1994-05-03330
CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
A. Call regular meeting to order on May 3, 1994 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:
Attorney John R. Cook
Administrator John J. Drago
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
D. Motion to dispense with reading and approve the Summary of
Council Action for the regular meeting of April 19, 1994.
Mayor Kirk called the regular City Council meeting to order on May 3, 1994 at
7:03 p.m.
The invocation was offered by Councilmember Watford;
Pledge of Allegiance was led by Mayor Kirk.
Clerk Thomas called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
Councilmember Entry made a motion to dispense with reading and approve the
Summary of Council Action as corrected for the regular meeting of April 19,
1994; seconded by Councilmember O'Connor.
Correction noted on page seven, paragraph five, motion was made by Council -
member Watford, seconded by Councilmember Walker.
PAGE 1 OF 13
331
D. Approval of minutes continued:
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL
OF ITEMS ON TODAY'S AGENDA.
E. OPEN PUBLIC HEARING
1. a. Motion to read by title only, and set May 17, 1994 as a
public hearing date, Ordinance 668 - City Attorney (Exhibit
1).
MAY 3, 1994 - REGULAR MEETING - PAGE 2 OF 13
Vote on motion is as follows:
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
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 at 7:06 p.m.
Councilmember O'Connor made a motion to a read by title only, and set May 17,
1994 as the public hearing date, (proposed) Ordinance 668; seconded by
Councilmember Entry.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 668 by title only as follows:
"AN ORDINANCE ADOPTING CITY OF OKEECHOBEE WATER AND
WASTEWATER DESIGN AND IMPROVEMENT STANDARD; PROVIDING FOR
SEVERABILITY• PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE."
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332
E. PUBLIC HEARING
b. Motion to approve the first reading of Ordinance 668
c. Public comment.
MAY 3, 1994 - REGULAR MEETING - PAGE 3 OF 13
Councilmember O'Connor made a motion to approve the first reading of
(proposed) Ordinance No. 668; seconded by Councilmembers Entry and
Watford.
Mayor Kirk ased if there were any comments or questions from the public. Ther
were none.
Mayor Kirk asked for any questions from the Council. Administrator Drago
responded to Councilmember Watford's questions, stating these two ordinances
are the Land Development Regulations for Public Works (addressing
subdivisions) and Public Utilities (addressing water and sewer guidelines for
developments).
Engineer Reese and Engineer Willard prepared the Public Utilities ordinance and
Engineer Willard, Public Works Director Elders and Administrator Drago
prepared the Public Works ordinance.
Councilmember Watford stated that on several pages of the proposed ordinance
it is indicated that the approval of certain items is to be made by the City
Administrator, questioning if that was the correct person to make the approvals.
Administrator Drago explained that Appendix A is the only area the City
Administrator can amend. The Department Head will recommend what items
should be approved, forward them to the City Administrator who will meet with
the engineer and give a final approval.
Councilmember Watford asked if there was an area in the proposed ordinance
for "share cost"? Administrator Drago explained the item would be addressed
in the Developers Agreement, not in the regulations.
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E. PUBLIC HEARING
d. Vote on motion.
2. a. Motion read by title only, and set May 17, 1994 as a
public hearing date, Ordinance 669 - City Attorney (Exhibit
2).
b. Motion to approve the first reading of Ordinance 669.
MAY 3, 1994 - REGULAR MEETING - PAGE 4 OF 13
Vote on motion is as follows:
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Councilmember O'Connor made a motion to read by title only, and set May 17,
1994 as a public hearing date (proposed) Ordinance No. 669; seconded by
Councilmember Entry.
KIR K
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 669 by title only as follows:
"AN ORDINANCE ADOPTING CITY OF OKEECHOBEE SUBDIVISION
REGULATIONS AND SUBDIVISION DESIGN STANDARDS: PROVIDING FOR
SEVERABILITY: PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE-
AND PROVIDING FOR AN EFFECTIVE DATE."
Councilmember Entry made a motion to approve the first reading of (proposed)
Ordinance No. 669; seconded by Councilmember O'Connor and Walker.
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E. PUBLIC HEARING
2. c. Public comment.
d. Vote on motion.
MAY 3, 1994 - REGULAR MEETING - PAGE 5 OF 13
Mayor Kirk asked if there were any questions or comments from the public.
There were none.
