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2009-10-06CITY OF OKEECHOBEE OCTOBER 6, 2009 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: October 6, 2009, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Paul E. Jackson, Sr., International Prayer Warriors for Christ; Pledge of Allegiance led by the Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. Mayor Kirk called the October 6, 2009 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Reverend Jackson, International Prayer Warrior for Christ; Followed by the Pledge of Allegiance led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Absent Present Present Absent Present Present Present PAGE 10F 7 A. Present a Certificate of Appreciation to Penny Revels for service on III Mrs. Penny Revels graciously accepted a Certificate of Appreciation, from Mayor Kirk, in recognition of her service on the Code Enforcement Board. the Code Enforcement Board, from February 18, 2004 to July 24, 2009. 1 OCTOBER 6, 2009 . REGULAR MEETING - PAGE 2 OF 7 AGENDA COUNCILACTION -DISCUSSION -VOTE . V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the September 15, 2009 Regular Meeting and September 15, 2009 Regular Meeting and First Budget Hearing and the September 29, 2009 Final Budget Hearing; First Budget Hearing and the September 29, 2009 Final Budget seconded by Council Member O'Connor. There was no discussion on this item. Hearing. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. AGENDA - Mayor. 11 A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. NEW BUSINESS. A.1. a) Motion to read by title only and set November 3, 2009 as a final public hearing date for proposed Ordinance No. 1052 regarding Petition No. 09-002-SC submitted by County Administrator Lyndon Bonner, on behalf of property owner Ok?PChnh�- Cuunty, to close NW 7' Avenue from NW 4',� Street to NW 6`h Street and to close NW 5" Street from NW 7P' Avenue to dead end for the purpose of constructing a new Emergency Operations Center - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1052 by title only. Mayor Kirk asked whether there were any requests for the addition, deferral orwithdrawal of items on today's agenda? There were none. Council Member Watford moved to read by title only and set November 3, 2009 as a final public hearing date for proposed Ordinance No. 1052 regarding Petition No. 09-002-SC submitted by County Administrator Lyndon Bonner, on behalf of property owner Okeechobee County, to close Northwest 7' Avenue from Northwest 4`h to 611 Streets and to close Northwest 5`h Street from Northwest 7`h Avenue westward to dead end for the purpose of constructing a new Emergency Operations Center; seconded by Council Member Williams. KIRK - YEA WATFORD - YEA VOTE MARKHAM - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. 363. Attorney Cook read proposed Ordinance No. 1052 by title only as follows: "AN ORDINANCE CLOSING, VACATING ANDABANDON/NGA PORTIONOFNORTHWEST rAVENUEANDA PORTION OFNORTHWESTSM STREET, MORE PARTICULARLY AS DESCRIBED HEREIN; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES, AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE " 364 OCTOBER 6, 2009 - REGULAR MEETING - PAGE 3 OF 7 AGENL?A - COUNCIL ACTION -DISCUSSION -VOTE-- VII. NEW BUSINESS CONTINUED. A. 2. a) Motion to approve the first reading of proposed Ordinance No. III Council Member O'Connor moved to approve the first reading of proposed Ordinance No.1052; seconded by Council 1052. Member Markham. b) Discussion. Council Member Watford noted he hopes the County really needs the roads closed, as it seems as though the street closed forthe new judicial center was not necessary to be closed. Council Member Markham added that a reversionary clause is needed so that should the building not be built, the road would revert back to the City. Council Member Markham moved to amend Droaosed Ordinance No.1052 by adding_ a reversionary clause,, seconded by Council Member Watford. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. c) Vote on motion. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. B.1. a) Motion to read by title only and set November 3, 2009 as a final Council Member Watford moved to read by title only and set November 3, 2009 as a final public hearing date for public hearing date for proposed Ordinance No. 1053 regarding the proposed Ordinance No. 1053 regarding the City of Okeechobee General Employees/OUA Pension Trust Fund; City of Okeechobee General Employees/OUA Pension Trust Fund - seconded by Council Member O'Connor. City Attorney (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1053 by title only KIRK - YEA WATFORD - YEA VOTE MARKHAM - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1053 by title only as follows: "AN ORDINANCE OF THE CITY Of OKEECHOBEE AMENDING AND RESTATING THE CITY OF OKEECHOBEE AND OKEECHOBEE Unun AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 828; AS SUBSEQUENTLY AMENDED; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY Of PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE " OCTOBER 6, 2009 - REGULAR MEETING - PAGE 4 OF 7 365 AGENDA VII. NEW BUSINESS CONTINUED. COUNCIL ACTION - DISCUSSION :-VOTE B. 2. a) Motion to approve the first reading of proposed Ordinance No. Council Member Markham moved to approve the first reading of proposed Ordinance No.1053; seconded by Council 1053. 111 Member O'Connor. b) Discussion. c) Vote on motion. C.1. a) Motion to read by title only and set November 3, 2009 as a final public hearing date for proposed Ordinance No. 1054 regarding the City of Okeechobee Municipal Police Officers' Pension Trust Fund - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1054 by title only I� There was no discussion at this time. KIRK - YEA WATFORD - YEA VOTE MARKHAM - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member Watford moved to read by title only and set November 3, 2009 as a final public hearing date for proposed Ordinance No. 1054 regarding the City of Okeechobee Municipal Police Officers' Pension Trust Fund; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1054 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 888, AS SUBSEQUENTLYAMENDED; AMENDING SECTION 1, DEFINITIONS, -AMENDING SECTION3, BOARD OF TRUSTEES, AMENDING SECTION4, FINANCESAND FUND MANAGEMENT, AMENDING SECTION 5, CONTRIBUTIONS; AMENDING SECTION 6, BENERTAMOUNTS AND ELIGIBILITY; AMENDING SECTION 7, PRE -RETIREMENT DEATH; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION; AMENDING SECTION 16, AWN►MUMDISTRIBUTIONOFBENEFITS;AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 18, REPEAL OR TERMINATION OF SYSTEM, AMENDING SECTION 19, DOMESTIC RELATIONS ORDERS, RETIREE DIRECTED PAYMENTS, EXEMPTION FROM EXECUTION, NON ASSIGNABILITY; AMENDING SECTION 21, FORFEITURE OF PENSION, AMENDING SECTION 26, DIRECI TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS, AMENDING SECTION 27, PRIOR POLICE SERVICE; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN, PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITYOFPROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITh AND PROVIDING AN EFFECTIVE DATE." ass OCTOBER 6, 2009 - REGULAR MEETING - PAGE 5 OF 7 VII. NEW BUSINESS CONTINUED. C. 2. a) Motion to approve the first reading of proposed Ordinance No. 1054. b) Discussion. c) Vote on motion. COUNCIL ACTION =, DISCUSSION. VOTE Council Member O'Connor moved to approve the first reading of proposed Ordinance No.1054; seconded by Council Member Markham. The Council inquired whetherAttorney Christiansen would be at the final hearing to answer questions. Clerk Gamiotea advised, according to Christiansen's Office, he was not expected to attend the meetings since his cover letter with the proposed ordinances explain the purpose of the changes in detail, and included an Actuary Report stating the changes would not cause an increase in funding by the City. Mavor Kirk advised the Council to forward their questions to the Administrator in order for them to be addressed, or he could reauest Attomev Christiansen be present. KIRK - YEA WATFORD - YEA VOTE MARKHAM - YEA WILLIAMS - YEA O'CONNOR-YEA MOTION CARRIED. D.1. a) Motion to read by title only and set November 3, 2009 as a final Council Member Watford moved to read by title only and set November 3, 2009 as a final public hearing date for public hearing date for proposed Ordinance No. 1055 regarding the proposed Ordinance No. 1055 regarding the City of Okeechobee Municipal Firefighters' Pension Trust Fund; seconded City of Okeechobee Municipal Firefighters' Pension Trust Fund - by Council Member Markham. City Attorney (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1055 by title only KIRK - YEA WATFORD - YEA VOTE MARKHAM - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1055 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE 889, AS SUBSEQUENTLY AMENDED, AMENDING SECTION 1, DEFINITIONS, AMENDING SECTION3, BOARD OF TRUSTEES, AMENDING SECT/ON4, FINANCESAND FUND MANAGEMENT, AMENDING SECTION 5, CONTRIBUTIONS; AMENDING SECTION 6, BENEFIT AMOUNTSAND ELIGIBILITY, AMENDING SECTION 7, PRE -RETIREMENT DEATH, AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS, AMENDING SECTION 15, MAXIMUM PENSION; AMENDING SECTION 16, MINIMUMDISTRIBUTION OFBENEFITS, AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 18, REPEAL OR TERMINATION OF SYSTEM, AMENDING SECTION 19, DOMESTIC RELATIONS ORDERS, RETIREE DIRECTED PAYMENTS, EXEMPTION FROM EXECUTION, NON - ASSIGNABILITY; AMENDING SECTION 21, FORFEITURE OF PENSION, AMENDING SECTION 26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION 27, PRIOR FIRE SERVICE; �� AGENDA . VII. NEW BUSINESS CONTINUED. D.1. c) City Attorney to read proposed Ordinance No.1055 by title only continued. 