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.
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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
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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.
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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
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AGENDA
COUNCILMEMBER ACTION
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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.
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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
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11 N1[
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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
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June 15, 1993 - Regular Meeting - Page 10 of 15E.,
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COUNCILMEMBER ACTION
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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
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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
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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.
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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.
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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"
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-----AN ORDINANCE OF THE CITY OF UK E PH J'� , DE OF
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SECTIONS 2-15 THROUGH 2-43 OF THE
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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.
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THAT ALL AREAS WITHIN THE C Y LIMITS OF THE CITY OF
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ORDINANCES IMPLEMENTING THE;CITY'S,INTRRLOCAL AM EMENT WITH
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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
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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. --- ---_--
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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
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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 - - -
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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
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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
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= - ~V,- . .
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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 -
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tSb1UU-37y4 I a-w
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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