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1993-10-19214 CITY OF OKEECHOBEE CITY COUNCIL REGULAR MEETING SUMMARY OF COUNCIL ACTION Page 1 of 18 AGENDA IF COUNCIL ACTION/DISCUSSION Y N A - A. Call meeting to order on October 19, 1993 at 7.00 P.M. Mayor Kirk called the October 19, 1993 meeting to order at 7:00 p.m. B. Pledge Allegiance. Invocation was offered by Mayor Kirk; Pledge was led by Mayor Kirk. Invocation; of Clerk Thomas called the roll: C. Mayor and Council attendance: X Present X Mayor James E. Kirk Present X Councilmember Danny P. Entry Present X Councilmember Michael G. O'Connor Present X Councilmember Jerry E. Walker Present (entered Chambers at 7:07 p.m.) Councilmember Dowling R. Watford, Jr. Staff attendance: X Present X Attorney John R. Cook Present X Administrator John J. Drago Present X Clerk Bonnie S. Thomas Present Deputy Clerk Lane Gamiotea D. Motion to dispense with reading and approve the Summary Councilmember Entry made a motion to dispense with reading and approve the of Council Action for the Regular Meeting of September 28, Summary of Council Action for the Regular M : Bring of September 28, 1993, 1993. seconded by Councilmember O'Connor. KIRK ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. X October 19, 1993 - Regular Meeting - Page 2 of 18 AGENDA �I COUNCIL ACTION/DISCUSSION � J LA REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. E. OPEN PUBLIC HEARING FOR THE FINAL ORDINANCE ADOPTION 1. a. Motion to read by title only Ordinance 665 - City Attorney (Exhibit 1). Mayor Kirk asked if there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. Mayor Kirk opened the public hearing for the final ordinance adoption at 7:03 p.m. Councilmember Entry made a motion to read by title only, proposed Ordinance No. 665; seconded by Councilmember O'Connor. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Attorney Cook proposed Ordinance No. 665 by title only as follows: 'AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING SECTION 3-2 OF THE CODE OF ORDINANCES; TO PERMIT THE SALE OF ALCOHOL UNTIL THE HOUR OF 2.00 A.M. UNDER CERTAIN CONDITIONS; PROVIDING FOR NEW YEAR'S EVE SALE OF ALCOHOL; REPEALING INCONSISTENT PORTIONS OF THE CITY CODE; PROVIDING FOR SEVERABILI Y; PROVIDING FOR AN EFFECTIVE DATE.' Attorney Cook explained the only change he made is in paragraph "d" on the front page. The original ordinance read that a business could sell any alcoholic beverage until 2:00 a.m. Mondays, which -would mean a business could sell liquor on Sundays, the ordinance has been amended to make it clear that the City will continue to permit only beer and wine sales on Sunday's. X X X X X 215 216 AGENDA E. PUBLIC HEARING FOR THE FINAL ORDINANCE ADOPTION 1. c. Motion to adopt Ordinance 665. 1. b. Public Comments. 1. d. Vote on Motion. CLOSE PUBLIC HEARING F. NEW BUSINESS 1. Hear from the Postal Service regarding a traffic light at SR 70 and Southeast 10th Avenue - Mr. Al Waller (Exhibit 2). October 19, 1993 - Regular Meeting - Page 3 of 18 COUNCIL ACTION/DISCUSSION Mayor Kirk called for a motion to adopt the proposed ordinance. Councilmember O'Connor made a motion to adopt proposed Ordinance No. 665 as amended, seconded by Councilmember Walker. Mayor Kirk asked if there were any questions or comments from the public. There were none. Vote on motion to adopt proposed Ordinance No. 665 is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Mayor Kirk closed the public hearing at 7.06 p.m. Mr. Al Waller, Postmaster in Okeechobee appeared before the Council with a proposal from the Postal Service: Presently we have a situation on State Road 70 and Southeast 10th Avenue where it is a high accident area. From 1991 through May of '93, there were approximately twenty-one (21) accidents at that intersection. The Postal Service has checked with DOT (Department of Transportation) and they have approved a light at that intersection. They are willing to supply the Postal Service with the equipment. The Postal Service is willing to contract to have it put in to DOTs specifications and do the road improvements. DOT requires the Citv maintain the light and that is what we are here to ask will the City maintain the light? YIINIIA X X X X X October 19, 1993 - Regular Meeting - Page 4 of 18 AGENDA 11 COUNCIL ACTION/DISCUSSION IUULA F. NEW BUSINESS 1. Discussion with Postal Service regarding a traffic light at SR 70 and Southeast 10th Avenue continued. Council discussed with Administrator Drago the policy for maintenance of the lights in the City. Administrator Drago explained to Council, in the past (practice) the City would accept the light. However, with all the new DOT regulations coming down, it is like a "hidden agenda" if you accept the traffic light, you accept any DOT rules and regulations for the maintenance of that light in the future and that is what escalates the cost. Our proposal to Mr. Waller was for the Postal Service to accept maintenance and contract it to the City. DOT may not do that. The other option Mr. Waller had was to come to the Council and ask the Council to assume the maintenance responsibility forever. Administrator Drago continued further stating, in the past there were certain County Engineers that signed off on the maintenance on those traffic lights for the City without the City knowing about it; that is why the City has the maintenance today at 441 and 70 and 70 West at 5th Avenue. DOT has contracts signed by the County for the City to maintain those traffic lights, it was done back in the '70's. This came about by the City granting the County the responsibility to maintain the state roads and in essence the County signed the contracts with DOT for the City to maintain those traffic lights. All future traffic lights will be the City Council's decision to accept maintenance of them. Council discussed further the amounts spent on maintenance of the traffic light the City maintains. Councilmember O'Connor clarified, Mr. Waller's proposal, basically the Federal Government is going to "foot the bill' for all of this except the maintenance? Mr. Waller responded yes, and continued stating further, the Postal Service presently has the money allocated to pay to install the traffic light and doing the necessary road improvements. He then introduced Mr. John Sink, Architect and Engineer for the Central Florida District of the Postal Service. 217 n 1 n C10 October 19, 1993 - Regular M - Pa Meting g e 5of18 AGENDA COUNCIL ACTION/DISCUSS/ON Y I N ILA] F. NEW BUSINESS 1. Discussion with Postal Service regarding a traffic light Mr. Sink, "we are going to take care of everything: road improvements, the necessary, the permitting through the City or whomever, the whole nine at SR 70 and Southeast 10th Avenue continued: engineering yards. It is a real serious need we have out there. We all know that, you more than 1. I'm new down here. I've convinced them,(DO7),and we've got it approved. We've got the funding sitting there,and we've got the equipment sitting there. The only clarifi- cation I'd like to make is, that if we,re to do a road, like these road improvements we,re doing, we intend, with your blessing, to deed those over to whoever takes care of the road system. We do it according to the specs, we have it inspected, the whole nine yards. You know that's public property and you're welcome to inspect and that's "Permit Required" also. And we would deed that over for maintenance." Council clarified the work on SR 70 would go to DOT to do. Council agreed the traffic light was needed badly, regardless of the cost of maintenance, it would be a little price to pay for a life. Councilmember O'Connor made a motion to accept the part of the maintenance on the light after everything else has been put in place by the Postal Service: seconded by Councilmember Walker. Councilmember Watford, questioned, we assume the Postal Service will provide us with the plans and drawing for inspections and make sure the equipment is something we feel we can maintain and so forth? Mr. Waller and Mr. Sink responded yes. Councilmember Entry asked if there were going to be turn lanes? Mr. Waller responded he understood the plans called for a left turn lane from Southeast 10th Avenue. Police Chief Mobley responded to Councilmember O'Connor's question, that the traffic light is definitely needed and it will break the speed down between 8th Avenue and the East City Limits. F. October 19, 1993 - Regular Meeting - Page 6 of 18 AGENDA II COUNCIL ACTION/DISCUSSION IUUUI NEW BUSINESS Discussion with Postal Service regarding traffic light at SR 70 and Southeast 10th Avenue continued. 2. Discuss the Sharp Litigation - Mr. Jay Hunston (Exhibit 3). Vote on motion is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Administrator Drago introduced the City's Special Counsel, Attorney Jay Hunston. Attorney Hunston gave the following recommendation that the City Council approve as the outcome of the Mediation Conference held on October 1, 1993: Payment by the City to Sharp Construction of the total settlement sum of S15o,000.00, payable within thirty (30) days from date of approval by the City Council. Exchange of Mutual General Releases between the City and Sharp Construction, which will also Include the release by Sharp Construction of any claims it might have or might assert against Farmer's Home Administration in relation to the grant Involved In this project, In order to permit the prompt release of the remaining grant funds from that agency to the City (City to receive $118,000.00). Each part to bear its own attorneys' fees --and costs of this action (DeSantis, Gaskill & Hunston fees are approximately $42,200.00) City pay Knepper & Willard all of It outstanding engineering fees, which relate to this contract ($21,603.65). Following discussion between Council and Attorney Hunston, Mayor Kirk stated that he was well pleased with the outcome of this. Councilmember Walker moved to pay as recommended by Counsel (Attorney Hunston), $150 000 00 to Sharp and $21 603 65 to Knepper and Willard, • seconded by Councilmember Entry. X X X X X 219 ?20 October 19, 1993 -Regular Meeting Page ...:..,.:::.;..;,.;..; COUNCIL ACTION/DISCUSSION Y I N A AGENDA F. NEW BUSINESS 2. Sharp Litigation continued. Vote on motion is as follows: X KIRK X ENTRY X X O'CONNOR X WALKER WATFORD MOTION CARRIED. 