1996-10-15 Regular Meeting256
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CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
Call Meeting to order on October 15, 1996.
Invocation offered by Reverend John Paul Ziegler;
Pledge of Allegiance led by Mayor Kirk.
C. Mayor and Council Attendance:
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Michael G. O'Connor
Council Member Robert Oliver
Council Member Dowling R. Watford, Jr.
Staff Attendance:
City Attorney John R. Cook
City Administrator John J. Drago
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
Mayor Kirk called the meeting to order on October 15, 1996 at 7:35 p.m.
Council Member Watford offered the invocation;
Mayor Kirk led the Pledge of Allegiance.
Clerk Thomas called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
D. Motion to dispense with the reading and approve the Sum- Council Member Oliver moved to dispense with the reading and approve the Summary
mary of Council Action for the Regular Meeting of October of Council Action for the Regular Meeting of October 1, 1996; seconded by Council
1, 1996. Member Chandler.
KIRK _
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
PAGE 1 OF 11
257
OCTOBER 15, 1996 - REGULAR MEETING - PAGE 2 OF 11
E. Motion to approve Warrant Register for August, 1996 in the Council Member Watford moved to approve Warrant Register for August, 1996 in the
amount of $279,639.00. 111 amount of two hundred seventy-nine thousand, six hundred thirty-nine dollars
($279,639.00); seconded by Council Member Oliver.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
REQUEST FOR THE ADDITION DEFERRAL OR WITHDRAWAL Mayor Kirk asked if there were any requests for the addition, deferral or withdrawal of
OF ITEMS ON TODAY'S AGENDA. III items on today's agenda? There were none.
F. NEW BUSINESS
1. Motion to appoint Melanie Jones as the new
custodian - City Administrator.
2. Discuss fees charged for Future Land Use Map
change to Ms. Catherine Nix - City Attorney.
Council Member O'Connor moved to appoint Melanie Jones as the new custodian;
seconded by Council Member Oliver.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
Attorney Cook advised that he has reviewed Mrs. Nix's future land use map amendment
for Block 89 with Consultant LaRue. He also explained to Consultant LaRue the
procedures for determining mapping errors established by the Council. After review he
and Consultant LaRue agreed this map amendment is an error that was made by Central
Florida Regional Planning Council Planner, Jeff Hopper.
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258
OCTOBER 15, 1996 - REGULAR MEETING - PAGE 3 OF 11
F. NEW BUSINESS
2. Discuss fees charged for Future Land Use Map Council Member O'Connor moved to refund Mrs. Nix's money based on the staff
change to Ms. Catherine Nix continued. recommendation by Attomey Cook and Consultant LaRue's review of the
amendment application; seconded by Council Member Oliver.
Council Member O'Connor also stated that he hoped this shows that the City is
compassionate and user friendly to all citizens.
Council Member Watford commented that the City had a change in staff and now the
new staff understands the City's policy for determining which amendments are errors.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
3. Motion to award a computer bid to I.C.S. Computer I Council Member Oliver moved to award a computer bid to I.C.S. Computer of
of Okeechobee in the amount of $28,542.00 - City Okeechobee in the amount of twenty-eight thousand, five hundred forty-two dollars
Administrator (Exhibit 1).
($28,542.00); seconded by Council Member Watford.
After a brief discussion between Council and Staff, vote is as follows:
KIRK
CHANDLER,
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
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X
259
OCTOBER 15,1 996 - REGULAR MEETING - PAGE 4 OF 11
F. NEW BUSINESS
4. Motion to adopt Resolution No. 96-4 - City Council Member O'Connor moved to adopt proposed Resolution No. 96-4 (Police Cars
Administrator (Exhibit-2). Leasing Program. Car Bid awarded to Okeechobee Motors, Inc. for $19,219.00 per car
and Financing awarded to SunTrust in the amount of $3,000 per car per year); seconded
by Council- Member Chandler.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD - ABSTAINED.
MOTION CARRIED.
5. a. Motion to read by title only and set November 19, Council Member Watford moved to read by title only and set November 19, 1996 as a
1996 as a Public Hearing date, Ordinance No. 697 - Public Hearing date, proposed Ordinance No. 697 (regarding the rezoning of unplatted
City Attorney (Exhibit 3). lands along Highway 441 South between Shoney's Restaurant and River Bend Mobile
Home Park from C-2, RSF, GU and H to RG-2); seconded by Council Member Oliver.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 697 by title only as follows:
"AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA REGARDING THE REZONING OF
"UNPLATTED LANDS IN THE CITY", AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY
REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM
COMMERCIAL-2, RESIDENTIAL SINGLE FAMILY, GOVERNMENT USE AND HOLDING TO RESIDENTIAL
GENERAL-2 (RG-2, MULTI -FAMILY), AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR
CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE."
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260
OCTOBER 15, 1996 - REGULAR MEETING - PAGE 5 OF 11
F. NEW BUSINESS
5. b. Motion to approve the first reading of proposed III Council Member Chandler moved to approve the first reading of proposed Ordinance No.
Ordinance No. 697. 697; seconded by Council Member Oliver.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
6. a. Motion to read by title only and set November 19, Council Member Watford moved to read by title only and set November 19, 1996 as a
1996 as a Public Hearing date, Ordinance No. 698 - Public Hearing date, proposed Ordinance No. 698 (regarding an alley closing in Block
City Attorney (Exhibit-4). 8, Royal Oaks Addition); seconded by Council Member Oliver.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 698 by title only as follows:
"AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY LOCATED
IN BLOCK 6, ROYAL OAKS ADDITION, AS RECORDED IN PLAT BOOK 1, PAGE 8, PUBLIC RECORDS,
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 AN EFFECTIVE DATE."
6. b. Motion to approve the first reading of Ordinance Council Member Chandler moved to approve the first reading of proposed Ordinance No.
No. 698. 111 698; seconded by Council Member Oliver.
261
F. NEW BUSINESS
6. b. Motion to approve the first reading of Ordinance
No. 698 continued.
OCTOBER 15, 1996 - REGULAR MEETING - PAGE 6 OF 11
Vote on motion is as follows:
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
7. Motion to approve a pay request to Sheltra & Son Council Member Watford moved to approve a final pay request (No. 2) to Sheltra & Son
Construction, Inc. in the amount of $43,368.70 - Construction, Inc. in the amount of forty-three thousand, three hundred sixty-eight
Director of Public Works (Exhibit-5). dollars, seventy cents ($43,368.70) as recommended by Engineer Kafer of Lawson,
Noble and Associates for Southwest 8th Street Storm Sewer Replacement; seconded by
Council Member Oliver.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
8. Motion to approve a pay request to K & K Council Member Oliver moved to approve partial pay request number three to K & K
Construction, Inc. in the amount of $19,585.17 - Construction, Inc. in the amount of nineteen thousand, five hundred eighty-five dollars,
Director of Public Works (Exhibit-6). seventeen cents ($19,585.17) as recommended by Engineer Kafer of Lawson, Noble and
Associates for Sidewalk Improvements; seconded by Council Member Watford.