Mayor Kirk asked for any questions from the Council. Councilmember Watford
questioned, a development could have a private street? Administrator Drago
answered, yes, this is for a "gate development" the streets would have to be to
City specifications, however, they would be maintained by the development.
Council discussed "open spaces and public sites" for new developments. This
is one.Fthe requirements in the City's Comprehensive Plan. Council also
discussed the item of "Hardships," Chapter One, page twenty-one. Following
lengthy discussion Mayor Kirk advised the Council, to give the hardship item a
lot of thought, if they want to keep the language as proposed or delete it.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
CLOSE PUBLIC HEARING 11 Mayor Kirk closed the Public Hearing at 7:34 p.m.
335
F. NEW BUSINESS
a. Motion to remove from the table the warrant registers
for March, 1994.
b. Motion to approve warrant registers for March, 1994:
General Fund ......... $212,502.81
Public Utilities ........ $569,794.36
2. Motion to approve Beverly Fell as a new Dispatcher -
Police Chief.
MAY 3, 1994 - REGULAR MEETING - PAGE 6 OF 13
Councilmember Watford made a motion to remove from the table the Warrant
Registers for March '1994; seconded by Councilmem ber Entry.
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Councilmember Watford made a motion to approve Warrant Registers for March
1994 in the amounts, General Fund two hundred twelve thousand, five hundred
two dollars, eighty-one cents ($212,502.81) and Public Utilities Fund five hundred
sixty-nine thousand, seven hundred ninety-four dollars, thirty-six cents
($569,794.36); seconded by Councilmember Walker.
KIR K
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Counciimember O'Connor made a motion to approve Beverly Fell as a new
dispatcher; seconded by Councilmembers Entry and Watford.
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
336
F. NEW BUSINESS
3. Motion to appoint Jeff Varri to the Firefighters Pension
Board until September 30, 1995 - Fire Chief.
4. Hear from Mr. J.A. Tootle regarding the intersection of
N.W. 4th Avenue and N.W. 7th Street - Mr. J.A. Tootle
(Exhibit 3).
MAY 3, 1994 - REGULAR MEETING - PAGE 7 OF 13
Councilmember O'Connor made a motion to appoint Jeff Varri to the Firefighters
Pension Board until September 30, 1995; seconded by Councilmember Watford.
KIR K
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Mayor Kirk turned the floor over to Mr. J.A. Tootle to discuss with the Council
an item regarding the intersection of Northwest 4th Avenue and Northwest 7th
Street. Mr. Tootle requested in his letter (Exhibit Three) that the Council abate
a nuisance, he felt was caused, approximately sixty years ago by the City when
a drainage ditch was installed along Northwest 7th Street . The reason Mr.
Tootle stated, "this drainage ditch is a nuisance. He cannot get to his property
(Block 61 Lots 3 to 6 City of Okeechobee subdivison) because Northwest 4th
Avenue is not an open road North of 7th Street."
Council and those present watched a video of the area that had been recorded
by the City. Council discussed various solutions to Mr. Tootle's problem.
Director of Public Works presented the Council with a map showing the property.
Attorney Cook read to the Council of Section 13-9 "Streets and Sidewalks" in the
City's Code Book: "AII opening and construction of unimproved roads and
providing of drainage for any city street shall be at the expense of the developer
or owner of the property needing said improvements and according to the
specifications of the city as prepared by the director of public works and the
city's consulting engineer." He then advised the Council not to pay for the
installation of a culvert across the drainage ditch, that the expense was Mr.
Tootle's according to City ordinance.
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E. NEW BUSINESS
4. Hear from Mr. J.A. Tootle regarding the intersection of
N.W. 4th Avenue and N.W. 7th Street continued:
5. Hear from Mr. J.A. Tootle regarding a complaint against the
Police Chief - Mr. J.A. Tootle (Exhibit 4).
MAY 3, 1994 - REGULAR MEETING - PAGE 8 OF 13
Discussion ensued, Mayor Kirk called for a motion three times. No motion was
put on the table, therefore, if Mr. Tootle would like a culvert installed in the
drainage ditch along Northwest 7th Street at the intersection of 4th Avenue, it
will have to be at Mr. Tootle's expense.
