The URL can be used to link to this page

2009-11-031 CITY OF OKEECHOBEE NOVEMBER 3, 2009 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: November 3, 2009, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Paul E. Jackson, Sr., International Prayer Warriors for Life; 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 - Andy Hanson, Florida League of Cities. A. Present a 20-Year Service Award to Mayor James E. Kirk PAGE 10F 14 Mayor Kirk called the November 3, 2009 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Reverend Jackson, International Prayer Warriors for Life; Followed by the Pledge of Allegiance led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Absent (Lt. Hagan was present) Present Present 369 At the Annual Conference of the Florida League of Cities, elected officials who have served 20, 25, 30 or more years are recognized. Mr. Hanson, (from the FLC) presented a Years of Ser iceAwardto Mayor Kirk, which was a plaque and years of service pin, denoting the 20-years. Mayor Kirk serves as a prototypical role model for other public servants across the state, and indeed the nation, who work every day to provide the best in municipal service to their citizens, and deserves to be recognized for his longstanding accomplishments, dedication and hard work. Mayor Kirk thanked Mr. Hanson for coming to make the presentation, of which he graciously accepted. 370 NOVEMBER 3, 2009 - REGULAR MEETING - PAGE 2 OF 14 V. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a 10-Year Service Award to Sue Christopher. III Ms. Sue Christopher graciously accepted a 10-Year Service Award. The framed Certificate of Longevity Service, and ` sweater, with the City Seal, was presented by Mayor Kirk in recognition of her dedication as an employee with the City. B. Present a 5-Year Service Award to Justin Bemst. III Mr. Justin Bernst graciously accepted a 5-Year Service Award. The framed Certificate of Longevity Service, and engraved cross pen, was presented by Mayor Kirk in recognition of his dedication as an employee with the City. C. Proclaim Buddy Poppy Week (item was added to the agenda). Mayor Kirk proclaimed November 8 through 11, 2009 as Buddy Poppies Week. The following proclamation was read in its entirety for the record, and given to the City Clerk to forward to the appropriate recipient: "WHEREAS, the annual distribution of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by govemmental leaders since 1992, and WHEREAS, VFW Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans; and WHEREAS, the basic purpose of the annual distribution of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to "Honor the Dead by Helping the Living." NOW THEREFORE, 1, James' E.1 irly Mayor of the City of Okeechobee, do hereby urge the citizens of this community to recognize the merits of this cause by contributing generously to its support through your donations for Buddy Poppies on November 8 -11, 2009 set aside for the distribution of these symbols of appreciation for the sacrifices of our honored dead. ► urge all patriotic citizens to wear a Buddy Poppy as mute evidence of ourgratitude to the men and women of this country who have risked theirlives in defense of the freedoms which we continue to enjoy as American Citizens." D. Proclaim Farm City Week (item was added to the agenda). III Mr. Whitehurst sent a message that he would be arriving late to the meeting. Mayor Kirk advised that he would present the Proclamation upon Mr. Whitehurst arriving. VI. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of III Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the October 6, 2009 Regular Meeting. October 6, 2009 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. KIRK - YEA WATFORD - YEA VOTE MARKMM -YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. NOVEMBER 3, 2009 - REGULAR MEETING - PAGE 3 OF 14 371 1 VII. WARRANT REGISTER - City Administrator. A. Motion to approve the October 2009 Warrant Register: General Fund ............................. $490,230.40 Public Facilities Improvement Fund ............ $329,787.02 Capital Improvement Projects Fund -Impact Fees $ 13,943.20 VIII. AGENDA - Mayor. Council Member Watford moved to approve the October 2009 Warrant Register in the amounts: General Fund, four hundred ninety thousand, two hundred thirty dollars and forty cents ($490,230.40); Public Facilities Improvement Fund, three hundred twenty-nine thousand, seven hundred eighty-seven dollars and two cents ($329,787.02); and Capital Improvement Projects Fund -Impact Fees, thirteen thousand, nine hundred forty-three dollars and twenty cents ($13,943.20); seconded by Council Member Markham. There was no discussion on this item. KIRK - YEA WATFORD - YEA VOTE MARKHAM - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests forthe addition, deferral orwithdrawal of items on today's agenda? agenda. There were none. IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to read by title only, 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 71' Avenue from 40' to a Streets and to close Northwest 5" Street from V' 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. c) City Attorney to read proposed Ordinance No. 1052 by title only. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:11 P.M. Council Member Watford moved to read by title only, 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 V' Avenue from 41' to 6`h Streets and to close Northwest 5"' Street from 71 Avenue 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. Attorney Cook read proposed Ordinance No. 1052 by title only as follows: "AN ORDINANCE CLOSING, VACATING ANDABANDONINGAPORTION OFNORTHWEST r A VENUEANDA PORTION OFNORTHWEST51H 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." NovEMBER 3, 2009 - REGULAR MEETING - PAGE 4 of 14 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No. 1052. b) Public comments and discussion. Council Member Markham moved to adopt proposed Ordinance No.1052; seconded by Council Member O'Connor Mayor Kirk asked whether there were any comments or questions from the public? There were none. Deputy County Administrator Jim Threewits was present to address questions from the Council. County Attorney Cassels requested (by letter to Mayor Kirk) that Sections Two and Three be deleted from the ordinance. In his letter he cites, "As I am sure you are aware, despite the budget difficulties that we are all facing, the County will be paying the Hamrick Trust the sum of $155,000.00 to remove any possible reversionary interest that it may have. Although the jail expansion, is some years in the future, the County Commission will be deciding shortly whether to proceed with the EOC or delay' the project until the budget improves. Given the amount of this investment, together with the fact that the applicant is a sister government and the intended use is to construct public facilities, we would respectfully request that the reversionary provision contained in the ordinance be deleted. This request is especially important given the uncertainly of the construction timing in light of the current economic situation and budget constraints." Attorney Cook advised the Council he did not have any objections to deleting this section. Council Members Markham and Watford stated their objections, based on past experiences with closing streets and alleys. No one knows what can happen in the future and should the County abandon the project for that site, those roads may need to be open. The County can request an extension of the reversionary clause time period, as has been done in the past. In regards to deleting Section Two pertaining to the utility easement, Attorney Cook offered revised language. Attorney' Cassels objection (via letter) read, ".... the retention of the utility easement within Northwest 71h Avenue would prevent construction of the facility due to its location within the footprint of the building. The existing waterline is scheduled to be relocated or removed and the adequacy of utilities for this complex will be addressed in the site review process." Mr. Threewits added that it was his understanding that the easement would be abandoned, and not relocated, as this waterline will not be necessary once the improvements to the water infrastructure are made in connection with the project. Council Member Watford moved to amend proposed Ordinance No.1052. Section Three, change 24 months to 36 months. (and provide lanauaae to clarify an extension may be reauestedl. Section Two lanauaae should be amended to add at the end of the DaraaraDh. "... and as it is anticipated such easement will be re -located or abandoned in the future, said easement shall be effective until such time and date as a successive easement is recorded in the Dublic records from Okeechobee County. Florida to the Okeechobee Utility Authority which reflects the location and descriDtion of the re -located or abandoned utility easement. This replaced easement shall be forwarded to the Office of the City Clerk. City of Okeechobee. Florida immediately_ upon recordina to document the effective date thereof:" seconded by Council Member Markham. NOVEMBER 3, 2009 - REGULAR MEETING - PAGE 5 OF 14 373 1 1 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2.b) Public comments and discussion continued. c) Vote on motion. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA WATFORD - YEA WILUAMS - YEA O'CONNOR-YEA MOTION TO AMEND CARRIED. O'CONNOR - YEA MOTION CARRIED AS AMENDED. B.1. a) Motion to read by title only, proposed Ordinance No. 1053 regarding I Council Member Watford moved to read by title only, proposed Ordinance No. 1053 regarding the City of Okeechobee the City of Okeechobee General Employees/OUA Pension Trust General Employees/OUA Pension Trust Fund; seconded by Council Member O'Connor. Fund - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1053 by title only. 2. a) Motion to adopt proposed Ordinance No. 1053. b) Public comments and discussion. c) Vote on motion. 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 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." Council Member Markham moved to adopt proposed Ordinance No. 1053; seconded by Council Member O'Connor. Mayor Kirk asked whether there were any questions or comments from the public? There were none. Council Member Watford noted his concern with any changes to pension plans and added the Actuary Report and Pension Attorney's cover letter reflect that these amendments will not have a financial impact on the City. KIRK - YEA WATFORD - YEA VOTE MARKHAM - YEA WILLIAMS - YEA O'CONNOR-YEA MOTION CARRIED. NOVEMBER 3, 2009 - REGULAR MEETING - PAGE 6 OF 14 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. a) Motion to read by title only, proposed Ordinance No. 1054 regarding I Council Member Watford moved to read by title only, proposed Ordinance No. 1054 regarding the City of Okeechobee the City of Okeechobee Municipal Police Officers' Pension Trust Municipal Police Officers' Pension Trust Fund; seconded by Council Member O'Connor. Fund - City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1054 by title only 2. a) Motion to adopt proposed Ordinance No. 1054. b) Public comments and discussion. c) Vote on motion. KIRK - YEA WATFORD - YEA VOTE MARKHAM - YEA WILLIAMS - YEA O'CONNOR - 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, F/NANCESAND FUND MANAGEMENT;AMENDING SECTIONS, CONTRIBUTIONS, AMENDING SECTION6, BENEFITAMOUNTSAND 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, MIN►MUMD►STRIBUTIONOFBENEF/TS; 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 - ASSIGNAB►LITY; AMENDING SECTION 21, FORFEITURE OF PENSION; AMENDING SECTION 26, DIRECT TRANSFERS OFELIGIBLE 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." Council Member Markham moved to adopt proposed Ordinance No. 1054; seconded by Council Member O'Connor. Mayor Kirk asked whether there were any questions or comments from the public? There were none. The Council's same concerns are noted. The Actuary Report and Pension Attorney's cover letter reflect that these amendments will not have a financial impact on the City. KIRK - YEA WATFORD - YEA VOTE MAR - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. NOVEMBER 3, 2009 - REGULAR MEETING - PAGE 7 OF 14 375 1 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. 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, proposed Ordinance No. 1055 regarding the City of Okeechobee public hearing date for proposed Ordinance No. 1055 regarding the Municipal Firefighters' Pension Trust Fund; seconded by Council Member O'Connor. City of Okeechobee Municipal Firefighters' Pension Trust Fund - City Attorney (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1055 by title only 2. a) Motion to adopt proposed Ordinance No. 1055. 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 SECTION 3, BOARD OF TRUSTEES; AMENDING SECTION 4, RNANCES AND FUND MANAGEMENT, AMENDING SECTION 5, CONTRIBUTIONS, AMENDING SECTION k BENERTAMOUNTSAND ELIGIBILITY, AMENDING SECTION 7, PRE -RETIREMENT DEATH, AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENERTS, 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, AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN, PROVIDING FOR CODIRCATION; PROVIDING FOR SEVERABILITYOFPROVISIONS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 1055; seconded by Council Member Watford. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public? There were none. The Council's same concerns are noted. The Actuary Report and Pension Attorney's cover letter reflect that these amendments will not have a financial impact on the City. c) Vote on motion.. KIRK - YEA WATFORD - YEA VOTE MARKHAM - YEA WIWAMS - YEA O'CONNOR - YEA MOTION CARRIED. 376 NOVEMBER 3, 2009 - REGULAR MEETING - PAGE 8 OF 14 CLOSE PUBLIC HEARING - Mayor. 