2. a) Motion to approve the first reading of proposed Ordinance No. 1055. b) Discussion. c) Vote on motion. E. Motion to approve a Temporary Street Closing submitted by Central Elementary School to close SW 5' Avenue between SW 61h and. V' Streets on October 30, 2009 from 4:00 p.m. - 8:30 p.m. for a Halloween Carnival Festival - City Clerk (Exhibit 5). F. Discuss the City Council meeting scheuu;e for the months of October, November; w^,u December 2009 - City Administrator (Exhih.fs 6). G. Motion to approve a Wireless Service Agreement regarding the Statewide Law Enforcement Radio System (SLERS) Program - City Administrator Whitehall and Deputy County Administrator Threewits - (Exhibit 7). OCTOBER 6, 2009 - REGULAR MEETING - PAGE 6 OF 7 367 . COUNCIL ACTION - DISCUSSION; -VOTE,:. (Continued from page five) AMENDING SEC77ON 28, DEFERRED RETIREMENT OP77ON PLAN; PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY OFPROWSIONS; REPEAUNG ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No.1055; seconded by Council Member O'Connor. There was no discussion on this item. KIRK - YEA WATFORD - YEA VOTE MARKHAM - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member Watford moved to approve a Temporary Street Closing submitted by Central Elementary School to close Southwest 51 Avenue between Southwest 6" and 71h Streets on October 30, 2009 from 4:00 p.m. to 8:30 p.m. for a Halloween Carnival Festival; seconded by Council Member Markham. KIRK - YEA .. ,T�vRZ - TEA VOTE MAP.K.HAM - YEA WILLIAMS - YEA O'CONNOR-YEA MOTION CARRIED. City Staff presented calendars recommending that the following meetings be cancelled: October 20, November 17 and December 15, and change the December 1 meeting time from 6:00 to 7:00 p.m. due to the Annual Tree Lighting Ceremony. Council Member Watford moved to aDDrove the meetino_ schedule as Dresented (Exhibit Six)z seconded by Council Member Markham. KIRK - YEA WATFORD - YEA VOTE MARKHAM - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Mr. Jim Threewits, Deputy County Administrator appeared before the Council to answerquestions regarding the Radio System purchase, a proposed Maintenance Agreement with Harris Corporation, RF Communications Division and a Memorandum of Understanding between the City and the County. 368 OCTOBER 6, 2009 - REGULAR MEETING - PAGE 7 OF 7 h AGENDA COUNCIL ACTION -DISCUSSION VOTE :. VII. NEW BUSINESS CONTINUED. G. Motion to approve a Wireless Service Agreement regarding the The Radio System became a joint project for the City, County, School Board and OUA following the 2004 hurricane Statewide Law Enforcement Radio System (SLERS) Program season, due to the amount offailed communications between the local governmental agencies and the State agencies, continued. as various radio systems went down after the storms. A very important lesson learned throughout the State was just how vital communication needs to remain and be up and running among all the agencies immediately after a natural 11 disaster. Vill. ADJOURN MEETING - 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. y l� •i.i� AT E T: James E. Kirk, Mayor Larie Garrtioter , CMC,�,ity Clerk Following a lengthy discussion between the Council, Mr. Threewits and Mr. Jeffrey Hunt of Harris Corporation, the Council did not take anv action on this item. It will be deferred until the November 3.2009 meetinq. There being no further items on the agenda, the meeting was adjourned at 7:24 p.m. The next meeting will be November 3, 2009 at 6:00 p.m. -NDEPENDENT _ -NEWSPAPERS OKE•E•CHOBE•E NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FI- 7A974 (863) 763-3134 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a U in the matter of UZI�.1L.l�L�-�-� 4) (J in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Judy Kasten �vv�orn to and subscribed before me this 5 day of �U �D % AD Notary Public, State of Florida at Large NOTARY MbC-STATE OF FLORIDA ` J Angie Bridges Commission #DD779718 Expires: APR. 20, 2012 BONDED THRU ATLANTIC BONDING Co„ INC arycouwnKmMMOTHI Court reporter wu be Maft or Me TT person whd may see` to e' is RWd d herein vdi be respot�We and eviderre at. Rinist !✓ MM to ,� vAtlt dad the ael own OIIke at.SModWM & 63 E. lark, Mayor' M Clerk Ro eF- — R setirmJ. Aa Is t airy nK 7372, a we I. t" of I990 Office 4 Me .A(a V" eitV of Ofieecfiofiee, 9&uda Eateiulo MW &pweiaa of appner aUm to J Cl) 4 etuuj, J"Ieveb iff 5 ►$rutioa of fift Svwke to me emmumav J lie eAV and 2jom geftw eakew Ria" senelitted awatta OV go= uneeepft .- katin is tie Ye4a n ance of pm 1)utieo ae Atemh* of tie W-.& L 4 0 (To m IS, 2VC4 ta ri'd iqoaxd 0. 24,2009 owm on sefiw of the e" eouna trio 64 dad of Vd "� 2CC9 9a r *jwo aAew4 9 Bane finemM oei my aid canoed 6% -owl to & aff i"d • l !neo , ,Mayan •P.cace �'amiatea,��e, � ee� EXHIBIT l OCT 6, 2009 ORDINANCE NO. 1052 AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF NORTHWEST 7T" AVENUE AND A PORTION OF NORTHWEST 5T" STREET, MORE PARTICULARLYAS DESCRIBED HEREIN; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received a Street Closing Application (No. 09-002-SC) from property owner(s) Okeechobee County, for the closing of certain rights -of -way as described in this ordinance to access their property and develop an Emergency Operations Center; and WHEREAS, a review of such application at duly advertised meetings by the Technical Review Committee held on September 17, 2009, and the City Planning Board held on September 17, 2009, and submitted by Staff Report, reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One. The rights -of -way described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: ALL THAT PORTION OF NORTHWEST 7T" AVENUE (FORMERLY KNOWN AS OKEECHOBEE AVENUE) LYING ADJACENT TO BLOCKS 96, 97,102 AND 103, FROM NORTHWEST 4T" STREET TO NORTHWEST 6T" STREET, OKEECHOBEE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA. ALL THAT PORTION OF NORTHWEST 5T" STREET (FORMALLY KNOWN AS ELEVENTH STREET) LYING ADJACENT TO BLOCKS 97 AND 102, FROM NORTHWEST 7T" AVENUE WESTWARD TO THE DEAD-END, OKEECHOBEE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA. Section Two. The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility purposes in and over Northwest 7th Avenue located between said Blocks 96, 97, 102 and 103, OKEECHOBEE. Section Three. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Ordinance No.1052 - Page 1 of 2 Section Four. This ordinance shall be set for final public hearing the 31 day of November, 2009, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 611 day of October, 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 3' day of November, 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1052 -Page 2 of 2 V. CONSIDER PETITIONS AND APPLICATIONS. 0 A. Petition No. 09-002-SC submitted by Lyndon Bonner on behalf of Okeechobee County to close NW 7' Avenue from NW 41' Street to NW 611 Street and to close NW 5" Street from NW 7' Avenue to dead end, City of Okeechobee - Senior Planner. Hear from Planning Staff. 2. Hear from the Property Owner or designee/agent, 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. 5. Board Discussion. • 6. Consider motion and vote. Application will be forwarded in ordinance form for a final Public Hearing on November 3, 2009 before City Council. SEPTEMBER 17, 2009 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 2 OF 3 J Petition No. 09-002-SC submitted by Lyndon Bonner on behalf of Okeechobee County to close NW 7"' Avenue from NW 4' Street to NW 6"' Street and to close NW 5"' Street from NW 7" Avenue to dead end, City of Okeechobee. Mr. Brisson stated there are 4 criteria listed in the Code of Ordinances for street closings and the applicant has met each one. Planning Staff recommends approval. Chair Maxwell asked whether any Board member had questions for Mr. Brisson. There were none. Mr. Jim Threewits, Deputy County Administrator for the County of Okeechobee reported to the Board the purpose of the street closings were to build an Emergency Operations Center that will also house the E901 center. The Board questioned Mr. Threewits regarding the comment on the application from Embarq. Mr. Threewits told the Board, the comment was made regarding 4"' Street, and 0 Street is not part of the project. Chair Maxwell opened Public Hearing. No Comments. Chair Maxwell closed the Public Hearing. Chair Maxwell stated street closing should be limited, obviously this qualifies. Member Hoover moved to recommend approval to City Council for Petition No. 09-002-SC to close NW 7"' Avenue from NW 4"' Street to NW 6"' Street and to close NW 5"' Street from NW 7"' Avenue to dead end; seconded by Member Burroughs. VOTE MAXWELL - YEA HOOVER - YEA KELLER- YEA LUVIANO - YEA BURROUGHS - YEA BRASS - YEA MCCOY - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on November 3, 2009 before City Council. • ivmvuTEs of TIO TECHNICAL REVIEW COMMITTEE i n v KSDAY SEPTEMBER 17, 2009,10:00 A. M. CITY OF OKEECHOBEE 55 Southeast 3'd Avenue Okeechobee, Florida 34974 Page 1 of 3 CALL TO ORDER - Chairperson The meeting was called to order by Chairperson Brian Whitehall. II. STAFF ATTENDANCE - Secretary PRESENT: Administrator Whitehall Building Official Schaub Public Works Director Robertson Chief Smith Engineer Bermudez Chief Davis , 11 11 11 ...."