Mayor Kirk turned the floor over to Mr. J.A. Tootle to discuss a complaint against
the Police Chief Mobley. Mr. Tootle advised the Council, on the same property
discussed earlier, he has trailers and miscellaneous items in and around the
trailers. He found some copper wire gone and called the police to report it. He
advised the police officer who was taking his report that there were various
"hippie" campgrounds near his property and asked that the officer search their
campground. Officer Russell did search the area, Mr. Tootle stated he °looked
around", it was not a "search" in his opinion. Mr. Tootle then spoke with the
officer's supervisor, Sergeant Smith, who also searched the area. He stated the
police department was not doing their job and Chief Mobley would not listen to
him. In closing, he stated to the Council, "I expect you to tell the Police Chief
to uphold the law."
Mayor Kirk asked Chief Mobley if he would like to speak. Chief Mobley stated
Mr. Tootle's property where the copper wire was taken from was located near
the railroad tracks and as everyone is aware, transient's camp near areas like
that using the trains to get from town to town. One in particular, "George"
known to the community as the ubag man has been camping in that area.
Officer Russell searched George's camp by the law, as did Sergeant Smith. Mr.
Tootle went back to the police station, after the officers had left, and again
complained that a "proper" search had not been done. Sergeant Smith took Mr.
Tootle back to George's campground and they both searched, nothing was
found. This is against policy and I have spoken with the Sergeant about it, a
"victim" is not permitted in the "suspects" area. Mr. Tootle approached me in the
NAPA store stating he had a complaint, I told him my office was open any time,
he started right then about the search that was not done properly in his opinion.
338
E. NEW BUSINESS
5. Hear from Mr. J.A. Tootle regarding a complaint against the
Police Chief continued:
6. Motion to award a demolition contract to Kimmins
Contracting Corp. in the amount of $73,050.00 - City
Administrator (Exhibit 5).
7. Motion to approve a partial pay request to HCE Electric in
the amount of $88,236.00 - City Administrator (Exhibit 6).
MAY 3, 1994 - REGULAR MEETING - PAGE 9 OF 13
Chief Mobley continued, he told Mr. Tootle he would investigate the situation.
He then spoke with Officer Russell and Sergeant Smith and was advised of the
details as stated above; there was not enough probabile cause to search
George's personal bag. He went back to Mr. Tootle and tried to speak with him,
Mr. Tootle would not listen to what he had to say, therefore, he left. No further
discussion on this item. No off ical action taken.
Councilmember Entry made a motion to award a demolition contract to Kimmins
Contracting Corp in the amount of seventy-three thousand, fifty dollars
($73,050.00) (for the demolition of the old wastewater treatment plant, as
recommended by Engineer Willard of Knepper & Willard); seconded by Council -
member Watford.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Councilmember Entry made a motion to approve partial pay request (number
four) to HCE Electric in the amount of eighty-eight thousand, two hundred thirty-
six dollars ($88,236.00) (for the SCADA System as recommended by Engineer
Reese of RMA, Project No. 93-109); seconded by Councilmember Watford.
Engineer Reese stated tonight May 3, 1994, was to be the first trial run for the
new water plant, that it was to run all night.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
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339
F, NEW BUSINESS
8. Motion to approve a partial pay request to Butler Con-
struction Co. in the amount of $136,794.17 - City Admin-
istrator (Exhibit 7).
Motion to approve a partial pay request to R.P. Hamby, Inc.
in the amount of $15,326.94 - City Administrator (Exhibit 8).
10. Motion to adopt Resolution 94-13 - City Administrator
(Exhibit 9).
MAY 3, 1994 - REGULAR MEETING - PAGE 10 OF 13
Councilmember O'Connor made a motion to approve partial pay request
(number eleven) to Butler Construction Co. in the amount of one hundred thirty-
six thousand, seven hundred ninety-four dollars, seventeen cents ($136,794.17)
(for the Ground Water Treatment Plant - Phase I as recommended by Engineer
Reese of RMA, Project No. 92-158); seconded by Councilmember Walker.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Councilmember O'Connor made a motion to approve partial pay request
(number four) to R.P. Hamby, Inc. in the amount of fifteen thousand, three
hundred twenty-six dollars, ninety-two cents ($15,326.92) (for Sidewalk
Improvements - Phase 2, as recommended by Engineer Willard of Knepper and
Willard, Project No.7218.93); seconded by Councilmember Entry.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Attorney Cook read proposed Resolution 94-13 by title only as follows:
"A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT
FOR THE ADJUSTMENT CHANGE OR RELOCATION OF CERTAIN UTILITIES
WITHIN THE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED AND
PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT."