111 MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:37 P.M. V. PRESENTATION AND PROCLAMATIONS REVISITED. D. Proclaim Farm -City Week. Mayor Kirk advised Mr. Whitehurst had arrived and would make the presentation to proclaim Farm -City Week. The proclamation was read in its entirety: WHHEREAS, American farmers and ranchers literally help feed the world by producing a bounty of agricultural products. To do this, they rel y on essential partnerships with urban and suburban communities to supply, sell and deliverflnished products across the country and around the globe. Rural and urban communities working togetherhave made the mostofournadon's rich agricultural resources as they contribute to the health and well being of our country and to the strength of our economy; and WHEREAS, during National Farm City Week we recognize the importance of this cooperative network. Agriculture employs more than 24 million workers, including farmers and ranchers, shippers, processors, marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.3 trillion to our gross domestic product The agriculture industry provides us with food and clothing, as well as fuel for our energy needs. And as we welcome new opportunities for trade, the hard work and successful cooperation between farmers and city workers will continue to playa vital role in our nation's future; and WHEREAS, Faun City collaborations help maintain and improve our food and fiber supply and contribute to a better quality of life for countless citizens. We commend the many Americans whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all, and WHEREAS, as we gather with family and Mends around the Thanksgiving table, N is fitting that we count among our blessings the vital Farm City partnerships that have done so much to improve the quality of our lives; and NOW, THEREFORE, /, James E. K/rly by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the period of November 20 - 26, 2009 as "Farm City Week"; and 1 do further call upon all citizens in rural and urban areas to acknowledge and celebrate the achievements of all those who, working together, produce and supply our community and nation with an abundance of agricultural products." Mr. Whitehurst thanked the Council for taking the time to make this presentation, and invited everyone to attend the Annual Luncheon on Thursday, November 19 at 11:30 a.m., at the KOA Kampgroud. X. OPEN PUBLIC HEARING FOR COMPREHENSIVE PLAN AMENDMENTS III MAYOR KIRK OPENED THE PUBLIC HEARING FOR COMPREHENSIVE PLAN AMENDMENTS SURROUNDING SURROUNDING THE 10-YEAR WATER PLAN FOR TRANSMITTAL TO THE 10-YEAR WATER PLAN FOR TRANSMITTAL TO DCA AT 6:42 P.M. DCA - Mayor. A.1. a) Motion to read by title only, proposed Ordinance No.1056 regarding 111 Council Member Watford moved to read by title only, proposed Ordinance No.1056 regarding the 10-Year Water Pan; the 10-Year Water Plan - City Consultant (Exhibit 5). seconded by Council Member Markham. NOVEMBER 3, 2009 - REGULAR MEETING - PAGE 9 OF 14 377 1 X. PUBLIC HEARING FOR TEXT COMP PLAN AMENDMENTS CONTINUED. A.1. b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1056 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 1056. b) Public comments and discussion. Attorney Cook read proposed Ordinance No. 1056 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE; OKEECHOBEE COUNTY, FLORIDA, AMENDING THE TEXT OF THE POTABLE WATER SUB - ELEMENT OF THE SANITARY SEWED SOLID WASTE; DRAINAGE POTABLE WATER AND NATURAL GROUNDWATERAQU►FERRECHARGEONFRASTRUCTURE)ELEMENT, THECONSERVATIONELEMENT, THE INTERGOVERNMENTAL COORDINATION ELEMENT AND CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVEPLANINORDER TO COORDINATE THE CITrS COMPREHENSIVEPLANWITHTHESOUTH FLORIDA WATER MANAGEMENT DISTRICT'S KISSIMMEE BASIN WATER SUPPLYPLAN UPDATE, AND TO INCLUDE A 10-YEAR WATER SUPPLY FACILITIES WORK PLAN INTO THE COMPREHENSIVE PLAN AS MANDATEDBYFLORIDA STATUTES 163.3177(6)(C);AUTHOR0NGTRANSMI7TALOFTHESEAMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, AND OTHER APPLICABLE AGENCIES FOR REVIEWAND COMMENTAS REQUIRED BY FLORIDA STATUTES; PROVIDING FORA CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 1056 for transmittal to DCA in accordance with Chapter 9J-11 FAC and F.S.163.3184(15); seconded by Council Member Williams. Mayor Kirk asked whether there were any questions or comments from the public? There were none. City Planning Consultant Bill Brisson appeared before the Council explaining that this amendment is basically a state requirement due to the revision of the South Florida Water Management Water Supply Plan. The 24-page report was reviewed by Council and Planning Staff, which resulted in the following amendment: Council MemberWatford moved to amend proposed Ordinance No. 1056. Attachment A. Paae 21. Policy 8.2 last sentence will now read. "The City shall adopt an ordinance which reauires the use of water -efficient landscaDma in all new development and redevelopment and reauire funcHonina rain -sensor device on all new automatic irrigation systems." Paae 22. Policv 8.9 chana_ a the year from 2010 to 2012. Paae 22. Policy 8.9 is deleted: seconded bv_ Council Member Markham. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. Nff A NOVEMOER 3, 2009 - REGULAR MEETING -PAGE 10 OF14 X. PUBLIC HEARING FOR TEXT COMP PLAN AMENDMENTS CONTINUED. A. 2. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. XI. NEW BUSINESS. A. Consider a request to remove requirements for sidewalk installation located at 110 SE 4t' Street - Corey Miller (Exhibit 6). B. Discussion regarding proposed changes to the sign regulations - City Planning Consultant (Exhibit 7). VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR COMP PLAN AMENDMENTS AT 7:09 P.M. Mr. Corey Miller, who is remodeling a non -conforming use residence to a conforming commercial office at 110 Southeast 4" Street is requesting the City Council waive the requirement for installation of sidewalks along both Southeast 4'" Street and 2nd Avenue. The Technical Review Committee has reviewed the site plan and did not offer a recommendation to abate the requirement. The Council along with City Staff and Mr. Miller discussed the sidewalk requirements, the economic hardship it creates for Mr. Miller, and the special conditions associated with installing a sidewalk along 4' Street due to the slope and grading, which in turn may require adding a retaining wall. Council Member Watford moved to allow a 12-month grace period for sidewalks to be installed along Southeast 4nh Street and 2na Avenue. for the site Dlan of 110 SE 46 Street. to allow for a conditional Certfcate of OccuDancv (CO). arace Deriod to beain the date CO is issued: second by O'Connor. Mr. Miller noted he would be able to accomplish this and appreciated the Council's time. KIRK - YEA WATFORD - YEA VOTE MARKHAM - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Mayor Kirk called for a Recess at 7:31 p.m. - The meeting was Reconvened at 7:40 p.m. The Council instructed City Planning Consultant to review the sign regulations again, and discuss areas of recent concern with the Planning Board for recommendations. In a memorandum, included in Exhibit Seven, Mr. Brisson states that, from what we have seen and heard, the use of banners and other temporary advertising devices has proliferated, and the current regulations remain unclear as to how many, how large, and for how long such device may be displayed. Specifically, the term 'temporary' is not defined; there is no limit on the number of banners allowed; and special business sale's event is not defined. NOVEMBER 3, 2009 - REGULAR MEETING - PAGE 110F 14 379 1 XI. NEW BUSINESS CONTINUED. B. Discussion regarding proposed changes to the sign regulations Consequently we find situations such as multiple banners and other apparent temporary signs on the same site which, continued. for all practical purposes are simply taking the place of standard signs. During the review of the sign regulations, we also found two other areas that need to be changed. The changes were discussed at the October 15, 2009 Planning Board meeting. After considerable discussion, the Planning Board approved the recommendations which have been forwarded to Council. The Council discussed the proposals and came to the conclusion that the recommendations were too complex for interpretation and enforcement. Staff was instructed to Do back. review the DroDosed chances again and make them as simDlistic as D_ ossible for intern_ rotation and enforcement. The matter will be brought back to the Council at a future date. C. Discussion regarding locally important issues to be considered Every 10 years the City is tasked with evaluating, appraising and reviewing the Comprehensive Plan. This is the first during preparation of the Evaluation and Appraisal Report EAR) for step in that review, also known as the Evaluation Appraisal Report (EAR). The Planning Board reviewed various issues the Comprehensive Plan - City Planning Consultant (Exhibit 8). that have been noted by the City Planners over the last few years. The recommendations for important issues to review in the EAR identified by the Planning Board are: 1. Resolve the mapping conflicts between the Zoning Map and the Future Land Use Map. 2. Identify and create a Commercial Overlay Area. 3. Re-examine the Taylor Creek Area and related plan polices in order to allow sensitive development along the creek. 4. Establish compatible and consistent urban design. 5. Emphasize pedestrian connectivity and establish streetscape standards within the City. The Council agreed that the issues identified were all logical and instructed Planning Staff to proceed with these issues to address during the EAR process. This is the only action necessary at this time. The next step in the process is a Scoping Meeting, and is tentatively scheduled to be in December. D. Motion to approve a Wireless Service Agreement regarding the Council Member O'Connor moved to approve a Wireless Service Agreement with Harris Corporation, RF Statewide Law Enforcement Radio System (SLERS) Program - City Communications Division, regarding the Statewide Law Enforcement Communications Systems; seconded by Council Administrator Whitehall and Deputy County Administrator Threewits Member Williams. (Exhibit 9). KIRK - YEA WATFORD - YEA VOTE MARKMM - YEA WILLIAMS - YEA O'CONNOR-YEA MOTION CARRIED. NOVEMBER 3, 2009 - REGULAR MEETING - PAGE 12 OF 14 XI. NEW BUSINESS CONTINUED. E. Motion to approve a Memorandum of Understanding regarding the Statewide Law Enforcement Radio System (SLERS) - City Administrator Whitehall and Deputy County Administrator Threewits (Exhibit 10). Council Member Markham moved to approve a Memorandum of Understanding, with Attorney Cook's amendment, to add at the end of Section 7 'This provision shall not be construed to prevent the Agency from terminating this agreement aftersystem activation in conjunction with termination of its Wireless Services Agreement with the Provider and ceasing to use the SLERS system. At such time as the Agency ceases to use the tower or tower equipment, it shall have no further obligation to pay its pro-rata share of the annual tower and tower equipment maintenance costs.' between the City and County regarding the Statewide Law Enforcement Radio System; seconded by Council Member O'Connor. KIRK - YEA WATFORD - YEA VOTE MARKWAM - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. F. Motion to accept a Warranty Deed from G-4 Land & Cattle Council Member Markham moved to accept a Warranty Deed from G-4 Land and Cattle Company for the North portion Company, Keith Goodbread, President - City Attorney (Exhibit 11). 11 of Lots 1 and 7 of Block 46, First Addition to South Okeechobee, (in order to widen the right-of-way of Southwest 21' Street as it intersects with South Parrott Avenue); seconded by Council Member O'Connor. Council discussed whether title insurance was purchased, Attorney Cook advised it was not necessary. Council also discussed whether this deed pre-empted any future developer from having to bear the expense of the construction of turnings lanes or any other improvements required by the Department of Transportation (DOT), both Administrator Whitehall and Attorney Cook answered that it would not. Anyone who wants to develop the property located at the Southwest corner of this intersection will go through the same process, and must meet any requirements slated by DOT, at their own expense. The legal descriDtion of the DrODerty being deeded to the City was discussed, as It seems to be confusinq, and aaaears to leave a three-foot by 300-foot piece, in the center of the DroDertq, not dedicated to the City. Staff was instructed to review the matter before final acceptance of the Warranty Deed. Council Member Watford moved to DostDone this matter until the December tat City_ Council meeting; seconded by Council Member Markham. KIRK - YEA WATFORD - YEA VOTE MAiwmm - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. XI. NEW BUSINESS CONTINUED. G. 7.1 1 11 NOVEMBER 3, 2009 - REGULAR MEETING - PAGE 13 OF 14 381 Motion to approve an agreement between Okeechobee Main Street, Ill Council Member Watford moved to approve an agreement between Okeechobee Main Street, Inc. and the City of Inc. and the City of Okeechobee - City Administrator (Exhibit 12). Okeechobee; seconded by Council Member O'Connor. Motion to approve the 2009 Fiscal Year Budget Amendments - Account Supervisor/City Administrator (Exhibit 13). Motion to approve the 2010 City Vehicles purchase - City Administrator. Council Member Williams noted the indemnification section, and questioned whether the required amount of liability insurance was sufficient? Mr. Burroughs responded, the coverage is actually more. The consensus of the Council was to amend the aareement to reflect the amount thev carry. which is $1 million. KIRK - YEA WATFORD - YEA VOTE MARKHAM - YEA WILLIAMS - YEA O'CONNOR-YEA MOTION CARRIED. Council Member Watford moved to approve the 2009 Fiscal Year Budget Amendments; seconded by Council Member O'Connor. Summary of the 2008-2009 Fiscal Year Budget Amendments are: Beginning Balance Total Revenues Total Expenditures Total Transfers -In Total Transfers -Out FY End Balance KIRK - YEA WATFORD - YEA AMENDED BUDGET $9,142,016.00 $5,437,581.00 $5,442,354.00 $ 339,654.00 $7,052,941.00 $2,428,729.00 ADOPTED BUDGET $9,142,016.00 $5,375,537.00 $5,323,765.00 $ 322,022.00 $7,044,941.00 $2,812,900.00 VOTE MARKHAM - YEA WILLIAMS - YEA BUDGET TO BUDGET $0.00 ($62,044.00) ($118,589.00) ($17,632.00) ($8,000.00) $384,171.00 O'CONNOR-YEA MOTION CARRIED. It is time once again to address the annual vehicle lease program. Over the last 20 plus years the City has been obtaining vehicles for the Police, Fire, Administration, General Services and Code Enforcement Departments through the annual leasing program. This program allows the City to purchase new vehicles, lease them for one year and sell them to other agencies. The number of vehicles leased has decreased due to the decline in revenues. Last year Staff began comparing whether some of the vehicles could be purchased rather than leased, as re -sale of the vehicles has also become more difficult. The Code Enforcement Officer's vehicle was purchased rather than leased last year. This year Staff is proposing to purchase the vehicles for the Police Chief, Fire Chief and Administrator, all others will be through the leasing program. The types of vehicles are also changing, as not all need to be police package types. 