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NW 9th Ave Upgrades & Repairs #628055-BLane 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 This issue was on the Nov. 27, 2018 agenda and withdrawn.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 Was an email or correspondence provided to CSX after this issue was withdrawn from the Nov. 27, 2018 agenda?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 AGENDA VIII. MEW BUSINESS CONTINUED H. Motion to adopt proposed Resolution No. 2018-09, accepting the 2018 General Election Results for three City Council seats all the uncontested City Clerk position continued. I. Motion to adopt proposed Resolution No. 2018-10, revising the Fire Department Fee Schedule - City Attorney (Exhibit 8). J. Motion to revoke a railroad crossing agreement with CSX Transportation - City Attorney (Exhibit 9). NOVEMBER 27, 2018 - REGULAR MEETING - PAGE 9 OF 13 401 COUNCIL ACTION - DISCUSSION - VOTE Name of Candidate Qualified for City Council: Votes by Precinct (No. 6): Votes By Mail: Early Voting: Provisional Ballots: TOTAL VOTES: PERCENTAGE: Bob Jarriel 276 164 303 0 743 23.82% Bobby Keefe 335 144 341 0 820 26.29% VOTE: Gary Dowling R. Ritter Watford, Jr. 257 323 138 189 306 343 0 0 701 855 22.48% 27.41 % WATFORD — YEA CLARK — YEA ABNEY — YEA RITTER — YEA CHANDLER — YEA MOTION CARRIED. Council Member Clark moved to adopt proposed Resolution No. 2018-10, revising the Fire Department Fee Schedule; seconded by Council Member Ritter. Attorney Cook read proposed Resolution No. 2018-10 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING RESOLUTION NO. 09-06, APPENDIX G, TABLE 2, OF THE CODE OF ORDINANCES, WHICH ADOPTS AND ESTABLISHES THE SCHEDULE OF FEES NECESSARY FOR INSPECTION AND ENFORCEMENT OF FIRE SAFETY CODES; PROVISION OF FIRE AND RESCUE SERVICES; AND SUCH OTHER SERVICES AND FEES AS MAYBE IMPOSED BY THE FIRE CHIEF AS LOCAL FIRE MARSHALL IN CODE OF ORDINANCES SECTION 34-32; AND AS HEREAFTER AMENDED, AND PROVIDING FOR AMENDMENT OF FEE SCHEDULE BY RESOLUTION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Administrator MontesDeOca explained Chief Smith was tasked to compare the current Fire Department Fee Schedule to surrounding communities, and amend these fees as necessary. The fees currently in place were originally adopted in 2009. He added the Business Tax Receipt Fees included in Table 2 were not amended. VOTE: WATFORD — YEA CLARK — YEA This item was withdrawn from the agenda. ABNEY — YEA RITTER — YEA CHANDLER — YEA MOTION CARRIED. CSX Now tomorrow moves J •• ••'° Ray Magruder Sr. Manager — Contract Mgmt October 29, 2018 OKEECHOBEE CITY OF 55 S.E. THIRD AVENUE OKEECHOBEE, FL 34974 Dear Sir/Madam: Exhibit 9 Nov 217, 2018 Wai CSX Transpi r'tation,'[nc: " r 500 Water St, J180 Jacksonville, FL 32202 CSX strives to be a responsible corporate citizen and safety partner in the cities, counties and states through which it operates. Part of our responsibility and top priority is the necessary maintenance work that takes places at the grade crossings, which serve the purpose of allowing vehicular traffic to transverse our tracks. With over 15,000 public grade crossings across our network, it is difficult to complete these projects without your support. We value our partnership with you and your department's hard work to keep the public safe. For some time, we have maintained these crossings wholly at our expense, despite the fact that a contract exists with your city / county / state that calls for cost sharing in these expenses. We realize this road crossing agreement may have gone without execution. Beginning in 2018, we will seek payment for the costs associated with the grade crossings that are covered by such an agreement. We understand that these costs are likely not included in your city's / county's / state's budget, and therefore, want to work with you to ensure a smooth transition and give you time to make adjustments. Due to the cost, we can also work with you to avoid multiple invoices by setting up a monthly payment plan. In addition, we offer a payment process that can assist you with future budget planning which would consists of an annual payment and will cover every grade crossing maintenance project necessary for your city / county / state. Please don't hesitate to contact us at: GB Accounts Receivable@csx.com or 904-279-6988 Thank you for your understanding and cooperation. Sincerely, Ray Magruder "Now Tomorrow Moves" CSX Transportation, Inc. — 