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F. NEW BUSINESS
10. Motion to adopt Resolution 94-13 continued:
11. Consider an alley closing request from Elaine Vanderhelm,
American Land Trust, Inc. and Richard Vest for Block 29,
City of Okeechobee Subdivision - City Clerk (Exhibit 10).
MAY 3, 1994 - REGULAR MEETING - PAGE 11 OF 13
Councilmember Entry made a motion to adopt (proposed) Resolution No. 94-13;
seconded by Councilmember O'Connor.
Administrator Drago stated he wanted to thank Senator Dantzler, with his help,
the initial cost to the City to relocate the water main was reduced by one
hundred seven thousand dollars ($107,000.00).
KIR K
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Council considered and discussed an alley closing application from Elaine
Vanderhelm, American Land Trust, Inc. and Richard Vest for Block 29, City of
Okeechobee subdivision.
Councilmember Entry moved to direct Attorney Cook to draft an ordinance
closing the alley in Block 29, City of Okeechobee subdivision to be placed on the
agenda for first reading at the next regular meeting; seconded by Council -
member O'Connor.
Mayor Kirk commented he did not know if any more alley's should be closed due
to potiential future growth of the City.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
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X
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X
X
X
X
X
341
F. NEW BUSINESS
12. Motion to approve a partial pay request to CenState
Contractors, Inc. in the amount of $46,235.87 - City
Administrator (Exhibit 11).
13. a. Motion to remove from the table the Director of Public
Utilities position.
b. Discuss the Director of Public Utilities position - Mayor
Kirk.
MAY 3, 1994 - REGULAR MEETING - PAGE 12 OF 13
Councilmember Watford made a motion to approve partial pay request (number
three) to CenState Contractors Inc in the amount of forty-six thousand two
hundred thirty-five dollars, eighty-seven cents ($46,235.87) (for Water
Distribution System Improvements as recommended by Engineer Reese of
RMA); seconded by Councilmember O'Connor.
KIR K
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Councilmember O'Connor made a motion to remove from the table the Director
of Public Utilities position; seconded by Councilmember Watford.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Mayor Kirk opened the floor for discussion or motion for the Director of Public
Utilities. Councilmember Entry noted the Council had received the background
check on one of Mr. Gilbert Sowder's previous employers.
Councilmember O'Connor made a motion to hire Mr. Wayne Jones for the
position of Director of Public Utilities: seconded by Councilmember Watford.
Councilmember Watford commented, this is a very hard decision, we have
received a lot of information on the three candidates. Discussion ensued.
Councilmember O'Connor called the question.
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342
F. NEW BUSINESS
13. b. Director of Public Utilities position continued
ADJOURNMENT
Mayor Kirk:
NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY
DECISION MADE A THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL
NEED TO INSURE THAT VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON V)Ik CK THE APPEAL IS BASED.
James E. Kirk. MAYOR
ATTEST:
Bonnie •S Thomas, CMC
CITY CLERK . .
MAY 3, 1994 - REGULAR MEETING - PAGE 13 OF 13
Vote on motion is as follows:
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
There being no further items on the agenda, Mayor Kirk adjourned the meeting
at 9:01 p.m.