382 NOVEMBER 3, 2009 - REGULAR MEETING - PAGE 14 OF 14 Xl. NEW BUSINESS CONTINUED. I. Motion to approve the 2010 City Vehicles purchase continued. XII. 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. 7 " ee ATT T: fames E. Kirk, Mayor CL17 Lane 6amiotea, CTL IC, City Clerk Council Member Watford noted he would be abstaining from voting as his employer was one of the bidders. Council Member Williams moved to 8Dcrove the Annual Vehicles Leasina and Purchase. as aresented (in the Exhibit (14) distributed at the meedngl: seconded by Council Member O'Connor. The State Bid was the lowest bidder, excluding the Fire Chiefs vehicle, which was Okeechobee Ford Motor Company. They are as follows: Leasing Program: 14 Police Package Crown Vic's ($291,382), 5 Police Package Dodge Chargers ($99,440.00). Purchases: Police Chief - 1 Dodge Charger $19,938.00, Fire Chief - 1 F150 44 Truck $25,750; Administrator -1 Ford Escape $16,403.00. VOTE KIRK - YEA MARMAM - YEA O'CONNOR - YEA WATFORD - ABSTAINED* WILLIAMS - YEA MOTION CARRIED. There being no further items on the agenda, the meeting was adjourned 'at 9:12 p.m. The next meeting will be December 1, 2009 at 7:00 p.m. *A Conflict of Voting Form was completed and is on file in the Office of the City Clerk. r i U M INDEPENDENT-- ®NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 1701 Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 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 f in. the matter of (� j / 4L, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of r� (t, Affiant further says that the said Okeechobee News - - is a newspaper published at Okeechobee, in said "Tf I Okeechobee County, Florida, and that said newspaper worn ss xErtEs,rn rnat dre eRy e«.a u,e txy of Okee- � M meet m �^ on �tr * � 2M, p tn, at aty PAM 55 5E 3M Ave, Rm 2M, Fonda. The has heretofore been published continuous) in said P Y pubn�taY,daeda„der,coiy8&ft Wm m adrbtwn m adveitlsed maltersandtter�s the d� ' "" Okeechobee County, Florida each week and has been Ap=3W ofthe PimvdbeW. "tom k �wM entered as second class mail matter at the post office in �««a � b�maae of f M the Okeechobee, in said Okeechobee County, Florida, for a �9N �Y Dgs� vAa � so* to aPD� 1=WO v mat 11 rtonced nerds We �� a verbntlm retard of the buM.tmamM � at w� �n tar b bay. Pease v�Mite ;� 72a. period of one year next preceding the first publication P Y P g P of the attached copy of advertisement, and affiant fur- wkac °" or needr1V ,t to &N d"o W m t�ADA) � 'mod dx aty aeks OMm 863) 3372 far waste. ther says that she has neither paid nor promised any (wnW at by:3--elad Or- My act person, firm or corporation any discount, rebate, com- 337M ON 1l W099 mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Judy Kasten d to a subscribed before me this _SOrn day / " AD • of 6� Notary Public, State of Florida at Large NOTARY PUBLIC -STATE OF FLORIDA Angie Bridges Commission # DD779718 Expires: APR. 20, 2012 BONDED xxRU ATLA MC BONDDVO CO., INC. I I- 3-oq F, I e, n IV V�l 6 /tj4-..j do --1 L AJ 7� 7e� Pat LucaL r� �OIL'� fC- 0 0 fy, 6. 1 I' l C 14 116 l I i P-lc-a-L f 3/ I • Kz_ f�1 5-0) `�,�J _. ,�.,�.,OC;�--�n-'l�l��[:.�i�i .`�V� / `��t�✓�Y-�.... -IN,Q.,�(.�-. (C"�- U (�(��ic�-- _ c/ G' �x � 1 - 46 _--b rL17 `C a d, eb / 6 IV6 r- Poo `71 c kit wC4,�� 0 L i)o �, -? cl� /�� '. Z/O tom. �i .. � �µ!,v� /,' G �:iV ✓_ p v r , llj2-,i4& O*tt-x� .—.-Lz Wa"kp- /"Lt- J i `/ �---- cA-ro IV. CALL TO ORDER - MAYOR: OPENING CEREMONIES: CITY OF OKEECHOBEE NOVEMBER 3, 2009 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA November 3, 2009, City Council Regular Meeting, 6:00 p.m. Invocation given by Rev. Dr. Paul E. Jackson, International Prayer Warriors for Life; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL MEMBERS, 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 PRESENTATION - Andy Hanson, Florida League of Cities. A. Present a Twenty -Year Service Award to Mayor James E. Kirk. PAGE 10F 5 NOVEMBER 3, 2009 PAGE 2 OF 5 V. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Ten -Year Service Award to Sue Christopher. B. Present a Five -Year Service Award to Justin Bemst. VI. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 6, 2009 Regular Meeting - City Clerk. VII. WARRANT REGISTER - City Administrator. A. Motion to approve the October 2009 Warrant Register. General Fund $490,230.40 Public Facilities $329,787.02 Capital Improvement/Impact Fee Fund $ 13,943.20 VIII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only, 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 NW 7'h Avenue from NW 0 Street to NW 611 Street and to close NW 51h Street from NW 71h 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. c) City Attorney to read proposed Ordinance No. 1052 by title only. NOVEMBER 3, 2009 PAGE 3 OF 5 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.2.a) Motion to adopt Ordinance No.1052. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only, proposed Ordinance No.1053 regarding the City of Okeechobee General Employees/OUA Pension Trust Fund -City Attorney I' (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1053 by title only. 2.a) Motion to adopt proposed Ordinance No.1053. b) Public comments and discussion c) Vote on motion. CA.a) Motion to read by title only, proposed Ordinance No. 1054 regarding the City of Okeechobee Municipal Police Officers' Pension Trust Fund -City Attorney I (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1054 by title only. 2.a) Motion to adopt Ordinance No. 1054. b) Public comments and discussion. c) Vote on motion. NOvEMBER 3, 2009 PAGE 4 OF 5 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. DA.a) Motion to read by title only, proposed Ordinance No. 1055 regarding the City of Okeechobee Municipal Firefighters' Pension Trust Fund - City Attorney I' (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1055 by title only. 2.a) Motion to adopt Ordinance No. 1055. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. X. OPEN PUBLIC HEARING FOR COMPREHENSIVE PLAN AMENDMENTS SURROUNDING THE TEN-YEAR WATER PLAN FOR TRANSMITTAL TO DCA -III Mayor. A.1.a). Motion to read by title only, proposed Ordinance No.1056 regarding the Ten -Year Water Plan - City Consultant (Exhibit 5). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1056 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1056. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. NOVEMBER 3, 2009 PAGE 5 OF 5 XI. NEW BUSINESS. A. Consider a request to remove requirements for sidewalk installation located at 110 SE 4" Street - Corey Miller (Exhibit 6). B. Discussion regarding proposed changes to the sign regulations - City Planning Consultant (Exhibit 7). C. Discussion regarding locally important issues to be considered during preparation of the Evaluation and Appraisal Report (EAR) for the Comprehensive Plan - City Planning Consultant (Exhibit 8). D. 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 9). E. Motion to approve a Memorandum of Understanding regarding the Statewide Law Enforcement Radio System (SLERS) - City Administrator Whitehall and Deputy County Administrator Threewits (Exhibit 10). F. Motion to accept a Warranty Deed from G-4 Land & Cattle Company, Keith Goodbread, President - City Attorney (Exhibit 11). G. Motion to approve an agreement between Okeechobee Main Street, Inc. and the City of Okeechobee - City Administrator (Exhibit 12). H. Motion to approve the 2009 Fiscal Year Budget Amendments - Account Supervisor/City Administrator (Exhibit 13). I. Motion to approve the 2010 City Vehicles purchase - City Administrator. XII. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, 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. • C7 SERVIGE GERVIGPresenteJ To G)bpl,stophe,p In Appreciation for Your 10-Years of J�ard York and Dedication wiA Ae City of 06eAo6ee QctoLer 18, 1999 4rougL Octoker 18, 2009 Service is the lif eklooJ of any organization. E—verytLing flows from it anJ is nourisbeJ %y it. T6 City anti Your Fellow Citizens nave -Bene f itted Greatly ky Your performance. presented tip i s 3rd day of N ovem her, 200 James IL I►b *. slayer t Ot Q�0- \ bans GamO� GAG, Gftg Glary 1 • E o-I Egly 5 �3 In Appreciation for Your 5-Years of J�ard York anti e anon with the City of Okeechobee October 15, 2004 through October 15, 2009 Service is the li f e6looJ of any organization. Qverytkng flows from it anti is nourisW 6y it. The City and Your Fellow Citizens have Benef itted Greatly 64 Your performance. presented this 3rd day of November, 200 Manes IL Itl�► MLMW A Gft GWW Office of the Mayor w f . { OKEECHOBEE FLOKIDA S tfe annualdist4ution of BuddJr Poppies 6Jr t�e veterans of Fore Zar states!as Seen officiallJr recotynized and endorsed 6�r 9overnmentdleadersstnce . �I!REAS vFWBudd�r Poj�iesareassemdled SJr disadled veterans and tleproceedsof�� y _ fund-rais*can��are used evelusivelJr forte Sienefitof dA,41ed and vm4 veter t Rowsand orj4m of deceased veterans and R REAS t hIfficPur7)se of tfe a nnualdist4ution ofBuddyPglp�jlJr veteransoflvre wars is eloquentl reflected in tle desire to 'TYonor t�e Dread 6Jr Help* i L*"-, NOW T!MUFOAE I james-E X4 Magwrof tIe Cky of 4eedpa , do lereSJr urge tfe citizens Of tlis'commumtyr to recognize tlx merits of c cause SJY contrAUhig yrenerouslJr to r s 8f sugvxt tlm4 urdowtions forBuddJr Po es onNovem&r8 - � 2ooysetQs e forte. dist4utbn of sJrmdols of a"recbtbn or 4 sacrifices o ourltonored dead I uryre all.. patriotic citizens to near a Buddy Poply as mute evidence o ourgratitude '0 t Wren and:` momen of t s country n��j 2m rifled tfjreirlive s in defense o the free ms 9ic free conthfue to enjoJr as American Citizens In witness whereof I ham hereunto set MY hand anacauwZ t6 ed to die affix ee� Lane Gamiote�yilr Y r Date:. Novern�� f S s Of f ice of Mayor o-; R` o eec obee Florida s American farmers and ranchers literally help feed the world by producing a bounty 'gal products: To do this, they rely on essential partnerships with urban and suburban communitis sell and deliver finished products across the country and around the globe. Rural and urban to es f=f working together have made the most of our nation's rich agricultural resources as they contra` -. health and well being of our country and to the strength of our economy; and EREAS, during National Farm City Week, we recognize the importance of this cooperative network. Agricultue employs more than 24 million workers, including farmers and ranchers, shippers, processo' rv" } marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.3 trillion. to our gross domestic product. The agriculture industry provides us with food and clothing, as well as fuel for our energy needs. And as we welcome new opportunities for trade, the hard work and successful cooperation between farmers and city workers will continue to play a vital role in our nation's future; and WHEREAS, Farm City collaborations help maintain and improve our food and fiber supply and contribute to a better quality of life for countless citizens. We commend the many Americans whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all, and :.WHEREAS, as we gather with family and friends around the Thanksgiving table, it is fitting that we count among our blessings the vital Farm City partnerships that have done so much to improve the quality o f our lives, and -NOW, - THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City Of Okeechobee, Florida, do hereby proclaim the period of November 20 - 26, 2009 as "Farm City Week'; and 1 do further call upon all citizens in rural and urban areas to acknowledge and celebrate able achievements o f all those who, working together, produce and supply our community and nation with a abundance of agricultural products. . In witness whereof 1 have hereunto s r hand and caused this seat to r j aws E r X r A" Y Lane Gamrot�a � n .5 .. A; 'C > I ` S w T, e • DMIBIT 1 AbV 3, 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; RES R%` v E aciviciW i rum-PtJ LiC-U I ILI I Irma PURPGSES; RETAINING A RIGHT OF REVERSION; 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 keI hobee, F ida hereby re rves unto i If, its successo and signs perpetual, no xclusive a ment for public ility purse n and over No west 7th enue located be en said Blo96, 97, 102 an 03, OK OBEE. Section Three. In the event that the said applicant or his successor in interest fails to obtain within_tNen4y-fetir months hereof a permit for development, 51� then said right-of-way shall be declared open and the provisions of this ordinance declared null and void. Ordinance No.1052 - Page 1 of 2 Section Four. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Five. This ordinance shall be set for final public hearing the 3nd day of November, 2009, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 6t' 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 i (- 3• 09 mrnl Rlk turd 1052 r., 1 ekbEPENDENTx- _ ® NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 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, thatothe attacched copy of advertisement being a- C.