2012-04-17F-J,
1
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CITY OF OKEECHOBEE
APRIL 17, 2012 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
PAGE 1 OF 7
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II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
CALL TO ORDER - Mayor:
April 17, 2012, City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES:
Invocation to be given by Reverend Jim Benton, Faith Tabernacle;
Pledge of Allegiance to be led by the Mayor.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Devin Maxwell
Council Member Mike O'Connor
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Administrator Brian Whitehall
City Attorney John R. Cook
City Clerk Lane Gamiotea
Deputy Clerk Melisa Jahner
Police Chief Denny Davis
Fire Chief Herb Smith
Public Works Director Donnie Robertson
IV. PROCLAMATIONS AND PRESENTATIONS - Mayor.
A. Proclaim the week of April 29 through May 5, 2012 as "Municipal
Clerk's Week."
Mayor Kirk called the April 17, 2012, Regular City Council Meeting to order at 6:02 p.m.
The invocation was offered by the Reverend Jim Benton of Faith Tabernacle;
The Pledge was led by Mayor Kirk.
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Mayor Kirk proclaimed the week of April 29 through May 5, 2012 as "Municipal Clerk's Week' and read the following
proclamation in its entirety: "WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local
government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among
public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the
citizens, the local governing bodies and agencies of government at other levels; and (continued)
K APRIL 17, 2012 - REGULAR MEETING - PAGE 2 OF 7
AGENDA COUNCIL ACTION - DISCUSSION - VOTE
IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED.
A. Proclaim the week of April 29 through May 5, 2012 as "Municipal (continued from page one) WHEREAS, Municipal Clerks have pledged to be evermindful of their neutrality and
Clerk's Week' continued. impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information
center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive
to improve the administration of the affairs of the Office of the Municipal Clerk through participation in
education programs, seminars, workshops and the annual meetings of their state, province, county and
international professional organizations; and WHEREAS, it is most appropriate that we recognize the
accomplishments of the Office of the Municipal Clerk. NOW THEREFORE,1, James E. Kirk, Mayor of the City
of Okeechobee, Florida, do hereby proclaim April 29 through May 5, 2012, as "MUNICIPAL CLERKS WEEK "i
and further extend appreciation to our Municipal Clerk, Lane Gamiotea, and to all Municipal Clerks for the vital'
services they perform and their exemplary dedication to the communities they represent. " Clerk Gamiotea and
Deputy Clerk Jahner were presented with the proclamation with a note of gratitude extended from the Mayor and
Council for their hard work.
B. Proclaim the month of April 2012 as "Water Conservation Month." Mr. Gary Ritter of the South Florida Water Management District was in attendance to be presented with a
proclamation, read in its entirety by Mayor Kirk as follows: "WHEREAS, Florida's natural beauty, crystal blue
waters and white sand beaches attract residents and visitors from around the world; and WHEREAS, clean
and sustainable water resources are vital to Florida's environmen4 economy and quality of life; and
WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida
depends greatly upon the availability of water; and WHEREAS, the State of Florida, together with local
partners, are investing billions of dollars to develop alternative watersupplies, clean up stormwaterpollution,
restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment; and
WHEREAS, all water users including commercial, industrial, agricultural, institutional, hospitality, private
citizens and others can make positive contributions to reduce water use and protect Florida's water
resources; and WHEREAS, the South Florida Water Management District, is implementing a Comprehensive
Water Conservation Program to instill a lasting culture of conservation in our communities; and WHEREAS,
the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month
to encourage Floridians to conserve the state's precious waterresources. NOW THEREFORE,1, James E. Kirk,
by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the
month of April 2012 as "WATER CONSERVATION MONTH" in the City of Okeechobee." Mr. Ritter noted his
gratitude for the Council adopting April as Water Conservation Month, and remarked that the District is attempting to
have all 16 counties within the SFWMD area to do the same. In doing this, a platform is provided to continue educating
water consumers. The communities surrounding the lake seem to be more aware of water conservation than the
coastal communities.
APRIL 17, 2012 - REGULAR MEETING - PAGE 3 OF 7
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
V. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of
Council Action for the April 3, 2012 Regular Meeting.
VI. WARRANT REGISTER - City Administrator.
A. Motion to approve the March 2012 Warrant Register:
General Fund ............................. $292,662.90
Capital Improvement Projects Fund -Impact Fees . $ 13,608.00
Public Facilities Improvement Fund ............ $ 3,067.95
CDBG Fund .............................. $ 16.62
VII. AGENDA - Mayor.
Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the April
3, 2012 Regular Meeting; seconded by Council Member Watford. There was no discussion on item.
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
Council Member Watford moved to approve the March 2012 Warrant Register in the amounts: General Fund, two
hundred ninety-two thousand, six hundred sixty-two dollars and ninety cent ($292,662.90); Capital Improvement
Projects Fund -Impact Fees, thirteen thousand, six hundred eight dollars ($13,608.00); Public Facilities Improvement
Fund, three thousand, sixty-seven dollars and ninety-five cent ($3,067.95); and Community Development Block Grant
Fund, sixteen dollars and sixty-two cents ($16.62); seconded by Council Member Williams. There was no discussion
on item.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda.
agenda. Ili There were none.
VIII. NEW BUSINESS.
A. Motion to approve a bid for the CDBG Housing Rehabilitation On January 17, 2012 the applicant ranking list of 12 single family housing units to participate in the Community
Project - City Administrator (Exhibit 1). Development Block Grant (CDBG) Housing Rehabilitation (No.11 DB-H08) project was approved by the Council. Two
of the sites, 605 Northwest 171h Street and 106 Northwest 5'h Street, were advertised for rehabilitation and Request
for Proposals from contractors were received on April 5. Prior to the bid opening, a mandatory pre -bid meeting and
contractor walk-through was held on March 9. Seven contractors attended this meeting. Three bids were received;
one was disqualified. Exhibit One contained a breakdown of the description of work to be performed at each site.
APRIL 17, 2012 - REGULAR MEETING - PAGE 4 OF 7
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
VIII. NEW BUSINESS CONTINUED.
A. Motion to approve a bid for the CDBG Housing Rehabilitation
Project continued.
B. Motion to create a new Public Works Operations Supervisor position
and transfer Donnie Robertson to that position.
For Beverly Alvarda, at 605 Northwest 17`h Street, the cost estimate for work was $37,000.00. Qualified bidders were
SineMark Construction, LLC at $38,000.00 and Neal Long Construction Co. at $39,150.00. Staff is recommending the
award to SineMark Construction, LLC, who is within the 15 percent range below or above the cost estimate.
For Mattie Wyatt at 106 Northwest 5'h Street, the cost estimate for work was $43,000.00. Qualified bidders were
SineMark Construction, LLC at $45,650.00 and Neal Long Construction Co. at $44,875.00. Staff is recommending the
award to Neal Long Construction Co. who is within the 15 percent range below or above the cost estimate.
Council Member Watford moved to award (the Request for Proposals No. ADM-01-00-03-12) for the CDBG
Housing Rehabilitation Grant (No.11-DB-HO8) Project to SineMark Construction, LLC (of West Palm Beach)
in the amount of $38,000.00 for applicant Beverly Alvarado, at 605 Northwest 17'' Street; and to Neal Long
Construction Co. (of Okeechobee) in the amount of $44,875.00 for applicant Mattie Wyatt, at 106 Northwest
5'' Street; seconded by Council Member Williams.
Mr. George Roberson addressed the Council as one of the contractors who submitted a proposal, and inquired as to
who the bidders were. Administrator Whitehall responded, SineMark Construction and Neal Long Construction, then
further explained that Roberson Construction's bid was disqualified because there are very specific procedures that
have to be followed. Since the procedures were not followed as instructed in the packet, both bids were rejected. A
representative of the company was present at the April 5 opening and the matter was explained to him. Mr. Roberson
interjected that his employee had not followed up with him. In addition to that, a letter was sent explaining why the bids
were rejected. Mr. Roberson responded he had not received the letter, and that he is trying to learn how this process
works. Administrator Whitehall suggested he contact him during office hours and they could discuss the matter as well
as supply another copy of the letter should it be necessary.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
Council Member Watford moved to create a new Public Works Operations Supervisor position and transfer Donnie
Robertson to that position; seconded by Council Member O'Connor.
APRIL 17, 2012 - REGULAR MEETING - PAGE 5 OF 7
q/7
11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
Vill. NEW BUSINESS CONTINUED.
B. Motion to create a new Public Works Operations Supervisor position Administrator Whitehall met with the Mayor and Council individually to review the proposal of making changes to City
and transfer Donnie Robertson to that position continued. Staff for the Public Works Department. He also distributed, in the Council's packet, a three page memorandum
outlining the changes and two revised job description summaries for a Public Works Director and Public Works
Operations Supervisor. When Mr. Bermudez resigned from employment as the City's Engineer, on October 11, 2011,
the position was purposely not filled immediately to give time to evaluate the City's need for a Professional Engineer
(P.E.). Mr. Bermudez was hired specifically for his engineering degree and yet only applied his engineering stamp to
a few projects such as building modifications and the asphalt program. The lapsed time also gave clarification as to
what areas need the most attention relative to interaction with both the Engineer and Public Works Director with all
City Departments, keeping up with the Comprehensive Plan goals, objectives and policies being met; how to better
streamline the process of all applications/reviews; and what changes could be made to make better use of the Public
Works manpower.
The first area noticed right away was the constant removal of the Director from actual field work execution to complete
administrative duties. This in turn causes field work to slow down, stop completely as well as cause various types of
permits and/or applications to wait for review and/or approval until he can be in the office to review them. The
recommendation to the Council was to delete the Engineer position, broaden the Public Works Director job description
that would capture the critical areas filled by the Engineer, but does not require an engineering degree to complete.
Then finally, to create a Public Works Operations Supervisor position. A brief summary of the Operations Supervisor
job duties will be as a supervisory position under the Director; to coordinate the daily activities of the Department
employees; provide resource management and physical inventory; make purchases; maintain all infrastructure and
City property; manage all on -site projects and will be subject to call -out for repairs and maintenance when required.