......W.I I,1.1............" Non -Voting Ex-Officio Member ****** I I .......... I. b I .......... .............. PRESENT: OUA Hayford Planner Brisson Secretary Clement ABSENT: County Health Department Burton Attorney Cook School Representative (no representation) III. Minutes — Secretary Chief Davis moved to dispense with the reading and approve the June 18, 2009 Technical Review Committee Minutes regular meeting; seconded by Engineer Bermudez. Motion carried unanimously. IV. New Business — Chairperson A. Street Closing Petition 09-006-TRC. The application was submitted by Lyndon Bonner on behalf of the property owners BOCC to close NW 7th Avenue from NW 4t^ Street to NW 6th Street and close NW 51h Street from NW 7th Avenue to dead-end, Okeechobee, Florida — Senior Planner. Technical Review Co, ties September 17, 2009 Page 2 of 3 IV. New Business Continued. A. Street Closing Petition 09-006-TRC continued. Mr. Brisson addressed the Committee, stating he was very impressed with the reasons stated in the application for the street closing. Mr. Brisson further stated LaRue Planning Staff recommends approval. Mr. Jim Threewits, Deputy County Commissioner for Okeechobee County asked the Board whether they had any questions? Administrator Whitehall questioned the comments from Embarq. Mr. Threewits stated the comments of concern were addressing which is not part of the petition. OUA — Nothing Health — Not present. FC — Accessibility to the proposed building? Mr. Threewits replied yes, on the East side. BO — No comments. CE — Always feel the City should not give away property, but this project is a benefit to the City as well as the County. PW — No issues. PD — No Issues. Chief Davis made a motion to recommend approval to the Planning Board for Street Closing Petition 09-006-TRC to close NW Th Avenue from NW 4", Street to NW 6"h Street, and close NW 50, Street to dead-end, seconded by; Chief Smith. Motion carried unanimously. B. Outdoor vehicle sales Lot 09-007 TRC. The application was submitted by Linda L. Bridges for site plan review for outdoor vehicle sales lot located at 920 NW Park Street — Senior Planner, Mr. Brisson presented the Staff report of approval with four issues needing to be addressed by the applicant. Mr. Brisson went on to state the development of the property is consistent with the surrounding commercial property with the exception of one lot that is zoned RMF. Traffic does not appear to be a problem. The issues are with the width of the drive through the property being shown as 10 feet which should at least be 12 feet, the placement of the dumpster, no sidewalk shown on 101h and no lighting plan was submitted. Mr. Larry Bennett of H.L. Bennet, of LaBelle, Florida addressed the Committee representing the applicant. Mr. Bennett stated all the issues would be addressed. Mrs. Linda Bridges, the applicant stated the business across the street had the same type dumpster placement. Mr. Whitehall replied that is a situation the City is trying to address. Mrs. Bridges also stated she was planning on putting a spot light on the pole by the dumpster. Mr. Brisson interjected, the applicant does not need to supply a lighting plan, but does have to comply with the code. Mr. Whitehall expressed concern regarding the spotlight and instructed the applicant to make sure this would cause no concern with the surrounding neighbors or drivers on SR 70. Mrs. Bridges stated the one-way,10 foot driveway through the property was for safety and would provide for open space. Administrator Whitehall then asked for concerns from the Committee: OUA — No issues. DMIBIT 2 Law Offices OCT 6, 2009 Christiansen & Dehne r, P.A. 63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 • 941-377-2200 • Fax 941-377-4848 September 21, 2009 Mr. Brian Whitehall City Administrator City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974-2032 Re: City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System - Proposed Ordinance Dear Mr. Whitehall: Enclosed please find a proposed ordinance amending the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, which is recommended by the Board for approval and adoption by the City Council. With the adoption of the Pension Protection Act of 2006 and subsequent regulations and guidance from the Internal Revenue Service, as well as other changes to the Internal Revenue Code and Regulations and changes to State law, the following amendments to the pension plan are proposed: l . Section 1, Definitions, is being amended for Internal Revenue Code (IRC) changes and changes to the Uniformed Services Employment and Reemployment Rights Act (USERRA), to amend the definitions of: a. Actuarial Equivalent - IRC b. Credited Service - USERRA C. Salary - IRC 2. Section 2, Membership, is being amended to remove outdated opt -out provisions. 3. Section 3, Board of Trustees, is being amended to increase the terms of office for the members of the board from two years to four years. This is an optional proposed change to be consistent with the proposed changes in the Police and Fire plans. 4. Section 5, Contributions, is being amended for clarification of language to satisfy the requirements of the actuary for the State of Florida. 5. Section 6, Benefit amounts and eligibility, is being amended to add subsection 5., Required Distribution Date. - IRC Mr. Brian Whitehall September 21, 2009 Page 2 6. Section 8, Disability, is being amended to clarify the conditions under which a disabled retiree may be recalled to duty. 7. Section 10, Optional Forms of Benefits, has been amended to: a. Cite an appropriate Treasury Regulation - IRC b. Add a new subsection S.E. - IRC C. Amend subsection 7 - IRC 8. Section 14, Maximum Pension, has been totally re -written to comply with IRC changes. 9. Section 15, Minimum Distribution of Benefits, is being amended for IRC changes. 10. Section 16, Miscellaneous provisions, is being amended for changes to the IRC, USERRA and general compliance language. 11. Section 17, Repeal or Termination of System, is being amended for IRC changes to eliminate outdated language and for recent legislative changes to the termination language. With the recent adoption of Chapter 2009-97, Laws of Florida. which requires this amendment for police and fire plans, and based on the guidance in Board of Trustees of the Town of Lake Park Firefiiahters' Pension Plan v. Town of Lake Park. 966 So. 2d 448 (Fla. 4th DCA 2007), this is a recommended amendment to the pension plan. 12. Section 20, Forfeiture of Pension, is being amended to include a recent amendment to Section 112.3173, Florida Statutes, which is applicable to all Florida pension plans. 13. Section 24, Direct Transfers of Eligible Rollover Distributions; Elimination of Mandatory Distributions, is being amended to comply with IRC changes. 14. Section 27, Prior Government Service, is being amended to correct a section reference. 15. Section 28, Deferred Retirement Option Plan, is being amended to remove unnecessary language regarding distribution of DROP account funds. r1 LJ • Mr. Brian Whitehall September 21, 2009 Page 3 I am enclosing a copy of a letter from the Board's actuary, Gabriel Roeder Smith & Company, indicating that there is no cost associated with the adoption of this ordinance. If you have any questions with regard to this ordinance, please feel free to give me a call. Yours ry ly, Scott R. Christiansen SRC/dm enclosure cc: Theora Braccialarghe, with enclosure Basil Coule, with enclosure Gabriel Roeder Smith & Company One East Broward Blvd. 954.527.1616 phone Consultants & Actuaries Suite 505 954.525.0083 fax RS Ft. Lauderdale, FL 33301-1872 www.gabrielroeder.com August 18 2009 Mr. Basil Coule Finance Director Okeechobee and Okeechobee Utility Authority 100 SW 5 h Avenue Okeechobee, FL 34974 Re: Okeechobee and Okeechobee Utility Authority Employees' Retirement System Actuarial Impact Statement for REVISED Proposed Amendment & Restatement Dear Basil: We have reviewed the REVISED proposed ordinance amending and restating the Okeechobee and Okeechobee Utility Authority Employees' Retirement System drafted by Scott Christiansen and dated June 22, 2009. This restatement would amend the Plan as follows: ■ Optionally increases the term of office for board members from two years to four years. ■ Updates language for IRC changes to legislation regarding Repeal or Termination of System. • Changes the actuarial equivalence definition to use assumptions adopted by the Board so that benefit calculations are not subject to City discretion. ■ Modifies the definition of credited service for qualified military service to be included provided the member pays missed contributions. • Preserves entitlement to pre retirement death benefits while on Military leave. • Modifies the definition of salary to cap pay at the 401(a)(17) limit. ■ Clarifies membership of the City Administrator and Administrative Assistant. • Modifies the language defining the City contribution. • Adds a section describing required distributions at age 70 '/2. ■ Clarifies the section describing the pre -retirement death benefit for spouse and non - spouse beneficiaries. • Clarifies the conditions under which a disabled retiree gets his last payment. • Adds language capping the joint and survivor percentage allowed based on Section 401(a)(9). • Changes the section describing the maximum pension and minimum distributions. • Clarifies the vested status (100%) of members reaching normal retirement age. ■ Changes the sections relating to the repeal or termination of the system, domestic relation orders, forfeitures of pensions and direct transfers of eligible rollover distributions. • r1 Mr. Basil Coule August 18, 2009 Page 2 In our opinion, this amendment will have no actuarial impact on the Plan. Even though there is no actuarial impact, this letter should be sent to the Division of Retirement before the final public hearing on the ordinance. We welcome your questions and comments. Sincerely yours, /Jeey Amrose, EA, MAAA Consultant and Actuary cc: Scott Christiansen Gabriel Roeder Smith & Company ORDINANCE NO. 106 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 828; AS SUBSEQUENTLY AMENDED; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee and the Okeechobee Utility Authority Employees are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee and; WHEREAS, the City Council desires to clarify and restate the provisions of the General Employees' Retirement Plan to consolidate all prior ordinances and Code provisions and to incorporate Federal law and the applicable State laws, NOW, THEREFORE, BE IT ORDAINED before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 'I: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, is hereby amended and restated as set forth in the document designated CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, attached hereto and made a part hereof. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this day of , 2009. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk Passed on second reading after public hearing this day of , 2009. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Law Offices D mIBIT 3 Christiansen & Delmer, P.A. acT 6, 2009 63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 • 941-377-2200 • Fax 941-377-4848 September 21, 2009 Mr. Brian Whitehall City Administrator City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974-2032 Re: City of Okeechobee Municipal Police Officers' Pension Trust Fund - Proposed Ordinance Dear Mr. Whitehall: Enclosed please find a proposed ordinance amending the City of Okeechobee Municipal Police Officers' Pension Trust Fund, which is recommended by the Board for approval and adoption by the City Council. With the adoption of the Pension Protection Act of 2006 and subsequent regulations and guidance from the Internal Revenue Service, as well as other changes to the Internal Revenue Code and Regulations, changes to State law and the recent adoption of Chapter 2009-97, Laws of Florida. the following amendments to the pension plan are proposed: l . Section 1, Definitions, is being amended for Internal Revenue Code (IRC) changes and changes to the Uniformed Services Employment and Reemployment Rights Act (USERRA), to amend the definitions of: a. Actuarial Equivalent - IRC b. Credited Service - USERRA C. Salary - IRC 2. Section 3, Board of Trustees, is being amended to allow DROP participants to be elected as, but not vote for elected Trustees, and is also being amended to increase the terms of office for the members of the board from two years to four years. This is an optional proposed change. 2009-97 LOF. 3. Section 4, Finances and Fund Management, is being amended to allow the fund to invest up to 25% of the fund's assets at market value in foreign securities, as permitted by Chapter 185, Florida Statutes. 2009-97 LOF 4. Section 5, Contributions, is being amended for clarification of language to satisfy the requirements of the actuary for the State of Florida. Mr. Brian Whitehall September 21, 2009 Page 2 5. Section 6, Benefit amounts and eligibility, is being amended to add subsection 6., Required Distribution Date. - IRC 6. Section 7, Pre -Retirement Death, is being amended to comply with IRC changes regarding non -spouse beneficiaries. 7. Section 8, Disability, is being amended to comply with Chapter 185, Florida Statutes. and to clarify the conditions under which a disabled retiree may be recalled to duty. 8. Section 10, Optional Forms of Benefits, has been amended to: a. Cite an appropriate Treasury Regulation - IRC b. Add a new subsection S.E. - IRC C. Amend subsection 7. - IRC 9. Section 15, Maximum Pension, has been totally re -written to comply with IRC changes. 10. Section 16, Minimum Distribution of Benefits, is being amended for IRC changes. 11. Section 17, Miscellaneous provisions, is being amended for changes to the IRC, USERRA and Chapter 185, Florida Statutes, general compliance language. 12. Section 18, Repeal or Termination of System, is being amended for IRC changes to eliminate outdated language and to comply with recent legislative changes to the termination language. 2009-97 LOF 13. Section 19, Domestic Relations Orders, Retiree Directed Payments, Exemption from Execution, non -assignability, is being amended to allow a retiree to direct retirement benefit deductions for payments to the City or to insurance companies for benefits such as health insurance, as now permitted by Chapter 185, Florida Statutes. This is a non -mandatory, no -cost recommended amendment. 2009-97 LOF 14. Section 21, Forfeiture of Pension, is being amended to include a recent amendment to Section 112.3173, Florida Statutes, which is applicable to all Florida pension plans. 15. Section 26, Direct Transfers of Eligible Rollover Distributions; Elimination of Mandatory Distributions, is being amended to comply with IRC changes. • • Mr. Brian Whitehall September 21, 2009 Page 3 16. Section 27, Prior Police Service, is being amended to correct a section reference, as well as provide for the no cost buy-back of prior police service for federal and other state, county or municipal service under certain conditions. A buy-back for prior police service within the State of Florida is currently in the plan. 2009-97 LOF 17. Section 28, Deferred Retirement Option Plan, is being amended to add a provision to provide for the inclusion of an amount equal to any lump sum payments which would have been paid to a member and included as salary for purposes of determining the member's accrued benefit had he retired and not entered the DROP. This avoids a possible penalty in the calculation of the benefit if a member enters the DROP rather than actually retiring at normal retirement. This section is also being amended to remove unnecessary language regarding distribution of DROP account funds. I am enclosing a copy of a letter from the Board's actuary, Gabriel Roeder Smith & Company, indicating that there is no cost associated with the adoption of this ordinance. If you have any questions with regard to this ordinance, please feel free to give me a call. Yours ry ly, Scott R. Christiansen SRC/dm enclosure cc: Theora Braccialarghe, with enclosure Bettye Taylor, with enclosure GRS Gabriel Roeder Smith & Company One East Broward Blvd. 954.527.1616 phone Consultants & Actuaries Suite SOS 954.525.0083 fax Ft. Lauderdale, FL 33301-1872 www.gabrielroeder.com U Mrromg V August 18, 2009 Det. Bettye Taylor By -------------- Okeechobee Municipal Police Officers' Pension Trust Fund 50 S.E. 2nd Avenue Okeechobee, FL 34974 Re: Okeechobee Municipal Police Officers' Pension Trust Fund Actuarial Impact Statement for REVISED Proposed Amendment & Restatement Dear Bettye: We have reviewed the REVISED proposed ordinance amending and restating the Okeechobee Municipal Police Officers' Pension Trust Fund drafted by Scott Christiansen and dated June 22, 2009. This restatement would amend the Plan as follows: • Optionally increases the term of office for board members from two years to four years. • Amends fund management provisions to allow 25% investment in foreign securities. ■ Updates language for IRC changes to legislation regarding Repeal or Termination of System. ■ Provides for buy-back of prior federal, state or county police service. • Changes the actuarial equivalence definition to use assumptions adopted by the Board so that benefit calculations are not subject to City discretion. • Modifies the definition of credited service for qualified military service to be included provided the member pays missed contributions. ■ Preserves entitlement to pre retirement death benefits while on Military leave. ■ Modifies the definition of salary to cap pay at the 401(a)(17) limit. • Provides that DROP participants can be elected as but not vote for elected Trustees. • Allows the Fund to invest in foreign securities to the extent and percentage permitted by Chapter 185. ■ Modifies the language defining the City contribution. ■ Adds a section describing required distributions at age 70 '/2. • Clarifies the section describing the pre -retirement death benefit for spouse and non - spouse beneficiaries. ■ Clarifies the conditions under which a disabled retiree gets his last payment. ■ Adds language capping the joint and survivor percentage allowed based on Section 401(a)(9). ■ Changes the section describing the maximum pension and minimum distributions. ■ Changes the sections relating to the repeal or termination of the system, domestic relation orders, forfeitures of pensions and direct transfers of eligible rollover distributions. Det. Bettye Taylor August 18, 2009 Page 2 • Changes the DROP section to remove unnecessary language regarding distribution of DROP account funds. • For DROP retirement, provides that the Average Final Compensation shall include lumps sum payments that would have been paid the member had the member retired and not elected DROP participation. In our opinion, this amendment will have no actuarial impact on the Plan. Even though there is no actuarial impact, this letter should be sent to the Division of Retirement before the final public hearing on the ordinance. We welcome your questions and comments. Sincerely yours, e Amrose, EA, MAAA Consultant and Actuary cc: Scott Christiansen Gabriel Roeder Smith & Company ORDINANCE NO. L05Y AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 888, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS; AMENDING SECTION3, BOARD OF TRUSTEES; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 5, CONTRIBUTIONS; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 7, PRE -RETIREMENT DEATH; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION; AMENDING SECTION 16, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 18, REPEAL OR TERMINATION OF SYSTEM; AMENDING SECTION 19, DOMESTIC RELATIONS ORDERS, RETIREE DIRECTED PAYMENTS, EXEMPTION FROM EXECUTION, NON -ASSIGNABILITY; AMENDING SECTION 21, FORFEITURE OF PENSION; AMENDING SECTION 26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION 27, PRIOR POLICE SERVICE; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby further amended by amending Section 1, Definitions, to amend the definitions of "Actuarial Equivalent:, "Credited Service" and "Salary", to read as follows: Actuarial Eauivalent means that any benefit payable under the terms of this System in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establishing the actuarial present value of any form of payment other than a lump sum distribution, all future payments shall be discounted for interest and mortality by using eight percent (8%) interest and the 1983 Group Annuity Mortality Table for Males. This definition may only be amended by the Citv pursuant to the recommendation of the Board using assumptions adopted by the Board with the advice of the Dlan's actuary. such that actuarial assumptions are not subiect to Citv discretion. • Law Offices • DIIBIT 4 Christiansen & Deh n e r, P.A. Ocr 6, 2009 63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 • 941-377-2200 • Fax 941-377-4848 September 21, 2009 Mr. Brian Whitehall City Administrator City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974-2032 Re: City of Okeechobee Municipal Firefighters' Pension Fund - Proposed Ordinance Dear Mr. Whitehall: Enclosed please find a proposed ordinance amending the City of Okeechobee Municipal Firefighters' Pension Fund, which is recommended by the Board for approval and adoption by the City Council. With the adoption of the Pension Protection Act of 2006 and subsequent regulations and guidance from the Internal Revenue Service, as well as other changes to the Internal Revenue Code and Regulations, changes to State law and the recent adoption of Chapter 2009-97, Laws of Florida, the following amendments to the pension plan are proposed: 1. Section 1, Definitions, is being amended for Internal Revenue Code (IRC) changes and changes to the Uniformed Services Employment and Reemployment Rights Act (USERRA), to amend the definitions of: a. Actuarial Equivalent - IRC b. Credited Service - USERRA C. Firefighter - 2009-97 LOF d. Salary - IRC 2. Section 3, Board of Trustees, is being amended to allow DROP participants to be elected as, but not vote for elected Trustees, as well as increases the terms of office for the members of the board from two years to four years. This is an optional proposed change. 2009-97 LOF 3. Section 4, Finances and Fund Management, is being amended to allow the fund to invest up to 25% of the fund's assets at market value in foreign securities, as permitted by Chapter 175, Florida Statutes. 2009-97 LOF 4. Section 5, Contributions, is being amended for clarification of language to satisfy the requirements of the actuary for the State of Florida. Mr. Brian Whitehall September 21, 2009 Page 2 5. Section 6, Benefit amounts and eligibility, is being amended to add subsection 6., Required Distribution Date. - IRC 6. Section 7, Pre -Retirement Death, is being amended to comply with IRC changes regarding non -spouse beneficiaries. 7. Section 8, Disability, is being amended to comply with Chapter 175, Florida Statutes, and to clarify the conditions under which a disabled retiree may be recalled to duty. 8. Section 10, Optional Forms of Benefits, has been amended to: a. Cite an appropriate Treasury Regulation - IRC b. Add a new subsection S.E. - IRC C. Amend subsection 7. - IRC 9. Section 15, Maximum Pension, has been totally re -written to comply with IRC changes. 10. Section 16, Minimum Distribution of Benefits, is being amended for IRC changes. 11. Section 17, Miscellaneous provisions, is being amended for changes to the IRC, USERRA and Chapter 175, Florida Statutes, general compliance language. 12. Section 18, Repeal or Termination of System, is being amended for IRC changes to eliminate outdated language and to comply with recent legislative changes to the termination language. 2009-97 LOF 13. Section 19, Domestic Relations Orders, Retiree Directed Payments, Exemption from Execution, non -assignability, is being amended to allow a retiree to direct retirement benefit deductions for payments to the City or to insurance companies for benefits such as health insurance, as now permitted by Chapter 175, Florida Statutes. This is a non -mandatory, no -cost recommended amendment. 2009-97 LOF 14. Section 21, Forfeiture of Pension, is being amended to include a recent amendment to Section 112.3173, Florida Statutes, which is applicable to all Florida pension plans. 15. Section 26, Direct Transfers of Eligible Rollover Distributions; Elimination of Mandatory Distributions, is being amended to comply with IRC changes. 16. Section 27, Prior Fire Service, is being amended to correct a section reference. • Mr. Brian Whitehall September 21, 2009 Page 3 is 17. Section 28, Deferred Retirement Option Plan, is being amended to remove unnecessary language regarding distribution of DROP account funds. I am enclosing a copy of a letter from the Board's actuary, Gabriel Roeder Smith & Company, indicating that there is no cost associated with the adoption of this ordinance. If you have any questions with regard to this ordinance, please feel free to give me a call. Yours 6ryx uly, j Scott R. Christiansen SRC/dm enclosure cc: Theora Braccialarghe, with enclosure Bill Douglas, with enclosure GRS August 18, 2009 Gabriel Roed,_ omith & Company Consultants & Actuaries One East Browara .,ivd. Suite 505 Ft. Lauderdale, FL 33301-1872 954.527.1616 phone 954.525.0083 fax www.gabrielroeder.com Mr. Bill Douglas B Yz ..________ _ Okeechobee Municipal Firefighters' Pension Fund 55 S.E. Third Avenue Okeechobee, FL 34974 Re: Okeechobee Municipal Firefighters' Pension Fund Actuarial Impact Statement for REVISED Proposed Amendment & Restatement Dear Bill: We have reviewed the REVISED proposed ordinance amending and restating the Okeechobee Municipal Firefighters' Pension Fund drafted by Scott Christiansen and dated June 22, 2009. This restatement would amend the Plan as follows: ■ Adds language to the definition of Firefighter. • Optionally increases the term of office for board members from two years to four years. ■ Amends fund management provisions to allow 25% investment in foreign securities. • Updates language for IRC changes to legislation regarding Repeal or Termination of System. • Changes the actuarial equivalence definition to use assumptions adopted by the Board so that benefit calculations are not subject to City discretion. • Modifies the definition of credited service for qualified military service to be included provided the member pays missed contributions. • Preserves entitlement to pre retirement death benefits while on Military leave. • Modifies the definition of salary to cap pay at the 401(a)(17) limit. • Provides that DROP participants can be elected as but not vote for elected Trustees. ■ Allows the Fund to invest in foreign securities to the extent and percentage permitted by Chapter 175. • Modifies the language defining the City contribution. ■ Adds a section describing required distributions at age 70 %2. • Clarifies the section describing the pre -retirement death benefit for spouse and non - spouse beneficiaries. • Clarifies the conditions under which a disabled retiree gets his last payment. • Adds language capping the joint and survivor percentage allowed based on Section 401(a)(9). • Changes the section describing the maximum pension and minimum distributions. ■ Changes the sections relating to the repeal or termination of the system, domestic relation orders, forfeitures of pensions and direct transfers of eligible rollover distributions. ■ Change the DROP section to remove unnecessary language regarding distribution of DROP account funds. 