3. Motion to appoint Mr. Lauren Moegenburg as a new Councilmember O'Connor made a motion to appoint Mr. Lauren Moegenburg as a Wastewater Plant Operator - City Administrator. new Wastewater Plant Operator, seconded by Councilmember Entry. Mr. Moegenburg was present and stated he is Class "A" Certified in Wastewater and Class "B" Certified in Water. Council welcomed Mr. Moegenburg aboard. KIRK X X ENTRY X O'CONNOR X WALKER X WATFORD MOTION CARRIED. 4. Motion to appoint Jessica Gore as a new Dispatcher Councilmember Entry made a motion to appoint Jessica gore as a new Dispatcher, - Police Chief. seconded by Councilmember Walker. Police Chief Mobley introduced Ms. Gore, who is a trained dispatcher. Council welcomed Ms. Gore aboard. October 19, 1993 - Regular Meeting - Page 8 of 18 IL AGENDA COUNCIL ACTION/DISCUSSION E LAJ F. NEW BUSINESS 4. Appointment of Jessica Gore continued. 5. Motion to approve a final pay request to P & C Construction in the amount of $6, 625.50 - City Administrator (Exhibit 4). 6. Motion to approve a partial pay request to Butler Construction Company in the amount of $271,957.84 - Mr. Bill Reese (Exhibit 5). Vote on motion is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Councilmember Watford made a motion to approve a final pay request to P & C Construction in the amount of six thousand, sic hundred twenty-five dollars, fifty cents ($6,625.50) (for the 18-inch Force Main Valve Installations, upon the recommendation of the engineer-Knepper & Willard Project #7209-91); seconded by Councilmember Entry. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Councilmember Entry made a motion to approve a partial pay request (No. 4) to Butler Construction in the amount of two hundred seventy-one thousand, nine hundred fifty- seven dollars, eighty-four cents (Groundwater Treatment Plant Phase I Project #92-158, upon the recommendation of Engineer Bill Reese of RMA); seconded by Councilmember Watford. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. X X X X X X X X X X X X X X X 221 222 AGENDA F. NEW BUSINESS 7. Motion to approve a partial pay request to R.P. Hamby, Inc. in the amount of $8, 968.09 - City Administrator (Exhibit 6). 8. Motion to award a contract to G.E. French Construction in the amount of $32,3200.00 to install air release valves - Mr. Bill Reese (Exhibit 7). October 19, 1993 - Regular Meeting - Page 9 of 18 COUNCIL ACTION/DISCUSSION Councilmember Entry made a motion to approve a partial pay request to R.P. Hamby, Inc. in the amount of eight thousand nine hundred sorry -eight dollars, nine cents ($8,986.099) (for Phase /I sidewalks on Southeast 8th Avenue, Southeast 2nd Street and Southeast 3rd Street, upon the recommendation of Engineer Dan Willard Project #7218.93); seconded by Councilmember O'Connor. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Councilmember Watford made a motion to award a contract to G.E. French Construction not to exceed thirty-two thousand, three hundred twenty dollars ($32,320.00) to install Force Main Air Release Valves (as recommended by Engineer Bill Reese of RMA); seconded Councilmember Entry. Engineer Reese explained to the Council, the staff in Public Utilities have encountered some serious problems with the force main that runs from the Seminole Elementary School to a manhole near the Industrial Park The problem stems from the fact that the force main was not properly installed and has many high and low spots. Following a series of survey's, staff recommends the purchase of thirteen air release valves to help correct this problem. After each one is installed, the force main will be checked, all thirteen may not be needed. YIINIIA X X X X X e 10 of 18 9 - Regular Meeting Pag October 19 1993 9 9 - AGENDA COUNCIL ACTION/DISCUSSION J[j]LN TA F. NEW BUSINESS 8. Contract award to G.E. French continued: Following lengthy discussion between Council, Attorney Cook, Administrator Drago and Engineer Reese, Councilmember Walker made a motion to amend the motion to award a contract to G E French subiect to Attorney Cook checking out who inspected the oroiect and talking to the School Board about the situation since they put the force main in: seconded by Councilmember O'Connor. Vote on motion to amend. KIRK X ENTRY X - O'CONNOR X WALKER X WATFORD X AMENDED MOTION CARRIED. Vote on original motion as amended. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED AS AMENDED. 9. Motion to approve inspection services for the Water Councilmember Walker made a motion to approve inspection services for the Water Distribution System Master Plan Improvements to Distribution System Master Plan Improvements to Reese, Macon and Associates in the Reese Macon and Associates in the amount amount one hundred twenty thousand dollars ($120,000.00) (as recommended by $120, 000.00 - Mr. Bill Reese (Exhibit 8). Engineer Bill Reese); seconded by Councilmember O'Connor. 223 224 October 19, 1993 - Regular Meeting - Page 11 of 18 AGENDA COUNCIL ACTION/DISCUSSION LYJLNJ[ A]l F. NEW BUSINESS 9. Inspection services for the Water Distribution System Master Plan Improvements continued. Engineer Reese appeared before the Council explaining this proposal is a result of the problem areas found throughout the City's water distribution system from the "hydraulic modef'. This project involves significant work in all parts of the City. In order to avoid having the entire City simultaneously disrupted, we have stipulated phases in the documents and limited the number of phases which may be underway at the same time. The project is part of the last bond issue (Public Utilities 1992 Series) and is projected to be substantially completed within eleven months and final completion within twelve months. Council and Engineer Reese also discussed when this project is completed it will tie the distribution lines in with the new ground water treatment plant and take care of everything except new growth, infill and taking out any 2-inch lines in the residential areas. The elevated tanks will have to be taken down (tank in Southwest Section bid award to be taken down should appear before Council for consideration at next meeting). And the system (lines) will need to be cleaned. Vote on motion to approve: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. X X X X X October 19, 1993 - Regular Meeting - Page 12 of 18 AGENDA 11 COUNCIL ACTION/DISCUSSION 1[Y]LN][�A] F. NEW BUSINESS 10. Motion to award a ground maintenance contract to My Neighbor Lawn Care Service in the amount of $16,200.00 - Director of Public Works (Exhibit 9). 11. Discuss establishing October 30, 1993 as the official Halloween Night - Mayor Kirk. Councilmember O'Connor made a motion to award a ground maintenance contract (for one year) to My Neighbor Lawn Care Service in the amount of sateen thousand, two hundred dollars ($16,200.00); seconded by Councilmember Entry. This contract is for mowing of the parks, medians, and sidewalks (along Highway 441 and State Road 70). KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Mayor Kirk stated he wanted to discuss establishing October 30, 1993, as the official Halloween Night (for this year). This is on a Saturday night and it was his understanding that there be communication between the Administrative Office of the City and the County, that they will go along with whatever we set. He suggested that we set Saturday as the night for Halloween for Trick -or -Treating and let that time run from dusk to 9:00 p.m. Council agreed to recommended Halloween Trick -or -Treating be held on Saturday, October 30 1993 from dusk to 9.00 p.m. since there is Church on Sunday night and it is not a school night And instructed Administrator Drago to officially establish the recommendation for the City. X X X X X 225 226 AGENDA F. NEW BUSINESS 12. Discuss refinancing the street paving loan - City Administrator (Exhibit 10). October 19, 1993 - Regular Meeting - Page 13 of 18 COUNCIL ACTION/D►SCUSS►ON Administrator Drago began by stating this is what the Council discussed at the last Council meeting. The agenda item should read not only refinancing the street paving loan but the two bond issues also. The purpose for refinancing the street paving loan was to do the transportation related expenditures for downtown. Not to do anything in the parks, but just downtown business areas. And the refinancing of the two bond issues is to realize some cost savings because of the lower interest rates and to reduce the annual debt service. Councilmember Watford moved that we instruct Administrator Drago to receive proposals for refinancing the loan and the bond issues with the stipulation that that money would be used as a savings to lower debt service or lower payments. Attorney Cook interjected that regarding the two loans, he thought the intent was different. The intent on the street paving loan is to get new money. But on the bond issue it is not to "get new money' but simply to lower the interest rate to lower the debt service. Councilmember Watford's motion as to the street paving loan refinancing is not to get new money but to lower payments. Motion was seconded by Councilmember Walker. Following lengthy discussion between Council and staff, vote is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION DENIED. YIINIIA X X X X X October 19, 1993 - Regular Meeting - Page 14 of 18 AGENDA COUNCIL ACTION/DISCUSSION ]LYJ N I[A ]I F. NEW BUSINESS 12. Discussion on refinancing the street paving loan continued: 14. Discuss performing a Utility Audit - City Administrator (Exhibit 10). Councilmember O'Connor made a motion based on the recommendation of Administrator Drago (Attorney Cook clarified the motion: have the Administrator obtain the information and "numbers/proposals" to refinance the$ 1.3 million loan with C & S Bank and to obtain the same information to refinance the 1987 and 1989 Bond issues); seconded by Councilmember Entry. Mayor Kirk instructed Administrator Drago, that when he obtains this information, write it all out on paper for the Council to review, this would make it easier to understand. Councilmember Watford clarified, at this point, we are not earmarking that money for any purpose. Council concurred. Discussion ensued, Administrator Drago commented he would be obtaining proposals for the $1.3 million loan from all the local banks and C & S which has the note presently. The bond issues will be sent to all the local banks and some of the underwriting firms that normally handle that type of financing. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Administrator Drago stated this is an audit on Florida, Power & Light, United Telephone and Cablevision to research whether or not the City is getting their fair share of revenues. X X X X X 227 rme October 19, 1993 - Regular Meeting - Page 15 of 18 AGENDA COUNCIL ACTION/DISCUSSION JFIJ r�r—,r—� N A 11 F. NEW BUSINESS 14. Discussion on performing a Utility Audit Administrator Drago explained the only cost would be if they found we were being continued: shorted. They get a percentage of what they find and from that point forward the City would get reimbursed on an annual basis from the utility company. If they do not find anything they do not get paid. The State sent out a bid for other City's to be able to use that bid document to obtain an audit company to do what we want to do. The other way to go is for us to send our own proposals out and say it is basically on a contingency basis, if you find something, what is your percentage, if you do not find anything, you do not get paid. Councilmember Entry moved to approve • seconded by Councilmember Walker. Councilmember Watford asked, for clarification, are we going to approve the firm the State has the bid with? Administrator Drago responded the City has the legal right to use the firm by the State, he may go that direction or send out our own proposals. Council reguested the firm come before them for approval. Vote on motion is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. X X X X X October 19 1993 - Regular Meeting Page of 18 AGENDA COUNCIL ACTION/DISCUSSION Y N JEA F. NEW BUSINESS 15. Discuss the 1993-94 Street Paving List - City Public Works Director Elders informed the Council, as requested at the last meeting, he Administrator (Exhibit 10). spoke with the property owners on Southwest 8th Court and 11th Drive on obtaining additional easements to widen the roads to be paved. He stated the property owners he spoke with on both streets would not give any property to widen the streets. Mayor Kirk commented, in Exhibit 10 it was recommended to have the current contractor complete the 1993-94 list also. Council has received a letter from a local contractor who feels this should be put out for bid and recognized. Mr. Ronald Schmidt who appeared before the Council stating he is the owner of American Asphalt and Paving Services and read a letter (which Council had received a copy) as follows: 'it has been brought to mV attention that your budget memo of September 24 1993 contains additional street paying for 1993-1994 1 am appalled that it is being recommended that this work be done without being bid out Several months ago I came before your board to ask why the current contractor was given this year's contract without It going out for bid. I was told it was an extension of Vour first contract, and that you wanted to get the roads done before the rainy season. H the current contractor had not been given the extension of the first time contract, the City would have received thousands of dollars in liquidated damages. Roads that were on the first contract were lust completed this month. I also noticed the parkins lot at the water plant was paved. How can this be an extension of street paving? 1 have spoke with some local site work contractors who feel the some way I do, and they have also questioned the leaalltV of this practice of not biding large contrails such as this one. I ask you again to bid this pro/ect out to permit a local contract to have the change to do the work' 229 30 October 19 1993- Regular Meeting - Page 17 of 18 1[@*"AGENDA COUNCIL ACTION/DISCUSS/ON I YJ N A F. NEW BUSINESS 15. Discussion on the 1993-94 Street Paving List Attomey Cook also commented, on the street list on Southwest loth Street between 15th continued: St and Dead End, that was contingent upon getting some additional property and Mr. Frank Altobello agreed to give that to the City. The deed has been prepared and a name was excluded, once that has been corrected it will be sent out for signatures and the City will own an additional thirty feet which will make the road wider. Councilmember O'Connor made a motion to approval the streets as presented and listed below; seconded by Councilmember EntN. S.W. loth St, between loth Ave & 12th Ave. S.W. 11th Ave, between 11th St. & 12th St. S.W. 2nd St, between loth Ave. & S. Park St. S.W. 4th Ave, between 9th St & Dead End. S.W. 9th Ave, between S. Park St & 2nd St S.W. 3rd Ave, between 4th St & Gth St S.W. 5th St, between loth Ave, & 11 th Ave. S.W. 4th St; between loth Ave, & 1l th Ave. S.W. loth St, between 7th ave, & Dead End. S.W. loth Ave, between 15th St & Dead End. S.W. 8th Ct, between filth Ave, & 12th Ave. S.W. llth Dr, between 11th St & Dead End N.W. 9th Ave, & SR 70 widening of turn lane. Vote on motion: X KIRK X ENTRY X O'CONNOR X WALKER X WATFORD - MOTION CARRIED. No action was taken 1993-94 Street Paving Protect will be bid out. Attorney Cook updated the Council on the status of the Okeechobee Beach Water 16. Discuss the Beach Water Litigation - City Attorney. Litigation. October 19 1993 - Regular Meeting - Page 18 0f 18 AGENDA COUNCIL ACTION/DISCUSSION ILYJLNIFA There being no further items on the agenda, Mayor Kirk adjourned the meeting at 9.41 p.m. ADJOURNMENT Mayor 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 APP BASED. 1. Joies E. Kirk, MAYOR ATTEST Bonnie S. Thomas, CMC, CITY CLERK 231 0 C. Oe� • 1A, igq3 00_nd4,0 m XIRK n/a n//a NWRY t � O' CONNOR W"KLR 00!'F'ORD ISD%1 DSNISD REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA E. OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION 1. a. Motion to read by title only Ordinance 665 - City Attorney (Exhibit 1) AN ORDINANCE OI- I HE CITY OF OKEECHOBEE FLORIDA AMENDING SECTION 3-2 OF THE CODE OF ORDINANCES; TO PERMIT THE SALE OF ALCOHOL UNTIL THE HOUR OF 2:00 A.M. UNDER CERTAIN CONDITIONS; PROVIDING FOR NEW YEAR'S EVE SALE OF ALCOHOL; REPEALING INCONSISTENT PORTIONS OF THE CITY CODE, PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE DATE. b. Public Comments. 3JJ,'A 1 I EI m rn; 0� KIRK BWRY Ln/n/a O'CONNOR UUKERWATFORD `- (C RIED )/ DENIED 1. Nowftmoo pomW a &oft NpV at SR • Y aW SOUNMMW 100 Avenue - Mr. Al Waller (E 2) LIB A�dl , - l � L� l - 4� -)-1 � ' 9� 3 - z / kQ L) k� LAC d' _ L 15� J� � _--------_- ��� ��z--z-�- --- � a � �� �� ��- V V � f -� � � �� � �� ��� _ 1 ��'����u �� — ��� �� V--- ,. ..___ � _ ___ _y_ �. _- �_ _ � -__ __ _�� ,_ . `� � _{ ` .Y' 2. Discuss the Sharp Litigation - Mr. Jay Hunston (Exhibit 3) ,tin. .� / `i �i / ��" -�= ►ti �/ 35 .�i U��-� 3 045?1 d 4. Awn b appcft Janke G OM as a new DJNPMNM - Porte ChW a" P�' 4"- -Z rim ^&S%Z% IMA ..F - I.., - J MIRY ✓ ®' C=NOR ✓ WALKER q'tORD CARRIED l DENIED LE Aftftil lot *pow st pal pWm%eWlo&ftr webucNoir Company in the amount of $271,957.84 Mr.; --has" talAffil 5) wq......... . KIRK n/a n/a n/a' I E L NTRY 0 0.1 'CONNOR WALKER M WATFORD✓ (CARRIE D HIED rl Aftftn a At owwrow.swrow to &P. iftift" Am in on el ICU ll of 840@&W - C*,' to IA it Nick KIRK [n/a n/a ENTRY I- O'CONNOR WALKER URTFORD ( CAP __4"D'/ DENIED____ aP ►."Jz 6z 'XI `7 s �- -7 ae- Mourn to award s cankmt to &E. FmnM ConMYmbon in ft WWLNIt Of $pa, 3a0.00 to kmW au r hmm ` Wj-mac, KIRK n/a n/a LNTRY 1� 0A�� 0' CONNOR v Gl 5 WALKER 7'71 +'�� n ► w%�y , ,e•�C !. NATFORD L I I - ■ /CARRIE / DENIED 1�!qA r oho VaQ (�J1 *p+e k"sc ion smiew lbr Os WWsr e1NmmmmrAditW Pig 10 Ron AA>om Wid Anon In Me ammomW $124000.00 - Am*. MF 0 d) /u-�-c���- S rif u��— Gra_Ef -�-SL� ✓ . � 'q '� !141AAmlilli.. KIRK n/a n/a RETRY ' OMALKER WATFR Il91f�4,,ll�-ii,�:1I �;-- " ( _ I f CARRIED / DENIED- U KIRK n/a n/a ENTRY ry) O' CONNOR WALKER WATFORD CARRIED / DENIED a, q_ Des Fv#rAnclng ve ~ lam' Aw- city Adrr�ir�isb ar (Exhibit 10) ate- _ lz ?%3s W 1e. Dhow pNlbnnYg a ureNy Audlt - CAY Ad�or (Eihft fo) _E /"u&, Zee ��.�. � �-¢ 6�wj�� 189&-04 Stoot PIMhg U'St C&y A-A�lpj Wo ffidw* 10) 4L lew �e�-Arfw 1y_I2a FILE 3 W; Grog.. r,. e..oA N1Ov u4•r n - G1r Ahpr»r ,Ab ! i �74 Q '6-� �Ll'jaw+n� +. ia,iG43 - 7 � coo p�,� F a. ��� �m mac. ; ��.