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1993-06-15CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Page 1 of 15 '<.. IF- AGENDA COUNCIL ACTION ]I-YIINIIAI A. Call meeting to order on June 15, 1993 at 7:00 P.M. Mayor Kirk called the June 15, 1993 meeting to order at 7:00 p.m. B. Invocation offered by Reverend Ken McDuffie; Reverend Ken McDuffie led the invocation; Pledge of Allegiance led by Mayor Kirk. Mayor Kirk led the Pledge of Allegiance. C. Mayor and Council attendance: Clerk Thomas called the roll. Mayor James E. Kirk Present X Councilmember Danny P. Entry Present X Councilmember Michael G. O'Connor Present X Councilmember Jerry E. Walker Present X Councilmember Dowling R. Watford, Jr. Present X Staff attendance: Attorney John R. Cook Present X Administrator John J. Drago Present X Clerk Bonnie S. Thomas Present X Deputy Clerk Lane Gamiotea Present X D. Motion to dispense with reading and approve the Councilmember Entry made a motion to dispense with reading and approve the summary of Council Action for the Regular Meeting of Summary of Council Action for the Regular Meeting of June 1, 1993, seconded by June 1, 1993. Councilmember O'Connor. X KIRK X ENTRY X O'CONNOR X WALKER X WATFORD MOTION CARRIED. 101 102 June 15, 1993 - Regular Meeting - Page 2 of 15n70 AGENDA COUNCILMEMBER ACTION Y N A E. Motion to approve Warrant Registers for May, 1993 GENERAL FUND ........... $183,503.44 PUBLIC UTILITIES ....... $290,130.14 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. F. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION 1. a. Motion to read by title only, Ordinance 659 - City Attorney (Exhibit 1). Councilmember Watford made a motion to approve the Warrant Registers for the month of May, 1993, General Fund amounts being one hundred eighty-three thousand, five hundred three dollars, forty-four cents ($183,503.44) and Public Utilities amounts being two hundred ninety thousand, one hundred thirty dollars, fourteen cents (290,130.14); seconded by Councilmember Walker. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. Mayor Kirk asked if there were any addition's, deferral's or withdrawals of items on today's agenda. Councilmember noted there was not an item for the Council to hear from the Department of Community Affairs (DCA) representative as requested at the last meeting. Administrator Drago stated a letter was sent to DCA inviting them to tonight's meeting or a meeting of a later date and the City has not received any response from them. Mayor Kirk also stated this item could be discussed under number nine. Mayor Kirk opened the PUBLIC HEARING at 7.05 p.m. for Ordinance Adoption Councilmember O'Connor made a motion to read by title only, Ordinance No. 659, seconded by Councilmember Entry. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. June 15, 1993 - Regular Meeting - Page 3 of 15{L'�TE AGENDA COUNC►LMEMBER ACTION ILY N A F. PUBLIC HEARING FOR ORDINANCE ADOPTION Attorney Cook read Ordinance No. 659 by title only. 1. a. Reading of Ordinance No. 659 continued. 'AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA WHICH REPEALS CODE SECTION 2- 15 THROUGH 2-43 OF THE CODE OF ORDINANCE, AND WHICH ENACTS AMENDED CODE SECTION 2-15 THROUGH 2-43; WHICH ADOPTS STATE STATUTES; WHICH ENACTS ADMINISTRATIVE PROCEDURES AND FEES; AND WHICH REVISES CODE ENFORCEMENT PROCEDURES FOR THE CITY OF OKEECHOBEE, FLORIDA; AND PROVIDING AN EFFECTIVE DATE' 1. b. Motion to adopt Ordinance 659. Councilmember O'Connor made a motion to adopt Ordinance No. 659; seconded by Councilmember Walker. Councilmember Watford commented that he appreciated the council changing the "repeat violator" definition to two years from five. However, he still objected to the Administrative Fees set out in "Section 2-19", citizen's fees assessed before being judged guilty. 1. c. Public Comment. Mayor Kirk asked for any public comments. There were no comments. 1. d. Vote on Motion. Mayor Kirk called for a vote: X KIRK X ENTRY X O'CONNOR X WALKER X WATFORD MOTION CARRIED. CLOSE PUBLIC HEARING Mayor Kirk closed the PUBLIC HEARING at 7:07 p.m. 103 .04 June 15, 1993 - Regular Meeting - Page 4 of 15 �/3TE AGENDA IL COUNCILMEMBER ACTION ILY] N IFA] G. NEW BUSINESS 1. Motion to approve a partial pay request to Edens Motion was made by Councilmember Watford to approve a partial pay request (#5) to Construction int he amount of $74, 739.23 - City Edens Construction Inc in the amount of seventy-four thousand seven hundred thirty-nine Administrator (Exhibit 2). dollars, twenty-three cents ($74,739.23) (for the CDBG Grant Water Main Improvements) upon the recommendation of Engineer Bill Reese; seconded by Councilmembers O'Connor and Walker. Councilmember Watford questioned Engineer Reese's letter (Exhibit Two) concerning the time issue. The contractor is requesting a thirty day change order for extra time. Engineer Reese recommended twelve days be granted. Administrator Drago stated that will be discussed at a later date. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 2. Motion to approve a partial pay request to Better Councilmember Entry made a motion to approve a partial pay request to Better Roads in Roads in the amount of $15, 783.26 - City the amount of fifteen thousand7 seven hundred eighty-three dollars, twenty-six cents Administrator (Exhibit 3). ($15,783.26) (for Phase l/ of the Paving Program) upon the recommendation of Engineer Dan Willard, seconded by Councilmember O'Connor. In answer to Councilmember Watford's question, Administrator Drago stated this is the first pay request for Phase 11. Mayor Kirk asked Engineer Willard if in his opinion this amount was justified for the amount of work completed. Engineer Willard answered yes. June 15, 1993 - Regular Meeting - Page 5 of 15 }►pTE AGENDA COUNCILMEMBER ACTION Y N A G. NEW BUSINESS 2. Better Roads continued: Vote on motion is as follows: KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 3. Motion to approve the termination of Officer Jo Councilmember Entry made a motion to approve the termination of Officer Jo Eide; Eide - Police Chief (Exhibit 4). seconded by Councilmember O'Connor. Attorney Cook brought the Council up to date explaining the Council voted on February 16, 1993 to grant Officer Jo Eide a ninety (90) day administrative leave of absence period without pay. The purpose of this leave was due to a relapse of a pre-existing work related injury prior to her employment by the City because she had problems performing her duties as a full-time Police Officer. She was due to return back to work on May 19, 1993. During this time period Chief Mobley has had to work officers on extra duty. After lengthy discussions on this matter, Chief Mobley and I feel due to the actions of Officer Eide, in failing to return to work and not notifying the Police Department, has put a strain on the Department, and we feel we qualify for neglect of duty. Officer Eide has been notified of this and she does have the right to address the Council. Officer Jo Eide appeared before the Council stating she has prepared a letter for Mayor Kirk, the Council, all department Supervisors present and Attorney Cook. She then read her letter as follows: "Today (June 15, 1993) 1 tried to submit a request for a Review Board Grievance Committee meeting with Chief Mobley via chain of command. My initial Departmental Correspondence was to Captain Farrenkoph, he was not in. The Chief did not go into detail but did tell me I had to request this action through Bonnie Thomas, Personnel Director. I then added Mrs. Thomas' name to the correspondence and took it to her. She told me she did not know what to do with it. She asked me if it was in reference to my termination, I replied yes. 105 106 June 15, 1993 - Regular Meeting - Page 6 of 15 11 AGENDA 11 COUNC►LMEMBER ACTION JE]LN]FA] G. NEW BUSINESS 3. Termination of Officer Jo Eide continued. She then left her office, I waited, she returned to tell me that It was out of her hands, she told me that I could make a request through the City Council before my termination came up on the agenda, it is at this time that I am making this request. I would also ask that my termination would be postponed until the next meeting or until I receive the results of a Review Board/Grievance Committee meeting. After going through the chain of command I was left with the impression that my termination was already official before this meeting started. I would also request at this time that I would be placed on light duty until a resolution of my physical disabilities can be resolved In the best interest of the Police Department and myself. I would like at this time to exercise my rights under the Florida State Statutes as a Police Officer to request a hearing by Review Board/Guidance Committee before any termination action be taken. If the Council does not accept this request at this meeting then at this time I would request the termination action be postponed until my legal Counsel Is here representing me in my behalf and my Interest as presently the legal counsel for the City is here in the behalf of the City Police Department. Respectfully submitted, Jo A. Eide." Officer Eide continued she would also like to say, at no time have l met with Attorney Cook or talked to him in this matter. l have reported to the Chief every time that I have been to the doctor and given them a update on my condition. Prior to May 19th l called the Police Department to speak to them to tell them that my next appointment was for May 26th. I spoke directly to Chief Mobley. I have logged, kept records of all my meetings with them and conversations thereof since this thing started back in October. Attorney Cook explained according to the personnel manual for the City, Officer Eide's request for a Review Board/Grievance Committee Hearing would be appropriate. Officer Eide also stated to the Council she had stated to Chief Mobley by a certified letter dated May 8th that she did want her job. June 15, 1993 - Regular Meeting - Page 7 of 15 11 AGENDA 11 COUNCILMEMBER ACTION II Y II N II A 11 G. NEW BUSINESS 3. Termination of Officer Jo Eide continued. 4. a. Motion to read by title only, and -set July 6, 1993 as the Public Hearing date, Ordinance 660 - City Attorney (Exhibit 5). Following brief discussion among Council and Officer Eide, Mayor Kirk suggested at this time that we not ask anymore questions, she has asked for a review board, she has a legal right to do that, so 1 think that in my opinion l would suggest to you that we take the motion and second off the floor and this could be resubmitted at another time if necessary and start the due process that she is entitled to. Councilmember O'Connor removed his second to the motion. Councilmember Entry removed his motion from the floor. Officer Eide thanked the Council. Councilmember O'Connor made a motion to read by title only, and set July 6, 1993, as the Public Hearing date, Ordinance No. 660; seconded by Councilmember. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Attorney Cook read Ordinance No. 660 by title only. -AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING THAT ALL AREAS WITHIN THE CITY LIMITS OF THE CITY OF OKEECHOBEE SHALL BE EXEMPTED FROM THE APPLICATION OF CERTAIN TERMS AND PROVISIONS CONTAINED 1N OKEECHOBEE COUNTY ORDINANCE NO 92 20 WHICH PURPORT TO REPEAL CERTAIN OKEECHOBEE COUNTY ORDINANCES IMPLEMENTING THE CITrS ►NTERLOCAL AGREEMENT WITH OKEECHOBEE COUNTY CONCERNING THE CONSOLIDATED OKEECHOBEE COUNTY BUILDING AND ZONING DEPARTMENT, PROVIDING FOR SEVERAB►LrM PROVIDING FOR AN EFFECTNE DATE X X X X X 107 June 15, 1993 - Regular Meeting - Page 8 of 15 AGENDA COUNCILMEMBER ACTION N A G. NEW BUSINESS 4. b. Motion to approve the first reading of (I Councilmember Entry made a motion to approve the first reading of Ordinance No. 660; Ordinance 660. seconded by Councilmember O'Connor. Councilmember Watford questioned if this ordinance would create any more controversy; does the City have the authority to pass this ordinance; and have we discussed this with the County? Attorney Cook stated he had discussed this with County Attorney Cassels. His understanding is Attorney Cassels understands what the City is doing, and he has not stated any objections to it. The City does have the authority to pass this ordinance. Attorney Cook continued further stating, you can read the ordinance and tell that it is tracking the history of the various County ordinances and interlocal agreement with the City that dealt with the consolidated building department and the last ordinance that this ordinance refers to deals with the County's Land Development Regulations. Those regulations contain some rules and requirements that not only apply in the County but apply within the City. In other words the County ordinance will have legal effect within the City Limits of Okeechobee. We are saying that we have a valid municipal purpose in enacting this ordinance, in electing to not be under the provisions of the County ordinance that apply within the City Limits. Councilmember Watford stated he hoped we (City and County) are working together on this and he did not want to do anything that could be misconstrued. Attorney Cook stated that was not the intent with this ordinance. It has been discussed with the County Attorney in advance and he did not think that he interprets it that way. Mayor Kirk commented he thought this was something that we will all look at a little closer prior to the next meeting and he will reserve comment until then. June 15, 1993 - Regular Meeting - Page 9 of 15}; -]IAGENDA COUNCILMEMBER ACTION Y 11 N1[ A G. NEW BUSINESS 4. b. Approve first reading continued. Mayor Kirk asked if anyone else wished to make a comment. There were no further comments, vote on the motion was called. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 5. Hear from Beach Water Association - Mr. Burton Attorney Burton Connor representing OBWA (Okeechobee Beach Water Association) Connor. appeared before the City Council as instructed at the last regular meeting of June 1, 1993. Attorney Connor summarized the discussion from the last meeting and again stated the OBWA request. He then continued that OBWA would now like to revise their request. "We have revised our request and we are simply asking that you (the City Council) agree to the existing customer base. We have a print out of all of our customers in your claimed "180" service area it totals 2,043 customers. We have the names and addresses and have gone to the Okeechobee County Property Appraiser's Office and obtained copies of their maps and located those customers on this map. The only refinement that may need to be made is, some locations have a master meter that serves two or three lots and we need to look more closely at the Property Appraiser's map and compare that with our address." Councilmember Watford questioned, when we take this action will we, once and for all be giving up that area that we have claimed as the "201 Service Area"? Attorney Cook responded, no it is not a formal relinquishment of the area at this point and time. But, recognition by the City to the SFWMD (South Florida Water Management District) that we recognize OBWA serves these customers and we do not object to them serving them in the future. 109 ►10 June 15, 1993 - Regular Meeting - Page 10 of 15E., , tTE AGENDA COUNCILMEMBER ACTION Y N A G. NEW BUSINESS 5. Beach Water continued. Councilmembers Walker and Watford questioned if this would jeopardize or weaken any of the remaining areas? Attorney Cook answered, this particular request they're making, no he did not, however, agreeing to this request in no way guarantees or prevents OBWA from filing a law suit against the City, either. Councilmember Walker discussed with Attorney Connor, if the subdivision, Kings Bay, was included in the customer list? Attorney Connor explained the acquirement of Kings Bay water plant, further stating OBWA holds the mortgage on it and control's it. Discussion ensued, Attorney Cook commented considering the alternative to not agreeing and the relatively nominal impact of agreeing to the OBWA request, it would be his suggestion that the Council grant permission for OBWA to serve their existing customers so they can get their consumptive use permit. Discussion continued further. Councilmember Walker made a motion that we (City Council) approve to allow them (OBWA) to serve the customers on that list subject to review by our staff, or whomever, our engineed with no added lines or anything like that, just to start to have that review for a consumptive use for that exact amount of people (customers) after it's been reviewed by the Administrator (Drago) Bill (Reese Engineer and the attorney (Cook) • seconded by Councilmember O'Connor. Councilmember Watford clarified, basically we are agreeing with OBWA, for purposes of the SFWMD consumptive use permit, that they are allowed to serve their current customer base as evidenced by the print-out of their customers and their engineering (property appraiser's) maps? Council concurred. Engineer Bill Reese also addressed the Council explaining: the City already has their consumptive use permit for the ground water treatment plant (wells). The SFWMD might reduce the City's use permit amount by the amount the City gives to OBWA for it's customers. He did not know if they have the right to come back and reduce it at any time, but certainly they do have the capability to reduce it at renewal time. June 15, 1993 - Regular Meeting - Page 11 of 15 AGENDA COUNCILMEMBER ACTION Y N A G. NEW BUSINESS 5. Beach Water continued: 6. Hear presentations for Civil Engineers - City Administrator (Exhibit 7). Council and staff discussed this issue at length. Attorney Cook and Councilmember Walker felt the answer to Engineer Reese's question should come in the staffs review of the customer list from OBWA. Following much discussion, Attorney Connor clarified, your suggesting the outside limit of when this would be resolved will be your next meeting July 6th. If staff reviews it (customer list and maps) and it looks like the list is okay and the map is okay and the SFWMD is not going to have a problem, then the Administrator (Drago) is authorized to send a letter to the SFWMD confirming that this is acceptable. And if it looks like there is a glitch then we are back on the agenda for the 6th, you decide whether we get the letter or not? Council agreed. Mayor called for a vote on the motion: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. As requested at the last meeting the City Council heard a fifteen minute presentation from civil engineering firms before a final ranking order was decided. Mr. Bob Lawson of Lawson. Noble & Associates appeared first before the Council. Mr. Lawson introduced other members of his firm that were present and gave a background summary of the types of jobs the company has completed and the area. The next company was Knepper & Willard. Inc.. Mr. Dan Willard, Dale Connor and Jack Powell all addressed the Council giving background information and listing jobs they had done for the City. X X X X X 111 112 June 15, 1993 - Regular Meeting - Page 12 of 15 AGENDA COUNCILMEMBER ACTION CY N A G. NEW BUSINESS 6. Civil Engineers continued. 