2017-01-0380
CITY OF OKEECHOBEE
JANUARY 3, 2017, REGULAR CITY COUNCIL MEETING
55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974
SUMMARY OF COUNCIL ACTION
PAGE 1 OF H
II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II
CALL TO ORDER - Mayor Pro-Tempore
January 3, 2017, City Council Regular Meeting, 6:00 P.M.
II. OPENING CEREMONIES
Invocation to be given by Reverend Jim Dawson, First United Method Church;
Pledge of Allegiance led by Mayor Pro-Tempore Watford.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk
Council Member Monica M. Clark
Council Member Noel A. Chandler
Council Member Mike O'Connor
Council Member Gary Ritter
Council Member Dowling R. Watford, Jr.
City Attorney John R. Cook
City Administrator Marcos Montes De Oca
City Clerk Lane Gamiotea
Deputy City Clerk Bobbie Jenkins
Fire Chief Herb Smith
Police Chief Bob Peterson
Public Works Director David Allen
IV. ELECTION OF MAYOR
A. Nominations for Mayor
B. Motion to appoint one of the nominees to serve as Mayor, term being
January 3, 2017, through January 7, 2019.
Council Member Watford will serve as Mayor Pro-Tempore until the election of a Mayor is conducted at this
meeting. He called the January 3, 2017, Regular City Council Meeting to order at 6:00 P.M.
In the absence of Reverend Jim Dawson, the invocation was offered by Mayor Pro-Tem Watford; the Pledge of
Allegiance was led by Mayor Pro-Tem Watford.
City Clerk Gamiotea called the roll:
Present
Present
Absent (due to illness)
Present
Present (seated to the right of Attorney Cook)
Present (seated in the center chair on the dais normally occupied by the Mayor)
Present
Present
Present
Present (entered Chambers at 6:09 P.M.)
Present
Present
Attorney Cook was asked to moderate the procedures for electing a Mayor. He opened the floor to receive
nominations. Council Member Ritter and Chandler nominated Council Member Watford. No other nominations were
offered.
Council Member Ritter moved to appoint nominee Dowling R. Watford, Jr. to serve as Mayor, term being January 3,
2017, through January 7, 2019; seconded by Council Member Chandler.
VOTE:
CHANDLER — YEA CLARK — YEA O'CONNOR — ABSENT
RITTER — YEA WATFORD — YEA MOTION CARRIED.
JANUARY 3, 2017 - REGULAR MEETING - PAGE 2 OF 8
11 AGENDA 11 COUNCIL ACTION - DISCUSSION — VOTE 11
•
IV. ELECTION OF MAYOR CONTINUED
B. Motion to appoint one of the nominees to serve as Mayor continued
V. AGENDA - Mayor
A. Requests for the addition, deferral or withdrawal of items on today's
agenda.
VI. PROCLAMATIONS AND PRESENTATIONS - Mayor
A. Present Patty Burnette with a 5-year longevity service award
D. Present Pam Wilkerson with a 5-year longevity service award
C. Present Marty Thomas with a 5-year longevity service award
D. Present Jeff Treece with a 5-year longevity service award.
E. Present Steve Weeks with a 10-year longevity service award
Attorney Cook then stood congratulating Mr. Watford and offered him the center chair. Mayor Watford thanked the
Council for their support and confidence in him and added that he will strive to maintain the professionalism of the
Office of Mayor set over the last 26-years by Mayor Kirk. He further advised the City Clerk that he will be voting as
Mayor.
Mayor Watford asked whether there were any additions, deferrals, or withdrawals on today's agenda. Approving the
December 13, 2016, Minutes was deferred to the next meeting, the others listed will still be considered. New
Business Item E, Exhibit 5 was added by Administrator MontesDeOca.
On behalf of the City, Mayor Watford and Administrator MontesDeOca presented Mrs. Patty Burnette with an
engraved Cross pen and a framed certificate which read, "in recognition of your 5-years of service, hard work,
and dedication to the City, its citizens, and your fellow employees from November 1, 2011, to November 1,
2016." Mrs. Burnette is the Coordinator of the General Services Department.
On behalf of the City, Mayor Watford and Police Chief Peterson presented Mrs. Pam Wilkerson with an engraved
Cross pen and a framed certificate which read, "In recognition of your 5-years of service, hard work, and
dedication to the City, its citizens, and your fellow employees from October 17, 2011, to October 17, 2016."
Ms. Wilkerson is an E-911 Emergency Police/Fire Dispatcher.
On behalf of the City, Mayor Watford and Clerk Gamiotea presented Mrs. Marty Thomas with an engraved Cross
pen and a framed certificate which read, "In recognition of your 5-years of service, hard work, and dedication to
the City, its citizens, and your fellow employees from October 18, 2011, to October 18, 2016." Mrs. Thomas
works as a Part -Time Office Assistant in the office of the Clerk.
On behalf of the City, Mayor Watford and Director Allen presented Mr. Jeffrey Treece with an engraved Cross pen
and a framed certificate which read, "In recognition of your 5-years of service, hard work, and dedication to the
City, its citizens, and your fellow employees from October 3, 2011, to October 3, 2016." Mr. Treece began his
career as Maintenance Operator and was later promoted to Mechanic I for the Public Works Department.
On behalf of the City, Mayor Watford and Fire Chief Smith presented Mr. Steve L. Weeks, Jr. with an embossed
portfolio and a framed certificate which read, "In recognition of your 10-years of service, hard work, and
dedication to the City, its citizens, and your fellow employees from November 3, 2006, to November 3, 2016."
Mr. Weeks serves as a Firefighter/EMT and Safety Officer. Additionally, he was presented with a commendation
bar.
ON•
AGENDA
JANUARY 3, 2017 - REGULAR MEETING - PAGE 3 OF H
COUNCIL ACTION - DISCUSSION — VOTE
VI. PROCLAMATIONS AND PRESENTATIONS CONTINUED
F. Present Bob Peterson with a 20-year longevity service award
G. Swearing in of Police Chief Bob Peterson.
H. Promotion of Lieutenant Donald Hagan to Police Major.
Swearing in of Police Officer Brandon Griesemer.
On behalf of the City, Mayor Watford presented Police Chief Peterson with a Longevity Service Award in the amount
of $250.00 and a framed certificate which read, "In recognition of your 20-years of service, hard work, and
dedication to the City, its citizens, and your fellow employees from December 27, 1996 to December 27,
2016." Chief Peterson was hired by Chief Mobley, promoted to Sergeant by Chief Farenkopf, then served as a
Detective Sergeant and promoted to Major under Chief Davis.
Clerk Gamiotea administered the Oath of Office for Chief of Police to Mr. Robert (Bob) Peterson. With his right hand
raised, Chief Peterson recited the following Oath: "1, Robert Peterson, am a citizen of the State of Florida and the
United States of America, and being employed by the City of Okeechobee, and as a recipient of public funds,
do solemnly swear that I will support, protect, and defend, the Constitution and Government of the United
States and of the State of Florida, that 1 will faithfully perform all duties of Chief of Police for the Okeechobee
City Police Department, on which 1 am now about to enter, so help me God." Mrs. Loretta Peterson then
removed his Major badge and pinned the Chief Badge on the left breast of his uniform.
Police Lieutenant Donald Hagan joined Chief Peterson at the podium where Lieutenant Hagan's promotion to Major
was announced. He was pinned with his Major badge by his wife, Mrs. Jeanne Hagan.
Chief Peterson then asked Officer Kelley Margerum to join him and Major Hagan at the podium. He congratulated
her on the recent completion of her Associate's Degree. Chief Peterson explained she is currently enrolled to
complete her Bachelor's Degree and expressed gratitude toward the Mayor and City Council for allowing
Department Heads the ability to reimburse employees for tuition of classes directly pertaining to their job duties. The
Mayor and Council extended their congratulations. Officer Margerum added her appreciation of the education
program.
Clerk Gamiotea administered the Oath of Office to Police Officer Brandon Griesemer. With his right hand raised,
Officer Griesemer recited the following Oath: "1, Brandon Griesemer, am a citizen of the State of Florida and the
United States of America, and being employed by the City of Okeechobee, and as a recipient of public funds,
do solemnly swear that I will support, protect, and defend, the Constitution and Government of the United
States and of the State of Florida, that I will faithfully perform all duties as an Officer for the Okeechobee City
Police Department, on which 1 am now about to enter, so help me God." Officer Griesemer was pinned with his
badge by his fiancee, Ms. Rebecca Priest. Officer Griesemer was hired Part -Time on December 29, 2016, and will
begin as a Full -Time Officer tomorrow. He has been a member of the Police Auxiliary since June, 2016 and has
recently graduated from the South Florida Community State College Police Academy.
JANUARY 3, 2017 - REGULAR MEETING - PAGE 4 OF 8
II AGENDA N COUNCIL ACTION - DISCUSSION — VOTE II
•
VI. PROCLAMATIONS AND PRESENTATIONS CONTINUED
J. Swearing in of Police Officer Luis Rojas.
VII. MINUTES - City Clerk
A. Motion to dispense with the reading and approve the Summary of Council
Action for the meetings of November 15, 2016, November 22, 2016,
December 12, 2016, and December 13, 2016.
VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor
AA.a) Motion to read proposed Ordinance No. 1148 by title only regarding
Abandonment of Right -of -Way Petition No. 16-003-AC - City Attorney
(Exhibit 1).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 1148 by title only
Clerk Gamiotea administered the Oath of Office to Police Officer Luis Rojas. With his right hand raised, Officer Rojas
recited the following Oath: "1, Luis Rojas, am a citizen of the State of Florida and the United States of America,
and being employed by the City of Okeechobee, and as a recipient of public funds, do solemnly swear that I
will support, protect, and defend, the Constitution and Government of the United States and of the State of
Florida, that 1 will faithfully perform all duties as an Officer for the Okeechobee City Police Department, on
which I am now about to enter, so help me God." Officer Rojas was pinned with his badge by his parents, Mr. Luis
Rojas and Ms. Carmen Texier. Officer Rojas was a member of the Police Auxiliary, hired as a Part -Time Officer on
July 27, 2016, until recently being transferred to Full -Time, filling the vacant position left open by the resignation of
Officer Danny Green.
Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the
meetings of November 15, 2016, November 22, 2016, and December 12, 2016; seconded by Council Member
Ritter. The December 13, 2016, minutes were deferred to the next meeting by Clerk Gamiotea, There was no
discussion on this item.
VOTE:
WATFORD — YEA CHANDLER — YEA CLARK — YEA
O'CONNOR — ABSENT RITTER — YEA MOTION CARRIED.
MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:46 P.M.
Motion and second by Council Members Ritter and Clark to read proposed Ordinance No. 1148 by title only
regarding Abandonment of Right -of -Way Petition No. 16-003-AC (closing the East to West Alleyway within Block 44
lying between Lots 1 through 6 and 7 through 12).
VOTE:
WATFORD — YEA CLARK — YEA CHANDLER — YEA
O'CONNOR — ABSENT RITTER — YEA MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 1148 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED
HEREIN, WITHIN BLOCK 44, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5,
PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY
CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT
IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE."
AGENDA
JANUARY 3, 2017 - REGULAR MEETING - PAGE 5 OF 8
COUNCIL ACTION - DISCUSSION — VOTE
VIII. PUBLIC HEARING CONTINUED
A.2.a) Motion to adopt Ordinance No. 1148.
b) Public comments and discussion.
c) Vote on motion.
CLOSE PUBLIC HEARING — Mayor
IX. NEW BUSINESS
A. Make two-year appointments for the Mayor and City Council Members
to serve as the City Liaison to various Boards/Committees - Mayor
Central Florida Regional Planning Council (two required, 2015
appointees: O'Connor regular member, Ritter alternate member).
2. Treasure Coast Regional League of Cities (two required, 2015
appointees: Watford regular member, O'Connor alternate
member).
Treasure Coast Council of Local Governments (2015 appointee
Watford).
4. Okeechobee County Healthy Start Coalition (2015 appointee:
Ritter).
Motion and second by Council Members Chandler and Clark to adopt proposed Ordinance No. 1148.
Mayor Watford yielded the floor to Mr. Bill Brisson, the City Planning Consultant, LaRue Planning and Management
Services, Inc., who explained Petition No. 16-003-AC was reviewed by the Technical Review Committee on October
20, 2016, and offered a recommendation to approve with conditions. The Planning Board reviewed the Petition on
November 17, 2016, and unanimously recommended approval based on the Planning Staff's following findings: the
proposed abandonment is consistent with the Comprehensive Plan; it is not the sole access to any property and the
remaining access is not an easement; it is in the public's interest and provides a benefit to the City; and finally, it
would not jeopardize the location of any utility.
Mr. Steven Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida, was present on behalf of
the applicant and available for questions from the Council. None were offered. Mayor Watford asked whether there
were any questions or comments from the public. There were none.
VOTE:
WATFORD — YEA CHANDLER — YEA CLARK — YEA
O'CONNOR — ABSENT RITTER — YEA MOTION CARRIED.
MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:49 P.M.
Mayor Watford asked the Council to review the current appointed boards/committees list and express their
willingness to continue to serve or request another board/committee. The following appointments were made for a
term of two years:
Central Florida Regional Planning Council: Council Member O'Connor was re -appointed as regular member and
Council Member Ritter was re -appointed as alternate.
Treasure Coast Regional League of Cities: Council Member Ritter was appointed as regular member and Council
Member O'Connor was re -appointed as alternate.
Treasure Coast Council of Local Governments: Mayor Watford was re -appointed.
Okeechobee County Healthy Start Coalition: Council Member Ritter was re -appointed.
AGENDA
JANUARY 3, 2017 - REGULAR MEETING - PAGE 6 OF 8
COUNCIL ACTION - DISCUSSION — VOTE
IX. NEW BUSINESS CONTINUED
A. Make two-year appointments for the Mayor and City Council Members
to serve as the City Liaison to various Boards/Committees continued.
Okeechobee County Tourist Development Council (two required,
2015 appointees: Chandler and O'Connor).
6. Okeechobee Main Street (2015 appointee: O'Connor)
Chamber of Commerce of Okeechobee County (2015 appointee
O'Connor).
8. Economic Council (2015 appointee: Chandler).
9. Okeechobee Historical Society (2015 appointee: Watford)
10. Battle of Okeechobee Re-enactment Committee (2015 appointee
Watford).
11. Shared Services of Okeechobee Executive Round Table (Mayor
to serve).
12. Okeechobee County Juvenile Justice Council (Mayor to serve).
B. Consider a Temporary Street Closing Application submitted by
Okeechobee County Centennial Committee to close the Block of
Northwest 2nd Street between Northwest 3rd and 4th Avenues on
January 21, 2017, at 5:00 P.M. for the Okeechobee County Centennial
Kickoff Event - Shade Turgeon, Facilitator (Exhibit 2).
Okeechobee County Tourist Development Council: Council Members Chandler and O'Connor were re -appointed.
Okeechobee Main Street: Council Member O'Connor was re -appointed.
Chamber of Commerce of Okeechobee County: Council Member O'Connor was re -appointed. Council Member
Clark expressed interest in serving as the Liaison should Council Member O'Connor wish to be removed and upon
confirming she could attend their meetings.
Economic Council: Council Member Clark was appointed.
Okeechobee Historical Society: Mayor Watford was re -appointed.
Battle of Okeechobee Re-enactment Committee: Mayor Watford was re -appointed.
Shared Services of Okeechobee Executive Round Table: Mayor Watford was appointed.
Okeechobee County Juvenile Justice Council: Mayor Watford was appointed.
Motion by Council Member Clark to approve a Temporary Street Closing Application submitted by the Okeechobee
County Centennial Committee to close a portion of Northwest 2nd Street between Northwest 3rd and 4th Avenues on
January 21, 2017, at 5:00 P.M. for the Okeechobee County Centennial Kickoff Event; seconded by Council Member
Chandler.
Mayor Watford invited all to come out and support the County Centennial events planned for 2017.
VOTE:
WATFORD — YEA CHANDLER — YEA CLARK — YEA
O'CONNOR — ABSENT RITTER — YEA MOTION CARRIED.
•ON
AGENDA
JANUARY 3, 2017 - REGULAR MEETING - PAGE 7 OF 8
COUNCIL ACTION - DISCUSSION - VOTE
IX. NEW BUSINESS CONTINUED
C. Motion to ratify the appointment of Ms. Jeanna Lanier to the City
General Employees' Pension Board as the Fifth Trustee, term ending
December 31, 2017 - City Clerk (Exhibit 3).