�. Lh��� — e*-IjAid oj 7-'07tP,"' A ft dowm **h M"V and Wpmw Me Smffwy & Comm# AWM Mr ft ftpkr Aft",q p[rN0er'R flm. � 6h� KIRK n/a n/a ENTRY v" I O'CONNOR V,- WALKER WATFORD ,"7RyR; DENIED 14 y -2- ML ., • : • • • 1 • ,. • a� • • r 1_ a. Motion to read by title only Ordinwwo 066 -(may AAwW (ExW* 1) KIRK n/a n/a �-- ENTRY ✓ O'CONNOR WALKER v WATFORD I CARRIED DENIED AN DIM- AlIIOE OF TIC Off OF O FLMDA AMENDINQ SlO WX " OF TW OOOE OF ORDINANCES; TO PERMIT THE SALE OF ALCbHOL UNTIL THE HOUR OF 2:00 A.M. UNDER CERTAIN CONDITi W j oicumus Fm ]w muft IM trALl OF ALCOHOL; REPEALM �O�fmlr I OF TWE STY CODE; PAOVID A IgAR 1OMlR Lf P I Anil EFI��O1'AIE DATE.- 4�, ( cam Chi (' q'/Ox- coLw b Canww#UL *I, U /U D 11 FRam -taps, - L" CnaS � fh c„°t c" MOAL L� Lk PWA&J104� "cl " Cw\ UL �� p&&&. W OJ towl- �vd naK-�--Loud... a oa 4-k►.J."+ MLO-iUK!�) w. D � Jc, ey,o,,,�a. i�.. JILL Otio�xalL pAd.�o.K.Ll zn.0 qtu tzl-&d, 3 C. Afoom to ed W ens. 2hd ' (,j aQ.ikA d. i oo an A CMw KIRK n/a n/a ENTRY v O' CONNOR -- ✓ ' - WALKER v NATFORD v ARi / DENIED F. 1. k%w ftm fe PosW Service mgaming a trftft at SR 70 and Sit 100 Avenue - Mr. Al Waller (Exhibit 2) Is vtivLG IL66 s., �p—, c9� 1 1ewk vow A9V 40 611(-- UAA, -6�� odjIlk \0 00AII I yu 4-o -11,11, ftu�� uauvu, cot 0-fJM6 PO- 4) uo U-itf-a AAa��- - f� I DAmm fm Shwp LNgaffm - Mr. Jay MundIIDI1 M~ `'i) ►�u� � oar U��� 'lip+ �.Cc�� uliv.0 eozincob+ � ( , �b &bc � / , 3v /1�1 IJW ,� `�&3, oo®, 6-u)-(dIt'Ked &Oki or -uecmrner)dect 4r,e. �Mrej9 wko-)Ct 0as-k+ oe � Ito )lt crangt nuA+uaa .�AW-/-)-) atry'Lu &SUAL, A�rnu�t.ob�7.e� U� JUIa�+te-w to 4-c Wtfg-) la/W ►Ch�ftza� a- tUct�e�td rye pa.�d ��a.►��5 d"�.e�' * 21, (p03. 2.1 a Qaq i50cm. UJ� - wuJ t-vJ -5- F►LE KIRK n/a n/a ✓ ENTRY ✓ v I_ I_ O' CONNOR +/ I ✓ I I - WALKER I I I WATFORD �CARR / DENIED 4. MbMan b apPGW Jessica Gore as a new Dispa k*w - Pofte C W( KIRK n/a n/a _. ENTRY V Q'CONNOR L.- WALKER � v WATFORD I I CCAR�/ DENIED ' . A/pifon to approve a 6 PW Est OR P 8 C Akin in the anx wrtt of $6, 626.60 - City AdmirusU&c r,r 4) q6Att mar► VOJV6 T-Asfaucch �i KIRK n/a n/a �I - I' ENTRY ✓ I r' O' CONNOR ' ( L- I I WALKER WATFORD DENIED .� FILE a, a patW pry isgw* to &Mw C&rm&uc*w Company in the amount of $271, 957.84 - Mr. B KIRK 1, n/a n/ a ENTRY v� �- O'CONNOR `^ WALKER �,- WATFORD C / DENIED �Ibifor►t to gwvom a pw pay requaW to RP. , Aw. M 9w anxwt of S49mos - Mato, P'1G5e Sb Zrrl �i 3td hm bY,cGC 0p poizo W KIRK n/a n/a ,d 1 ENTRY O'CONNOR r/ WALKER WATFORD CARRIED / DENIED L E Mbabn to a*urd a ca~ to Gt tE P nc h C ru&ucMm In aye amw# ,cf-M320.00 to instil! air roleas - f� ON - � - KIRK n/a n/a RNTRY �. O'CONNOR WALKER WATFORD ✓�I A f✓%U U�" "6 Wes`+ t L-b) (I W5,k QNU/Y KXJ C6un�.l -c�4.. DENIED a's ltj��er �n.��o.�_A cv y to gjwot M 2«d m o fbkeDibr, so afapwe p r, aa.rvim far MeWager Q Caan .9yoftm fir Ph fnprcimame ft to Rees: Use al and AmmooMn in the &moo t:y2+tf;OAR00 - AU! M Aeese •) p+) � w j-JIA � KIRK n/a n/a 1► ` U �;f1TRY O' CONNOR WALKER ✓ L (� WATFORD ��'� y �c \ • h�A / DENIED Wnt�) WRAW PC UaLl C� Lond t , WUAP- Z _g- FI L E Aw 10. AiWan to aww d a gad w ID A* aMaVibor Lawn cam Service in Me amount of $1"00 00 - DkocWr of Pubic wow XWM 9 KIRK n/a n/a ENTRY / O'CONNOR v WALKER WATFORD CARRI / DMIED I 7 7. b� �, 1M�i9 st tNs l l�n lW�ht - AM�yr�r Kink m cA Qyy oSwAqAt, � �I 12 Dimm rss7c ft s~ PSWV loan - City AdWx ?is& (E~ 10) M(Yf, At, Y(A 6L. fylawt 146 C�) Pki� /,S loco, L�&-X- /Jp� s b 77 rALAJ�� 14. Dlwm pwk a UIRY Auct - CAy A ml-.* str(Exhibit 10) - 1$ 000 4,o us e OW 6W16 ZO° use - Uete ��snrae - h- P*/4.,�. 16 Dboam fte 199&94 S&OW POM67g USt-CityAd►s**baaar (F,.�tii 10) rY�zf � Ruca�nrr�e�,de� ftybw ON �l V-h ZX u.1c.20 Fes'- at.d JjOJd _s4, �y . C/ 4ha_� -these. Ctee �bQ No.& no Ui,6-Q a gas 4o c�) k;d _ i2— Dim= n» Dowh WOW tom►, - CRY Aftmey ULLU — C�w ase PVU7-a AA L "ibo � I��o �5 ,,fit oirom2 CITY °--ya OF OKEECHOBEE CITY COUNCIL MEETING i OR a OFFICIAL AGENDA A. Call Meeting to order on October 19, 1993, at 7.00 p.m. 0 B. Invocation offered by Reverend Ken McDufffe; 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 _ D WnfFwc 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 September 28, 1993. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODArS AGENDA -2- Motion to read by title only Ordinance 665 - City Attomey (Exhibit 1) b. Public Comments. C. Motion to adopt Ordinance 665. d. Vote on Motion CLOSE PUBUC HEARING F. NEW BUSINESS • 1. Hear from the Postal Service regarding a traffic light at SR 70 and Southeast 10th Avenue - Mr. Al Waller (Exhibit 2) 2. Discuss the Sharp Litigation - Mr. Jay Hunston (Exhibit 3) 3. Motion to appoint Mr. Lauren Moegenburg as a new Wastewater Plant Operator - City Administrator 4. Motion to appoint Jessica Gore as a new Dispatcher - Police Chief -3- W NEW BUSINESS CONTINUED 5. Motion to approve a final pay request to P & C Construction in the amount of $6, 625.50 - City Administrator (Exhibit 4) U0 6. Motion to approve a partial pay request to Butler Construction Company in the amount of $271,957.84 - Mr. Bill Reese (Exhibit 5) 7. Modon to approve a partial pay request to R.P. Hamby, Inc. in the amount of $8,968.09 - City Administrator (Exhibit 6) 8. Modon to award a contract to G.E. French Construction in the amount of $32,320.00 to install air release valves - Mr. Bill Reese (Exhibit 7) 9. Modon to approve inspection services for the Water Distribution System Master Plan Improvements to Reese, • Macon and Associates in the amount $120, 000.00 - Mr. Bill Reese (Exhibit 8) 10. Modon to award a ground maintenance contract to My Neighbor Lawn Care Service in the amount of $16,200.00 - Director of Public Works (Exhibit 9) 11. Discuss establishing October 30, 1993 as the official Halloween Night - Mayor Kirk 12. Discuss refinancing the street paving loan - City Administrator (Exhibit 10) -4- wNEW BUSINESS CONTINUED J14. Discuss Performing a Utility Audit - City Administrator (Exhibit 10) un 15- Discuss the 1993-94 Street Paving List - City Administrator (Exhibit 10) 16 Discuss the Beach Water Litigation - City Attomey - - 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. 0 AN ORDINANCE OF THE CITY OF C SECTION 3-2 OF THE CODE OF OI OF ALCOHOL UNTIL THE HOUR CONDITIONS; PROVIDING FOR NE REPEALING INCONSISTENT PO. PROVIDING; FOR SEVERABILITY; PI .HOBEE FLORIDA AMENDING E INCES; TO PERMIT THE SALE 2:00 A.M. UNDER CERTAIN %R'S EVE SALE OF ALCOHOL; NS OF THE CITY CODE; PING AN EFFECTIVE DATE WHEREAS, the City of Okeechobee h endeavored to consistently provide for economic advantages for merchants within the City of Okeechobee, so that they may compete with merchants outside the municipo boundaries of the City; and WHEREAS, the City of Okeechobee h determined that failing to provide City merchants with Code provisions similar in aracter to those in effect outside the municipal boundaries of the City has an advers conomic effect to local merchants; and WHEREAS, the hours for sale of i Okeechobee County has been altered to pet similar provisions should be made for local Section 3-2, Code of ordinances, as written, is as follows: Sec. 3-2. Hours, Sunday Sales; Holiday sales. (a) SALE OF LIQUOR PROHIBITED within the unincorporated area of s to the hour of 2.00 A.M.; therefore, rots; therefore, N and is herein amended to read Except as otherwise provided herein, it all be unlawful for any person holding an alcoholic beverage license from the State ision of Beverage to serve, to sell, or cause to be sold, or to permit the sale, of liqu r as defined in Florida Statutes 565, but excluding beer and wine, between 2.00 A.M. nday, and 7.00 A.M. Monday. (b) SALE OF BEER AND WINE SUNDAY Except as otherwise provided herein, it all be unlawful for any person holding an alcoholic beverage license from the State ision of Beverage to serve, to sell or cause to be sold, or permit the sale of beer, as fined in Florida Statutes 563, and wine as defined in Florida Statutes 564, between 2. A.M. Sunday, and 1.00 P.M. Sunday. (c) HOURS FOR SALE OF ALL Except as otherwise provided herein, it an alcoholic beverage license from the State cause to be sold, or permit the sale of any alco, A.M. and 7.00 A.M., Monday through Satur alcoholic beverage may also be sold from 7:00 beer and wine may be sold on Sunday betwe (d) CERTAIN SUNDAY HOLIDAY In the event the Holidays of New Years I were to fall on a Sunday in any calendar year, from the State Division of Beverage may, at the beer and wine permitted by such license until such Sunday Holiday. BEVERAGES all be unlawful for any person holding ision, of Beverage to serve, to sell, or is beverage between the hours of 2.00 f, providing for clarification that any W. Saturday and 2:00 A.M. Sunday, and the hours of 1:00 P.M. and Midnight. New Years Day, or the Fourth of July person holding an alcoholic license ition, remain open for the sale of any ) A.M. on Monday morning following • (e) AUTHORITY OF POLICE The Chief of Police, or his officers, r holding an alcoholic beverage license from t purposes, or other such purpose as permit hours, or at such time as the license hold persons who may be within the premises, to it reasonably appears to the Officer that alca permitted in this section, the Chief of police, I order the establishment to be closed. This h subject the license holder, the owner of the f holder to any additional penalties as may be ii this municipal code. M REPEAL To the extent that any provision of the with the intent and language of this ordina repealed. (g) SEVERABILITY enter upon and into any establishment State Division of Beverage for inspection I by general law, during such business his agent or employee, or such other 3termine compliance with this section. If l is being served, or sold, past the time 7is officers are authorized to immediately ►re to comply with this section may also iness, or a tenant leasing from a license ,osed by Florida Statutes chapter 162, or 3 of Ordinances should be inconsistent such inconsistent provision is hereby Should any portion of this ordinance be declared by a court of competent jurisdiction to be invalid, the remaining portions of said ordinance shall remain in full force and effect. This ordinance shall be set for final � and shall take effect immediately upon its Introduced for first reading and set September, 1993. ATTEST: BONNIE S. THOMAS, CMC, CITY CLERK Passed and adopted on second reading I October, 1993. ATTEST. BONNIE S. THOMAS, CMC, CITY CLERK hearing the 19th day of October, 1993, final public hearing this 2&h day of MAYOR JAMES E. KIRK final public hearing this 19th day of MAYOR JAMES E. KIRK i • AN OROOANCE OF THE CITY OF OK! SECAM' 3-2 OF THE CODE OF ORD OF.