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4 pKEE�y CITY OF OKEECHOBEE
CITY COUNCIL MEETING
OFFICIAL AGENDA
'cLORtOA
A. Call Meeting to order on May 3, 1994, at 7:00 p.m.
10 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 Meeting of
April 19, 1994
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA
OPEN PUBLIC HEARING
1. a. Motion to read by title only, and set May 17, 1994 as a public hearing date, Ordinance 668
City Attorney (E-1)
b. Motion to approve the first reading of Ordinance 668
C. Public comment
d. Vote on motion
2. a. Motion to read by title only, and set May 17, 1994 as public hearing date, Ordinance 669
City Attorney (E-2)
• b. Motion to approve the first reading of Ordina
nce 669
C. Public comment
d. Vote on motion
CLOSE PUBLIC HEARING
New Business
1. a. Motion to remove from the table the warrant register for March, 1994
• b. Motion to approve warrant registers for March, 1994
General Fund ........ $212,502.81
Public Utilities ....... $569,794.36
2. Motion to approve Beverly Fell as a new Dispatcher - Police Chief
3. Motion to appoint Jeff Varri to the Firefighters Pension Board until September 30, 1995 - Fire Chief
4. Hear from Mr. J.A. Tootle regarding the intersection of N.W. 4th Avenue and N.W. 7th Street
Mr. J.A. Tootle (E-3)
5. Hear from Mr. J.A. Tootle regarding a complaint against the Police Chief - Mr. J.A. Tootle (E-4)
6. Motion to award a demolition contract to Kimmins Contracting Corp. in the amount of $73,050.00
City Administrator (E-5)
7. Motion to approve a partial pay request to HCE Electric in the amount of $88,236.00
City Administrator (E-6)
8. Motion to approve a partial pay request to Butler Construction co. in the amount of $136,794.17
• City Administrator (E-7)
9. Motion to approve a partial pay request to R.P. Hamby, Inc. in the amount of $15,326.94
City Administrator (E-8)
10. Motion to adopt Resolution 94-13 - City Administrator (E-9)
11. Consider an alley closing request from Elaine Vanderhelm, American Land Trust, Inc. and Richard
Vest for Block 29, City of Okeechobee Subdivision - City Clerk (E-10)
12. Motion to approve a partial pay request to CenState Contractors, Inc. in the amount of $46,235.87
• City Administrator (E-11)
13. a. Motion to remove from the table the Director of Public Utilities position
b. Discuss the Director of Public Utilities position - Mayor Kirk
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 PROCEEDINGS IS MAKE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS BASED
(October 20, 1993, thru May 20 wealth Boukvard, M.S. 630, Tally
NOTICE OF ZONING (PERMITTED 'USE) CHANGE
The City of Okeechobee proposes to change the permitted use of the
land within the area show on the map in this advertisement. A public
hearing on the changes in permitted use will be held on Tuesday, May
3, 1994 at 7:00 p.m. at Municipal Centre Chambers, Rm 200, 55 SE 3rd
Ave., Okeechobee, FL 34974. - %
Any person who decides to appeal any decision of the City Council with
respect to any matter considered at this meeting will need a record of
the proceedings, and for such purpose, may need to ensure that a ver-
batim record of the proceedings is made, which record includes the tes-
timony and evidence upon which the appeal is to be based..
%1*0
�--L11EGEND
u
Shale FsAy
RM
WN-Femly
Commercial
Industrial
Pak Fac itles
•
fistorlc Sites
FUTURE LAID USE: 2000
CITY OF OKEECHOBEE
w� �/�• F�..I q sM IYiM...N. wrw, M
�tiMlor a_R�r.e3s-
•
• E -'
ORDINANCE NO. 668
AN ORDINANCE ADOPTING CITY OF OKEECHOBEE WATER AND
WASTEWATER DESIGN AND EWPROVEMENT STANDARDS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS Chapter 163 F.S. requires local governments to adopt local regulations that
Implement adopted Comprehensive Growth Management Plans;
WHEREAS The City of Okeechobee has adopted a Comprehensive Growth Management
Plan in accordance with Chapter 163 F.S. entitled City of Okeechobee Comprehensive Plan;
and
WHEREAS The attached standards to be adopted by reference partially fulfill the Chapter
163 F.S. requirements to adopt local regulations and standards consistent with and
implementing the City of Okeechobee Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA, in regular session as follows:
Section 1- In the "Code of Ordinance, City of Okeechobee, Florida, General Ordinances of
The City" the following sections shall be repeated:
a. - Section 7.2 Provisions for Fire Hydrants within the City Fire District.
b. - Section 18-35 Backflow Prevention Devices Required; all cross -connections
prohibited.
c. - Section 18-37 Extension of Water System.
d. - Section 1840 Installation of New Fire Hydrants
e. - Section 18-61(e) Extension of Public Sewers.
f. - Section 18-62 Private Sewage Disposal
Section 2 - The attached document entitled "City of Okeechobee, Florida Unified Land
Development Code, Water and Wastewater Design and Improvement Standards" Sections
2.00.00 through 2.01.03 (hereinafter referred to as the standards) is hereby made part of
this ordinance and adopted by reference.
Section 3 - Severability Clause: Should any provision or section of this ordinance or the
standards adopted by reference and attached to this ordinance be held by a court of
competent jurisdiction to be unconstitutional and invalid, such decision shall not affect the
validity of this ordinance or the standards as a whole, or any part thereof, other than the
part so declared to be unconstitutional or invalid.
Section 4 - All other ordinances or parts of ordinances in conflict with this ordinance or the
standards adopted by reference are hereby repealed.
Section 5 - This ordinance shall take effect upon adoption by the City Council.