The recommendation also included transferring Donnie Robertson to fill the Operations Supervisor position, and hire
a new Public Works Director who can meet the new hiring criteria. Upon transfer, Mr. Robertson's salary will remain
without decrease, with the understanding that after his retirement, the Council should evaluate the appropriate base
wage for the Operations Supervisor (current market is approximately $45,000/year). The position would also give the
Public Works employees an attainable opportunity to qualify and advance from Maintenance Operators to Foreman,
then to Operations Supervisor. Within the next four to five years the City is expecting both Mr. Cleveland Lamb (who
is the current Foreman) and Mr. Robertson to retire. The Foreman position base salary will be closely researched at
that time, as is the normal procedure for all positions when it has been fulfilled by a long-term tenured employee. The
Engineer and Director are both voting members of the Technical Review Committee (TRC), but Staff should be able
to conduct business with only the one role being filled. Mr. Robertson has been involved in the development of these
positions and is in favor of the transition.
L
\V APRIL 17, 2012 -REGULAR MEETING - PAGE 6 OF 7
AGENDA COUNCIL ACTION - DISCUSSION - VOTE
Vill. NEW BUSINESS CONTINUED.
B. Motion to create a new Public Works Operations Supervisor position Council Member Maxwell noted his approval of the changes, especially with adding planning experience in the Public
and transfer Donnie Robertson to that position continued. Works Director job description. Administrator Whitehall clarified that the new Director position will not be sufficient to
replace the scope of services provided by LaRue Planning for a City Planner. However, it is something to look at in
the future.
Administrator Whitehall also noted that with not having an engineer on Staff, there will be a need for consulting
engineering services from time to time. Previously the City contracted the engineering services by awarding a
Continuing Services Contract for engineering services at a set hourly rate; most likely this will happen again.
Council Member Watford stated it needs to be clear for the record, the City is not adding a position, this is a current
vacant position, all we are doing is modifying the duties, titles and hiring requirements. The Council also clarified,
as discussed and agreed, the transfer of positions and title will not take place until a new Public Works
Director is hired.
KIRK - YEA
WATFORD - YEA
VOTE
MAXWELL - YEA
WILLIAMS - YEA
O'CONNOR-YEA
MOTION CARRIED.
C. Motion to redefine the Director of Public Works position and Council Member Williams moved to redefine the Director of Public Works position and advertise for the vacancy;
III
advertise for the vacancy. seconded by Council Member O'Connor.
It is being recommended that the Public Works Director job description be expanded, with applicants having extensive
engineering background but not requiring an engineering degree. Another very noticeable gap during the evaluation
period was the amount of time Mr. Bermudez spent interpreting the Code Book on a number of issues, assisting the
General Services Department in customer inquires, inspecting projects, creating, coordinating and following up with
new City projects, dealing with contractors on a number of fronts, handling issues on Business Tax (License) Receipt's,
TRC reviews, reviewing building permits, addressing planning and code enforcement matters. Generally both the
Engineer and Public Works Director were both working on the same item and duplicating efforts. Correcting that
duplication of service and creating the job description to cover all necessary administrative duties, will keep from
having to constantly remove the Director from the field. The new Director's office will be located at City Hall, not the
Public Works Facility, which is where the current Director's office is, causing paperwork to be hauled back and forth
between the two facilities. The current definition within the Code Book for the Public Works Director will not have to
be modified, as all the criteria is remaining the same. These changes should provide a cost savings to the City since
the salary will be lower than that of hiring a engineer.
APRIL 17, 2012 - REGULAR MEETING - PAGE 7 OF 7
7
L
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE I)
VIII. NEW BUSINESS CONTINUED.
C. Motion to redefine the Director of Public Works position and
advertise for the vacancy continued.
IX. ADJOURN MEETING - Mayor.
Please take notice and be advised that when a person decides to appeal any decision
made by the City Council with respect to any matter considered at this meeting,
he/she may need to insure that a verbatim record of the proceeding is made, which
record includes the testimony and evidence upon which the appeal is to be based. City
Clerk media are for the sole purpose of OX*up-#pr official records of the Clerk.
ATTEST..
Lane amiotea, CM , City Clerk
f
James E. Kirk, Mayor
Council Member Maxwell asked in what geographic areas would the City advertise. Clerk Gamiotea responded, for
Department Heads the Council has always instructed her to have the application period open for at least two months,
and advertise in the Orlando Sentinel, Palm Beach Post, Tampa Tribune, trade magazines and the Florida League
of Cities. Newspapers have all their classifieds online now so the coverage is betterthan ever. Council agreed to give
Staff the leverage to either set a deadline to apply by or leave the position open until filled and decide in which
newspapers to advertise.
In regard to the application packets and setting an annual salary, Administrator Whitehall recommended, since the
City Code specifically says the City Council hires all Department Heads, Staff is requesting permission to create
application packets that could include a list of questions for the applicants to respond to, as well as offer interview
questions for the Council to implement during the interview process, Council agreed. Once the applications are
received, they will be reviewed for minimum education requirements and knowledge by Staff, a list will be created for
Council to review to approve a short list, followed with setting Council meeting dates for interviews.
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 6:37 p.m.
The next regular scheduled meeting is May 1, 2012 at 6:00 p.m.
• •
NDEPENDENT
NEWSPAPERSI
OKEECHOBEE NEWS
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
107 S.W. 17th Street, Suite D, Okeechobee, FL 34974
Before the undersigned authority personally
appeared Tom Byrd, who on oath says he is Publisher
of the Okeechobee News, a three times a week
Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attached copy of
advertisement being a
in the matter of
in the 19th judicial District of. the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
L-� ( ( ?, I I I
no
Affiant further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee County, Florida each week and has been
entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the first publication
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this
advertisement for -publication in the said newspaper.
---
I0M
Sworn to and subscribed before me this
-_--day of �!, L.� _,:_�� C `- AD
i
Notary Public, State of Florida at Large
(863)763-3134
ANCIEBRICGE , II'�_!a m�Ie��
My COMMISSION # EE 177653
l
ti oc EXPIRES: April 20, 2016
jjd kyf' Bonded Thru Notary Pubuc underwriters
CITY OF OKEECHOBEE
APRIL 17, 2012
REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 1 OF 2
• I. CALL TO ORDER -MAYOR: April 17, 2012, City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES: Invocation given by Rev. Jim Benton, Faith Tabernacle;
Pledge of Allegiance led by the Mayor.
III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk ✓
Council Member Devin Maxwell
Council Member Mike O'Connor ✓
Council Member Dowling R. Watford, Jr. ✓
Council Member Clayton Williams
City Administrator Brian Whitehall ✓
City Attorney John R. Cook
• City Clerk Lane Gamiotea ✓
Deputy Clerk Melisa Jahner
Police Chief Denny Davis,
Fire Chief Herb Smith &,-,'
Public Works Director Donnie Robertson,, —
IV. PRESENTATIONS AND PROCLAMATIONS - Mayor.
j -
B. Proclaim the week of April 29 -May 5 2012 as "Municipal Clerks Week„ , c e,c -�
C. Proclaim the month of April 2012 as "Water Conservation Month."
117, 2012 PACE 2 of 2
V. MINUTES - City Clerk.
A. Motion to dispense with the readiog and approve the Summary of Council Action for the April 3, 2012 Regular Meeting.
Guy ,7� , --le .
VI. WARRANT REGISTER - City Administ tor.
A. Motion to approve the March 2012 Warrant Register.
i
• General Fund $292,662.90
Capital Impact Fee Fund $ 13,608.00
Public Facilities Fund $ 3,067.95
CDBG Fund $ 674.02
Capital Project Fund $ 16.62
VII. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda. `7,2c,i
VIII. NEW BUSINESS.
A. 2ption to app ove a bid for the CDBG Housing Rehabilitation Project - City Administrator (Exhibit 1).
a,, eW , 4-L Ll 6-ct), �-t ko-v .- A+
B. M,p ii/on to%)create a new Public Works Operations Supervisor position and transfer Donnie Robertson to that position.
�'"/ N . &14-� -
C. Motion to redefine the Director of Public Works position and advertise for the vacancy. d ;;t
IX. ADJOURN MEETING.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding,
such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony
and evidence upon which the appeal is to be based. City Clerk media is for the sole purpose of backup for official records of the Cleric.
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CITY OF OKEECHOBEE
APRIL 17, 2012 REGULAR CITY COUNCIL MEETING
1W LANE'S TYPED MINUTES DURING THE MEETING
PAGE 1 OF
11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11
CALL TO ORDER - Mayor:
April 17, 2012, City Council Regular Meeting, 6:00 p.m.
Mayor Kirk called the April 17, 2012, Regular City Council Meeting to order at 6:02 p.m.
• II. OPENING CEREMONIES:
Invocation to be given by Reverend Jim Benton, Faith Tabernacle; Pledge The invocation was offered by the Reverend Jim Benton, Faith Tabernacle;
of Allegiance to be led by the Mayor. I The Pledge was led by Mayor Kirk.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Devin Maxwell
Council Member Mike O'Connor
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Administrator Brian Whitehall
City Attorney John R. Cook
City Clerk Lane Gamiotea
Deputy Clerk Melisa Jahner
• Police Chief Denny Davis
Fire Chief Herb Smith
Public Works Director Donnie Robertson
IV. PROCLAMATIONS AND PRESENTATIONS - Mayor.
A. Proclaim the week of April 29 through May 5, 2012 as "Municipal
Clerk's Week."
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Mayor Kirk proclaimed the week of April 29 through May 5, 2012 as "Municipal Clerk's Week' reading the following
proclamation "WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government
exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public'
servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens,
the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have
pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS,',
the Municipal Clerk serves as the information center on functions of local government and community, and
WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the'.
Municipal Clerk through
APRIL 17, 2012 - LANES MINUTES TYPED DURING REGULAR MEETING - PAGE 2 OF
11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11
iV. PROCLAMATIONS AND PRESENTATIONS CONTINUED.