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262
F. NEW BUSINESS
`3
E
Motion to approve a pay request to K & K
Construction, Inc. continued.
Discuss Employee Handbook - Mayor Kirk (Exhibit-
7).
OCTOBER 15,1996 - REGULAR MEETING - PAGE 7 OF 11
Vote on motion is as follows:
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
Mayor Kirk asked the Council to look at page fourteen of the proposed handbook. He
stated it is dealing with the maximum annual leave that can be accrued, thirty days. As
you read this it makes a statement in the paragraph, if an employee is unable to take
their annual leave the Department Head can tell them if there is a reason that they
cannot let them take the leave they can take the amount over the maximum into the next
year. He wanted to make sure that all Council Members and Staff have an understanding
of what that means so that we do not run into a problem with it.
Mayor Kirk gave an example, let's say somebody has accumulated thirty-five days and
the year is about to run out. And they say I need to take the five days between now and
the end of the year and say there is four weeks left till the end of the year. The
Department Head says no I need you here those four weeks you cannot take off. He can
say, you can take those five days off the first few weeks of the following year. That is the
way I am interpreting this section. Understand however, employee's cannot use this as
an excuse to keep accumulating. You have got to take them. You cannot say okay, I am
not going to take them and then I have accumulated all this other and add them together
and cant' alf-of it over again. No, that would violate the spirit of what we are doing here.
Council Member Watford interjected, only under that circumstance can you carry it over.
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263
OCTOBER 15, 1996 - REGULAR MEETING - PAGE 8 OF 11
F. NEW BUSINESS
9. Discuss Employee Handbook continued. Mayor Kirk continued, that if this were to happen to someone, a Department Head said
you cannot be off because I need you, then we are telling them that they are going to
loose their days. I do not think we can do that. One of the two has to go and if they need
the employee I would rather see them say, you can take it off a month from now. This
means at the end of next year we do not want to see three hundred hours on there. We
are saying you get it and this should not happen again, do better planning.
Attorney Cook advised that the language in the proposed handbook is pretty clear in
explaining this.
Mayor Kirk asked if everybody was on the same understanding on that? All Council
Member's responded yes.
Mayor Kirk then asked what do we need to do with the handbook now, bring it back?
Administrator Drago advised that the Council needed to go over the items listed in exhibit
seven, pages twelve and fifteen.
Mayor Kirk asked all to look on page twelve.
Attorney Cook requested he be allowed to get with Administrator Drago and clarify two
sentences under worker's compensation. For instance it says the City will pay the first
seven days an employee has been temporarily disabled. He would like to clarify that so
it reads, the City will pay one hundred percent of the employee's normal salary the first
seven days. Just so you know exactly what we are paying. And in the last paragraph
under permanent disability, it says that, a person classified permanently totally disabled
will be entitled to leave with full pay. He wants to add a short sentence that says, from
the day of the classification, so we know when the ninety days starts. He advised he was
not making any subject changes to the handbook, just a couple of clarifications.
264
F.
OCTOBER 15, 1996 - REGULAR MEETING - PAGE 9 OF 11
NEW BUSINESS
9. Discuss Employee Handbook continued. Administrator Drago added, another thing on this one hundred percent of normal salary.
If somebody goes on worker's compensation the last thirteen pay periods is submitted
to worker's compensation, for them to come up with an amount of money that is due the
employee. And during that thirteen weeks pay period, if an employee has earned money
in excess of his normal pay, that is overtime pay, then worker's compensation takes that
into consideration. If somebody were to go on worker's compensation and lets say the
employee's normal salary for a week is $300.00 without taxes taken out. Conceivably you
can have a situation where worker's compensation would come in and pay the employee
$270.00 because of the calculation. According to this, the City only has to make up
$30.00.
The Administrator continued that, on the flip side, if the employee did not accumulate any
overtime and it was just a regular pay type period, if you took sixty-six percent of $300.00
that is $200.00 and the City would make up the $100.00. He wanted the Council to
understand that sometimes it does not come out sixty-six percent and thirty-three
percent, sometimes it will be more, but the way this says it is one hundred percent of
normal salary, in the first instance he or she would be entitled only to $30.00.
Also the employee would be entitled to all other deductions, over and beyond taxes, for
instance if there is child support, IRS liens, whatever, the City is obligated to take it out
of that portion and whatever is not reimbursed to the appropriate agency, that falls under
the responsibility of the employee totally, the City is out of it.
Mayor Kirk asked Administrator Drago if he had any comments on page fifteen?
Administrator Drago stated the only thing was at the last Council meeting a Fire
Lieutenant questioned the mandatory requirement for the sick leave policy, three work
days for employee's and one shift for firefighters. He was asked to go back and talk to
the Department Head. He did that, the Department Head brought the situation up to a
staff meeting recently. We all looked at it and the language that was in the handbook at
the time was a "catch twenty-two."
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OCTOBER 15, 1996 - REGULAR MEETING - PAGE 10 OF 11
F. NEW BUSINESS
9. Discuss Employee Handbook continued. In the first sentence it said that the Department Head may require medical evidence.
Then the second sentence says this proof is mandatory when an employee is on sick
leave for three days. We were playing the "if/whaf game, when employees get smart and
say well I am going to take two days off but that is not mandatory you cannot tell me to
do it because I have not taken three days off. So when you pull out the mandatory
requirement and you put the two sentences together then it gives more freedom to the
Department Head to require proof of illness at any time whether it is one day or one
hundred days. That change is being proposed in the new page fifteen.
Administrator Drago continued, other than the two changes that the Attorney has
recommended, he has not heard any other concerns of the Council at a meeting nor in
his discussions with them outside of meetings. The Council could probably approve the
handbook subject to the two changes the Attorney recommended in the Worker's
Compensation.
Council Member Watford moved to approve the new employee handbook with the
amendments to pages twelve and fifteen as suggested by the Administrator on
medical evidence for Sick Leave and the Attomey on worker's compensation;
seconded by Council Member O'Connor.
Administrator Drago asked when the employee handbook was to take effect. Mayor Kirk
advised immediately. Council agreed.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
266
OCTOBER 15, 1996 - REGULAR MEETING - PAGE 11 OF 11
Adjournment - Mayor Kirk. III There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:03
p.m.
PLEASE TAKE NOTICE AND BE ADVISED that if 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. A tape recording oft ' meeting is on file in
the City Clerk's Office. ,
ATTEST:
'4o
Bonnie S. Thomas, CMC
City Clerk
James E. Kirk, Mayor
FORM 8B MEMMANDUM OF VOTING" CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC_ OFFICERS_
LAST nAME—FIRST NAME—MIUULL NAME NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE.
Watford, Dowling R. Jr.