Introduced for first reading and set for final public hearing this 3rd day of May. 1994.
James E. Kirk, Mayor
ATTEST:
Bonnie S. Thomas, CMC
City Clerk
Passed and adopted on second reading and final public hearing this 17th day of Mav,
1994.
James E. Kirk, Mayor
ATTEST:
Bonnie S. Thomas, CMC
City Clerk
ORDINANCE NO. 669
AN ORDINANCE ADOPTING CITY OF OKEECHOBEE SUBDIVISION
REGULATIONS AND SUBDIVISION DESIGN STANDARDS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS Chapter 163 F.S. requires local governments to adopt local regulations that
implement adopted Comprehensive Growth Management Plans;
WHEREAS The City of Okeechobee has adopted a Comprehensive Growth Management
Plan in accordance with Chapter 163 F.S.entitled City of Okeechobee Comprehensive Plan;
and
WHEREAS The attached standards to be adopted by reference partially fulfill the Chapter
163 F.S. requirements to adopt local regulations and standards consistent with implementing
the City of Okeechobee Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA, in regular session as follows:
Section 1 - In the "Code of Ordinance, City of Okeechobee, Florida, General Ordinances
of the City" Chapter 14 - SUBDIVISIONS shall be repealed:
Section 2 - Ordinance Number 398 and Ordinance Number 580 shall be repealed.
Section 3 - The attached document entitled "City of Okeechobee, Florida Unified Land
Development Code, Subdivision Regulations and Standards for Design Construction and
Maintenance of City Streets" Sections 3.00.00 through 3.10.03 (hereinafter referred to as the
regulation) is hereby made part of this ordinance and adopted by reference.
Section 4 - Severability Clause: Should any provision or section of this ordinance or the
regulations adopted by reference and attached to this ordinance be held by a court of
competent jurisdiction to be unconstitutional and invalid, such decision shall not affect the
validity of this ordinance of the regulations as a whole, or any part thereof, other than the
part so declared to be unconstitutional or invalid.
Section 4 - All other ordinances or parts of ordinances in conflict with this ordinance or the
regulations adopted by reference are hereby repealed.
•
•
Section 5 - This ordinance shall take effect upon adoption by the City Council.
Introduced for first reading and set for final public hearing this 3rd day of May. 1994.
James E. Kirk, Mayor
ATTEST:
Bonnie S. Thomas, CMC
City Clerk
Passed and adopted on second reading and final public hearing this 17th day of May,
1994.
James E. Kirk, Mayor
ATTEST:
Bonnie S. Thomas, CMC
City Clerk
6* /G 14y�'
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Knepper&willard i; C.
April 18, 1994
Honorable Mayor and City Council
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, FL 34974-2932
Re: Old Wastewater Treatment Plant Demolition, PU-02-00-02-94
K&W Project No. 7220-93
Gentlemen:
On April 7,1994, bids were received and opened for the referenced project. A total of six bids were submitted,
one of which was subsequently withdrawn. Enclosed is a bid tabulation of the other five (5) bids. The low
responsive bidder is Kimmins Contracting Corporation in the amount of Seventy -Three Thousand, Fifty Dollars
($73,050.00). Second low bidder is Phoenix Wrecking Corporation in the amount of Eighty -Four Thousand,
Seven Hundred -Sixty Dollars ($84,760.00).
Kimmons Contracting Corporation is experienced in providing demolition services, and it is my professional
opinion that they are qualififed to perform this project. Kimmins Contracting Corporation is currently under
contract with the City to demolish an elevated wager tank. Further, they successfully demolished an existing
wastewater treatment plant in Hillsborough County, for which Knepper & Willard, Inc, was the engineer. Work
on that project was satisfactory. We understand from Reese, Macon and Associates that Kimmins' work on the
demolition of the existing City tank has also been satisfactory.
Therefore, we recommend that the contract for the demolition of the Old Wastewater Treatment Plant be
awarded to Kimmins Contracting Corporation in the amount of Seventy -Three Thousand, Fifty Dollars
($73,050.00).
Very truly yours,
Daniel S. Willard, P.E.
President/Principal Engineer
Pm
�1. Rcckv =:inr Crke VVes- "illsborcugn ; ?13) 281-0120
-u+re t85 ?inellcs ;813) 821-3291
icmcc. Flcndc 33c07-905 FAX ;913` 281-1156
BID TABULATION
OLD WWTP DEMOLITION
City of Okeechobee
PU-02-00-02-94
Bid Date: April 7, 1994
3:00 P.M. local)
BIDDER
MOBILIZATION/
DEMOBILIZATION
DEMOLITION
INDEMNIFICATION TOTAL
Kimmins Contracting Corp.