D. Motion to approve an Amendment to the Traffic Signal Maintenance
and Compensation Agreement with the State of Florida Department of
Transportation - Public Works Director (Exhibit 4).
ITEM ADDED TO AGENDA:
E. Motion to approve Addendum No. 2 and Addendum No. 3 to the
contract for Legislative Services - City Administrator (Exhibit 5).
Motion and second by Council Members Ritter and Clark to ratify the appointment of Ms. Jeanna Lanier to the City
General Employees' Pension Board as the Fifth Trustee, term ending December 31, 2017 (replacing Mr. Jose
Santiago).
VOTE:
WATFORD — YEA CHANDLER — YEA CLARK — YEA
O'CONNOR — ABSENT RITTER — YEA MOTION CARRIED.
Council Member Clark moved to approve an Amendment to the Traffic Signal Maintenance and Compensation
Agreement with the State of Florida Department of Transportation (FDOT); seconded by Council Member Ritter.
Resolution No. 2015-02, approving the FDOT Traffic Signal Maintenance and Compensation Agreement No.
ARW85, was adopted June 2, 2015. It regulates the responsibilities of traffic signals and equipment located at
intersections on State Roads. The proposed amendment makes several significant changes that will benefit the
City. The specific changes are as follows: the FDOT will reimburse the maintaining agency a lump sum amount for
costs incurred for the replacement and/or repair of traffic signals and devices damaged as a result of third parties or
as a result of other causes that were not caused by the maintaining agency; FDOT will now take responsibility for
pursuing third party damage from maintaining agency; FDOT now assumes responsibility for periodic mast arm
maintenance; time to repair critical detectors has increased from 60-days to 90-days; inspections of signals has
decreased from 100 to 50 percent annually.
VOTE:
WATFORD — YEA CHANDLER — YEA CLARK — YEA
O'CONNOR — ABSENT RITTER — YEA MOTION CARRIED.
Motion and second by Council Members Ritter and Chandler to approve an Agreement within Exhibit 5 labeled
"Addendum No. 2" to provide monitoring of legislative issues and to seek special legislative funding relating to the
City; and an Agreement within Exhibit 5 labeled "Addendum No. 3" to provide grant administration services on
specific projects and programs as directed by the City; both with CAS Governmental Services, LLC.
Mr. Dale Milita of CAS Governmental Services, LLC was present and provided the Council with an explanation of
this action in that the Florida Legislature is now requiring lobbyists who provide more than one service to separate
each service into individual contracts. Mr. Milita, accompanied by his partner Ms. Connie Vanassche, briefly noted
many changes to procedures within the upcoming legislative sessions that are being implemented to provide more
transparency.
JANUARY 3, 2017 - REGULAR MEETING - PAGE 8 OF 8
11 AGENDA 11 COUNCIL ACTION - DISCUSSION - VOTE 11
E•IJ
IX. NEW BUSINESS CONTINUED
E. Motion to approve Addendum No. 2 and Addendum No. 3 to the
contract for Legislative Services continued.
X. ADJOURNMENT - 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 backup for official records of the Clerk. ,, ,, /'
6/ /I
ATTEST: Dowling R, Watf rd, Jr., Mayor
Lane Gamiotea, C C, ,>ity Clerk
The lobbying services agreement specifies the following services: provide information and data to Federal, State,
and Regional agencies; prepare appropriate draft cooperative agreements for agencies involved and for review by
the City; provide appropriation language and, as directed, work with City Staff; attend and provide testimony at
appropriate subcommittee meetings; attend and provide testimony at appropriate committee hearings; coordinate
and solicit support from legislators and appropriate state agencies and other special testimony as may be needed;
report findings to the City; make necessary reports to appropriate Federal, State, and Regional agencies. The
annual fee is $18,000.00 for these services.
The grant services agreement specifies the following services: provide all personnel, labor, and materials to
administer the project from concept to close-out with the appropriate State agency, monitoring and meeting
appropriate parties to make every effort to maintain the grant on schedule and receive direction throughout the
project, including monthly reports, reimbursement payments, and close-out documents. Compensation is 4.5
percent of the grant awarded.
VOTE:
WATFORD — YEA CHANDLER — YEA CLARK — YEA
O'CONNOR — ABSENT RITTER — YEA MOTION CARRIED.
There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 7:09 P.M. The
next regular scheduled meeting is January 17, 2017,
Okeechobee-'
107 SW 17th Streea
ANDEPENDENT
Okeechobee, Flo�-f
863-763-3 T
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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 Zo 4y
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
�flaSl/6
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 further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken
Sworn to and §pbscribed be ore me this
` day of �� 2 0� Uj AD
Notary Public, State of Florida at Large
ANGIEBRIOGES
*: MY COMMISSION # FF 976149
EXPIRES:Apd120,2020
P Bonded Thfu Notary Pubk Undww tats
A'Af U1 3t
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Suite D
" 34974
PUBLIC NOTICE
CITY COUNCIL MEETING
NOTICE I5 HEREBY GIVEN that the City Council for the Gty of Ok11 11,
bee will conduct HER!
regular meeting on Tues, lan. 3, 2017, 6 PM, or as
soon thereafter as possible, ati,ed Gty Hall, 8,,,E 3rd Ave, Rm 200, Okeecho-
hhee O la�ioedefromlicityofokc 11 eechobeed comuor by calling the Office of the Gty
Administrator, 863-763-3372 x212.
ANY PERSON DECIDING TO APPEAL any decision made by the City
Council with respect to any matierconsidered a[ this meeting will need to
ensure a verbatim record of the proceeding is made and the record includes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabibbes Act (ADA), any person with a
disability as defined by the ADA, that needs special accommodation to par
ticipate in this proceeding, contact the City Clerk's Office no later than twc
business days prior to proceeding, 863-763-3372.
BE ADVISED that should you Intend to show any document, picture, vide(
or items to the Council in support or opposition to any item on the agenda
a copy of the document, picture, video, or item MUST be provided [o agent,
City Clerk for the City's records.
By: Mayor James E. Kirk
478743 ON 12/28/2016
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City of Okeechobee, January 3, 2017 meeting Minutes taken during the meeting by blJww
CALL TO ORDER: Mayor Pro-Tempore Watford called the Regular City Council Meeting to order on January 3, 2017,
at 0'f06 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida
34974.
Dw
OPENING CEREMONIES: The invocation was to be given by Reyes4m�D6wson of the First United Method
Church; the Pledge of Allegiance led by Mayor Pro-Tem Watford.
III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk
Council Member Monica Clark Present
Council Member Noel Chandler
Council Member Mike O'Connor
Council Member Gary Ritter
Council Member Dowling R. Watford, Jr.
City Attorney John R. Cook
City Administrator Marcos MontesDeOca
City Clerk Lane Gamiotea
Deputy City Clerk Bobbie Jenkins
Police Chief Bob Peterson
Fire Chief Herb Smith
Public Works Director David Allen
Present
Absent [Santss�
Present
Present
Present
Present
Present
Present
Present
-P�t Atsmf-- W
Present
IV. ELECTION OF MAYOR
A. Nominations for Mayor
Attorney Cook opened the floor to receive nominations for City Council Member to serve as Mayor:
CAR- nomi0rs Dowllr� rn6ho
NC. Arid
B. Motion to appoint o e of the nominees to serve as Mayor, term being January 3, 2017 through January 7, 2019.
Council MemberuL moved to appoint ®IN to erve a Mayor for a two-year term,
January 3, 2017 through January 7, 2019; seconded by Council Member
'--Kf =YEA
I RITTER - YEA
VOTE:
CHANDLER - YEA
WATFORD - YEA
'-Como
OTION CARRIED.
V. AGENDA — Mayor
A. Requests for the addition, deferral, or withdrawal of items on today's agenda.
Lane — defer approving the December 13, 2016 minutes to the next meeting.
Exh bl' �--#S Ivav Oust rj &s H*n E. (4 0*fijSiv- r)
Page 1 of 6
VI. PRESENTATIONS AND PROCLAMATIONS — Mayor
Aresent Patty Burnette with a 5- e I ngevity service award.
A.
behalf of the City, Mayor and Administrator MontesDeOca presented Mrs. Patty Burnette with an engraved
cross pen and a framed certificate which read, "In recognition of your 5-years of service, hard work, and
dedication to the City, its citizens, and your fellow employees from 11 Ji 1 It to 111, //U ."
B. C) Present Marty Thomas with a year longevity service award.
On behalf of the City, Mayor and Clerk Gamitoea presented Mrs. Marty Thomas with an engraved cross pen
and a framed certificate which read, "In recognition of your 5-years of servicehard work, and dedication to the
City, its citizens, and your fellow employees from lI #11 to Oltp,
."
C. (D) Present Jeff Treece with a 5h-�y� qar longevity service award.
On behalf of the City, Mayor UW and Director Allen presented Mr. Jeff Treece with an engraved cross pen and a
framed certificate which read, "In recognition of your 5-years of service, hard work, and dedication to the City, its
citizens, and your fellow employees from 1013111 to 161311t, •"
D. (E) Present Steve Weeks with a 10 year longevity service award.
On behalf of the City, Mayor and Chief Smith presented Mr. Weeks with an embossed portfolio and a framed
certificate which read, "In recognition of your 0- ears of servic , hard work, and dedication to the City, its
citizens, and your fellow emplo ees from 1 �3 0& , to. ll1� I (0 , "
(G) Swearing in of Police Chief Bob Peterson.
W, (J) Promotion of Lt. Donald Hagan to Police Major.
(H & 1) Swearing in of Police Officer Brandon Griesemer and Police Officer Luis Rojas.
H (F) Present Bob Peterson with a 2Q-year longevity service award.
On behalf of the City, Mayor ON presented to Chief Peterson with a check in the amount of $250.00 and a framed
certificate which read, "In recognition of your 20-years of service, hard work, and dedication to the City, its
citizens, and your fellow employees from December �J , 1996 to December ;�, 2016."
AW(B) Present Pam Wilkerson with y r longevity service award.
J. On behalf of the City, Mayor and Chief Peterson presented Mrs. Pam Wilkerson with an engraved cross pen
and a framed certificate which read, "In recognition of your 5-years of service, hard work, and dedication to the
City, its citizens, and your fellow employees from 10117111 to 1O/1711(0 ."
Page 2 of 6
VII. MINUTES — City Clerk
A. Council Member L moved to dispense with the reading and approve the Summary of Council Action for
thus of November 15, 2016, November 22, 2016, and December 12, 2016,; second by Council Member
VOTE:
n I� r�—KR14— YEA CHANDLER — YEA NNOFZ
l/IU.� RITTER — YEA WATFORD — YEA MOTION CARRIED.
VIII.OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayo�"(0 at PM
A.1.a) Motion and second by Council Members and to read proposed Ordinance No. 1148 by
title only regarding Abandonment of Right -of -Way, Petition No. 16-003-AC — City Attorney (Exhibit 1).
b) Vote on motion to read by title only.
VOTE:
7KIRK} YEA CHANDLER —YEA O'CONNOR —
RITTER — YEA WATFORD — YEA OTION CARRIED.
c) City Attorney to read proposed Ordinance No. 1148 by title only: "AN ORDINANCE OF THE CITY OF OKEECHOBEE,
FLORIDA, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK
44, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS
OF OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE
PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA;
PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE."
2.a) Motion and second by Council Members and to adopt proposed Ordinance No. 1148
b) Q,Public comments and diisccus lion. nu
ill
&SSt
I mw / e (Lot
rds aff Y-OV6V
Sloe i)0�-
Dw0r
IOlna UOVS Way, Q/CQ26hob� D"Yt hQhQlf'oP
A do0j'sSIM
c) Vote on motion.
K°tRK- YEA
VOTE:
CHANDLER — YEA
RITTER — YEA WATFORD — YEA
CLOSE PUBLIC HEARING AT PM
MOTION CARRIED.
Page 3 of 6
IX. NEW BUSINESS
A. Make two-year appointments for the Mayor and City Council Members to serve as the City Liaison to various
Boards/Committees — Mayor
1. Central Florida Regional Planning Council (two required, 2015 appointeesv�'Connor regular member itter
alternate member). SlqlSVt'
2. Treasure Coast Regional League of Cities two required, 2015 appointees: V�atfo regular member�onnor
alternate member). 30 Wgd of Mon+ 6.Y_ 9�M V
3. Treasure Coast Council of Local Governments (2015 appointee: WaXd). Z,YK( _
4. Okeechobee County Healthy Start Coalition (2015 appointee: Ritter
5. Okeechobee County Tourist Development Council (two required, 2015 appointees:/handler ancrConnor).
6. Okeechobee Main Streef (2015 appointee: O'Connor) re—qo* Gout ? �
�I
7. Chamber of Commerce of Okeechobee County (2015 appointee: O'Connor)✓ re-Q#o�r OAark �
i
8. Economic Council (2015 appointee: C er). NarK
9. Okeechobee Historical Society (2015 appointee: Watford)
10. Battle of Okeechobee Re-enactment Committee (2015 appointee: Watford)
11. Shared Services of Okeechobee Executive Round Table (Mayor to serve).
12. Okeechobee County Juvenile Justice Council (Mayor to serve).
B. Consider a Temporary Street Closing Application submitted by Okeechobee County Centennial Committee to close the Block of
NW 2nd Street between NW 3rd Avenue and NW 41h Avenue on January 21, 2017 at 5:00 PM for the Okeechobee County
Centennial Kickoff Event — Shade Turggeon, Facilitator (Exhibit 2).
An
Motion by Council Member A to approve Temporary Street Closing Application submitted by Okeechobee County
Centennial Committee to close the Block of NW 2nd Street between NW 3rd Avenue and NW 4th A ene on January 21, 201 i at
5:00 PM for the Okeechobee County Centennial Kickoff Event; seconded by Council Member
No k(RVI M_
*KYEA
�
BITTER — YEA
VOTE:
CHANDLER — YEA
WATFORD — YEA
O'CONN
Page 4 of 6
C. Motion to ratify the appointment of Ms. Jeanna Lanier to the City General Employees -Pension Board as the Fifth Trustee, term
ending December 31, 2017 - City Clerk (Exhibit 3).
Motion and second by Council Member � and NXI to ratify the appointment of Ms. Jeanna Lanier to the
City General Employees' Pension Board as the Fifth Trustee, term ending December 31, 2017
No dguwn
KARK — YEA
RITTER — YEA
VOTE:
CHANDLER — YEA
WATFORD — YEA
MOTION CARRIED.
D. Motion to approve an Amendment to the Traffic Signal Maintenance and Compensation Agreement with the State of Florida
Department of Transportation - Public Works Director (Exhibit 4).
Council Member moved to approve an Amendment to the Traffic Signal tinriance and Compensation Agreement
with the State of Florida Department of Transportation; seconded by Council Member
b uid A IPApad s
rboT now afkil 3rd d IwH,
ice- YEA
RITTER — YEA
VOTE:
CHANDLER — YEA
WATFORD — YEA
MO
O'CONNOR �,AV�
ION ARRIED.
Page 5 of 6
Item Added to agenda: E. Add Il ":rT 3. •rr'
Mahan fo a{�iroYc C,k� dnd Ne
rL l.lslatu;rQ Ubhqis� W Kwk *m w J-ask YYuls-�Se(Jarale
Dw wak oY� nP,tu Prcz�duros a1� $U'V'S re�u�r�r�+-
&Y� rqm+ ftst as sqmkhdi, ass eu.,Aes
Nou►���st �eaku�q� wounts r�e�e�a��mt,l�; hn:�.
U
-XRK - YEA
RITTER - YEA
VOTE:
CHANDLER - YEA
WATFORD - YEA
X. ADJOURNMENT - Mayor
There being no further items on the agenda, Mayor
O'CONNOR-Xfl6sew
adjourned the meeting at ! PM
Page 6 of 6
City of Okeechobee, Janu=y 3, 2017 meeting Minutes taken during t►finmeeting by AA�_
I. CALL TO ORDER: Mayor Pro-Tempore Watford called the Regular City Council Meeting to order on January 3, 2017,
at b.CD P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida
34974.
II. OPENING CEREMONIES: The invocation was to be given by Reverend Jim Dawson of the First United Method
Church; the Pledge of Allegiance led by Mayor Pro-Tem Watford.