500 Water Street, J180, Jacksonville, Florida 32202 MARCH 7, 2017 - REGULAR MEETING - PAGE 4 OF 5 115 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. NEW BUSINESS CONTINUED A.2.c) Vote on motion. B. Motion to appoint Mr. Cesar Romero as an Alternate for the Police Department to the City's Grievance Committee, replacing Mr. Danny Green with term being March 8, 2017, through January 31, 2018 - City Clerk. C. Consider a Temporary Street Closing Application submitted by Okeechobee Main Street to close Southwest 2nd 3rd, and 4th Avenues between Northwest and Southwest Park Streets on March 10, 2017, at 5 P.M. through March 12, 2017, at 3 P.M. for the Annual Speckled Perch Festival - City Administrator (Exhibit 2). D. Motion to terminate CSX Transportation, Inc. Crossing Maintenance Agreement - City Attorney (Exhibit 3). VOTE: WATFORD - YEA O'CONNOR - YEA CHANDLER - YEA RITTER - ABSENT CLARK - YEA MOTION CARRIED. Council Member O'Connor moved to appoint Mr. Cesar Romero as an Alternate for the Police Department to the City's Grievance Committee, replacing Mr. Danny Green, with his term being March 8, 2017, through January 31, 2018; seconded by Council Member Chandler. There was no discussion on this item. VOTE: WATFORD - YEA O'CONNOR - YEA CHANDLER - YEA CLARK - YEA RITTER - ABSENT MOTION CARRIED. Council Member Chandler moved to approve a Temporary Street Closing Application submitted by Okeechobee Main Street, temporarily closing a portion of Southwest 2nd, 3rd, and 4th Avenues between North and South Park Streets from 5:00 P.M. Friday, March 10, 2017, to 3:00 P.M. Sunday, March 12, 2017, for the Speckled Perch Festival; seconded by Council Member O'Connor. VOTE: WATFORD - YEA O'CONNOR - YEA CHANDLER - YEA CLARK - YEA RITTER - ABSENT MOTION CARRIED. Motion and second by Council Members O'Connor and Chandler to terminate the (January 21, 1992) CSX Transportation, Inc. Crossing Maintenance Agreement (for Northwest 9th Avenue, U.S. DOT /AAR 628055 -B). Attorney Cook explained the executed Agreement was to replace and maintain the railroad crossing due to extreme roughness. Section One provides the initial terms of the Agreement and reads as follows: "Railroad shall provide track materials, labor and equipment necessary for removing the existing grade crossing surface and installing new full depth rubber crossing surface material and any track rehabilitation required at the aforesaid location. City shall provide for full depth rubber crossing material, barricades and resurfacing of approaches to said crossing. " The City paid $16,000.00 to CSX at the time of execution. Recently, the City received an invoice for $38,000.00 + /- from CSX to recoup the costs of the crossing replacement that occurred in 2015. Section four of the Agreement provides terms on replacement procedures and reads as follows: "After the full depth rubber crossing surface material has been installed at subject locations, it shall hereafter be maintained in good condition by the Railroad through the useful life of such crossing surface material, and when it becomes necessary to replace or rebuild the crossing surface, Railroad will replace and maintain the crossing surface, but at the expense of the City. The City will instruct the Railroad what type of crossing surface material is to be installed upon future reconstruction. 116 AGENDA VII. NEW BUSINESS CONTINUED D. Motion to terminate CSX Transportation, Inc. Crossing Maintenance Agreement continued. ITEM ADDED TO AGENDA: E. Motion to ratify a Florida Department of Law Enforcement Grant Application No. 2017 - JAGD - OKEE -1 -F8 -069; and accept the award in the amount of $1,952.00 for the Okeechobee City Police Department Community Policing Project - City Clerk (Exhibit 4). VIII. ADJOURNMENT - Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: Lane Ga iotea, CMC City Clerk Dowling R. . •rd, Jr., Mayor MARCH 7, 2017 - REGULAR MEETING - PAGE 5 OF 5 COUNCIL ACTION - DISCUSSION - VOTE In the event funds are made available by Federal or State laws or regulations for the purpose of assuming, in whole or in part, the expense of maintaining grade crossing surfaces, nothing herein shall continue to obligate the Railroad to bear such expense to the extent that such public funds are made available for such purposes." Timber was used instead of rubber causing the crossing to become rough again, and to the City's knowledge, no input was asked for or given regarding the type of