A. Proclaim the week of April 29 through May 5, 2012 as "Municipal
Clerk's Week" continued.
B. Proclaim the month of April 2012 as "Wafer Conservation Month."
V. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of
Council Action for the April 3, 2012 Regular Meeting.
participation in education programs, seminars, workshops and the annual meetings of their state, province,
county and international professional organizations; and WHEREAS, it is most appropriate that we recognize
the accomplishments of the Office of the Municipal Clerk. NOW THEREFORE,1, James E. Kirk, Mayor of the
City of Okeechobee, Florida, do hereby proclaim April 29 through May 5, 2012, as "MUNICIPAL CLERKS
WEEK," and further extend appreciation to our Municipal Clerk, Lane Gamiotea, and to all Municipal Clerks
for the vital services they perform and their exemplary dedication to the communities they represent."
Mr. Gary Ritter of the South Florida Water Management District was in attendance to be presented with a proclamation
read in its entirety by Mayor Kirk as follows: "WHEREAS, Florida's natural beauty, crystal blue waters and white'
sand beaches attract residents and visitors from around the world; and WHEREAS, clean and sustainable
water resources are vital to Florida's environment, economy and quality of life; and WHEREAS, Floridians'
consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon
the availability of water; and WHEREAS, the State of Florida, togetherwith local partners, are investing billions
of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and
springs, upgrade drinking water facilities and improve wastewater treatment; and WHEREAS, all water users
including commercial, industrial, agricultural, institutional, hospitality, private citizens and others can make
positive contributions to reduce water use and protect Florida's water resources; and WHEREAS, the South
Florida Water Management District, is implementing a Comprehensive Water Conservation Program to instill
a lasting culture of conservation in our communities; and WHEREAS, the Governor and Cabinet of the State'
of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve
the state's precious water resources. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in
me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2012 as "WATER''
CONSERVATION MONTH" in the City of Okeechobee." Gary thank the council for adopting April as water
conservation month. We are trying to get all 16 counties to adopt April as conservation month to continue to educate
the water consumers, communities surrounding the lake seem to be more aware of water conservation than the
coastal communities.
Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the April
3, 2012 Regular Meeting; seconded by Council Member Watford.
No discussion on item.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
APRIL 17, 2012 - LANES MINUTES TYPED DURING REGULAR MEETING - PAGE 3 OF
AGENDA COUNCIL ACTION - DISCUSSION - VOTE
VI. WARRANT REGISTER - City Administrator.
A. Motion to approve the March 2012 Warrant Register:
General Fund ............................. $292,662,90
Capital Impact Fee Fund .................... $ 13,608,00
Public Facilities Fund ....................... $ 3,067,95
CDBG Fund .............................. $ 16,62
VII. AGENDA - Mayor.
Council Member Watford moved to approve the March 2012 Warrant Register in the amounts: General Fund, two
hundred ninety-two thousand, six hundred sixty-two dollars and ninety cent ($292,662.90); Capital Improvement
Project Fund - Impact Fee, thirteen thousand, six hundred eight dollars ($13,608.00); Public Facilities Improvement
Fund, three thousand, sixty-seven dollars and ninety-five cent ($3,067.95); and CDBG Fund, sixteen dollars and sixty-
two cents ($16.62); seconded by Council Member Williams.
No discussion on item.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda.
agenda. II) There were none.
Vill, NEW BUSINESS.
A. Motion to approve a bid for the CDBG Housing Rehabilitation On January 17, 2012 the applicant ranking list of 12 single family housing units to participate in the Community
Project - City Administrator (Exhibit 1). Development Block Grant (CDBG) Housing Rehabilitation (No.11 DB-H08) project was approved by the Council. Two
of the sites, 605 Northwest 17" Street and 106 Northwest 5t° Street, were advertised for rehabilitation and Request
for Proposal from contractors were received on April 5. Prior to the bid opening, a mandatory pre -bid meeting and
contractor walk-thru was held on March 9. Seven contractors attending the March 9 meeting/walk-thru. Three bids
were received, one was disqualified. Exhibit One contained a breakdown on the description of work to be performed
at each site.
111011 For Beverly Alvarda, at 605 NW 17" St, the cost estimate for work was $37,000.00. Qualified bidders were Sine Mark
Construction, LLC at $38,000.00 and Neal Long Construction Co. At $39,150.00. Staff is recommending the award
to Sine Mark Construction, LLCX, who is within the 15 percent range below ro above the cost estimate.
For Mattie Wyatt at 106 NW 5`h St, the cost estimate for work was $43,000,00. Qualified bidders were SineMark
Construction, LLC at $45,650.00 and Neal Long Construction Co. At $44,875.00. Staff is recommending the award
to Neal Long Construction, Co who is within the 15 percent range below ro above the cost estimate.
Council MemberWatford moved to Award Request For Proposal (No. ADM-01-00-03-12) for the CDBG Housing
Rehabilitation Grant (No.11-DB-HO8) Project to SineMark Construction, LLC (of West Palm Beach) in the
amount of $38,000.00 for applicant Beverly Alvarado, at 605 NW 17' Street; and to Neal Long Construct Co.
(of Okeechobee) in the amount of $44,875.00 for applicant Mattie Wyatt, at 106 NW 5th Street; seconded by
Council Member Williams.
AGE
VIII. NEW BUSINESS CONTINUED.
A. Motion to approve a bid for the CDBG Housing Rehabilitation
Project continued.
APRIL 17, 2012 - LANES MINUTES TYPED DURING REGULAR MEETING - PAGE 4 OF
COUNCIL ACTION - DISCUSSION -VOTE,
Mr. George Roberson addressed the Council, as one of the contractors who submitted a proposal, and inquired as
to who the list of bidders were. Administrator Whitehall gave the two names and continued further that Roberson
Construction's bid was disqualified because there are very specific procedures that have to be followed when
submitting these, since the procedures were not followed as instructed in the packet neither of his bids could be
accepted as qualified bids and therefore rejected. A representative of the company was present at the April 5 opening
and the matter was explained to him. Mr. Roberson interjected that his employee has not followed up with him. In
addition to that, a letter was sent explaining why the bids were rejected. Mr. Roberson responded he had not received
the letter, and that he trying to learn how this process works. Administrator Whitehall suggested he contact him during
the office hours and they could discuss the matter as well as supply another copy of the letter if necessary.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
B. Motion to create a new Public Works Operations Supervisor position III Council member Watford moved to create a new Public Works Operations Supervisor position and transfer Donnie
and transfer Donnie Robertson to that position. 111 Robertson to that position; seconded by Council Member O'Connor.
Administrator Whitehall met with the Mayor and Council individually to review the proposal to make changes in city
staff for the public works department. He also distributed a three page memorandum (dated April 2012) outlining the
changes and two revised job description summaries for a Public Works Director and Public Works Operations
Supervisor. When Mr. Bermudez resigned from employment as the City's Engineer, (10/1112011), the position was
purposely not filled immediately to give time to evaluate the City's need for a professional engineer as Mr. Bermudez
has hired specifically for his Engineering degree and only applied his engineering stamp to a few projects, such as
building modifications and the asphalt program. Then, to clarify what areas need the most attention relative to
interaction with general service department matters, code enforcement issues, business tax licensing issues, building
permit reviews, city facilities and projects, comprehensive plan goals, objectives and policies being met, planning
issues, code compliance; how to better streamline all applications/reviews that are processed through the city
departments; and what changes could be made to make better use of the public works manpower.
The first area noticed right away was the gap between the public works administrative duties and actual field work
execution. The PW director has to come out of the field to handle all administrative issues. This in turn sometimes
causes actual field work to slow down or stop completely or cause various types of permits/applications to wait for
review/approval until he can be in the office to complete those duties.
APRIL 17, 2012 - LANES MINUTES TYPED DURING REGULAR MEETING - PAGE 5 OF
(I AGENDA II COUNCIL ACTION - DISCUSSION NOTE fI
Vill. NEW BUSINESS CONTINUED. The recommendation is to delete the engineer position, broaden the public work director job description, create a
B. Motion to create a new Public Works Operations Supervisor position public works operations supervisor, transfer Donnie Robertson from Director to Operations Supervisor and then hire
and transfer Donnie Robertson to that position continued. a new public works director. Upon transfer, Mr. Robertson's salary will remain without decrease, with the understanding
that after his retirement, the Council should evaluation the appropriate base wage for the Operations Supervisor
C. Motion to redefine the Director of Public Works position and (current market is approx $45,000/year). The position would also give the public works employees an attainable
advertise for the vacancy. opportunity to qualify and advance from maintenance operators to foreman, then to operations supervisor. Within the
next 4 to 5 years Cleveland and Donnie will be retiring. Both the Engineer and PW director positions are voting
members of the TRC, but we should be able to conduct business with only the one role being filled. Mr. Robertson has
been involved in the development of these positions and is in favor on the changes, especially since he wont have
to attend council meetings anymore.
Maxwell, I like the approach of a planner background for the PAD.
Admin Whitehall, keep in mind this will not replace LaRue Planning. However, it is something to look at in the future.
O'Connor, do we still do it like the way we use to do it with being hired by the city council?
Admin Whitehall, city code says city council will hire all department heads. Ask that the council give us leverage to
create a list of questions for the applicants to respond to. Requesting a salary range of $60-65,000/year.
Watford, want to make it really clear, we are not adding a position, we are filling a vacant position by modifying the
current positions. That is what kind of helped me agree to the change, along with the amount of time the Administrator
has had to spend doing the tasks once handled by the Engineer, and its probably better spent with a director of public
works, I think this would certainly make the administrator's job flow better.
Admin Whitehall, there isn't anyone who hasn't stepped up to assist in covering for the position, and then the general
services coordinator position resigned, the clerks office had to step up to assist in the transition and continues to train
the new coordinator.
Watford, do you have an idea of potential applicants? Whitehall, Yes.
Watford, when would the job title be effective for Robertson? Whitehall, recommend you do not make it until after
hiring a new public works director. Mayor & Council agreed.