III. MAYOR, COUNCIL MEMBERS AND STAF
Council Member Monica Clark
Council Member Noel Chandler
Council Member Mike O'Connor
Council Member Gary Ritter
Council Member Dowling R. Watford, Jr.
City Attorney John R. Cook
City Administrator Marcos MontesDeOca
City Clerk Lane Gamiotea
Deputy City Clerk Bobbie Jenkins
Police Chief Bob Peterson
Fire Chief Herb Smith
F
ATTENDANCE - City Clerk
Present
Present
Absent 7 �,E. ►tit sir
Present
Present
Present
Present
Present
Present
Present
Present ( &: O i pm �'�► '� �
Public Works Director David Allen Present
IV. ELECTION OF MAYOR
A. Nominations for Mayor
Attorney Cook opened the floor to receive nominations for a City Council Member to serve as Mayor:
R _) �(�C4 q� ►J�� ��crnC"*AO
fiCrnUVOL(IL
B. Motion to appoint ou of the nominees to serve as Mterm ein any ry 3, 2017 through January 7, 2019.
Council Member moved to appoint L Me a Mayor for a two-year term,
January 3, 2017 through January 7, 2019; seconded by Council Member T
(- — YEA
RITTER — YEA
VOTE:
CHANDLER — YEA
WATFORD — YEA
MOTION CARRIED.
/10� mac: OL pefea& CCx , r
C-CN&L �. LA-L .���a"t
V. AGENDA — Mayor
A. Requests for the addition, deferral, or withdrawal of items on today's agenda.
Lane
{— defeer� approving the D` e�cem' beer, 13, 2016 minutes t�}o-�the next meeting.
Syr Q/K,4UA)-
Page 1 of 6
VI. PRESENTATIONS AND PROCLA�mATIONS — Mayor
A. Present Patty Burnette with a 5-year longevity service award.
On behalf of the City, Mayor WNt?i land Administrator MontesDeOca presented Mrs. Patty Burnette with an engraved
cross pen and a framed certificate which read, "in recognition of your 5-years of service, hard work, and
dedication to the City, its citizens, and your fellow employees from Nev. I. ,Mt to A)&V (: ci ."
Q Present Marty Thomas with a 5-year longevity service award.
On behalf of the City, Mayor ' end Clerk Gamitoea presented Mrs. Marty Thomas with an engraved cross pen
and a framed certificate which read, `in recognition of your 5-years of service, hard work, and dedication to the
City, its citizens, and your fellow employees from t 11 to i 1,6."
A' Q Present Jeff Treece with a 5-year longevity service award.
On behalf of the City, Mayor Wand Director Allen presented Mr. Jeff Treece with an engraved cross pen and a
framed certificate which read, `In recognition of your 5-years of service, hard work, and dedication to the City, its
citizens, and your fellow employees from (G 2011 to /0- 3 26 ."
(� Present Steve Weeks with a 10-year longevity service award.
On behalf of the City, Mayor �J� I and Chief Smith presented Mr. Weeks with an embossed portfolio and a framed
certificate which read, "In recognition of your 10-years of service, hard work, and dedication to the City, its
citizens, and
your
(fellow employees from /Qry �, 11
+200(c, to 14,vS,,94 , 2016."
�-tp, ` 0 j�, - i lJ,�� (ti Ad
4VK.�7
E. (G) Swearing in of Police Chief Bob Peterson.
F. (J) Promotion of Lt. Donald Hagan to Police Major.
G. (H & 1) Swearing in of Police Officer Brandon Griesemer and Police Officer Luis Rojas.
# () Present Bob Peterson with a 20-year longevity service award.
On behalf of the City, Mayor sctl ti.wY presented to Chief Peterson with a check in the amount of $250.00 and a framed
certificate which read, "in recognition of your 20-years of service, hard work, and dedication to the City, its
citizens, and your fellow employees from Decembers 1 , 1996 to December Z7, 2016."
�(B)jPresent Pam Wilkerson with a 5- e r longevity service award.
On behalf of the City, Mayor � Band Chief Peterson presented Mrs. Pam Wilkerson with an engraved cross pen
and a framed certificate which read, `In recognition of your 5-years of service, hard work, and dedication to the
City, its citizens, and your fellow employees from /0 r rJ .. / I to /C- f f7 /(� ."
Page 2 of 6
VII. MINUTES — City Clerk
A. Council Member k Ct moved to dispense with the reading and approve the Summary of Council Action for
the m tings of November 15, 2016, November 22, 2016, and December 12, 2016,; second by Council Member
VOTE:
(CC YEA CHANDLER O'CONNOR Y@*
RITTER — YEA WATFORD — YEA MOTION CARRIED.
VIII.OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayor nt at PM
A.1.a) Motion and second by Council Members , and to to read proposed Ordinance No. 1148 by
title only regarding Abandonment of Right -of- ay, Petition No. 16-003-AC - City Attorney (Exhibit 1).
b) Vote on motion to read by title only.
VOTE:
- Kwk-4m t �' �((,� CHANDLER — YEA O'CONNOR — ;9- 4t.
RITTER — YEA WATFORD — YEA MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 1148 by title only: "AN ORDINANCE OF THE CITY OF OKEECHOBEE,
FLORIDA, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK
44, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS
OF OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE
PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA;
PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE."
2.a) Motion and second by Council Members_ and It-' to adopt proposed Ordinance No. 1148.
b) Public comments and discussion.
cj�c c of 4,
c) Vote on motion.
VOTE:
YEA CHANDLER — YEA O'CONNOR —*ZA .—;iAL- --
RITTER — YEA WATFORD — YEA �TION CARRIED
CLOSE PUBLIC HEARING AT C . f (`I PM
Page 3 of 6
IX. NEW BUSINESS
A. Make two-year appointments for the Mayor and City Council Members to serve as the City Liaison to various
Boards/Committees - Mayor W p4��`�rc-cy
1. Central Florida Regional Planning Council (two required, 2015 appointees: O'Connor regular member, Ritter
alternate member). MC, 4 C-1(Z < -i "A-Q ``Gtlr L ,
Treasure Coast Regional League of Cities (two required, 2015 %p.ointees: Watford regular member, O'Connor
alternate member). L-,M�`� U,:O.s�*s -i-Q 0CrU kb o bo&td• (YuLt 3rC1 v'%eA ath
0no,
Treasure Coast Council of Local Governments (2015 appointee: Watford). b6C14byd COfi (( `((1 oochn Cct
4. Okeechobee County Healthy Start Coalition (2015 appointee: Ritter} Ot k-M S161Y,
5. Okeechobee County Tourist Development Council (two required, 2015 appointees: Chandler and O'Connor).
14
6. Okeechobee Main Stree-t2015 appointee: O'Connor). Mr. s1(UA_
7. Chamber of Comme ce of Okeechobee County (2015 appyin ee: O'Connor. .tom 1 0cz)nati'
f Navy ' (��, — j�,; tA� i�� -to ")-otu- it; " �w-t t..l 4�' C"
8. Economic Council (2015 appointee: Qara4o. O;C ij' -fo . j uv'
9. Okeechobee Historical Society (2015 appointee: Watford). <_1If U '
10. Battle of Okeechobee Re-enactment Committee (2015 appointee: Watford). S%.tt
11. Shared Services of Okeechobee Executive Round Table (Mayor to serve).
12. Okeechobee County Juvenile Justice Council (Mayor to serve). ` V ctuk
B. Consider a Temporary Street Closing Application submitted by Okeechobee County Centennial Committee to close the Block of
NW 2nd Street between NW 3rd Avenue and NW 4th Avenue on January 21, 2017 at 5:00 PM for the Okeechobee County
Centennial Kickoff Event — Shade Turgeon, Facilitator (Exhibit 2).
Motion by Council Member \( to approve Temporary Street Closing Application submitted by Okeechobee County
Centennial Committee to close the Block of NW 2nd Street between NW 3m Avenue and NW 4th Avenue on January 21, 2017 at
5:00 PM for the Okeechobee County Centennial Kickoff Event; seconded by Council Member h.(
VOTE:
cWd� K'- YEA CHANDLER - YEA O'C0NN0R - YQ
RITTER - YEA WATFORD - YEA CUOTION CARRIED--.--)
Page 4 of 6
C. Motion to ratify the appointment of Notm, Jeanna Lanier to the City General Employees --Tension Board as the Fifth Trustee, term
ending December 31, 2017 — City Clerk (Exhibit 3).
Motion and second by Council Member 'rT and to ratify the appointment of Ms. Jeanna Lanier to the
City General Employees' Pension Board as the Fifth Trustee, term ending December 31, 2017
VOTE:
` _K W — YEA CHANDLER — YEA O'CONNOR — V1 J IT-11 f
RITTER — YEA WATFORD — YEA <�IOTION ARRIED.
D. Motion to approve an Amendment to the Traffic Signal Maintenance and Compensation Agreement with the State of Florida
Department of Transportation — Public Works Director (Exhibit 4).
Council Member moved to approve an Amendment to the Traffic Signal Maintenance and Compensation Agreement
with the State of Florida Department of Transportation; seconded by Council Member (�
VOTE:
' { I41RK — YEA CHANDLER — YEA O'C0NN0R —VEA (A 05e►
RITTER — YEA WATFORD — YEA MOTION CARRIED.
Page 5 of 6
40
Item Added to agenda: E. l TU MIS COVAOd-
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X. ADJOURNMENT- Mayor , —
There being no further items on the agenda, Mayor adjourned the meeting at PM
Page 6 of 6
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ORDINANCE NO. 1148 -cl r 3 ,,01 7
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, VACATING AND
ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN
BLOCK 44, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT
BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY,
FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE
IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND
FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City received Abandonment of Right -of -Way Petition No. 16-003-AC from the
property owner, Okeechobee Asphalt & Ready Mixed Concrete, Inc., for the closing of a
certain alleyway as described in this ordinance; and
WHEREAS, the Technical Review Committee for the City of Okeechobee reviewed and discussed
Petition No. 16-003-AC at a duly advertised public meeting held on October 20, 2016, and
recommends approval with conditions; and
WHEREAS, Petition No. 16-003-AC was reviewed and discussed by the Planning Board for the
City of Okeechobee at a duly advertised Public Hearing held on November 17, 2016,
determining such Petition to be consistent with the Comprehensive Plan, and
recommending approval; and
WHEREAS, the City Council reviewed Petition No. 16-003-AC and finds it to be consistent with
the Comprehensive Plan, is not the sole access to any property, is in the best interest of
the citizens, provides a benefit to the City of Okeechobee, and would not jeopardize the
location of any utility; and
WHEREAS, the granting of the Petition will serve a legitimate public interest and is a proper
exercise of the municipal authority of the City of Okeechobee as a discretionary function.
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City
Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the
City:
SECTION 1: The alleyway described hereafter is hereby closed, vacated, and abandoned by the
City of Okeechobee, Florida to -wit:
THE 20-FOOT WIDE ALLEYWAY RUNNING EAST TO WEST LOCATED
BETWEEN LOTS 1 THROUGH 6 AND 7 THROUGH 12 OF BLOCK 44, CITY OF
OKEECHOBEE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS FOR
OKEECHOBEE COUNTY, FLORIDA.
SECTION 2: The City Clerk shall cause a certified copy of the ordinance to be recorded in the
public records of Okeechobee County, Florida.
SECTION 3: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4: Severability. If any provision or portion of this ordinance is declared by any court of
competent jurisdiction to be void, unconstitutional, or unenforceable, then all
remaining provisions and portions of this ordinance shall remain in full force and
effect.
Ordinance No. 1148 - Page 1 of 2
k
SECTION 5: Effective Date. This ordinance shall be set for Final Public Hearing the 3 d day of
January, 2017, and shall take effect immediately upon its adoption.
INTRODUCED for First Reading and set for Final Public Hearing on this 13`h day of December,
2016.
ATTEST:
Lane Gamiotea, CMC, City Clerk
James E. Kirk, Mayor
PASSED AND ADOPTED after Second and Final Public Hearing this 33`d day of January, 2017.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Ordinance No. 1148 - Page 2 of 2
CITY OF OKEECHOBEE
General Services Department
55 Southeast 3rd Street
PAGE 1 Okeechobee, Florida 34974
863-763-3372 X 218
Fax. 863-763-1686
ABANDONMENT OF RIGHT-OF-WAY PETITION
PETITION NO.'6-06&K-
Application fee (non-refundable)
Date Fee Paid: (p-1(p
Receipt No:
$600.00
Note: (Resolution No. 98-11) Schedule of Land
TRC Meeting: JO CitQ_ <<r
Publication Date:
Letters Mailed: NA
Development Regulation Fees and Charges
When the cost for advertising publishing and
mailing notices of public hearings exceeds Oe
Pg/gOA Meeting: i ��
�- ��-!CF'
Publication Dates:
Letters Mailed:
City Council 15, Reading: �ar 13- fp
CMR Letter E-mailed:
established fee, or when a professional h if d
consultant is hired to advise the city on Niel '
application, the applicant shall pay the acriial
costs.
City Council Public Hearing: publication Date:
iZZ_t
Right-of-way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway,
boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain
designated individuals, or governing bodies. [F.S. Ch. 177 § 177.031(16)]. Easements for roads and
related purposes shall be considered as right-of-way.
Legal Description of the Right -of -Way to be Abandoned:
See attached page for legal description.
Note: Upon abandonment of a right-of-way in the City of Okeechobee or First Addition of City of
Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For
more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974,
863-763-3154.
Purpose of the Right -of -Way Abandonment:
The Right -of -Way is currently not being used and should not needed into the future as a Right -of -Way.
Okeechobee Asphalt & Ready Mixed Concrete, Inc.
Abandonment Legal Description
THE 20.0 FEET WIDE ALLEY IN BLOCK 44 LYING BETWEEN NW 9T" AVENUE AND NW 8T" AVENUE,
CITY OF OKEECHOBEE, ACCORDING TO THE PI,AT "THEREOF AS RECORDED IN PLAT BOOK 5, PAGE
5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
PAGE 2
PETITION NO.
Name of property owner(s): Okeechobee Asphalt & Ready Mixed Concrete
Owner(s) mailing address: P.O. Box 1994, Okeechobee, FL 34973
Owner(s) e-mail address, jpalmer@lynchpaving.com
Owner(s) daytime phone(s): (863) 763-7373 Fax:
Required Attachments
Copy of recorded deed of petitioner as well as any other property owner whose property
is contiguous to the right-of-way.
Letters of Consent or Objection. (if more than one property owner is involved and
they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL
INSTRUCTIONS
Location map of subject property and surrounding area within 100' (See Information
Request Form attached) and dimensions of right-of-way.
List of all property owners within 300' of subject property (See Information Request
Form attached)
v'Site Plan of property after abandonment. (No larger than 11x 17)
✓' Utility Companies Authorization Form. (See attached)
t" Supplementary supporting information: Copy of recorded Plat of the Subdivision where
right-of-way exists no larger than 11x17. (Can be obtained from the County Clerk's
Office, Court House)
PLEASE NOTE:
If there are other property owners that are contiguous to the subject right-of-
way, a notarized letter must be attached with the following information: date,
their name(s), what property they own, and whether they object to or consent
to the right-of-way abandonment. (See attached sample letter)
,% I Confirmation of Information Accuracy
I hereby certify that the information contained in and/or attached with this petition is correct.
The information included in this petition is for use by the City of Okeechobee in processing my
request. False or misleading information may be punishable by a fine of up to $500.00 and
imprisonment of up to 30 days and may result in the summary denial of this petition.
P. �Aob Gent t�— I J'
Signature Printed Name Date
PLEASE COMPLETE THE FOLLOWING
FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS
(Sec. 78-33, page CD78:4 in the LDR's)
It is the Petitioner's responsibility to convince the Technical Review Committee, Planning
Board/BOA and City Council that approval of the proposed vacation is justified. Specifically, the
Petitioner should provide in his/her application and presentation sufficient explanation and
documentation to convince the reviewing body to find that:
1. Proposed vacation is consistent with the Comprehensive Plan:
Yes, the vacation is consistent with the City's Comprehensive Plan_ The City's Comprehensive Plan defines a Right -
of Way as "Land in which the state, a county, of a municipality owns the fee simple title or has an easement dedicated
or required lor a transportation or u i use. race the al eys ave no Curren uses nor any
...2..Right-of-way to be vacated is not the sole access to any property,and the remaining
access is not an easement:
This request meets this standard.