7. Hear from Knepper & Willard regarding the Wastewater Treatment Plant Expansion - Mr. Dan Willard (Exhibit 8). The last company to address the Council was Mock, Roos, Inc. Mr. Robert Walker, Cherie Sova and Timothy Smith all gave a brief summary of what their particular position would be if retained by the City. Following brief discussion after the presentations, Councilmember O'Connor made a motion to stand by what the Department Head recommended and rank the engineering firms in the following order, authorizing Administrator Drago to begin negotiations; seconded by Councilmember Watford. 1. Lawson, Noble & Associates: 2. Knepper & Willard. Inc.: 3. Mock, Roos, Inc. Councilmember Walker stated he felt the ranking should be Mock, Roos; Lawson, Noble; and Knepper & Willard. Vote is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Engineer Dan Willard appeared as instructed by Council at the last meeting. The recommendation in Engineer Willard's letter (Exhibit Eight), is that the City proceed with expansion of the existing wastewater treatment facility to a capacity of 1.2 MGD (million gallons per day) AADF (average annual daily flow) and 2.0 MGD for the maximum month, utilizing an extended air oxidation ditch activated sludge facility. Depending upon final process selection and the out -come of the detailed designed phase, the construction cost for this treatment facility should be in the range of $3,200,000. to $3,800,000. X X X U X June 15, 1993 - Regular Meeting - Page 13 of 15E :> AGENDA COUNCILMEMBER ACTION Y N A G. NEW BUSINESS 7. Wastewater Treatment Plant Expansion continued: This amount does not include expansion of the reclaimed water system; any associated non -construction costs such as administrative, engineering, construction administration and legal, and contingencies or financing costs. Further recommendations (also noted in his letter) are: the City continue with its effluent reuse program by making reclaimed water available for agricultural and other irrigation uses. Accept the preliminary engineering report. Authorize the City administrator to commence contract negotiations with Knepper & Willard, Inc. for the detailed design phase. Mayor Kirk commented that everything that we are doing here, or proceeding in the direction here, is still subject to finding some off site reclaimed water users? Engineer Willard answered we are strongly encouraging that the City do that. Councilmember Watford made a motion that we authorize Administrator Drago to begin negotiations with Knepper & - Willard Inc. for Phase 111 of the Wastewater Treatment Project to expand the wastewater treatment plant to 1.3 MGD, and to proceed with off - site effluent disposal program: seconded by Councilmember Entry. Councilmember Watford also commented he had the opportunity to visit the Apopka wastewater treatment plant last week and it was extremely interesting. Vote on the motion is as follows: KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 113 114 June 15, 1993 - Regular Meeting - Page 14 of 15 R � AGENDA COUNCILMEMBER ACTION ILY]UN LA G. NEW BUSINESS 7. Wastewater Treatment Plant Expansion continued: 8. Discuss the Comp Plan litigation - City Attorney (Exhibit 9). Councilmember Watford also questioned monies the City contributed to the trip taken by City employees to tour a wastewater treatment plant in Denmark. Administrator Drago stated the only expense on the City's part amounted to approximately eighty dollars and he listed those items. Attorney Cook informed the Council he met with John Cassels (County Attorney) and Burton Connor (OBWA Attorney) last Thursday morning (June loth). As he explained at the last meeting, Attorney Mike Morrell worked up a final package to send to Attorney Cassels of some Comprehensive Plan language amendments and also some language dealing with the franchise ordinance they passed in reference to OBWA. When we met we went through the language contained in the package section by section to see what we did and did not agree on. l had anticipated to have the final language for you tonight so that we (Attorney Cook and Morrell) could recommend to you to approve, and in essence "put those items to bed". The County is meeting Thursday (June 17th) to hopefully do the same thing. / fee/ we are down to, not paragraphs or pages of documents, but sentences and words on interpretation. Attorney Morrell will be staying over tonight. He and I are going to work on it in the morning. We are going to get a proposal over to Attorney Cassels. And if we can work out some of these last language differences we have, we hope that Attorney Cassels can present a similar proposal to the County Commission on Thursday for a approval and in which case l would probably request a special meeting next week for the City Council to address this. We are very close and / feel being this close that we will come up with something that we can recommend and we will know in a couple of days. Mayor Kirk commented that this news was excellent and was good to hear. 115 June 15, 1993 - Regular Meeting - Page 15 of 15 AGENDA -71 COUNCILMEMBER ACTION Y N A E. NEW BUSINESS 8. Comprehensive Plan Litigation Continued ADJOURNMENT NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EWDENCE'UP-4 WHICH THE APPEAL IS BASED. G e Jame 'rk, MAYOR ATTEST Bonnie S. Thomas, CMC, CITY CLERK Council discussed a representative coming from the DCA (Department of Community Affairs). As Administrator Drago stated earlier, the letter invited a representative to come to tonight's meeting or another meeting. Council agreed a special meeting could be called in order to meet with someone. Council also instructed Administrator Drago to call DCA to follow up on the letter that was sent. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 9:12 p.m. 0 • VERBATIM 6/15 3 ITEM G.5. Hear from Aeach Water Association - Mr. Burton Connor 1=6 Attorney Burton Connor representing OBi appeared before the Council and stated, that we appeared and requested verif within your claimed "180" service are (South Florida Water Management Distric time that there appears to be an overla requested to serve and the service ar consumptive use permit. (Okeechobee Beach Water Association) Cf you recall that at the last meeting -ation hopefully an undisputed area that OBWA is servicing. The SFWMD takes the position at this point and between the service area that we have a that you have under your existing And the SFWMD has sent correspondence and your staff is aware of it that says that if we can demonstrate that there is an undisputed area that we are serving of customers that we are serving they will go ahead and issue a permit and base an allocation for those customers that are undisputed. Last time when we were here we were mak that is adjoining our existing lines in we've got it if you want to look back uncomfortable with that position'ao we Aluik n that You agree to the exj our customers in your cla w lir 'haire t1ie es we a -ye ro eity* a'rie 'and ofttastc a tt'� 't►e - �i`e`w ' �'e�:1dl�"�'�!!''tll+ d g a t o m e is welcome 'to review it or whatever, verify you do not dispute that we are claimed "180" service area. _Mayor Kirk stated,,I believe you met wi up with about the same conclusion as wha ago ... (Atty Connor - yes sir) ... cause I when I saw what you preseatedbut I coi time. I would like to ask.1our attor conversation with you in the last few taken a completely almost unbelievable c not true, from what you were telling me a...(Atty Cook - yeah)... ,attorney Cook interjected, I don't kno� direction it's the same request they a means that Burton and I have discussed submit as an agenda item this evening bu although I think we have made a lot overtures that I think will be attrac finalized those discussions so I think j SFWMD they need some direction from tl should be whether the Council would ton the existing customer base they have if that to the SFWMD and get as much in th would be subject to myself and our eng Connor> has. I also have in my office t the lines and there may be, I can't, not us from what he's got there, I don't' kn on some in -fill. In other words, is th simply for the exact number of customers or do their lines. .,.(Walker - that's something)... Attv Connor get it and asking will And like I addresses, .interjected, we are cutting we are tonight simply to make you acknowledge to the SFWMD say we'll give you an itemi we'll give you a map that sh The only thing, we've been working over only 1.e►a klm a�slt_ ,L teat ,may need t4 ,a a that serves two or three 1 at appraiser'$ map and comve: than at, t at is the only refinement identify those lots that map be served And all we are saying is can we agree, th F I L E ig a proposal that we define property he ground and I have the map here and : it again. And apparently you were ve rerteed our request aA area t as customer base„ WE have �t. Led '4180" service area it total 2.01 e addresses. WA also rime_ on in' co ,their map or Reriea o i_.on t`hi Certainly your staff ut we're asking Council tonight to serving these customers within your i the Clerk <Thomas> and you've come she had darkened in for us some time )n't think that's the way that looked d be wrong, it wouldn't be the first �y a question. I had a telephone Lys and it seems once again we have Inge of direction here again, is that : was excited that we were moving in if tonight's request is a change of de at the last meeting. It simply some proposals that I had hoped to I was unable to because we have not, progress and they have made some Lve to the City Council we have not st to expedite their use permit with Council as to I think the motion ght permit OBWA to continue serving Lat's the case as he said he can take use permit as he can obtain. That Leer reviewing the map Burton <Atty engineering maps from OBWA showing finless Burton <Atty Connor> can tell W if there is going to be a question Council going to grant permission hey are currently billing each month iat I think he just gave us 2,000 )ack to the bone as tight as we can as easy as possibly for you, simply hat we can serve existing customers. sd list, we'll give you the street rs where they are located. his the last two or three days the be made is some laca�ioRfi.,&0% hays is and we need to look more closgl,j that with our a sss_. But other :hese map are going to need is to a master meter. is not in dispute, those customers. As I mentioned before as far as other• areas where there's not currently a meter or other areas where neither one of us have lines, that's something to be decided down the road hopefully by an amicable negotiation and settlement process. Mayor Kirk asked to Atty Connor, I gat r then that you are not as close to being in agreement as our attorney inks you are, it doesn't make any difference on how I feel about this bu I'm asking that anyway, is that correct? AttT Connor responded, I told you lam time I was here I thought it would probably take months to negotiate this thing out were both sides are going to be completely satisfied with an agreement that in theory would bury the hatchet for all times in the future. Major Kirk, interjected, good, I hope we can reach that. If we do this is this going to cause us any problem? Atty Cook answered, if we simply as he said to get his end moving, seeking permission'to, seeking us to inform the! SFWMD that we do not object to them serving the customers they presently have and I don't' think we have months to work on a final resolution of the service area but we certainly have some weeks and that's what we want to conti a working on. Mayor Kirk then stated, I think I made the comment last time that I had no problem with what you were already serving even though and you and I didn't agree on some points and I still feel the same way I personally don't have any problem with your customer base that you're now serving those customers and that is what you are asking for. I'll open it up to the other councilman. Councilmember Watford commented, I take once and for all be giving up that area t Area', that portion of the area e giving it up?... (Kirk and Cook, -V.6.4. area that the actual customers)... no I further action that would be required foi these customers from the operation of ou this is certainly the first step in dtstomers you know we have and you've g a defacto amendmnf to our claiming,,, se question, no it's not a formal re1164*1 to, fte These customers ems'R akject to doesn't jeopardize any of the retaining a it weakens ours for the future)...(Co' making, no I don't.)...do you <to Atty said? t, when we take this action we will, at we've claimed as the "201 Service Lll be officially once and for all Walker,_- we'd just be giving up the 3n't think that's...(Cook - there's us to formally recognize and release claim although practically speaking t,would -"VA position serve these inter` up permission so it's sort of rice area clain,04But to answer you amen-t of the arelk at this point and �� we recognize BWA serves .7. t+aa i�,.u. ► .. ,and it ea .. (,Walker - you don't feel like - this particular request their onnor> agree with what he has just Atty Connor responded, it would be a conflict of interest for me to give any legal advise ... (Watford - I didn't ask you for legal advise, I asked you for an opinion) ... I can't give that opinion, it's not proper for me to do so... (Watford - will you do me a favor a answer my question from last time, you don't have to do it right now) ... after the meeting. Councilmember Watford stated, I don't th k it's unethical for you to answer. I don't' agree with your definition of thics there. Cause I think your setting us up, I think that's what your oing. _Mayor Birk commented, this is complete] share this with you. In going back and d going to do. And having all this out started to nose around and look at what didn't realize but she was kind of read9 too. And finally she stopped me and said to her you were representing your clier flipped over and said well if you read t they are at City Hall. And I know that To somebody whose been removed from it that your here because your forced to be probably will go to war at some point ovi I've read it and I have very strong opi problem with your customers that you are problem with that part at all. And the a to cause us a problem so the right rest of off the subject but I'm going to Lag my reading that I told you I was ,n the table, my wife came by and was doing. And the more I read I g along and searching through this 'hat's going on here and I explained s and making this request and she is over here it's pretty clear why �esn't have anything to do with it. ad doesn't have the slightest idea here and we understand that and we this. I've gone through this and ions on it. But I don't have any arving right now. I don't have any :orney <Cook> says that's not going you can say your part and if that's FILE the wayfeel • you eeI assume we need to pq or leave it go, one of the two. • a motion on the floor to that effect .Atty Cook ,stated, let me clear up one a,asing to this, n no way guarantees i agatAst the City. Law Suits, any body direction they want to head if we don't # it's up to the Council to determine if 'Vouncilmember Walket asked Atty Connor, j rims up the fact ya' ll just bought Ki system. I would �ike for our staff that, if that to e - _� ---- ,•g -- s a —sin le customer how Atty Connor responded, let me clarif concerned. in s Bay is, there is a n i Water Company that actually owns Rin__11 ing, when you say problem, you know Prevents OBWA from filing a law snit can file one. So that may be the E*turned tape 1 over to side 2*** and e want to permit that. on one thing, -on the customer base. ,s Bay not too long ag,o. right. their view that and determin$_a an wer on at will be handle. something as far as Rings Bay is profit corporation called Rings Bay R plant. There are three members to the nonprofit o nization. they happen to b$ three directors fro$ the 0$WA. The reason t t we did that is because there is a third party lenef_iciary+agreement_betWej' n the ioee oiaers*-association is Lin" Bay which in�essehce�sa�s-any time you giant to do a rate increase you have t bring it betore them and discuss it and et 'their approval or what®v� whi is fotallT d'iff'erent from the way we 4-indle rate increases with the OBWA T hat "s the only ,reason that bBVA didn't 7ic` ially require the Rings Bay p1iaz but OBWA is the one that loaned them mo to Rings Bay Water Con may tad buy rt so wee in essence hold the mortgage _it_'_and_ we control it. okay. Rings Bay U no£ -included on tli _fist..,"(Wa L cer stated, that's what I wanted to know) .... Kings Bay is not included. The 2,043 customers... (Walker.