Williams, better make sure new guy has experience and expertise with sign ordinances.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
APRIL 17, 2012 -LANES MINUTES TYPED DURING REGULAR MEETING - PAGE 6 OF
11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11
Vill. NEW BUSINESS CONTINUED.
C. Motion to redefine the Director of Public Works position and
advertise for the vacancy.
X. ADJOURN MEETING - Mayor.
Council member Williams moved to redefine the Director of Public Works position and advertise for the vacancy;
seconded by Council Member O'Connor.
Its being recommended that the public works director job description be expanded, with applicants having extensive
engineering background but not require a P.E. During the evaluation period a very noticeable gap was the amount
of time Mr. Bermudez spent interpreting the code on a number of issues, assisting the general services department
in customer inquires, inspecting projects, creating, coordinating and following up with new city projects, dealing with
contractors on a number of fronts, handling issues on BTR's, TRC reviews, building permits, planning and code
enforcement matters. The new job description will cover all these administrative duties that are necessary, without
constantly removing the PWD from the field. The new director's office will be located at city hall, not the public works
facility, which is where the current director's office is, causing paperwork to have to be hauled back and forth between
the two facilities. The current definition within the code for the PWD will not have to be modified, as all this is to remain
the same. These changes will also be a cost savings to the city since the salary will be lower than that of hiring a P.E.
Maxwell, geography area for advertising?
Clerk Gamiotea, for department heads we generally have the application period open for at least two months, and
advertise in the Orlando Sentinel, Palm Beach Post, Tampa Tribune, trade magazines and the Florida League of
Cities. Newspapers have all their classifieds online now so the coverage is better than ever. Council agreed to give
staff the leverage to either set a deadline to apply by or leave the position open until filled and decide what newspapers
to advertise with.
Admin Whitehall, once applications are received and reviewed, a list will be created for council to review to create a
short list, followed with setting a date for interviews.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 6:37 p.m.
The next regular scheduled meeting is May 1, 2012 at 6:00 p.m.
r_
Office of the Mayor
Okeechobee, Florida`
WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local govei nrri t
fir.= exists throughout the world; and
rWHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and
WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens,
the local governing bodies and agencies of government at other levels; and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and
impartiality, rendering equal service to all; and
WHEREAS, the Municipal Clerk serves as the information center on functions of local
government and community; and
WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of
the Office of the Municipal Clerk through participation in education programs, seminars,
workshops and the annual meetings of their state, province, county and international
professional organizations; and
WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the
Municipal Clerk.
NOW THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, Florida, do hereby
proclaim April 29 through May 5, 2012, as "MUNICIPAL CLERKS WEEK," and
further extend appreciation to our Municipal Clerk, Lane Gamiotea, and to all Municipal
Clerks for the vital services they perform and their exemplary dedication to the
communities they represent.
In witness whereof I have hereunto set my
hand and caused this seal to be affixed
F - a
z James E. Kirk, Mayor
gA Attest: 0./
' Lane Gamiotea, CMC, City C�
Date: Aurt
Office of the Mayor x
P,
�k �M
Okeechobee, Florida
WHEREAS, Florida's natural beauty, crystal blue waters and white sand beaches attract residents
and visitors from around the world; and
WHEREAS, clean and sustainable waterresources are vital to Florida's environment, economy and
quality of life; and
WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the
future of Florida depends greatly upon the availability of water,- and
WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to
develop alternative watersupplies, clean up storm waterpollution, restore rivers, lakes and springs,
upgrade drinking water facilities and improve wastewater treatment; and
)A
WHEREAS, all water users including commercial, industrial, agricultural, institutional, hospitality,
private citizens and others can make positive contributions to reduce water use and protect
Florida's water resources; and
WHEREAS, the South Florida Water Management District, is implementing a Comprehensive
Water Conservation Program to instill a lasting culture of conservation in our communities, and
WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's
Water Conservation Month to encourage Floridians to conserve the state's precious water
resources.
NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City
of Okeechobee, Florida, do hereby proclaim the month of April 2012 as "WATER
CONSERVATION MONTH" in the City of Okeechobee.
In witness whereof I have hereunto set my
hand and-c-aasW this seal to be affixed.
�- am
Attest:
Lane Gamiotea
xx�r
4
N Date:
E. Irk, Mayor
CMC, City Clerk
PROCLAMATION
Water Conservation Month
WHEREAS, Florida's natural beauty, crystal blue waters and white sand beaches attract
residents and visitors from around the world; and
WHEREAS, clean and sustainable water resources are vital to Florida's environment,
economy and quality of life; and
WHEREAS, more than 90 percent of Florida's drinking water is supplied by underlying
aquifers, and our quality of life and the economy depend upon a clean and healthy
environment; and
WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water,
and the future of Florida depends greatly upon the availability of water; and
WHEREAS, South Florida residents consume 179 gallons per person, per day - the
highest water usage in the state; and
WHEREAS, the State of Florida, together with local partners, are investing billions of
dollars to develop alternative water supplies, clean up stormwater pollution, restore
rivers, lakes and springs, upgrade drinking water facilities and improve wastewater
treatment; and
WHEREAS, water conservation can cost as little as 6 cents to 72 cents per 1,000 gallons
of water saved, while the cost of constructing alternative water supply facilities may
exceed $7 per 1,000 gallons of water created; and
WHEREAS, all water users including commercial, industrial, agricultural, institutional,
hospitality, private citizens and others can make positive contributions to reduce water
use and protect Florida's water resources;
WHEREAS, the South Florida Water Management District, is implementing a
Comprehensive Water Conservation Program to instill a lasting culture of conservation
in our communities; and
WHEREAS, the Governor and Cabinet of the State of Florida are designating April as
Florida's Water Conservation Month to encourage Floridians to conserve the state's
precious water resources;
NOW, THEREFORE, be it resolved that by virtue of the authority vested in me as
(Chairman, Mayor, etc.) of (your city or county name) (commissioners or councilmen,
etc.) do hereby proclaim the month of April as Water Conservation Month
Robin Brock
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Wednesday, March 21, 2012 8:14 AM
To: 'Ritter, Gary'
Cc: Robin Brock
Subject: RE: April Water Conservation Proclamation
Good Morning Gary,
Melisa is on vacation this week, but l will be happy to forward it, and I cc'd Robin so you'll be able to add her back to
your address book O Thanks and have a fabulous day!
Lane
From: Ritter, Gary Lmailto:gritter@sfwmd.aovl
Sent: Tuesday, March 20, 2012 4:29 PM
To: 'Melisa Jahner'
Subject: April Water Conservation Proclamation
Hi Melissa,
Normally I send this proclamation to Robin to get on the agenda sometime in April but I seemed to have lost her contact
info. Could you pass this along for me please? Please feel free to shorten it if necessary.
gj r
Gary -7. Witter
South Florida Water Management District
205 North ftrrottAvenue Suite 201
Okeechobee, FL 34972
863.462.5260 East. 3017 (Work)
863.634.4857 (Cell)
863.462.5385 (Fax)
ntterC& d,gg
zvww.sfwmd.Aov
forr enjoys a broadpublic records taw andany andaflemaifs to this address are subject to review by the public at any time.
We value your opinion. Please take a few minutes to share your comments on the service you received from the
District by clicking on this link.
EIfiIBIT 1
APRIL 17, 2012
MEMORANDUM
NANCY PHILLIPS & ASSOCIATES, L.C.
7408 Edisto Drive Tel: 561-432-1524
Lake Worth, Florida 33467 FAX: 561-432-6734
April 12, 2012 TRANSMITTED VIA EMAIL
TO: Mayor and City Council, City of Okeechobee
FROM: Nancy Phillips, Grants/Funding Specialist
SUBJECT: Overview of CDBG Housing Applicants - RFP ADM-01-00-03-12
CDBG Contract No.: l ODB-05-07-57-02-H08
On April 5, 2012 bids were received and opened for the first two (2) CDBG housing
rehabilitation projects. The bid opportunity was advertised in the local newspaper on March 7,
2012. Seven (7) contractors attended the mandatory walk-thru on March 9 and only two (2)
contractors submitted bids.
With the adoption of the City's new HAP program guidelines, the bid should be awarded to the
lowest responsible and responsive bidder who is within a 15 percent range that is below and
above the cost estimate. A copy of the bid tabulation is attached to this memorandum for your
review. The cost estimate was derived from local fair market construction costs.
The two (2) housing rehabilitation projects are noted below:
Owner Beverly Alvarado
Address 605 NW 171h Street, Okeechobee, FL.
Item #
System
Description of Work
Location
001
Flooring
Install new carpet, padding, strips and baseboard in the
Various
living room, hallway, all bedrooms and install sheet
vinyl throughout the remainder of the home.
002
Plumbing
Install new walk in tile shower with handicap grab bars
Bathroom
to include drain plumbing lines and fixtures. Install new
vanity to include top, sink, fixture, plumbing lines and
shut off valves to fit existing opening. Install a new
handicap toilet, grab bar, supply line and shut off valves.
003
Windows/
Install new windows throughout home. Windows shall
Various
Doors
be Insulated Impact resistant glass with Low -Solar -Gain
Low-E Glazing, Energy Star labeled and Hurricane
approved. Bedroom windows must be sized properly
for egress. Install new prehung exterior doors at
entrance and rear of home to include a screen door at the
front entrance.
004
Electrical
Install hardwired smoke detectors in hallway and
Various
bedrooms. Install GFCI receptacles to meet NEC. Install
a new range hood in kitchen. Wire entire structure to
meet NEC.
005
Paint
Paint exterior of home with one main color and one trim
Various
color. Paint interior walls of home with one color and all
ceilings white.
006
Interior
Repair all damaged or deteriorated drywall throughout
Various
the home to include all trim, taping and texture best to
match existing. Reframe around attic access located in
the garage.
007
Cabinets
Install new kitchen cabinets to match existing footage to
Kitchen
include countertops, sink, fixture, plumbing lines and
shut off valves in the kitchen.
008
Exterior
Install a new dryer discharge vent on exterior of the
Exterior
home.
009
Appliances
Install a new 18 cubic ft. energy star refrigerator and an
Kitchen
energy star rated 4 burner electric range with glass front
in the kitchen.