crossing surface material to be installed. Attorney Cook has written to CSX informing them the City will not pay the invoice due to their failure to comply with Section Four of the Agreement. He is recommending termination due to this fact. VOTE: WATFORD — YEA O'CONNOR — YEA CHANDLER — YEA CLARK — YEA RITTER — ABSENT MOTION CARRIED. Council Member O'Connor moved to ratify a Florida Department of Law Enforcement Grant Application No. 2017 - JAGD - OKEE -1 -F8 -069; and accept the award in the amount of $1,952.00 for the Okeechobee City Police Department Community Policing Project; seconded by Council Member Chandler. Officer Ziegler applied for this Grant to receive funds to purchase one soft shell canopy imprinted with the City Police Badge, two folding tables, eight folding chairs, one table throw, and one literature stand to be used for the Community Outreach Program. VOTE: WATFORD — YEA O'CONNOR — YEA CHANDLER — YEA CLARK — YEA RITTER — ABSENT MOTION CARRIED. There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 6:34 P.M. The next regular scheduled meeting is March 21, 2017. 6/2/15 Activity Rpt Cont'd**• • Playground proposal for Park 6 — I sent an email to J D Mixon last Tuesday, 5/26/15, indicating that we need to start working on a site plan which might include additional room for benches /landscaping and a parking plan...but haven't heard anything back. • FEMA flood map (FIRM) and required Code changes. Floodplain Management (FM) ordinance 2" rdg last scheduled for 6/16/15 and then to be submitted to FL Dept of Emergency Management (DEM). • Legislative issues — Extended session is scheduled for June 1 — June 20. City Atty: • Potential downtown parking lot, SW Park & SW 4 Av — At the May 19th meeting Atty cook was authorized to meet w/ Haines & Susan Williams to make an offer based on D R Willson Land Co, 455 Hwy 441 SE, submitted commercial appraisal for the parcel at the market value of $43,000. •' Railroad xinq improvement at NW 9th Av City invoiced — Atty Cook's 4/27/15 letter about why the City is refusing to pay for the railroad crossing at NW 9th Av & 9th St drew a call from CSX who implied that the matter is negotiable (this Friday, 5/15/15 at noon)... (Translation: they still expect the city to pay something). Atty Cook rec'd a 3/10/15 CSX response to his inquiry about the new RR crossing at NW 9th Av and the price tag - $38,000 + /- (100% City payable). John and 1 have discussed what might separate the City from the commitment is that in '92 the City was looking for a smoother surface and perhaps agreed to pay a premium for that, hence the "rubber" surface. CSX did not reinstall a rubber surface at the location this time. They refer to a 1992 Agreement and a $16k submittal by the City in 1992 as evidence of the City's commitment. The only commitment we are able to get out of CSX is that they expect the cost to be less than the estimate and that they would be willing to stretch the $39k over several months. City Clerk: • Centennial Celebration — Voting Members: Magi Cable, Jeanne Enfinger Sharie Turgeon, John Williams Dawn Hoover, Vice Chair J.D. Mixon, Chair Antoinette Rodriguez - (Resigning - n Advisory Members: Justin Domer Katrina Elsken Donna Gaiser Susan Giddings o longer Chamber of Commerce affiliated) Staff: Brian Whitehall, City Administrator David Allen, Public Works Director Lane Gamiotea, City Clerk General Services / Planning Board: • Planning Bd — May 21 meeting- The Historic preservation ordinance was quickly reviewed but has been rescheduled for review at the next meeting. Finance: • Auditors fye 9/30/14 financial report on Agenda. Just had a post -audit exit interview last week and the hard copies should be enclosed in the packet. Page 4 5/5/15 Activity Rpt Cont'd • Downtown destination ideas — Met Thurs., 4/16/15 w/ Main Street reps to discuss potential City involvement in Main St initiatives. Sharie Turgeon is on the Agenda..see Exhibit Power Point incl CRA initiation. • Agenda item - Traffic / speeding on SE 6th Av, potential installation of speed bump on SE 6th Av- see 4/27/15 email - It's become apparent that much traffic is avoiding the intersect'n project by leaving 441 N on SE 4th St to SE 6th Av and then exiting on SR 70 E. As part of that traffic flow the neighborhood is experiencing not just significant numbers but also traveling in excess of the speed limit. The City has no other area where traffic calming speed bumps are used (not rumble strips). Prior