- you've answered my question)... does not include Kings Bay, okay. Mayor Kirk commented, for myself I'm going to follow our attorney's recommendation of whatever it's going t be here. And I think you said this, help us out here <to Atty Cook>. Atty Cook responded, unless the City constructing their plant or some plan system and purchase it which the City is then submitting to the SFWMD the Cit: existing customers will have little c subsequent action whether it's an agre suit, there's some legal issues involve either the City or OBWA that aren't goj great degree by this agreement for perms in other words, if you determine that package deal with OBWA we aren't going t to proceed with their consumptive use retained Counsel who feel they can obtai of the City's input. Or they would imp some determination of their rights verse alternative to not agreeing and the rels would Y"' � t he�",Gaaac it g customers -_so t ay can _&e' Councilmember Entry,,commented I don't any problem with them serving their custi with Councilmember Watford, I'd just lik I don't have any problem with them cont Councilmember Watford,interjected, I the are at a disadvantage here. And many of something to this effect at the last meet in to play, whereas every thing we say body to see and every thing that a lot c of anything here, it's just a fact that presented whatever they want presented benefit of all the discussion that has F of that sort. Whereas the other side a] real dilemma for us to determine what's we're really in the middle. If we don't of us feel like, I don't' think anyone % OBWA should be allowed to service the cui think any body disagrees with that. M that's my great fear. But like I say morally bound to do this. I don't guess as some plan to prevent OBWA from o some how condemn the entire OBWA certainly has not that's our plans, s consent for OBWA to serve it's no effect, little effect on the vent with OBWA, whether it's a law in the areas that aren't served by g to be decided or effected to any Sion. Failure to grant permission, ao unless we can reach a one time deal with them at all, OBWA intends permit, it is indicated they have some type of use permit regardless diately commence a law suit to get ours, i o consi is the ively Admi-31-7,71k,pact of afee� ag AX" WAJ4A iygn for OBV4 to ' serve ve any problem, and never have had ars down there, I'm just going along to take a small step at a time. But uing to serve. k we in a, unfortunately I feel we s we are because and I kind of said ig but this is where it really comes id do is out in the open for every people, and I'm not accusing OBWA 'hen we get presented things we get And so we don't' have the full ne into that decision or any thing ays does and I think it presents a t our best interest and I feel like ;rant this request, and I think all uld disagree with the continuation :omers they currently have, I don't only fear is what comes next and f we don't do this, we're almost we're legally bound to do it, but FILE we're almost morally •und to do it bi of Okeechobee I don't know if, I'm no us to do, but I, at this point, do solutions or suggestions that we can i ,Attu Cook responded, part of your conce actual language we'll work out for subs essence a limited application for a co itself, may reflect that limitation,,, got and the other areas at this time a .Mayor Kirk then stated, and we will fig they don't' come to an agreement and attorneys, we're going to be some whet we're going to know it. Councilmember Walker, is there anymo motion? „Councilmember O'Connor•.I'd like just t a problem just as some of the others existing area that they have been s servicing it, they've got the customer thing that don't like is that it almos with a law suit if we don't do it and i a law suit even if we do do it down the of the area and I just don't like beinj sounds like. And Burton <Connor> you a Attv Connor stated, I maintain tonight meeting, hopefully this is going to be 3 settlement. My Board is not interested to litigate this, I don't think the Ci those kinds of sums on legal fees and ea we could come to a mutually satisfactor all times. If we can't then one of the the issue. Who does it first, it just c the tightest squeeze, or whoever feels can't stand the pressure anymore that's court first and say judge decide who ge n as a representative of the citizens convinced this is the best thing for t see, or haven't heard any other ke. s I think, could be addressed in the sion to the SFWMD because this is in umptive use permit. And the permit ,OBWA's going to serve what they've simply not being addressed. : this out at some point and time, if terms that we can accept, the two fighting it out. If it's a set up discussion, do we need to make a say one thing here is, I don't' have ,ve said about doing this for their ,vicing cause god knows they been List and everything else. The only sounds like we're being intimidated s like we're being intimidated with -oad on this other issue of the rest intimidated at all. That's what it 3 I talked about this before. as I maintained last week, or last solved by amicable negotiations and i spending $75,000.00 to $100,000.00 Council is interested in spending art witnesses. It would be great if agreement and bury the hatchet for ,her of us is going to have to force pends on who feels like they've got ike they're to the point were they going to be the one to jump in the i what. C a�r4_1 mer-- hP-r 1.n' Qn W , I call the question. Mayor Kirk, well at this point we don' So if anybody wants to make a motion, n Councilmember Walker made a motion that John <Cook> you can jump in here anytime y o serve the customeraL on,, that, list subl oa ea iaedcr,,"K'' no added lines at erptive use < v t e Xdainistratorl :h4 attorney <Cook>. Seconded by Counc jKavor Kirk% discussion, <to Atty Cook> Atty Cook, yes that covered it. Councilmember Watford, we have, basic purposes of the SYM ceaaaaptlwe ase. po; their current 'c fstoaer base as"" iViXence 11 undue` her _eAg n ng-maps. r .Attu Connor interjected, this is a propez the address and indicated it on there and accurately plotted it. Let me also mentii Tom Colious who is the SFWMD person rei asked him I said, in terms of describing customer list and we give you a map that located is that sufficient and he said ye; to say yes we verify yes we agree with their looking for because from that they do a calculation on how much water we nee those people. have anything on the floor do we? is the time. we, I don't know how to word this, Du want to, Mre approve to aU,2v then t to rAvieoeve a 68vt :CUM that r that erset, of People aftak >- ail <ae�_�nglaeer> and :member O'Connor. d we get everything in there? ,ly we're agreeing with _ QBWA for the. P a are allowed to nerve Tit that the Tint out Of their customers y appraiser map where we have taken ,our staff needs to agree that we've L to you, I discussed yesterday with eeing our permit down there and I what's undisputed if we give you a shows you were these addresses are and if the City will sign something Lis list in this matter that's all :an do a population projection and to suck out of the ground to serve FILE -mil �'�a- 1 E fy..,i'2sreme commented to the C I wanted suggest, the only thing you through my mind, I don't know what SF your consumptive use permit, the possil re IgZotiate_y_ours_ onthe amount that., Engineer Reese says here on the tape, have, he questions if SFWMD will gn bacl .permit for the ground water treatment I WA ...it is a possibility but not su acil, just sitting hear listening and .ght want to consider, this just ran ID position will be as it relates to .lity exists that they_may attempt to ('you cannot understand exactly what however in my handwritten minutes I and reAuca thm City' a consumptive use .ant (wells) by the amount they grant Councilmember Watford, do we current have that, we have received that <permit>...(Reese - yes)...but they can ome back and reduce that? ... (Reese„- I don't know, I've never really done at, I think they have the capability at any time to permits cer inly if they have the capability at renewal time (cannot hea Reese on tape).... Mayor Kirk asked, how are we going to know this? nstineer Reese answered, I would asked on tape) `Mayor Kirk then responded, we sure don' to fight with anyway. Cannot hear Engineer Reese's response. Mayor Kirk interjected to Atty Connor, ,Atty Connor commented, you're talking o that one whole heartedly. Engineer Reese explains the lake is oni says) (cannot hear Reese want to ask them. They're too hard 'm not referring to you at all. out the SFWMD and agree with you on hing (cannot hear the rest that he AttT Cook stated, 'I think the answer that question should come in ouir a et..ker _ yea I think it would a when we Look at the castomer baser n ft" will Tome out then with our taff, I think we can get an answer rm ft Soon -done there,# I agree withtohn <Cook>) Mayor Kirk asked, you're going to take care of that? Atty Cook responded, I'll get with Bill Reese>, the thought occurs to me if the time we got that consumptive use rmit the SFWMD knew that OBWA was leaving in October of 94 didn't they? Inaineer Reese answered, DER did, but S ,Atty Connor asked, let's assume worse c the answer"is going to be. Let's assume to have to adjust, if they take that po that when we allocated this water it was i to be serving these people as part of it. these people then shouldn't we have that I mean if that's what you in essence jui the ground for because you were including them, if your saying to us tonight you he people then what's the problem with sayi for those people? I'm not asking for a number of people generated that you just much water out of the ground, what's the allocation? didn't ;e scenario cause I don't know what he SFWMD says yeah that we're going tion then obviously they're saying Le understanding that you were going If you're saying yes we can service llocation that goes with this list? .ify sucking that much water out of these people and you are now carving e not problem with us serving these 3 the allocation should be adjusted ymore but whatever it is that this fied to the SFWMD for sucking that problem with OBWA getting that same Councilmember O'Connor responded, for o rs it would be for future customers if'we were ever going to try to build i back up to what we lost from OBWA, not at one time, but over a period of years. Mayor Kirk also commented, it would be asier to expand, that's what he's saying. I think John <Cook> you're going o have to get with Bill <Reese> and have an answer on that. I don't know t at you're going to be able to get a definite answer on that. Each Councilman ill have to search you heart on the vote here. ,Atty Cook asked, is it going to be a pro em for OBWA, I think this was the intent of the motion anyway, that they gree in principal to the request subject to us working out the language on It e permit and Bill <Reese> checking F I L E -s�'b- 11 out the maps and by July 6th we'll eit� back here saying we can't help you, I, • tr have something on paper to sign or uess. .Councilmember O'Connor' asked, will the be on, will Bill <Reese> be looking at that too then with you? The item t� t he brought np... (Walker and Cook - yes). Attu, Cook commented, it will be subject to working those areas out...._(O'Connor - and including that is what I was trying to say)...right, including that. Councilmember O'Connor, asked do you u Atty Connor asked, what is it that's agenda, whatever by July the 6th? Atty Cook answered, well my feeling i request to principal subject to us ver and trying to get a better answer from what will happen to our consumptive predictions that the City Council can't be back on the agenda for the 6th and language and all these questions worked the City or we'll inform the City of th work out the problems so OBWA get's no court. Unless you have a more expedit: Mayor Kirk commented, hopefully it won' proceed from here. Atty Goanall stated, again my concern i; *11VtSi 1t of when this would be re, L If staff reviews it and it to a y, ad the SFWMD is not going to ] <Dago> is authorized to send a letter acceptable,".,(Kirk - yeah we're approv: that"s the way the motion was made) ... s then we're back on the agenda for the letter or not, is that what we're sayin A'Connor. Walker and WatK4w*. - right. Mayor_ K_ irk commented, but we're looking Qn11a pI bgr W.a ford interjected, that 4 erstand that Burton <Connor>? uppose to happen according to your the Council's motion approves your Eying the customer list and the maps he engineering end from the SFWMD on se permit and if we get some dire live with it would, I feel it should t that time we will either have the out for a final stamp of approval by problems and they can say we didn't water. You know, we'll see you in ius way to do it. ome to that, let's be optimistic and In other words your suggesting the lved will be your next meeting July :s like the list is okay and the sap ve a problem then the Administraty o the SFWMD confirming that this is g that now. Walker,- yeah I think d if it looks like there's a glitch 5th, you decide whether we get the orward to not seeing you next time. rk's both ways. Mayor Kirk.then commented, you're proba�ly right. ,Ma,yor Kirk asked if there was anymore dii call for a rote on the motion: KIRK - AYE ENTRY - AYE O'CONNOR - AYE WALKER - AYE WATFORD - AYE MOTION CARRIED. ussion. There was none. Mayor Kirk FILE —lo ofb— iJ VERBATIM 6/15 93 ITEM G.3. Motion to approve the terminat on of Officer Jo Eide (Ex #4) Mayor Kirk began the discusseon b 1 y ca ing for comments from the Council. Councilmember Entry made a motion to prove the termination of Officer Jo Eide, second by Councilmember O'Conn0 Discussion began by Attorney Cook stati Chief (Larry Mobley), and wrote Officer packet. She does have a right to appe If you recall, Officer Eide was apparel prior to her employment by the City, an suffered some sort of continuing prob injury, and due to some problem she had Police Officer, the Council voted o& Fe leave period to see what her status wan on May 19, 1993, and the Chief tells me and we haven't heard anything fkrm Offj In the interim the Chief has had to wo anticipate her return, he need; rm the duties. We have discussed to the Officer that she should, and whi termination efforts by the City. She m she may want to request more time to certainly grant her. But, the actions < to work, and not notify the Department and we feel we qualify for neglect of d Councilmember Watford, questioned and s having ever voted to terminate an employ Administrator had terminated other empl Attorney Cook stated he could not recal or six years he has been here. Administrator DraSo stated in the pas Council did, he was a Public Utilities other time so I can remember at least that. that he had discussed this with the ide a letter last week, it's in your and contest if she wishes. ly injured in a work related injury after she was employed by the City, am or relapse of that pre—existing .)erforming her duties as a full time ruary 16, 199% to grant her 90 day going to h&4 She was due to return :hat she did not return on the 19th, er Eide until just recently: with the Officers he has on extra to hire another Officer that can. is matter and felt that to be fair is required, receive notice of any wish to address the City Council, epare a response, which we should Officer Eide, in failing to return is put a strain on the Department, Y. ted he did not recall the Council , and the Department Head, the City ees and wondered. having done it either, in the five I can remember one that the City ployee. And I think there was one o times that the Council has done Councilman Watford responded, so this isn't anything that's improper for the City Council to take action on. Attorney Cook stated the City Code ind Department Heads for neglect of duty ani Code itself defines any reference to de the department heads any subordinate department which would include a police :ates that the Council can remove the definition set out in the City irtments as including reference to Dr employees, personnel of that fficer. Mavor Kirk stated, I think she wants to address us, I think this would be a good time for that to happen. Officer Jo Eide,approached the podium and I have prepared a letter for Mayor ] Supervisors present and Attorney Cook. copy made. This is what the letter says !tated to the Council, first of all rk, the Council, all Department have copies here if you'd like a Today, I didn't receive notice of my ter nation or the intent to terminate me written until the loth which was fiv days ago. I discussed the matter with the Chief and the Captain on june 7th I believe, I have it all in my further I want to read the letter and to Today I tried to submit a request fore meeting with Chief Mobley via chain of correspondence was to Captain Farrenkoph go into detail but did tell me I had to Thomas, Personnel Director. I tb*a ended Mrs. T*enas name to the "r.r told me she did not know what to do wit reference to my termination, I refit waited, she returned to tell me that it that I could make a request through the came up on tpglndL,.it ! at this time tes. But any way before I go any it from there. review board grievance committee ommand. My initial departmental he was not in. The Chief did not equest this action through Bonnie W00 e^see and took it to her. She Sh amom& •'M` :kf I& was in !s. She then ,,Lett 'here ofiic* I as out of hWlI ands, she told me Lty Council be£,1*MMq pation that I an making this req"st. /&F'N - I would also ask the my terminatio would beQostponed until the neat meeting or until I receive the results f a review board grievance committee meeting. After going through the chain of comma: my termination was already official b also request at this time that I woi resolution of my'physical disabilities to the police department and myself. my rights under the Florida Stat hearing by review board guidance "ComV taken. If the Council does not sccept tU 'I Vould request tWe terninati "re representing me in my b 1:01W4 rcl for the City is here Departmoewt Respectfully submi'tt,ed, letter. I would also like to say at no time ha to him in this matter.0 I have reporte been to the doctor and given them a u 19th I called the Police Department t neat appointment was for May 26th. T Seminar and I spoke directly to Chief M Just come in after your appointment on of all my meetings with them and cor, started back in October. .I was left with the impression that Eore this meeting started. I would d be placed on light duty until a :an be resolved in the best interest would like at this time to exercise :es as s police officer to request a :ee before any termination action be :his request at this meeting then at n action be pastpomed until my legal calf and my interest as presently the in the behalf of the City Police A. 91". 