Bids Submitted: SineMark Construction, LLC $38,000.00
Neal Long Construction Co. $39,150.00
Cost Estimate: $37,000.00
Recommendation — Consider award to low bidder, SineMark Construction, LLC, who is within
the 15 percent range below or above the cost estimate, in the amount of $38,000.00.
Owner Mattie Wyatt
Address 106 NW 5`h Street, Okeechobee, FL.
Item #
System
Description of Work
Location
001
Flooring
Install new carpet, padding, strips and baseboard in the
Various
living room, hallway and all bedrooms.
002
Plumbing
Install new walk in tile shower with handicap grab bars
Bathroom
to include drain plumbing lines and fixtures. Install new
vanity to include top, sink, fixture, plumbing lines and
shut off valves. Install a new handicap toilet, grab bar,
supply line and shut off valves.
003
Windows/
Install new prehung exterior doors at entrance, utility
Various
Doors
room and rear of home to include a screen door at the
front entrance. Install new screens in all windows of the
home.
004
Electrical
Install hardwired smoke detectors in hallway and
Various
bedrooms. Install GFCI receptacles to meet NEC. Install
a new range hood in kitchen. Wire entire structure to
meet NEC. Install a new fixture with globe in the
kitchen and on the rear porch. Install anew 30 gal water
2
heater to include all plumbing and electrical. Remove
existing steel fan in the living room and install a new
ceiling fan with lighting fixture.
005
Paint
Paint exterior of home with one main color and one trim
Various
color. Paint interior walls of home with one color and all
ceilings white.
006
Interior
Repair all damaged or deteriorated drywall throughout
Various
the home to include all trim, taping and texture best to
match existing.
007
Cabinets
Install new kitchen cabinets to match existing footage to
Kitchen
include countertops, sink, fixture, plumbing lines and
shut off valves in the kitchen.
008
Exterior
Replace all deteriorated or damaged wood on exterior of
Exterior
home to match existing type and style not limited but to
include T1-11, soffits, fascia and window frames. Install
a new roof system to include all deteriorated sheathing,
new architectural shingles, felt paper and the removal of
turbines and installation of a ridge vent.
009
Appliances
Install a new 18 cubic ft. energy star refrigerator and an
Kitchen
energy star rated 4 burner electric range with glass front
in the kitchen.
Bids Submitted: SineMark Construction, LLC $45,650.00
Neal Long Construction Co. $44,875.00
Cost Estimate: $43,000.00
Recommendation — Consider award to low bidder, Neal Long Construction Company, who is
within the 15 percent range below or above the cost estimate, in the amount of $44,875.00.
A complete copy of each RFP is on file in the CDBG files if you wish to review these
documents.
Please do not hesitate to contact me if you have any further questions and/or comments.
/nsp
M
City of Okeechobee Housing Rehabilitation (CDBG) 11DB-H08
Bid Tab
Bids Opened April 5, 2012
Alvarado
Rehabilitation
Wyatt
Rehabilitation
Stultz Inc.
NO BID
NO BID
Pilgrim Construction
NO BID
NO BID
SineMark Construction, LLC.
$38,000.00
$45,650.00
Neal Long Construction Co.
$39,150.00
$44,875.00
Bevis Construction Co.
NO BID
NO BID
Overland Construction
NO BID
NO BID
Roberson Construction
NO BID
NO BID
Nancy Phillips & Associates Cost Estimate
$ 37,000.00
$ 43,000.00
15% Above Estimate
$ 42,550.00
$ 49,450.00
15% Below Estimate
$ (31,450.00)
$ (36,550.00)
Recommended contractor
SineMark
Construction, LLC.
Neal Long
Construction Co.
City of Okeechobee SS SE 3'd Av Okeechobee FL 34974-2932
Office of the City Administrator Brian Whitehall
Ph 863-763-3372 Fax 763-1686 email. bhieehall(i�cityofokeechobee.com
Memorandum
01915'''
Date: April2012
TO: Mayor & City Council
Dir Pub Wks & City Clerk
FR: City Administrator
RE: Job descriptions and hiring
Public Works / City Engineer / Operations Supervisor
The vacancy of the City Engineer position has given the City a great
opportunity to reevaluate our Public Works hierarchy. I've purposely waited
to see how the vacant position affected the City and have given it an
extraordinary amount of thought arriving at the following conclusions:
1. The easiest course of action would be to simply replace the Engineer
but I believe that currently both the Engineer and the Public Works
Director positions are misnomers in our organization and this gives
the City an opportunity to take pro -active corrective action.
2. The City should move Donnie Robertson to a new position called
Public Works Operations Supervisor concentrating on filling a much
needed gap between administration and actual field execution.
Motion to create the new PWks Operations Supervisor position
and transfer D Robertson to the that position.
3. The City should hire a new person to assume a much -expanded newly
defined position of Director of Public Works, essentially vacating the
Engineer's position. The DPWks should have extensive engineering
background but not necessarily a licensed PE. Motion to redefine the
Director of Public Works position and advertise for the vacancy.
I+em—M:
Page 1
Public Works/City Engineer/Operations Supervisor memo — April, 2012 (page 2)
Analyzing the City Engineer position effectiveness:
1. My experience has been that, while the expertise of a PE (professional
engineer) is nice, it's compromised by not having the appropriate
supporting staff, office supplies and equipment and adding those costs
are prohibitive, an ineffective overkill for the City. Therefore the
position is relegated to essentially just lending engineering advice and
assistance to various departments ... a waste of a PE.
2. Mr. Bermudez applied his engineering stamp to a few projects, such
as building modifications and the asphalt program. While these are
not extremely critical, there will be a need for consulting engineering,
but the City has always been in that position anyway due to # 1, above.
3. There is, however, a very noticeable gap in our operation, adversely
affecting mostly the General Services, Public Works and the
Administrator's office. Mr. Bermudez's days were spent interpreting
the Code and assisting General Services in customer inquiries,
inspecting projects, creating/coordinating and following up w/ new
City projects, dealing w/ contractors on a number of fronts, handling
issues on various BTR, TRC, Bldg permits, planning and code
enforcement matters ... to mention a few. The position is currently
defined as a public works employee and it seems obvious that the
engineering role in our organization plays a back seat to a more
comprehensive public works position.
What direction the City can take to be more productive:
1. By creating a newly -defined Director, the job duties can be expanded
to assume a more administrative role, rather than constantly removing
Mr. Robertson from his project supervisory role. Attached find a 3-
page job description of the role of a new Public Works Director. I
know the job description is overly broad, but it gives the City the
latitude to accentuate the applicant's strengths.
2. By adding an element of educated diversity which is lacking w/ the
Engineer job title in diversity, but also lacking in the newly created
position of Operations Supervisor in administrative where -with -all.
Mr. Robertson has thoroughly reviewed the positions and is very
receptive to the new role of Operations Supervisor and agrees w/ the
efficiency concept that provides for a position that makes best use of
his talents. Attached find the general job description and illustrative
tasks for the Pub Wks Operations Supervisor position.
Page 2
LI
•
Public Works/City Engineer/Operations Supervisor memo — April, 2012 (page 3)
Additional comments:
1. The new DPWks can fill a wider variety of tasks for General Services
(GS), incl planning/zoning and licensing. Patty Burnette is new to the
GS Coordinator position accentuating the need of the missing
assistance that the former City Engineer provided.
2. The City should be able to fill the DPWks position along with the
Operations Supervisor with less budgeted dollars. Mr. Robertson's
wage would not be decreased (albeit after his retirement the City
should evaluate the appropriate base wage for that position to a wage
.of about $45k). The City Engineer's wage was $72k-73k, with a base
pay of $65k. When advertising for the DPWks the wage should be in
a range of $60k-$65k, depending on qualifications. Sebring recently
advertised at a salary of up to $68k.
3. The creation of the Operations Supervisor (OS) position will give
general Public Works employees an attainable opportunity to qualify
and advance to Foreman and then OS. Within the next 4-5 years I
believe Cleveland and Donnie will be retiring.
4. The former City Engineer's position is listed in the Code as a member
of the Technical Review Committee, but that role can be assumed by
the DPWks w/ adequate engineering background... essentially
vacating the Engineer's membership. Based on my experience, the
majority of the TRC discussion evolves around public works related
issues and it would be imperative for the Operations Supervisor to
work closely w/ the DPWks to review applications so as to not lose
that ground level expertise. The Code definition of the Dir. Of Public
Works can remain without modification.
Page 3
•
April 2012
Director of Public Works — City of Okeechobee, FL
General Job Solicitation
Under the immediate direction of the City Administrator, the purpose of the position
is to direct responsible professional, technical, managerial, and administrative work
over projects and operational activities of public works throughout the City ensuring
that all Public Works projects, goals and objectives are accomplished.
Employees in this classification function in an executive capacity and are
responsible for ensuring adherence to, and compliance with, all applicable City,
State and Federal code over all Public Works facilities. Objective is to ensure the
safety, health and general welfare of the general public and business community.
Work includes planning, development and management of private and public
improvement projects, organizing and directing employees engaged in the
maintenance and construction of roads, street and drainage control systems
along with sanitation and code enforcement abatement issues. Employee works
with a high degree of independence and initiative, and will confer with the City
Administrator on matters involving unusual development or planning problems.
In order to gain insight as to projects orientation and City Council input, the
Director of Public Works shall be required to attend all City Council meetings.
The position will perform other duties as may be prescribed by the City
Administrator or City Council.
The successful candidate will be a graduate from an accredited four year college
or university with a Bachelor's degree in Engineering, Business Administration,
Public Administration, Urban Planning or a closely related field. Any equivalent
combination of training and experience which provides the required knowledge,
skills and abilities may be substituted for the education requirements.
Illustrative tasks for the City Director of Public Works
• Take an active role in reviewing compliance issues w/ Tech Review Committee
applicants — including projects such as Center Bank and Applebee's. Follow-up
to Review Committee decisions for compliance as project proceeds (on site).