$7,500.00
$65,540.00
$10.00
$73,050.00
Phoenix Wrecking Corp.
$7,500.00
$77,250.00
$10.00
$84,760.00
Frederico Equipment Co.
$15,000.00
$111,390.00
$10.00
$126,400.00
Rocky -A -Way, Inc.
$3,575.00
$153,604.90
$10.00
$157,189.90
CenState Contractors, Inc.
$20,000.00
$170,000.00
$10.00
$190,010.00
This is to certify that the above is a true and correct tabulation of sealed bids received and publicly read aloud
at City Hall, 55 S.E. Third Avenue, Okeechobee, Florida for the City of Okeechobee at 3:00 p.m. (local time),
April 7, 1994.
KNEPPER & WILLARD, INC
Engin
Daniel S. Willard, P.E., License No. 20597
211-11
Date
Knepper&Willard, inc.
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APPLIC.- X'ION FOR PAYMENT 'INO. 4
TO ITY Of OKEECH08EE
kki Ty IN CIXV
Contract for SIDEWALK IMPROVEMENTS, PHASE 2
OWNER's Contract No. P'W-01-00-02-93 ENGINEER'S Project No. 72.18.93
For Work accomplished through the date of April 28. 1994
ITEM
CON T RACTOR's
Schedule
of Values
Work Completed
Unit Price
Quantity
Amount
Quantity
Amount
I. Sidewalk
$ 19.49
1400 S.Y.
$ 27,286.00
1220.889 S.Y.
23,795.12
2. Site Restoration
5,900.00
LUMP SUM
51900.00
158.39%
9,344.87
3. Sidewalk
Z1.49
790 S.Y.
16,977.10
591.11 S.Y.
12,702.96
Total-tOri4'1nal �Coritractj
S 50,163.10
13;872.00
S 46,482.94
1Z',454.11
C.O. No., 1 SW 15th St.
C.O.
19.49
711.749
639.0 S.Y..
No. 2 SW 7th Ave.:
Sidewalk •
Site Restoration
19.49
7,668.69
1584.44 S.Y.
LUMP SUM
30,880.74
807.56 S.Y.'
15,739.26
Total Contract with
I
7,668.69
�._`
266.61 S.Y.I
1,290.67
Change Orders
$102,584.53 (
t
Accompanying Documentation: ( GROSS AMOUNT DUE .............. $ 75,326.98
LESS 10 % RETAINAGE .`..... $ 1, To2.99
AMOUNT DUE TO DATE ............ $ 73,623.99
LESS PREVIOUS PAYMENTS ............ 8,297.05
AMOUNT DUE THIS APPLICATION .... $ 5,326.94
" On Change Order No. .2 amount only.
CONTRACTOR'S Certification:
The undersigned CONTRACTOR certifies that: (I) all previous progress payments received from OWNER on
account of Work done under the Contract referred to above have been applied to discharge in fitil all obligations
Of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered I
through inclusive; (2) title to all Work, materials ;Ind equipment incorporated in said
Work or otherwise listed it) or covered by this Application for Payment will pass to OWNER at time of payment
free and clear of all liens, claims, secutity interest and encumbrinces (except such AS are covered by Bond
acceptable to OWNER indemnifying OWNER against any such lien, claim, security interest'or encumbrance);
and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not
clejecrive as that term is defined in the Confrnct Documents. R.P. HAMBY, INC.
7256—A WESTPORT PLACE. -
Dated 19 WEST PALM BEACH, FL..'33k�t3'''
n CONTRACTO
/ R
• -
By
Knauer &WIC I1ASnt;ttircj-.
.
Payment of the above/AMOUNT DUE THIS APPLIQ'NlR �FWM �n
Dated r• / 4'7 , 19 Q¢'
'INFER
B y V���C�"'!
EJCDC No. 1910-8.E (1990 Edition) (Authorized Signature)
Prepared by the Engineers Joint Contract Document+ Comnliuee and endorsed by The Associated GcnG,hl Coat,odor-s of America.