� r , in the matter of J in the 19th Judi4)ll 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 afiant 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 om to and subscribed before me this I �2L �-� day of 4_1 ff AD Notary Public, State of Florida at Large yonow PUBLIC -STATE OF FLORIDA Angie Bridges Commission # DD779718 Expires: APR. 20, 2012 DONDED THRU ATLffh(I DDInING CO., INC. PUKX NOTICE CONSTOERATION OF ADOPTING A MY ORDMARCE TAKE NOTICE M the ON C«xKfl of the Oty of Okeed on Miesd CNooem55 ber 3 /200009 A 6:00 .m. or as soon t) �GtaW ty on 55 SE and thereafter to canstdtr= omfthde"tfoll nto law: M 10M AN ORDINANCE COSDM,, VA MMDOKMG A PORTION OF NDRTHWESr 7TH AVI MITTON OF NORTHWEST SnI STREET MORE FART Desam ED-HEREIN: RESERVE M 4911O THE ar MtS-AND ASSEMER A NONEXCIAMM EASr TIIITIES PIJRp , RETAINING A RIGHT OF RE MCTING THE CITY CLERK TO RECORD THE ORDINi OX RECORDS OF THE a9lK OF THE CgICUTT a OR OKEECHOBEE COUNTY, MORMk AND MWIll FECTIVwice Is �SUW dosMtg AppMcatlon�N�o. 0994=-R keedwbIf IW Nw XfewW as pwItIon of NW 5th Skordon erft tward tq the dead-er4 to Bbcla 97 and 10dVaIM according to 2 of Ow public dt fo��Nerad In Plat Canty, florlda. es of the public are enbaragtd to amend and partldpc 1 The proposed Ordnarnce-may`be YtmetLed I t ent f'the ppu�c h the office of the ry CO1erkdu MorrFrl, 8arM4:pm, for°ho➢day"s. IM NOTICE ANO eE ADVLS® that no curt myater wN be m��appdppe �oof ttx fteWm meeft. Amm wR b seek bo (a maMrq a INdving the tf c meelkr9 upon �a to be b website to obtain a of the agenda. dance wRh the Americans witlY DbabNtles Act (ADA) of �g :pedal aannanodatlon to partldpa0e In tlds Kt d�c CRy CkyKs Ofice at 863-767-3372 far assktance n, a City Clerk • • City of Okeechobee 55 SE 3'd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763 3372 Fax 763-1686 email. bhieehall ancitvofokeechobee.com Date: TO. FR: M" *****Memorandum***** November 392009 Mayor & City Council, City htaff Adm I I- 3-09 Min � ie. pry! 1052 d i s4r,lr�td � J Ord #1052 to close 7thA & SW 5 h St for County Exhibit 1 to the Agenda See attached letter from Co Atty Cassels to the City requesting that the Ordinance be modified as follows: • The reversionary clause (Sec 3 of Ord. — 24 months) in the Ordinance be deleted — the County will pay $155k for the property from the Hamrick Trust and there is some uncertainty about the EOC construction timeline. • The utility easement requirement (Sec 2 of Ord.) be removed- the utilities are being moved and the building footprint is compromised. The TRC reviewed and concurred that the easement could be removed when discussing the vacation. Okeechobee County, Florid Office of the County Attorney P.O. Box 968.400 NW Second Street • Okeechobee, Florida 34973 Telephone 863-467-6900 • Facsimile 863-763-1031 November 2, 2009 Honorable James E. Kirk Mayor of City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 Re: Okeechobee County Request for Street Abandonment Dear Mayor Kirk: It is my understanding that proposed Ordinance 1052 is scheduled for final reading and deliberation by the Council tomorrow evening. On behalf of the County, I appreciate your consideration as the abandonment is necessitated by a desire to construct a new Emergency Operations Center and eventually an expansion to the Sheriff's Department and jail facility. Both ofthese public projects will provide a direct benefit to all residents of Okeechobee County including those residing within the City. As I am sure you are aware, despite the budget difficulties that we are all facing, the County will be paying the Hamrick Trust the sum of $155,000.00 to remove any possible reversionary interest that it may have. Although the jail expansion is some years in the future, the County Commission will be deciding shortly whether to proceed with the EOC or delay the project until the budget improves. Given the amount of this investment, together with the fact that the applicant is a sister government and the intended use is to construct public facilities, we would respectfully request that the reversionary provision contained in the Ordinance be deleted. This request is especially important given the uncertainty of the construction timing in light of the current economic situation and budget constraints. Finally, the retention of a utility easement within N.W. 7 h Avenue would prevent construction of the facility due to its location within the footprint of the building. The existing waterline is schedule to be relocated or removed and the adequacy of utilities for this complex will be addressed in the site review process. Therefore, we would likewise request this provision be deleted. With kindest regards, I am Sincerely, n D. Cassel r. JDC/gmc (7000-s2Ray Domer Noel Chandler Clif Betts, Jr. Joey Hoover Margaret Garrard Helton District 1 District 2 District 3 District 4 District 5 Section Two.. The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a non-exclusive easement for public utility purposes in and over Northwest 7ch Avenue, located between blocks 96,97,102, and 103, OKEECHOBEE., and as it is anticipated such easement will be re -located in the future, said easement shall be effective until such time and date as a successive easement is recorded in the public records from Okeechobee county, Florida to the Okeechobee Utility Authority which reflects the location and description of the re -located utility easement. This replacement easement shall be forwarded to the office of the City Clerk City of Okeechobee, Florida immediately upon recording to document the effective date thereof. • 0 f)(2. ORDINANCE NO. 1053 11.3.09 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITYAUTHORITY 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 1: 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 61h day of October. 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED on second reading after public hearing this 3rd day of November. 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1053 Page 1 of 49 CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM SECTION 1. DEFINITIONS. 1. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accumulated Contributions means a Member's own contributions with interest at the rate of five and one -quarter percent (5-1/4%) per annum through September 30, 1993 and three percent (3%) per annum thereafter compounded annually on September 30. Interest is not prorated on Member contributions during a Plan Year. For those Members who purchase Credited Service with interest or at no cost to the System, any payment representing the amount attributable to Member contributions based on the applicable Member contribution rate, and any payment representing interest and any required actuarially calculated payments for the purchase of such Credited Service, shall be included in Accumulated Contributions without the crediting of interest of three percent (3%) per annum. 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 8% interest and the 1983 Group Annuity Mortality Table. This definition may only be amended by the Citv pursuant to the recommendation of the Board usina assumptions adopted by the Board with the advice of the Dlan's actuarv. such that actuarial assumptions are not subject to Citv discretion. Averaae Final Compensation means one -twelfth (1/12) of the average Salary of the five (5) best years of the last ten (10) years of Credited Service prior to retirement, termination or death. A year shall be twelve (12) consecutive months. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a Member who has or have been designated in writing by the Member and filed with the Board. If no such designation is in effect, or if no person so designated is living, at the time of death of the Member, the Beneficiary shall be the estate of the Member. Board means the Board of Trustees, which shall administer and manage the System herein provided and serve as trustees of the Fund. Cmeans City of Okeechobee, Florida and the Okeechobee Utility Authority. Code means the Internal Revenue Code of 1986, as amended from time to time. Credited Service means the total number of years and fractional parts of years of service as a General Employee with member contributions when required, omitting intervening years or fractional parts of years when such Member was not employed by the City as a Ordinance No. 1053 Page 2 of 49 General Employee. A Member may voluntarily leave his Accumulated Contributions in the Fund for a period of five (5) years after leaving the employ of the City pending the possibility of being reemployed as a General Employee, without losing credit for the time that he was a Member of the System. If a non -vested Member leaves the employ of the City and is not reemployed within five (5) years, his Accumulated Contributions, if one - thousand dollars ($1,000.00) or less, will be returned. If a Member who is not vested is not reemployed within five (5) years, his Accumulated Contributions, if more than one - thousand dollars ($1,000.00), will be returned only upon the written request of the Member and upon completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the Board. If a vested Member leaves the employ of the City, his Accumulated Contributions will be returned upon his written request. Upon return of his Accumulated Contributions, all of his rights and benefits under the System are forfeited and terminated. The years or fractional parts of a year that a Member . .. ..._� �.�� . ...� �....�—. �.—..��1 ...� �...... v. ... ........V •.. V. V..v.. .• •�.�w. ...V V. •..V VI�IaVV performs "Qualified Military Service" consistina of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Emplovmentand Reemplovment RiahtsAct (USERRA) (P.L.103-353), after separation from employment as a General Employee with the City to perform training or service, ar;w I Vb l l lr%on or a V4,"l-r. , shall be added to his years of Credited Service for all purposes, including vesting, provided that: A. The Member is entitled to reemplovment under the provisions of USERRA. AB. The Member gust returns to his employment as a General Employee within one (1) year from the earlier of the date of his military discharge or his release from services unless otherwise reauired by USERRA. 8 C. The Member deposits into the Fund the same sum that the Member would have contributed if he had remained a General Employee during his absence. The maximum credit for military service pursuant to this subsection shall be five (5) years. The Member must deposit all missed contributions within a period equal to three (3) times the period of military service, but not more than five (5) years from tr followina reemployment or he will forfeit the right to receive Credited Service for his military service pursuant to this Section. - -offir. -- - FAIN - . -- - - ; IIMI ; - -- - - - - - - i • - . IN IMM MLWIIL� IN E D. This Section is intended to satisfy the minimum requirements of the USERRA. To the extent that this Section does not meet the minimum standards of Ordinance No. 1053 Page 3 of 49 USERRA, as it may be amended from time to time, the minimum standards shall apply. In the event a (Member dies on or after January 1. 2007. while oerforminq USERRA Qualified Military Service. the beneficiaries of the Member are entitled to anv benefits (other than benefit accruals relatina to the period of qualified military service) as if the Member had resumed emplovment and then died while emploved. Effective Date means December 14, 1971. General Emplovee means any actively employed person in the regular full-time service of the City of Okeechobee or the Okeechobee Utility Authority, including those in their initial probationary employment period, but also including elected officials. This term shall not include certified police officers and certified firefighters employed by the City or the members of the Okeechobee Utility Authority Board. Fund means the trust funds established herein as part of the System. Member means an actively employed General Employee who fulfills the prescribed membership requirements. Benefit improvements which, in the past, have been provided for by amendments to the System adopted by City ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to Members who terminate employment or who retire prior to the effective date of any ordinance adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Plan Year means the twelve (12) month period beginning October 1 and ending September 30 of the following year. Retiree means a Member who has entered Retirement Status. Retirement means a Member's separation from City employment with eligibility for immediate receipt of benefits under the System or entry into the Deferred Retirement, Option Plan. Salary means the basic compensation for services rendered to the City as a General Employee, plus all tax deferred, tax sheltered and tax exempt items of income, if otherwise includible as basic compensation, derived from elective employee payroll deductions or salary reductions, but excluding overtime, bonuses and any other non -regular payment. Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code she* be disregarded as of the first day of the Plan Year shall be disreaarded for anv purpose. including emplovee contributions or anv benefit calculations. The annual compensation of each member taken into account in determining benefits or emplovee contributions for anv Plan Year beainninq on or after January 1. 2002. may not exceed $200,000, as adjusted for cost-of-livina increases in accordance with Code Section 401(a)(17)(B). Compensation means compensation durina the fiscal vear. The cost -of -living adiustment in effect for a calendar vear applies to annual compensation for the determination period Ordinance No. 1053 Page 4 of 49 that begins with or within such calendar vear. If the determination period consists of fewer than 12 months. the annual compensation limit is an amount eaual to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period. and the denominator of which is 12. If the compensation for anv prior determination period is taken into account in determininq a Member's contributions or benefits for the current Plan Year. the compensation for such prior determination period is subiect to the applicable annual compensation limit in effect for that prior period. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a Member before the first plan year beginning after December 31, 1995. Spouse means the lawful wife or husband of a Member or Retiree at the time benefits become payable. Svstem means the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System as contained herein and all amendments thereto. 2. Masculine Gender. The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine and masculine genders. SECTION 2. MEMBERSHIP. 1. Conditions of Eliaibilitv. A. All General Employees as of the Effective Date, and all future new General Employees, shall become Members of this System as a condition of employment. B. Notwithstanding the previous paragraph, the future City Administrator or Administrative Assistant and the Executive Director of the Okeechobee Utility Authority may, in the event he has elected to participate in another pension program, within the first sixty (60) days of his employment as City Administrator or Administrative Assistant or Executive Director, notify the Board and the City of Okeechobee (with respect to the City Administrator or Administrative Assistant) or the Okeechobee Utility Authority (with respect to the Executive Director), in writing, of his election to not be a Member of the System. In the event of any such election, he shall be barred from future membership in the System. M. wl g. 1 -ern rn y elect, im writing, withim thirty v) dap; Ordinance No. 1053 Page 5 of 49 E C. Notwithstanding any provision herein to the contrary, any future elected official may, within sixty (60) days of taking office, elect to discontinue membership in the System and receive the return of all Accumulated Contributions. In the event of such election, the elected official shall be barred from future membership in the system. 2. Desianation of Beneficiarv. Each General Employee shall complete a form prescribed by the Board designating a Beneficiary or Beneficiaries. SECTION 3. BOARD OF TRUSTEES. 1. The sole and exclusive administration of and responsibility for the proper operation of the System and for making effective the provisions of this ordinance are hereby vested in a Board of Trustees. The Board is hereby designated as the plan administrator. The Board shall consist of five (5) Trustees, one of whom, shall be a legal resident of the City, who shall be appointed by the Okeechobee City Council, one of who shall be appointed by the Okeechobee Utility Authority Board, one of whom shall be a full-time General Employee Member employed by the City of Okeechobee, and one of whom shall be a full-time General Employee Member employed by Okeechobee Utility Authority. The fifth Trustee shall be chosen by a majority of the previous four Trustees as provided for herein, and such person's name shall be submitted to the Okeechobee City Council. Upon receipt of the fifth person's name, the Okeechobee City Council shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the same rights as each of the other four Trustees appointed or elected as herein provided and shall serve a two (2) four (4) year term unless he sooner vacates the office. Each resident Trustee appointed by the City of Okeechobee or by the Okeechobee Utility Authority shall serve as Trustee for a period of two (2) four (4) years, unless he sooner vacates the office or is sooner replaced by the appointing authority at whose pleasure he shall serve. Each Member Trustee shall serve as Trustee for a period of four (4) years, unless he sooner leaves the employment of the City of Okeechobee or Okeechobee Utility Authority as a General Employee or otherwise vacates his office as Trustee, whereupon a successor shall be chosen in the same manner as the departing Trustee. Each Trustee may succeed himself in office. DROP participants can be elected as and vote for elected Trustees. The Board shall establish and administer the nominating and election procedures for each election. The Board shall meet at least quarterly each year. The Board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. 2. The Trustees shall, by a majority vote, elect a Chairman and a Secretary. The Secretary of the Board shall keep a complete minute book of the actions, proceedings, or hearings of the Board. The Trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. Ordinance No. 1053 Page 6 of 49 3. Each Trustee shall be entitled to one vote on the Board. Three (3) affirmative votes shall be necessary for any decision by the Trustees at any meeting of the Board. A Trustee shall abstain from voting as the result of a conflict of interest and shall comply with the provisions of Section 112.3143, Florida Statutes. 4. The Board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the System. The compensation of all persons engaged by the Board and all other expenses of the Board necessary for the operation of the System shall be paid from the Fund at such rates and in such amounts as the Board shall agree. 5. The duties and responsibilities of the Board shall include, but not necessarily be limited to, the following: A. To construe the provisions of the System and determine all questions arising thereunder. B. To determine all questions relating to eligibility and membership. C. To determine and certify the amount of all retirement allowances or other benefits hereunder. D. To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the System. E. To distribute to Members, at regular intervals, information concerning the System. F. To receive and process all applications for benefits. G. To authorize all payments whatsoever from the Fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the System and Fund. H. To have performed actuarial studies and valuations at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the System. To perform such other duties as are required to prudently administer the System. SECTION 4. FINANCES AND FUND MANAGEMENT. Establishment and Operation of Fund. 1. As part of the System, there exists the Fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the System. Ordinance No. 1053 Page 7 of 49 2. The actual custody and supervision of the Fund (and assets thereof) shall be vested in the Board. Payment of benefits and disbursements from the Fund shall be made by the disbursing agent but only upon written authorization from the Board. 3. All funds of the system may be deposited by the Board with the Finance Director of the City, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safekeeping of funds for the City. However, any funds so deposited with the Finance Director of the City shall be kept in a separate fund by the Finance Director or clearly identified as such funds of the System. In lieu thereof, the Board shall deposit the funds of the System in a qualified public depository as defined in §280.02, Florida Statutes, which depository with regard to such funds shall conform to and be bound by all of the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment responsibilities as set forth herein, the Board may retain the services of a custodian bank, an investment advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the Board, in the investment of all Fund assets. 4. All funds and securities of the System may be commingled in the Fund, provided that accurate records are maintained at all times reflecting the financial composition of the Fund, including accurate current accounts and entries as regards the following: A. Current amounts of Accumulated Contributions of Members on both an individual and aggregate account basis, and B. Receipts and disbursements, and C. Benefit payments, and D. Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to contributions and deposits from the City, and E. All interest, dividends and gains (or losses) whatsoever, and F. Such other entries as may be properly required so as to reflect a clear and complete financial report of the Fund. 5. An audit shall be performed annually by a certified public accountant for the most recent fiscal year of the System showing a detailed listing of assets and a statement of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a complete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. 6. The Board shall have the following investment powers and authority: Ordinance No. 1053 Page 8 of 49 A. The Board shall be vested with full legal title to said Fund, subject, however, and in any event to the authority and power of the Okeechobee City Council to amend or terminate this Fund, provided that no amendment or Fund termination shall ever result in the use of any assets of this Fund except for the payment of regular expenses and benefits under this System, except as otherwise provided herein. All contributions from time to time paid into the Fund, and the income thereof, without distinction between principal and income, shall be held and administered by the Board or its agent in the Fund and the Board shall not be required to segregate or invest separately any portion of the Fund. B. All monies paid into or held in the Fund shall be invested and reinvested by the Board and the investment of all or any part of such funds shall be limited to: (1) Annuity and life insurance contracts with life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the Members in the Fund shall be entitled under the provisions of this System and pay the initial and subsequent premium thereon. (2) Time or savings accounts of a national bank, a state bank insured by the Bank Insurance fund or a savings/building and loan association insured Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund. (3) Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States or the an agency of the government of the United States. (4) Stocks, commingled or mutual funds administered by national or state banks, bonds or other evidences of indebtedness, provided that: (a) Except as provided in subparagraph (b), all individually held securities and all securities in a commingled or mutual fund must be issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia. (b) Up to fifteen percent (15%) of the assets of the Fund may be invested in foreign securities. (c) The Board shall not invest more than five percent (5%) of its assets in the common stock, capital stock, or convertible securities of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent (5%) of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock , international equity securities and Ordinance No. 1053 Page 9 of 49 convertible securities at cost exceed sixty percent (60%) of the assets of the Fund. C. At least once every three (3) years, and more often as determined by the Board, the Board shall retain a professionally qualified independent consultant to evaluate the performance of all current investment managers and make recommendations regarding the retention of all such investment managers. These recommendations shall be considered by the Board at its next regularly scheduled meeting. D. The Board may retain in cash and keep unproductive of income such amount of the Fund as it may deem advisable, having regard for the cash requirements of the System. E. Neither the Board or any Trustee shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the Fund, except that due to his or its own negligence, willful misconduct or lack of good faith. F. The Board may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. G. The Board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitalization, consolidations, and similar transactions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective or like committee with the Trustees or with depositories designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the Fund which it may deem to be to the best interest of the Fund to exercise. H. The Board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. Where any action which the Board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as Trustee under this ordinance, can reasonably be taken or performed only after receipt by it from a Member, the City, or any other entity, of specific information, certification, direction or instructions, the Board shall be free of liability in failing to take such action or perform such duty or function until such information, certification, direction or instruction has been received by it. Ordinance No. 1053 Page 10 of 49 J. Any overpayments or underpayments from the Fund to a Member, Retiree or Beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board in such a manner that the Actuarial Equivalent of the benefit to which the Member, Retiree or Beneficiary was correctly entitled to, shall be paid. Over payment shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the Fund in a prudent manner. K. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits herein provided for. L. In any application to or proceeding or action in the courts, only the Board shall be a necessary party, and no Member or other person having an interest in the Fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. M. Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said Fund shall always remain in the Board. SECTION 5. CONTRIBUTIONS. 1. Member Contributions. A. Amount. Each Member of the System shall be required to make regular contributions to the Fund in the amount of six percent (6%) of his Salary. Member contributions withheld by the City on behalf of the Member shall be deposited with the Board immediately after each pay period. The contributions made by each Member to the Fund shall be designated as employer contributions pursuant to §414(h) of the Code. Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of the System, such contributions shall be considered to be Member contributions. B. Method. Such contributions shall be made by payroll deduction. 