0 0 Mr. Bill Douglas August 18, 2009 Page 2 In our opinion, this amendment will have no actuarial impact on the Plan. actuarial impact, this letter should be sent to the Division of Retirement hearing on the ordinance. We welcome your questions and comments. Sincerely yours, Je fr Amrose, EA, MAAA Consultant and Actuary cc: Scott Christiansen Even though there is no before the final public Gabriel Roeder Smith & Company ORDINANCE NO. /O 9 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE 889, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS; AMENDING SECTION 3, BOARD OF TRUSTEES; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 5, CONTRIBUTIONS; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 7, PRE -RETIREMENT DEATH; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION; AMENDING SECTION 16, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 18, REPEAL OR TERMINATION OF SYSTEM; AMENDING SECTION 19, DOMESTIC RELATIONS ORDERS, RETIREE DIRECTED PAYMENTS, EXEMPTION FROM EXECUTION, NON -ASSIGNABILITY; AMENDING SECTION 21, FORFEITURE OF PENSION; AMENDING SECTION 26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION 27, PRIOR FIRE SERVICE; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Fund, adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further amended by amending Section 1, Definitions, to amend the definitions of "Actuarial Equivalent% "Credited Service", "Firefighter" and "Salary", to read as follows: Actuarial Equivalent means that any benefit payable under the terms of this System in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establishing the actuarial present value of any form of payment other than a lump sum distribution, all future payments shall be discounted for interest and mortality by using eight percent (8%) interest and the 1983 Group Annuity Mortality Table for Males. This definition may only be amended by the Citv oursuant to the recommendation of the Board using assumptions adooted by the Board with the advice of the Dlan's actuary. such that actuarial assumptions are not subiect to Citv discretion. Oct 22009 CITY OF OKEECHOBEE PENSION PLANS TO: Mayor & City Council FR: City Admin RE: Pension rates/benefits For historical financial purposes I tho't I'd forward the pension rates! Attached is a 2007 spreadsheet reflecting the basic benfit package for each Plan Provided by: India Riedel, Finance Date Provided: 10/2/09 (General Employee Pension Plan 2006 2007 2008 2009 2010 Police Employees Pension Plan 2006 2007 2008 2009 2010 Fire Employee Pension Plan 2006 2007 2008 2009 2010 Comparative presentation 2006 2007 2008 2009 2010 Rate of contribution 10.90% 11.04% 11.15% 11.43% 12.24% Rate of Ins Prem (Casualty contribution Tax 18.84% $134,180.00 Police and Fire Pension Plans are 16.86% $134,180.00 subsidized by Insurance Premium 13.26% $134,180.00 collections, as reflected here. 10.26% $134,380.00 10.55% Rate of contribution Fire Ins Prem Tax 6.28% $52,423.00 5.94% $56,283.00 3.47% $63,858.00 1.26% $62,693.00 4.04% Rate of Contribution: Gen Empl Police Fire 10.90% 18.84% 6.28% 11.04% 16.86% 5.94% ll.15% I 13.26% 3.47% 11.43% 10.26% 1.261%. 12.24% 10.55% 4.04% �r I City of Okeechobee Compiled January 2007 Pension Comparison This is a brief synopsis of some of the major differences in the 3 pension plans offered as well as the ICMA 457 plan. For a complete listing of definitions, benefits, procedures, of each plan please refer to the'plan itself. C General Police Fire 457 Employee Contribution 6% Base wage 5% Gross Wage 5% Base Wage (Not mandatory Max Annual Contribution 6% Base wage 5% Gross Wage 5% Base Wage 6U9;599— /S -, TO v Pre Tax dollars Yes I Yes I Yes IYes r payroll deduction Contribution* Withdrawal Options COLA Fully vested Retirement date j Yes -}---11.04% Base wage Employee Contribution + interest Yes 16.86% Gross Wage Employee Contributio + interest .5% every other year 5 years 10 years Age 55 + 10 yrs service Age 65 + 5 yrs service or or 25 yrs service 30 yrs of service regardless of age none n Yes I If participating -}--5:940/a Base Wage ---None Employee Contribution (Employee contributions + interest + investment earnings .5% every other year not defined 10 years not defined Age 55 + 10 yrs service or 25 yrs service regardless of age Flexible no later than 70 Guaranteed benefit based on Monthly till death min. Monthly till death min. Monthly till death min Normal Retirement 1120 payments 1120 payments 1120 payments Lump sum, periodic, etc. 2.1%of Avg Final Comp 3% of Avg Final Comp 3% of Avg Final Comp Contingent on method -of Amounts for each yr of service for each yr of service for each yr of service payment Early Retirement,w/reduced benefitsl Age 55 + IOyrs I�Age 50 + 10 years (Age 50 + 10 years 1 r I l *Employer contribution is determined by actuary. Employer must contribute the difference needed to sustain the pension fund each year based on previous years experience. LkNIBIT 5 55 Southeast e'� Avenue Okeechobee, f OCT 6, 2009 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSINGQ� Name of Applicant I Central Elementary School I Today's Date 19/25/2009 Address 1 610 SW 5th Avenue Phone(s) 1863-462-5077 I Fax No. 1863-462-5082 Name of Property Owner I City of Okeechobee Address 155 SE 3`d Avenue I Phone(s) 1863-763-3372 Street to be Closed I SW 5 h Ave, btwn SW 6th & 7th Strts Date to be Closed I October 30, 2009 Time(s) to be Closed 14:00 pm - 8:30 pm Purpose of Closing I Halloween Carnival Festival Attachments ❑ Original Signatures of all residents, property owners and business owners affected by the street closing stating whether they approve or object. This.can be done on one list. Make sure if it is a business that the name of the business and the owner is legible.` If it is a resident make sure the name and address is legible. (Required of all applications). Ea Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications). If any items are being sold on City street or sidewalk then a Temporary Use Permit must be O P( attached for each business participating. Permits can be obtained from General Services. 4 State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks). 9W Clean up is required within 24 hours. 9W No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. EW No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. ow The City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. ow Dumpsters and port-o-lets are required when closing the street for more than 3 hours. 0 PUBLIC WORKS DEPARTMENT Authorized. Signature Date Donnie Robertson, Public Works Director Typed Name & Title . POLICE I DEPARTMENT Dennv Davis, Chief of Police Authorized Signature Date Typed Name & Title FIRE E / DEPAR N f n q ag= 09 FPrh Rm; t-r _ Fire Chief VizaPk=jnature Date Typed Name & Title ADMINISTRATION Autho ' red Signat re CLERK'S OFFICE Occupational and/or State License Verifie� - Brian Whitehall, City Administrator Date i yped Name & Title U Ij J �� r�� .�� 0.� Authorized Signature Date APPROVED/DENIED BY COUNCIL ON: Lane Gamiotea, Citv Clerk Typed Name & Title Revised 9/05/03 4 18 25 009 October 2009 S M T W T 11 5 6 Regul-, Counc Mtg 6 PM 12 13 calumbus CEB Mtg .049 6:30 PM 119 120 26 Recomrr cancellir Council Meeting 27 7 14 21 1 Consider Cancelling the October 20th Meeting. 8 15 TRC M 10 AM PB/BO, Mtg 6 PM 22 29 F 2 9 16 Be Nic Your B1 Day 23 30 Septen S M T W 1 2 6 7 8 9 1314 15 16 20 21 22 23 7282930 S I I 3 10 17 24 Noven S M T W 1 2 3 4 8 91011 15161718 22 23 24 25 2930 • PJow irnbe S 1 8 115 22 29 M T 2 3 Regula Cound Mtg 6 PM 9 10 Pension CEB M Boards Mtg 6:30 PI 5 PM 116 117 23 30 Recommi cancellinc Council Meeting 24 25 Consider Cancelling the November 17th Meeting. • Vp 2009 15 12 19 TRC Mt! 10 AM PB/BOF Mtg 6 PM F 6 13 OHS Homecon Parade & Game 20 27 City P Close Octobe S M T W 1 4 5 6 7 11 1213 141 181920212 252627282 S 7 14 21 December I SMTWTFS 1 2 3 4 5 6 7 8 910111 13141516171819 20 21 22 23 24 25 26 27 28 29 30 31 S 29 6 13 20 27 Inb r 2009 M T 1 Tree Lighting 5:30 Regular Council Mtg 7 PM 8 Harbor CEB Mtg 6:30 PM 15 Recommend cancelling this meeting 22 E� 29 W 2 9 16 23 30 T 3 10 17 TRC Mtg 10 AM PB/BOA Mtg 6 PM 24 ChM, Eve 2;. 31 3 I 1 1 1 Consider 1-Change 12/1 Meeting Time to 7 PM due to Annual Tree Lighting. 2-Cancel the 12/15 Meeting. F 4 11 18 November SMTWTFS 1 2 3 4 5 6 8 9101112131 15161718192021 22232425262728 30 S I 5 Amas de 26 2 January SMTWTFS 1 3 4 5 6 7 8 9 10111213141516 17181920212223 425262728293 1 • DRArF • DMIBIT 7 -a (SUBJECT TO CIIA GE ) Ocr 6, 2009 WIRELESS SERVICES AGREEMENT This Wireless Services Agreement (this "Agreement") is made as of the _ day of , by and between ELARRIS CORPORATION, RF COMMUNICATIONS DIVISION ("Provider"), having a principal place of business at 221 Jefferson Ridge Parkway , Lynchburg, VA 24501, and the City of Okeechobee, Florida ("User"), having a principal place of business at 55 SE 3rd Avenue, Okeechobee, FL 34974. WHEREAS, Provider, as successor -in -interest to Corn -Net Ericsson Critical Radio Systems, Inc. and MIA-COM, Inc., is a party to that certain Service and Access Agreement (the "State Contract") dated September 28, 2000 by and between Provider and the State of Florida, acting by and through the Department of Management Services and the State Technology Office acting as administrative agent for the Joint Task Force on the State Agency Law Enforcement Communications (collectively, the "State"); WHEREAS, Provider owns and operates a network of wired and wireless telecommunications facilities which provide the State with certain wireless voice and data communications services, commonly referred to as the Florida Statewide Law Enforcement Radio System, throughout the State of Florida (the "Wireless Network"); WHEREAS, User desires to obtain from Provider, and Provider, subject to securing the prior written the consent of the State, desires to grant to User, a license ("License") to access to the voice communication Radio Portion of the Wireless Network ("Radio Network") for use in the Okeechobee County, FL area ("Area"), in accordance with the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the promises made herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Access to Radio Network. During the period commencing on , 2009 and continuing through end of term , 2021 (the "Contract Term") User shall have the non-exclusive right to access the Radio Network in conjunction with the performance of User's public service radio operations for voice communications with such coverage as exists on the Radio Network within the Area . Solely in exchange for such License to use of the Radio Network within the Area, User shall pay to Provider the Access Fee on a monthly basis throughout the Contract Term, in accordance with the provisions of Section 2 hereof. 