FORM 723-36 •
1-83
PAGE 1 OF 1
0 E-9
State of Florida Department of Transportation
Division of Preconstruction & Design
CITY RESOLUTION
UTILITY INDEMNIFICATION AGREEMENT
COUNTY
SECTION
UTILITY JOB NO.
STATE RD. NO.
COUNTY NAME
PARCEL & R/W JOB NO.
91
070
6516
70
Okeechobee
1 N/A
A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR THE ADJUSTMENT, CHANGE OR
RELOCATION OF CERTAIN UTILITIES WITHIN THE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED, AND
PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT.
RESOLUTION NO. 94-13
ON MOTION OF XrX9trRrR&VR t1t1A4tr( (Councilman) , seconded by
5i�kr3iii5iQ4��F (Councilman) the following Resolution was
adopted:
WHEREAS, the State of Florida Department of Transportation has located and proposes to
construct or reconstruct a part of State Road 70 ,
AND WHEREAS, in order for the State of Florida Department of Transportation to further
and complete said project, it is necessary that certain utilities and/or facilities within
the Right -of -Way limits of said State Road 70 , be adjusted, changed or
relocated,
AND WHEREAS, the State of Florida Department of Transportation having requested the
City of Okeechobee , Florida, to execute and deliver to the State of Florida
Department of Transportation a Utilities Agreement, agreeing to make or cause to be made such
adjustments, changes or relocations of said utilities and/or facilities as set out in said
Agreement, and said request having been duly considered,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Okeechobee , Florida, that the Mayor and ClerkLJ3ktj&k4jjjjgflM&be and they
are hereby authorized and directed to make, execute and deliver to the State of Florida
Department of Transportation a Utilities Agreement for the adjustment, change or relocation
of certain utilities within the Right of Way limits of said State Road 70
Section 070 ;
BE .IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the
State of Florida Department of Transportation at Tallahassee, Florida.
CITY OF Okeechobee
COUNTY OF Okeechobpe
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution adopted
by the City Council of the City of Okeechobee , Florida
at a meeting of said City Council held on this 3 day of
Mai , A . D . 1 9� --4
WITNESS my hand and seal on t s day of
A.D. 19
BY:
(SEAL) Clerk 49 tyxN ammynxt of the City of
Okeechobee Florida
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CITY OF OKEECHOBEE
MEMORANDUM
TO: Mayor and Council DATE: April 29, 1994
THRU: SUBJECT: Director of
Public Utilities
THRU:
FROM: John J. Drago, City Administrato
Enclosed are two letters that were sent requesting personnel files for Mr. Gilbert Sowders.
I phoned both Governments and they acknowledged receiving our request. The
personnel files are in a separate building and they were planning to send someone to
retrieve the files, copy them and mail them to us. As of this date, we have not received
them. If they are received before the Council Meeting, I will have them delivered to you.
Please bring Mr. Jones and Mr. Bakers personnel files that I gave you at the April 19th
Council Meeting.
enclosures
,1 _� of. OKflcMO�Z
City of Okeechobee
55 S.E. Third Avenue • Okeechobee, Florida 34974-29329813/763-3372
April 20, 1994
George Bradey,
Director of Human Resources
Lee County Utilities
P.O. Box 398
Ft. Myers, FL 33902
Dear Sir or Madam:
The following request is pursuant to Chapter 119 of the Florida Statues regarding
public records. The City of Okeechobee would like to receive all the documents in
the personnel files of Mr. Gilbert M. Sowders (May, 1975 to June,' 1976).
Mr. Sowders has applied for a position in the City and the requests is to complete a
work background check.
Sincerely,
X/jh. Drago
dministrator
/dev
• i�of oKE��h .
V ` OVA
lot City of Okeechobee
65 S.E. Third Avenue • Okeechobee, Florida 34974-2932.813/763-3372
April 20, 1994
Mr. Thomas C. Whitecotton
Human Resources Director
Collier County Govemment
Human Resources Department
Administration Bldg., 5th Floor
3301 E. Tamiami Trail
Naples, FL 33962
Dear Mr. Whitecottom:
The following request is pursuant to Chapter 119 of the Florida Statues regarding
public records. The City of Okeechobee would like to receive all'the documents in
the personnel files of Mr. Gilbert M. Sowders (July, 1986 to January, 1987). This is
to include all documents In the personnel files that the County aquired from the
purchase of the East Naples Water Systems, Inc.
Mr. Sowders has applied for a position in the City and the request is to complete a
work background check.
/dev
its
Oil
Ai