2. City Contributions. So long as this System is in effect, the City of Okeechobee and the Okeechobee Utility Authority shall make quarterly contributions to the Fund in an amount equal to the Member eomtributions for the year and the tots' eest for the yeaf reauired Citv contribution, as shown by the most reeent applicable actuarial valuation of the System. The tots' eost for any year shall be defamed as the tots' normal eest p1tis the add a.' . _ � a1V1�1(AI ul�l�l {:a1�1�IV1 �IZ1i 111V MIII MIIVV e liability as provided on Part V11 of Ghapt" "" r' The total cost for 1 1 1 G, 1 1 any year shall be apportioned equitably and consistently between the City of Okeechobee Ordinance No. 1053 Page 11 of 49 and the Okeechobee Utility Authority based on the costs associated with each entity's employees. 3. Other. Private donations, gifts and contributions may be deposited to the Fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds arising from these sources may be used only for additional benefits for Members, as determined by the Board, and may not be used to reduce what would have otherwise been required City contributions. SECTION 6. BENEFIT IWOUNTS AND ELIGIBILITY. 1. Normal Retirement'. Date. A Member's normal' retirement date shall be the first day of the month coincident with, or next following the earlier of the attainment of age sixty-five (65) and the completion of five (5) years of Credited Service or upon the completion of thirty (30) years of Credited Service, regardless of` age. A Member may retire on his normal retirement date or on the first day of any month thereafter, and each Member shall become 100% vested in his accrued benefit on the Member's normal retirement date. Normal retirement under the System is Retirement from employmentwith the City on orafterthe normal retirement date. 2. Normal Retirement Benefit. A Member retiring hereunder on or after his normal retirement date shall receive a monthly benefit which shall commence on the first day of the month coincident with or next following his Retirement and be continued thereafter during Member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal two and one -tenth percent (2.1 %) of Average Final Compensation, for each year of Credited Service. 3. Early Retirement Date. A Member may retire on his early retirement date which shall be the first day of any month coincident with or next following the later of the attainment of age fifty-five (55) and the completion of ten (10) years of Credited Service. Early retirement under the System is Retirement from employment with the City on or after the early retirement date and prior to the normal retirement date. 4. Early Retirement Benefit. A member retiring hereunder on his early retirement date may receive either a deferred or an immediate monthly retirement benefit payable in the same form as for normal retirement as follows: A. A deferred monthly retirement benefit which shall commence at age sixty-five (65) and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on his normal retirement date except that Credited Service and Average Final Compensation shall be determined as of his early retirement date; or Ordinance No. 1053 Page 12 of 49 • • B. An immediate monthly retirement benefit which shall commence on his early retirement date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in paragraph A above, which is reduced by two percent (2%) for each year by which the commencement of benefits precedes age sixty-five (65). 5. Reauired Distribution Date. The Member's benefit under this Section must beain to be distributed to the Member no later than April 1 of the calendar vear followina the later of the calendar vear in which the Member attains aae seventy and one-half (70'/) or the calendar vear in which the Member terminates emplovment with the Citv. SECTION 7. DEATH BENEFITS. 1. Prior to Vestina or Eliaibilitv for Retirement. The Beneficiary of a deceased Member who was not receiving monthly benefit payments, or who was not yet vested or eligible for retirement shall receive a refund of one hundred percent (100%) of the Member's Accumulated Contributions. 2. Deceased Members Vested or Eliaible for Retirement. Any member, whether or not still actively employed, who has a right to a vested accrued benefit, shall be eligible for a death benefit if he dies before collecting any other benefits from this System. The amount of the death benefit shall be equal to fifty percent (50%) of the actuarially equivalent single sum value of the Member's vested accrued benefit or his Accumulated Contributions, whichever is greater. If this single sum value is less than $5,000, it shall be paid in a lump sum. If the value exceeds $5,000, the Beneficiary may elect payment under any of the optional forms available for retirement benefits or a lump sum payment. If a Member is eligible for early or normal retirement, but remains in employment and dies while so employed, the death benefit shall be determined as follows: It shall be assumed that such deceased Member had retired immediately preceding his date of death and elected the Ten Year Certain and Life Thereafter option. However, the death benefit shall be equal to fifty percent (50%) of the actuarially equivalent single sum value of the Member's vested accrued benefit, if larger than the Ten Year Certain and Life Thereafter option, described earlier in this Section. SECTION 8. DISABILITY. 1. Disability Benefits. Any Member who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to perform the duties that the General Employee was assigned at the time of the impairment and is unable to perform the duties of another General Employee position which the City of Okeechobee or the Okeechobee Utility Authority makes available to him in a similar job classification and rank at no reduction in Salary for which the General Employee is qualified by reason of training, education, or experience, whether or not such disability was directly caused by the performance of his duty as a General Employee. Upon establishing the same to the satisfaction of the Board, the General Employee shall be entitled to a Ordinance No. 1053 Page 13 of 49 monthly pension determined in the same manner as for Early Retirement set forth in Section 6, subsection 4.13, if the benefit begins at or after age fifty-five (55), and if the benefit begins prior to age fifty-five (55), the benefit shall be actuarially reduced for the period prior to age fifty-five (55). Terminated persons, either vested or non -vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. 2. Conditions Disaualifvina Disabilitv Benefits. Each Member who is claiming disability benefits shall establish, to the satisfaction of the Board, that such disability was not occasioned primarily by: A. Excessive or habitual use of any drugs, intoxicants, or alcohol. B. Injury or diseases sustained while willfully and illegally participating in fights, riots or civil insurrections. C. Injury or disease sustained while committing a crime. D. Injury or disease :sustained while serving in any branch of the Armed Forces. E. Injury or disease sustained after his employment as a General Employee with the City Okeechobee or the Okeechobee Utility Authority shall have terminated. F. Willful, wanton or intentional misconduct or gross negligence of the Member. G. Injury or disease sustained by the Member while working for anyone other than the City of Okeechobee or the Okeechobee Utility Authority and arising out of such employment. H. A condition pre-existing the General Employee's membership in the System. No Member shall be entitled to a disability pension because of or due to the aggravation of a specific injury, impairment or other medical condition pre-existing at the time of membership in the System, provided that such pre-existing condition and its relationship to a later injury, impairment or other medical condition be established by competent substantial evidence. Nothing herein shall be construed to preclude a disability pension to a Member who, after membership in the System, suffers an injury, impairment or other medical condition different from some other injury, impairment, or other medical condition existing at or prior to said membership. 3. Phvsical Examination Reauirement. A Member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the Board for that purpose. The Board shall not select the Member's treating physician or surgeon for this purpose except in an unusual case where the Board determines that it would be reasonable and prudent to do so. Ordinance No. 1053 Page 14 of 49 Any Retiree receiving disability benefits under provisions of this ordinance may be required by the Board to submit sworn statements of his condition accompanied by a physician's statement (provided at the Retiree's expense) to the Board annually and may be required by the Board to undergo additional periodic re-examinations by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the Board, to determine if such disability has ceased to exist. If the Board finds that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a General Employee, the Board shall recommend to the City that the Retiree be returned to performance of duty as a General Employee, and the Retiree so returned shall enjoy the same rights that he had at the time he was placed upon pension. In the event the Retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Member claiming or the Retiree receiving disability benefits shall be borne by the Fund. All other reasonable costs as determined by the Board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund. If the Retiree recovers from disability and reenters the service of the City as a General Employee, his service will be deemed to have been continuous, but the period beginning with the first month for which Retiree received a disability retirement payment and ending with the date he reentered the service of the City will not be considered as Credited Service for the purposes of this System. The Board shall have the power and authority to make the final decisions regarding all disability claims. 5. Disability Pavments. The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall be payable on the first day of the first month after the Board determines such entitlement. However, the monthly retirement income shall be payable as of the date the Board determined such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment will be: A. If the Retiree recovers from the disability prier to his mormal retirernemt date, the payment due next preceding the date of such recovery, or B. If the Retiree dies without recovering from disability ar- aiiainsl°ris-19ef19`tai-r date whole still dos& , the payment due next preceding his death or the 120th monthly payment, whichever is later. Provided, however, the disability Retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as described in Section 10, subsection 1.A. or 1.B., which shall be the Actuarial Equivalent of the normal form of benefit. Ordinance No. 1053 Page 15 of 49 6. Workers' Compensation. When a Retiree is receiving a disability pension and workers' compensation benefits pursuant to Florida Statute Chapter 440, for the same disability, and the total monthly benefits received from both exceed 100% of the Member's average monthly wage, as defined in Chapter 440, Florida Statutes, the disability pension benefit shall be reduced so that the total monthly amount received by the Retiree does not exceed 100% of such average monthly wage. The amount of any lump sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten (10) Years Certain by dividing the lump sum amount by 83.9692. SECTION 9. VESTING. If a Member terminates his employment as a General Employee, either voluntarily or by discharge, and is not eligible for any other benefits under this System, the Member shall be entitled to the following: 1. If the Member has less than five (5) years Credited Service upon termination, the Member shall be entitled to a refund of his Accumulated Contributions or the Member may leave it deposited with the Fund. 2. If the Member has five (5) or more years of Credited Service upon termination, the Member shall be entitled to a monthly retirement benefit, determined in the same manner as for normal or early retirement and based upon the Member's Credited Service, Average Final Compensation and the benefit accrual rate as of the date of termination, payable to him commencing at age 65, or age 55 reduced as for early retirement from age 65, provided he does not elect to withdraw his Accumulated Contributions and provided the Member survives to his otherwise normal or early retirement date. If the Member does not withdraw his Accumulated Contributions and does not survive to his otherwise normal or early retirement date, his designated Beneficiary shall be entitled to a benefit as provided herein for a deceased Member, vested or eligible for Retirement under Pre -Retirement Death. SECTION 10. OPTIONAL FORMS OF BENEFITS. 1. In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified herein, a Member, upon written request to the Board may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options: A. A retirement income of a modified monthly amount, payable to the Member during the lifetime of the Member and following the death of the Member, 100%, 75%, 66- 2/3% or 50% of such monthly amount payable to a joint pensioner for his lifetime. Except where the Retiree's joint pensioner is his Spouse, the payments to the joint pensioner as a percentage of the payments to the Retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury regulations. (See Q & A-2 of 1.401(a)(9)-6) Ordinance No. 1053 Page 16 of 49 B. A retirement income of a modified monthly amount for the lifetime of the Member only. C. If a Member retires prior to the time at which social security benefits are payable, he may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the entire period of Retirement. The amounts payable shall be as recommended by the actuaries for the System, based upon the social security law in effect at the time of the Member's Retirement. This option may be combined with other optional forms of benefits. D. For any Member who does not participate in the DROP pursuant to Section 28, a lump sum payment payable to the Retiree equal to twenty percent (20%) of the present value of the Retiree's accrued benefit at the date of retirement with the remaining eighty percent (80%) payable to the Retiree in a form selected by the Retiree and provided for in A or B above or in the normal form (10 year certain and life). A Retiree who is a participant in the Deferred Retirement Option Plan shall not be eligible to select this partial lump sum option. 