EmailLane Gamiotea
From: Lane Gamiotea
Sent: Thursday, February 27, 2020 4:56 PM
To: Patty Burnette; India Riedel; David Allen; Marcos Montes De Oca
Cc: Robin Brock; Kay Matchett; Bobbie Jenkins; J.J. Smith
Subject: RE: OKEECHOBEE CITY OF - 7288692
Here is what we have on file in our office, please let me know if you can provide any missing
documents, or have more recent information:
Item 1 (NW 9th AVE RR crossing maintenance of the roadway/tracks)
The initial email was sent to Kay and I regarding the outstanding invoice of $62,042.33 for repairs to
railroad crossings (location is not provided) — see email thread below.
This issue was on the Nov. 27, 2018 agenda and withdrawn.
It was also on the Mar. 7, 2017 agenda with a copy of the 1992 agreement the city entered into for
repairs at NW 9th AVE. In 2015 CSX billed the city $38,000.00 for repairs to this crossing. The
ACTION at this meeting was to terminate the 1992 agreement & refuse to pay the invoiced amount as
CSX did not follow the instructions per the 1992 agreement nor did they use the proper materials per
the agreement when they fixed the crossing in 2015. 1 have several emails from 2017 to 2018
requesting a copy of the notice the city sent to CSX to notify them of the termination, & do not have
any document to date except for a letter from Cook to CSX dated A13r. 27, 2015 where he told them of
his plan to recommend the issue go on the agenda for the city council to rescind the 1992 agreement
and present the request for the $38,000.00 to see what the council would decide. Was an email or
correspondence provided to CSX after this issue was withdrawn from the Nov. 27, 2018 agenda?
Marcos/David, should any of this be provided to the new attorney? If not, whomever replies from the
City, kindly provide a copy to my office for the file/record.
Item 2 (NW 9th AVE RR signs & markings)
Nov. 29, 2000 letter from FDOT Rail Administrator explaining they are recommending CSX update
the existing signs with new flashing lights & gates at NW 9th AVE, with the city constructing a concrete
curb, the city would be required to assume 50% of the annual maintenance cost of the devices,
$1,549.00/yr. On Jan. 16, 2001 the council authorized FDOT Rail Administrator to prepare the
necessary contract for further consideration, does anyone have a copy of this contract? The file has a
letter dated Oct. 9 2003 from FDOT Rail Administrator to D. Robertson explaining that the city agrees
to provide curb & gutter & install proper advance railroad signs and pavement markings once CSX
completes all the signage work. FDOT was responsible for all costs for the RR signal devices as
constructed by CSX; and that the city shall have no future maintenance responsibility for signal
devices, only maintenance for the signs & markings. Then there is a letter from D. Robertson Nov. 12,
2003 to CSX agreeing to these terms.
Item 3 (mowing, trash & weed removal at Site #1 N Parrott AVEI'Hwy 441 @train station; Site #2
Up -Town Track [NW 7th AVE from NW 7th ST to North Park ST]; Site #3 NW 9th AVE crossing
[200 -ft out from edge of crossing])
Mar 2, 1995 the city entered into a contract to mow & clean the RR IR -O -W at these sites for $4600.00
per year. Mar 1, 2002 was increased to $5,200.00/yr. Last correspondence was on Jul 20, 2004, the
city was notified that that current contract would be cancelled Dec. 31, 2004 and a new agreement
will have to be negotiated for 2005 and beyond. Does anyone have a current contract?
If anyone needs copies of these records let us know.
Robin, the above information includes any records from the black filing cabinet.
Thank You.
lffl-s Za&e, E���s �a ;o a, CIV
City Clerk/Personnel Administrator
City of Okeechobee
55 SE 31 Avenue, Room 100, Okeechobee, FL 34974
Office: 863.763.3372 ext. 9814, Fax: 863.763.1686, Cell: 863.697-0345
Under Florida law, email addresses are public records. If you do not want your email address released in
response to a public records request, do not send electron mail to this entity. Instead, contact this office by
phone or in writing, Florida Statute 668.6076.
CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law.
Most written communications to or from local officials regarding city business are public records available to
the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may
therefore be subject to public disclosure.
From: Patty Burnette<pburnette@cityofokeechobee.com>
Sent: Wednesday, February 26, 2020 12:36 PM
To: Lane Gamiotea<Igamiotea@cityofokeechobee.com>; India Riedel<iriedel@,,-ityofokeechobee.com>; David Allen
<dallen@cityofokeechobee.com>; Marcos Montes De Oca<mmontesdeoca@cityofokeechobee.com>
Cc: Robin Brock <rbrock@cityofok.eechobee.com>; Kay Matchett<kmatchett@cityofokeechobee.com>; Bobbie Jenkins
<bjenkins@cityofokeechobee.com>
Subject: RE: OKEECHOBEE CITY OF - 7288692
Lane the only thing I have is a note from when Brian left to see railroad file for CSX Billing?
Patty M. Burnette
GeneraCServices Coordinator
City of Okeechobee
55 SE 3rdAvenue
Okeechobee, Ef— 34974
Phone: (863) 763-3372 ext. 9820
Direct: (863) 763-9820
Fax: (8 63) 763-1686
e-mail: pbitriletteC,-t)ciLi�otokeecbobee.coiri
J - J
website: www.cityvfvkeecfJobee.cotJt
«sem'
NOTICE: Florida has a very broad public records law. Asa result, any written communication created or received by the City of Okeechobee officials
and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public
records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead,
contact our office by phone or in writing.