�.COHOL UNTIL THE HOUR DITIONS; PROVIDING FOR NEW ,1PEALING INCONSISTENT PORI PROVIDING FOR SEVERABILITY; PRa WHEREAS, the City of Okeechobee has economic advantages for merchants within the compete with mt►ants outside the municipal RE4S, the City of Okeechobee is merchants with Code provisions sJV er In a municipal boundaries of the City has an adverse WHERE44 the hours for sale of alco Okeechobee County has been altered to permit similar provisions should be made for local m® Section 3-2, Code of ordinances, as written, Is as follows: Sec. 3-2. Hours, Sunday Sales, Holiday sales. (a) SALE OF LIQUOR PROHIBITED ON 0 665 1EE FLORIDA AMENDING 'Sys TO PERMIT THE SALE A.M. UNDER CERTAIN EVE SALE OF ALCOHOL; OF THE CITY CODE; AN EFFECTIVE DATE. savored to consistently provide for of Okeechobee, so that they may dales of the City; and hed that failing to provide City to those In effect outside the I'd effect to local merchants; and within the unincorporated area of s to the hour of 2.00 A.M.; therefore, ints; therefore, U and is herein amended to read Except as otherwise provided herein, It sl#lf be uMawful for any person holding an alcoholic beverage license from the State of Beverage to serve, to sell, or cause to be sold, or to permit the sale, of IkW s defined In Florida Statutes 565, but excluding beer and wine, between 2.00 A.M. Siday, and 7:00 A.M. Monday. (b) SALE OF BEER AND WINE LIMITED JC N SUNDAY Except as otherwise provided herein, it s Il be unlawful for any person holding an alcoholic beverage license from the State 1 ision of Beverage to serve, to sell or cause to be sold, or permit the sale of beer, as fined In Florida Statutes 563, and wine as defined in Florida Statutes 664, between 2:0 A.M. Sunday, and 1:00 P.M. Sunday. (c) HOURS FOR SALE OF ALL Except as otherwise provided herein, it an alcoholic beverage license from the State cause to be sold, or permit the sAle of any elco, A.M. and 7.00 A.M., Monday through Satur alcoholic beverage may also be sold from 7:00 beer and wine may be sold on Sunday betwe (d) CERTAIN SUNDAY HOLIDAY In the event the Holidays of New Years were to fall on a Sunday in any calendar year, from the State Division of Beverage may, at thi alcoholic beverage permitted by such licen following such Sunday Holiday. BEVERAGES be unlawful for any person holding on of Beverage to serve, to sell, or beverage between the hours of 2:00 providing for clarification that any Saturday and 2.00 A.M. Sunday, and 9 hours of 1.00 P.M. and Midnight New Years Day, or the Fourth of July person holding an alcoholic license )tlon, remain open for the sale of any ntil 2.00 A.M. on Monday morning U (e) AUTHORITY OF POLICE The Chief of Police, or his officers, n holding an alcoholic beverage license from d purposes, or other such purpose as permit hours, or at such time as the license hold, persons who may be within the premises, to it reasonably appears to the Officer that ako permitted In this section, the Chief of Police, t order the establishment to be closed. This h subject the license holder, the owner of the f holder to any additional penalties as may be ii this municipal code. (f) REPEAL To the extent that any provision of the with the intent and language of this ordina repealed. (9) SEVERABILITY Should any portion of this ordinance jurisdiction to be invalid, the remaining portic force and effect. ' This ordinance shall be set for final pu and shall take effect Immediately upon Its a Introduced for first reading and set September. 1993. ATTEST. - BONNIE S. THOrMAS, CMC, CITY CLERK Passed and adopted on second reading October, 1993. ATTEST: BONNIE S. MOW, CMC, CITY CLERK WT enter upon and Into any establishment hate Division of Beverage for inspection by general law, during such business his went or employee, or such other tenrdne compliance with this section. If is being served, or sold, past the time Is officers are authorized to immediately e to comply with this section may also pess, or a tenant leasing from a license sed by Florida Statutes chapter 162, or P of Ordinances should be inconsistent such inconsistent provision is hereby declared by a court of competent of said ordinance shall remain in full the 19th day of October, 1993, public hearing this 28th day of MAYOR JAMES E. KIRK final public hearing this 19th day of MAYOR JAMES E. KIRK 0 ,�p"S q. N w United tates Postal rvice September127, 1993 John J. Drago City Administrator 55 SE 3rd Avenue Okeechobee F1 34972 Dear Mr. Drago, I am requesting a position on the agenda of the City Council meeting scheduled for October 194 1993. I will be accompanied by a representative of the Post Office engineering department. The purpose of this request is to discuss the traffic light proposal at the corner of Hwy-70 E (Post Office) and SE loth Avenue. I estimate that the time needed will be approximately 15-30 minutes. Thank you for your time with this matter. W4 i Al Waller, Postmaster Okeechobee F1 34972-9998 AW/lh E DE SANTIS, GASKILL � ATTORNEYS AT 11891 U.S. HIGHWA' P.O. BOX 1412 �oH•rn 1>.�T.a1 1ar..�rrr. >'r.a (407) 622-2701 FAX 622-2841 October 11, 1993 Mr. John J. Drago 1001 U.S. HIGHWAY ONE City Administrator JUMrERR,,FLOMDA33477 City of Okeechobee 515•J000 FAX 575.7090 55 S. E. 3 rd Avenue FAX Okeechobee, FL 34974-2932 CONRAD J. DeSANT15 ' RANDELL C. DOANE' TIMOTHY W. GASKILL ROBERT C. HACKNEY JANE S. HUNSTON' W. JAY HUNSTON. JR.' KATHLEEN G. KOZINSKI 3 CHAARLES S. MARION STEVEN L. ROBBINS CURTIS L. SHENKMAN- DONALD R. SMITH OF COUNSEL MKION PRIGOFF BOARD CERTIHED • CIVIL TRIAL LAWYER • REAL ESTATE LAWYER ALSO ADMITTED IN ' PENNSYLVANIA 'OHIO 'NEW YORK 'MICHIGAN Re: Dear John: This will confirm the outcome October 1, 1993, as well as our st proposed settlement of the abo recommendation that the City Coun litigation withSharp Construction Cc 1. Payment by the City to $ha sum of $150,000.00, payable within by the City Council; and 2. Exchange of Mutual Genera Construction, which will also includ any claims it might have or m Administration in relation to the gi to permit the prompt release of the to the City; and 3. Each party to bear its action. In conjunction with this settlement, City pay Knepper & Willard all of i relate to this contract. Once the obtained, the settlement moneys pal executed between the parties, the all counterclaims asserted therein, It is my opinion that this se City of Okeechobee, based upon the entered into a contract with the existing waste water collection sy was awarded based upon a low bid of the construction was achieved and September 11, 1991. Progress payme: to Sharp under the contract and th, of $63,511.42. At a meeting held HUNSTON, P.A. N NE I)A 33408-01:37 File No. 8326.000 f the Mediation Conference held on Iequent discussions, concerning the -referenced action. It is my 1 approve the settlement of this )any, on the following terms: Construction of the total settlement rty (30) days from date of approval Releases between the City and Sharp the release by Sharp Construction of ftt assert against Farmer's Home t involved on this project, in order maining grant funds from that agency attorneys' fees and costs of this t is also my recommendation that the outstanding engineering fees, which iproval of the City Council has been and the final settlement documents >ve-referenced action, together with 11 be dismissed, with prejudice. lement is in the best interest of the llowing analysis: Sharp Construction .ty of Okeechobee for repairs to an am in October of 1990. The contract i87,130.00. Substantial completion of a City accepted the work on or about totalling $571,602.77 have been made :ity currently is holding a retainage tween representatives of the City and • U Mr. John J. Drago October 11, 1993 Page 2 representatives of the Contractor o asserted that it was owed approximat this contract, including claims for the contract documents., The Cont however, to agree to a final contra( the City's prior progress payments of payment in the amount of $482,889.23 Instead, the City tendered payment contract, together with previously ap a net contract payment of $66,168.22. engineers, offered to discuss the v Sharp, as the City's representativ amount of extra work had been done o at that time was that Sharp was de payment request. The Contractor ref final payment demand and proceeded to Following extensive discovery and the depositions of all five of t this job from its inception to its cc and conducted on October 1, 1993. Contractor's claims, including inter upon consultations with the engineer produced by Sharp Construction in the by Sharp Construction's representa $84,000.00 worth of claims would Contractor in this litigation. Add the City had held back from Sharp, contract items contained within the always been recognized as due and o, our opinion that the Contractor coul a Judgment at trial in a total ai budgeted expenses for the