2. The Member, upon electing any option of this Section, will designate the joint pensioner (subsection 1.,A. above) or Beneficiary (or Beneficiaries) to receive the benefit, if any, payable under the System in the event of Member's death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one or more primary Beneficiaries where applicable. If a Member has elected an option with a joint pensioner or Beneficiary and Member's retirement income benefits have commenced, Member may thereafter change his designated Beneficiary at any time, but may change his joint pensioner only if the designated joint pensioner and the Memberwere married at the time of Member's Retirement and are divorced subsequent thereto and the joint pensioner is alive at the time of the change. 3. The consent of a Member's or Retiree's joint pensioner or Beneficiary to any such change shall not be required. The rights of all previously -designated Beneficiaries to receive benefits under the System shall thereupon cease. 4. Upon change of a Retiree's joint pensioner in accordance with this Section, the amount of the retirement income payable to the Retiree shall be actuarially determined to take into account the age and sex of the former joint pensioner, the new joint pensioner and the Retiree. Any such Retiree shall pay the actuarial recalculation expenses. Each request for a change will be made in writing on a form prepared by the Board and on completion will be filed with the Board. In the event that no designated Beneficiary survives the Retiree, such benefits as are payable in the event of the death of the Retiree subsequent to his Retirement shall be paid as provided in Section 11. 5. Retirement income payments shall be made under the option elected in accordance with the provisions of this Section and shall be subject to the following limitations: Ordinance No. 1053 Page 17 of 49 A. If a Member dies prior to his normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under Section 7. B. If the designated Beneficiary (or Beneficiaries) or joint pensioner dies before the Member's retirement under the System, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the Member upon his Retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this Section or a new Beneficiary is designated by the Member prior to his Retirement. C. If both the retired Member and the Beneficiary (or Beneficiaries) designated by Member or Retiree die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provisions of subsection 1, the Board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 11. D. If a Member continues beyond his normal retirement date pursuant to the provisions of Section 6, subsection 1, and dies prior to his actual retirement and while an option made pursuant to the provisions of this Section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a Beneficiary (or Beneficiaries) designated by the Member in the amount or amounts computed as if the Member had retired under the option on the date on which his death occurred. E. The Member's benefit under this Section must begin to be distributed to the Member no later than April 1 of the calendar vear following the later of the calendar vear in which the Member attains ape seventv and one-half (70%) or the calendar vear in which the Member terminates emolovment with the Citv. 6. A Retiree may not change his retirement option after the date of cashing or depositing his first retirement check. 7. Notwithstanding anything herein to the contrary, the Board in its discretion, may elect to make a lump sum payment to a Member or a Member's Beneficiary in the event that the menthly benefit arneunt is leas then one hundred dollars ($100.00) or the total e0mmuted value of the conclusive on all persons. Ordinance No. 1053 Page 18 of 49 SECTION 11. BENEFICIARIES. 1:. Each Member or Retiree may, on a form provided for that purpose, signed and filed with the Board, designate a Beneficiary (or Beneficiaries) to receive the benefit, if any, which may be payable in the event of his death. Each designation may be revoked or changed by such Member or Retiree by signing and filing with the Board a new designation -of - beneficiary form. Upon such change, the rights of all previously designated Beneficiaries to receive any benefits under the System shall cease. 2. If a deceased Member or Retiree failed to name a Beneficiary in the manner prescribed in subsection 1, or if the Beneficiary (or Beneficiaries) named by a deceased Member or Retiree predeceases the Member or Retiree, the death benefit, if any, which may be payable under the System with respect to such deceased Member or Retiree, shall be paid to the estate of the Member or Retiree and the Board, in its discretion, may direct that the commuted value of the remaining monthly income benefits be paid in a lump sum. 3. Any payment made to any person pursuant to this Section shall operate as a complete discharge of all obligations under the System with regard to the deceased Member and any other persons with rights under the System and shall not be subject to review by anyone but shall be final, binding and conclusive on all persons ever interested hereunder. SECTION 12. CLAIMS PROCEDURES. 1. The Board shall establish administrative claims procedures to be utilized in processing written requests ("claims"), on matters which affect the substantial rights of any person ("Claimant"), including Members, Retirees, Beneficiaries, or any person affected by a decision of the Board. 2. The Board shall have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and at any proceedings provided for in the Board's claims procedures. The Claimant may request in writing the issuance of subpoenas by the Board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in Florida Statutes. SECTION 13. ROSTER OF RETIREES.. The Secretary of the Board shall keep a record of all persons enjoying a pension under the provisions of this ordinance in which it shall be noted the time when the pension is allowed and when the same shall cease to be paid. Additionally, the Secretary shall keep a record of all Members employed by the City in such a manner as to show the name, address, date of employment and date of termination of employment. SECTION 14. MAXIMUM PENSION,. A n eJ . M� .An Ordinance No. 1053 Page 19 of 49 k INN WAIN NO 006110"M L LGJ TOW ::. - .:: • WWI Ill if m v IF • • • • Ordinance No. 1053 Page 20 of 49 r _ _ • - i i r - - • - i - i i - - - - - - i i i • M—A1111111!-- - - - - i • i - - - i - - - - i i - - i • - - i - - - -- i - - i - - - • - i - - - i - - - i i - - - i - - -- i - i - • - _ i IN LW24 LOAMi i - -- : i - - - - - i - - - -i- --i- ---- --- •-i i--- - --� -- ---- - -•-- i i -- --- i- 1-1 an I row I i• -- ri: i i -- i - LV-- - - -- i i -•-- i -- i -- i -- i• i - - i : - i - • - - - i • - i - i i - - i - - - - - i - - i - - i - - - - - - - -- i - -- i - • - i i - - - - - - i - - - - - - - • i i - - - i - - - : i L-i �lir:lair. INliMNMLt filC . 1l L- NID1 11111�7[ li•I�l•I l�1Rli1��1�1��IC.1�[�7i l�. 1'li V 111 V 1.1 ��C7T �1. _ _ _ _ _ i i -iw=kw=41L i i _ i i _ i i : i • _ _ _ _ _ _ i _ _ _ • •win, wig 111W.10'r, lnimtojoi:,6�m r, Ianything I Ili VIJI IYI Z11 �. i iL-1 I L-A I t§LW.I=i' i i s : i i • jar. jj we - -p-I • i i - -- - - - - -- - - i - - - - i i i - - - i - i ■ : i - i i i i - - - i - - - - - i . - i - - i i : - - i • i i - - - - - - - - N-w AEILgnomN • i - - - - - •in 1),nowi-AEL-All ij - i - i - - - - • - i _ - i - ■ - • • i i 1. Basic Limitation. Notwithstandina any other provisions of this Svstem to the contrary. the Member contributions paid to. and retirement benefits paid from. the &/stern shall be limited to such. extent as may be necessary to conform to the requirements of Code Section 415 for a. qualified retirement plan. Before January 1, 1995, a plan member may not receive an annual benefit that exceeds the limits specified in Code Section 415(b). subiect to the applicable adiustments in that section. On and after January 1. 1995. a plan member may not receive an annual benefit that exceeds the dollar amount specified in Code Section, 415(b)(1)(A) ($160.000), subiect to the applicable adiustments in Code Section 415(b) and Ordinance No. 1053 Page 21 of 49 subiect to anv additional limits that may be specified in this Svstem. For purposes of this Section, "limitation vear" shall be the calendar vear. 2. Adiustments to Basic Limitation for Form of Benefit., If the form of benefit without reaard to anv benefit increase feature is not a straiaht life annuitv. then the Code Section 415(b) limit applicable at the annuitv startina date is reduced to an actuarially eauivalent amount (determined usina the assumptions specified, in Treasury Reaulation Section 1.415(b)-1(c)(2)(ii)) that takes into account the death benefits under the form of benefit. 3. Benefits Not Taken into Account. For purposes of this Section. the followina benefits shall not be taken into account in applvina these limits: A. Anv ancillary benefit which is not directly related to retirement income benefits:, B. Anv other benefit not reauired under &415(b)(2) of the Code and Reaulations thereunder to be taken into account for purposes of the limitation of Code Section 415(b)(1). 4. COLA Effect. Effective on and after January 1. 2003. for purposes of applvina the limits under Code Section 415(b) (the "Limit"). the followina will apply: A. A Member's applicable limit will be applied to the Member's annual benefit in the Member's first calendar vear of benefit pavments without reaard to anv automatic cost of living adjustments; B. thereafter, in anv subseauent calendar vear. a Member's annual benefit, including anv automatic cost of living increases. shall be tested under the then applicable benefit limit includina anv adiustment to the Code Section 415(b)(1)(A) dollar limit under Code Section 415(d). and the reaulations thereunder: but C. in no event shall a Member's benefit pavable under the Svstem in anv calendar vear be areater than the limit applicable at the annuitv startina date, as increased in subsequent vears pursuant to Code Section 415(d) and the reaulations thereunder. Unless otherwise specified in the Svstem. for purposes of applvina the limits under Code Section 415(b), a Member's applicable limit will be applied takina into consideration cost, of livina increases as reauired by Section 415(b) of the Code and applicable Treasury Reaulations. 5. Other Adiustments in Limitations. A. In the event the Member's retirement benefits become oavable before ape sixty-two (62). the limit prescribed by this Section shall be reduced in accordance with, reaulations issued by the Secretary of the Treasury pursuant to the provisions of Code Section 415(b) of the Code, so that such limit (as so reduced) eauals an Ordinance No. 1053 Page 22 of 49 annual straiaht life benefit (when such retirement income benefit beains) which is equivalent to a one hundred sixtv thousand dollar ($160.000) annual benefit beainnina at aae sixty-two (62). B. In the event the Member's benefit is based on at least fifteen (15) vears of Credited Service as a full-time emDlovee of the police or fire department of the Citv. the adiustments provided for in A. above shall not apply. C. The reductions provided for in A. above shall not be applicable to disabilitv benefits pursuant to Section 8. or pre -retirement death benefits paid pursuant to Section 7. D. In the event the Member's retirement benefit becomes Davable after aae sixty-five (65). for purposes of determinina whether this benefit meets the limit set forth in subsection 1 herein. such benefit shall be adiusted so that it is actuarially eauivalent to the benefit beainnina at aae sixty-five (65). This adiustment shall be made in accordance with reaulations Dromulaated by the Secretary of the Treasury_ or his deleaate. 6. Less than Ten (10) Years of Service. The maximum retirement benefits Davable under this Section to anv Member who has completed less than ten (10) vears of Credited Service with the Citv shall be the amount determined under subsection 1 of this Section multiplied by a fraction. the numerator of which is the number of the Member's vears of Credited Service and the denominator of which is ten (10). The reduction provided by this subsection cannot reduce the maximum benefit below 10%. The reduction provided for in this subsection shall not be applicable to disabilitv benefits paid pursuant to Section 8. or pre -retirement death benefits paid pursuant to Section 7. 7. Participation in Other Defined Benefit Plans. The limit of this Section with respect to anv Member who at anv time has been a member in anv other defined benefit plan as defined in Code Section 414(1) maintained by the Citv shall apply as if the total benefits Davable under all Citv defined benefit Dlans in which the Member has been a member were Davable from one Dian. 8. Ten Thousand Dollar ($10.000) Limit. Notwithstandina the foreaoina. the retirement benefit Davable with respect to a Member shall be deemed not to exceed the limit set forth in this Section if the benefits Davable. with resDect to such Member under this Svstem and under all other aualified defined benefit Derision Dlans to which the Citv contributes. do not exceed ten thousand dollars ($10.000) for the applicable Plan Year and for anv Drior Plan Year and the Citv has not anv_ time maintained a aualified defined contribution Dian in which the Member participated. 