MAILING ADDRESS
CITY
701 N.E. 5th Street
Okeechobee, FL 34974
DATE ON %NHICH VOTE DCCURRED
October 15, 1996
City Council
THE BOARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH I SERVE 1S A UNIT OF:
K CITY L COUNTY = OTHER LOCAL AGENCY
COUNT%
Okeechobee NAME Of POLITICAL SUBDIVISION:
City of Okeechobee
N11 POSIT ION IS:
X ELECTIVE - APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law•, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembiv the nature of your interest in the measure on
which you are abstaining from voting: aird
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the person responsible for recording
the minutes of the meeting. \.•ho should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive count\', municipal., or other local public office 1\41—IST ABST.M.N from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from kno\vingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate ir, a matter in which he has a confiict of interest. but mus.
disclose the nature of the conflict before making am aaemr)t to influence the decision by oral or wrirten communication. \whether
made by the officer or at his direction.
IF YOU INTEND TO .AT'E''\lPT TO '. �=�� E�CETHE DECISION PRIOR TO T::E '\IEE:-1NG:HIC'
i THE VOTE NVILL BE TAKEN:
• You should complete and fiie tniS form (cefore making and, attempt to influence the decision! \wi:h the persor re:nonsici: fe•
i recordin_e the minutes of the meeting. who wili incorDOrate tnt Io.-m ir the minutes.
I
• A copy of the form should be nrovided immediately t; the other meniberF of the agent,.
• The form should be read publicly at the meeting prio- 10 corsideratior. of the matter it whizIn _you have a con tic: o' in`eres:.
En
Lon
IF YPU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE METING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within IS days after the vote occurs \ ith the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Dowling R. Watford, Jr. hereby disclose that on October 15
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or
X inured to the special gain of
Okeechobee Ford Motor Company
(b) The measure before my agency and the nature of my interest in the mcasure is as follows:
Date Fiied —� Si_natur
, by whom I am retained.
NOTICE: UNDER PROVISIONS OF FLORIDA ST T �TE� ii=.:i- 09',= t. a. FyILL'RE TO MAKE A!�1 REQL'IREL�
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR '\IORF OF THE FOL:-OXVING:
IMPEACHMENT, REMOVAL OR SUSPENSION FRO1\; OFFICE OF ENIPLOYM—EN T . DEMOTION. REDL CTION I'1
SALARY, REPRIMAND. OR A CIVIL PENA` TY NOT TO ENCEED S:.UOU.
CE FORM SE - IC-ic �v:
CITY OF OKEECHOBEE
10/15/96 REGULAR CITY COUNCIL MEETING
HANDWRITTEN MINUTES
A. Call meeting to order:
B. Invocation: ; Pledge:
C. Mayor & Council attendance: PRESENT ABSENT
Mayor Kirk
Councilman Chandler
Councilman O'Connor
Councilman Oliver
Councilman Watford
Attorney Cook
Administrator Drago
Clerk Thomas �—
Deputy Clerk Gamiotea
D. Council Member &— moved to dispense with the reading and approve the Summary
of Council Action for the Regular Meeting of October 1, 1996; seconded by Council
Membe — y1%
VOTE:
YE NO ABSENT
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION: ARRIED/,%DENIED
DISCUSSION:
E. Council Member moved to approve Warrant Register for August, 1996 in the
amount of two hundred seventy-nine thousa d, six hundred thirty-nine dollars
($279,639.00); seconded by Council Member.
VOTE:
YES NO ABSENT
KIRK
CHANDLEACARRIEDI
O'CONNO
OLIVER
WATFORD
MOTION:ENIED
DISCUSSION:
REQUEST FOR THE ADDITION DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA.
1
0
F. NEW BUSINESS
1. Council Member moved t appoint Melanie Jones as the new custodian;
seconded by Council member - city Administrator.
VOTE:
YES NO ABSENT
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION: AARRIE/DENIED
DISCUSSION:
2. Discuss fees charged for Future Land Use Map change to Ms. Catherine Nix - City
Attorney. /
/4�
2
3. Council Member &L moved to award a computer bid to I.C.S. Computer of
Okeechobee in the amount of twenty-eight thousand, five hundred forty-two dollars
($28,542.00); seconded by Council Member . - City Administrator (Exhibit
11
VOTE:
YES NO ABSENT
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION: CARRIED/DENIED
DISCUSSION:
2k
--- `� — " Pp d D
ig 0- -- 0� F o ?'�' v
4. Council Member�� moved to adopt proposed Resolution No. 96-4 (Police
Cars Leasing Program. Car Bid awarded to Okeechobee Motors, Inc. For
$19,219./car and Financing awarded tto�SjunTrust in the amount of $3,000/car/
year), seconded by Council Member'17 -L. - City Administrator (Exhibit-2).
VOTE: DISCUSSION:
YES NO ABSENT
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION://CARRI3n/DENIED
3
5. a. Council Member moved to read by title only and set November 19, 1996
as a Public Hearing date, proposed Ordinance No. 697 (regarding the rezoning of
unplatted lands along Highway 441 South between Shoney's Restaurant and River
Bend Mobile Home Park from C-2, RSF, GU and H to RG-2). , � ()
VOTE:
YES NO ABSENT
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION: ARRIED/ ENIED
Attorney Cook read proposed Ordinance No. 697 by title only as follows:
"AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA REGARDING THE REZONING OF
"UNPLATTED LANDS IN THE CITY", AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE
BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM
C2, RSF, GU AND HOLDING TO RESIDENTIAL GENERAL-2 (RG-2, MULTI -FAMILY), AMENDING THE
ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE
DATE."
5. b. Council Member c�` moved to approve the f' st reading of proposed
Ordinance No. 697, seconded by Council Member,_.
VOTE:
YES NO ABSENT
KIRK
CHANDLER ARRIED
O'CONNOR
OLIVER
WATFORD
MOTION:DENIED
4
DISCUSSION:
6. a. Council Member moved to ready by title only and set November 19,
1996 as a Pkiblic Hearing date, proposed Ordinance No. 698; seconded by Council
Member . - City Attorney (Exhibit-4).
VOTE:
YES NO ABSENT
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION: ARRIE /DENIED
Attorney Cook read proposed Ordinance No. 698 by title only as follows:
"AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY LOCATED
IN BLOCK 6, ROYAL OAKS ADDITION, AS RECORDED IN PLAT BOOK 1, PAGE 8, PUBLIC
RECORDS, 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 AN EFFECTIVE DATE."
6. b. Council Member moved to approve the fi st reading of proposed
Ordinance No. 698; seconded by Council Member_-
VOTE:
YES NO ABSENT
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION: ARRIED'/DENIED
5
(� DISCUSSION:
YU
Now 14W
7. Council Member � moved to approve a final pay request (No. 2) to Sheltra
& Son Construction, Inc. in the amount of forty-three thousand, three hundred sixty-
eight dollars, seventy cents ($43,368.70) as recommended by Engineer Kafer of
Lawson, Noble and Associates for outhwest 8th Street Storm Sewer Replacement;
seconded by Council Member . - Director of Public Works (Exhibit-5).
VOTE:
YW NO ABSENT
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION: CARRIED/DENIED
DI CUSSION:
8. Council Member. e 0 moved to approve partial pay request number three to
K & K Construction, Inc. in the amount of nineteen thousand, five hundred eighty-
five dollars, seventeen cents ($19,585.17) as recommended by Engineer Kafer of
Lawson, ble and Associates for Sidewalk Improvements; seconded by Council
Member . -Director of Public Works (Exhibit-6).