'That's the content of my I met with Attorney Cook or talked to the Chief every time that I have ate on my condition. Prior to May speak to them to tell them that my Captain was a Hurricane Awareness ley, he told me don't worry about it e 26th. I have logged, kept records �rsations thereof since this thing I would just like the right now to hav this action be weeks or whatever you see best for. Postponed until two Mayor Kirk asked Attorney Cook, for due set up a review board? Attorney Cook responded the personnel would be an appropriate request, yes. Officer Eide interjected, Mayor Kirl Procedure, would you like for me to rea Mayor Kirk answered, I think he <Cook> Cook responded, it's in there>... Officer Eide responded okay it states in to my director head he's suppose to•make Mrs. Thomas and she is to make it offii then the final resolution, the final au ocess to this officer do we need to nual for the City indicates that Chapter 7, Page 25, Grievance it? as already answered us ... (Attorney Ala -ru Ize- - here clearly tha I'm suppose to go formal complaint for me send it to it and there decide from there and ority is with the City Council. All this was completely bypassed they just put it upon themselves to terminate me because I have a disability, I cannot perform my duties right now. I'm under the care of a neurologist and waiting the appointment with a neurosurgeon to see if the problem can be resolved. I sent a letter to the Chief of Police certified on May 8th telling his that in case there was any misconception or misunderstandings about our meetings the previous day that I did want to do my job, I did want my job, I've bees in law enforcement for eighteen years, I e come tomfar to let this thin me down now. g get Mayor Kirk asked, if you don't mind I'd li a to ask you a question t could maybe clear something up in my mind. we we`�tre talking about work arelated injury prior to you coming to work for th City? .Officer Eide responded, yes sir. I was Eckerd Youth Foundation, out at EYDC, I c my third neurologist now because I've progressed to the point where I'm having a stronger medication for the headaches. situation and that it may become rheumato 6 and C-7 vertebrates that are causing tt and it's a safe surgery then the statif condition do recover completely. Mayor Kirk stated, I know we would like You've got just one copy.... ,-Uficer Eide answered, no sir I had copse 'ybu got a copy. (Eide hands Mayor Kirk F I L E njured while I was working out at d not know it at the time. I'm on 3d on going headaches, they have izzy spells and I'm having to take I've been told it's a generative I. I have bone spurs between my C— s problem. If I have this surgery ics show 87% of people with this copy of that letter please so if made because I wanted to make sure iginal letter) Thank you sir. Councilmember O'Connd&sked Officer E have a little, I don't understand. Tt continue your own health insurance right.) ... and that you haven't paid it ... (Eide - that is correct) ... for yot is a serious problem) ... go ahead. Officer Eide explained, I'm not getti claim has note gone through because th off, put me on administrative leave. injured or not able to perform my dut I've only received one check from works my medication and for my travel tim $900.00 in almost four months has made in business with my daughter, I have showing any profit at this time. .Mavor Kirk stated, I feel like base shouldn't probably ask a whole lot of Attornev Cook also stated, these are mo: go through that process, I'd suggest week of July so we could set that proce 6th I believe. rminr_ilmember Entry- stated he would hearing or let it stands as it is. Officer Eide, asked if she could add one gave me a letter stating that I could re I can't lift anything over 20 pounds headaches, he also determined that I'm have any brain injury or anything dys problems is when I have headaches. Thij said that I could return to full duty, The Chief told me in one of our conversa duty unless I was 100% better, not 70, but completely well. He said that he wo been the Captain and Chief that's stoppe the doctor. .Navor Kirk asked, do we have something able to,.function completely as a police .,Officer Eide responded, I have a letter has that I gave them at one of our meetii I ave been to the doctor or every time m there off and on for the last three mono schools that's been mandator personnel t roster that I don't know why I couldn't I couldn't make me do anything or he could was on administrative leave. I took an been on leave so certainly I could go to to a biopathigen school. Councilmember O'Connor questioned, did I 100% now? Officer Eide responded, he told me that of not lifting more than 20 pounds above have stress headaches is what they are f You get use to sitting a certain way whi] the doctor. He told me that I was relea ago, in February. It's been the Chief at the road. le, there just one part here that I t you were informed that you were to rhile this was going on...(Eide - and that the City has been paying is there ... (Eide - a problem? There paid right now, my workman's comp are saying the City cannot lay me other words lay me off because I'm so there is a problem with them, II comp at this time and it was for to and from the doctor's office. hings kind of thin. I do have, I'm little business but it's not even on the request at this point we estions. appropriate for a, if she wishes to rhaps, postpone it until the first up. The first meeting will be the thdraw his motion till after the )re thing, my doctor, my neurologist urn to duty, that I had limitations, nd I'm very likely to have severe not blacking out and that I' don't inctional. The only time I have letter is in my personnel file. He iat's his opinion, he's the doctor. Cons that I could not return back to s he said, not 70, not 80, not 95% .dn't accept anything less. So it's me from going back on the road not om your doctor saying that you are fficer? it's the same letter that the City s. I have met with them every time therapy has changed. I've been up constantly, I know three different Lt they have not even put me on the to school. The Captain told me he t order me to go to school while I ;MT course to keep busy while I've "haz mat" (hazardous material) or ear you say that you could go back do have the limitation of lifting, y shoulders and I'm very likely to im driving the patrol car, because your, everybody does according to �d to go back to work three months the Captain that have kept me off -Councilmember Entryasked, do you feel t��t you can perform? Officer Eide answered, I'm on medication they've been very nice throughout this 1 all kind of fell A part but I told him ti neurologist I've got to get off the pain on napersin pain medicine right which is when I don't' have a headache I'm fine. Councilmember Entrv. stress and strain... F ght now and that's what the Chief, ale thing until this last week it : no I needed an ultimatum from my edicine because I'm on heavy, I'm ry strong, when I have a headache, responded, well you.�k now a *o Police officer . - a lot of I L E - 3 0-Pq- Officer Eide respond I agree Mr. Ei I understand their concern and I've ap, the problems, I suggested to the Chie overtime and everything but anyway. Mayor Kirk interjected, okay I would anymore questions, she has asked for a do that, so I think that in my opinio the motion and second off the floor an time if necessary and start the due pi Councilmember Entry, Mr. Mayor I'd like made the second?)... Councilmember O'Connor stated I made i until we have that meeting on July 6th councilmember Entrv,, and I remove the i Officer Eide thanked the Council Mayor Kirk asked if we <the City> sti telephone and everything, right? Officer Eide answered, yes sir I'm at Mayor Kirk to Attorney Cook stated, you correctly !'m sure. *END OF FILE ry, as I'O said I've been there and ogized a hundred time for them having that he should sue EYDC too for the iggest at this time that we not ask ?view board, she has a legal right to I would suggest to you that we take this could be resubmitted at another :ess that she is entitled to. o remove ... (Mayor Kirk,interject who second and I'll remove the second ion I made until after the meeting. had your correct mailing address, same place and in the phone book. 1 see that we're guided through this TIM* Y" :yw U -----AN ORDINANCE OF THE CITY OF UK E PH J'� , DE OF FLORIDA WHICH REPEALS CODE SECTIONS 2-15 THROUGH 2-43 OF THE OF ORDINANCES, AND WHICH ENACTS AMENDED CODE SECTIONS 2-15 THROIJ314 2-43, WHICH ADOPT6 STATE STATUTES; WHICH ENACTS ADMINISTRATIVE PROCEC URES AND FEES, AND WVIqH REVISES CODE — ENFORCEMENT PnOCEDURES FOR TtIc- CITY OF OKEECHOBEE, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. ��i2tl" LILD 2,nd I al, 5It-,L ov NI '�= CaJ3 I l kl L o Wt-e U -Ziy 2Ad I j 1A)1V r- E {{1 i� Q(;lhllfi �`iDO,t nrn -I p ( 1 /� ln/1. At. I MDhon fm a v L mTa - ----AN ORDINANCE OF THE CITY OF OK CHOBEE, FLORIDA, PROVIDING -- THAT ALL AREAS WITHIN THE C Y LIMITS OF THE CITY OF ;, SHALL BE SXEMPTED FR THE APPLICATION OF CERTAIN TERMS A 10 MOVISIONS CONTAINED I 'OKEECHOBEE COSY ORDI*A NO. 93-20 WHICH PURPORT TO REPE CERTAIN OKEECHOBEE COUNTY ORDINANCES IMPLEMENTING THE;CITY'S,INTRRLOCAL AM EMENT WITH -OKEECHOBEE COUNTY CONCERNIft E Co�� SO 101MECHOSEE_ COUNTY BUILDINC3 AND ZONING EPAR"19 PROVIDING FOR S((EVERABLITY; PROVIDING FOR AN EF ECTIVE DATE. JAd we __J& Ili 043 lee, _ho ne_1?4 -a-, ell< L� wee U.,v-� C4 -- - ►-'�- - 6�6 11 �- , . - � _ - ZK."Oo- m tff nn A •�&Nif A 'Ad 1^1# uea� d up i , a xv 0 I �c� i 17 1 � , 74-, , 4,t� 1,� — iff 1 21 CA P k Pk) 0 4 cl� kA�� 9 \J .n • C� C� LA rjq.—. -fhl b_dim) _,-i-o pk_rJloh. ill. � ! •`�l � :�►1 �; .�. 4��t ► f E • MAIN SUN SU- .t . ll � �.:�� l `/ . ♦f �1�. �%/ •/ [ � ICI ��;/d�_ n4ka�, I2w�YnIR III III IIII • AN ORDINANCE OF THE CITY OF OK CHOBEE, FLORIDA WHICH REPEALS CODE - SECTIONS 2-15 THROUGH 2-43 OF THE ODE OF ORDINANCES, AND WHICH ENACTS AMENDED CODE SECTIONS 2-15 THR GH 2-43; WHICH ADOPTS STATE STATUTES, WHICH ENACTS ADMINISTRATIVE PROC URES AND FEES; AND WHlgH REVISES CODE_ ENFORCEMENT PROCEDURES FOR E CRY OF OKEECHOBEE, FLORIDA; AND PROV►DING AN EFFECTIVE DATE IZ 14,� Uw,r`d 4-z V�I • PO�a iQ-7y T n�11 A II '� u V t AN ORDINANCE OF THE CITY OF OK CHOBEE, FLORIDA, PROVIDING THAT ALL AREAS WITHIN THE Cl LIMITS OF THE CITY OF OKEECHOBEE SHALL BE EXEMPTED FRO THE APPLICATION OF CERTAIN TERMS AND PROVISIONS CONTAINED I KEECHOBEE COUNTY ORDINANCE - NO. 91 20 WHICH PURPORT TO REPE CERTAIN OKEECHOBEE COUNTY ORDINANCES IMPLEMENTING THE CITY INTERLOCAL AGREEMENT WITH OKEECHOBEE COUNTY CONCERNING T CONSOLIDATED OKEECHOBEE COUNTY BUILDING AND ZONING PARTMENT; PROVIDING FOR SlEf VERABLITY; PROVIDING FOR AN EF CTIVE -DATE. --- ---_-- p r I, • 1 l -'6� t.,.uV, . (o - .) Qua I apj p n fN, i ✓lt n'MCK 11► Ni II W-co U - _ ""w ter. LA . Liu • • UK �t Lba'Al It r0 1 I IN s Ij sm J 1� Pc)"All owm�j, %(I - i r1 i a-�-��ditccn41 0 gy ice cnta� np��,c� vearne rxi -tu Am-} --- - -NL v ton I G �aS _a. - � • + �i fI I • I %' 'I at )4c rylv o -vt)�9 e� � z -� V - - -,,� - - - - - i i . I � �' �" � � �� 9a �L �,, Me Rinim-, Me, sna • py- Ad r hJk 111Pn 4 VAni(/i /) h . -MJ t tqk ) wp C?� areo Gk�� haue A)A hw, Gar 1 � V OF O KFF�, A% 'cLORtOP CITY OF OKEECHOBEE CITY COUNCIL MEETING OFFICIAL AGENDA A. Call' Meeting to order on June 15, 1993, at 7:00 p.m. B. Invocation offered by Reverend Ken McDuffie; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council Attendance: Mayor James E. Kirk Councilmember Danny P. Entry Councilmember Michael G. O'Connor Councilmember Jerry E. Walker Councilmember Dowling R. Watford, Jr. Staff Attendance: City Attorney Cook City Administrator Drago City Clerk Thomas Deputy Clerk Gamiotea D. Motion to dispense with reading and approve the Summary of Council Action for the Regular Meeting of June 1, 1993. E. Motion to approve Warrant Registers for May, 1993. General Fund $183,503.44 Public Utilities $290,13014 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA -3- G. NEW BUSINESS CONTINUED 4. A. Motion to read by title only, and set July 6, 1993 as the Public Hearing Date, Ordinance 660 - 4�/ City Attorney (Exhibit 5) B. Motion to approve the first reading of Ordinance 660. . 5. Hear from Beach Water Association - Mr. Burton Connor (Exhibit 6) 6. Hear presentations for Civil Engineers - City Administrator (Exhibit 7) (Exhibit 8) 8. Discuss the Comprehensive Plan Litigation - City Attomey (Exhibit 9) ADJOURNMENT NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. • AN ORDINANCE OF THE CITY OF 1 SECTIONS 2-15 THROUGH 2-43 OF Ti AMENDED CODE SECTIONS 2-15 TH WHICH ENACTS ADMINISTRATIVE PR( ENFORCEMENT PROCEDURES FOR PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances at tracks the Florida State Statute for Municipal Statutes, which State Statute is amended from WHEREAS, the State Statute has been the Code of Ordinances for the City of Oke compliance with the State Statute; and WHEREAS, the State Statute will likely to c require like amendments to the City Code; it is THEREFORE by majority vote approved through 2-43, and a revision of said Sections of Florida which will remain flexible to accommod which shall read as follows: Sec. 2-15. Declaration of Legislative It is the intent of this Ordinance to promok of (lie citizens of the City of Okeechobee, Florddt with authority to impose administrative fines and expeditious, effective, and inexpensive method c City of Okeechobee where a pending or repeats Sec.2-16. Definitions. As used in this part, the terms: (1) "local governing body" means the (2) "Code Inspector" means any au who is appointed, and serves at and whose duty It is to assure initiated, and to present code v (3) "Local governing body attomey" (4) "Enforcement Board" means a se permanent residents within the City as provided by State Law, to hear before it. (5) "Repeat violation" means, for p the City of Okeechobee, Florida, whom the code enforcement bot violated the same provision of the of the first notice of the new viola Sec. 2-17. Adoption of State Statute. It is herein adopted Chapter 162, FI Enforcement Boards Act", In its entirety, as 1 Legislature, as substantive authority for, a organization, and operations of the local Code *4tS NO. 659 HOBEE, FLORIDA WHICH REP S CODE DE OF ORDINANCES, AND WHICH ENACTS H 2-43; WHICH ADOPTS STATE STATUTES; 'RES AND FEES; AND WHICH REVISES CODE CITY OF OKEECHOBEE, FLORIDA; AND ns 2-15 through 2-43 for the City of Okeechobee Enforcement procedures, Chapter 162, Florida to time; and since the enactment of Section 2-15 et.seq. of meaning the present code is out of date and to be amended from time to time, which would f enacted a repeal of the existing Sections 2-16 Code of Ordinances for the City of Okeechobee, the various amendments to the State Statute, and Protect, and Improve the health, safety and