Review verification of civil as-builts and plan review of building projects. Work
with and provide constructive advice to private citizens, general contractors and
developers prior to engaging in a future project, advising them of issues in
conflict with the city code, policies and laws.
11PaL,
April 2012 - Director of Public Works — City of Okeechobee, FL
Illustrative tasks for the City Director of Public Works cont'd
(Page 2)
• Review and signatory of Bus Licenses (Bus Tx Receipts) permit applications for
Code compliance
• Review and signatory of Special Event and Street Closing applications for Code
compliance
• Review and signatory of any building permit Cert of Occupancy
• Provides project management for the construction of city public works projects,
including parks, streets, storm sewers, commerce park issues, etc. Developing
the sidewalk and street improvement programs w/ assistance of the Public Works
Operations Supervisor. Coordinate and oversee all facets of bid projects,
coordinating w/ the City Atty for legal compliance on bid prep, the Finance Dept
for budget constraints, contractor compliance to bid documents, project engineer
for plan/specifications, and City Administrator for change order issues, etc.
Including contractor compliance review to Fair Labor Standard Act, lien waiver
and subcontractor identification/compliance. Oversees assigned projects to
ensure contractor compliance with time and budget parameters for the projects.
• Work closely with the General Services Dept, which will lend secretarial support,
to help resolve zoning, land use, licensing and permitting issues.
• Actively participate in preparation and maintenance of the City Comprehensive
Plan, concurrency issues and Land Dev Regs along w/ working closely with the
City Planner. Cooperate in the development of new city code ordinances as it
relates to new state and federal codes revisions and implementations.
• Storm water/drainage issues - Advise and work with the Public Works Operations
Supervisor and Public Works Department to enhance rainwater storage on City
right-of-ways for water quality and flood protection. Act as coordinator in
emergency circumstances such as hurricanes. Includes overseeing street design
and drainage construction/maintenance. Work along side of the Public Works
Operations Supervisor to do routine inspections of City Drainage System to
assure full capacity of water storage on City ditches and free water flow to major
water quality basins. Work w/ SFWMD and the County in implementing their
strategy, including eventual storm water contaminates compliance (FDEP/EPA
NPDES tolerances which will become a major issue in the next few years).
• Coordinate and assist with City Code Enforcement Department and Building
Official, for example, in the evaluation of bldgs/houses to determine structural
integrity and pursue City legal alternatives.
• Budget preparation of Public Works Dept and Capital Improvement Fund.
Participates in the development of the Capital Improvements Plan in terms of
project priority recommendations and projects cost estimates. Coordinate capital
improvement projects with consultants, engineers, private contractors and
affected city departments. Study funding issues, including grant preparation, of
public works recommended projects.
April 2012 - Director of Public Works — City of Okeechobee, FL
Illustrative tasks for the City Director of Public Works cont'd
(Page 3)
• Provides technical advisory and expert witness services to other departments on
matters related to professional engineering issues. Responds to City
Administrator or other inquires relative to public works and engineering policies
and procedures on specific projects and other information.
• Work closely with Operations Supervisor to resolve subordinate grievances.
• Work closely w/ other Governmental agencies for compliance, permitting, and
lobbying incl FDOT, SFWMD, Legislators, OUA, DEP, and other local
governments with a mutual eye on maintaining public relations with the
community.
• This is a salaried position that is not subject to overtime pay, but may require the
successful candidate to work outside the normal operating hours of the Public
Works department.
Knowledge, Skills, and Abilities
• Knowledge of modern business methods and procedures applicable to a wide
variety of public works applications including planning and zoning, civil
engineering, building and code compliance, and public administration
techniques, principles and practices.
• Knowledge of the methods used in making statistical surveys along with ability to
conduct investigations and to prepare accurate analyses for reporting purposes.
• Ability to apply computer applications and software, such as Windows, Word,
Excel, etc.
• Ability to analyze and solve administration problems and render advice and
assistance on each.
• Ability to present oral and written comments and recommendations, clearly and
concisely with the ability to represent the City in public speaking requests.
• Ability to make sound independent judgment.
• Ability to maintain good public relations with subordinates, superiors, and the
public.
• Ability to effectively supervise subordinate employees.
• General knowledge of public works equipment operations
Special requirements
• Possess a valid Florida Driver's License
• Subject to a health physical and drug screening as the City has instituted a drug
and alcohol free workplace program,
• Resident of Okeechobee County or the Buckhead Ridge area of Glades County
by the end of the probationary period.
31Pau,e __
•
•
April 2012
Public Works Operations Supervisor — City of Okeechobee, FL
General Job Solicitation
Under general direction the position performs administrative and supervisory
work of a highly responsible nature in coordinating activities of right-of-way
maintenance, ensuring the safety and quality of the City's transportation
roadways, efficiency of storm drainage systems including flood preventative
maintenance and all related equipment/building and fleet maintenance.
Employee is responsible for assigning and reviewing the work of subordinate
maintenance personnel responsible for activities associated with the operations
of the public works.
Position is responsible for ensuring all work performed adheres to established
safety standards, building codes and regulations, and legal guidelines where
applicable.
The position also evaluates and reviews the process of remodeling, construction
and repair projects for City properties.
Employee works with a high degree of independence and initiative, however,
confers with the Director of Public Works in the event of unusual administrative,
legal or other difficult problems for resolution.
The Operations Supervisor position must possess, at a minimum, five years of a
progressively responsible supervisory capacity in a governmental public works
environment.
Illustrative tasks for the Pub Wks Operations Supervisor
• Immediate supervisor for all Public Works employees. Assigns work activity and
keeps time and attendance records. Conduct evaluations. Retains disciplinary
authority with a review process conducted by the DPWks.
• Traffic Signalization maintenance, coordination of contractors, traffic issues.
• Resource management — contacts (i.e. SFWMD, OUA, County, etc.) and
physical inventory. Originate projects and equipment purchase and assist
DPWks w/ projects development. Coordinate securing quotes and pricing
estimates.
• Develop thorough knowledge of all infrastructure, storm sewers, streets, ROW,
parks, etc
• On site project management (w/ DPWks). On site coordination w/ contractors.
• On site, project by project, public relations
• Liaison w/ DPWks/Admin/other Depts for immediate action issues.
• Subject to call -out, for example to fix traffic signalization, post wind storm or
traffic related issues.
Page 1
Knowledge, Skills, and Abilities
• Extensive knowledge of equipment, material, methods and techniques utilized in
the Public Works Dept.
• Ability to supervise and coordinate subordinates in an onsite work environment.
• Ability to explain and direct project details to subordinates and superiors.
• Ability to make well thought out, independent decisions.
Special requirements
Possess a valid Florida Driver's License; secure a Chauffeur's License (CDL)
within 1st year of employment.
Subject to a health physical and drug screening as the City has instituted a drug
and alcohol free workplace program,
Resident of Okeechobee County or the Buckhead Ridge area of Glades County
• q-0-Q 11
The Up ates! r a- tt . 4)
. F^
from the City Administrator's Desk
SS SE 3rd Av., Okeechobee, FL 34974
City Council meeting OLApril 17, 2012
CDBG for housing repair — On the agenda is action to award bids from
the Apr 5 bid opening for two house repairs: Beverly Alvarado, 605 NW
17th St (low bid Sinemark Construction, Royal Palm Bch - $38,000) and
Mattie Wyatt, 105 NW 5th St. (low bid Neil Long Const, Okeechobee -
$44,875). The bid tab along with a recommendation letter and supporting
info is attached to the agenda as an exhibit. Budget summary: $560k-
housing rehab; $105k admin; $35k occupant relocations.
Okeechobee County Local Mitigation Strategy — Sent an acceptance letter
to the County EOC Director from the Mayor and have filed the update w/
the original 2005 report.
City Attorney:
Florida Public Utilities Franchise = (Ord #1081 20d Rdg was rejected at the
1/17112 mtg pending additional information) We've continued analyzing other
natural gas franchise agreements including soliciting info from existing FPU
customers.
Carter Pritchett Advertising v. City billboard issue — Last email from Atty
Shearman was 4/11/12 w/ the last Settlement Agreement attached,
essentially reflecting the City Council's demands verbatim. In light of
meeting those demands, we expect to execute the document.
Adron Fence unused lots — According to the provisions of the contract to
sell lots 18, 19 & 20 to Adron Fence (TRC Investments LLC) there was a
five year window wherein they were prohibited from the sale of any of the
property. The City also has a right to re -purchase the undeveloped lots at
the orig sale price of $50k/acre but in order to exercise that right the city
was required to give notice 60 days prior to the end of the 5-yr
period ... which we did in July 2011. Last month I rec'd a letter from Adron
Fence expressing interest in selling the property (8.11 acres X $50k@ _
$405,500) to the City. Further Adron Fence added development costs
totally approx $138,000 for a total of $543, 505.31. 1 have been working w/
Atty Cook to interpret the City's rights for 1 st refusal vs simply the
acquisition. If the city isn't interested in purchasing the lots, it appears that
Adron fence will probably market lots 18 & 19 along w/ the cul-de-sac
property.
General Services:
Temporary Use/temp structure permit process — We've contacted 5-6
other communities and each have an approval process for special events
on private property ... they vary on approval formalities. I've attached
General Services work to date, but we still need to determine an
appropriate 'exposure' break point where we can all agree that the city
need inspection intervention.
Page 1
s •
4117112 Activity Rpt (Gen Services) Cont d —
• Tech Review Comm (TRC) — site plan review policy — the City has always
struggled a bit to stay consistent on what triggers a TRC mtg and it has
accentuated due to the increased fees we charge. Just an 'fyi' that Bill
Brisson and I concluded with the attached suggestion sheet. I know it
can't be all inclusive but it gives the City some uniformity.
Finance:
• Audit — Expect at the next meeting to hear the fye 2011 City audit and a
quick budget update from finance.
• Health screening — India and I have discussed the concept of a 'Wellness
Fair' where our employees would have the exposure to health screening
at virtually no cost to the City. I've attached her memo roughly describing
the arrangements. We've both read articles about the advantages
associated with taking a preventative approach to our employees' health
issues and cost savings associated with same and this appears to be a
viable approach.