2. Access Fee. Throughout the Contract Term, User shall deliver to Provider the amount of $9.00 per month (the "Access Fee") per radio licensed ("Licensed Radio") pursuant to this Agreement, payable on or before the first (ls) day of each calendar month (February 1, March 1, April 1, etc.), without notice, demand or setoff. The first monthly payment (or pro rata portion thereof if the commencement date is other than the first day of a calendar month) of the Access Fee shall be due and payable on HWD2 1040174v2 Provided it would not interfere in any way, manner or form with the State's use of the Wireless System, User may request during the Contract Term that the number of Licensed Radios be increased. If Provider agrees with such request, the number of Licensed Radios shall be increased following the payment by the User of the Access Fee for such additional Licensed Radios (on a pro rata basis if such Licensed Radios are added at any time other than the first day of a calendar month) and thereafter the monthly Access Fee shall be increased to include such additional Licensed Radios. 3. User's Responsibilities User shall purchase from Provider and obtain from Provider the services to install all of the equipment listed on Exhibit A at User's sole cost and expense. User shall be responsible for securing all approvals, licenses, and permits necessary, if any, to allow User to use the Radio Network at its sole cost and expenses. User understands and agrees that its use of the Radio Network shall not interfere in any way, manner or form with the State's use of the Wireless Network. 4. Representations and Warranties. Provider shall be responsible for repairing and maintaining the Radio Network in good working order throughout the Contract Term. If during the Contract Term User is unable to access the Radio Network for a period of more than one (1) day due to Provider's gross negligence or willful misconduct, then User shall be entitled to a pro rata reduction in the Access Fee for such period. Except as set forth in this Agreement, Provider makes no representations or warranties of any kind to User regarding the nature, condition, or capabilities of the Radio Network. All other User costs including, but not limited to, Dispatch, User terminal maintenance, and User equipment replacement costs, are to be borne by and at the sole expense of User. 5. Default. In the event that User fails to pay any monthly Access Fee within five (5) days after User receives a written notice of non-payment from Provider, Provider may terminate this Agreement by written notice to User and User shall thereafter immediately take all necessary steps, at User's sole cost and expense, to cease its use of the Radio Network. Notwithstanding the foregoing, Provider shall only be obligated to provide User with a written notice of non-payment one (1) time during any calendar year during the Contract Term, after which Provider shall be entitled to the foregoing termination rights if User fails to pay any monthly Access Fee within five (5) days after the date that the same is due and payable hereunder. 6. Notices. Any notices or payments hereunder shall be given in writing to the party for whom it is intended at the respective addresses set forth above, or such other address as may be designated in writing by notice given in accordance herewith, either in person, by registered or certified mail (return receipt requested and postage prepaid), by first class mail (postage prepaid) or by a nationally recognized overnight courier providing for signed receipt of delivery. Any such notice or payment shall be deemed given or received when delivered in person, when mailed if sent by certified or registered mail, when received if sent by first class mail, or when deposited for delivery with such overnight courier, whichever occurs first. 7. Construction of Agreement. This Agreement, which may be executed in multiple counterparts, is to be construed in accordance with the laws of the United States and the 0) HWD2 1040174v2 State of Florida. This Agreement sets forth the entire contract between the parties hereto, is binding upon and inures to the benefit of the parties hereto and their respective successors and assigns, and may be canceled, modified or amended only by a written instrument executed by both Provider and User. 8. Termination. Either party may terminate this agreement, upon giving ninety (90) days prior written notice to the other in accordance with the terms hereof for any reason or no reason at all. Such termination shall be deemed effective at the end of such ninety (90) day period. 9. Sublet/Subleases. As the demand for direct communication between the various local law enforcement agencies, first responders, and others, becomes a higher priority, User might decide it is beneficial to issue a portion of their authorized radio allotment to another entity. Prior written approval must be obtained from the State of Florida Department of Management Services and Provider to ensure compliance with the covenants of the 3rd Party Agreement between the State of Florida Department of Management Services and User. User shall remain ultimately responsible for payment of all Access Fees as set forth in Sec. 2 above for all equipment activated on the radio network in accordance with their 3rd Party Agreement. User may, at its discretion, require payment of radio subscription fees by the entity desiring direct communications as a condition of usage. User is solely responsible for collecting subscription charges from any entity in which they issue a radio for direct communications. Regardless of whether such entity pays such subscription charges, User shall pay the Access Fee set forth in Sec. 2 above for radios even if used by another entity. User's total radio count plus and radios issued to direct connect entities may not exceed the User's authorized radio allotment outlined in the 3rd Party agreement with the State of Florida Department of Management Services. 10. Equipment List. The equipment list is encapsulated into Exhibit A of this agreement. The equipment list will contain the manufacturer's serial number of each radio that will be included on the network. Additions to the equipment list must be made via fax, email, or regular postal service. Prior to being added to the network, provided the additional equipment does not exceed the maximum authorized quantity as specified in the State of Florida Department of Management Services Approval Letter. 3 HWD2 1040174v2 IN WITNESS WHEREOF, this Wireless Services Agreement is entered into as of the date first written above. HARRIS CORPORATION, acting through its RF Communications Division In Title: Date: COUNTY, FL Title: Date: 4 HWD2 1040174v2 0 Exhibit A City Entity Contribution Enter notes here 1 1 System Infrastructure deploymen C plannln& coordination 1 and management fee: 21 1 Dispatch Center 31 1 Subscriber usage 41 (Subscriber Radios Total Radlos: ISDares '1Percentof'.Total. 731 4f10.3 l9k $1,423.717.491 $1,139.973.991 $284.743.501 $184,063.261 S147,250.611 S36.812.651 57,884.001 $6,307,201 S3,576801 $346,763.461 $277.410.771 S69,3S2.691 1 N/A I Clty Flea Rescue Barium Control Stations 1 511A14.261 I I Mobile.M7300.DES.764-87Dk8HLHalf Duplex I 1 I I Featum.PMSon Roam w/Priority Svs Son I I 1 Feature.Max(1024+1 Svstem/Groups 1 1 I I Feature. EDACS SeNritv Kev I I I I Feature PadkaeeA25 Trurddne & ProVoitt I I I IDesktop Sta on.CS-7000.Local/Remote I I I (control Unk.CH721.Scan.Frm1 Mount i I I I Ml000hone.Desktoo.M7300.CH-721 CU I 1 I I Bradket KItAadk Mount.CS-7000 ] IANTENNA.YAGI.806-866MHZ.60B 1 I I I861n Coen Rack with Shelves 1 V 1 ICable.CAN.250R 1 1 I Mountlne Hardware ! i IJumDers and Connectors I I I Transmission Line ! 1 I (Control Head Power Suooly lRemotel I I I IGroundina Hardware 1 I I iinstalletion and Proaremming I 1 . 1 "N/A ;-; li]it�Kii Ri• G%'ldtitroCStitlon -: . � "*. t . , v2 •'< 1.. .S9.494361 I 1 MobIle.M7300.764-970MHz.Hatf Dolx.No Enc I 1 1 1 Featum.PmScan Roam w/Prioritv Svs San l 1 1 I Feature.Maxt1024+1 System/Groups 1 1 I I Feature, EDACS Security Kev 1 1 I I Feature Parkaee.P25 Trunkine & P-Voice I I I I Desktop Statlon.CS-7000,tool/Remote ! I I ]Control Unit.CH721Son.Front Mount I I 1 I Mlcroohone.Desktoo.M7300.CH-721 CU I 1 1 IANTENNA.YAGI.806-966MHZ.6DB I I 1 1 Moumine Hardware 1 I (lumoers and Connectors I I I ITransmission Une I I 1 I Groundbra Hardware I Mobile.M7300.764-8701VIHZHalf Do1x.No Enc 1 Feature.ProScan Roam w/Priorlty Svs San I Feature.Max(1024+1 Svstem/Groups (Feature. EDACS Security Kev I Feature Padkage.P2S Trunkine & ProVoice (Control UnR.CH72LScan.Front Mount IAasssodes.M7300 Front Mount IM c ophone.Standard.CH721 Control Unit IMtenna,700/BOOMHL3d8 Gain,Roof Mount I Feature.141301024+1 Svstem/Groups 1 IFeature.ProSan Roam w/Prfority Svs Son 1 IFeature,ESK/P25 Personalkv Lock I (Feature Padw2e.P25 TrunkVne & Provoke 1 IOotlon.lmmersible Radio Operation I I BattervAIMH.Extra Mah Caoacty 1 IAntenna.806-870MHLFlexible End -Fed Gain I IMkroohone.tapel/Antenna Provision r IChareer.Trl-Chemistrv.Sinele.P7200 I ICauStnd.Leather.Rek L000 & Swivel IProuammina - I I N/A.ICkv Pollm Deoer ment Badprn Co trof Sptbns I 53141a 261 I 1Mobile, 730ODES.764-87OMHz.Half Duplex 1 I I IFeature.ProScan Roam w/Prlority Svs San I I I I Feature.Max(1024+1 System/Groups 1 I I (Feature. EDACS Security Kev I I I !Feature Padkaee.P25 Trunkine & ProVoioe k I 1 I Desktoo Statlon.CS-7000.Lool/Remote I I I IControl Unit.CH72J-Son.Front Mount 1 I 1 I Mkroohone.Desktoo.M7300.CH-721 CU I I I IBracket Kit.Rack fAmnt.CS-700D ! I I IANTENNA,YAGI.806-866MHZ.6DB