welfare y authorizing the creation of administrative boards her noncriminal penalties to provide an equitable, nforcing any codes and ordinances in force in the violation continues to exist. Council of the City of Okeechobee, Florida. id agent or employee of the City of Okeechobee ms set by, and at the pleasure of, the City Council, compliance, cause code violation notices to be is before the Code Enforcement Board. the legal counselor for the City of Okeechobee. n-member board comprised of persons who are Okeechobee who are appointed by the City Council id determine code enforcement violations brought roses of enfocement of codes and ordinances within violation of a City Ordinance or Code by a person has previously found by Code Board Order to have dinance or Code within two (2) years prior to the date i Statutes, Parts I & 11, "Local Government Code ently written or as hereafter amended by the State to proscribe procedures for, the establishment, Drcement Board for the City of Okeechobee, Florida. U Sec. 2-18. Administrative Procedures. All code enforcement operations for the handled through the City Department of General complaints; process complaints; direct the Cod complaints; schedule Code Board Meetings, prc and record official acts and orders of the boarc and to generally be responsible for all operation The Code Board may from time to time forward c consideration, any matter, request, suggestion special meeting that it determines should be a, Sec. 2-19. Administrative Staff Fees. Any first-time violators of any City Ordine violators as defined herein, are required to corr of violation from the City of Okeechobee. If suc) be sent, then the City shall assess and collect processing the complaint, plus any additional certified mail expense, recording charge, or anyc in processing the complaint, which excludes employees, regardless of whether the violator sl or code prior to the public hearing on the viola For those persons who qualify as repeat processing by the City of any complaint for being assess and collect from the violator an adminlstr� any additional expense Incurred in long distanc charge, or any such other reasonable administr which excludes the salary of the Code Enforcers the violator should come into compliance with th on the violation. Sec. 2-20. Effect of no Violation. y of Okeechobee, Florida shall be administratively vices, who shall provide the appropriate forms; take nforcement Officer in his/her investigation into said e a tape recorded record of sucp meetings; prepare repare and file any liens as directed by the board; d record keeping for the Code Lnforcement Board. v (lie City Council as an agenda item, or for general concern the board may vote upon at a regular or essed by the City Council. a or Code, or those not considered to be repeat the alleged violation upon receipt of a first notice )lation is not corrected, and a second notice must m the violator an administrative fee of $25.00 for ►ense incurred in long distance phone charges; i otherreasonable administrative expense incurred salary of the Code Enforcement Officer or City ►d come into compliance with the cited ordinance folators by this Ordinance, upon the initiation and violation of a City Ordinance or Code, the City shall ve fee of $25.00 for processing the complaint, plus phone charges; certified mail expense, recording Ive expense incurred In processing the complaint, it Officer or City employees, regardless of whether cited ordinance or code prior to the public hearing In the event any alleged violator shout ppear or contest the violation through the Code Enforcement Officer, or before the Code Enforc ent Board, and the board finds as a matter of fact and law from the evidence presented by the Co Enforcement Officer, or other witnesses, that there was no violation of any City Ordinance or Code the alleged violator, then no administrative charge or expense as provided herein shall be assess to the alleged violator. Sec. 2-21 through 2-43 Reserved. This ordinance shall be set for final take effect immediately upon Its adoption. Introduced for first reading and set for 1993. ATTEST: BONNIE S. THOMAS, CMC, CITY CLERK Passed and adopted on second 1993. ATTEST: the 15th day of June . 1993, and shall public hearing this 1st day of June . MAYOR JAMES E. KIRK final public hearing this 15th day of . June . MAYOR JAMES E. KIRK BONNIE S. THOMAS, CMC, CITY CLERK 4- JUH 04 ' 93 09 : 29 RE, NRCON RMA Reese, Madon and Associates, Inc. City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 Attn: John J. Drago, City Administrator Re: CDSG 'Water Main Improvements Dear Mr. Drago: Regarding pay request No. 5 from Eder $74,739.23 as shown on their pay reque! $109,781.55 remaining in work to be coi As you are aware, there is a change ord requested by the Contractor, we recomi damages can be assessed from the retai. request. If you have any questions or c 91-155 jtm-74 i • P. 02 June 4, 1993 41$ ,onstruction, we recommend payment for After this payment there will still be leted and retainage. pending for extra time. Of the thirty days id that 12 days be granted. Any liquidated ;e amount during processing of the final pay ments, please call. Very.truly yours, James T. Macon, P.E. 9121 N. Military Trail • Suite Palm Beach Gardens, Florida 33410. _ 1ice 1 --M�L- P A%L / A- AA!_. ^^A • __ - , �V C RAR: E500 CMXUU;t7gp CCPVWy, nc , 745 N.W. 2 d Stri0t With Bay, iT 33493 PROJECT NAME affi *At Water Main Impcvvenenffi PROJECT NUMBER 91-155 PERIOD COVERED 3/11/93 THROUGH 5/10/93 CONTRACT DATA: Bids Received Notice to Proceed Calendar Days to Sub. Completion Calendar Days to Completion Original Completion Date Ext. Allowed to Date (days) New Completion Date Change Order No. 2 Change Order No. 3 Change Order No. 4 Adjustments to Date Rev. Contract Amount Percentage Complete ($) Percentage Complete (time) .8'7Se.o• B •YYs FE:SL e • Inspector: APPROVED FOR PAYMENT: Owner BY: DATE: Reese, Macon A Associates DATE: Reese, Macon A Associates, Inc. 3003 S. Congress Ave., Suite 1-E Palm Springs, FL 33461 (305) 433-9311 Partial Payment Estimate No.: Submitted: 5/ 8/91 SUMMARY OF JAB STATUS Total Work Completed S 1626• Pt ' 76 Materials Stored Onsite Subtotal S -2G, 7 rs-. Less Retainage (10%) S $ �'•z�FB• "'°� Less Previous Payments S 4, 4kmnt Due This Period S 9 y 937- 43 CONTRACTOR'S CERTIFICATION As authorized agent for the Contractor, I, the undersigned hereby certify that to the best of my knowledge and belief, this is a true and correct statement of work performed and materials delivered. I further certify that the Contractor has good title for all materials delivered under this partial liens, or other Iiens or rig s and that all previous partial payments received under this Contract have been applied to discharge in full all of the Contractor's obligations reflected in prior partial payment requests and that hourly wages paid to all employees on this project for the period of this estimate are in accordance with the wage scale determination contained in the contract documents. EDENS CONSTRUCTION CO., INC. Contractor By -leis K. miiier, ice-_resiaent DATE. May 28, 1993 AL Sheet 1 of 4 PERIODIC PAY ESTIMATE FROM: 3/11/93 -TO: 5/10/93 OS • CL ant M. L o,ESTIMATE NO.: . Five CONTRACTOR:'q%wens Construction Cayaw, Inc. PURCHASE ORDER NO.: RR Il0 91-155 - Completed Completed work .materials Value of T-tem Unit Contract Last This Completed stored work No. Description Quantity Unit Price Amount Estimate Period To Date On -Site Completed 14,660 0 14,660 146,600.00 8• PVC Pipe C 900 15,500 LF' 10.00 155 nn0 no ( 151 0 151 2,612.30 2 B• D.I. Pipe 65 ' 4,038 23 9,061 77,924.60 3 60 PVC Pipe C-900 9.500 LF 8.60 81,700.00 , 4 60 0.1. Pipe 110 IF 15.00 1,650 00 120 0 120 1,800.00 5 8• Terming End 3 Each 1,200.00 3,600.00 3 0 3 � 3,600.00 1 0 1 1,100.00 7 8• RSV w/H47 Each 375 00 17,625 00 47 < i oot 8 6• RSV w/9aot 34 0 34 10,200.00 34 Each 300.00 10,200.00 i 6,500 0 6,500 4,225.00 D.I. Fittings 9.500 Lbs 0.65 6.175 00 1 12 (10) 2 1 300.00 �tA + R• .. '10�.,..:.... e_.u1_ /nr1 � ��� 250.0n 3m_nn 11 8• x 1• Tapping Saddle (DI) 10 Each 1n0 00 1,000 00 10 3 13 1,300.00 12 1 8• x 3/4• Tapping Saddle (DI) 75 Each 77.00 5.775.06 75 (4) 71 ! 5,467.00 13 ' 6- x 1• Tapping Saddle (DI) 23 Each 95.00 2.185.00 23 (3)' 20 1,900.00 45 (4) 41 2,870.00 14� 6• x 3/4' Tapping Saddle (DI) 45 Each 70 00 3,150 00 � 0 33 _ 33 2,359.50 15 1' Corporation Stop 32 Each 71.50 2,288 00 ; t ch Sheet 2 of 4 • PERIODIC PAY ESTIMATE JOB: CCDG Grant W.M. IrtorovemE+�ts FROM: 3/11/93 TO: 5/10/93 ESTIMATE NO.: Five CONTRACTOR: Bids Construction Company, Inc. PURCHASE ORDER NO.: F, No 91 5S - Completed Completed Work Materials value of Item Unit Contract Last This Completed Stored On -Site Work Completed Description Quantity Unit Price Amount Estimate Period To Date 2 326.00 16 2" Qzparation Stop 2 Each 163.00 326.00 2 0 28 90 118 4,720.00 17 3/4" C=p=Stop ation 116 Each 40.00 4,720.00 0 1048 1048 3,982.40 18 1" Polybutylene Tubing 11100 IF 0 3173 3173 8,249.80 19 ybutylene 7vbi 3/4" Pol Tubing 3,700 IF 2.60 9,620.00 (90 degrees 0 15 ! 23,250.00 — main)to l5 __Each �,550 00 23,250.00 15 Me -�.enn flt1 21 Fire Hydrant Assembly to main) 17 E92b 1,700.00 28,900.00 17 ) 0 820 820 2,378.00 22 i 1-1/2" PVC Casing 850 IF 2.90 2,465.00 200 232 432 1,382.40 23 VC 2- PCas' 400 LF ` 24 2" PVC Pipe 120 IF 4.00 480.00 0 139 139 556.00; 184 184 12,144.00 25 ± 3/4" Angle Stop 180 66 00 7t AR�nn 0 26 Meter Boxes 180 Each 22.00 3,960 00 I 27 i Sable Points i l 2 1,000.00 a) On Main 2 Each 500.00 1,000 00 0 2 i 8 ) 3,200.00 -.._ ( b) On Fire Hydrant 7 Each 400.00 0 8 2,800.0 -' 3 t 1,500.00 c) On Terminal End 3 Each 500.00 1 500 00 0 3 I - v ` Sheet 3 of 4 PERIODIC PAY ESTIMATE JOB: CDBG Grant W. Improvements FROM: 3/ 11 / 93 TO: 5110/93 ESTIMATE NO.: Five CONTRACTOR: Edens Construction Company, Inc. PURCHASE ORDER NO.: RMA No. 91-155 Completed Completed Work Materials Value of Item No. -Description Unit Contract Last This Completed Stored Work Quantity Unit Price Amount Estimate Period To Date On -Site Completed `� Salusge Existing Fire Hydrants, a) For Pavement Replacemnt/Repair 450 CY 85.00 38,250.00 26 255 281 23,885.00 b) For Driveway Reolacment/Repair 50 CY 85.00 4,250.00 0 18 18 _ 1,530.00 30 Concrete Sidewalk 525 Ir 7.00 3,675.00 j1 !w L,` Fi,a1t a) For Pavement - Replacenent/Repair 1,800 SY 11.00 19,800.00 118 1484 1602 17,622.00 b) For Driveway 300 SY 13.00 3,900 00 0 274 - 274 3,562.00 32 = Bbell Rock - { a) Fir Road RIV3neppnr/Rona+r inn CY a n k0 0 60 1 480.00 Rnn nn , b) For Driveway 200 300 500 2,500.00 Repacenent/Repair 65D SY 5.00 3,250.00 + _ 0 33 33 ' 990.00 33 ` "Y" Branch 30 Each 30.00 900.00 - 34 f Connection to Existing 2" Main 15 Each 500.00 7,500.00 } Connection to Existing vS } 6" Main SM 100+00 1 Each 1,200.00 1,200.00 t Connection to Existing 36 ! 6" Main STA 310+20 1 Each 1,200.00 1,200.00 ' , I PERIODIC PAY ESTIMATE JOB: 4LGrant W.M. Improvements FROM: 3/11/93 TO: 5/10/93 C J CONTRACTOR: Edens CMstruCtion Oompany, Inc. PURCHASE ORDER NO.: M NO. 91-155 Sheet 4 of 4 ESTIMATE NO.: Five Item Completed Completed work Materials Value of ;No. -Description Unit Contract Last This Completed Stored work Quantity Unit Price Amount Estimate Period To Date On -Site Completed amnection to Existing 37 4" Main STA 115+50 1 Each 1,000.00 1,000.00 38 Ditch Crossing Station 313+60 1 IS 4,400.00 4,400.00 100% 0 100% 4,400.00 39 Ttench Safety Act 26,000 LF 0.03 780.00 23,969 23 23,992 .719.76 f Additive Item: t 2 1 House Ooc�on 40 Each 250.00 - F f I i -i f�J Knepper& Willard. inC. June 9, 1993 John J. Drago City Administrator City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974-2934 Re: 1993 Road Improvements K&W Proj. No. 7218-91 Dear Mr. Drago: Enclosed is an application for payment for Better Roads of Lake Placid, Inc. for the referenced project, which is being conducted by change order to the 1992 Road Improvements contract. We have reviewed this pay request and find that it fairly represents the work completed to date, and recommend that payment be made to the contractor, the amount of $15,783.26. If you have any questions, please contact us. Very truly yours, KNEPPER & WILLARD, INC. Daniel S. Willard, P.E. cc: Chuck Elders 3030 N. Rccky Point Drive Nest Suite 57C iamoc, Porida 33607-51;08 Hillsborough (813) 281-0120 Pineilcs (813) 821-3-25" FAX (313) 231-i1E� a • • 93 BE i i ER ROAD OF LAKE PLACID INC. City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, Florida 33472 RE: Change Order No. One (1) 1992 Road Improvements C City of Okeechobee Summary for Pending TOTAL CoMpLE M TO DATE $17,536.96 LESS 1pg RErAI NAGS 1, 753.6 TOTAL EARNED LESS RErAINAGE $15,780.26 LESS PREVIOUS PAMV�M - r.uuw�,&,vi PA7i M DUE $15, 780 26 The undersigned Contractor certifi knowledge, information and belief for Payment has been completed in Documents, that all amounts have b Work for which previous Certificat payments received from the Owner, herein is now due. CONTRACTOR: Better Roads of Lake Placid BY: Ql01 r.-u�r�! J. a�'7 APPRO Bi ENGIN ER: BY: Order No. One (1) that to the best of the Contractor's Work covered by this Application ordance with the Contract paid by the Contractor for for Payment were issued and that current payment shown DATE: J. a C 91 19 `O DATE: 'P.O. BOX 1908 LAKE PLACID, FLORIDA 3385 • (813) 465-5797 • FAX (813) 597-6609 - f APPLICATION FOR PAYMENT NO. ONE(l) Contractor: B aAamls of Lake Placid Inc. ITEM NAESCRIPTION N.W. 13t1Q between N.W. 3rd Ave. and U.S. 441 1 Roadway Subgrade Material 2 Site Restoration Shoulders 4 61/2' Shell Base Material a 1 1/4' Asph. Conc. Type S-1 Mod. Surface Course 17 Imported Clean Fill S.W. 3rd St. between S.W. 6th Ave. 1 Roadway Subgrade Material 2 Site Restoration Shoulders 4 61/Y Shell Base Material 8 1 1/4' Asph. Cork. Type S-1 Mod. Surface Course 17 Imported Clean Fill Item Subtotal PAGE TOTAL W. 5th Ave. CONTRACT QUANTITY UNIT PRICE 1,705 S.Y. 907 S.Y. 1,630 S.Y. 1,564 S.Y. 243 C.Y. 898 S.Y. 443 S.Y. 861 S.Y. 824 S.Y. 119 C.Y. 1.00 3.40 CHANGE ORDER NO. 1 TO 1992 ROAD IMPROVEMENTS CONTRACT CITY OF OKEECHOBEE, FLORIDA PREVIOUS PERIOD THIS PERIOD TOTAL TO DATE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 988.90 0.58 $ 520.84 0 0 1.00 $ 443.00 2,927.40 0 0 2,142.40 � F .0 0 898 1 520.84 1 898 1 520. 2,560.84 I :°N'-'� ` - 2,560.84 "' " s 21560.84 2,560.84 Contractor. _ Better Roads Of Lake Placid. Inc. CONTRACT ITEM RfPT1ON QUANTITY UNIT PRICE N.W.12th etween N.W. 2nd Ave. and U.S. 441 1 4 Roadway Subgrade Material '— 1766 S.Y. $ 0.58 2 Site Restoration Shoulders 940 S.Y. $ 1.00 4 61/Y Shell Base Material 1,688 S.Y. $ 3.40 a 1 1/4' Asph. Cone. Type S-1 Mod. Surface Course 1,621 S.Y. $ 2.60 Item Subtotal '- . - .-.. --- --- S.W. 7th St. between S.W.11th Ave. and S.W. 12 Ave. 1 Roadway Subgrade Material Site Restoration v Ali "1,2. J `'1 � 1,'. l� i''I 1992 ROAD IMPROVEMENTS CONTRAC' CITY OF OKEECHOBEE, FLORID/ PREVIOUS PERIOD THIS PERIOD TOTAL TO DATE AMOUNT OUANTITY I AMOUNT QUANTITY I AMOUNT OUANTM I AMOUNT 1 • � i 3 784.74 Shoulders 715 S.Y. $ 1.00 $ 715.00 4 611r Shell Base Material 1,294 S.Y. $ 3.40 $ 4,399.60 0 0 900 3,060.00 900 3,060.00 8 1 1/4' Asph. Cork. Type S-1 Mod. Surface Course 1.240 S.Y. $ 2.60 $ 3.224.00 Item Subtotal .. -��::� .•y. {'" :�:.-�;,:,,�,-*•: ^?_w'o-ra.�`.i �:-a'ir' �.,-'i• I�I� I�/� $ 9 I23.34 ..'�Si.. .a�,Li. :•r • � �_, .$'r .. _. is=� �-�.=. PAGE TOTAL µ' $ 21 041.42 _ - 0 - �. • ' : 3, 844. ?4 3, 844.74 PAGE 2 s APPLICATION FOR PAYMENT NO. Contractor: Better Roa t Lake Placid Inc. sw OE ITEM ON *4:� S.W.14th St. 1&een S.W.10th Dr. and S.W. 10th Ave. 1 Roadway Subgrade Material 2 Site Restoration Shoulders 4 6112" Shell Base Material a 1 1/4" Asph. Conc. Type S-1 Mod. Surface Course Item Subtotal N.W,10th St. between N.W, 3rd Ave. and U.S. 441 1 ea 2 Site Restoration Shoulders 4 61/2' Shell Base Material 8 1 1/4" Asph. Conc. Type S-1 Mod. Surface Course Item Subtotal PAGE TOTAL : CHANGE ORDER NO. 1 TO 1992 ROAD IMPROVEMENTS CONTRACT CITY OF OKEECHOBEE, FLORIDA CONTRACT PREVIOUS PERIOD THIS PERIOD TOTAL TO DATE QUANTITY UNIT PRICE AMOUNT OUANTITY AMOUNT QUANTITY AMOUNT OUANTITY AMOUNT 1,033 S.Y. $ 0.58 $ 599.14 0 0 1,033 599.14 1,033 599.14 540 S.Y. $ 1.00 $ 540.00 988 S.Y. $ 3.40 $ 3,359.20 946 S.Y. $ 2.60 $ 2,459.60 6 957.94 0 :,� 599.14599 1.754 S.Y. 1,677 S.Y. 1.017 3.40 $ 5,701.80 2.60 $ 4,157.40 11,809.52 -+L'+�s+L:i�+••- LI:Y.' mil. = �: ii. :Y+..:1s •.xi.r� 0 -. ... 599.14 + - _. 599-14 PAGE 3 APPLICATION FOR PAYMENT NO. contractor: Better Roads of Lake Placid, Inc. ITEM DESCRIPTION CHANGE ORDER NO. 1 TO " 1992 ROAD IMPROVEMENTS CONTRACT CITY OF OKEECHOBEE, FLORIDA CONTRACT PREVIOUS PERIOD THIS PERIOD TOTAL TO DATE QUANTITY UNIT AMOUNT QUANTITY AMOUNT OUANTnY AMOUNT QUANTITY AMOUNT PRICE S.W.IjWve. between S.W. 7th St. and S.W. Wh St. 1 Roadway Subgrade Material 1,021 S.Y. $ 0.58 $ 592.18 0 0 1, 021 592.18 1, 021. 