From: Lane Gamiotea<Igamiotea@citvofol<eechobee.com>
Sent: Wednesday, February 26, 2020 11:11 AM
To: India Riedel <iriedel@citvofol<eechobee.com>; David Allen <dallen@cityofol<eechobee.com>; Marcos Montes De
Oca < nmontesdeoca@citvofokeechobee.com>
Cc: Robin Brock<rbrocl<@cityofol<eechobee.com>; Kay Matchett <kmatchett@citvofokeechobee.com>; Bobbie Jenkins
<bienl<ins@cityofol<eechobee.com>; Patty Burnette<pburnette@cityofokeechobee.com>
Subject: RE: OKEECHOBEE CITY OF - 7288692
Yes we do/did.
BJ - read all emails below & pull the files we have with them for me to review.
Patty — didn't you have files on this as well?
Ae, za�re CAC
City Clerk/Personnel Administrator
City of Okeechobee
55 SE 3rd Avenue, Room 100, Okeechobee, FL 34974
Office: 863.763.3372 ext. 9814, Fax: 863.763.1686, Cell: 863.697-0345
Under Florida law, email addresses are public records. If you do not want your email address released in
response to a public records request, do not send electron mail to this entity. Instead, contact this office by
phone or in writing, Florida Statute 668.6076.
CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law.
Most written communications to or from local officials regarding city business are public records available to
the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may
therefore be subject to public disclosure.
From: India Riedel <iriedel@cityofol<eechobee.com>
Sent: Wednesday, February 26, 2020 10:28 AM
To: David Allen <dallen@citvofol<eechobee.com>; Marcos Montes De Oca <mmontesdeoca cityofokeechobee.com>;
Lane Gamiotea<Igamiotea@cityofol<eechobee.com>
Cc: Robin Brock <rbrocl<@citvofokeechobee.com>; Kay Matchett<I<matchett@ciltyofol<eechobee.com>; India Riedel
<irieciel@cityofol<eechobee.com>
Subject: RE: OKEECHOBEE CITY OF - 7288692
Marcos,
Years ago we did receive dollars from CSX, last FY was 2005. But I don't see where dollars
were paid out, I do not even have a vendor setup for CSX.
In my failing memory, I believe John Cook addressed something about CSX (not sure what), will
research my files.
Lane, do you have anything?
Thanks
India Riedel
Finance Director
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
Phone: (863) 763-3372
Direct: (863) 763-9818
Fax: (863) 763-1686
NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee
officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are
public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this
office. Instead, contact our office by phone or in writing.
From: Kay Matchett<I<matchett@citvofokeechobee.com>
Sent: Wednesday, February 26, 2020 9:56 AM
To: India Riedel <iriedel@cityofokeechobee.com>
Subject: FW: OKEECHOBEE CITY OF - 7288692
I don't know anything about a contract with CSX.
Thank you
Melide
FLORIDA - Founded 1915
Y\gy Matchett
Administrative Secretary
PLblic Vlblics
City d a<eedxbee
Mailing Address: 55 SE 3rd Avenue, Okeechobee FL 34974
Physical Address: 500 NW 11th Avenue, Okeechobee FL 34972
Phone: (863) 763-3926 ext. 9791
Direct: (863) 763-9791
kmatchett@cityofokeechobee.com
www.cityofokeechobee.com
N( I I[( I, llu::o 1 110111l:1 hn'.i.l huhhl ILI"' ilii.::u.iil m:n he ;ul,1111 to ducl—ui�
PUBLIC RECORDS NOTICE Under Florida law email addresses are public records- If you do not want your email address released in response to a public records request
do riot send electronic mail to this entity Instead contact this office by phone or in writing Florida Statute 668 6076
CITY OF OKEECHOBEE E-MAIL DISCLAIMER- Florida has a very broad public records law. Most written communications to or from local officials regarding city business are
public records available to the public and media upon request Your e-mail communications may therefore be subject to public disclosure
4
From: Payne, Omar <Omar Payne@csx.com>
Sent: Wednesday, February 26, 2020 9:47 AM
To: Kay Matchett<kmatchett(@cityofokeechobee.com>; Lane Gamiotea<Igamietea_@cityofokeechobee.com>
Subject: OKEECHOBEE CITY OF - 7288692
Transaction Original A.rnount ' Remaining Amount ' 'Days Late I Due hate ® Purchase Order
Every year CSX develops a plan to conduct resurfacing activities on Road Crossings on portions of the network
in areas needing the most attention. This means crossings will typically get resurfaced every 5-7 years unless
the local traffic demands require more frequent resurfacing. The invoice -you received was actual cost for the
resurfacing of the road(s) and based on the agreement obligations, CSX billed the portion that you are
responsible for per terms of the agreement.
CSX has maintained these crossings wholly at our expense, despite the fact that a contract exist that calls for
cost sharing in these expenses. CSX can no longer absorb the costs associated with this maintenance. We are
not back billing the cost, but rather billing for the cost of the most recent resurfacing. The resurfacing and
maintenance of the crossing is necessary for the safety of railroad employees and the public that uses the
crossing. On shared crossing, CSX is only responsible for 2 feet outside the rails.
• Per the terms of the agreement, some labor, asphalt and road signs charges are billable to the crossing
owner 2ft outside the ties
• Normally we pave further than 2 feet, to avoid large humps.
We have payment options to help with any and all budgeting issues.
A.) Amend the agreement to bill an annualized replacement fee
B.) Re -bill during your next fiscal year after its been added to you budget
Please contact me with payment status.
Omar Payne — Accounts Receivable Analyst
CSX Transportation Inc. - 500 Water Street J686 - 8th Floor
Jacksonville, FL 32202
Office 904-279-6322 - Email Omar PayneLcsx.com