City of Ok this litigation and pay the expert $60,000.00, and the fees and costs this amount, based upon the estimate( faced the risk of spending an additi case, with a reasonable likelihood ( $150,000.00 entered against it at tr. Through the extensive negotia process, we succeeded in negotiatinc payment of $150,000.00. Naturally, at with a substantial savings from t. and costs to take this case througt eminently reasonable from the City' that the City Council approve the sE performed by,the engineers over and necessary and extremely beneficial case, it is my opinion that the outs paid by the City to Knepper & Willar FILE October 30, 1991, the Contractor y $1,350,000.00 for its work under tra work in excess of the scope of -tor stated that it was willing, amount of $1,054,492.00, reduced by 571,602.77. That demand for a final ,s justifiably rejected by the City. :f the retainage amount under the owed contract sums of $2,656.80, for Additionally, the City, through its sous claims for extras asserted by have always recognized that some this project by Sharp. The problem nding all or nothing in its final Led to discuss any reduction in its ile suit against the City. the records of Sharp Construction Contractor's employees who were on :lusion, mediation was scheduled for As of the date of mediation, the it, amounted to $537,739.04. Based Ld a detailed review of the documents Liscovery and the testimony presented ,ves, we determined that at least reasonably be recoverable by the ionally, the unpaid retainage which as well as the previously approved ontractor's final pay request, have ng to the Contractor. Thus, it was reasonably be anticipated to recover unt of at least $150,000.00. The chobee in this fiscal year to defend oats involved in the litigation are o try this case would liekly exceed trial time of 5 days. Thus, the City :al $60,000.00 or more to defend this having a Final Judgment of at least 1. Lons conducted within the mediation the Contractor down to a total final Lis negotiated settlement was arrived amount estimated for attorneys' fees :rial. Therefore, the settlement is perspective and I strongly recommend :lement. Because the additional work )ove the contract work was reasonably .n obtaining the settlement of this nding engineering fees should also be • Mr. John J. Drago October 11, 1993 Page 3 FILE Again, the recommended settlement with Sharp Construction Company is an extremely favorable one for the CLty and I would urge that the City Council approve that settlement on the above terms. Naturally, if you have any questions or comments or if I can Irovide any additional information or backup concerning this matter, pleas o not hesitate to contact me. With best regards, I am I r Hunston, WJH/br 0 Knepper& Willard, inc. Civil . Environmental Engineers October 7,1993 Mr. John J. Drago City Administrator City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974-2932 Re: Okeechobee Force Main Valve Installations K&W Project No. 7209-91 Dear Mr. Drago: Enclosed are the following documents, submitted to close 1. Application for Final Payment, in the amoi and Fifty Cents ($6,625.50). 2. Affidavit by General Contractor. 3. City of Okeechobee Final Release. 4. Consent of Surety Company to Final Payn 5. Record Drawings, prepared from inforn representative. The Final Payment Application reflects a reduction of 1 ($374.50), because of the Contractor's lapse in worker's c reviewed the calculations for determining the credit and b has concurred with our making the reduction from his p We recommend that the City pay the Contractor the Final Five Dollars and Fifty Cents ($6625.50), and accept this p If you have any questions, please contact us. Very truly yours, KNE & WIL , INC. Daniel S. Willard, P.E. President/Principal Engineer Enclosures cc: James Dyke, P & C Construction, Inc. 7209-01.d9w/jm the referenced project: Six Thousand Six Hundred Twenty -Five Dollars provided by the Contractor and our on site Hundred Seventy -Four Dollars and Fifty Cents nation insurance. Knepper & Willard, Inc., has s the reduction to be appropriate. The Contractor isly submitted Final Pay Request. :e amount of Six Thousand Six Hundred. Twenty - as being complete. 3030 N. Rocky Point Drive West Hillsborough (813) 281-0120 Suite 570 Pinellas (813) 821-3291 Tampa, Florida 33607-5905 FAX (813-) 281-1156 j - • APPLICATION FOR PAYME 7' s The City Of Okeechobee, Florida To Valve Installations on Exist ` Contract for PU-01-00-01-93 OWNER's Contract No. . ENGIN July For Work accomplished through the date of CONTRA( ITEM Unit Price #1 - Site One $35000.00 #2 - Site Two 35000.00 Total (Orig. Contract) C.O. No. 1 C.O. No. 2 :TOR's Schedule Quantity I: LS 1 LS Accompanying Documgntation: GROSS &MO LESS l AMOUNT Dt LESS PREVIi AMOUNT DI )NTRACTOR'S Certification:,cr�all - � L t pa,,sah�.Znsa�� ie undersigned CONTRACTOR certifies that: (1) all prgvio count of Work done under the Contract referred to above hi CONTRACTOR incurred in connection with Work covere rough -0- - inclusive; (2) title to all V irk or otherwise listed in or covered by this Application for se and clear of all liens, claims, security interest and enct ceptable to OWNER indemnifying OWNER against any st A (3) all Work covered by this Application for Payment is in fective as that term is defined in the Contract Documents. ated July 30 119 93- P Payment of the above AMOUNT DUE THIS Dated Ow-�Viyv- 7 , 19 93 By NO. FINAL , (OWNER) a 18-Inch Force Main is Project No. 1993 of Values Amount $35000.00 35000.00 $ 70000.01 Work Completed Quantity I . Amount 1 I $ 35000. 1 35000. 1$70000.0 IT DUE .................... $ 7,000.00 ETAINAGE ................ $ -U- [S DATE NGS............ 0,000.00$63,00 .00 THIS APPLICATION .... $ 71000.00 psc J.n A%r-AaiS C-374. SG & V progress payments received from OWNER on e been applied to discharge in full all obligations )y prior Applications for Payment numbered i k, materials and equipment incorporated in said yment will pass to OWNER at time of payment brances (except such as are covered by Bond lien, claim, security interest or encumbrance); cordance with the Contract Documents and not & C. Construction, rl- (Authorized ftnature) James Dyke, President recommended. r 1 NG EER. (Authorized Signature) EJCDC No. 1910-8-E (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endon by The Associated General Contractors of America.- SC-8 L E CITY OF OKEECHO FINAL RELEASE KNOW ALL MEN BY THESE PRESENTS, that the unde. of the a ent of the sum of Seventy Thous no �eimts ( $ ) , paid by t] receipt of which is hereby acknowledged as tot; contract, simultaneously with the execution releases and quit -claims to the City of Oke liens, lien rights, claims or demand of undersigned now has or might have against i improvements on the premises commonly known Streets, Okeechobee, Florida,. on account of furnished for VALVE INSTALLATIONS ON EXISTING; improving said property situated as above dea The undersigned waives all claims, disputes ar relating to, the Contract which have not been to this date and are not in litigation, as contract documents. The undersigned further convenants that materialmen and any or all other persons su paid in full for all work under this Contra( The undersigned agrees to maintain in full Ifo Contract respecting the guaranty against defy the Contract Documents, which term shall beg. the Contract Documents. IN WITNESS WHEREOF, I have hereunto 30tb day of __"1 v State of C' c-: County of Q, , P, A I HEREBY ACKNOWLEDGE that the statements true and correct. Sworn to and subscribed before me this 30th day of July 1993 �� ,. .. FLORENOE 118LESM My COMMSM 0 cc 292470 OWES 0Rl.�:� • SWMI r 30, ins e0110E011NgJ 1110Y MM NIIINIAMa, INO. FR-1 igned, for and in consideration id Dot 1 ars anr3 Dollars City of Okeechobee, Florida, payment for the below -described E this Release of Lien, hereby hobee, Florida, the Owner, all iy kind whatsoever, which the e property, building .and other id described as Okeechobee City .abor performed and(or material -INCH FORCE MAIN, or in otherwise other matters arising out of, or Used by of written demand prior e case may be, pursuant to the subcbntractors, suppliers and ing service or labor have been and effect the provisions of the ve work for the term provided in o run from the date specified in �et my hand and seal this 93 James Dyke j/ •resident (Title) in the foregoing Release are (Title) ��\ l C_ N o� Pic � .--._ • STATE OF FLORIDA COUNTY OF A•-\ A� James Dyke first duly sworn, do now depose and s ay Corporations who have furnished services, 1 of Valve Installations on existin Okeechobee, Okeechobee County, Florida, ha work, and it has been accepted by the Owner materials or appliances in connection with t paid. Subscribed and sworn to before the County of • CN�, 1 30 th day of July FLOIM J.IMESM .r = W COMMON / M 232/78 M MRES so. Im • , eaoeoMMMMUMNam. AF- • PI -Le: ,having been That all. persons, firms and ,r or material for the construction 18" force Main for the City of fully completed their respective Lnd there are no bills for labor1 oar )' :h construction which have not been ;me. Dyke, P esident Contractor's Representative (Seal) undersigned, a Notary Public for : of Florida, in said County this lg 93 itary Public I* Commission Expires: CONSENT OF SURETY COMPANY TO FINAL PAYMENT AIA DOCUMENT G707 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER PROJECT: City of Okeechobee, Florida (name, address) TO (Owner) --I City of -Okeechobee 55 S. E. 3rd Avenue Room 102 Okeechobee, FL 34974 L .J CONTRACTOR: P & C Construction, Inc. In accordance with the provisions of the Contract between (here insert name and address of Surety Company) North American Specialty Insuran on bond of there insert name and address of Contractors P & C Construction, Inc. hereby approves of the final payment to the Contractor, relieve the Surety Company of any of its obligations to there City of Okeechobee as set forth in the said Surety Company's bond. Bond No. 128038 FCP: $70,000 ITECT'S PROJECT NO: -RACT FOR: Valve Installations on existing 18" Force Main DATE: Owner and the Contractor as indicated above, the , SUR M, COMPANY, , CONTRACTOR, agrees that final payment to the Contractor shall not name and address of Ownert , OWNER, IN WITNESS WHEREOF, g 19 93 the Surety Company has hereunto set its hand this 2 day of August Norta American Specialty Insurance Company Surety Company Sig a ure of A heristd Representative '-1 Attest: J s M. Moore, Attorney -in -Fact and (Seal): - d-RoOriont Agent Titl ,/ do e nt to AIA 0OCU ENT G706. CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND NOTE: This form s to be used as a companion cum CLAIMS, Current Edition � O`E PACE AIA DOCUMENT G-.117 • CONSENT OF SURETY COMPANY TO FINAL P,Y4E T • APRIL 1970 EDITION • AIAB ,t •o-n • tr•s %N INSTITUTE OF A;CHITECTS. 