VOTE: DISCUSSION:
YES NO ABSENT
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION: XRIED1ENIED
0
�CC 9. Discuss Employee Handbook - Mayor Kirk (Exhibit-7).
Af /Z- k W� %
Az- � w -
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CITY OF OKEECHOBEE
10/15/96 REGULAR CITY COUNCIL MEETING
HANDWRITTEN MINUTES
A. Call meeting to order:�_1 __ I& f5 -4 T.
B. Invocation: &jd ; Pledge: Q `
C. Mayor & Council attendance: PRESENT ABSENT
Mayor Kirk
Councilman Chandler
Councilman O'Connor
Councilman Oliver
Councilman Watford
Attorney Cook
Administrator Drago
Clerk Thomas
Deputy Clerk Gamiotea
D. Council Member FE).. moved to dispense with the reading and approve the Summary
of Council Action for the Regular Meeting of October 1, 1996; seconded by Council
Member /U0-
VOTE:
YES NO ABSENT
KIRK
CHANDLER
O'CONNOR i
OLIVER
WATFORD 7-
MOTION: 6D/DENIED
DISCUSSION:
E. Council Member � 0 moved to approve Warrant Register for August, 1996 in the
amount of two hundred seventy-nine thousand, six hundred thirty-nine dollars
($279,639.00); seconded by Council Member 66
VOTE:
YES NO ABSENT
KIRK
CHANDLER i
O'CONNOR
OLIVER i
WATFORD /
MOTIO ARRIED ENIED
DISCUSSION:
M
REQUEST FOR THE ADDITION DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA.
kD"
1
F. NEW BUSINESS
1. Council Member PIC, moved to appoint Melanie Jones as the new custodian;
seconded by Council member /6 • - city Administrator.
VOTE: DISCUSSION:
YES NO ABSENT
KIRK -�
CHANDLER /
0`CONNOR /
OLIVER /
WATFORD
MOTION: ARR /DENIED
2. Discuss fees charged for Future Land Use Map change to Ms. Catherine Nix - City
Attorney.
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3. Council Member 11s>1 moved to award a computer bid to I.C.S. Computer of
Okeechobee in the amount of twenty-eight thousand, five hundred forty-two dollars
($28,542.00); seconded by Council Member 13CA) . - City Administrator (Exhibit
1).
VOTE: DISCUSSION:
YES NO ABSENT
KIRK
CHANDLER �-
O'CONNOR
OLIVER /
WATFORD �-
a y-UD
4. Council Member rY'C'; moved to adopt proposed Resolution No. 96-4 (Police
Cars Leasing Program. Car Bid awarded to Okeechobee Motors, Inc. For
$19,219./car and Financing awarded to SunTrust in the amount of $3,000/car/
year); seconded by Council Member /U 'L` . - City Administrator (Exhibit-2).
VOTE: DISCUSSION:
YES NO ABSENT
KIRK -
CHANDLER
O'CONNOR
OLIVER
WATFORD IDS
MOTION: RI /DENIED
3
CLb
5. a. Council Member ICJ moved to read by title only and set November 19, 1996
as a Public Hearing date, proposed Ordinance No. 697 (regarding the rezoning of
unplatted lands along Highway 441 South between Shoney's Restaurant and River
Bend Mobile Home Park from C-2, RSF, GU and H to RG-2). 12,C e',� ,
VOTE:
YES NO ABSENT
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION: (� �IgDENIED
Attorney Cook read proposed Ordinance No. 697 by title only as follows:
"AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA REGARDING THE REZONING OF
"UNPLATTED LANDS IN THE CITY", AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE
BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM
C2, RSF, GU AND HOLDING TO RESIDENTIAL GENERAL-2 (RG-2, MULTI -FAMILY), AMENDING THE
ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE
DATE."
5. b. Council Member AC— moved to approve the first reading of proposed
Ordinance No. 697; seconded by Council Member �0
VOTE:
YES NO ABSENT
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION: ARRIED DENIED
11
DISCUSSION:
6. a. Council Member &�L) moved to ready by title only and set November 19,
1996 as a Public Hearing date, proposed Ordinance No. 698; seconded by Council
Member . - City Attorney (Exhibit-4).
VOTE:
YES NO ABSENT
KIRK
CHANDLER
O'CONNOR
OLIVER ,-
WATFORD i
MOTION: CARR /DENIED
Attorney Cook read proposed Ordinance No. 698 by title only as follows:
"AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY LOCATED
IN BLOCK 6, ROYAL OAKS ADDITION, AS RECORDED IN PLAT BOOK 1, PAGE 8, PUBLIC
RECORDS, 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 AN EFFECTIVE DATE."
6. b. Council Member ti'- moved to approve the first reading of proposed
Ordinance No. 698; seconded by Council Member /30
VOTE:
YES NO ABSENT
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION: �IEENIED
5
DISCUSSION:
7. Council Member moved to approve a final pay request (No. 2) to Sheltra
& Son Construction, Inc. in the amount of forty-three thousand, three hundred sixty-
eight dollars, seventy cents ($43,368.70) as recommended by Engineer Kafer of
Lawson, Noble and Associates for Southwest 8th Street Storm Sewer Replacement;
seconded by Council Member 60 . - Director of Public Works (Exhibit-5).
VOTE: DISCUSSION:
YES NO ABSENT
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD -
MOTION: C ED ENIED
NO S/01(at sco.'� ? �
8. Council Member �'`}L- moved to approve partial pay request number three to
K & K Construction, Inc. in the amount of nineteen thousand, five hundred eighty-
five dollars, seventeen cents ($19,585.17) as recommended by Engineer Kafer of
Lawson, Noble and Associates for Sidewalk Improvements; seconded by Council
Member D03 . - Director of Public Works (Exhibit-6).
VOTE: DISCUSSION:
YES NO ABSENT
KIRK
CHANDLER
O'CONNOR -
OLIVER
WAT FORD --
MOTION: CARRIE /DENIED
*w
9. Discuss Employee Handbook - Mayor Kirk (Exhibit-7).
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Item Number 9 Verbatim:
Mayor Kirk asked the Council to look at page fourteen of the proposed handbook. He stated it is dealing with
the maximum annual leave that can be accrued, thirty days. As you read this it makes a statement in the
paragraph, if an employee is unable to take their annual leave, that the department head can tell them, if their
is a reason that they cannot let them take it, that they can take that over into the next year and I want to make
sure that we all have an understanding of what that means so that we do not run into a problem with it.
Mayor Kirk gave an example, lets say somebody has got accumulated thirty-five days and the year is about to
run out. And they say I need to take the five days between now and the end of the year and say there is four
weeks left till the end of the year. The department head says no I need you here those four weeks you cannot
take off. He can say you can take those five days off the first few weeks of the following year. That is the way
am interpreting that. Now you cannot use that as an excuse to keep accumulating.
Council Member Watford interjected, only under that circumstance can you carry it over.