Fire Dept & Code Enforcement:
• Flashing sign code violations — you recall in the fall of 2010 the Council
heard from Steve Nelson about the flashing sign code prohibition.
Attached is a memo I sent to the Council. At the 11/2/10 mtg Code Enf
was advised to detain enforcement until such time as staff had an
opportunity to reevaluate the code. I sent a few memos out w/ the only
suggestion I could arrive at, which accomplished what I tho't was the
City's position on disallowing said signs in the future ... that being to
`grandfather' those in existence. I can bring that opinion forward in a
future meeting if you wish.
• Nuisance properties in Dean's Ct — In June 2011 the City passed a Resolution
advocating a County DREF (Disaster Recovery Enhancement Fund) grant for
demo on dilapidated properties... to date we haven't executed anything.
Police:
• Grant for electronics, approved in Jan '12 —executed purchase of four
new computers but the grant parameters were modified to -date due to
inability to remodel our interrogation room to accommodate camera
installation within the grant funding... continue to work on it.
Public Works/Engineering:
• Proposed park at SE 6th Ay and SE 71h Street — met w/ DPWks Robertson
and Bill Blazak, Culpepper & Terpening, Engineering, on 4/10/12 and
reviewed the project approach. It appears Mr. Blazak's firm will provide a
site plan, incorporating landscaping design. We discussed grant
possibilities and phasing in the park construction. We plan to meet at the
site next week.
• Applebee's grant -funded turn lane project — Good news...the State has
given approval to the grant funding.
Page 2
0 •
4117112 Activity Rpt (Public Works) Cont d —
• SW 21 Storm sewer project funding — I emailed the construction timeline
for this project and am attaching it hereto.
• Hiring - The Public Works is two employees short and that arrangement
was doable through the winter months w/ some of our projects undone,
but as we enter the spring mowing takes a disproportionate amount of
time. We have interviewed for a mechanic/maintenance worker and I
believe we are close to hiring. We also expect to hire seasonal
assistance, probably through the Workforce Solutions office. Also, through
the Workforce office, we plan to patronize the youth program for some
cleanup projects around the buildings.
City Engineer — Relating to this agenda item, I've enclosed (not
attached) an 8-page memo including supporting info on vacating the
Engineer's position in favor of creating a new job description for the
Director of Public Works along with the creation of the position of
Operations Supervisor.
• 441 & SR 70 intersection improvement — Rec'd notification confirming that
the intersect'n will have a mast arm construction but if the city wishes to
have any color (other than unfinished galvanized) the cost will be between
$6k -$7k. Again, we have inquires about the landscaping plans including
planting smaller trees between the proposed oaks and creating a
landscape barrier between the police station and the curb.
Timeline- Phase l 60% (Jan 2012), Phase 11(Jul 25) 90%, Phase 4 - Nov, Final
12120112, Utility clearances, development of bids and budget timing move the
tentative bid letting to 1214113.
Grant funded proiects-
1. The chronic canal cleanup process. Recall we spent $50k on canal clean
about 4 years ago, but we didn't do any dredging to speak of. This would be a
more extensive project and the request is for $250k. 1 divided the project into 5
legs and reed an estimate of over $600k, but includes $150k south of the city
limits (at Blue Heron) and we are working on definition of the proposal.
Further, after the meeting I was advised that a more realistic timetable is
probably August, as we have to go thru an EPA review.
2. The Commerce park ($200k) SFWMD permitting remains undone as it
incorporates water retainage methods, incl weirs and dry retainage, berms etc
on each lot that we have held will be developed as the lots are sold. I can see
SFWMD's philosophy of completing the permit appropriately and therefore
advocate funding. The funding will also help the City complete the
southernmost lake area that was left a bit undone as we faced money
constraints then w/ the prior grant funding.
Signal at SW e Av and S Park St- The idea of a mini -roundabout was
introduced and we will review its feasibility and, if so, introduce it to the Council.
Page 3
•
•
SETTLEMENT AGREEMENT
The Settlement Agreement (hereinafter "Agreement") is entered into this
day of , 2012, by and between CARTER PRITCHETT ADVERTISING,
INC. (hereinafter "CARTER PRITCHETT"), CENTENNIAL BUILDERS OF LEE
COUNTY, INC. (hereinafter "CENTENNIAL BUILDERS") the CITY OF OKEECHOBEE,
a Florida Municipal Corporation (hereinafter " CITY OF OKEECHOBEE").
WITNESSETH:
WHEREAS, CARTER PRITCHETT and CENTENNIAL BUILDERS desire to
construct billboards within the CITY OF OKEECHOBEE and previously submitted
applications therefore; and
WHEREAS, the CITY OF OKEECHOBEE previously declined to issue said
permits and/or revoked said permits; and
WHEREAS, CARTER PRITCHETT and CENTENNIAL BUILDERS instituted
legal action against the CITY OF OKEECHOBEE arising out of the applications for
building permits to construct billboards within the city limits, as set forth in litigation
entitled: Carter Pritchett Advertising, Inc. & Centennial Builders of Lee County v. The
City of Okeechobee, Case No. 2007-CA-87, Centennial Builders of Lee County, Inc.
and Carter Pritchett Advertising, Inc. v. The City of Okeechobee, Case No. 2008-CA-
062, and Mary Ann Newcomer v. The City of Okeechobee, Case No. 2008-CA-004,
pending in the Circuit Court in and for the Nineteenth Judicial Circuit of Florida in and for
Okeechobee County, Florida ("the litigation"); and
WHEREAS, the CITY OF OKEECHOBEE denies all allegations, liability, and
damages in full; and
0
•
WHEREAS, the parties to avoid the costs and uncertainties of litigation, have
negotiated the settlement of all claims between themselves, as set forth below:
The CITY OF OKEECHOBEE will permit, upon proper application and
payment of all fees therefore, the construction of one new billboard along the Highway
70 corridor east of Taylor Creek, in an area zoned "heavy commercial" within the CITY
OF OKEECHOBEE. Said billboard is to be compliant with all applicable City codes, and
shall be removed at no expense to the CITY OF OKEECHOBEE by a date not later than
15 years from the date construction is completed.
2. The CITY OF OKEECHOBEE will permit, upon proper application and
payment of all fees therefore, replacement of the existing billboard on the State Road 15
corridor north, with the existing billboard to be removed at no expense to the CITY OF
OKEECHOBEE, and the construction of a replacement billboard on the State Road 15
corridor north, approximately 200 feet north of the existing billboard, with a maximum
height of 30.5 feet to the top and 20 feet to the bottom, with dimensions of 10.5 x 36
feet, setback a minimum of 15 feet from the edge of the sign to the right-of-ways, and
otherwise comply with all City codes, within Section 16, Block 58. Said replacement
billboard is to be removed at no expense to the CITY OF OKEECHOBEE by a date not
later than 15 years from the date construction is completed.
3. The billboards described in paragraphs 1 and 2 above shall be static
structures without electronics, other than standard lighting, and without moving parts,
flashing lights, or three-dimensional images and shall be considered conforming
structures. While the billboards being permitted in paragraphs 1 & 2 herein are not
conforming structures under the current codes of the CITY OF OKEECHOBEE, the
Page 2
0
permits being issued are pursuant to the code in existence at the time this litigation
ensued . Therefore, the billboards being erected will be in compliance with the prior
code provisions, and be considered conforming structures for the life of their existence.
The issuance of permits under the terms of this settlement agreement shall not grant or
vest CARTER PRITCHETT or CENTENNIAL BUILDERS with any right, permission or
ability to obtain sign permits in the CITY OF OKEECHOBEE in the future, except such
permitted signs as maybe contained within the city codes existing at the time of permit
application.
4. For good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, CARTER PRITCHETT and CENTENNIAL BUILDERS hereby
release, acquit and forever discharge the CITY OF OKEECHOBEE of and from any and
all claims, damages, costs, expenses, demands of whatsoever kind or nature, and
causes of action, whether known or unknown, direct or indirect, latent or patent, mature
or contingent, whether arising in law or equity which CARTER PRITCHETT and
CENTENNIAL BUILDERS ever had, or may have in the future by reason of any act,
omission, matter, transaction, event, or other thing, from the beginning of time, up to
and including the date of this Settlement Agreement, including but not limited to, all
claims or causes of action arising from or related to applications for building permits, or
the issuance of permits, as more fully described in the litigation.
5. CARTER PRITCHETT and CENTENNIAL BUILDERS agree to indemnify,
defend and hold harmless the CITY OF OKEECHOBEE from any and all claims
advanced by Marie Newcomer Tuten, or any other individual or entity claiming an
interest in any permits for applications described in the litigation, and CARTER
Page 3
PRITCHETT and CENTENNIAL BUILDERS represent and warrant that they have full
and complete authority and right to settle the claims set forth in the litigation.
6. Upon execution of this Agreement by the CITY OF OKEECHOBEE,
CARTER PRITCHETT and CENTENNIAL BUILDERS shall have four months to apply
for building permits for the proposals outlined in paragraphs 1 and 2, and shall have
eight months after issuance of building permits by the CITY OF OKEECHOBEE, if such
building permits are issued, to complete the construction of the billboards, as outlined in
paragraphs 1 and 2. CARTER PRITCHETT and CENTENNIAL BUILDERS agree to
use all reasonable efforts and exercise due diligence in pursuing the building permits
and completing the construction. The CITY OF OKEECHOBEE agrees to reasonably
and expeditiously process the applications submitted by CARTER PRITCHETT and
CENTENNIAL BUILDERS, pursuant to paragraphs 1 and 2 above.
7. It is understood and agreed that this Agreement represents the
compromise of disputed claims, and that the consideration called for herein does not
constitute and is not to be considered as an admission of liability on the part of any of
the parties, by whom all liability is expressly denied.
8. In executing this Agreement, the parties represent that:
(a) this Agreement was signed KNOWINGLY, VOLUNTARILY,
FREELY AND OF THEIR OWN VOLITION; and
(b) in signing this Agreement, the parties have consulted with or had
the opportunity to consult with an attorney, and in fact, have been advised to consult
with an attorney.