592.18 2 Site Restoration Shoulders 534 S.Y. $ 1.00 $ 534.00 4 61/2" Shell Base Material 977 S.Y. $ 3.40 $ 3,321.80 0 0 680 2,312.00 680 2,312.00 8 1 1/4" Asph. Conc. Type S-1 Mod surface course Q32 S Y It 260 $ 2423.20 0 - , 904.18 _ 2,904.18 It S b_ will t t 1 - -� $ - eU oa _ N.W. 3rd Ave. between N.W. 6th St. and N.W. 7th St. 1 Material 812 S.Y. $ 0.58 $ 474.96 0 0 812 2 Site Restoration Shoulders 427 S.Y. $ 1.00 $ 427.00 4 6112" Shell Base Material 777 S.Y. $ 3.40 $ 2,641.80 0 0 540 8 1 114" Asph. Cone. Type S-1 Mod. Surface Course 741 S.Y. $ 2.60 $ 1,926.60 ubtotal ubtotal - `=',_Y $ 5,466.36 :>> 0 TOTAL : ; = _ .. r.: _�; $ 12,337.54 470.96 812 470.96 1,836.00 540 1 1,836.00 "� 5,211.14 t �{ 5,211.14 PAGE 4 1992 ROAD IMPROVEMENTS CONTRACT cormacxor._ Better Roads of Lake Placid, Inc. CITY OF OKEECHOBEE, FLORIDA CONTRACT PREVIOUS PERIOD THIS PERIOD TOTAL TO DATE ITEM D 4047 OUANTITY UNIT AMOUNT OUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 PRICE I S.E. & S.W. 4th SL_b_el4veen S.W. 2nd Ave. and S.E. 2nd Ave. 1 Alrdway Subgrade i�eria 2,111 S.Y. $ 0.58 4 61/2" Shell Base Material 2,111 S.Y. $ 3.40 8 1 1/4" Asph. Cone. Type S-1 Mod. Surface Course 2,111 S.Y. $ 2.60 Item Subtotal S.E. 9th Ave. south of S.E. 17th St. 1 Roadway Subgrade Material 280 S.Y. $ 0.58 2 Site Restoration Shoulders 61/2" Shell Base Material 280 S.Y. $ 3.40 8 1 1/4" Asph. Cone. Type S-1 Mod. Surface Course 1,596 S.Y. $ 2.60 Item Subtotal V'Y--" PAGE TOTAL -• _ i V 1,224 7.177 13,890.38 62.40 4,149.60 6,221.00 PAGE 5 0 PAGE 5 0 APPLICATION FOR PAYMENT NO. f`A"*raf4— Raffor 00%arlim �8 1 ft6- 01ft-108 Imm ITEM 1 Roadway Subgrade Material 2 She Restoration Shoulders 4 6 112' Shell Bass Material 8 8 1 114' Asph. Conc, Type S-1 Mod. Surface Course Item Subtotal S.W. 6th Ave. between S.W. 9th St. 1 Material grade-- 2 Site Restoration Shoulders 4 6 I/Z" Shell Base Material I 1W Asph. Conc. Type S-1 Mod. Surface Course 17 Imported Clean PAGE TOTAL 6th Ave. . 11th St. CONTRACT QUANTITY UNIT PRICE CHANGE ORDER NO. 1 TC 1992 ROAD IMPROVEMENTS CONTRACT CITY OF OKEECHOBEE, FLORIDA A -- PREVIOUS PERIOD THIS PERIOD TOTAL TO DATE AMOUNT QUANTITY I AMOUNT QUANTITY I AMOUNT QUANTITY AMOUNT 1,445 S.Y. $ 0.58 $ 838.10 0 0 1,445 838.10 788 S.Y. $ 1.00 $ 788.00 1,379 S.Y. $ 3.40 $ 4,688.60 1,318 S.Y. $ 2.60 3,426.80 0,741.50 0 838.10 ]! 838.10 1,937 S.Y. $ 0.58 $ 1,123.46 1,033 S.Y. $ 1.00 $ 1,033.00 1,851 S.Y. $ 3.40 $ 6,293.40 1,775 S.Y. $ 2.60 $ 4,615.00 609 C.Y. $ $ $ 0 -W, 838. 10 838-10 $ PAGE 6 CHANGE ORDER NO. 1 ' " 1992 ROAD IMPROVEMENTS CONTRAI contractor: Better Roads of Lake Placid, Inc. CITY OF OKEECHOBEE, FLORII '(40ESCRIPTION CONTRACT PREVIOUS PERIOD THIS PERIOD TOTAL TO DATE ITEM QUANTITY UNIT AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT PRICE S.E. 3 St. Between S.E. 2nd Ave. and S.E. 3rd Ave. 1 Roadway Subgrrade Material 453 S.Y. $ 0.58 $ 262.74 4 61/2" Shell Base 1,540.20 0 0 320 1,088.00 320 1,088.0C Material 453 S.Y. $ 3.40 $ 8 1 11r Asph. Conc. Type S-1 Mod. Surface Course 453 S.Y. $ 2.60 $ 1,177.80 Item Subtotal; - .: r� �,. -_' `- . $ 2.980.7400 :.<l. `. 0 . _. - 11088. 1, 88. S.W. 5th Ave. between S.W. 3rd St. and S.W 1 Roadway Subgrade Material 4 6 1/2" Shell Base Material 8 1 1/4' Asph. Conc. Type S-1 Mod. Surface Course Item Subtotal PAGE TOTAL 502.4 S.Y. 1 $ 0.58 1 $ 291.39 502.5 S.Y. $ 2.60 $ 1,306.42 :r:�p.. ':.i_ a.._ Try: c.•vy: 6.286.71 .�_ -�.� r.:�iY• _.... 11190.00 - 1,190.00 .;.'` 2,278.00 2,278.00, PAGE 7 APPLICATION FOR PAYMENT NO. Contractor 10 m CONTRACT CHANGE ORDER NO. 1 T 1992 ROAD IMPROVEMENTS CONTRAC CITY OF OKEECHOBEE, FLORID, PREVIOUS PERIOD THIS PERIOD TOTAL TO DATE REM DESLRIPTION QUANTITY UNIT AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT OUANTiTY AMOUNT PRICE S.E. 4th S een S .- tb Ave. and S.E. 6th Ave. 1 oadway Subgrade Material 232 S.Y. $ 0.58 $ 134.56 4 6112" Shell Base Material 232 S.Y. $ 3.40 $ 788.80 g 1 114` Asph. Conc. Type S-1 Mod. Surface Course 232 S.Y. $ 2.60 $ 603.20 Item Subtotal A ,=-. $ 1 526.56 S.W.11th Ave. between S. Park St. and S.11th St. 6 Type 11150# Asph. ---- - — -- " Core. 1.9veling Course TN. $ 1/4` Mod. Surface Course S.Y. $ 2.60 $ Item SubtotalAmIL— 1,='-:V:-u 11 PAGE TOTAL -, -j Is ,o A ^": ^ INIO. 1 7 1992 ROAD IMPROVEMENTS CONTRAC convector. Better Roads of Lake Placid, Inc. CITY OF OKEECHOBEE, FLORID CONTRACT PREVIOUS PERIOD THIS PERIOD TOTAL TO DATE ITEM DESCRIPTION QUANTITY UNIT AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT G.PRICE Roadway Work Widen *Wz Ir Shellrock rtVM side of roadway excavating 8.5" Base with prime in widened area 112"AsptL Cam Type S411 Surface Course over widened area Power broom existing paved road & apply tack coat I 1/2"Asph. Conc. Type S-111 Surface Course over existing roadway & the widened portion 1. L.S. 21,631.25 $ 21,631.25 Item Subtotal $ 21,631.25 'ater Treatment Plant Driveway 1 Roadway Subgrade Material 976 S.Y. 0.58 $ 566.08 2 Site Restoration -uga-&-y- $ 1.00 $ 1,080.00 4 6 1/2' Shell Base Material 1,022 S.Y. $ 3.40 $ 3,474.80 a I 1/4"Asph. Conc. Type S-1 Mod. Surface Course 2,120 S.Y. $ 2.60 $ 5,512.00 13 Remove & Replace Unsuitable Material C.Y. $ $ 14 construct Retaining Wall L.F. Item Subtotal PAGE TOTAL $ PAGE 9 APP'IJUATION FOR PAYMENT NO. Qoritractor: ITEM Items CHANGE ORDER NO. 1 TC 1992 ROAD IMPROVEMENTS CONTRACT CITY OF OKEECHOBEE, FLORIDA CONTRACT PREVIOUS PERIOD THIS PERIOD TOTAL TO DATE -r- QUANTITY UNIT AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT PRICE I is '%Adpg Manholes — to Grade 20 EA. $ 245.00 $ 4,900.00 0 0 9 2,205.00 9 2,205.00 is WKW -- Draimage Structures 3 EA. $ 5,775.00 $ 17,325.00 Item Subtotal 225.W 0 2,205.00 7. 2,2 PAGE TOTAL 49,172.69 0 2,205. 00 M-7 2,205. 00 LJ 10 PAGE 10 4 1 11 1- .I - .I � I bi I 1 1* J-1 11 j J,h=! 1' I , � 16). Contractor. CHANGE ORDER NO. 1 To 1992 ROAD IMPROVEMENTS CONTRACT CITY OF OKEECHOBEE, FLORIDA CONTRACT PREVIOUS PERIOD THIS PERIOD TOTAL TO DATE QUANTITY UNIT AMOUNT 'QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT ITEM DESCRIPTION PRICE 4&TOTAL PAGE 0 2,560.84 2,560.84 0 3,844.74 TOTAL PAGE 2 21,041.42 3..844.74 -; - TOTAL PAGE 3 4-s- 18,767.46 0 599-14 = 599.14 Aw TOTAL PAGE 4 12,337.54 0 5,211.14 5,211-14 All 4Z TOTAL PAGE 5 0 0 20,111.38 7: u TOTAL PAGE 6 0 838.10 838.10 TOTAL PAGE 7 6,286.71 0 2,278.00 2,278.00 7-777777= - TOTAL PAGE 8 TOTAL PAGE SO TOTAL PAGE 10 0 2,205.00 2,205.00 49172-69 PROJECT TOTAL 0 12,536.96 17,536.96 IQ PAGE 11 0 City of Okeecho 55 S.E. Third Avenue S Okeechobee. El de 606 S.E. ath St. Florida r.'ar jO: I regret to inform the City Council meeting thereafter as it can employment as a police terminated. you that we of June 15, be heard, officer f, As you are aware, you were p1 w i thoi.zt pay at the February 16, 199 -cur inability to perform your dutiE :lay period expired on May 1?, 199: ,3 •, t . 24as 1S, I heard nothing f: o n work, or what your plans w, I1 Rt i a order to continue your you would have to make arra finan�e director. You did not do .;pproximately a900.00 in premiums fi iiabie to repay. In short, you have ,_, ty during your absence to secure e been short an officer during y required the other officers to operating being short-handed. file-rercre, I will recommend t vouz 3M.pioyMent be terminated for n _ ; L ::-nd the meeting, and, you hav that you may _--nation, please be adviz tha _--,�:Zu.,a equipment, i nclud;.r,g your hi .:cards , f�` Mobley et of Police • e / da 34974-2932.813/763-3372 4 4j�% I June 10, 1993 1 ave placed on the agenda for 993, at 7:00 P.M., or as soon y recommendation that your the City of Okeechobee be ed on 90 day personal leave City Council meeting, due to as a police officer. This 90 when you were to return to.. you about your intentions to e. Further, you were informed :alth insurance during your gements to pay it through the so, and the City has paid you, for which you are still of attempted to work with the dour return to the force. We jr absence, and this loss has 111 in. We cannot continue the Council on jpnt 15 that lect of duty. You are welcome certain rights as an officer T.qisii o explore. Upon your you *dust turn in your City- dgun. • • AN ORDINANCE OF THE CITY OF OKEEC AREAS WITHIN THE CITY LIMITS OF 7 EXEMPTED FROM THE APPLICATION 4 CONTAINED IN OKEECHOBEE COUNTY O SUPERSEDE CERTAIN OKEECHOBEE COi CITY'S INTERLOCAL AGREEMENT WITH O, CONSOLIDATED OKEECHOBEE COUNTY PROVIDING FOR SEVERABILITY, PROV/DI NOW THEREFORE, BE 1T ORDAINED by the as follows that: Section 1. Findings It is hereby (A) On April 15, 1985, the City of interloca/ agreement which merged the City's departments into one department referred to as the Zoning Department. The interloca/ agreement req ordinance to extend its jurisdiction over the City and zoning districts then in effect within the City. The int amendment to its zoning ordinance include a provii within the City shall be submitted for final further required that the City repeal all City ordinances date the County zoning ordinance was amended. (B) On June 13, 1965, the Board of County County Ordinance No. 85-1 which amended County zoning ordinance, to apply to and have jurisdiction unincorporated areas of Okeechobee County, Florida. County zoning ordinance to adopt the City's zoning (C) On June 18, 1985, the Okeechobee City repealed the City's zoning regulations as agreed to in (D) On January 6, 1987, the City and County to specifically provide procedures to be followed by repealing zoning regulations relating to real property agreement provided that a// proposed amendments or 1 NO. NO BEE, FLORIDA, PROVIDING THA CITY OF OKEECHOBEE SHALL 84f'** CERTAIN TERMS AND PROVISIONS INANCE NO.92-20 WHICH REPEAL OR IY ORDINANCES IMPLEMENTING THE .CHOBEE COUNTY CONCERNING THE IILDING AND ZONING DEPARTMENT; FOR AN EFFECTIVE DATE Council of the City of Okeechobee, Florida, determined and declared that and Okeechobee County entered into an County's individual building and zoning Okeechobee County Building and that the County amend the County zoning the City's zoning district regulations and agreement also required that the County's that all proposed rezonings for real property the City Council. The interloca/ agreement to building and zoning effective on the of Okeechobee County enacted No. 74-1, the Okeechobee County all of the incorporated areas as well as the Ordinance No. 85-1 also amended the regulations and zoning districts. adopted City Ordinance No. 541 which interloca/ agreement April 15, 1985 interloca/ agreement City and County in amending, modifying or the City. The amendment to the interiocal to the County's zoning ordinance • which affected land use regulations, zoning or re: submitted to the City Council for consideration Commissioners. The amendment further provided proposed amendments or modifications of the Count the City, shall be binding upon the Board of County (E) On January 22, 1987, the Okeechobee Ordinance No. 87-1 which amended County ordinance, to create and establish zoning district the incorporated and unincorporated areas of (F) On December 30, 1992, the adopted Ordinance No. 92-20, establishing land County Ordinance No. 92-20 refers to the land the Okeechobee County Land Development Code. Development Code purports to repeal or supersede including the following County Ordinances which imp as amended on January 6, 1987. County Ordinance N Ordinance No. 85-1, which amended the County's zo property located within incorporated areas of the City a, regulations and zoning districts as part of the County's 87-1 which amended the County's zoning ordinance to for certain commercial zoning districts in the County. (G) Prior to adopting County Ordinance No. Okeechobee County did not submit the proposal to 85-1 and 87-1 to the City Council for their Development Code the County did not comply with modifying, repealing or superseding zoning regulations limits. (H) The purported repeal of County Ordinance No. 92-05 has created uncertainty and 1 of real property withinA�C' s all be r to adopting by the Board ou those decisions of the City Council as ordinance which affected property within !y Board of County Commissioners adopted No. 74-1 as amended, the County zoning 7s for certain commercial zoning districts in re County. County Board of County Commissioners regulations for Okeechobee County. regulations enacted by that ordinance as 1, Section 1.09.00 of the County Land number of Okeechobee County ordinances the April 15, 1985 interlocal agreement 74-1, the County's zoning ordinance; County ordinance to extend jurisdiction over real which also adopted the City's zoning district ordinance; and County Ordinance No. and establish zoning district regulations and unincorporated areas of Okeechobee the Board of County Commissioners of or supersede County Ordinances Nos. 74-1, Therefore, in enacting the County Land agreed upon procedures for amending, to real property located within the City Nos. 74-1, 85-1 and 87-1 by County with regard to the status of the interlocal agreement as amended, the Consolidated Okeecho a County BuildinPdeffffee/rtpropelly Zoning Departmen4 and those specific County zoning and land use r�egulatlo which concern a located within the City limits of the City of Okeechobee. 41$10 (I) In order to remove an uncertainty a I doubt regarding the status of the interiocal agreement as amended, the Consolidated Okeecho a County Building and Zoning Department, and those specific County zoning and land use regulation hich concern and effect property located within the City limits of the City of Okeechobee, the City C ncil of the City of Okeechobee deems it to be in the best interest of the health, safety and welfare f the City of Okeechobee to enact an ordinance which exempts, or opts out, all areas within the i limits of the City of Okeechobee from the applications of those specific terms and provisions f rticle 1, Section 1.09.00 contained in County Ordinance No. 92-20 which purport to repeal or super de Okeechobee County Ordinance Nos. 74-1, 85-1, 87-01 and any other Okeechobee County Ordia es expressly cited in Article 1, Section 1.09.00 which properly implemented the terms of the interlo agreement as amended. (J) By exempting, or opting out, all of t areas within the City limits of the City of Okeechobee from the application of those specific to sand provisions of Article 1, Section 1.09.00 contained in County Ordinance No. 92-20 which purpo o repeal or supersede County Ordinance Nos. 74-1, 85-1, 87-1 and any other Okeechobee County dinances expressly cited in Article 1, Section 1.09.00 which properly implemented the terms of the erlocal agreement as amended, a municipal purpose is served, that purpose being the orderly and per conduct of municipal government zoning and land use regulatory authority, the exercise of th municipal function of zoning and land use regulation which is essential to protect the health, mor , safety, protection and welfare of the City of Okeechobee, the provision of consolidated Okeecho a County Building and Zoning Department services to residents and property owners located withi the City limits of the City of Okeechobee and other benefits of interlocal cooperation received by b t the City of Okeechobee and Okeechobee County as a result of having entered into the intedocal reement as amended Section 3. Exemption of Areas Within the County Ordinance 93-20 All areas within the City of C application of those specific terms and provisions of Ordinance No. 92-20 which purport to repeal or super repeal or supersede County Ordinance Nos. 74-1, 3 c f Okeechobee from Certain Provisions of Florida shall be exempted from the 1, Section 1.09.00 contained in County County Ordinance 92-20 which purport to 87-1 and any other Okeechobee County • ordinance expressly cited in Article 1, Section 1.l interloca/ agreement as amended. Section 4. Severability 1f any provision or portion of this ordinance to be void, unconstitutional, or unenforceable, ordinance shall remain in full force and effect. Section 5. Effective Date This ordinance shall become effective immo This ordinance shall be set for final public h effect immediately upon its adoption. Introduced for first reading and set for final i UT.11 ATTEST: 00 which props Aimp d the terms of the eclared by any court of competent jurisdiction all remaining provisions and portions of this upon its adoption. the 6th day of AU IV . 1993, and shall take hearing this 15th day of June . 1993. JAMES E. K►RK BONNIE S THOMAS, CMC, CITY CLERK Passed and adopted on second reading and final public hearing this 6th day of July • 1993. ATTEST: BONNIE S. THOMAS, CMC, CITY CLERK 4 E. KIRK • (B) On June 13, 1985, the ORDINANCE AN ORDINANCE OF THE CITY OF i THAT ALL AREAS WITHIN THE OKEECHOBEE SHALL BE EXEMPTED F TERMS AND PROVISIONS CONTAINED NO. 93-20 WHICH PURPORT TO RE] ORDINANCES IMPLEMENTING THE CI OKEECHOBEE COUNTY CONCERNING COUNTY BUILDING AND ZONING SEVERABLITY; PROVIDING FOR AN NOW THEREFORE, BE IT ORDAINED t of Okeechobee, Florida, as follows Section 1. Findings,. It is hej declared that: (A) On April 15, 1985, the Ci County entered into an interlocal ac and the County's individual buildi one department referred to as the Building and Zoning Department. The that the County amend the County z, Jurisdiction over the City and to ad regulations and zoning districts th, The interlocal agreement also requii to its zoning ordinance include a rezonings for real property within th final disposition to the City Counci further required that the City repeal to building and zoning effective on ordinance was amended. 