast 6th Street as previously discussed. COMMUNICATIONS FROM COUNCILMEN A. OAKLAND CHAPMAN Councilman Chapman asked about the possibility of leasing lots for mobile homes on the City owned property surrounding the sewer plant. Council discussed this with no action taken at this time. B. DOWLING WATFORD., JR. 1) CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Councilman Watford reminded the Council of the CFRPC meeting to be held at the Okeechobee County Civic Center on June 24th, 1981, at 10:00 A.M. C. EDWARD W. DOUGLAS 1) COUNTY COMMISSIONERS Chairman Douglas advised the Council of a letter received from the County Commissioners requesting exemption from the Seventy-Five Dollar ($75.00) dumping fee now required by the City. Councilman Burk moved to send a letter to the County stating the City will not charge the County if they in turn will not charge the City, seconded by Councilman Knight, motion passed. ~1-~0 2) SIREN AND TOWER Chairman Douglas noted receipt of a letter from Civil Defense Director Clyde Koffman asking that the siren and tower remain at its present location. Councilman Chapman stated he had recently learned the City fire volunteers shared in the expense to purchase the siren years ago, and because of this wished it to remain as is. Following discussion, Councilman Burk made a motion to move the siren and tower to the City barn. Motion died for a lack of second. Councilman Knight then moved to clean, paint and leave the siren and tower where it is, seconded by Councilman Chapman. Councilmen Knight, Chapman and Watford voted yes. Councilman Burk voted no. Motion passed. I I ! l'l .... 2870 MAYOR'S CONFERENCE Chairman Douglas commented on the Mayor's conference he attended. ADJOURNMENT There being no further business the meeting adjourned at 11:15 P.M. Edward W. Douglas Chairman/Mayor City of Okeechobee ATTEST: B~nnie S. Thomas City Clerk City of Okeechobee FIRST REGULAR MEETING TUESDAY, JULY 14, 1981 The City Council of the City of Okeechobee, Florida, convened in a regular session in City Council Chambers at City Hall, Okeechobee on Tuesday, July 14, 1981, 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 Lieutenant John Emmons, Secretary Melody Hodges, Secretary Mary Ann Holt. Chairman Douglas called the meeting to order. Councilman Dowling Watford offered the invocation. 81-2 APPROVAL OF MINUTES With no corrections, deletions or additions needed, Councilman Watford moved to approve the minutes of the June 23rd, 1981, regular meeting, seconded by Councilman Knight, motion passed. FIRST READING 81-74 ORDINANCE AMENDING ORDINANCE 360 Chairman Douglas presented for first reading an ordinance amending Ordinance 360 relating to standards of construction for culverts and private driveways. The Ordinance was read in its entirity as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE; AMENDING ORDINANCE 360 RELATING TO STANDARDS OF CONSTRUCTION FOR PRIVATE DRIVEWAYS UPON OR ACROSS PUBLIC PROPERTY; AMENDING SECTION 4 (c) RELATING TO REQUIRED CULVERTS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION I: That Ordinance 360, Section 4(c) be and it hereby is amended to read as follows: AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING JUNE 23, 1981 7:00 P.M. 1. Invocation Approval of the minutes of the regular meeting of June the 9th. Public hearing and final reading of an ordinance prohibiting the drinking of alcoholic beverages in public areas and prohibiting disorderly conduct. IV. Van Murphy, representing the District Forestry Division, to present a check to the City Fire Department for buying equipment. V. Council action on Mr. McCann's request to utilize the unopened street right- of-way which now dead ends at his property. VI. Action by the Council on awarding of bids for repairs and rennovations to the old water plant on State Road 7R. VII. Public hearing and continued discussions in regards to a proposal for fluoridating the water supply of the City of Okeechobee. VIII. Discussions relative to Council wishes for preparation of the budget for the fiscal year beginning October 1st, 1981. IX. Mayor to call on anyone in audience wishing to address the Council. X. Mayor to call on City Attorney, City Clerk, Administrative Assistant, and Councilmen regarding requests and/or reports. XI. Adjournment