I I 1 1861n Ooen Rack with Shelves I 1 1 ICahIn.CAN.250k I Mounfine Hardware I ! I IJumoers and Connectors 1 I I !Transmission Une I I 1 IControl Head Power Suoo)y lRemotel I 1 IGroundine Hardware 1 1 I Ilnstallation and Proerammine I I I N/A I Oev Polki DeoaRment Control Stations i S9.863.261 1 I Mobile.M7300.DE5.764.87DMHZ.HaH Duoiex I 1 I IFeature.PnoSon Roam w/Priority Svs Son I ! I IFeature.Max(1024+1 Svstem/Groups I 1 I I Feature. EDACS Security Kev 1 I I (Feature Parlcaee.PZ5 Trunkikta & P-Voice 1 1 I IDesktoo Statlon.CS-7000.Lool/Remote 1 I 10.34%1 33.33%1 100.00%I 100.00%1 Entity Total: $112,642.69 Exhibit A City I I IContrd Unit.CH721.5on.Front Mount 1 I I I I M(aophone.Deskrop.M7300.CH-721 CU I I I IANTENNA.YAGI.806-866MHZ.6DB 1 I I IMounrina Hardware I I I I Ilumoem and Connectors I I I I ITransmisslon line I I I I IGroundine Hardware I I I Ilnstallatlon and Programming I I 1 7300.DES.764-870MHz.Half Duolea Mobile.MoSo IFesturc.Prn Roam w/Priority Sys Son I I I (Feature Max(1024s) System/Groups I I I I Feature. EDcriy KyAC¢S III III I IFeature PaeP25 Trunkina & ProVoice III IControl UkCH721.Son.Rerrwte Mount IAmessorieM7300 Remote Mount 1 I I I I Ml—hone.5t3ndard.CH721 Control Unit I I I IAntenno.700/800MHz.3dB Gain.Roof Mount I I I (installation and Proerammin¢ I I /f _ Portable.64B-DES.P725o.760.870MHt5can I Feature.Max(ID201,Svstem/Groups �' I I I :Feature'a ProScan Roam w/Priority Svs Scan I I I I Feature ESK/P25 Personally Lod I I I ( Feature Padaee.P25 Tmnklne&ProVolm ( ! IAntmna.806-870MHz.Fledble End -Fed Gain I I I IMicroohme.Laxl/Antenna Provision I I I I Eamhme.Laoei Miaoohone I I I ICharaer.Trl-Ch—WrvSlyde.P7200 I I ICaseStnd.leather.Belt Loop & Swivel I I 2 I IProarammin¢ i I 7 Mobile.M7300.764-870MHLHaH Dplx.No Enc I I Feature ProSon Roam w/Priority Sys Son I I _ I I Feature.Mate x(1024'1 SVsm/Groups I I I Feature. EDACS Secvrkv Kev 1 I Feature Pack ae.P25Tmnkln¢&ProVolce I I I IControl U.ZC 72L5can.Front Mount I I I IAccessories.M7300 Front Mount I I IMlamhme.Standard.CH721 Control Unit I I I IAntmna.700/800MHz.3dB Gain.Roof MountLaw I I I IInstallation and Proerammine 1 I Portable.P5250.ProVolce.764-870MHz Feature.ESK/P25 Personally lock I I I(Feawre.ProRmm(ProSmn/Prioritv5vs5on) I IFeaNre.512 EDACS Svs/Gms I 1 I Battem.NIMH.Extra Hi Caoadtv.DR IChomer.Tri-Chemistrv.Slnde.P5100/P5200 I I I IAntmna.806-870MHz.Flexible End -Fed Gain I I I Miaouhone.l.—I I I I ICase.Stnd.Leather.8ek Loop & Swivel I I I IPro¢nmmin¢ I I lv- � -09 City of Okeechobee 55 SE 3'd Av Okeechobee FL 34974 2932 Addect Offrce of the City Administrator Brian Whitehall Ph 863-763 3372 Fax 763-1686 email: bhttehall a�itvofokeechobee.com * * * * *Memorandum O TH76 Date: October 6, 2009 TO: Mayor & City Council, City Staff FR: Adm Whitehall RE: SLERS radio Agreements — Agenda addition On the Agenda for Council action (New Business, Item G, Exhibit 7) is the Wireless Services draft Agreement (WSA). In connection with that process, please add to the Agenda, Item H, the MEMO OF UNDERSTANDING between the County and the City. The Memo is attached hereto. To help in the radio presentation a representative from Harris Corp will be present along with Dep Co Admin Jim Threewits. Statewide Law Enforcement Radio System (SLERS) MEMORANDUM OF UNDERSTANDING THIS Memorandum ofUnderstanding (MOU) is made and entered into between the Okeechobee County, ( "County"), and the City of Okeechobee ("Agency"). WITNESSETH WHEREAS, both the County and the Agency have each determined that it is in their best interest and the best interest ofthe citizens of Okeechobee County to standardize the radio communications systems used by each with the Florida Statewide Law Enforcement Communications System ("SLERS") and WHEREAS, both the County and the Agency have obtained authorization from the State of Florida Department of Management Services ("DMS") to add a specified number of radio units to the SLERS system; and WHEREAS, both the County and the Agency have, orwill, enter into a Wireless Services Agreement with Harris Corporation, the state authorized provider ofequipment and services for the SLERS system (the "Provider") to purchase the communication equipment and installation necessary for the Agency's needs; and WHEREAS, the County has obtained a federal grant administered through the state to fund approximately seventy-five (75%) ofthe cost ofthe equipment necessary for the County, the Agency, other local agencies as well as the construction of a new communications tower to enhance the existing coverage of the SLERS system; and WHEREAS, Okeechobee County has agreed to facilitate the equipment acquisition for the Agency with the Provider and assist the Agency in the purchase and installation of such equipment through its grant. NOW, THEREFORE, in consideration of the premises, and in consideration of the mutual conditions, covenants and obligations hereinafter expressed, it is agreed as follows: I . That the foregoing recitals are true and correct and constitute a material inducement for the parties to enter into this MOU. 2. That upon execution by the Agency ofits Wireless Services Agreement with the Provider, the County will order and coordinate with the Provider the installation of the communications equipment attached as Exhibit "A" to this MOU. The County shall utilize the portion of its grant award shown in Exhibit "A" to fund the approximately 75% ofthe Agency's equipment with the Agency being responsible [7000-82474_WPD] Statewide Law Enforcement Radio System (SLERS) for the balance. Additionally, the Agency will be responsible for its pro-rata share of the system infrastructure deployment, new tower together with its equipment requirements which are also shown on Exhibit "A". Any differences between exhibit "A" and the exhibit attached to the Wireless Services Agreement with the Provider shall be reconciled, however increases in cost due to equipment additions, changes or enhancements shall be the sole responsibility of the Agency. 3. That upon receipt of an invoice and supporting documentation from the Provider, the County shall advance and pay from its grant award the percent shown on Exhibit "A". The County shall thereafter make a request for payment of the balance and provide a copy of the invoice and documentation to the Agency containing sufficient detail to enable the Agency to determine and audit that the remaining amount sought is within the scope and intent of this Agreement. 4. That the Agency shall pay the County within ten (10) days from delivery of the request and supporting documentation. In the event that the Agency objects to a component of an invoice or supporting documentation, it shall pay the County for all but the objectionable portion and shall provide the County in writing with the basis for the objection. 5. That the County's obligation to fund the Agency's equipment purchase and installation under this Agreement shall riot exceed the amount shown in Exhibit "A" without the further approval of the parties and is expressly conditioned upon its actual receipt of the grant funds awarded. 6. The agency acknowledges that it is solely responsible for any and all monthly subscriber access/user fees due to the Provider for system operation as well as any other Agency costs including, but not limited to, dispatch, Agency terminal maintenance, and Agency equipment replacement costs and that the County makes no warranty, express or implied as to the nature, condition, or capabilities of the SLERS system, the equipment provided under this MOU or the Wireless Services Agreement with the Provider. 7. That for the period of time the Agency remains a subscriber utilizing the SLERS system, it shall appropriate and pay its pro-rata share of annual tower and tower equipment maintenance costs, if any, not borne by the state or the Provider. The percentage of responsibility shall be calculated based upon the number ofradio units authorized by DMS for the Agency to the total number ofradio units allocated by DMS to the County, City of Okeechobee, Okeechobee Utility Authority, Okeechobee School Board and the Okeechobee County Sheriffs Department. 8. That the Agency shall timely pay the Provider and the County as agreed and upon activation, shall utilize the SLERS system and equipment acquired in accordance with the rules and regulations [7000-82474.wro] LJ 0 promulgated by DMS and the Provider. Statewide Law Enforcement Radio System (SLERS) 9. Each party agrees to defend, indemnify and hold harmless the other party, its officials and employees from all claims, actions, losses, suits, judgments, fines, liabilities, costs and expenses (including attorney's fees) attributable to its negligent acts or omissions, or those of its officials and employees acting within the scope of their employment, or arising out of or resulting from the indemnifying party's negligent performance under this MOU. Nothing contained herein shall constitute a waiver of sovereign immunity or the provisions of Section 768.28, Florida Statutes. The foregoing shall not constitute an agreement by either party to assume any liability for the acts, omissions and/or negligence of the other party. IN WITNESS WHEREOF, this Memorandum ofUnderstanding has been executed by and on behalf of Okeechobee County and the Agency on this ATTEST: an Sharon Robertson, Clerk, Board of County Commissioners ATTEST: LI-M Lane Gamiotea, Clerk [7000-82474. W Pp] day of October, 2009. BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA CLII+' BETTS, Chairman (Seal) CITY OF OKEECHOBEE, FLORIDA JAMES E. KIRK, Mayor