3.Proposed vacation is in the public interest and provides a benefit to the City:
The existing alleys in block 44 are currently unused and have no immediate or future use. This is in the public
interest an a ene rt to t e ity to remove t e ex�stmg ig is o ay.I his will reduce the land the City is require
tu maintain and ittum the land to the tax olls.
4. Proposed vacation would not jeopardize the location of any
utility.
Since there are no utilities in the existing alleys in Block 44 there is no jeopardy
to any utilities.
The City Staff will, in the Staff Report, address the request and evaluate it and the Petitioner's
submission in light of the above criteria and offer a recommendation for approval or denial).
CITY OF OKEECHOBEE
RIGHT-OF-WAY ABANDONMENT PETITION
Utility Companies Authorization Form
INSTRUCTIONS: Deliver the petition and this forth to the following Utility Companies for their comments. It
must be si ued and dated with a contact number for each person,
Florida Power & Light f (-,-
063-467-3721 or -y-d
Donna Padgett
863-467-3708 i 1
Authorized Signature Typed Name & Title Phone No. Date
Century Link
863.452-3473
Tess Bentayou
Iess,ltentaya(-centu ulinlcom
Authorized Signature Typed Name & Title Phone No. Date
Comcast Cable
863-763-2824
107 NW 71h Avenue
Authorized Signature
Okeechobee Utility Authority
John Hayford
863-763-9460
100 SW 5th Avenue
Typed Name & Title Phone No.
Date
Authorized Slgnahtre Typed Name & Title Phone No, Date
*REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF
OKEECHOBEE SUBDIVISIONS
Hamrick Estate
Gil Culbretli, Co -Trustee
863-763-3154
Authorized Signature Typed Name & Title Plione No. Date
V,a
CenturyLink-
LETTER OF NO OBJECTION
June 9, 2016
Mr. Steven L. Dobbs, P. E.
SLD Engineering
1062 Jakes Way
Okeechobee, FL 34974
SUBJECT: PROPOSED VACATE OF THAT CERTAIN EASTIWEST ALLEY LYING
IN BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OKEECHOBEE,
FLORIDA.
Dear Mr. Dobbs:
Please be advised that Embarq Florida, Inc. DB/A CenturyLink ("CenturyLink") has no
objection to the proposed vacation and abandonment of that certain 20' wide alley bounded by
NW 8"i Avenue on the West and by NW 9 h Avenue on the East and being more particularly
described as follows:
THAT CERTAIN 20' WIDE EAST/WEST ALLEY LYING IN BLOCK 44, CITY OF
OKEECHOBEE, ACCORDING TO THE PLAT THEREFORE RECORDED IN PLAT BOOK
1, ON PAGE 10, IN THE PUBLIC RECORDS OF OKEECHOBEE, FLORIDA.
The subject alley is depicted on the attached sketch.
The adjacent lands have an address of 808 NW 9h Ave, Okeechobee, Florida, and an
Okeechobee County Tax Identification Number of 3-15-37-35-0010-00440-0060.
Should there be any questions or concerns, please contact me at 407-814-5318 or by email at
Victoria. bucker(u).centurvlink.com.
Sincerely,)
EMB-AR�Q FLORIDA, INC., D/B/A/ CENTURYLINK
Victoria S. Bucher, SR/W,K R "- AC, RIW-NAC
Network Real Estate l
C: K. Lutz, CenturyLink
33 North Main Street
Winter Garden, FL 34787
Tel: 407-814-5318
Vi ctoda. bucher@ce nturylink.cor
mwr.centurylink com
0-7
Uzi p
50,
t OF 1
CITY OF OKEECHOBEE
RIGHT-OF-WAY ABANDONMENT PETITION
Utility Companies Authorization Form
INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. it
must be signed and dated with a contact number for each i)erson.
Florida Power & Light
863-467-3721 or --
Donna Padgett
863-467-3706
Authorized Signature Typed Name & Title Phone No. Date
Century Link
863-452-3473
--
Tess Bentayou
Authorized Signature
Typed Name & Tale Phone No. Date
Comcast Cable
863-763-2824
107NW7u+Avenue
�-
f
Authorized signature Typed Name & Tine Phone No. Date
l
Okeechobee Utility Authority
John Hayford
1—
863-763-9460
100 SW 51b Avenue
-- —
d
e
I E rb C, r� "
Authorized Signature Typed Name & Title �u e t c `ttc .-
REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO � Or Do' � � N,14
nKRK('FrnRFF CltRnnncrnnrc
Hamrick Estate
Gil Culbreth, Co -Trustee
m -
863-763-3154
Authorized Signature Typed Name & Title Phone No. Date
CITY OF OKEECHOBEE
RIGHT-OF-WAY ABANDONMENT PETITION
Utility Companies Authorization Form
INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments,
must be signed and dated with a contact number for each person.
Florida Power & Light
863-467-3721 or
Donna Padgett
863-467-3708
Authorized Signature Typed Name & Title Phone No. Date
Century Link
863-452-3473
Tess Bentayou
tess.bentayoPcenturylink.com
Authorized Signature
Comcast Cable
863-763-2824
107 NW 71h Avenue
Authorized Signature
Typed Name & Title Phone No. Date
Typed Name & Title Phone No_ Date
Okeechobee Utility Authority
on me f ot4i,. —W 1:1vec
John Hayford
y\und Pid q4A Aftn ve. - Cji 1:i n� Okecchobe e.
863-763-9460
D l3 DiUS
100 SW 51h Avenue
-/-X,i - &
A prized Sign ure Typed Name & Title Phone No. Date
*REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF
OKEECHOBEE SUBDIVISIONS
Hamrick Estate
Gil Culbreth, Co -Trustee
863-763-3154
Authorized Signature Typed Name & Title Phone No. Date
w R+,I-
CITY OF OKEECHOBEE
RIGHT-OF-WAY ABANDONMENT PETITION
Utility Companies Authorization Form
INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It
must be signed and dated with a contact number for each person.
Florida Power & Light
863-467-3721 or
Donna Padgett
863-467-3708
Authorized Signature Typed Name & Title Phone No. Date
Authorized Signature Typed Name & Title Phone No. Date
Authorized Signature Typed Name & Title Phone No, Date
Authorized Signature Typed Name & Title Phone No. Date
*REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF
OKEECHORFF ctiRrnvisiniuc
HamrickaGstate,I^R�ssT`
g H.QlC /C %�tc,rT
Gil Culbreth, Co -Trustee
863-763-3154
2� f{- C. L°'- /,'-t1 V/, �� - 863- 7G3 31 fx' 9 /I--J 4
Authorized Signature Typed Name & Title Phone No. Date
<10 - T.e 1-r-,/--4-
FTER ABANDONMENT SITE PLAN-7
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Staff Report
Alley Abandonment
Prepared for: The City of Okeechobee
Applicant: Okeechobee Asphalt and Ready -Mixed
Concrete
Petition No.. 16-003-AC
Planning
& Management Services, Inc.
1375 Jackson Street, Suire 206
... Port Mv,—, Flo,uh
Serving Florida Local Governments Since 1988
Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete
__ __ _ Vacation of an unimproved east -west alley in Block 44
Request
The matter before the TRC is an application to vacate/abandon the 300-foot long, 20-foot
wide alley in Block 44 between NW 81h and 9t" Avenues, more particularly described in
the legal description of the property. The requested abandonment encompasses about
0.14 acres.
General Information
Okeechobee Asphalt & Ready Mixed Concrete
Owner P.O. Box 1994
Okeechobee, FL 34973
Site Address The east -west alley in Block 44 between NW 81'
and 91" Avenues
Owner E-mail Address jpalmer@lynchpaving.com
Contact Person Stephen L. Dobbs
Contact Phone Number 863-824-7644
Contact E-mail Address sdobbs@stevedobbsengineering.com
Legal Description of Subject Property
THE 20.0 FEET WIDE ALLEY IN BLOCK 44 LYING BETWEEN NW 9TH AVENUE AND NW 8TH
AVENUE, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
Characteristics of the Subject Property
Future Land Use
Map Classification
Zoning District
Use of Property
Acreage
LN_�
Srn'in�; 19��rida Inch Gurorn mi•m .v tiincr 197i,ti
Existing
Industrial
IND, Industrial
Vacant, unimproved alley
0.14 acres
Proposed
Industrial
IND, Industrial
Materials storage
0.14 acres
2
Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete
Vacation of an unimproved east -west alley in Block 44
Description of the Subject Site and Surrounding Area
The subject of the abandonment/vacation is the 20' by 300' vacant, unimproved alley in
Block 44.
The property owner, Okeechobee Asphalt & Ready Mixed Concrete, owns all the lands to
the north and south of the alley, all of which are vacant. The following aerial photograph
depicts the right-of-way proposed to be abandoned and the surrounding areas.
15C
pit
MI 100 INN
Consistency with Sec. 78-33, Vacation of Rights -of -Way
Sec. 78.33 states that applications to vacate a public right-of-way may be approved upon
a finding by the City Council that the following requirements have been met. The
Applicant's responses are provided in Times Roman typeface, and are repeated below
exactly as provided by the Applicant. Staff has made no attempt to correct typos,
grammar, or clarify the Applicant's comments. Staff Comments are in segoe Pant.
3
LN4--�'o, k serving rlurid., L"ual Gu --j •nln sine'. 19ss
Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete
Vacation of an unimproved east -west alley in Block 44
REQUIREMENT
STAFF COMMENTS
1. Proposed vacation is consistent with
the Comprehensive Plan.
TAere is nottiing in tAe City's CompreAensive
"Yes, the vacation is consistent with
Plan concerning abandonv�ent/vacation ofa//eys.
City's Comprehensive Plan defines a
T/?e properties to bo6i ttie north and soatti are
Right - of Way as "Land in which the
all owned by Okeectiobee Asptia/t and are
state, a county, of a municipality owns
designated /ndustrial on eAe Future Land Use
the fee simple title or has an easement
dedicated or required fora
Map and are also zoned /ndustria/some of wtiicA
transportation or utility use. (9J-
Aave been eAe subjects of recent apprava/s oFa
5.0033 F. A. C.). Since the alleys
Small Scale Amendment (SSA) and/or Rezoning
have no current uses nor any fore-
to /ndustria/. Ttie property to be abandoned wiz/
seeable uses, they would meet the
requirement of abandonment. This
be used For materials storage r�i elie same
east -west alley in Block 44 is totally
manner as eAe surrounding properties owned by
owned by the owner on both sides
OkeeeAobee Asptialt
and would have no impact on any
other property."
2. Right-of-way to be vacated is not the
sole access to any property, and the
remaining access is not an
T
GIe alley �s not tG�e so% means oFaccess to any
easement.
property.
"This request meets this standard."
3. Proposed vacation is in the public
interest and provides a benefit to the
City.
"The existing alleys in block 44 are
We agree witti tAe Appbant's assessment of Hie
currently unused and have no immedi-
ate or future use. This is in the public
public benefits associated with abandonment/
interest and a benefit to the City to
vacation of eAe subject alley
remove the existing Rights of Way.
This will reduce the land the City is
required to maintain and return the land
to the tax rolls"
4. Proposed vacation would not
We agree. Ttie Applicant Aas submitted Letters of
jeopardize the location of any utility.
No Objection From CenturyLink and signed
"Since there are no utilities in the exist-
Utility Company Auttiorrzaeions from FPL,
ing alleys in Block 44 there is no
jeopardy to any utilities."
Comcast, and OUA.
4
'."mg Florida I��i:d Gu�vrn mints Since 1�)R4
Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete
Vacation of an unimproved east -west allev in Block 44
Based on the foregoing information and analysis, we believe, from a planning perspec-
tive, that the requested alley vacation/abandonment is consistent with the require-
ments of Sec. 78-33.
Submitted by:
I 'l
r
Wm. F. Brisson, AICP
Sr. Planner
LaRue Planning & Management
October 11, 2016
TRC Meeting: October 20, 2016
PB/BOA Meeting: November 17, 2016
City Council 1st Reading: December 6, 2016 (Tentative)
City Council 2nd Reading and Public Hearing: December 20, 2016 (Tentative)
I 5
Srrain� fl�t�ida Lural Gocenunrnl. �incr I�INN
MINUTES OF THE
TECHNICAL REVIEW COMMITTEE
THURSDAY, OCTOBER 20, 2016,10:00 A.M.
CITY OF OKEECHOBEE
55 Southeast 3rd Avenue
Okeechobee, Florida 34974
CALL TO ORDER - Chairperson.
The October 20, 2016, Technical Review Committee meeting was called to order at 10:01 a.m. by
Chairperson Montes De Oca,
STAFF ATTENDANCE - Secretary.
Voting Members:
City Administrator Marcos Montes De Oca - Present
Building Official Jeffrey Newell - Absent (with consent)
Fire Chief Herb Smith - Absent (Lieutenant Hodges in attendance)
Interim Police Chief Robert Peterson - Present
Public Works Director David Allen - Present
Non -Voting Ex-Officio Members:
City Attorney John R. Cook - Absent (with consent)
City Planning Consultant Bill Brisson - Present
City Civil Engineering Consultant - Attendance not requested
County Environmental Health Department Representative Doug McCoy - Absent
OUA Executive Director John Hayford - Absent
School District Representative - Absent
Committee Secretary Patty Burnette - Present
Ill. AGENDA - Chairperson.
Chairperson Montes De Oca asked whether there were any requests for the deferral or withdrawal of
items on today's agenda. There being none the Agenda stands as published.
IV. MINUTES - Secretary.
Chief Peterson moved to dispense with the reading and approve the Minutes for the regular meeting
held September 15, 2016, seconded by Public Works Director Allen. Motion carried unanimously.
V. NEW BUSINESS - Chairperson.
A. Abandonment of Right -of -Way Petition No. 16-003-AC, to abandon the 20-foot wide East/West
alleyway between Lots 1 to 6 and 7 to 12 of Block 44, CITY OF OKEECHOBEE, Plat Book 5, Page
5, Public Records of Okeechobee County, located in the 800 block of Northwest 91h Street - Senior
Planner.
Planning Staff Report: Planner Brisson explained the property owner, Okeechobee Asphalt &
Ready Mixed Concrete, Inc., owns all the vacant property to the north, Lots 1 to 6, and south, Lots
7 to 12, of the unimproved 20 foot by 300 foot alleyway that they are petitioning to vacate.
Planning Staffs responses to the required findings are the property is designated Industrial on the
Future Land Use Map and the Zoning Map. The property to be abandoned will be used for material
storage in the same manner as the surrounding properties are currently being used. The alleyway
TRC - October 20, 2016 - Page 1 of 3
V. NEW BUSINESS CONTINUED.
A. Abandonment of Right -of -Way Application No. 16-003-AC continued.
is not the sole access to any property as all properties have vehicular access from either Northwest
9th Avenue, Northwest 911 Street, or Northwest 81h Avenue. The public benefits associated with the
abandonment are, the existing alleyway is currently unused and has no immediate or future use. It
will be a benefit to the City to remove the existing right-of-way which will reduce the land the City is
required to maintain and the property will be subject to ad valorem taxation. No location of any
utility would be jeopardized by the proposed vacation. Planning Staff is recommending approval
based on those findings.
Project Engineer, Mr. Steve Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee,
Florida, was present on behalf of the property owner.
County Environmental Health Department: No issues were received.
QUA: Chairperson Montes De Oca announced Director Hayford relayed to him that Okeechobee
Utility Authority had no utilities in the right-of-way.
Public Works: Director Allen inquired as to whether the portion of Northwest 81h Avenue running
from Northwest 9th Street South towards the railroad right-of-way would also be closed. Mr. Dobbs
responded no, only the alley was being petitioned for. Administrator Montes De Oca noted for the
record the right-of-way portion of Northwest 8th Avenue needs to remain open at all times, all
equipment and debris needs to be removed.
Police Department: No issues were received.
Building Official: No issues were received.
Fire Department: No issues were received,
Chairperson Montes De Oca asked whether there were any comments or questions from those in
attendance. There were none. He then asked TRC Members to disclose for the record whether
they had spoken to anyone regarding the application or visited the site. There were none.
Motion and second offered by Public Works Director Allen and Interim Police Chief Peterson
to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition
No. 16-003-AC, to abandon the 20-foot wide East/West alleyway between Lots 1 to 6 and 7 to
12 of Block 44, CITY OF OKEECHOBEE, Plat Book 5, Page 5 Public Records of Okeechobee
County, located in the 800 block of Northwest 9ffi Street with the following condition: the
portion of Northwest 81h Avenue running north to south along Block 44 needs to remain free
of equipment and debris at all times.