Mayor Kirk responded yes that is correct, but then you have got to take them. You cannot say okay, I am not
going to take them and then I have accumulated all this other and add them together and carry all of it over
again. No, that would violate the spirit of what we are doing here.
Attorney Cook added, it does have to be clear in the handbook if that is what it means.
Mayor Kirk asked if the Council needed to change the wording in that paragraph? He commented that he just
wants to make sure we are all together on that page because if that were to happen to someone, a department
head said you cannot be off because I need you, then we are telling them that they are going to loose their
days. I do not think we can do that. One of the two has to go and if they need the employee I would rather see
them say, you can take it off a month from now.
Council Member Watford added, it says the department head will then authorize the accumulation of annual
leave yearned into the next calendar year.
Mayor Kirk stated, but it says we are still living with the two hundred forty maximum hours. That means at the
end of next year we do not want to see three hundred hours on there. We are saying you get it and this should
not happen again, do better planning.
Attorney Cook advised that the language in the proposed handbook is pretty clear.
Mayor Kirk asked if everybody was on the same understanding on that? All Council Member responded yes.
Mayor Kirk then asked what do we need to do with this now, bring it back?
Administrator Drago advised that the Council needed to go over the items listed in exhibit seven, pages twelve
and fifteen.
Mayor Kirk asked all to look on page twelve.
Attorney Cook request that he be allowed to get with Administrator Drago and clarify one or two sentences
under workers compensation. For instance it says the City will pay the first seven days an employee has been
temporarily disabled. He would like to clarify that so it reads something like, the City will pay one hundred
percent of the employee's normal salary the first seven days. Just so you know exactly what we are paying. And
in the last paragraph under permanent disability. It says that, person classified permanently totally disabled will
be entitled to leave with full pay. I just want to add a short sentence that says, from the day of the classification,
so you know when the ninety days starts. He advised he was not making any subject changes to the handbook,
just a couple of clarifications.
Administrator Drago added, another thing on this one hundred percent of normal salary. So that the Council
understands it. It is his understanding that if somebody goes on worker's compensation the last thirteen pay
periods is submitted to worker's compensation for them to come up with an amount of money that is due the
employee. And during that thirteen weeks pay period, if an employee has earned in money in excess of his
normal pay, that is overtime pay, then worker's compensation takes that into consideration so you could have
an instance if somebody were to go on worker's compensation and lets say the employee's normal salary for
a week is $300.00 without taxes taken out. Conceivable you can have a situation were worker's compensation
would come in and pay the employee $270.00 because of the calculation. According to this, the City only has
to make up $30.00.
On the flip side, if the employee did not accumulate any overtime and it was just a regular pay type period, if
you took sixty-six percent of $300.00 that is $200.00 and the City would make up the $100.00. He wanted the
Council to understand that sometimes it does not come out sixty-six percent and thirty-three percent, sometimes
it will be more, but the way this says it is one hundred percent of normal salary. In the first instance he or she
would be entitled only to $30.00.
Also the employee would also be entitled to all other deductions, over and beyond taxes, for instance if there
is child support, IRS liens, whatever, the City is obligated to take it out of that portion and whatever is not
reimbursed to the appropriate agency, that falls under the responsibility of the employee totally, the City is out
of it.
Mayor Kirk asked Administrator Drago if he had any comments on page fifteen?
Administrator Drago stated the only thing was at the last Council meeting a Fire Lieutenant questioned the
mandatory requirement for the sick leave policy, three work days for employee's and one shift for firefighters.
He was asked to go back and talk to the Department Head. He did that, the Department Head brought the
situation up to a staff meeting recently. We all looked at it and the language that was in the handbook at the
time was a catch twenty-two. In the first sentence it said that the department head may require medical
evidence. Then the second sentence says this proof is mandatory when an employee is on sick leave for three
days. We were playing the "if/what" game you know when employees get smart and say well I am going to take
two days off but that is not mandatory you cannot tell me to do it because I have not taken three days off. So
when you pull out the mandatory requirement and you put the two sentences together then it gives more
freedom to the department head to require proof of illness at any time whether it is one day or one hundred
days. That change is being proposed in the new page fifteen.
Administrator Drago continued, other than the two changes that the Attorney has recommended, he has not
heard any other concerns of the Council at a meeting nor in his discussions with them outside of meetings. The
Council could probably approve the handbook subject to the two changes the Attorney recommended in the
Worker's Compensation.
Council Member Watford moved to approve the new employee handbook with the amendments suggested by
the Attorney on worker's compensation; seconded by Council Member O'Connor.
Administrator Drago asked when the employee handbook was to take effect. Mayor Kirk advised immediately.
Council agreed.
Vote on motion.
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E-1
TABULATION SHEET
NETWORK COMPUTER SYSTEM AND PERSONAL COMPUTERS
PD-01-00-07-96
I.C.S. COMPUTERS, INC. $28,542..00
OKEECHOBEE,FL
COMPUTER AUTOMATION $33,003.00
TECHNOLOGIES, INC.
BOYNTON BEACH, FL
.. RESOLUTION 96-4 E - 2
RESOLUTION TO LEASE EQUIPMENT
Certified Copy of Resolutions and Certificate Pursuant Thereto
Name of City: City of Okeechobee
Address: 55 S.E. Third Avenue, Okeechobee, FL 34974
Chartered Under the law of the State of Florida
I, the undersigned, hereby certify that I am the Clerk of the above named City (hereinafter
called "this City"); that the following is a true copy of resolutions duly adopted by the City
Council of this City at a meeting duly held on the 15th day of October, 1996, at which a
quorum was present and acting throughout, and that such resolutions have not been
rescinded or modified and are now of full force and effect:
RESOLVED, that this City enter into an Equipment Lease with SunTrust Leasing
Corporation (hereinafter called "lessor") and that this City lease equipment from Lessor
pursuant to the terms of such Equipment Lease; and that James E. Kirk be and hereby is
authorized and directed in the name and on behalf of this City to execute an Equipment
Lease with Lessor in substantially the forms presented to this meeting with such changes
therein and additions thereto as shall be approved by the officer who executes the same,
with such execution to be conclusive evidence that each such document so executed has
been authorized and approved by this vote.
FURTHER RESOLVED, that the Equipment Lease be designated "Qualified Tax -Exempt
Obligations" within the meaning of S 265 (b) of the Internal Revenue Code of 1986.
FURTHER RESOLVED, that the Mayor of this City be and each of them hereby is
authorized to execute and deliver such other instruments and take such other actions as
he shall deem necessary and desirable for the purpose of carrying out the foregoing votes.
FURTHER RESOLVED, that the foregoing resolutions shall remain in full force and effect
until written notice of their amendment or rescission shall have been received by Lessor
and that receipt of such notice shall not affect any action taken by Lessor prior thereto; and
FURTHER RESOLVED, that the Clerk of this City be and (s)he hereby is authorized and
directed to certify to said Lessor the foregoing resolutions and that the provisions thereof
are in conformity with the charter of this City.
I further certify that there is no provision in the charter of this City limiting the power of the
City Council to pass the foregoing resolutions and that the same are in conformity with the
provisions of said charter.