9. The parties agree that each party will be responsible for the payment of
their own attorney's fees and expenses, including mediation fees, in connection with the
litigation and the negotiating and drafting, the presentation of the Agreement to the City
Page 4
Council, and any subsequent efforts in connection with the application and construction
process.
10. Each party is represented by independent counsel in this matter.
Furthermore, the parties obtained advice from said counsel concerning the meaning,
scope, and effect of this Agreement.
11. The parties agree to execute and deliver all such other documents,
agreements, or certificates necessary to effectuate the terms of this Agreement.
12. This Agreement shall be governed by and construed under and in
accordance with the laws of the State of Florida, both substantive and remedial, and
shall be deemed to have been executed and delivered in the State of Florida, and shall
be construed and enforced in accordance with the laws of Florida, without regard to
conflicts of law provisions.
13. Any and all actions arising from or relating to the Agreement shall be
commenced in Okeechobee County, Florida.
14. This Agreement constitutes the entire agreement and understanding of the
parties hereto, supersedes any prior agreements between the parties, whether written
or oral, and may not be exchanged, altered, or modified, except in writing and executed
by the parties hereto. Each party acknowledges that no representation, inducement,
promise, or other agreement, oral or otherwise, was made by any party, or anyone
acting on behalf of any party, and that no representation was relied upon by any party,
except to the extent that such representation, inducement, promise, or agreement is set
forth in this Agreement.
Page 5
IN WITNESS WHEREOF, the parties have hereunto signed their names on the
day and year written below.
Dated:
Dated:
Dated:
CARTER PRITCHETT ADVERTISING, INC.
By:
Title:
CENTENNIAL BUILDERS OF LEE
COUNTY, INC.
By:
Title:
Steven A. Ramunni
FOX & RAMUNNI, P.A.
2211 Widman Way, Suite 250
Fort Myers, FL 33901
Counsel for CARTER
PRITCHETT/CENTENNIAL
Page 6
Dated:
Dated:
CITY OF OKEECHOBEE
By:_
Title:
Robert C. Shearman
HENDERSON, FRANKLIN, STARNES &
HOLT, P.A.
Attorneys for OKEECHOBEE
Post Office Box 280
1715 Monroe Street
Fort Myers, FL 33902-0280
Page 7
Brian Whitehall
From: Jackie Dunham adunham@cityofokeechobee.com]
Sent: Wednesday, April 11, 2012 9:26 AM
To: Brian Whitehall
Subject: Re: Special Events
Brian below is a summarization of the responses I received from the various cities I queried
regarding their special event procedures. I e-mailed Clewiston but didn't seem to have a response.
I sent another e-mail today.
Avon Park has no procedure or ordinance. Requests are handled on a case by case basis. Letter
provided to City Manager with details of event which is reviewed by the City Manager or
Administrative Services Director, signed and provided to PD.
Lake Placid has an Event Application for use of parks but not for private property.
Clewiston has an Event Application reviewed and signed by the City Manager provided it requires
no street closures. Any event considered out of the ordinary are taken to the Council.
Indiatlantic uses an Event Application when held on Commercial or Town owned property; signed
by all Departments. Private residences are not included however guidelines must be followed
pertaining to noise.
Belle Isle uses an Application approved by City Manager and initialed by PD and Planning &
Zoning.
Edgewood uses an Event Application signed by City Clerk and PD. Filing period of less than 60
days must be approved by City Clerk or Chief of Police.
Jackie Dunham
General Services Secretary
City of Okeechobee
55 SE Third Avenue
Okeechobee, FL 34974
Tele: 863-763-3372 ext. 217
Fax: 863-763-1686
Ldunham@cityofokeechobee.com
Website: http://www.cityofokeechobee.com
NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure.
SUGGESTIONS FOR WHEN A SITE PLAN REVIEW SHOULD BE REQUIRED
Except for §90-194 and §90-428 which require site plan reviews for residential migrant housing
and PUD-R & PUD-M proposals, the LDC contains no guidance as to when a site plan must be
submitted for review by the TRC.
A site plan review is intended primarily, but not necessarily exclusively, to ensure that all
development in the City is;
a. in compliance with all applicable land development regulations of the City;
b. designed to ensure that public services can be adequately and efficiently provided to the
property as developed;
C. compatible with adjoining and nearby development and does not unduly negatively impact
neighboring properties; and
d. designed so as to provide for safe and efficient vehicular and pedestrian access and internal
circulation.
To these ends, we suggest that the City require a formal site plan review by the TRC for all
development and redevelopment projects that:
a. involve new construction;
b. need to receive, or have received, approval by the BOAA of a special exception;
C. involve the physical expansion of the land area associated with a use;
d. involve the physical expansion of a structure or an increase in any dimension of the
footprint of a structure on the property;
involve an increase in floor area of a structure;
f. involve a change in use that will require a greater number of parking spaces than required
of the immediately prior use;
d. involve any physical modification to the parking, internal circulation pattern, or vehicular
ingress to or egress from the property;
EXCEPTIONS: Individual single-family or two-family dwelling units, or the replacement of a
conforming structure and/or conforming use on the same building footprint and of the same
square footage and height as the structure it is replacing are exempt from site plan review.
To: Brian Whitehall, City Administrator
From: India Riedel, Finance Director
RE: Health Care for our Employees
Date: April 4th, 2012
The price of health care is a large part of our personnel cost which is the largest
expenditure within our City budget year after year. Through preventive measures,
numerous businesses as well as government entities have been able to decrease
health care spending, hospital visits, and overtime cost as a result of reducing
sick staff members.
Worker health promotion is among the most proactive way we (the City) can
decrease employee health care expenditures.
would like to propose that we provide a `Wellness Fair' for our employees.
Some of the key areas to introduce during the initial event:
• Health screening: BCBS will provide questionnaires and health care
professionals to take blood pressure, cholesterol test, and review answers
with attendees.
• Provide listing of all area fitness centers (possibly get them to take a % off if
employees sign up in volume)
• Educational literature for tobacco cessation, weight loss or stress relief
• Literature for stress relief and information regarding our free Employee
Assistance Program (EAP)
• Various dietary information for all, and to include, those who have early
indicators of diabetes, heart disease risk, etc.
BCBS would require a minimum of 60 attendees for them to provide the skilled
personnel for the health screenings. There are two other entities in Okeechobee
who participate in the GHT through PRM (OUA and BOCC). Partnering with
either one or both entities would help to ensure a successful Wellness Fair.
Promoting healthful staff can only help reduce or minimize health care cost for the
City, and in the benefits to the employee are far reaching.
Page 1
•-- DMIBIT 3
MV 2, 2010
City of Okeechobee 55 SE 3.d A Okeechobee FL 34974-2932
Off ce of the City Administrator Brian Whitehall
Ph 863-763-3372 Fax 763-1686 email. bwhitehall(a7,cityofokeechobee.com
*****Memorandum *'�*
o t9t5�
Date: Oct 1, 2010
TO: Mayor and City Council
Code Enforcement
City Clerk
City Planner
FR: City Administrator
RE: Flashing/blinking signs, signs w/ moving lights etc
Sect'n 90-568 (Prohibited signs) of the City Code is as follows:
(4) Signs with moving lights. Signs with lights or illuminations that flash, move, rotate,
scintillate, blink, flicker, or vary in intensity or color.
Signs with visible moving, revolving, running, or rotating parts or visible mechanical
movement of any description or other apparent visible movement achieved by electrical,
electronic, or mechanical means except for time -temperature -date signs, traditional
barber poles, and governmental traffic devices and signage.
This prohibition includes signs with the optical illusion of movement by means of a
design that presents a pattern capable of giving the illusion of motion or changing of copy
except signs of this type that provide time and temperature, or that display an image or
electronic message, so long as such display or message does not change more frequently
than once every 60 seconds.
Met with Steve Nelson, Okeechobee Discount Drugs, SW Park St.,
requesting that the 'moving' sign described in the Code be allowed to
stay and scroll more often than the 60 second limitation cited by Code
enforcement. He gave the following merits to his argument:
1. Called the Chief and confirmed that there was basically no
traffic related hazard to his sing
2. Attributes 12% of his sales to the signage, vs other forms of
advertising.
3. Has used the sign for public service announcements in the
past
IIP�I"e
•
0
Memo — flashing signs — S. Nelson issues, 10/1/10
4. Walgreens has a larger sign/smaller bulbs and is able to put
their entire message thereon, where he doesn't have that
capability
5. Has used for drug recall issues
6. Other communities allow
He suggested the Code be modified to allow a two (2) second interval
vs the current sixty (60) second requirement.
I suggested that a City Council appearance may be in order.
2 1 P a v e
OKEECHOBEE COUNTY - SIN_ 215T STREET DRAINAGE IMPROVEMENTS PROJECT
CAS PROJECT # 00- 0903-108D
MANDATORY Pre -Bid Meeting April 3, 2012 at 10:00 a.m.
304 NW 2"d Street
Okeechobee, FL 34972
AGENDA
7. Unless shown as FDOT Type structures, the US Precast Corporation Concrete Products
Catalog 41h Edition was used for the M-# structures. Furthermore, M-# structures are to
represent round structures with lips.
8. A job site trailer will not be required.
9. Bidders are advised that schools, churches, and local businesses are nearby the project
in addition to local residences and are to exercise due care during the course of
construction.
10. Tentative Project Schedule — 120 days for construction
Schedule Item Description
Date
Bid Advertisement
312512012
Sunda
Mandator Pre -Bid Meeting
4/3/2012
Wednesday
10:00 AM
Last Day for questions
4113/20/2
Friday
3:00 PM
Bids Received
4/20/2012
Friday
11:00 AM
CAS Bid Recommendation Due
512/2012
Wednesday
Bid Award
5110/2012
Thursday
Pre -Construction M19
6111/2012
Monday
2:00 PM
Notice To Proceed
6/18/2012
Monday
Substantial Completion
9/2612012
Wednesdav
Project Closeout
10116120,12
Tuesday
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BID AGENDA 2012 04 03.doc