Motion carried unanimously.
The Petition is scheduled to be reviewed by the Planning Board on November 17, 2016.
TRC - October 20, 2016 - Page 2 of 3
VI. ADJOURNMENT- Chairperson.
There being no further items on the agenda, Chairperson Montes De Oca adjourned the Technical
Review Committee meeting at 10:07 a.m.
PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee witn respect tc any matter
considered at :his proceeding, such interested person will need a record of the proceedings, and for such purpose 'nay need to ensure a ve,batim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. General Service's media are for the sole purpose cf backup for official records of the
Department.
ATTEST:
Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary
TRC - October 20, 2016 - Page 3 of 3
V. OPEN PUBLIC HEARING- Chairperson.
A. Petition No. 16.003-AC, Abandonment of Right -of -Way to vacate the
20-fcot wde alleyway running East to West between Lots 1 to 6 and 7 to
12 of Block 44, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public
Records of Okeechobee County, (Exhibit 1),
1. Review TRC Recommendation -approval with special conditions.
2. Hear from the Property Owner or designeelagent - Robert Gent,
Registered Agent for Okeechobee Asphalt & ,Ready Mixed Concrete,
IncJSteven Dobbs.
3. Public comments or questions from those in attendance, or submitted to
the Board Secretary.
4. Disclosure of Ex-Parte Communications by the Board.
5. a) Consideration of a motion to approve or deny the peii6on wlnhvithout
special conditions.
17, 2016 - PLANNING BOARD - PAGE 2 OF
CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:03 P.M.
Abandonment of Right-ol-Way Petition No. 16-003-AC, to vacate the 20-foot wide alleyway running East to West
between Lots 1 to 6 and 7 to 12 of Block 44, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of
Okeechobee County.
Chairperson Hoover yielded the Moor to Planner Bnsson, who explained the property owner, Okeechobee Asphalt and
Ready Mixed Concrete, Inc., owns Lots 1 to 6 and 7 to 12 which are vacant and located North and South of the
unimproved 20-foot by 300-foot alleyway that they are petitioning to vacate.
The Petition was reviewed at the October 20, 2016, Technical Review Committee Meeting and a recommendation for
approval to the Planning Board was made with the following special condition: The portion of Northwest 8" Avenue
running North to South along Block 44 needs to remain free of equipment and debris at all times.
Planning Staff is recommending approval based on the following responses to the required findings. The properties to
both the North and the South are owned by Okeechobee Asphalt and Ready Mixed Concrete, Inc. and are designated
Industrial on the Future Land Use Map and are also zoned Industrial. The proper , to be abandoned will be used for
materials storage in the same manner as the surrounding properties have been used by Okeechobee Asphalt. The
alleyway is not the sole access to any property, as all properties have vehicular access from either Northwest 91'
Avenue, Northwest P Street, or Northwest Bm Avenue. The public benefits associated with the abandonment are, the
existing alleyway is currently unused and has no immediate or future use. It will be a benefit to the City to remove the
existing Right-cf-Way which wit reduce the land the City is required to maintain and the property will be subject to ad
valorem taxation. No location of any utility would be jeopardized by the proposed vacation.
Mr. Steven Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Flonda, was present on behalf of the
applicant and available for questions from the Board. There were none.
j Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were
none.
Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else
regarding the application or visited the site. There were none slated.
Motion and a second offered by Members Brass and McCreary to recommend approval to the City Council for
Abandonment of Right -of -Way petition No. 16-003-AC, to vacate the 20-foot wide alleyway running East to West
between Lots 1 to 6 and 7 to 12 of Block 44, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of
Okeechobee County.
NOVEMBER 17, 2016—PLANNING BOARD- PAGE 3 OF
71
AGENDA• ` ACTION • DISCUS510N VOTE
_ „.
V. PUBLIC HEARING CONTINUED,
A. S. 6) Board discussion for Petition No. 16-003-AC continued. Chairperson Hoover asked whether there was any further discussion There was none.
c) Vote on motion. I VOTE
HOOVER - YEA MCCOY - YEA BATTON — YEA BAUGHMAN-YEA BRASS - YEA
JONASSAINT—YEA MCCREARY—YEA KEEFE—ABSENT O'BRIEN — NIA MOTION CARRIED,
The recommendation will be forwarded to the City Council for consideration at a Public Heating, tentatively January
3, 2017, 6pm.
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Okeech
107 SW 17th
ANDEPENDENT Okeechobee, 61
NEWSMEDIA INC. USA 863-763-
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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 a4-4 j R "),
in the matter of i° tt! Q`�n�c�_�
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
6I__�t I1cf,
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 further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisem t for publication in the said newspaper.
Katrina Elsken
Sworn to and subscribed befoW me this
'�— day of riLu��-�'/�) oZO* AD
Notary Public,tState of Florida at Large
BRIDGES
RmyANGIE
COMMISSION FF 976149
ORES:Apr1120,2020
Notary Pubttc Urldefwlitafa
News
et, Suite D
`' I
a 34974
r'�
pgy
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
NOTICE IS HEREBY GIVEN that the City Council of the City of Okeed
bee, will conduct a Public Hearing on Toes, Ian. 3, 2017, at 6 PM, or
soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL,
VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DE-
SCRIBED HEREIN, WITHIN BLOCK 44, CITY OF OKEECHOBEE SUB-
DIVISION' AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC,
RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING'
THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC
RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR
OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
All members of the public are encouraged to attend and participate in said
Hearing. The proposed ordinance may be inspected in its entirety by mem-
bers o the public at the Office of the City Clerk during normal business
hours, Mon -Fri, 8:00 AM-4:30 PM, except for holidays.
ANY PERSON DECIDING TO APPEAL any decision made by the City
Council with respect to any matter considered at this meeting will need to
ensure a verbatim record of the proceeding is made and the record includes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabilities Act (ADA), any person with a
disability as defined by the ADA, that needs special accomrtwdation to par-
ticipate in this proceeding, contact the City Qerk's Office no later than two
business days prior to proceeding, 863-763-3372.
BE ADVISED that should you intend to show any document, picture, video
or items to the Council in support or opposition to any item on the agenda,
a mpg of the document, picture, -video, or item MUST be provided to the
City Cttlyyerk for the City's records.
478742 OINr12121� 016 iotea, CMC
w
_ti
Exhibit 2
Jan 3. 2017
Page 1 of 3
CITY OF OKEECHOBEE
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
Tele: 863-763-3372 ext. 218 Fax: 863-763-1686
PARK USE AND/OR TEMPORARY STREET/
SIDEWALK CLOSING
PERMIT APPLICATION
Date Received:
5/17/16
Date Issued:
LApplicatioi
vent:
I January 21, 2017
Information:
Organization: I Okeechobee County Centennial Committee I Tax Exem t NO: B5-8014751307C-3
Mailing Address:
Okeechobee County TDC - 2800 NW 20th Trl. Okeechobee, FL. 34972
Contact Person:
ShadeTurgeon- Facilitator
E-Mail Address:
sturgeon@co.okeechobee.0.us
i eie none•
Work: 1 863-763-3959 Home: Cell:
Summary of activities:
The County Centennial Committee will be holding their first event to celebrate the County Centennial. This event will be similar to the Frolic event that closed the City Centennial
Proceeds
This will be an event open and free to the public.
Please check requested Parks: t4 In,
Flagler Parks: ❑ City Hall Park ❑ #1 Memorial Park ❑ #2 ❑ #3 ❑ #4 ❑ #5 o #6
OR
Address of event:l Block of NW 2nd St between NW 3rd Ave and NW 41h Ave
Parcel ID:
4
1` J
TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION
(If not using Park(s), provide event address)
Block of NW 2nd St between NW 3rd Ave and NW 41h Ave Okeechobee
Street Address
City
Page 2 of 3
Fla. 34972
State Zip Code
Street(s) to be closed:
Block of NW 2nd St between NW 3rd Ave and NW 4th Ave
Dates to be closed:
January 21. 2017
Time(s) to be closed:
5:00 PM
Purpose of Closing:
County Centennial Celebration event
Attachments Required:
Charitable Function
Temporary Street and Sidewalk Closing
► Site Plan
► Original signatures of all residents, property
owners and business owners affected by the closing.
► Copy of liability insurance in the amount of
► Copy of liability insurance in the amount of
$1,000,000.00 with the City of Okeechobee as
$1,000,000.00 with the City of Okeechobee as
additional insured.
additional insured.
►Proof of non-profit status
► If any items are being sold on City streets or
sidewalks, a Temporary Use Permit (TUP) must be
►Letter of Authorization from Property Owner
attached for each business. TUP can be obtained
from the General Services Department
► State Food Service License, if applicable.
► State Food Service License, if applicable.
► State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private
property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.)
Note:
► Clean-up is required within 24 hours.
► No alcoholic beverages permitted on City property, streets or sidewalks.
► No donations can be requested if any type of alcoholic beverages are served on private
property/business unless you possess a State Alcoholic Beverage License. Please note there are inside
consumption and outside consumption licenses. You must have the appropriate license(s).
► The Department of Public Works will be responsible for delivering the appropriate barricades.
► Dumpsters and port-o-lets are required when closing a street for more than three (3) hours.
Applicant must meet any insurance coverage and code compliance requirements of the City and other
regulations of other governmental regulatory agencies. The applicant will be responsible for costs
associated with the event, including damage of property. By receipt of this permit, the applicant agrees and
shall hold the City harmless for any accident, injury, claim or demand whatever arising out of applicant's
use of location for such event, and shall indemnify and defend the City for such incident, including
attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred
by the City pertaining to the event including, but not limited to, Police, Fire, Public Works or other
departmental expenses. The City reserves the right to require from an applicant a cash or cashier's check
advance deposit in the sum approximated by the City to be incurred in providing City services. Any such
sum not incurred shall be refunded to the applicant.
Page 3 of 3
I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03-
08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and
that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the
rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or
its officers, for the issuance of this Charitable Function Permit.
CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AS ADDITIONAL
INSURED.
swa'� % Ili 5/17116
Applicant Signature Date
••••OFFICE USE ONLY'•••
Staff Review
Fire Department:
Date:
Q, bGC..
Building Official:
C
Date:
Z•(o.I
Public Works:
_,
Date
) 2r
Police Department:
, '
Date:
/2 �1,
BTR Department:
Date:
City Administrator:
Date:
City Clerk:
J� (� ;,�
Date:
NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND
RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO
EVENT FOR PERMITTING.
Temporary Street and Sidewalk Closing submitted for review by City Council on 1115117
Date
Temporary Street and Sidewalk Closing reviewed by City Council and approved
Date
x I
i
�
J
�
ry
4 ~ V
fir'•
M f
MEMORANDUM
TO: Mayor Kirk and Council DATE: Dec 15, 2016
FROM: City Clerk Gamiotea j - SUBJECT: Pension Trustee Appointment
The City General Pension Board received and considered two applications for the Fifth Trustee Board
Member position. At the November 7, 2016, Pension Meeting, the four Trustees voted to appoint Ms.
Jeanna Lanier.
As required by the pension ordinance, a motion would be in order for the City Council to ratify Ms.
Lanier's appointment, term ending December 31, 2017. This replaces Mr. Jose Santiago.
Thank you
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Exhibit
AMENDMENT TO THE TRAFFIC SIGNAL MAINTENANCE Jan 3, 2017
AND COMPENSATION AGREEMENT
CONTRACT NO.
FINANCIAL PROJECT NO.
F.E.I.D. NO.
AMENDMENT NO.
ARW85
41364318801
F596000393001
THIS AMENDMENT TO THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
("Amendment") is made and entered into on this day of by and between the STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION ("Department'), an agency of the State of Florida, and City of Okeechobee,
("Maintaining Agency").
RECITALS
WHEREAS, the Department and the Maintaining Agency on June 11th 2015 entered into a Traffic Signal
Maintenance and Compensation Agreement ("Agreement').
WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as
follows:
All the terms and conditions of the Agreement are superseded and replaced in their entirety by the terms and conditions
contained in Attachment 1", Revised Terms and Conditions for the Traffic Signal Maintenance and Compensation
Agreement, attached to and incorporated into this Amendment.
IN WITNESS WHEREOF, the undersigned parties have executed this Amendment on the day, month and year set forth
above.
By
Print/Type Name:
Title:
Attorney:
(Maintaining Agency)
(Authorized Signature)
Date:
Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By
(Authorized Signature)
Print/Type Name:
Title:
Legal Review:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22
ATTACHMENT 1 TRAFFIC
OPERATIONS
REVISED TERMS AND CONDITIONS FOR THE 1 of6
Page 1 of 6
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
CONTRACT NO
FINANCIAL PROJECT NO
F.E.I.D. NO
ARW85
41364318801
F596000393001
The following terms and conditions replace and supersede all the existing terms and conditions contained within the Traffic Signal and
Maintenance Agreement:
A. The Department is authorized under Section 335.055, Florida Statutes, to enter into this Agreement.
The Maintaining Agency is authorized under to enter into this Agreement
and has authorized its undersigned representative to enter into and execute this Agreement on behalf of the Maintaining
Agency.
NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement, the sufficiency of which is
acknowledged, the parties mutually agree and covenant as follows:
The term "Traffic Signals and Devices" is defined as follows: all traffic signals, interconnected and monitored traffic signals
("IMTS") (defined as signals that are interconnected with telecommunications and are monitored at a central location), traffic
signal systems (defined as central computer, cameras, message signs, communications devices, interconnect / network, vehicle,
bicycle & pedestrian detection devices, traffic signal hardware and software, preemption devices, and uninterruptible power
supplies ("UPS")), control devices (defined as intersection control beacons, traffic warning beacons, illuminated street name
signs, pedestrian flashing beacons (i.e., school zone flashing beacons, pedestrian crossing beacons, and Rectangular Rapid
Flashing Beacons)), blank -out signs, travel time detectors, emergency/fire department signals, speed activated warning displays,
and other types of traffic signals and devices specifically identified within Exhibit A, which are located on the State Highway
System within the jurisdictional boundaries of the Maintaining Agency.
The Maintaining Agency shall be responsible for the maintenance and continuous operation of Traffic Signals and Devices
("Project"). The Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in
connection with operation of Traffic Signals and Devices upon completion of installation of each of the Traffic Signals and
Devices.
The Department agrees to pay the Maintaining Agency an annual compensation amount based on the Department's fiscal year.
The compensation amount consists of the cost of the maintenance and continuous operation of the Traffic Signals and Devices
as identified in Exhibit A, which is attached and incorporated into this Agreement. Compensation will also be made for costs
incurred for the repair and/or replacement of damaged Traffic Signals and Devices as identified in Exhibit C, attached and
incorporated into this Agreement. Payments by the Department will be made in accordance with Exhibit B. In the case of
construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred
in connection with the operation of the Traffic Signals and Devices, and shall undertake the maintenance and continuous
operation of these Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any final
acceptance of the installation by the Department, the Maintaining Agency will have the opportunity to inspect and request
modifications or corrections to the installation(s) and the Department agrees to undertake those modifications or corrections
prior to final acceptance so long as the modifications or corrections comply with the Agreement, signal plans, and specifications
previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the
installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for
Road and Bridge Construction.
3. If Traffic Signals and Devices are damaged and the Maintaining Agency did not cause the damages, then the Department shall
reimburse the Maintaining Agency for the actual costs incurred by the Maintaining Agency for repairs and/or replacement of
Traffic Signals and Devices, once the following occurs:
a. The Department has approved a properly completed invoice for reimbursement that was provided to the Department
outlining the details of the requested reimbursements; and
b. Evidence of the costs incurred were included as an attachment to the invoice.