to considering that measure, whether permanent or temporary, I'm soliciting some input from you on the matter. For the time being, PD is patrolling the area. • Legislative issues — Rec'd this from Dale Milita, CAS Gov Services: Just a note to update you a bit on information you've probably heard from a half dozen other ources. There are NO solutions yet as to what happens this Friday (5/1/15 propo ed end of session) evening (UPDATE — House abruptly adjourned the session Tue., pr 28), the main thing is there will be NO budget and the other is whether or not the L gislature will adjourn or extend. Right now, there is no agreement on that. It appea's the House wants to Adjourn and come back in late May or in June in Special Session and the Senate has suggested extending until June 30th to give time to try and solve LIP funding issues. Local projects are all in jeopardy until (if) funding issues come in for a safe landing. I will continue to update as things change. Note: CAS Gov Services added lobbyists Jim Spratt, Joe Spratt, Richard Coates and Noreen Fenner to assist them in Tallahassee. • FDOT Signal Maintenance Agreement — I mentioned in a prior report that FDOT has been attempting to modify their state wide signal maint agreements. We're working on the 3rd draft and it's due back w/ the Sate in July. DPWks Allen has just reviewed the Agreement and provided me with several issues that he sees as important. The latest proposal increases the potential reimbursement to about $16,000. In Aug we rec'd $9000 in reimbursement. For comparative purposes, the City rec'd — 2007 - $7200, 2011 - $8300. City Atty: • Railroad xinq improvement at NW 9th Av City invoiced — PIs see the attached letter Atty Cook authored in response to the CSX 2nd request to pay for refurbishing the RR crossing. Atty Cook rec'd a 3/10/15 CSX response to his inquiry about the new RR crossing at NW 9th Av and the price tag - $38,000 + /- (100% City payable). John and I have discussed what might separate the City from the commitment is that in '92 the City was looking for a smoother surface and perhaps agreed to pay a premium for that, hence the "rubber" surface. CSX did not reinstall a rubber surface at the location this time. They refer to a 1992 Agreement and a $16k submittal by the City in 1992 as evidence of the City's commitment. The only commitment we are able to get out of CSX is that they expect the cost to be less than the estimate and that they would be willing to stretch the $39k over several months. Page 2 City of Okeechobee April 27, 2015 Timothy P. Browning 6737 Southpoint Drive, South] J180 Jacksrnville, Fl. 32216 Re: DOT# 628055B Milepost SX 908.21 City of Okeechobee Mr. &owning: I have been discussing this crossing issue with the city administrator, and your response dated March 10. In particular, the information set forth on page 2 of your letter concurs with my recollection of the original agreement, as I was city attorney in 1992 as well. You state the City originally requested installation of the rubber crossing surface, which is a non - standard replacement for CSX. We made that request since that crossing is the rain thoroughfare for school buses and traffic to and from for an elementary schoo middle school, and to some extent, the high school, and is heavily traveled. As far as our obligations under the 1992 agreement, you state that it " was reasonable for the parties to contract for both the installation and future replacement of this non- standard crossing surface type." While that may be true, the replacement recently installed is timber and asphalt, not the rubber surface, which arguably is now a rougher crossing than the prior rubber crossing you replaced. I plan to recommend to the city administrator that (1) we place the matter on a city council agenda to rescind the 1992 agreement; and (2) present to the council your response which I would hope include some accommodation on your part as to the request for a $38,000.00 crossing for which we did not contract. Kindest Regards, John R. Cook City Attorney Cc: Brian Whitehall 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 4/7/15 Activity Rpt Cont'd • Downtown destination ideas — I sent an email rec'd from Toni Doyle's boutique, 123 SW Park St that had an attachment that I'm enclosing in your Council packets. I think some of the ideas are sound but there's only so much the City can do. We've relaxed the code to allow residence in the CBD, relaxed