177S NEW YORK AV .. NW. WASHINCTO` D.C. :0006 H AME'R1CAN SPECIALTY Mbunr'.._- 1 GENERAL pOWER IV IN l TH AMERICAN SP IA ew I. PREShENOFI M wH �Eoffice in the City of Manchester, KNOW ALL MEN BY THhse and �. the State of NewaHampshire, nda a�int ,LAMES M. MOORE. malts, constitute ute, seat and deliver for in -Fact, to make, exec bonds, undertf as suretyshexecuted u its true and lawful Attorney' ntract or surety P the nature of a bond on behalf of said Company, provided that no bond or undertaking or co TWO MILLION FIVE HUNDRED is ranted and is Signed and sealed by tagmr�le under a' The Power of Attorney is at a meeting duly called and held on the 24 American Specially Insurance Company any Assistant Vice Presidt Vice President, to execut .'RESOLVED, that the President and in the ghat^ Powe Attorney qualiying the r of Attorney Of them hereby is authorized to attest to 1 attorney named contracts of surety, and that each or any and officers and the seal of the Signature of such bearing a eh' of the FURTHER RESOLVED, that then Attorney or certificate ea I surety n which it is arb by laeslmite, and any such Power artakin9 or r�rdr future with regard to any bond, and North American Specially InsrNhas caul ance Company hereo. the 7Ih of December• 1990. IWitness W fpresidents on attee sted by one of its Vice K j � «� B. Kerr, Gilbert BY State off Cuyahoga Ohio ss: County before me, a Notary Public' persons" ap On this Oecembero ' Attorney aq officers of said NORTH AMERICAN the above Power deed 01 the corporation. MY commission does not expire S.C. 147.03 Ohio Revised Code Mangino. Secretary of NORTH AMERICAN 1, Robert M. INS Power of Attorney by said NORTH AMERICAN SPECIAL 1 hereunto set my hand and affixed the seat of said Company this 1" 1 1 V• . jVaiid onl� if Numbered in ANY 1410 TTORr1EY organized a bexisting under laws of these presents does MICE COMPANY, a corporation anddu ppointed, and Y ...Mire. has made, Constituted O'MAFtA d as its act and deed bonds or other writings obligatory in its behalf an ship to be given to all obligees nd contracts of surety . . 3 authority shalt exceed in the amount of . . AND t2,500,000•0o) DOLLARS the authority Of the following Resolution adopted by the Board of Directors of North April.1985. reby is authorized to execute Powers of Mary be and each or any bonds, trndertakings so any S sity Insurance Corrt then the seat of the Company: behall of North American pact and to attach thereto tecudon of any such Power of Attorney er of Attorney or to any certificate reladrrg thereto the ComPa^Y when so affixed and in 'o pany may be affixed to any such Pow natures or fecsimile seal shall be binding upon i' presents to be Signed by i official seat to its President a� be hereunto affixed• and these Pr Alan MPSWop• Vice Pres'- BY acknow�`d that tr Kerr and Alan K. Shoop who being by if duly sworn• ant to be the Ho1unta` Gilbert B. said irrstrum IALTY INSURANCE COMPANY and acknowledged ,W fry Ronald H. Lasko. and forging is a true and co" MPAN Y, do hereby certify that the above REOF. )RANCE COstied. IN WITNESS COMPANY, w� his still in lull force and e Jay of �r�� Robert M. Mai. E� cox�a .Butler cmwtruat= 210 liardae lam -2Ocka&ASe, Z'lorida cmPanY, Inc. 32955 Grouadaater 3�*aatm mt jimt - ?hase.i B CT 92-1 3B3tiQD Z;DVM3 D 8/16 /93 'TBZtOIIGH 9 /15 /93 334ds .wed . motive to peed iammenaw;moo Snb. =cwa-etioa � 't:o Zamlpletion ?Date 3 t.. tD mate (da" ) =cm*mot --Azo=t cbmwe 2>rde= 390_ 3 =Mmmm �r3et 340_ 44 �37 to ??ate _ T.omciiaet ]taonat �a�p7cete 3'+srcam�e Za�a7.ate BY: 2/18/93 5 /04/93 335 395 -4/3 -93 `Subst. -6 2 FINAL _r Meese, Macon .& ' so=ates BY �A'PE • to xacae , maccm ano assocla zes , 9.121 North Military Trail Suite 207 Palm Beach Gardens 7L 33410 (407) .625-6660 PW) -625-6664 (F=z) 2artia7 2ayjmmt 3tsti-hate 31o.: FOUR REVISED 3u ,- ; 9/151(93 'SDMM71iCY OF ?OB STxTVS • sotal ;R k CcG=3 stud :$ 693 323.32 ,.�mmc:jm3s stored Onsi.•te 1 2 G 2O.4 3 Zabtotal 842 943-383 s _4 4'; . q S 3mess >teCID%) 3mm 31vl:i0ns 2M3=mts jxc=f mme !%%-;x period � 84-794.3T 63 50.4.4 c 480,391.71 21I.4S1 $4 �. .rr - 1. _�.. .. .r• �.-- .. -air+ ... ....ter ..... .�-. �• ....... Acmd that AM =wcwi'vmd ==v5= thZ'S T==%uct -have 04M to 4diXcbca=e tu71ma= CC the Z;a�traet= zoom:�tti ema tt�e�.ectad 3a �.�s 7 went sagnesta and that 'hocxv2y Nages maid -to A= leas mm xhia . act tat the Zeri=d --Cl thin msti=Rte err ZiM sccardanee +1ti-th the Jaave Mca1m s� ;�••� a� the somtract i i BUTLER CONSTRUCTION COMPANY, INC. tractor 3aATE - Knepper& Willard, inc. Civil • Environmental Engineers October 9, 1993 John J. Drago City Administrator City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974-2934 Re: Okeechobee Sidewalk Improvements, K&W Proj. No. 7218.93 Dear Mr. Drago: Enclosed is Application for Payment No. 2 from F have reviewed this pay request, find that it fair] recommend that payment be made to the contri Hundred Sixty -Eight Dollars and Nine Cents ($8, sidewalk on SW 15th Street, which should comme If you have any questions, please contact us Very truly yours, KNEPP R & WILLARD, INC. Daniel S. Willard, P.E. 7218-20.dsw cc: Chuck Elders P. Hamby, Inc for the referenced project. We V represents the work completed to date, and or, in the amount of Eight Thousand, Nine 16 8.09). This does not reflect -any work for the I e in the near future. 3030 N. Rocky Point Drive West Suite 570 Hillsborough (813) 281-0120 Tampa. Florida 33607-5905 _ Pinellas (813) 821-3291 FAX (813) 281-1156 •.r ♦••v.411.11 ♦I •�V. 4 ■ i ■ 4 E 1-1 I I I AP*ICATION FOR To _ CI OF OKEECHOBEE Contract for SIDEWALK IMPROVEMENTS I OWN ER's Contract No. PW-01-00-02-93 For Work accomplished through the date of S ITEM 1. SIDEWALK 2. SITE -RESTORATION A. SIDEWALK Total (Orig. Contract) C.O. No. I C.O. No. 2 YMENT NO. TWO !/ 1 (OIVNER) i E 2 NGINEER's Project No. 7218.93 ER 21, 1993 CONTRACTOR'1 Unit Price ( Qua 19.49 • .. 5, 900.00 21.49 14 7901 Accompanying Documentation: GROSS LESS — AMOU] LESS P AMOU] CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that: (1) all account of Work done under the Contract referred to a of CONTRACTOR incurred in connection with Work through TWO , inclusive; (2) title Work or otherwise listed in or covered by this Applicat free and clear of all liens, claims. security interest at acceptable to OWNER indemnifying OWNER against and (3) all Work covered by this Application for Payme defective as that term is defined in the Contract Docur Dated SEPTEMBER 28 19 93 Payment of the above AMOUNT DUE THIS A Dated +/ 7 " 19 q 3 EJCDC No. 19104_E (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and SC-8 E. chedule of Values city Amount $ .Y. 27,286.00 UM 5,900.00 .Y. 16,977.10 $ 50„ 8'Ei3.10 I A rra--- Work Complete IQuantity I Amount 1220.889 23,795.1: 100% 5,900.O1 591.11 12,702.9. $42,398.0 4OUNT DUE .................... $ .42.398.07 _ % RETAINAGE ................ $ 2,119. 90 DUE TO DATE .................. $ 40.278.17 VIOUS PAYMENTS ............ $ —31, 310. 08 DUE THIS APPLICATION .... $ 8,968.09 pious progress payments received from OWNER on have been applied to discharge in full all obligations .red by prior Applications for Payment numbered 1 I Work, materials and equipment incorporated in said or Payment will pass to OWNER at time of payment icumbrances (except such as are covered by Bond such lien, claim, security interest or encumbrance); in accordance with the Contract Documents and not R.P. HAMBY, INC. CONTRACTO (Authorize tgnature) I is recommended.. / /✓ /� /7 (Authorized Signature) by The Associated General Contractors of America. f� • RMA Reese, Macon and Associates, Inc. City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974 ATTN: John J. Drago, Director of Utilities RE: -Force Main Air Release Valves Dear Mr. Drago: As you know, we have encountered some main in our efforts to observe the start-up of the question runs from the Seminole Elementary Schi Park. In essence, the problem stems from the fac installed. The main has numerous high and low s originally equipped with air release valves. Air di prevents proper pump operation. Based on surve approximately thiriam (13) possible locations whe This is, admittedly, ridiculous given the length of expensive than pipe replacement. The City has it several of the locations and confirmed the air can operation. These are currently being manually re that automatic valves be installed as soon as possi quotations from three contractors. The prices are via facsimile October 13, 1993 ious problems with the City force