Exhibit C sets forth additional conditions that apply when the Maintaining Agency seeks to obtain reimbursement for costs
incurred for repair and/or replacement of damaged Traffic Signals and Devices. Exhibit C also serves as a form invoice that can
be used by the Maintaining Agency. The Maintaining Agency shall obtain written approval from the Department regarding the
appropriate method of repair and/or replacement of damaged Traffic Signals and Devices prior to performing repair and/or
replacement work. If there is an immediate risk to public safety due to damaged Traffic Signals and Devices and the Maintaining
Agency is unable to immediately obtain the Department's written approval regarding the method of repair and/or replacement,
then the Maintaining Agency shall immediately repair and/or replace the Traffic Signals and Devices. The Maintaining Agency
shall notify the Department within thirty (30) calendar days of becoming aware of any damage to Traffic Signals and Devices
caused by third parties. The Department shall be responsible for pursuing reimbursement from individuals and/or the third parties
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22
ATTACHMENT 1 TRAFFIC
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REVISED TERMS AND CONDITIONS FOR THE 06/16
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 2 of 6
who cause damages and are liable for replacement and/or repair costs to Traffic Signals and Devices. If the Maintaining Agency
causes damages to the Traffic Signals and Devices, then the Maintaining Agency shall repair and/or replace the Traffic Signals
and Devices, and the Maintaining Agency shall be fully responsible for the cost of repair and/or replacement to the extent the
damages were caused by the Maintaining Agency.
4. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices in a manner that will ensure safe and efficient
movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal
Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended.
5. The Maintaining Agency's maintenance responsibilities include, but are not limited to, locates, preventive maintenance (periodic
inspection, service, and routine repairs), restoration of services, and emergency maintenance (troubleshooting in the event of
equipment malfunction, failure, or damage). Restoration of services may include temporary poles and/or signals, stop signs or
other methods to maintain traffic. The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance
log, as they occur, and include this as part of the annual report, highlighting the time it took to restore the normal service and
number of times such events occurred.
6. Neither the Maintaining Agency nor the Department shall be liable to the other for any failure to perform under this Agreement
to the extent such performance is prevented by a Force Majeure Event and provided that the party claiming the excuse from
performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or
mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible.
A "Force Majeure Event" means the occurrence of:
(a) an act of war, hostilities, invasion, act of foreign enemies, riot, terrorism or civil disorder;
(b) act of God (such as, but not limited to, fires, explosions, earthquakes, drought, hurricanes, storms,
lightning, tornados, tidal waves, floods, extreme weather or environmental conditions, and other natural
calamities);
(c) or another event beyond the control of the non -performing party and which could not have been avoided
or overcome by the exercise of due diligence.
The Department intends to conduct a structural inspection of the mast arm structures every sixty (60) months. The inspection
report will serve as ninety (90) days notification to the Maintaining Agency that deficiencies exist that require preventive
maintenance. Preventive maintenance of the mast arm structures includes, but is not limited to, spot painting, cleaning, all wiring
repair and replacement, graffiti removal, all signal related issues (including lighting, signs and connections), tightening of nuts,
replacing missing or deficient bolts, replacement of missing cap covers or equivalent, replacement of missing or deficient access
hole cover plates, repairing improper grounding, and repainting any painted mast arms installed after April 30, 2015. If the
preventive maintenance is not carried out after the expiration of the 90-day notice given to the Maintaining Agency, the
Department shall withhold 8.33% up to a maximum of 25% of the total annual compensation amount under this Agreement for
the affected signal locations each month.
Any and all work performed by the Maintaining Agency must conform to the current Department Standard Specifications for
Road and Bridge Construction as applicable. Mast arms that the Department determines to be at the end of their useful life cycle
will be replaced by the Department so long as documented preventive maintenance was satisfactorily performed by the
Maintaining Agency. In the case of a total paint failure, as determined by the Department, on a mast arm installed prior to April
30, 2015, the Department may repaint or replace with a galvanized mast arm. The aforementioned requirement does not apply
to any mast arm that was installed under a separate mast arm paint finish agreement, in such case, the terms of that agreement
shall govern.
9. The Maintaining Agency may remove any component of the installed equipment for repair or testing; however, it shall only make
permanent modifications or equipment replacements and only if the equipment provided is capable of performing at minimum
the same functions as the equipment being replaced. The Department shall not make any modifications or equipment
replacements without prior written notice to and consultation with the Maintaining Agency.
10. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with the
Department's timing and phasing plans, specifications, special provisions, Department re -timing projects, and the Department's
Traffic Engineering Manual. The Maintaining Agency shall obtain prior written approval from the Department for any modification
in phasing of signals and flash times (where applicable). Signal Systems timings (cycle length, split, offsets) are considered
operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The
Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified
Professional Engineer registered in the State of Florida. The Maintaining Agency shall make available a copy of the timings to
the Department upon request. The Department reserves the right to examine equipment, timing and phasing at any time and,
after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing or
phasing, implementation of such modifications will be coordinated with, or made by, the Maintaining Agency. All signal timing
and phasing records shall be retained by the Maintaining Agency for at least three (3) years, and will be made available to the
Department upon request.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22
ATTACHMENT 1 TRAFFIC
S
REVISED TERMS AND CONDITIONS FOR THE 06/16
Page 3 of 6
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
11. The Maintaining Agency shall note in the maintenance log any changes in timings and phasings, and keep a copy of the timings
and phasings, and any approval documentation in a file. A copy of the log shall be provided to the Department upon request.
Maintaining Agencies may provide this information electronically.
12. The Maintaining Agency and the Department shall update Exhibit A on an annual basis through an amendment of this
Agreement. The Maintaining Agency designates as its authorized representative(s), who is delegated the
authority to execute any and all amendments to Exhibit A of this Agreement on behalf of the Maintaining Agency. Exhibit A
contains a list of Traffic Signals and Devices that identifies their location and type. No changes or modifications may be made
to Exhibit A during the Department's fiscal year for compensation. Traffic Signals and Devices added by the Department during
its fiscal year must be maintained and operated by the Maintaining Agency upon the Department's final acceptance of installation
of the new Traffic Signals and Devices. The Maintaining Agency and the Department shall amend Exhibit A prior to the start of
each new fiscal year of the Department to reflect the addition or removal of Traffic Signals and Devices. The Maintaining Agency
will begin receiving compensation for new Traffic Signals and Devices that were added to Exhibit A by amendment of this
Agreement in the Department's fiscal year occurring after the Traffic Signals and Devices are installed and final acceptance of
such installation is given by the Department. In the event that no change has been made to the previous year's Exhibit A, a
certification from the Maintaining Agency shall be provided to the Department certifying that no change has been made to Exhibit
A in the Department's previous fiscal year. The annual compensation will be a lump sum payment (minus any retainage or
forfeiture) as set forth in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with
the provisions as set forth in Exhibit B, attached to and incorporated in this Agreement. Some of the Traffic Signals and Devices
may not be listed in Exhibit A because the cost of operating and maintaining such devices is relatively small. The Department
has factored in these costs and the compensation provided through this Agreement also covers the cost of operation and
maintenance for Traffic Signals and Devices that are not listed in Exhibit A.
13. Payment will be made in accordance with Section 215.422, Florida Statutes.
14. There shall be no reimbursement for travel expenses under this Agreement.
15. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and
post -audit thereof.
16. The Maintaining Agency should be aware of the following time frames. Inspection and approval of goods or services shall take
no longer than twenty (20) working days. The Department has twenty (20) days to deliver a request for payment (voucher) to
the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or
the goods or services are received, inspected and approved.
17. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section
55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Maintaining Agency. Interest
penalties of less than one (1) dollar will not be enforced unless the Maintaining Agency requests payment. Invoices returned to
a Maintaining Agency because of Maintaining Agency preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the Department.
18. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include
acting as an advocate for contractors or vendors who may be experiencing problems in obtaining timely payment(s) from a state
agency. The Vendor Ombudsman may be contacted at (850) 413-5516.
19. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the
Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon request. Records of costs incurred include the Maintaining
Agency's general accounting records and the Project records, together with supporting documents and records, of the contractor
and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
20. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any
agreement which it has with the Maintaining Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract
by the Department.
21. The Maintaining Agency must submit the final invoice on the Project to the Department within 120 days after termination of the
Agreement. Invoices submitted after the 120-day time period may not be paid.
22. In the event this contract is for services in excess of $25,000.00 and a term for a period of more than one (1) year, the provisions
of Section 339.135(6)(a), F.S., are hereby incorporated:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22
ATTACHMENT 1 TRAFFIC
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REVISED TERMS AND CONDITIONS FOR THE 06/16
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 4 of 6
"The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract
which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is
null and void, and no money may be paid on such contract. The Department shall require a statement from
the Comptroller of the Department that such funds are available prior to entering into any such contract or
other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for
periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to
be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have
a term for a period of more than 1 year."
23. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the
Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's
Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year.
Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received.
The Department will notify the Maintaining Agency, in writing, when funds are available.
24. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor
List may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property
to a public entity, may not be awarded or perform work as a contractor, supplier, contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity.
25. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted
vendor list.
26. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by
the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public
building or public work on a contract with the Maintaining Agency.
27. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the
Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for
unilateral cancellation of this Agreement.
28. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state
agency.
29. The Maintaining Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of
this Agreement and all federal, state, and local laws and regulations applicable to this Project.
30. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be
shared with the Maintaining Agency and will be the basis of all decisions regarding payment reduction, reworking, Agreement
termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations
specified in the Exhibit A, the Department has the option of (a) notifying the Maintaining Agency of the deficiency with a
requirement that it be corrected within a specified time, otherwise the Department shall deduct payment, suspend funds, or
terminate funds for any deficient maintenance of Traffic Signals and Devices that has not been corrected at the end of such
time, or (b) take whatever action is deemed appropriate by the Department. Any deduction in payment, suspension of funds, or
termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement.
31. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of its responsibilities under the
Agreement. The Maintaining Agency shall submit an annual Report prior to June 30 of each year detailing the following:
a. Critical Detection device malfunctions: Critical Detection devices include the detectors on side -streets and in left turn
lanes on the main streets, and all pedestrian/bicycle detectors. Repairs to the side -street and main street left turn
detectors shall be made within ninety (90) days and pedestrian detectors within seventy-two (72) hours of discovery.
The Maintaining Agency shall ensure that 90% of all Critical Detection devices system wide are operating at all times.
At any time the level drops below 90%, the Maintaining Agency shall notify the Department and correct the situation
within a time frame determined in the sole discretion of the Department. Discovery and correction dates for Critical
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22
ATTACHMENT 1 TRAFFIC
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REVISED TERMS AND CONDITIONS FOR THE 56
Page 5 off6
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
Detection device malfunction shall be logged into the annual report. If the repairs cannot be performed within stipulated
times, the agency shall document the reason(s) why in the annual report. When the 90% Critical Detection device
requirement is (are) not met, a 10% retainage of the total annual compensation amount (as shown in Exhibit B) for the
affected Critical Detection device location(s) each month will be withheld after the 90-day period.
Traffic signal preventive maintenance inspections: Traffic signals shall receive a comprehensive preventive
maintenance inspection on at least 50% of all traffic signals annually, alternating the remaining 50% the following year.
Preventive maintenance inspection shall include verification that all detection is working, the traffic signal is cycling
properly, the ventilation system is functioning and filters are clean. Basic traffic cabinet maintenance shall also verify
power feed voltages, verify that the vehicle and pedestrian indications are functioning properly, test the effective
functioning of pedestrian push buttons, and check hinges and door locks. At least one (1) conflict monitor test shall be
performed on 50% of traffic signals annually, alternating the remaining 50% the following year. Each test is to be
documented and included in the annual report to the Department. The inspection report shall note the location, date of
inspection, and any items noted. If 50% of the traffic signals do not receive at least one (1) comprehensive preventive
maintenance inspection during a twelve (12) month period, there shall be a 20% retainage of the annual compensation
amount for the affected traffic signal locations until the preventive maintenance inspection is made. If not performed
within the state's fiscal year, the 20% retainage of the annual compensation amount for the affected traffic signal
locations will be forfeited.
c. For any traffic signals that are interconnected with telecommunications and their real-time operation is electronically
monitored via software by personnel at a central location and are therefore receiving the higher compensation amount
as described in Exhibit B, the name(s) and title(s) of those monitoring those intersections, and the location of the central
monitoring facility(ies), are to be documented and contained in the annual report submitted to the Department.
32. The Maintaining Agency may enter into agreements with other parties pertaining to Traffic Signals and Devices including, but
not limited to, agreements relating to costs and expenses incurred in connection with the operation of Traffic Signals and Devices
on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this
Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department.
33. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without prior written consent
of the Department.
34. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of
Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by
the Maintaining Agency to grant such public access will be grounds for immediate unilateral cancellation of this Agreement.
35. At no additional cost to the Department, the Maintaining Agency shall provide the Department access to all traffic signal data
available from the firmware of the traffic signal controllers and other devices covered under this Agreement. The Maintaining
Agency shall include the Department as a party to all traffic signal firmware/software related agreements that the Maintaining
Agency enters into with other parties.
36. This Agreement is governed by and construed in accordance with the laws of the State of Florida. The invalidity or
unenforceability of any portion of this Agreement does not affect the remaining provisions and portions hereof. Any failure to
enforce or election on the part of the Department to not enforce any provision of this Agreement does not constitute a waiver of
any rights of the Department to enforce its remedies hereunder or at law or in equity.
37. In no event shall the making by the Department of any payment to the Maintaining Agency constitute or be construed as a waiver
by the Department of any breach of covenant or any default which may then exist on the part of the Maintaining Agency and the
making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any
right or remedy available to the Department with respect to such breach or default.
38. The term of this Agreement is twenty (20) years from the date of execution of the Agreement; provided that either party may
cancel this Agreement prior to the expiration of the term of this Agreement. A minimum notice period of two (2) years plus the
remaining months of the Department's fiscal year shall be provided to the other party in writing. Should the Maintaining Agency
provide its written notice of cancellation to the Department, the notice shall be endorsed by the elected body (County
Commission, City Council, or local agency governing body) under which the Agency operates.
39. Any Project funds made available by the Department which are determined by the Department to have been expended in
violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department.
Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Maintaining
Agency files shall not constitute a waiver of the Department's rights and Department has the right to verify all information at a
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22
ATTACHMENT 1 TRAFFIC
OPERATIONS
REVISED TERMS AND CONDITIONS FOR THE 6
6of
Page 6 of 6
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
later date by audit or investigation. Within thirty (30) days of the termination of this Agreement, the Maintaining Agency shall
refund to the Department any balance of unobligated funds which were advanced or paid to the Maintaining Agency. In the event
the Maintaining Agency fails to perform or honor the requirements and provisions this Agreement, the Maintaining Agency shall
return funds in accordance with this paragraph within thirty (30) days of termination of the Agreement.
40. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between
the parties, except any specific separate Agreements covering painted mast arm maintenance or any other aspect related to the
painting of mast arms.
41. The Department reserves the right to remove select critical corridors or critical intersections from the Maintaining Agency's
obligation under this Agreement. The remaining intersections and corridors would continue to be covered under this Agreement.
The Department will provide a minimum of one year notice prior to take-over of maintenance of critical corridors or critical
intersections.
42. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which
shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a
party will be legal and binding on such party.
43. The Department agrees that the Maintaining Agency must comply with State law regarding appropriations and budgets. This
Agreement shall not be interpreted to conflict with State law applicable to the Maintaining Agency.
44. The Maintaining Agency shall:
a. utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the Maintaining Agency during the term of the Agreement; and
b. expressly require any contractors and subcontractors performing work or providing services pursuant to the Agreement
to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all
new employees hired by the subcontractor during the Agreement term.
45. Unless authorized by law and agreed to in writing by the Department, the Department will not be liable to pay attorney fees,
interest, or cost of collection.
46. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply
with s.20.055(5), Florida Statutes.
47. Exhibits A, B, and C are attached and incorporated into this Agreement.
48. This Agreement contains all the terms and conditions agreed upon by the parties.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22
ATTACHMENT 1 TRAFFIC OPERATIONS
06/16
REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND ExhmtlAPege 1 °r 1
COMPENSATION AGREEMENT
Reimbursement for Maintenance and Operation
Exhibit
A
Compensation for Maintaining Traffic Signals and Devices for FY
Effective Date: from to
Intersection
Location
Traffic
Signals
(TS)
Traffic Signal -
Interconnected
& monitored
(IMTS)
Intersection
Control
Beacon
(ICB)
Pedestrian
Flashing
Beacon
(PER)
Emergency
Fire Dept.
Signal
(FDS)
Speed Activated
Warning Display
(SAWD) or Blank
Out Sign (BOS)
Traffic
Warning
Beacon (TWB)
Travel
Time
Detector
Uninterruptible
Power Supplies
(UPS)
Compensation
Amount (using
Unit Rates from
Exhibit B)
Total Lump Sum
Amount*
''Amount paid shall be the Dotal Lump Sum (minus any retainage or forfeiture).