our interpretation of the parking, allowed more and more intrusion into the sidewalk area, added plants at the islands and are working on the possibility of a small, well landscaped parking area. We plan to start installation of new blue signage in the near future. Much of the "ingredients" rest with the businesses themselves, such as storefront curb appeal. I haven't spoken to Main St/Chamber, but perhaps a positive beginning step might be a session, with them leading the way, on what improvements the City might play a role. Sent the following email: TO: Maureen, Terry & Sharie — There's kind of a renewed interest by the City to become involved in any attempt to rejuvenate the downtown area. While we have experienced significant budget constraints over the last several years, we've seen fit to participate in.some things...such as your 441 landscaping project. I've spoken to a few business owners that feel the City could play a bigger role in making the downtown more attractive to shoppers, etc. The attached main Street flyer has some great ideas, most of which would fall to the shop owner, but still there may be intervention points to discuss with Main St and the Chamber. Having said all that, what do you think of have a get together, perhaps just a few of your Board members or just you folks to brainstorm an approach? Once we get the FDOT improvement mess out of the way, it might be timely to re- examine a plan for the downtown. Let me know what you think. • Legislative session began 3/1/15 — CAS Gov Services has added lobbyists Jim Spratt, Joe Spratt, Richard Coates and Noreen Fenner to assist them in Tallahassee. • Impact fees repeal anticipated schedule: Planning Board — 4/16/15 (advertise 3/29 & 4/8) City Council - 1st rdg — 5/5/15, 2nd and final — 5/19/15 (advertisement 5/15) The City moratorium on fees collection expires 6/30/15, we have no monies left in the Fund. The School District (Nov '14) and the County (Dec '14) adopted ordinances that terminated the impact fee process. • FDOT Signal Maint Agreement — The City rec'd a 3'd rendition of an FDOT Agreement and will be presenting it to the Council in the near future. The City approved the annual Agreement in June 2014. In Oct, we passed a modified Agreement that described the State's and the City's responsibilities more thoroughly...we felt it was not too intrusive. In Aug we rec'd $9000 in reimbursement. For comparative purposes, the City rec'd — 2007 - $7200, 2011 - $8300. City Atty: • Railroad xinq at NW 9th Av — Atty Cook rec'd the attached 3/10/15 CSX response to his inquiry about the new RR crossing at NW 9th Av and the price tag - $38,000 + /- (100% City payable). John and I have discussed what might separate the City from the commitment is that in '92 the City Page 2 4/7/15 Activity Rpt Cont'd (City Atty) Was looking for a smoother surface and perhaps agreed to pay a premium flor that, hence the "rubber" surface. CSX did not reinstall a rubber surface Ot the location this time. They refer to a 1992 Agreement and a $16k submittal y the City in 1992 as evidence of the City's commitment. The only commitment We are able to get out of CSX is that they expect the cost to be less than the estimate and that they would be willing to stretch the $39k over several months. City Clerk: • Centennial Celebration — JD Mixon is on the Agenda. Voting Members: Advisory Members: Staff: agi Cable, Jeanne Enfinger Justin Domer Brian Whitehall, City Administrator harie Turgeon, John Williams Katrina Elsken David Allen, Public Works Director awn Hoover, Vice Chair Donna Gaiser Lane Gamiotea, City Clerk D. Mixon, Chair Susan Giddings ntoinette Rodriguez -(no longer Chamber of Commerce affiliated) • ' inancials — Centennial — India prepared the attached spreadsheets ccounting for the revenue /expenditures to date. Gener I Services / Planning Board: • ctivity report (attached) reflects a bit of a surge in building permit activity Ibeit the O'Reilly's permit was $10k +, by itself. There were 42 permits sued in March, the highest level of activity since July 2012. • •'Reilly Auto Parts — The Site Plan review was May 15, 2014 and the uilding Permit was issued on 3/17/15. The delay was purely due to 'Reilly...nothing to do with the City. • arkinq reduction for lqlesia Bautista La Cosecha (Church), 1007 SW 4th 0 t. — As part of the 3/19/15 TRC, the Church parking reduction was r-commended. Please see the Agenda Exhibit memo, along with plat nd part of the Planner's