I further certify that the following are the names and official signatures of those persons
authorized to act by the foregoing resolutions.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of this
City, this 15th day of October, 1996.
James E. Kirk, Mayor
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
TO:
CITY OF OKEECHOBEE
MEMORANDUM
Mayor and City Council DATE: October 11, 1996
SUBJECT: POLICE CARS
FROM: John J. Drago, City Administrator
Below are the figures that the City obtained for the acquisition and financing of its police
cars.
CARS
Jim Blackman Ford, Inc.
Okeechobee Motors, Inc.
Florida Sheriff's Association
Mears Motor Leasing (Proposal 1)
Mears Motor Leasing (Proposal 2)
FINANCING
NationsBanc
SunTrust
Okeechobee Motors
Barnett Bank
Mears Motor Leasing (Proposal 1)
Mears Motor Leasing (Proposal 2)
$19,200.00/car
19, 219.00/car
19, 219.00/car
19, 330.00/car
19,630.00/car
$3,000.00/car/year
3,000.00/car/year
6,768.00/car/year
4,339.64/car/year
5,376.00/car/year
4,693.00/car/year
I am recommending that the Council award the financing to SunTrust and that the vehicles
be obtained from Okeechobee Motors, Inc.
JJD:nb
E-3
ORDINANCE NO. 697
AN ORDINANCE OF THE CITY OF OKEECHOBEE, 17LORIDA
REGARDING TILE REZONING OF "UNPLATTED LANDS IN THE CITY",
AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY
REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY
DESCRIBED HEREIN, FROM C2, RSF, GU AND HOLDING TO
RESIDENTIAL, GENERAL (RG-2, MUUH-FAMILY), AMENDING THE
ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance
Number: 402 in which a revised Official Zoning Map was adopted for said City; and
WHEREAS, the owner of the property more particularly described hereafter, has heretofore
filed a petition pursuant to the Land Development Regulations of the City of Okeechobee
for the purpose of rezoning a certain tract of land consisting of 10.8 acre(s), said land being
more particularly described hereinafter, from C2 (Commercial), RSF (Single Family), G.U.
(Government) and Holding to RG-2 (Residential Multi -Family), which requests that this
10.8 acre(s) tract be removed from the boundaries of the above mentioned zones to allow
for the processing of the rezoning application; and
WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive
Plan and deenis it in the best interest of the inhabitants of said City to amend aforesaid
revised zoning map as hereinafter set forth:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF OKEECHOBEE, FLORIDA TIIAT:
Section 1. The following described land, located in the City of Okeechobee, to -wit:
Unplatted lands in the City of Okeechobee on Parrott Avenue (see attached
legal description) as a portion of Sections 21 and 22, Township 37 South,
Range 35 East, County of Okeechobee.
Section 2. That the aforesaid Revised Zoning Map of the City shall be amended
accordingly.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4. 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.
Section 5. This Ordinance sliall take effect immediately upon its passage.
INTRODUCED for first readh ind set for final public liearing on day of ,
19
James E. Kirk, Mayor
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
Passed and adopted after second reading and final public hearing this day of
19_.
James E. Kirk, Mayor
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
E -4
ORDINANCE NO. 698
AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR
ALLEYWAY LOCATED IN BLOCK 6, ROYAL OAKS ADDITION, AS RECORDED
IN PLAT BOOK 1 , PAGE 8 , PUBLIC RECORDS, OKEECHOBEE COUNTY,
FLORIDA; AND DIRECTING T IM CITY CLERK TO RECORD THE ORDINANCE
INTHE PUBLIC RECORDS OF TT1E CLERK OF TIIE CIRCUIT COURT IN AND
FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY 'TIIE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA,
AS FOLLOWS.
SECTION ONE: The alley or alleyway described hereafter is hereby closed, vacated and
abandoned by the City of Okeechobee, 1,lorida, to -wit:
A 15 foot wide alley in Block 6, ROYAL OAKS ADDITION, as recorded in Plat Book 1, Page
8, Public Records, Okeechobee County, Florida, more particularly described as that alley running
North to South between Lots 1 to 10.
SECTION TWO: The City Clerk shall cause a certified copy of the ordinance to be recorded in
the public records of Okeechobee County, Florida.
SECTION THREE: 'this ordinance shall be set for final public hearing the 191'11 day of
NOVEMBER, 1996, and shall take effect immediately upon its adoption.
Introduced for first reading and set for final public hearing this 15th day of OCTOBER, 1996.
James E. Kirk
MAYOR
ATTES'1':
Bonnie S. Thomas, CMC
CITY CLERK
Passed and adopted on second reading and final public hearing this 19TH day of NOVEMBER,
1996.
James E. Kirk
MAYOR
ATTEST:
Bonnie S. Thomas, CMC
CITY CLERK
APPROVED AS TO FORM:
John R. Cook, CITY ATTORNEY
1I.JSOtd-PdOBLE & ASSOC I D : 1-40 r-878--1802 00 1 0 ' 9G 13 : 23 t10 .007 P . E _ 5
. LNLio-%
'` r�
Lewson� Noble & Associates
October 8, 1996 Emomptns • PLANNEns • SunvEYORs
City of Okeechobee
55 SE "Third Avenue
Okeechobee, hlorida 34974
Attention: Mr. Chuck Elders, l)ireC1Or of Public Works
Ile: City, of Ulccecllohee. llrnw Request No. 2 and Final
From Sheltra & Son Construction, Inc.
For SNV 801 Street Storm Sewer Replacement
City of Okeechobee Contract No. PW 01-00-02-96
L.N.&A. Project No. 95-220
Dear Mr. Elders:
This letter is to certify that Lawson, Noble & Associates (LNA) has reviewed the attached invoice
Application No. 2, dated October 1, 1996 frolu Shelh a & Son Construction, Inc. for quantities and
mathematical accuracy and find it correct for the amount of work performed. Based upon this
information we recommend payment of the CURRENT PAYMENT' DUE (Total of invoice is
$43,368.70).
We recommend that the City of Okeechobee notify Sheltra & Son Construction, Inc. when the
Payment is ready to be picked up. The check should be given to the contractor after the contractor
has presented a final Release form, completed and signed.
If further explanation is needed or if I can be of further assistance, please call.
SiIIcY,1,ely,
Ctistophell r are
Project M6 nager
CJK/dsk
Enclosure
cc: Steve Vandersluis, LNA
x �no.. ios a: a tuna
Lawson, Noble & Associates • 590 N.W. Peacock Blvd., Sulle 9 • Port St. Lucle, FL 34986 • PFt.(407) 878.1700 • FAX (407) 878-1802
Lawson, Noble & Webb, Inc. • 420 Columbia Drive • West Palm Bosch, Ft. 33409 • PR(407) 684.6686 • FAX (407) 684-1012
ID 1-�I0 -8 8-18U2 OCT IU'96 13:24 Ho.U07 P.03
=WSOII- NOBLE & ASSOC
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: hIS,Old-NOBLE & ASSOC I D 1-40- �7�-1502 OCT 10,96 13,26 No .007 P .04
AIA Document G702 APPLICATION AND CETIFICATION FOR PAYMEN1,contshling APPLICATION NUMBER: No. 2 (FINAL)
Continclor's signed Ceitificalion is attached. APPLICATION [)AT E: OCTOBER 1ST, 1996
In tabulallons below, anwunts are slated to the nealesl dollar. PERIOD FROM: AUGUST 31ST, 1996
Use Column I on Colimcls where variable retainage for line Items may apply. TO: SEPTEMBER 30TH, 1996
nnniIII crt1c 00n IFrT Mn- C W NTH STRFFT
-
TOTAL
-- -
ITEM
DESCRIPTION OF WORK
EST.