I certify that the above Traffic Signals and Devices will be maintained and operated in accordance with the requirements of the Traffic Signal Maintenance and Compensation
Agreement. For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum (minus any
retainage or forfeiture) of $
Maintaining Agency Date District Traffic Operations Engineer Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22
TRAFFIC
ATTACHMENT 1 OPERATIONS
REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL osi
Exhibit B Page 1 off2 2
MAINTENANCE AND COMPENSATION AGREEMENT
EXHIBIT B
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
1.0 PURPOSE
This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services
described in this Agreement and in Exhibit A and method by which payments will be made.
2.0 COMPENSATION FOR MAINTENANCE AND OPERATION
For the satisfactory completion of all services related to maintenance and operation detailed in this Agreement
and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum (minus
any retainage or forfeiture) in Exhibit A. The Maintaining Agency will receive one lump sum payment (minus
any retainage or forfeiture) at the end of each fiscal year for satisfactory completion of service.
Beginning in the fiscal year 2016-17, for traffic signals that are not interconnected with telecommunications and
are not monitored at a central location, the compensation amount shall be $3,131. The compensation amount for
traffic signals that are interconnected with telecommunications and are monitored at a central location shall be
$4,500 per signal location. These differential compensation amounts shall be in effect beginning July 1, 2016, The
Table below shows the compensation amount for the various devices for fiscal years 2015-16 and 2016-17, and
beyond.
Total Lump Sum (minus any retainage or forfeiture) Amount for each fiscal year is calculated by adding all of the
individual intersection amounts.
Pedestrian Flashing Beacon: includes school zone beacons, pedestrian crossing beacons, and rectangular rapid flashing
beacons (RRFB). School zones, crosswalks and warning sign locations shall be paid at a unit rate regardless of the
number of individual beacons or poles.
Unit Comnensation Rates Der Intersection on the State Highway System
Speed
Activate
d
Traffic Signal
Warning
Traffic
Intersecti
Pedestria
Emergen
Display
Warni
Interconnect
on
n
cy Fire
(SAWD)
ng
Travel
Uninterrupti
Traffic
ed &
Control
Flashing
Dept.
or Blank
Beaco
Time
ble Power
Signal
monitored
Beacon
Beacon
Signal
Out Sign
n
Detect
Supplies
FY
s (TS)
(IMTS)
(ICB)
(PFB)
(FDS)
(BOS)
(TWB)
or
(UPS)
2014-
$
15*
2,951
$738
$295
$738
$148
$148
2015-16
31040
760
608
1,064
304
304
2016-17
31131
4,500
1 783
626
1,096
313
313
100
100
2017-18
Based on the Consumer Price Index (CPI), the 2016-17 compensation amounts will
be revised upwards.
2018-19
Based on the CPI, the 2017-18 compensation amounts will be revised upwards.
2019-20
j Based on the CPI, the 2018-19 compensation amounts will be revised upwards.
*Compensation pro-rata based on intersection approaches or legs on z�,iaie rllgnway aysrern.
Based on the Consumer Price Index (CPI), the Unit Rate for the following fiscal year will be adjusted accordingly, unless
otherwise specified in an amendment to this Agreement. However, if CPI is negative, there shall be no reduction from the
previous year's compensation.
3.0 COMPENSATION FOR REPAIR AND/OR REPLACEMENT OF DAMAGED TRAFFIC SIGNALS AND DEVICES
For the satisfactory completion of all services related to repair and/or replacement of damaged Traffic Signals and
Devices detailed in this Agreement, the Department will pay the Maintaining Agency a Lump Sum amount of the
actual costs incurred for the replacement and/or repair of the damaged Traffic Signals and Devices as set forth in
the invoice submitted to the Department. The invoice for the costs incurred for the replacement and/or repair of
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22
ATTACHMENT 1 TRAFFIC
OPERATIONS
REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL 06/16
MAINTENANCE AND COMPENSATION AGREEMENT Exhibit B Page 2 of 2
damaged Traffic Signals and Devices shall contain the information required in Exhibit C and any other additional
information requested by the Department to justify the costs incurred. The reimbursement amount is subject to
approval by the Department.
4.0 PAYMENT PROCESSING
For regular maintenance costs, the Maintaining Agency shall invoice the Department in a format acceptable to the
Department, on an annual basis for the reimbursement costs incurred by the Maintaining Agency for the previous
year prior to June 301h of each year. For example, the Maintaining Agency shall submit its invoice for the previous
year beginning July 1, 2015 through June 30, 2016 no later than June 30, 2016.
For costs incurred for repair and/or replacement of damaged Traffic Signals and Devices, applicable
reimbursements will be processed after the Department receives a properly completed and supported invoice
from the Maintaining Agency. The Maintaining Agency shall submit invoices for repair and/or replacement costs
due to damaged Traffic Signals and Devices at least on an annual basis but the Maintaining Agency may also
submit such invoices to the Department on a quarterly basis.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTACHMENT 1
REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL
MAINTENANCE AND COMPENSATION AGREEMENT
EXHIBIT C
Reimbursement for Replacement and/or Repair of
Damaged Traffic Signals and Devices
750-010-22
TRAFFIC
OPERATIONS
06/ 16
Exhibit C Page 1 of 1
The Department will reimburse the Maintaining Agency a Lump Sum amount for costs incurred for the replacement and/or
repair of Traffic Signals and Devices damaged as a result of third parties or as a result of other causes that were not
caused by the Maintaining Agency.
The Maintaining Agency is not required to provide a police report in situations where damage is caused to Traffic Signals
and Devices by a Force Majeure Event or as a result of other causes beyond the control of the Maintaining Agency that
do not necessarily prevent performance, which includes but is not limited to: storms, winds, lightning, flooding and other
natural and weather related causes. The Maintaining Agency must provide a police report in all situations where a traffic
accident, theft, or vandalism causes damage to Traffic Signals and Devices to the extent the Maintaining Agency has the
ability and opportunity to obtain a police report.
Applicable reimbursements will be processed after the Department receives a properly completed and supported invoice
from the Maintaining Agency. The following information shall be provided by the Maintaining Agency to be eligible for the
reimbursement payment:
Date and Time of Accident/incident:
Location of Accident/Incident:
Provide Police Report (if applicable) and the Following Information:
1. Attach pictures of damaged traffic signals and devices.
2. Attach invoices or receipt of equipment purchased to replace damaged components.
1 Attach detailed documentation of labor costs associated with replacing and/or repairing damaged components, including
dates of performance and completion of the work.
Contract No.:
Project No.:
Total Lump Sum Reimbursement Amount
$
The Maintaining Agency hereby certifies that it has replaced and repaired all the Traffic Signals and Devices at the
location or signalized intersection referenced above. Henceforth, this document is the Maintaining Agency's request for
reimbursement to the Department for the services of restoring the Traffic Signals and Devices to their original operating
condition.
The Parties agree to the Total Lump Sum Reimbursement Amount set forth above.
Maintaining Agency Date
District Traffic Operations Engineer Date
Robin Brock LX
From: David Allen
Sent: Wednesday, November 30, 2016 4:42 PM
To: Robin Brock
Subject: FW: FDOT Traffic Signal Agreement Ammendment
Attachments: ARW85-City of Okeechobee.pdf
Ro`1 r
David
From: David Allen
Sent: Friday, November 18, 2016 2:40 PM
To: Marcos Montes De Oca
Cc: Robin Brock
Subject: FDOT Traffic Signal Agreement Ammendment
Marcos,
I have attached an amendment from FDOT to the signal maintenance agreement which makes several significant
changes that will benefit the City. The specific improvements include:
• A new clause that allows the maintaining agency to bill FDOT for repairs to signal components damaged by 3`d
parties or other causes. This is a great benefit for the City as we could now bill both time and materials for
repairs due to storm damage such as all the lightning damage at the main intersection. Here are the details:
The Department will reimburse the Maintaining Agency a Lump Sum amount for costs incurred for the
replacement and/or repair of Traffic Signals and Devices damaged as a result of third parties or as a
result of other causes that were not caused by the Maintaining Agency.
The Maintaining Agency is not required to provide a police report in situations where damage is caused
to Traffic Signals
and Devices by a Force Majeure Event or as a result of other causes beyond the control of the
Maintaining Agency that
do not necessarily prevent performance, which includes but is not limited to: storms, winds, lightning,
flooding and other natural and weather related causes. The Maintaining Agency must provide a police
report in all situations where a traffic accident, theft, or vandalism causes damage to Traffic Signals and
Devices to the extent the Maintaining Agency has the ability and opportunity to obtain a police report.
Applicable reimbursements will be processed after the Department receives a properly completed and
supported invoice from the Maintaining Agency.
• FDOT will now take responsibility for pursuing 3'd party damage from Maintaining Agency to FDOT.
• Changed responsibility for periodic mast arm maintenance from Maintaining Agency to FDOT.
• Increased time to repair critical detectors to 90 days (previous agreement was 60 days).
• Decreased inspections to 50% of signals every year (previous agreement was 100% per year).
• The ability for the Maintaining agency to designate an authorized representative(s) with the authority to execute
changes to Exhibit A which is the list of signal systems covered. This would allow the City to designate authority
to either the Administrator and or The Public Works Director to sign off on the changes rather than naming an
individual which would have to be changed when someone new takes the position.
There are also some boiler plate changes:
• Under the new agreement we could not hire an entity that has been placed on the State Discriminatory
Vender List to perform work on signals that we are maintaining.
• Likewise we could not hire a vendor that has had its Certificate of Qualification suspended or revoked
• FDOT wouldn't be liable to pay attorney's fees, interest of cost of collection
• The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the
obligation to comply
with s.20.055(5), Florida Statutes.
Given this is an amendment, I'm not sure who the proper person is to sign it or if it has to go to the Council for
approval.
David
MEMORANDUM
To: City Council Members
From: Marcos Montes De Oca, Administrator
Subject: Additional Item to January 3, 2017 Agenda
New Business Item E, Exhibit 5
Date: January 3, 2017
Please add to the January 3, 2017 City Council Regular Meeting Agenda,
New Business Item E, Exhibit 5:
Motion to approve Addendum No. 2 and Addendum No. 3 to the contract for
Legislative Services — City Administrator (Exhibit 5).
DENDum 2 �EXHIBIT 5
CAS GOVERNMENTAL SERVICES, LLC JAM 3, 2017
36910 3Id Street — P. O. Box 35
Canal Point, Florida 33438
561-924-7702
This Agreement is by and between, The City of Okeechobee, hereinafter referred to as
"CITY" and the consulting firm, CAS Governmental Services, LLC, hereinafter referred
to as CASGS.
Whereas, the CITY desires to engage the services of an individual or firm to monitor
Legislative Issues for the CITY and to seek special legislative appropriation funding.
This service will be with respect to legislative issues, special funding and/or legislative
appropriations relating to Okeechobee, Florida.
Whereas, the CITY voted in an official meeting of the City of Okeechobee to contract
the professional Governmental Affairs Representation services of CAS Governmental
Services to monitor legislation, seek and administer special funding projects relating to
improvements in Okeechobee, Florida.
PUBLIC INFORMATION:
The Florida Legislature has amended Chapter 119 Florida Statutes, Section .0701
thereof, to expand the obligation of local government to include into all contracts
certain language that relates to public records, which is made a part of this Contract.
See Attachment A
The contractor agrees to follow the rules as set forth in the Chapter 119 Florida Statutes
and an attachment A, of information, is made part of this of this agreement.
SERVICES: CASGS will provide the following services: Provide information and data
to Federal, State and Regional agencies; Prepare appropriate draft cooperative
agreements for agencies involved and for review by the CITY; Provide appropriation
language and, as directed, work with CITY Staff; Attend and provide testimony at
appropriate subcommittee meetings; Attend and provide testimony at appropriate
committee hearings; Coordinate and solicit support from legislators and appropriate
state agencies and other special testimony as may be needed. Report findings to the
CITY; Make necessary reports to appropriate Federal, State and Regional agencies.
COMPENSATION:
CASGS shall receive an annual lump sum fee of $18,000.00 to be paid upon
invoice monthly.
The CITY agrees to make payment within thirty (30) days.
WARRANTY: CASGS cannot and does not make, nor imply, any form of warranty or
guarantees regarding the outcome of any legislation, special funding or appropriation
passage.
TERMINATION: Termination of this contract may be made by the CITY or CASGS with
a thirty (30) days written notice, sixty (60) days once Legislative Session begins.
Termination notice shall be in writing thirty (30) days prior to the date given as the
termination date. Termination shall not deprive CASGS from final invoicing and for
payment(s) for work already complete or substantially complete, or for neither funding
approved or underway, nor shall termination deprive CITY from work products already
complete or substantially complete.
EFFECTIVE DATE: This contract shall become effective when executed.
Dated this day of
FOR: CITY OF OKEECHOBEE
Signature:
Printed Name & Title
Witness:
, 2016.
FOR: CAS GOVERNMENTAL SERVICES, LLC
Signature:
Printed Name & Title
Witness:
ADDENDUM NO. 1
LEGISLATIVE SERVICES AGREEMENT
BETWEEN
THE CITY OF OKEECHOBEE
AND CAS GOVERNMENTAL SERVICES, LLC
THIS ADDENDUM to the contract for legislative services with CAS Governmental
Services., LLC, dated this 1" day of November, 2016, and the terms herein are
incorporated by reference and made a part of the renewal Letter of
Understanding relating to revision of compensation to current legislative services
agreement with the professional firm/contractor.
1. The legislature has amended Chapter 119 Florida Statutes, Section .0701
thereof, to expand the obligation of local government to include into all
contracts certain language that relates to public records, which is made a part
of this Contract.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS FOR THE CITY OF OKEECHOBEE AT:
CITY CLERK'S OFFICE
55 S.E. 3ftD Avenue
Okeechobee, FL. 34972
(863) 763-3372 ext. 215
Igamiotea@cityofokeechobee.com
2. The contractor shall adhere to Florida public records laws, including the
following:
a. Keep and maintain public records required by the City to perform the
services, and upon request of the custodian of records for the City,
provide the City with a copy of the requested records or allow the
records to be copied or inspected within a reasonable time at a cost that
does not exceed the cost allowed in Chapter 119 or as otherwise
provided by law.
b. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law for the duration of this contract term and following
ADDENDUM NO. 1 Page 1 of 3
completion of the contract if the contractor does not transfer the records
to the City.
c. Upon completion of the contract, transfer, at no cost, to the City all public
records in possession of the contractor or thereafter keep and maintain
public records required by the City to perform the service. If the
contractor transfers all public records to the City upon completion of the
contract, the contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon
completion of the contract, the contractor shall meet all applicable
requirements for retaining public records. All records stored
electronically must be provided to the City, upon request of the City
Clerk, in a format that is compatible with the information technology
systems of the City.
3. Noncompliance:
a. A request to inspect or copy public records relating to the City's contract
for services must be made directly to the City. If the City does not
possess the requested records, the City shall immediately notify the
contractor of the request, and the contractor must provide the records to
the City or allow the records to be inspected or copied within a
reasonable time. A reasonable time is defined as within eight (8)
business days.
b. If the contractor does not comply with the request of the City for the
records, the City shall enforce the contract provisions in accordance with
the contract.
c. If the contractor fails to provide the public records to the City within a
reasonable time, the contractor may be subject to the penalties under
Chapter 119.10.
4. Civil Action.
a. If a civil action is filed against a contractor to compel production of public
records relating to the City's contract for professional services, the court
shall assess and award against the contractor the reasonable costs of
enforcement, including reasonable attorney fees, If:
1) The court determines that the contractor unlawfully refused to comply
with the public records request within a reasonable time; and
2) At least eight (8) business days before filing the action, the plaintiff
provided written notice of the public records request, including a
ADDENDUM NO. 1 Page 2 of 3
statement that the contractor has not complied with the request, to
the City and to the contractor.
b. A notice complies with the above if it is sent to the custodian of public
records for the City and to the contractor at the contractor's address
listed on its contract with the City, or to the contractor's registered agent.
Such notices must be sent by common carrier delivery service or by
registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be
in an electronic format.
c. A contractor who complies with a public records request within eight (8)
business days after the notice is sent is not liable for the reasonable
costs of enforcement.