report. The report indicated 34 paved parking paces are required. The site plan indicated 8 spaces to be paved, but as later modified to 11 spaces (34 X 75 % =26; 34- 26 =8). ill Brisson made a notable at the bottom of his memo that as part of the otion, a stipulation may be added that the City reserves the right to r-quire the applicant to install additional paved spaces in the future for a ariety of reasons. • "lanninq Bd —April 16 meetinq- ursing Home (see above mentioned) Irnpact fee repeal (see above mentioned) ItEMA Flood Plain (see above mentioned) Modili International USA, 1127 SW 12 Av (f /k/a John's Auto) Sp Exc Extension. He has two expiring SE, 14 -003SE — Wholesale/warehouse and 14- 004SE- Mechanic /repair See attached info. Historic Preservation ordinance is outstanding. Page 3 Timothy P. Brojwning Contract Mana4er — Properties Group March 10, 2015 John R. Cook City Attorn y, City of Okeechobee 55 S.E. Thir Avenue Okeechobe , FL 34974 -2903 Re: DO 6280558 NW 9th Avenue Mil post SX 908.21 City f Okeechobee Dear Mr. Ccok: 6737 Southpoint Drive South J180 Jacksonville, FL 32216 904-279-3821 Tim browning@csx.com I am in receipt of your letter in response to my January 7, 2015 email regarding the costs of the NW 9th Avenue crossing rebuild. Your letter raises questions about the obligations of the City and CSX with respect to this project. As y. u describe in your letter, the City and CSX entered into an agreement dated January 21, 1992. The Agreement provided for the installation by CSX of a full depth rubber crossing su ace at NW 9th Avenue at the expense of the City. Section 4 of the Agreement provides th =t: Aft =r the full depth rubber crossing surface material has been installed at the subject loca ions, it shall hereafter be maintained in good condition by the Railroad through the useful life of such crossing surface material, and when it becomes necessary to replace or r build the crossing surface, Railroad will replace and maintain the crossing surface, but :t the expense of the City. The rubber crossing surface has reached the end of its useful life and is in need of replaceme t. The City has a contractual obligation to bear the expense of that replacement. F.S. Sectio 335.141(c) does not take precedence over that obligation, for two reasons. First, the City is assuming that this crossing is not one for which maintenance has been "provided for in another nanner by contractual agreement entered into prior to October 1, 1982." The presence of such an agreement would make the statute inapplicable. Second, and more important!', even if Section 335.141(c) does apply, nothing in the statute prevents parties from entering in o contracts that alter the responsibilities set out in that section. DOT 628055B 2 - March 10, 2015 In 1992, the City requested the installation of a crossing surface which differs from CSX's standard (full depth rubber vs. timber and asphalt). It was reasonable for the parties to contract for both the installation and future replacement of this non - standard crossing surface type. As the time for replacement has now arrived, CSX expects that the City will adhere to its obligations under the agreement. Please feel free to contact me to discuss this matter further. Sincerely, Timothy P. Browning pF pKEF�y �� •��'t:�t;i '.•::;�•'"'per ` m CITY OF OKEECHOBEE 1 o P MEMORANDUM TO: All Departments DATE: THRU: SUBJECT: THRU: FROM: Jim Threewits 4��Ir Program Coordinator February 12, 1992 N.W. 9th Ave. Railroad Crossing Closing I am sad to inform you, but due to C.S.X. scheduling problems the railroad crossing on Northwest 9th Avenue (800 block) will be closed From February 17, 1992 through at least, February 21, 1992. The crossing will probably be closed_ through February 26, 1992 due to final paving of the crossing. My suggestion to you would be, to contacting me at (763-3372) in regards to the crossing being open or closed during the week of February 24, thru February 28, 1992. I can only hope that there are no other delays. Thank you for your patients and cooperation in regards to this matter. CC: All City Departments County School Board - Fax # 763-9339 - Attn: Danny Mullins County Administration - Fax # 763- 9229 - Attn: Dale Malita County Sheriff's Dept. Fax # 763-7157 - Attn: Sheriff Raulerson Okeechobee news o OKEZO A. .0 ••::r::� Vit:..:::,; �� i':m CITY OF OKEECHOBEE OR P MEMORANDUM TO: All Departments THRII: THRII: FROM: Jim Threewits LV Program Coordin for