UNIT
Work In Piece
Work In Place
Work In Place
COMPLETED
No.
UNITS
QUAN.
PRICES
PREV. MONTH
11-1IS MONTH
THIS MONTH
TO
Units
Units
Dollars
DATE
1+
STABILIZED SUBGRADE
SYY
1952�y
$3.00
0.00
1952.00
$5,856.00
$5,856.00
2
8" SHELL BASE
SY
1952
$8.00
0.00
1952.00
$15,616.00
$15,616.00
3
1 112" ASPHALT
SY
1952
$5.00
0.00
1952.00
$9.760.00
$9,760.00
4
TYPE 5 INLET TOPS
EA
3
$2,200.00
3.00
0.00
$0.00
$6,600.00
4A
TYPE 6 INLET TOPS
EA
1
$2,500.00
1.00
0.00
$0.00
$2,500.00
5
CONCRETE COLLAR
EA
1
$2,500.00
1.00
0.00
$0.00
$2,500.00
6
TYPE F CURB AND GUTTER
LF
114
$15.00
91.00
23.00
$345.00
$1,710.00
7
15" RCP
LF
138
$25.00
138.00
0,00
$0.00
$3,450.00
8
1811RCP
LF
36
$29.00
36.00
0.00
$0.00
$1,044.00
9
36" RCP
LF
389
$59.00
333.00
56.00
$3,304.00
$22,951.00
LS
1
$10,000.00
0.80
0.20
$2,000.00
$10,000.00
10
11
MOT
SIDEWALK
SY
210
$25.00
�$1
i �168.00
42.00
$1,050.00
$5�250.00
C.O.#1
_
CROSS DRAIN REPLACEME
�LS
1 _
D21.00
_ 1.00
0.00
$0.00
$1,821.00
C.O.#2
REPLACE MANHOLE
LS�
1
$3,250.00
1.00
0.00
$0.00
$3,250.00
-
-
V17 0111 nn
S92.308.00
TOTAL COMPLETED TO DATE $92.308.00
RETAINAGE (01/ ) $0.00
SUBTOTAL $02,300.00
PREVIOUS PAYMENTS $48,939.30
AMOUNT DUE CONTRACTOR $43,368.70
WSOId ,HODLL C RSSOC iD:1-4U7-8('8-l8UUk I I --Jb
n L N �•�
Lawson, Noble & Associates
October 10, 1996 EN(IINEens • PLANNEns • SunvEVons
City of Okeechobee
55 SE 'Third AveilLIC
Okeechobee, Florida 34974
Attention: Mr. Chuck Elders, Director of Public NVoi ks
Re: City of Oleechobee t)raw Request No. 3
From K & K Coils tructiorl, Inc.
For Sidewalk Improvements
City of Okeechobee Contract No. MV 02-00-03-9611t3
L.N.&A. Project No. 94-282
Dear Mr. Edde.i s:
This letter is to certify that Lawson, Noble & Associates (LNA) has reviewed the attached invoice
Application No. 3, dated September 30, 1996 Isom K & K Constriction, Inc. for quantities and
mathematical accuracy and find it correct for the amount of work performed. Based upon this
illforrllation we recommend payment of the AMOUNT DUI: THIS APPLICATION of $19,595.17.
If further explanation is needed or if I can be of anther assistance, please call.
S i lleiRpl y,
drristopher, Knfer, .lr„ WE.
Project N anager
CJK/dsk
Enclosure
cc: Steve Vandersluis, LNA
M7'D-1o3 :-n 0io
Lawson, Noble h Assoclates • 590 N.W. Peacock Blvd., Suite 9 • Poll SI. Lucie, FL 34980 • PR(407) 878.1700 • FAX (407) 878.1802
Lawson, Noble A Webb, Inc. • 420 Columbia Dlive • West Palm Beach, rL 33109 • PR(407) 684-6686 • FAX (407) 684-1812
t�,WSO1J , NOBLE C ASSOC 1 Ll : 1-40 -8 r 8-1802 OC i 10 ' 9G 13 :28 L,lo . 00 r P.06
AITIACAI'ION HAI 1'AYNIE,NT it
TO:
C:ONTRAC:T FOR:
OWNER'S PRO.11"G1' H
ENGINEER'S PROJECIT 0
For mork nrcunipllshed 1111-ough div c)ntc vf:
We request payment for the following corn tletzd work;
1
('its of 01tce.chobee
fiidennlic Improvements
P1V 02-00-03-96 1113
94-282
Srptember 30, 1996
Item Cclnlrttt:t Completed Iinil
Oumrtih, Ounntily Price Extention
S\\' Silt Ave
1 4" Sidewalk Conshuction
911 SY
791.2
SV
'R0
515.20
per SY
$12,026.24
2 6" Sidewalk Conshuctton
41 SY
72.5
SY
c ..
S20,10
pet SY -
$1,457.25
2 6" DrivewayConstruction
III SY
33.9
SY
:it?
S19.55
per SY _
$662.75
3 Site Restoration, Otassing
1922 SY
1622
SY
,Ft)
$0.75
1)ey SY =
$1,216.5U
Subtotal:
$15,362.74
S\\'
21st Street
1 4" Sidemilk Construction
891 SY
697.3
SY
S16.20
pet- SY =
$11,296.26
2 6" Sidewalk Construction
31 SY
40.9
SY
c
S20.10
per SY =
$820.08
2 6" Driveway Construction
24 SY
16.9
SY
S19.55
per SY -
S330.40
3 Site Restoration. Grassing
M2 SY
1552
SY
i
50.75
per SY =
S1,164.00
Subtotal:
$13,610.74
S\V 3rd Ave
1 4" Side\\alk Conshuction
1003 SY
916.6
SY
S15.70
per SY =
5141,390.62
2 6" Sidewalk Construction
157 SY
161.4
S1'
S20.10
pet' SY =
$3,244.14
2 6" Drivev ay Construction
404 S1'
273.5
SY
$19.55
per SY =
$5,346.93
3 Site Restoration, Grassing
2006 SY
2006
SY
,c
S0.75
per SY -
$1,504.50
Subtotal:
$24,486.19
NNV 9th Strcet
1 4" Sidewnik Construction
294 SY
239.2
SY
c
$15.20
per SY =
$3,620.64
2 6" Sidewalk Construction
18 SY
59.1
SY
471)
$20.10
per SY -
$1,167.81
2 6" Drive��ay Construction
1R S1'
27.1
SY
:ai
S19.55
per SY =
S529.81
3 Site Restointiun. Grassing
599 SY
598
SY
ci?