IN WITNESS WHERE OF, the CITY and the Professional have made and executed this
Addendum to the Contract. -
AS TO THE CITY:
f
ATTEST: James E. Kirk, Mayor
i
�1i Date: November 1. 2016
Lane'Gamiotea CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
AS TO THE PROFESSIONAL:
(Signature)
/'n D A- (e- M,1 -6 E
(Printed Name & Title)
Date: 11— Z _� 4
ADDENDUM NO. 1 Page 3 of 3
CAS Governmental Services, LLC
"Communication Advocacy Services"
Post Office Box 35
Canal Point, Florida 33438
This Agreement is by and between the City of Okeechobee hereinafter referred to as
the "CITY" and CAS Governmental Services, LLC hereinafter referred to as CASGS.
Whereas, the CITY desires to enter in an agreement with CASGS for Grant
Administration of certain projects and programs as directed by the CITY.
Whereas, CASGS, being an established grants and special funding firm is qualified to
administer appropriate and directed projects for the CITY.
PUBLIC INFORMATION:
The Florida Legislature has amended Chapter 119 Florida Statutes, Section .0701
thereof, to expand the obligation of local government to include into all contracts
certain language that relates to public records, which is made a part of this Contract.
See Attachment.
The contractor agrees to follow the rules as set forth in the Chapter 119 Florida
Statutes and an attachment A, of information, is made part of this of this agreement.
SERVICES: CASGS shall provide all personnel, labor and materials to Administer
the project from concept to close-out with the appropriate state agency, monitoring and
meeting appropriate parties to make every effort to maintain the grant on schedule and
within budget. CASGS will meet with the designated CITY Staff as directed and
receive direction throughout the project, including monthly reports, reimbursement
payments and close-out documents.
No Contingency Fees: Both the CITY and CASGS fully understand and accept that
payment of fees herein is not contingent upon the outcome or success of professional
lobbying services. In accordance with 11.047 and 112.3217, Florida Statutes (2013),
no contingency fee or performance based fee is agreed to by either the CITY or
CASGS, nor will any contingency fee be paid by the CITY or received by CASGS for
any of the herein described services.
COMPENSATION:
Grant Administration Services. For each grant award administered pursuant to this
Agreement, CASGS shall receive the following total compensation:
Four and one-half (4.5%) percent.
Provided however that in no case shall the grant administration fee for any grant
award where allowable Grant Award Administration Fees are listed, CASGS agrees to
not exceed the allowable administrative fee rate or sum specified. If the administrative
time period for a grant award project exceeds 36 months, CITY and CASGS agree to
negotiate appropriate additional administrative costs to bring the grant to close-out or
closure, if necessary. Grant administration fees provided for in this paragraph may not
be paid out of grant proceeds. For each grant, CASGS will invoice CITY, on a regular
periodic basis, for the percentage of total compensation due that corresponds to the
percentage of the overall grant administration services performed. CITY agrees to pay
CASGS invoices within thirty (30) days of receipt.
EFFECTIVE DATE: This contract shall become effective when executed.
Dated this day of
FOR: CITY OF OKEECHOBEE
Signature
Printed Name & Title
Witness
12017.
FOR: CAS GOVERNMENTAL SERVICES
Communication Advocacy Services
Signature
Printed Name & Title
Witness
ATTACHMENT A
ADDENDUM NO. 1
LEGISLATIVE SERVICES AGREEMENT
BETWEEN
THE CITY OF OKEECHOBEE
AND CAS GOVERNMENTAL SERVICES, LLC
THIS ADDENDUM to the contract for legislative services with CAS Governmental
Services., LLC, dated this 1" day of November, 2016, and the terms herein are
incorporated by reference and made a part of the renewal Letter of
Understanding relating to revision of compensation to current legislative services
agreement with the professional firm/contractor.
1. The legislature has amended Chapter 119 Florida Statutes, Section .0701
thereof, to expand the obligation of local government to include into all
contracts certain language that relates to public records, which is made a part
of this Contract.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS FOR THE CITY OF OKEECHOBEE AT:
CITY CLERK'S OFFICE
55 S.E. 3RD Avenue
Okeechobee, FL. 34972
(863) 763-3372 ext. 215
Igamiotea@cityofokeechobee.com
2. The contractor shall adhere to Florida public records laws, including the
following:
a. Keep and maintain public records required by the City to perform the
services, and upon request of the custodian of records for the City,
provide the City with a copy of the requested records or allow the
records to be copied or inspected within a reasonable time at a cost that
does not exceed the cost allowed in Chapter 119 or as otherwise
provided by law.
b. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law for the duration of this contract term and following
ADDENDUM NO. 1 Page 1 of 3
completion of the contract if the contractor does not transfer the records
to the City.
c. Upon completion of the contract, transfer, at no cost, to the City all public
records in possession of the contractor or thereafter keep and maintain
public records required by the City to perform the service. If the
contractor transfers all public records to the City upon completion of the
contract, the contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon
completion of the contract, the contractor shall meet all applicable
requirements for retaining public records. All records stored
electronically must be provided to the City, upon request of the City
Clerk, in a format that is compatible with the information technology
systems of the City.
3. Noncompliance:
a. A request to inspect or copy public records relating to the City's contract
for services must be made directly to the City. If the City does not
possess the requested records, the City shall immediately notify the
contractor of the request, and the contractor must provide the records to
the City or allow the records to be inspected or copied within a
reasonable time. A reasonable time is defined as within eight (8)
business days.
b. If the contractor does not comply with the request of the City for the
records, the City shall enforce the contract provisions in accordance with
the contract.
c. If the contractor fails to provide the public records to the City within a
reasonable time, the contractor may be subject to the penalties under
Chapter 119.10.
4. Civil Action.
a. If a civil action is filed against a contractor to compel production of public
records relating to the City's contract for professional services, the court
shall assess and award against the contractor the reasonable costs of
enforcement, including reasonable attorney fees, If:
1) The court determines that the contractor unlawfully refused to comply
with the public records request within a reasonable time; and
2) At least eight (8) business days before filing the action, the plaintiff
provided written notice of the public records request, including a
ADDENDUM NO. 1 Page 2 of 3
statement that the contractor has not complied with the request, to
the City and to the contractor.
b. A notice complies with the above if it is sent to the custodian of public
records for the City and to the contractor at the contractor's address
listed on its contract with the City, or to the contractor's registered agent.
Such notices must be sent by common carrier delivery service or by
registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be
in an electronic format.
c. A contractor who complies with a public records request within eight (8)
business days after the notice is sent is not liable for the reasonable
costs of enforcement.
IN WITNESS WHERE OF, the CITY and the Professional have made and executed this
Addendum to the Contract:
AS TO THE CITY:
ATTEST:
Lane'Gamiotea; CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
AS TO THE PROFESSIONAL:
James E. Kirk, Mayor
Date: November 1, 2016
(Signature)
r
%+t 1) A (e. {1'1 Y 1 J6
(Printed Name & Title)
Date: f f- -Z—Z 4
ADDENDUM NO. 1 Page 3 of 3
11alil Minahe
PQCke &/Y
Vol. 108 No. 3
In -town chase
results in crash
... Page 3
Ag tour planned
for local area
... Page 4
Photos of OCSO
promotions
Page 8, ;
Commentary on
Lake Okeechobee
... Page 10
Lake Levels
14.24 feet
Last Year: 14.74 feet
Sponsored By -
flog Family Restdiifimt
V9 S. Parrott Ave.
763-7222
Source: South Florida Water
Management District. Depth given
in feet above sea level
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January 6, 2017
Dowling Watford (right) was elected mayor for the City of Okeechobee Tuesday at
50 1 plus tax
Watford is
selected as
city's mayor
By Charles M. Murphy
Okeechobee News
Dowling Watford was elected mayor at the
first Okeechobee City Council meeting of 2017.
Mr. Watford replaces Jim Kirk who refired af-
ter 26 years as mayor.
"I appreciate it and I understand the responsi-
bility of the position. I have always been involved
in and have loved the community," Mr. Watford
said, as he thanked the council for their support
and that he lakes the job as quite an honor.
Mr. Watford -said he received a lot of great ad-
vice from former mayors like Dr. Edward Doug-
las, Oakland Chapman and Mr. Kirk.
Mr. Watford said he plans to continue to hold
professional meetings and conduct business in a
the first city council meeting of 2017. In the photo above, Patty Burnette (center) civil manner.
was honored for five years with city general services. On her left is city administra-
tor Marcos Montes De Oca . See MAYOR — Page 5
Are cattle
for water
just a scapegoat
quality problems?
By Katrina Elsken use costly systems of retention ponds and
Okeechobee News spray fields to retain runoff —and the phos-
phorusHas South Florida's bovine population — on the dairy property.
been cast as the scapegoats, unfairly blamed But 30 years later, the phosphorus levels I
for the excess phosphorus in runoff that en- cli Taylor Creek/Nubbin Slough have not de-
ters Lake Okeechobee? With the dairies out of the equation, some
In the early 1980s, dairy cattle were blamed have shifted blame for the phosphorus levels
for the high phosphorus levels in the Taylor in the Kissimmee River watershed to the beef
Creek/Nubbin Slough Waterway. In 1987, the cattle.
Department of Environmental Regulation im- Some researchers question that assump-
plemented the DEP Dairy Rule, restricting the lion. -
phosphorus levels in runoff, and as a result, 1n a December 2010 article "Impact of A continuing series
causing most of the dairies to move out of the Cattle Grazing in South Florida,' Okeecho
watershed because they.could not meet the See WATER — 5
new standards. The few dairies that remain Page
AUT® Proven Experience o Okeechobee Ave. • Immd Certified
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Orfice:Okeechobee . ` jese
6, 2017
eechobee News
MAYOR
Continued From Page 1
"1 feel very honored and very humbled. I
just can't tell you how humbling it is to be in
this position," he said.
Mr. Watford said a lot of people have en-
couraged him to pursue the position over the
years and he is glad to take on the responsi-
bility.
I'm just honored that they think 1 can do
a good job," he added.
Mr. Watford said he intends to vote on all
motions. Mr. Kirk did not vote unless there
was a fie vote.
"I feel like it is my responsibility as an elected official to vote and I will therefore
vote on all the motions," he added.
Mr. Watford said holding the title of mayor
should help him when he works with the
Treasure Coast League of Cities on issues of
regional importance.
Several city employees also received
awards from the city council at the meeting.
Several city employees were honored for
thet9 years of service. Those employoees
were: Patty Burnette, director of general ser-
vices, five years; Pam Wilkerson, five years;
Marty Thomas, five years with the city clerk's
office; Jeff Treece, five years with public
works; firefighter Steve Weeks, 10 years with
the city fire department; and, Chief of Police
Bob Peterson for 20 years of service.
Chief Peterson was given the oath of office
by City Clerk Lane Gamiotea.
New police officers Brandon Griesemer
and Luis Rojas were also swom in by the
clerk. The police department also announced
the promotion of Donald Hagan to the rank
of major. The chief also honored Officer Kelly
Margerum after she received an Associate's
Degree in Criminal Justice from Indian River
State College.
In business actions:
• The council approved an ordinance to
vacate an alleyway requested by Okeechobee
Asphalt & Ready Mixed Concrete. The prop-
erty is owned by the company and located
south of N.W. Ninth Street between N.W.
Eighth Avenue and N.W. Ninth Avenue.
• The council approved appointments on
various boards and committees. Councilman
Mike O'Connor will represent the city on the
Central Florida Regional Planning Council;
Councilman Gary Ritter will serve on the
Treasure Coast League of Cities; Mayor Wat-
ford will serve on the Treasure Coast Council
of Local Governments; Councilman Ritter
on Healthy Start; Councilman Noel Chandler
and Councilman O'Connor on the Tourist De-
velopment Council; Councilman O'Connor
on Main Street; Councilwoman Monica Clark
on the Chamber of Commerce and Eco-
nomic Council; and, Mayor Watford on the
Okeechobee Historic Society and Friends of
the Okeechobee Battlefield, the Shared Serves
Network and Juvenile Justice Council.
• The council approved the closure of
a section of N.W. Second Street near the
Okeechobee County Courthouse for the
County Centennial kickoff event scheduled
for Jan. 21 at 5 p.m. d
WATER interacting with all the land that may contain is that plants and grazing animals are not
high phosphorus levels South Florida, water sources of nutrients. They can recycle nutri-
Continued From Pa 1 bodies such as Lake Okeechobee may have ents into the various ecosystem components
&� always contained large amounts of the nutri- (air -soil -plant -water) but they usually don't
ent," he wrote. add additional nutrients into the system,"
bee County Extension Director & Extension Mr. Hogue also noted that the levels of explained Maria Lucia SWerra of the Soil
Agent III Pal Hogue noted that cattle played phosphorus loading into the lake did not ap- and Water Science UFAFAS Range Cattle Re -
an important part in the state's history. pear to be affected by the reduction in dairy search and Education Center.
"We know that Florida has the oldest his- cattle in the watershed in the 1980s. In addi- Ms. Silveria is one of the authors of the
tory of cattle grazing and production in the tion, since the early 1990s there has been a 2010 research paper, "The cow -calf industry
United States. Cattle were first introduced in greatly reduced amount of phosphorus ap- and water quality in Florida."
the U.S., in Florida when they were brought plied to pastures in South Florida as a result "Discrepancies in the literature suggest
from Spain by Juan Ponce De Leon and his of research studies that showed it wasn't that there is a high degree of uncertainty as -
crew in 1521, and later introductions came needed as often and in amounts previously sociated with early estimates of the relative
with Hernando DeSoto in the 1530s. Prior to applied. contribution of cow/calf operations to water
that time there would have been no impact P Despite these changes, the phosphorus quality problems in south Florida," the re -
on the waters of Florida by cattle grazing, loading into the lake did not decline. searchers stated.
other than the periodic impact bison may Research projects over the years would "Generating sound, science -based infor-
have had as they ventured to the state Pe- seem to indicate that cattle grazing in South mation about the real contribution of grazing
riodically in their nomadic roaming of the Florida have little to no adverse effects on lands to water quality issues is a key to pro-
states. However, we do not know, and could rooting the benefits of forage -based beef o
on hazard guess, as to what the nutri- water quality, particularly in regard to ph
ent g op
-
only g phorus, Mr. Hogue stated. erations and the important role the industry
thesea times. We know that the Native Ameri-
other particulate loads were prior to "One important aspect to keep in mind plays in protecting Florida's environment."
the
cans in Florida at the time, and later settlers
took up cattle grazing and production that Northern Everglades Lake Okeechobee s
were the precursors to the modern Florida
beef cattle industry, and that Florida, since "
those times, has always been a cattle grazPhosphorus
-
ing state, and one of the leaders in this en- ,P =":TPA �._.....�.,..._.-,
deavor throughout U.S. history. az d d
"What we also know is that even prior Ei"E ISTOK 00A Northern watershed
to cattle coming to Florida, there were huge i3%water: 6%TP toad LOWER KISSiMMEE ', contributes - 90% of
deposits of phosphorus in the ground that TPLWd TP FwMc l 4 "t6%Wale 19%TPLoad flow and TP load
later became a leadingmining industry for
g "l 29 cot /$Ppb �ti 4 Plnatl TP FWP,
the state, and Florida is one of the leading --
rs con t+a yod
PP phosphorus only _
to the U.S., but the rest fertilizers
the rs agriculture 13%Misr t iP tact TC NS
producing world. Did these phsphorus TPt d TP wMc 6%water;19%TPtoed
deposits have any effect on waterways in em, 232 ppe TP&—1 TPFWMc
Florida even prior to cattle coming to the _ 1= ' n m, sa pp,
state and before we mined it and produced FiSHEATING CREEK z
huge quantities of fertilizers and applied to 9%water; n%TPLoad ,.�� EAST LAKE0.
\ 4% Water, 4%TP two
the soils? 71`la.M TPFWMCv fwhlC
Again, we have no empirical data to w TP Loaa TP r
prove this, yet there is evidence that the soils 6 r
`
in South Florida are probably inherent high v re�� +o
P 1Y inherently 8 YJEST LAKE 0. � f' �
SOUTH LAKE O.
in phosphorus, and may have been even 2%watec 2%TP toad
before man started using the nutrient as a TP Lead TP wMc 3% Water, 4%TP Load
means to increase agricultural production. em, 1460.- �" � � °Ld TPvm�
It's reasonable to assume, and a case could �'°
probably be made that with all the water
d dfl th h d Courtesy photo/SFWMD
ra,mng own on an owing roug an The graphic shows phosphorus loading in the Lake Okeechobee watershed.
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