DATE: January 31, 1992 SUBJECT: N.W. 9th Ave. Railroad Crossing Closings This is to inform you that beginning February_4, 1992 through at least February 5, 1992 the railroad crossing on Northwest 9th Avenue (800 block) will be closed to all traffic, due to repair of the tracks. As soon as these needed repairs can be fully completed the roadway will be opened back for traffic. Also, beginning February 10, 1992 throucrh at least February 14, 1992 the same crossing will be closed again due to additional needed repairs. The above dates are anticipated dates, and they may shorten or increased depending on the condition of the crossing. I will endeavor to keep you informed if the dates, do in fact, increase. Thank you for your cooperation, and if you have any questions in regards to this matter, please do not hesitate to contact me. TRANSPORTATION RAIL TRANSPORT GROUP Engineering Department S. K. Kelly Public Projects Engineer January 30, 1992 P.O. Box 45052 Jacksonville, FL 32232-5052 Mr. John Drago City of Okeechobee 55 SE 3RD Avenue Okeechobee, Florida 34974-2932 RE: OKEECHOBEE, OKEECHOBEE COUNTY, FLORIDA NINTH STREET ACCOUNT 70921-184087 U.S.DOT/AAR 628055-B MILEPOST SX -908.20 904/359-1049 This will acknowledge receipt of the agreement dated January 21, 1992 and your January 29, 1992 letter including City Check No. 351, in the amount of $16,000.00 to cover material (including shipping and handling), for renewal of the above referenced crossing surface with a 30FT RUBBER CROSSING SURFACE - 3 TRACKS. The project is being scheduled and all work will be coordinated through your office. Sincerely, % Q Ov-e" Mike Kelly Public Projects E neer CSX Distribution Services, CSX Equipment, CSX Rail Transport and American Commercial Lines are units of CSX Transportation, Inc. and its affiliates. 4W f,,,,... OKffC- City of Okeechobee 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • 813/763-3372 January 24, '1992 Mr. Mike Kelly Public Projects Engineer CSX Transportation Post Office Box 45052 Jacksonville, Florida 32232-5052 Dear Mr. Kelly: Under a separate cover, the City mailed an executed original of your agreement for the Northwest 9th Avenue Railroad Crossing. The enclosed statement needs to be attached to your agreement as an Addendum. If you have any questions, please let me know. JJD/res Sincerely, John J. Drago City Administrator E� �/0* pKEECS 0% Cityof Okeechobee VIII 55 S.E. Third Avenue • Okeechobee, Flcrida 34974-2932 • 813/763-3372 January 22, 1992 Mr. Mike Kelly Public Projects Engineer CSX Transportation Post Office Box 45052 Jacksonville, Florida 32232-5052 RE: Okeechobee, Okeechobee County, Florida Ninth Street U.S. DOT AAR 628055-B Milepost SX -908.20 Dear Mr. Kelly: Pursuant to your directions of January 14, 1992, please find attached a fully executed original contract regarding the repairs to the above railroad crossing. If you should have any questions, please contact me. JJD/res Enclosures Sincerely, John J. Drago City Administrator RWGC-OKEECHOB REVISED 12/91 PAGE 1 OF 2 This Agreement, made and entered into this day of 1992, by and between CSX TRANSPORTATION, INC., a Virginia corporation, hereinafter referred to as the RAILROAD and the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation under the laws of the State of Florida, hereinafter referred to as the CITY; WITNESSETH, THAT: WHEREAS, in the interest of public safety and convenience, the CITY desires and the RAILROAD is willing to install full depth rubber crossing surface material at -the following grade crossing in Okeechobee, Florida: 9TH AVENUE U.S.DOT/AAR 628055-B SX -908.20 1. Railroad shall provide track materials, labor and equipment necessary for removing the existing grade crossing surface and installing new full depth rubber crossing surface material and any track rehabilitation required at the aforesaid location. City shall provide for full depth rubber crossing material, barricades and resurfacing of approaches to said crossing. 2. Simultaneously with the execution of this agreement by the City, the City hereby agrees to deposit with the Railroad the sum of $16,000.00, being the estimated cost of ninety (90) track feet of full depth rubber crossing surface material, including shipping and handling charges (($185.00 - $22.00) x 9011+ shipping and handling]. In the event said deposit is less than the actual cost borne by the Railroad, the City shall also, upon receipt of a bill rendered by the Railroad, promptly pay such additional cost to the Railroad. In the event said deposit is in excess of the actual cost borne by the Railroad, the Railroad shall promptly refund the difference to the City. Railroad account which supports bill rendered shall be kept in such a manner that it can be readily audited by the City and actual cost readily determined. 