1 of County Commissioners of P/k 660 EECHOBEE, FLORIDA, PROVIDING :TY LIMITS OF THE CITY OF !M THE APPLICATION OF CERTAIN 9 OKEECHOBEE COUNTY ORDINANCE AL CERTAIN OKEECHOBEE COUNTY ,IS INTERLOCAL AGREEMENT WITH CHE CONSOLIDATED OKEECHOBEE DEPARTMENT; PROVIDING FOR FECTIVE DATE. the City Council of the City it: ascertained, determined and of Okeechobee and Okeechobee %ment which merged the City's and zoning departments into 3olidated Okeechobee County terlocal agreement required ng ordinance to extend its the City's zoning district in effect within the City. that the CountyyIs amendment 'ovision that all proposed City shall be submitted for The interlocal agreement 11 City ordinances relating the date the County zoning (B) On June 13, 1985, the Board of County Commissioners of Okeechobee County enacted County Ordinance No. 85-1 which amended County Ordinance No. 74-1, the Okeec 110bee County zoning brdinance, i to apply to and have jurisdiction over all of the incorporated areas as well as the unincorporated areas of Okeechobee County, Florida. County Ordinance No. 85-1 also amended the County zoning ordinance to adopt the City's zoning district regulations and zoning districts. (C) On June 18, 1985, the Okeechobee City Council adopted City Ordinance No. 541 which repealed the City's zoning regulations as agreed to in the interlocal agreement. (D) On January 61 1987, the City and County amended the April 15, 1985 interlocal agreement to specifically provide procedures to be followed by the City and CountV in amending, modifying or repealing zoning regulations relating to real property within the City. The amendment to the interloCal agreement provided that all proposed amendments or modifications to the County's zoning ordinance which affected land use regulations, zoning or rezoning of real property within the City shall be submitted to the City Council for consideration prior to adoption by the Board of County Commissioners. The amendment further provided that those decisions of the City Council as to proposed amendments or modifications of the County zoning ordinance which affected property within the City, shall be binding upon the Bo d of County Commissioners. M • • P /,( (E) On January 22, 1987, the Okeechobee County Board of County Commissioners adopted Ordinance No. 87-1 which amended County Ordinance No. 74-1 as amended the County zoning ordinance, to create and establish zoning distzict regulations for certain commercial zoning districts in the incorporated and unincorporated areas of Okeechobee County. (F) On December 30, 1992, the Okeechobee County Board of County Commissioners adopted Ordinance No. 92-20, establishing land development regulations for Okeechobee County. County Ordinance No. 92-20 refers to the land development regulations enacted by that ordinance as the Okeechobee County Land Development Code. Article I, Section 1.09.00 of the County Land Development Code purports to repeal or supersede a number of Okeechobee County ordinances including the following County Ordinances which implement the April 15, 1985 inter cal agreement as amended on June 6, 1907: County Ordinance No. 74-1, the County's zoning ordinance; County Ordinance No. 85 1, which amended the County's zoning ordinance to extend jurisdiction over real property located within incorporated areas of the City and which also adopted the City's zoning district regulations and zoning districts as part of the County's zoning ordinance; and Ccunty Ordinance No. 87-1 which amended the County's zoning ordinance to create and establish zoning district regulations for cert n commercial zoning districts in the incorporated and unincorpora d areas of Okeechobee County. 3 • 0 (G) The purported repeal of courity Ordinances Nos. 74-1, - and 87-1 by County Ordinance No. 92- has created uncertainty and doubt with regard to the status of the interlocal agreement as amended, the Consolidated Okeechobee County Building and Zoning Department, and those specific Cointy zoning and land use regulations which concern and effect real property located within the City limits of the City of Okeec bee. (H) In order to remove any uncertainty and doubt regarding the status of the interlocal agreement as amended, the Consolidated Okeechobee County Building and Zoning Department, and those specific County zoning and land use regulations which concern and effect property located within the City limits of the City of Okeechobee, the City Council of the City of Okeechobee deems it to be in the best interest of the health, safety and welfare of the City of Okeechobee to enact an ord nance which exempts, or opts out, all areas within the City limits of the City of Okeechobee from the application of those specific terms and provisions of Article I, Section 1.09.00 contained n County Ordinance No. 92-20 which'purport to repeal or supersede Okeechobee County Ordinance Nos. 74-1, 85-1, 87-01 and any other Okeechobee County ordinances expressly cited in Article I, Section 1.09.00 which properly implemented the terms of the interlocal agreement as amended. (I) By exempting, or opting out, all of the areas within the City limits of the City of Okeechobee from the application of those specific terms and provisions of Article I, Section 1.09.00 contained in County Ordinance No. 92- 0 which purport to repeal or 4 0 • supersede County Ordinance Nos. 74- Okeechobee County ordinances express AINO 85-1, 87-1 and any othe cited in Article I, Section 1.09.00 which properly implemented the terms of the interlocal agreement as amended, a municipal purpose is served, th$t purpose being the orderly and proper conduct DE municipal government zoning and land use regulatory authority, a exercise of the municipal function of zoning and land use regaLation which is essential to protect the health, morals, safety, Drotection and welfare of the City of Okeechobee, the provision of consolidated Okeechobee County Building and Zoning Department services to residents and property owners located within the City limit of the City of Okeechobee and other benefits of interlocal cooperat on received by both the City of Okeechobee and Okeechobee County s a result of having entered into the interlocal agreement as at Section 3. Exemption of Areas from Certain Provisions of County within the City of Okeechobee, Flor application of those specific terms Section 1.09.00 contained in Coun purport to repeal or supersede Cou 1 87-1 and any other Okeechobee Count Article I, Section 1.09.00 which pr l the interlocal agreement as amended. 5 thin the CitY of Okeechobee nance 93-20. All areas a shall be exempted from the nd provisions of Article I, Ordinance No. 92-20 which t Ordinance Nos. 74-1, 85-1, ordinance expressly cited in ly implemented the terms of 0 • Section 4. Severability If any provision or portion o any court of competent jurisdiction or unenforceable, then all remain this ordinance shall remain in full Section 5. Effective Date This ordinance shall become adoption. This ordinance shall be set f i day of Julv , 1993, and shall to adoption. Introduced for first reading r this 15th day of June , 1993. ATTEST: BONNIE S. THOMAS, CMC, CITY CLERK Passed and adopted on second r, this 6th day of Julv , 1993. ATTEST: BONNIE S. THOMAS, CMC, CITY CLERK this ordinance is declared by to be void, unconstitutional, g provisions and Portions of force and effect. fective immediately upon its final public hearing the 6th effect immediately upon its set for final public hearing JAMES E. KIRK ng and final public hearing JAMES E. KIRK INTERL,OC T AGREEMENT , This Interlocal Agreement, day of April, 1985, by and between subdivision of the state of Florida, County Commissioners, hereina CITY Or OKEECHOBEE, a municipal.er the "City,,,. nade and entered into this 4-20elp* OKEECHOBEE COUNTYt; a political acting through! Iits Hoard of er called the "County", and the corporation hereinafter called I. This Interl• ocal Agreem 1b3.01, Florida Statutes. t is adopted P pursuant to Section 2. It is understood and effective May 1, 1985, or upon approval Of Legal Affairs, whichever consolidated Okeechobee County operated by the County and having incorporated and unincorporated areas 3. The City Building and 2oning exist as of May 1, 1985 or Department of Legal Affairs, Whichever City Building Official and Zoning that time an employee of the Cou u'•'t1.Liau to all uer►ur".�.Ly erti joYc County. His position and respo department shall be determined entitled to continue contribution until August 31, 1985. Otherwis provisions of the County,s Personrel The vehicles currently used by Department shall be transferred to Department and owned by the County, Agreement, all vehicles so transferred Zoning Department and which remain be transferred back to the City. agreed between the parties that, by the Florida Department is .later, there shall be; one Bijilding and Zoning Department, jurisdiction over all the of Okeechobee County. Department shall cease to poll approval by the Florida is later, and the current Administrator shall become at y� at the same salary, and icy arty Other curpivyee of the ibilities in the consolidated y the County. fie shall be to the City's retirement system Ile shall be subject to all the Policy regarding employees. the City Building and Zoning the County Building and Zoning Upon the termination of this to the County Building and in service to the County shall 4, The County shall amend its 74-1) to extend its jurisdiction over shall also includes Zoning Ordinance (Ordinance the City. This amendment i 0 a. adoption of the City s Zoning District [regulations aJ$" zoning districts currently in effect within the City. b, the provision that the P / Planning Commission and Board of Adjustment shall have a total f seven (7) members, a minimum of two (2) of whom must reside 'thin the City. The remaining members may reside anywhere wit .n the County. All members shall be appointed by the Board of Co 11ty Commissioners. C. the provision that l Proposed rezanings for real property within the City sh 1, after consideration Planning Commission by the be submitted for final disposition to the City Council. d. the provision that appeals from variance and special exception approval or denials shall be handled pursuant to Section 163.250, Florida Statute 5. The City shah, be respollsible for defending regarding any rezoning, s ccia litigation p exception, variances or appeal on property located within the City. The County shall amend its building and related codes (Oz'dinance 83-5) and Constructs n Licensing Board Ordinance (Ordinance 70-2) to extend their jurisdiction over the City. Amendment shall also include a ovision that fees for shall be uniform throughout t he County s incorporated and unincorporated areas, as we as a that provision all applications for building Permits involving property within the City shall be submitted to the City public Works and Utilitie Department and City Fire Chief for s approval as to compliance with City water, sewer and Plans n� drainage, .. and fire safety code prior to the issuance of any permit. 7. The City shall repeal P all ordinances relating to Building and Zoning, effective at the date the County Ordinances cited above are amended. 8. The County Code Enforcement Board shall have sole Jurisdiction over all zoning and building code matters that ma arise within the City. Y r 9• This znterlvc / al Agr ment shall remain in effect fiscal year to fiscal fro yea r less either party shall no l 4k than July 1 of ater each year notif in writing the othera party of its intent to terminate said agreem it. IN WITNESS WHEREOF, the arties have hereunto hands and seals on the daySet their and to first above written. 0 ECHODEE COUNTY (SEAL) Attest 4C k, County Commissioners CI Sri /If ' aj"j,a,, " V, cq - CrM@2ti,An1 nes D. Lashley, Chairman ard of County COMissioners eechobee County, Florida OF OKEECHOBEE aKland Chapm'�n M City of Okeechobee i AMENDED INTt BLOC AGREEMENT. This AMENDED Interlocal Agreement, made and entered into this bth day of January, 1987, by and between OKEECHOBEE COUNTY, a political subdivision of the state of Florida, actirfg through its Board of County Commissioners, hereinafter referredeto as the "COUNTY," and the CITY OF OKEECHOBEE, a Florida municipal corporation, hereinafter referred tO as the "CITY." IIITNESSE,TH s WHEREAS, the COUNTY and the TY i lave on the 1 th day of ►11,rI1 , 1985 entered i o an Interlocal Agreement providing for the creation of a coil olidated building and Zoning Department to be operated by the COUNTY and having jurisdiction over all the incorporated and unincotporated areas of Okeechobee County, a copy of which Agreemert is attached hereto and incorporated herein by reference, ar WHERSAS, said Interlocal Agreement provided that the CITY would repeal all ordinances relating to building and zoning and the COUNTY -would adopt the CITY's existing Schedule of District Regulations and zoning districts nnd further provided that rczonislqg,.,, P PR1ications relating to rexi property within the CITY shall be submitted to the City Counc' for final disposition, and WHEREAS, said Interlocal Aga ment did not specifically Provide for procedures to be follow for amending or modifying the Schedule of District Regulations and WHEREAS the COUNTY and thQ CITY desire to amend said Interlocal Agreement to provide such procedures. NOW, THE118FOIJE, the COUNTY and the CITY agree as follows: 1• The Interlocal Ayr event entered into on Ar)ril 15th 1985 shall be amen ed by adding the following provisions: n. All proposed amendmenLs or modifications to the Okeechobee County zoning ordinance (Ordinance 74-1) which shall affect land use regulations, zoning or rezoning of real property within the C17'Y shall bca SUblInitted to the City Council for oonslceration prior to its I'doption by the Board of County Commissioners. I • P / B. The decision of the city Council as to the proposed amendment or modification of the County zoning ordinance, as same affects real, property within the CITX shall be bindingIUpon the Board of County Commissioners. t C. Nothing herein shall be authority of the Board construed to limit the of County CoiM,issioners to enact amend �-►od i L• r which effect land orordinances rezoning of real use regulation, coning or property located 'n the unincorporated p the COUNTY. area of 2. In all other respects the Interlocal Agreement dated April 15th , 1985 shall remain in full force and effect. 3• This Amended Interlocal Agreement to Florida Statutes is adopted pursuant Section 163.01. 4• This Amended Interlocal Agieement January 6th shall take effect on _ r 1987, or upon b a. roval �'�' y the Florida Deparcinent of Legal Affairs, whichever shall occur latex, IN WITNESS W1IERE0E', the parties have hereunto ' hands and seals on the day and date fi7st set their above written. OKEEC11 EE COUNTY i' Ta7les D. Lashley, Chairllian Mare Okeechobee of County Commissioners County, Florida (SE(SEAL) ,. Attest, . KC .e k, Board County Commissioners (SEIAL) City CTerk CITY OFOKEECHODEE BY ..., . ,.••' _. , ,ram, , �Ma yo,.. j YL City - f Okeechobee AN EXCERPT FROMQkEECHOBEE COUNTY OR NANCE NO. 05, ARTICLE 1 SECTION ` 1.09.00 OF THE CHOBEE COUNTY LAN DEVELOPMEMWOULATIONS (ALSO REFERRED TO AS TTM OKEECHOBEE COUNTY LAND DEVELOPMENT CODE) Page 1-20 Okeeehvbee Couniv Land 0evelooment Ruoulotigno or district line into the remiRirling portion of the Iot. / 4, 1 4j!� 1.08.12 Relatiolnsbip Of Specific lo General Provisions More specific provisions of this Code shall be followed in lieu of morez general provisions that may be more lenient than or in conflict w the more specific provision. 1.09.00 SUPERSEDING OF MRIC C PROVISIONS This Code hereby supersedes the followin keechobee County Ordinances: 74-1, 75-1, 76-1, 77-3, 78-2, 78-31 78-4, 7 -41 79-6, 79-8, 80-1, 81-11 81-71 81-10, 81-11, 82-3, 82-6, 83-1, 83-3, 84 , 85-1, 85-11, 86-5, 87-1, 88-3, 89-2 and those provisions of such other County Ordinanc as are inconsistent herewith. 1.10.00 Proviso Supersession of the Ordinances listed in see to make a structure or use that was illegal ordinances, legal or conforming. It is the illegal or nonconforming under any o nonconforming under this code unless otht )n 1.09.00 above, shall not in any way be deemer. nonconforming under any provision of the lister ent of this Code that uses or structures that wen the listed Ordinances shall remain illegal or ,ise specifically provided herein. 