$0.75
per SY -
$441.00
Subtotal:
55,759.26
N\V 91h Strect, (.7tnnge
Order•
tJl
1 4" Si(IeINnik C01131111di011
231 SY
249.9
SY
$15.20
per SY
$3,783.2R
2 6" Sidewnik G)mht1clion
19 S),
6.4
SY
+cif
$20.10
per SY =
$128.64
2 6" Driveway Construction
19 S1'
3.2
SY
�1
$19.55
pet. SY -
$62.56
3 Site Restorntim, Grassing
459 SY
458
SY
-c
$0.75
per SY =
$343.50
Subtotal:
$4,317.98
Gross
Amount. Duc:
S63„ 536.91
l,css 10%
Retalnep-e:
$6,353.69
Amount
Due to Date:
S57,183.22
Less Previous
Payments.
$37,598.05
\1iN IN`1'
DIJE
THIS ,\ TEICATiON:
$19,!5R5.17
Page 1 of 2
MOP" NOBLE & RISK I I! : 1--r10? UC l 10,916 13 : 29 Ho . UU j U r'
fhe undersigned C0NTRAC'"]-0R cerlilies thnt: (1) all preAnus progress I>atnlenls received front OWNER on
account of Work done under the co lmd referred to above have been applied to discharge in full nil obligations of
ONTRACTOR it in ccninccIion with \Vork covered by prior Applications tier 1'a)ill cut numbered 1
'lu-ough 2 inchlsive; (2) title to all \fork, mon inls and equipment incorpornted in said Wolh or otherwise listed
ill or covered by this Application for 1'aYnlent \vill pass to OWNER nt tune of pyinerlt free and clear of all liens,
AM, security Wiest and enculnbinnces ( except such as ale covered by 13ond ncceptablc to UWNI;It
indemn§ ing OWNER against any such lien, claim security, inlerest or incunlbrance) ; nud (3) all Work covered
by this Application for I'llY1110111 iS in acCCirdance with the Contract Docuniellis and not "defective" as that tern"
is defined in the Contract Documents.
Dated 19 It & k CmWrucHun, Inc.
C.oNTRACTOR
1,01 1 Im t
Page 2 of 2
E-7
CITY OF OKEECHOBEE
MEMORANDUM
TO: Mayor and City Council DATE: October 11, 1996
SUBJECT: HANDBOOK
FROM: John J. Drago, City Administrato
Enclosed are pages 12 and 15 of the Handbook. Page 12 deals with Worker's
Compensation benefits. Mr. Crosland recommends leaving the language as drafted. He
said that if you require medical reports as the criteria to determine 90 day extensions, then
you may have trouble denying extensions for other reasons. The way the section is
drafted, the City Council is free to extend or deny for any reason.
Page 15 was changed to reflect a concern raised by Lt. Baugh at the last Council Meeting.
The mandatory provisions in the last paragraph at the bottom of page 15 was taken out.
If all the changes are acceptable and there are no further changes, then the Council can
approve the new Handbook.
JJD:nb
Enclosures
GROUP LIFE AND DISA iRmaY INSURANCE
The City provides a paid life insurance policy for general employees. The City provides a paid life
and accidental death and dismemberment insurance policy for its Police Officers and Firefighters
pursuant to Florida Statutes. A non job connected disability insurance is provided for all full-time
City employees.
JOB CONNECTED INJURY BENEFITS
The City provides Worker's Compensation Insurance benefits to any employee injured as a result of
job duties. The City will secure immediate medical attention for an injured employee and furnish
competent medical services. The insurance plan provides for complete payment for medical services,
hospital charges and related therapy or treatment.*The City will pay the first seven (7) days an
employee has been temporarily disabled Worker's Compensation will pay benefits for periods
exceeding seven (7) days. The employee will receive the difference between what the Worker's
Compensation benefit pays and his/her normal salary equaling one hundred percent (100%) of his/her
normal salary if the injury is attributable to the employee's occupation in the City and is considered
as such under the Workers' Compensation Statute of the State of Florida and its rules and regulations.
This difference in workers compensation benefits and normal salary shall be provided up to 90 days
from the date of injury. Extensions beyond 90 days may be made by the City Council, in increments
up to 90 days. The employee will reimburse the City if the amount paid exceeds one hundred percent
(100%) of normal salary. This may be accomplished by the employee making a cash payment to the
City. Specific details can be provided by the Finance Department.
An employee who is injured as a result of job duties and is classified permanently totally disabled by
Worker's Compensation will be entitled to leave with full pay, which will be reduced by the benefits
paid to the employee by the insurance carrier for a maximum of ninety (90) calendar days. The paid
disability leave must be recommended by the employee's Department Head and authorized by the City
Council. An employee who remains permanently totally disabled after the allowed maximum
disability leave may elect to receive weekly payments charged first to accrued sick leave then to
accrued annual leave account. These amounts will be reduced by the disability benefits paid to the
employee by the insurance carrier, or an employee classified as permanently totally disabled may elect
to immediately cash out any accrued sick leave or annual leave.
UNIFORMS FURNISHED
The City furnishes uniforms to the employees of the Public Works Department, the Police
Department, and the Fire Department. Uniforms are also furnished to the City's Custodian.
12
4. Illness or injury as a result of outside employment are excluded, and absence as
a result of such activities shall be unpaid personal leave, not paid sick leave,
except as otherwise approved by Department I-Iead.
Example of where paid sick leave should not be used is outside employment
that also provides benefits such as worker's compensation, medical or other
employee benefits.
ELIGIBILITY
Regular and probationary full-time employees accrue sick leave on a calendar month
basis. Probationary employees are not eligible to receive paid sick leave until completing a
full calendar month's employment. Part-time, seasonal, temporary or emergency employees
are not eligible for paid sick leave.
BENEFITS
1. All forty (40) hour work week employees:
a) At the end of each complete calendar month the amount of 8 hours is credited to the
employee. No credit is given for the first month of employment if it is less than
fifteen (15) days. If fifteen (15) days or more, it shall be considered a complete
month. An employee will not earn sick leave credit in any one (1) month during
which sixteen (16) or more calendar days of sick leave, with or without pay, have been
approved.
2. All fifty-six (56) hour or Fire Department employees:
Per Month
1
1st Month - 1 Shift
Per Year
12
6 Months - 2 Shifts
Maximum
No Limit
Each 3 Mths - I Shift
REQUESTS, APPROVALS AND PROOF
The employee shall request paid sick leave in writing prior to the need for time off unless
an emergency has occurred which makes absence necessary, then the employee shall promptly
notify the Supervisor or the Department Head within two (2) hours of reporting time or comply
with Departmental rules in those sections essential to the functions of the City.
The employee will submit a Sick Leave Request Form immediately upon returning to
duty. A Sick Leave Request Form, prope.ly completed and signed by the employee and with
written approval by signature of the Department Head is required before payment for sick leave
is made. The Department Head may require medical evidence, or proof of need. Failure to
provide the requested evidence shall result in the leave being classified as unpaid personal leave.
15