3. Promptly upon execution of this agreement, and payment of the deposit to the Railroad, the Railroad hereby agrees to proceed with the procurement of necessary materials and to complete the installation of the aforesaid mentioned crossings. 4. After the full depth rubber crossing surface material has been installed at subject locations, it shall hereafter be maintained in good condition by the Railroad through the useful life of such crossing surface material, and when it becomes necessary to replace or rebuild the crossing surface, Railroad will replace and maintain the crossing surface, but at the y e RWGC-OKEECHOB REVISED 12/91 PAGE 2 OF 2 expense of the City. The City will instruct: the Railroad what type of crossing surface material is to be installed upon future reconstruction. In the event funds are made available by Federal or State laws or regulations for the purpose of assuming, in whole or in part, the expense of maintaining grade crossing surfaces, nothing herein shall continue to obligate the Railroad to bear such expense to the extent that such public funds are made available for such purposes. 5. This agreement shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. 6. It is understood and agreed that this agreement shall not be binding until it has been authorized or ratified by a proper ordinance or resolution of the City Council. of the City of Okeechobee, Florida, a certified copy of which ordinance or resolution is attached hereto and made a part hereof. IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written. Witnesses for Railroad: Witnesses for City: CSX TRANSPORTATION, INC. ;�Z BY: (L. S. J. R. Clark Assistant Cbief kagilneer , Publio TITLE: Prnjacl a r•=—_44 CITY OF OKEECHOBEE, FLORIDA BY: � (L.S.) MAYOR ATTEST: (SEAL) CITY CLERK ADDENDUM RE; OKEEC'HOBEE, OKEECHOBEE COUNTY, FLORIDA NORTEWEST NINTH AVENUE U.S. DOT/AAR 628055-B MILEPOST Sx-908.20 Mr. John R. Cook, City Attorney, has advised the City that paragraphs four and five of the contract seems to intend to rind future City Councils to expend funds for rebuilding the crossing when it becomes necessary. The present City Council cannot do this, but forwards the executed contract with t'ze intent and understanding that any future repairs and expenses will be handled in a similar agreement negotiated at that time. �-cry HHrt X t+]N0 (1)0'o ma, WR7[Drt a a W r• r -o r•no don H r -0 I-, O H N rt rr • 0 `<rt Om rr 0 CO 0m 0 w H. 0 • i O n 0•'c1 Oo 0' 'd n (one H. 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N r rt a R O rt O 0 Q. rr M ° Ft a' n F-+w 0 0 rt H ° r cr D rt L ,w 0 0 n (I) G H R D m �' tD r- rt n (^ O E rr 0- w m°c)dA' R ' 0(D0 o 0 o"' • u) v'd rn "C7 R l',1' H g �' H C7 OH ° O h 0 (HD rt N a• 0 O Dzi a• B ° 'd D H V 0' p, to O 0 0 ° r G0 H N �, w O H. n ( r w o n � r. I-'• , . rt rr EfD °Y r- 00 Wi• N 1-1 '"' ,..i h� G rt ,r. O ID DI 0 'G M rt Y• G O rt (--t 0 G O H w p rt Dr ID El 0 0 el 0 0 E rt 0 rt) Y• r-+ DR (D G rr fD rtvto rt 7 crw rt ',7 PC' la. G [l. C. �,0 7'0 w rt C 0 t- NOLOY S2I 3HY3 CSX TRANSPORTATION RAIL TRANSPORT GROUP Engineering Department S. X. Kelly Public Projects Engineer January 14, 1992 Mr. John Drago City of Okeechobee 55 SE 3RD Avenue Okeechobee, Florida 34974-2932 RE: OKEECHOBEE, OKEECHOBEE COUNTY, NINTH STREET U.S.DOT/AAR 628055-B FLORIDA PO, Box 45052 Jacksonville, FL 32232-5052 MILEPOST SX -908.20 This follows our phone conversation of January 10, 1992 regarding renewal of the existing crossing surface with a 30FT RUBBER CROSSING SURFACE - 3 TRACKS. 904/359-1049 Attached, in duplicate is a draft of agreement executed on behalf of CSXT. After execution by the City, please return CSXT'S fully executed original to this office. Whereas, the crossing material must be ordered as soon as possible, to meet the proposed February installation, please contact me for further coordination of this: project. Sincerely Mike Kelly Public Projects ineer copy: Roger Champagne, Project Engineer - Tampa, FL CSX Distribution Services, CSX Equipment CSX Rail Transport and American Commercial Lines are units of CSX Transportation, Inc. and its affiliates,