wckey Lift Station. The force main in to a manhole near the Industrial hat the 4orce main was not properly. ts. The high spots were not ,lops in these high pockets and nformation we have located air release valves could be justified. ie involved, but still much less Wed manual air release valves at released to allow proper pump sed on a daily basis. It is imperative :. To this end, we have secured immarized below. Lump Sum Additional Price Price for Per Each For Contractor Three Un To 13 All 13 G.E. French Construction $7,200 $2,512 $32,320 Chaz Equipment Company $9,000 $5,000 $59,000 Rock -A -Way, Inc. $9,900 $3,500 $44,900 The base price covers the installation of three v judge the effectiveness. If additional valves are up to a maximum of thirteen (13). We propose to install these and 1, they will be added as required, 9121 N. Military Trail - Suite 207 - P Ph. (407) 625-6660 leach Gardens, Florida 33410 407) 625-6664 9 City of Okeechobee John J. Drago, Director of Utilities RE: Force Main Air Release Valves Page 2 We recommend authorization of this worl Construction, Inc. for their low bid of $32,320 to (minimum number shall be three ($7,200)). We have contacted DOT regarding a pert urgency of the problem and have promised to ex have questions or wish to discuss this further, ple wdr-310 93-109 ►n an emergency basis to G.E. French ever up to thirteen (13) valves for this work. They understand the lite the necessary permitting. If you call. Very truly yours, William D. Reese, P.E. RMA' Reese, Macon and Associates, Inc. City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974 ATTN: John J. Drago, City Administrator RE: Master Plan - Distribution System Dear Mr. Drago: As set forth on page 2 of our 10/W91 required to submit for your approval our pr, resident project representation prior to comp currently in permitting and we hope to be b: As you tMe. This is intended to require ,restoration as deferring all restoration until completion. Althi reduced impact on residents, it will tend to leng be pleased to place a full time on -site inspector necessary presence can be provided by intermitt per week at the beginning and end of the projec periods. Assuming substantial completion withi: 12 months, this equates to a lump sum amount completion within the contract tunes stipulated problems with few, if any, delays. If this is agreeable, please indicate your provided below. If you have questions or need ACCEPTED BY: City of Okeechobee DATE: October 11, 1993 eering services agreement, we are l fees for engineering services and vent of construction. The project is within 30 days. in all parts of the , e project proceeds rather than gh we believe this will result in a en the overall contract time. We will i the project. However, we believe the t attendance which varies from 2 days :o 4 days per week during peak 11 months and final completion within $120,000. The figure assumes project eve and only normal construction lance by executing in the space ing further, please call. Very truly yours, William D. Reese, P.E. wdr-29703-109 9121 N. Military Trail - Suite 207 - Ph. (407) 625-6660 Gardens, Florida 33410 625-6664 °� °KEEoyo ��OR10P CITY OF OKEECHOBEE M E M O R D U M TO: Mr. Drago, City Administrator DATE: October 13, 1993 THRU: SUBJECT: Mowing_ Bid THRU: FROM: Chuck Elders, Director of Public 4ks<< **************************************************************************** Due to the fact the work load in my depart ent has incresed quite a bit and due to the fact that the rowin obi s were c siderable lower than before, I am recommending awarding the, � n s, me and sidewalks bif, to My Neighbor Lawn Care Service. This will free up s e time for other things to be done. However, I would like to try this on a t porary basis. If there are to many complaints, or it is not taken care of at least_ as well as I was able to, I would like to return it back to in house. PARKS MEDIANS SIDEWALKS My Neighbor Lawn Care Servic $ 169200.00 Bass Lawn Service 43,020.00 Okeechobee Lawn Service 559776.00 Ron's Lawn Maintenance N/B Jerry Taylor N/B `45 X'S a- ekS u;� hbw ma" 4441 �O dtV:" 4 Swu Ck2oj-;S 1',OfO� C� • ' 1 a yo s _ A City of Okeech ee 55 S.E. Third Avenue • Okeechobee, orida 34974-2932 a 813/763-3372 TO: MAYOR AND COUNCIL On behalf of the entire City Staff, it is budget - GENERAL FUND 24, 1993 •--� isure to present to you a balanced The Council directed that the current millal 14 P rate of 4.15 mils. be increased to 4.94 mils, in order to give salary adjustments to empic y ges. The debt service millage rate will decrease from .39 mils to .30 mils.. Both chat es are incorporated into the 1993 94 Budget. The Budget for fiscal year 1993-94 repre nts a 4.8% increase from the adopted 1992-93 Budget The Fund Balance is $305, 0 Capital Improvements and Equipment b geted for Public Works are listed in the detailed line item for Public Facilities. The nds come from gas tax revenues. $150, 000.00 has been budgeted for street pavi . The streets to be paved are: Southwest 10th Street; between 14 Southwest 11 th Avenue, between Southwest 2nd Street; between 1i Southwest 4th Avenue, between 9 Southwest 9th Avenue, between S Southwest 3rd Avenue, between 4 Southwest 5th Street; between 10t Southwest 4th Street; between 10t Southwest 10th Stree4 between 7t S©4wrrwsWrbetween Southwest 8th Court; between 110 Southwest 11 th Drive, between 11 Northwest 9th Avenue, and SR 70 The City has a current contract for street pi the current contractor do the 1993-94 street Aar i Ave. and 12th Aver th St: and 12th St.., i Ave. and S. Park St. St: and Dead End 'ark St and 2nd S St and eth SC 4ve. and 11 th Ave. 4ve. and 11th AvV. 4ve. and Dead End th St and Del End %ve. and 12th Ave. St and Dead End dening of turn lane, 7. It would be cost effective to have program. The proposed general fund budget maintaio� current City services at current levels. • Mayor and Council September 24, 1993 Page 2 of 3 DOWNTOWN IMPROVEMENTS With the help of Barnett Bank, the City improvements to the downtown business disc process at a faster pace,; I'm recommending ttt with C & S Bank. This loan was used for street are, the City can realize approximately $500,t would be used for all transportation related o lights, paving and offstreet parking. Whateve clean drainage ditches, beautify City owned a OTHER \� end that the Cite Flo to as tS�°'racenrrng its full PUBLIC UTILITIES The operating fund balance is $140, 360. improvements to City facilities and services. The new Groundwater Treatment Plant be rated at 1 MGD. The detailed line item for the lmproveme areas for system wide improvements. These h with improved integrity, reliability and quality. Capital Improvement Projects for Public 1. System Infill for Water and 2. Partial completion of the new 3. Completion of the Master Plan 4. Completion of Phase 1II for the reloped a Master Conceptual Plan for and the parks. In order to begin the he City refinance the $1.3 million loan ving. With interest rates as low as they .00 of new money. This new money endiiures such as. sidewalks, street Inds are remaining could be used to fans or pave., Audit for electric, telephone and cable t4 'the sale of those uN kles.. The budget provides for continued be near completion. The Plant will Replacement Fund outlines speck ments will provide the Utility System are as follows: Treatment Plant. Distribution work. Treatment Plant Expansion. With the interest rates as low as they are; ould strongly recommend refinancing at least the 1987 Bond Issue and probably the 1 9 Bond Issue. The City should realize a good cost savings. Sometime in 1994 the Deb Iervice Fees will have to be readjusted F P.O. Box 2322 0 • I Vt AW 00 rRAAN"4 E I C A N 6ift F.16- PA LT ERVICES, INC. , • Okeechobee, Flor a 34973-2322 October 1 To: The Mayor and City Council Re: The contract concerning Dear Sirs, 1993 eechobee paving for the city of Okeechobee It has been brought to my att tion that your budget memo of September 24, 1993, contains ad tional street paving for 1993-1994. I am appalled that it being recommended that this work be done without being bi out. Several months ago, I came be re your board to ask why the current contractor was given this year's contract without it going out for bid. I was told A was an extention of your first contract, and that you wanted to get the roads done before the rainy season. If the current contractor had of been given that extention of the first time contract, the Ci would have received thousands of dollars in liquidated damages. oads that were on the first contract were just completed this nth. I also noticed the parking lot at the water plant was paved. How can this be an extention of stzeet paving? I have spoke with some local site work contractors whc feel the same way I do, and they have also questioned the legality of this practice of not bidding large contracts such as this one. I ask you again to bid this contractor to have the chance to Respectfully Yours, kU-A� Ronald L. Schmidt ject out to permit a local :he work. M ~mat c�ycyoi' w� - City of tie TO: All Department Heads THBII: John J. Drago, City Administrator THBII• DATE: 10/19/93 ' SUBJECT: City Employee Holidap's FROM: Bonnie S. Thomas, City Clerk 4--, The following dates will be ctserved as Holidays through the remainder of 1993: Veterans Day - Thursday, November 11, 1993 Thanksgiving - Thursday, Ncvember 25, 1993 and Friday, November 26, 1993 Christmas - Thursday, December 23, 1993 and Friday, December 24, 1993 News Years - Friday, Dece er 31, 1993 Please post your calendars and/or ulletin boards accordingly and have qafg, Thankful Rzyoarr+nt;o7 ad Rannv Anitda ys. everyone- Thank You!!