1.11.00 ABROGATION This Land Development Code is not intendul to repeal, abrogate or interfere with any existim easements, covenants, or deed restrictions d ly recorded in the public records of the County 1.12.00 SEVERABILITY If any section, subsection, paragraph, ser held by any court of competent jurisdi< validity of the remaining portions of this 1.13.00 EFFECTIVE DATE This Code shall be effective upon receipt Mal - e, clause, or phrase of this Code is for any reasov to be unconstitutional or otherwise invalid, thi e shall continue in full force and effect. the Secretary of State of Florida. mber 30.1092 ="�.d � t0£8Szb b06 I Ian-+o1,1 •�M i'a"o4�lW 6S:0i I21� £6—IT—Nf1t' CITY OF OKEIttHOBEE MEMORA UM TO: Mayor and Council DATE: June 11, 1993 THRU: THRU: FROM: Ruth Ellen Smith, Executive Sec **************************************** John Cook will deliver Exhibit 6, Agenda. We apologize for the inconvenience. SUBJECT: Agenda Item No. 5 corresponds to Item 5 on the 1% �U• _ m-4 FLORIOA,,� TO: THRU: THRU: FROM: 11 CITY OF OKEE HOB MEMORAN UM Mayor and Council John J. Drago, City Administrator Chuck Elders, Director Public 1 have reviewed all the proposals Drainage and present the following for your c 1. Lawson, Noble & DATE: May 28, `1993 t SUBJECT: Civil Engineering Proposals Engineering for Roads and These engineers have a great deal of experience in roadways and drainage- designs which inc es approximately 24 miles of major highways and over 50 intersection improvements and 75 residential street improvement projects. Their fee per hour in engineering services. Lawson, Noble & Associates located in West Palm Beach ' City of Okeechobee's busint the results will be better ser 2. Knepper & Willard, Inc. 3. Mock, Roos, Inc. The remaining Civil Engineering Aim Engineering & Surveying Barker, Osha & Anderson, Inc. Chastain, Skillman Gee & Jenson Hartman & Associates Hoover, Thompson & Associates fields is less then most other a small company with 27 employees id 1 feel with a smaller company the will be more important to them and e., are listed below: Keith & Schnars Kimball, Lloyd, Inc. McGowan & Company Metric Engineering, Inc. Post Buckley, Schuh & Jernigan Stanley Consultants 11 ,o/Q+�OKEyC w City of Okeecho e 55 S.E. Third Avenues Okeechobee, Florida June Daniel S. Willard, P.E. Knepper & Willard, Inc. 3030 N. Rocky Point Drive, West Suite 570 Tampa, Florida 33607-5905 Dear Mr. Knepper. At the June 1, 1993, City Council Meetin of Public Work's rank order for Civil Engineer develop a continuing services contract with the firms give a presentation before them at their Ji will be limited to 15 minutes. The rank order c 1. Lawson, Noble & Associa 2. Knepper & Willard, Inc. 3. Mock, Roos & Associates, If there are any conflicts with the above JJD/res 34974-29320813/763-3372 993 to City Council accepted the Director The purpose of the rank order is to firm. The Council requested that the 15, 1993 Meeting. The presentation ms were: please let me know. Knepper&Millard, inc. Ci\A • Environmental Engineers June 10, 1993 Mayor and City Council City of Okeechobee 55 S.E. Third Ave. Okeechobee, FL 34974 Re: City of Okeechobee Wastewater Treatment Dear Mayor and City Council: We appreciate the opportunity to meet and further expansion program at the Council meeting of June Based upon the findings of the preliminary engine the guidance provided by the Council on June 1, w We recommend that the City proceed with expansii facility to a capacity of 1.3 MGD, average annual d maximum month), utilizing an extended air, oxidati Depending upon final process selection and the oui construction cost for this treatment facility should t $3,800,000. This amount does not include expansic associated non -construction costs such as administr administration and legal; and contingencies or finar relatively unaffected by the particular process selec Additionally, we recommend that the City continue making reclaimed water available for agricultural a. an effective way to solve the disposal problem, but encouraged by all regulatory agencies. Both the Sc and the Florida Department of Environmental ReE not too distant future may be demanding, recycling and reducing adverse impacts on the valuable wate identification of the actual users of the reclaimed v we are unable to provide a construction cost of the additional customers; however, based upon the fine (Table 4.4), this range should be anywhere from $1 do not include non -construction costs, contingencie 3030 N. Rocky Point Drive West Suite 570 Tampa, Florida 33607-5905 • Expansion the wastewater treatment plant 1993. phase, subsequent discussions and -.r the following recommendations. of the existing wastewater treatment ly flow (AADF) (and 2.0 MGD for the � ditch activated sludge facility. )me of the detailed design phase, the in the range of $3,200,000 to of the reclaimed water system; any ve, engineering, construction ng costs. Impact on these costs will be ,ith its effluent reuse program by other irrigation uses. Not only is this is also in the direction being h Florida Water Management District ation are now encouraging, and in the id reuse as a means of conservation esources of the state. Until ,er, and completion of the design phase, tcilities necessary to serve these gs of the preliminary engineering phase 10,000 to $2,052,000. Again, these costs )r financing costs. Hillsborough Pinellas FAX (813) 281-0120 (813) 821-3291 (813)281-1156 0 • Mayor and City Council City of Okeechobee June 10, 1993 Page 2 The program that we are recommending should with reliable, economical wastewater service. As -requested, we have investigated the cost of cot process, similar to the existing plant. Meeting the will be necessary for effluent reuse off site, we est This compares with the range of $3,200,000 to $3,� facility. Reclaimed water system expansion costs i treatment process selected. Although continuing 1 some money initially, we do not recommend this f construction costs are well spent for the greater & would result from the extended air facility, and wt. costs. As indicated earlier, we believe the City is j implementing off -site reuse, and therefore, it is im treatment system be implemented. The City can i meet its contractual or regulatory obligations. As you may be aware, the program schedule has r This schedule was established based upon the nee the Florida Department of Environmental Regula operating records indicates that flows to the existi and action should be taken by the City as soon as program. In summary, we recommend the following: 1. Accept the preliminary engineering 2. Determine to proceed with expansion of MGD (AADF), using an extended aeration, 3. Determine to proceed with the exl commence negotiations with potential water use. 4. Authorize the City Administrator to c Knepper & Willard, Inc. for the detailed the City well into the next century uing the existing contact stabilization luired Class I reliability criteria, which to a cost of approximately $3,015,000. ,000 given above for the extended air be essentially the same regardless of contact stabilization process may save ess. In our opinion, the additional ,ility in operation and reliability which also may result in lower personnel .eeding in the right direction by ative that a totally reliable wastewater Tord the costs of not being able to slipped by approximately 3 months. ,f the City system and requirements of . A recent review of the City's reatment plant continue to increase sible to expand and continue the existing wastewater treatment to 1.3 cation ditch activated sludge facility the effluent reuse program and to obtain contracts for reclaimed ce contract negotiations with phase. a Knepper& Willard, inc. Mayor and City Council ' City of Okeechobee June 10, 1993 Page 3 Knepper & Willard, Inc. fully appreciates and unden stands the importance of effricient utilization of the limited City finances. In that regard, within the dictates of good engineering and reliable wastewater treatment pra t ces, we will work diligently to economize the capital and anticipated operating cos s, while still providing for a reliable wastewater treatment system. We are available to answer any questions or provi whatever additional information that any members of City Council or City staff may ha Very truly yours, KNEPPER & WILURD, INC. Daniel S. Willard, P.E. Principal /kg Knepper& Willard. inc. I � ,Loma?;•• TO: i 7 vim^ .fir+, CITY OF OKE CHOBEE MEMORA DUM Mayor and Council THRU: THRU: FROM: Ruth Ellen Smith, Executive Secre ****************************************** Item No. 8 on the Agenda will h receive the document until the night of the inconvenience. DATE: June 1 f, 1993 SUBJECT: Comp Plan Litigation ************* exhibit, but, you will not be able to it Meeting. We apologize for the 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 * PRESENT THE C/TY OF GENERAL CM • June 1 Lawson, Noble & 420 Columbia Drive West Palm Beach, Florida 33409 (407) 684-6686 FOR ANT 1993 000 Ssociates, Inc. 590 N.W. Peacock Loop, Suite 10 Port St. Lucie, Florida 34986 (407) 878-1700 T FDOT PREQUALIFIED GROUP 3 HIGHWAY DESIGN 3.1 Minor Highway Design 3.2 Major Highway Design GROUP 7 TRAFFIC OPERATIONS DE 7.1 Signing, Pavement Marking an4 GROUP 8 SURVEYS 8.1 Land and Right -of -Way 8.2 Design Surveys GROUP 10 CONSTRUCTION El 10.1 Roadway Construction GROUP 12 RIGHT -OF WAY SURVEYIN 12.1 Right -of -Way Map Preparation 12.2 Legal Description Preparation LIBBEWDOTPRE.614 UIRED WORK TYPES AY G INSPECTION Inspection � & MAPPING PALM BEA( PREQUALIFIED REQ GROUP 3 HIGHWAY DESIGN ROI 3.1 Two Lane or Multi -Lane D 3.2 Two Lane or Multi -Lane Highways Design Including 3.3 Multi -Lane Rural, Limited , 3.6 Traffic Operation Design GROUP 5 TOPOGRAPHY 5.1 Land Surveying 5.2 Engineering Surveying 5.3 Geodetic Surveying 5.7 Cartography GROUP 8 MECHANICAL ENGINEERII�1 8.2 Waste Water Collection Systems 8.4 Water Distribution Systems IIBOMFDOTPRE.614 COUNTY QED WORK TYPES .Y Curb & Gutter Generally Free Access Sewers Expressway Type Highway Design L - - - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PA ROADWAY L PROJECTS PALM BEACH COUNTY ROADWAYS SUMMIT BOULEVARD (Haverhill Road to C4igress Avenue) 5 lane design - 2 miles SIMS ROAD (Linton Boulevard to entrance to of Delray) 2 lane design expandable to 5 lanes - 1.5 miles LAKE IDA ROAD (Jog Road to Military Trail) lane design - 2 miles SUMMrr BOULEVARD (Jog Road to Haverhill Road) 5 lane design - 1.5 miles JOG ROAD (1000 feet North of Yamato Road to ' t Moore Road) 4 lane divided expandable to 6 lanes - 1 mile JOG ROAD (Lake Ida Road to Woolbright Road) I3lane design expandable to 6 lanes - 3 miles HYPOLU%O ROAD (Jog Road to Military Trail) 41ane divided expandable to 6 lanes - 2 miles STATE ROADWAYS STATE ROAD 7 (Hillsboro Canal to Palmetto Road) 4 lane divided expandable to 6 lanes - 1.5 miles STATE ROAD 7 (Lake Worth Road to Southern ulev ard) 4 lane divided expandable to 6 lanes - 4.5 miles GLADES ROAD (State Road 808) (Florida's Turnpike to Powerline Road) widen existing 4 lanes to 6 lanes - 1.5 miles LU EWDOTPRE.814 U ROADWAY DESIGN PORT ST. L-U _IE goAMAvg N.W. CALIFORNIA BOULEVARD (St. Lucie divided - 1.5 miles S.W. CAIMORNIA BOULEVARD (Juliet A divided - 1.5 miles ST. LUCIE WEST BOULEVARD INTERSEC N.W. PEACOCK BOULEVARD (University Bi miles M.W. BETHANY DRIVE (N.W. University Bi miles N.W. UNIVERSITY BOULEVARD (California .5 mile LM8MF00TPpE.e14 ECTS (CONTINUED) Boulevard to Peacock Boulevard) 4 lane to St. Lucie West Boulevard) 4 land I19PROVEMENTS d to Cashmere Boulevard) 2 lane - 1.5 to Peacock Boulevard) 2 lane - .75 to N.W. Bethany Drive) 2 lane - 1 STREET IMPA 1 Gulfstream Road ' Selberg Road 42nd Avenue South Walker Avenue ' Boatman Street Kenyan Road ' Dale Road Serafica Drive ' Hypoluxo Farms Road Clock Road ' Thelma Road Dobrow Road ' Evens Drive 7th Avenue North ' Diamondhead Road Gondolier Road Windward Drive Starboard Drive ' Florida Gardens Subdivision ' LO Y%FDOTPRE.614 • PROJECTS 1/4 mile 1/4 mile 1/8 mile 1/4 mile 1/4 mile 1/4 mile 1/2 mile 3/8 mile 1/2 mile 1/4 mile 1/4 mile 1/8 mile 1/4 mile 3/8 mile 1/8 mile 1/4 mile 1/4 mile 1/4 mile 9 miles 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r INTERSECTION IMPRO MENT PROJECTS Powerline Road (S.R. 845) & North Palmetto C' c e Military Trail & S.W. 15th Avenue S.W. 18th Street (Military Trail to Seaboard a Railroad) Old Dixie highway & Newcastle Street Belvedere Road & 8th Street Forest Hill Boulevard (S . R. 882) & Davis Road Airport Road & S.R. 15 S.R. AIA & Beachway Drive Westgate Avenue (Wabasso Drive to Seminole Dr ie) Pedal Power Pump Station & Force Main Improvements Glades Road (S.R. 808) & Lyons Road Palm Beach Lakes Boulevard & Village Boulevard/Spencer Drive PGA Boulevard (S.R. 786) & Military Trail (S. Lyons Road & Palmetto Park Road UBBEY%FD0TPIiE.614 • PALM BEACH LAKES BOULEVAR� Location: West Palm Beach, Florida • LNk Lawson, Noble A Associates, Inc. ► & A USTRALIAN AVENUE The improvements to Palm Beach Lakes Bo I vard and Australian Avenue involved double left turn lanes on the east and west ap oaches and an additional through lane on the east approach to the intersection. P n preparation included Roadway and Signing and Pavement Marking Plans. 1 • 0 LNk Lawson, Noble A Associates, Inc. BLUE HERON BOULEVARD AND 5 Location: Riviera Beach, Florida 17 Blue Heron Boulevard and 1-95 on and off rarr s were widened to provide double left turn lanes for all approaches and departures. I 1 95 Bridge Pier locations necessitated crash walls with attenuators and cutting bac lope walls. Plan preparation included Roadway, Maintenance of Traffic, and Signio and Pavement Marking Plans. 0 • SUMMIT BOULEVARD Location: West Palm Beach, Florida LNk Lawson, Noble & Associates, Inc. Summit Boulevard was widened from a t o lane to a five lane urban section. The project included innovative drainag9 designs, superelevated curve sections, and three plateaued intersectia s. Plan preparation included Roadway and Drainage Plans. s 1.11.11 s 1 LNk • • • • • • • • • • 00, Lawson, Noble & Associates, Inc. GLADES ROAD Location: Palm Beach County Glades Road was a new four lane dividE c section aligned through Mission Bay. Plan preparation included Roadway, Draii iage and Signing and Pavement Marking Plans along with Water and Seiver Plans for the Mission Bay P.U.D. 2 f { • • LNk Lawson, Noble & Associates, Ina STATE ROAD A-1-A AND BEACH A Y DR/VE Location: Boynton Beach, Florida This project was necessary in order to realig an improper southbound through lane movement. The project included the additio f pavement for realignment purposes along with the creation of a right turn lane, toe and associated pavement transitions, drainage modification and sidewalk design, through FDOT, District IV. is project was reviewed and permitted L� t 'Al All: • MAMA TO ROAD (STATE ROAD Location; Boca Raton, Florida • LNk Lawson, Noble 8� Associates, Inc A T OLD DIXIE HIGH WA Y A developer -funded intersection improve nt project which involved median relocation, sidewalk, pavement and drainage difications to accommodate additional laneage. The project included extensive coor i ation with the Railroad for installation of grade crossing material and redesign and in allation of a median gate (required due to span restrictions) along with new gates on ther side of the roadway. This project was reviewed and permitted through FDOT, istrict IV. s N`, u. ti = - ~V,- . . • STA TE ROAD 7 A T MISSION BA PLAZA Location: Boca Raton, Florida A developer -funded project built in conjuncti the southbound lanes. The median improvers improvements required to provide access i entering the Plaza from State Road 7. The prc through Florida Department of Transportat modifications to the existing drainage facilitii LNk Lawson, Noble ;Associates, Inc i with State Road 7 improvements for its pictured below illustrate the design southbound and northbound traffic ct, which was reviewed and permitted n (FDOT), District IV, also included 0 - STATE 0, I S f tSb1UU-37y4 I a-w 1 1 1 1 1 2 EXISTING SIGNS TO REMAIN I NO I THRU ITRUC,K-I rwaw j ILIMITI 2 I TONS ) LEG ND MD/C INDICATES MONO -DIRECTIONAL COLORLESS R.P.M.'S r700 46 1 x' DENOTES EXISTING SIGN TO BE REMOVED zoo-4o-xx DENOTES NEW SIGN TO BE INSTALLED too-4a-xx DENOTES OPERATIONS ON SIGN PANELS EXISTING CIRCUIT NORTH TO ROYAL PALM BLVD. ENDS AT THIS POINT REMOVE AND RELOCATE EXISTING r 1 L700_46 _I 2 1 LIGHT POLE AS SHOWN EXISTING SIGNS l 700-40-1 1005.68 TO REMAIN - W_ o T M3-3 rAy■01 EXISTING SIGN r • ,� (12"X24") 1 I TO REMAIN I®o Z MI-4 (30"X24") -_ -,----R/W LINE --- --- --- ---- -- -----------7-- �------- - --� `` -- F-7 /II �s ..�...�....L---------- ------ �— + 24" WHITE 1003 6" YELLOW • L \ *04 — 1005 12" WHITE 1006 200 L.F. - 6" WHITE ae 6" YELLOW 200 L.F. - 6" WHITE 210 L.F. - 6" WHITE, _►.�� 6" WHITE m I I-C. (TYP) 6" WHITE 2 4 SKI -'— 24" WHITE I o - -4 IIf m r*t i c l I � � I� Z I � �Zor o v tmii c' I e■ I ' �J N 700-40-1M3-2 I700-48-511 R3-3 (12"X24") ----- (24'X24") FTP-28 (24"X24"I M6-I (I5"X21") 700-46-II{ 700-40-1 f I -,,12" WHITE- 24" WHITE If �1 S Q w 6'X6' SYSTEMS LOOP ASSEMBLY TYPE "B" INDEX •17781 (TO BE REPLACED AFTER INSTALLATION OF FRICTION COURSE. CONTRACTOR TO TEST AND CERTIFY THAT NEW LOOP FUNCTIONS PROPERLY). 700-43-22 MD/C R•P.M.'S AT 20' O.C. (TYP) =-_____ -- ---- ` _ 220 L.F. - 8" WHITE MD/C R.P.M.'S AT----/ 20, O.C. (TYP) 6" YELLOW _ ■ ■ .`- • ■bD/C RPM'S (TYP)l 6" WHITE 6" WHITE/ --� 10086" WHITE 10/30 SKIP 6" WHITE 6" WHITE 10/30 SKIP 1009 r ^ ^ - - - - - - - - - - - - - - - - - - - - - - L- -- - - - - -- - -- I R/W LINE-- - - - 8I-DIRECTIONAL BLUE R.P.M. � a : r700-46-I i I R6-1(R)- M3-1 (12"X24') n' (12"x24')-- - - MI-4 700-40-I (30 "X24' ) NOTE+ 700-40-I SEE THE ATLANTIC BLVD. INTERSECTION (SHEET 5-12) FOR TYPICAL LAYOUT OF LOOP ASSEMBLIES AT ALL SIGNALIZED INTERSECTIONS. REVISIONS ruME DATE NAME DATE FLORIDA DEPARTMENT OF TRANSPORTATION SIGNING a PAVEMENT MARKING DATE BY DESCRIPTION DATE BY DESCFPT04 DATE BY DESCKON RPTDATE By DESCRPTM �SBM'Y D JPD O{ -93 ° ayN OEE O{ -93 APPRovED BY LNk 5 S. • 7 a( aacED CJK 0{ -93OEOIED CJK 01 -93 (C 14 CANAL TO N.W. 31 ST. STREET) s(>PE vsm BY C . J . K AF ER DATE - • FLORIDA DEPARTMENT OF Z DISTRICT 4 Mr. John Thompson, P.E. (305) 4-8621 Mr. Rick Chesser (305) 4-8621 Mr. Alan Rothmann (305) 7-8527 Mr. Eddie Yue, P.E. (305) ;14-8621 PALM BEACH COUNTY Mr. Georte Webb, P.E. Deputy County Engine: Mr. David M. Smith Director, Engineering C Mr. Charles Walker, P.E. Director, Traffic Divisic ' Mrs. Amy Harris, P.E. Special Projects Enginec Mr. Charles Rich, P.E. Director, Engineering S, ' Mr. Allen W. Webb Street Improvements Cc Mr. John Carroll, P.E. Director, Roadway Prot 1 ' UBB MFOOTPRE.814 (407) 684-4011 (407) 684-4048 (407) 684-4030 (407) 684-4030 (407) 684-4072 (407) 684-4049 (407) 684-4150