9. Reduction of Benefits. Reduction of benefits and/or contributions to all plans. where required. shall be accomplished by first reducina the Member's benefit under anv defined benefit plans in which Member Darticipated. such reduction to be made first with resDect to the plan in which Member most recently accrued benefits and thereafter in such Drioritv as shall be Ordinance No. 1053 Page 23 of 49 determined by the Board and the plan administrator of such other plans, and next. bv. reducina or allocatina excess forfeitures for defined contribution plans in which the Member, participated. such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such other plans provided. however. that necessary reductions may be made in a different manner and priority pursuant to the aareement of the Board and the plan administrator of all other plans coverina such Member. 10. Service Credit Purchase Limits. A. Effective for permissive service credit contributions made in limitation vears beainnina after December 31, 1997. if a Member makes one or more contributions to purchase permissive service credit under the Svstem. as allowed in Section 23 and 27. then the reauirements of this Section will be treated as met oniv if: LD the reauirements of Code Section 415(b) are met, determined by treatina the accrued benefit derived from all such contributions as an annual benefit for purposes of Code Section 415(b), or Q the reauirements of Code Section 415(c) are met. determined by treatina all such contributions as annual additions for purposes of Code Section 415(c). Qj For purposes of applvina subparaaraph (1). the Svstem will not fail to meet the reduced limit under Code Section 415(b)(2)(c) solelv by reason of this subparaaraph (3). and for purposes of applvina subparaaraph (2) the Svstem will not fail to meet the percentaae limitation under Section 415(c)(1)(B) of the Code solelv by reason of this subparaaraph (3). B. For purposes of this subsection the term "permissive service credit" means service credit— recoanized by the Svstem for purposes of calculatina a Member's benefit under the plan. Q which such Member has not received under the plan, and M which such Member may receive onlv by makina a voluntary additional contribution. in an amount determined under the Svstem. which does not exceed the amount necessary to fund the benefit attributable to such service credit. Effective for permissive service credit contributions made in limitation years beainnina after December 31. 1997. such term may. if otherwise provided by the Svstem. include service credit for periods for which there is no performance of service. and. notwithstandina clause B.0. may include service credited in order to provide an increased benefit for service credit which a Member is receivina under, the Svstem. Ordinance No. 1053 Page 24 of 49 C. For purposes of aDDlvina the limits in this subsection 10.. only and for no other purpose. the definition of compensation where applicable will be compensation actually paid or made available durina a calendar vear. except as noted below and as permitted by Treasury Reaulations Section 1.415(c)-2. or successor reaulations. Unless another definition of compensation that is permitted by Treasury Reaulations Section 1.415(c)-2. or successor reaulation. is specified by the System. compensation will be defined as waaes within the meanina_ of Code Section 3401(a) and all other Davments of compensation to an emDlovee by an emDlover for which the emDlover is reauired to furnish the emDlovee a written statement under Code Sections 6041(d). 6051(a)(3) and 6052 and will be determined without reaard to anv rules under Code Section 3401(a) that limit the remuneration included in waaes based on the nature or location of the emDlovment or the services Derformed (such as the exception for aaricultural labor in Code Section 3401(a)(2). fn However. for calendar vears beainnina after December 31. 1997. compensation will also include amounts that would otherwise be included in comDensation but for an election under Code Sections 125(a). 402(e)(3)L 402(h)(1)(B). 402(k). or 457(b). For calendar vears beainnina after December 31. 2000. compensation will also include anv elective amounts that are not includible in the aross income of the emDlovee by reason of Code Section 132(f)(4). For limitation vears beainnina on and after January 1. 2007. compensation for the calendar vear will also include compensation paid by the later of 2Y2 months after an emDlovee's severance from emDlovment or the end of the calendar vear that includes the date of the emplovee's severance from emDlovment if: U the Davment is reaular compensation for services durina the emplovee's reaular workina hours. or comDensation for services outside the emDlovee's reaular workina hours (such as overtime or shift differential). commissions. bonuses or other similar Davments. and. absent a severance from emDlovment. the Davments would have been Daid to the emDlovee while the emDlovee continued in emDlovment with the emDlover: or .b the Davment is for unused accrued bona fide sick. vacation or other leave that the emDlovee would have been able to use if emDlovment had continued. Back Day. within the meanina of Treasury Reaulations Section 1.415(c)- 2(a)(8). shall be treated as compensation for the limitation vear to which the back Dav relates to the extent the back Dav represents waaes and compensation that would otherwise be included under this definition. D. Notwithstandina anv other Drovision of law to the contrarv. the Board may modify a reauest by a Member to make a contribution to the System if the amount of the Ordinance No. 1053 Page 25 of 49 contribution would exceed the limits provided in Code Section 415 by usina the followina methods: M If the law reauires a lump sum pavment for the purchase of service credit, the Board may establish a periodic pavment deduction plan for the Member to avoid a contribution in excess of the limits under Code Sections 415(c) or 415(n). If pavment pursuant to subparagraph (1) will not avoid a contribution in excess of the limits imposed by Code Section 415(c). the Board may either reduce the Member's contribution to an amount within the limits of that section or refuse the Member's contribution. 11. Additional Limitation on Pension Benefits. Notwithstandinca anvthina herein to the contrarv: A. The normal retirement benefit or pension pavable to a Retiree who becomes a Member ot'the Svstem and who has not previously participated in such Svstem. on or after Jarivary 1, 1980, shall not exceed one hundred percent (100%) of his Averaae Final Compensation. However, nothina contained in this Section shall apply to suDolemental retirement benefits or to pension increases attributable to cost-of-livina Jncreases or adiustments. B. No Member o,f the Svstem shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon anv service with respect to which the Member is ailreadv receiving, or will receive in the future, a retirement benefit or pension from a different emplover's retirement system or plan. This restriction does not apply to socipal securitv benefits or federal benefits under Chapter 67. Title 10. U.S. Code. SECTION 15. MINIMUM DISTRIBUTION OF BENEFITS. 1. General Rules. A. Effective Date. Effective as of January 1. 1989. the Plan will pav all benefits in accordance with a good faith interpretation of the requirements of Code Section 401(a)(9) and the requlations in effect under that section, as applicable to a aovernmental plan within the meaninq of Code Section 414(d). Effective on and after January 1, 2003, the Plan is also subiect to the specific provisions contained in this Section. The provisions of this Section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. B. Precedence. The requirements of this Section will take precedence over any inconsistent provisions of the Plan. : :JjILW :0 : Ordinance No. 1053 Page 26 of 49 9 C. TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this Section other than this subsection +-D 1.C., distributions may be made under a designation made before January 1, 1984, in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that related to Section 242(b)(2) of TEFRA. 2. Time and Manner of Distribution. A. Reauired Beainnina Date. The Member's entire interest will be distributed, or begin to be distributed, to the Member no later than the Member's required beginning date which shall not be later than April 1 of the calendar year following the later of the calendar year in which the Member attains age seventy and one-half (70'/) or the calendar year in which the Member retires unless otherwise provided f6r in the PI terminates emplovment with the Citv. B. Death of Member Before Distributions Begin. If the Member dies before distributions begin, the Member's entire interest will be distributed, or begin to be distributed no later than as follows: (1) If the Member's surviving spouse is the Member's sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Member died, or by a date on or before, December 31 of the calendar year in which the Member would have attained age 70'/, if later. as the surviving spouse elects. (2) If the Member's surviving spouse is not the Member's sole designated beneficiary, then, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Member died. (3) If there is no designated beneficiary as of September 30 of the year following the year of the Member's death, the Member's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Member's death. (4) If the Member's surviving spouse is the Member's sole designated beneficiary and the surviving spouse dies after the Member but before distributions to the surviving spouse begin, this subsection 2.B., other than subsection 2.13.(1), will apply as if the surviving spouse were the Member. For purposes of this subsection 2.13. and subsection 5., distributions are considered to begin on the Member's required beginning date or, if subsection 2.B.(4) applies, the date of distributions are required to begin to the surviving spouse under subsection 2.8.(1). If annuity payments irrevocably commence to the Member before the Member's required beginning date (or to the Member's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection Ordinance No. 1053 Page 27 of 49 2.B.(1)), the date distributions are considered to begin is the date distributions actually commence. C. Death After Distributions Beoin. If the Member dies after the reauired distribution, of benefits has beaun. the remainina portion of the Member's interest must be. distributed at least as rapidly as under the method of distribution before the Member's death. E D. Form of Distribution. Unless the Member's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance , 4 and -&-of with this Section. If the Member's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordancewith the requirements of Section 401(a)(9) of the Code and Treasury regulations. Any part of the Member's interest which is in the form of an individual account described in Section 414(k) of the Code will be distributed in a manner satisfying the requirements of Section 401(a)(9) of the Code and Treasury regulations that apply to individual accounts. 3. Determination of Amount to be Distributed Each Year. A. General Anmuffity Requirements. If the Member's interest is paid in the form of annuity distributions under the Plan, payments under the annuity will satisfy the following requirements: (1) The annuity distributions will be paid in periodic payments made at intervals not longer than one year. (2) The distribution period will be ever a Iffife (or lives) or ever a period eertain no longer than the peried deseribed an subseetion 4 or 5. The Member's entire interest must be distributed Dursuant to Section 6. Section 7. Section 9. or Section 10 (as applicable) and in anv event over a period equal to or less than the Member's life or the lives of the Member and a designated beneficiary, or over a period not extendina bevond the life expectancv of the Member or of the Member and a designated beneficiarv. The life expectancv of the Member. the Member's spouse, or the Member's beneficiary may not be recalculated after the initial determination for purposes of determining. benefits. ---- - ---- - -- I- -- - - - W- - ---- - -- - -- - - - ,..ayments will either be ng or ineresse only as follows. kal vy athat does not exeeed the eurnuistive annual iii,i c eA.5 . Ordinance No. 1053 Page 28 of 49 /�\ T_ ythe extent of the reduetoon l,l._ Member's \ I I V L11\i f�111U No_ _ _ _ _ _I�l : . • _ _ : : : _ _ _ _ : • : _ -W_-W-_9F-W IT I w, O W. W ted am a Plan amendment. B. Amount Reauired to be Distributed by Required Beainnina Date. The amount that must be distributed on or before the Member's required beginning date (or, if the Member dies before distributions begin, the date distributions are required to begin under subseetoom 2.13. Section 7) is the payment that is required for one payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., bi-monthly, monthly, . All of the Member's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the Member's required beginning date. C. Additional Accruals After First Distribution Calendar Year.. Any additional benefits accruing to the Member in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. 4.11 lil 111i1 I1:7for Annuwtv DostrabubonsThatI111IIVIIVL'. VM,i IWa Mernb"l'G Lifetime. MEN• _ _ _ _ _ = _ _ _ _ _ _ .W9.9 _ . • _ _ _ _ ---• ; -- ; - - ; - ---;- --; -- ;--- I - - I a,Aiwir--: Lin 01-1 Ordinance No. 1053 Page 29 of 49 ::. ; - - ; ; : : .: - V 4. General Distribution Rules. A. The amount of an annuity paid to a Member's beneficiary may not exceed the maximum determined under the incidental death benefit reauirement of Code Section 401(a)(9)(G). and effective for anv annuity commencina on or after January 1. 2008. the minimum distribution incidental benefit rule under Treasury Rea_ ulation Section 1.401(a)(9)-6. Q&A-2. B. The death and disability benefits provided by the Plan are limited by the incidental benefit rule set forth in Code Section 401(a)(9)(G) and Treasury Regulation Section 1.401-1(b)(1)(1) or anv successor reaulation thereto. As a result. the total death or disability benefits pavable may not exceed 25% of the cost for all of the Members' benefits received from the retirement system. 65. Definitions. A. Desianated Beneficiarv. The individual who is designated as the beneficiary under the Plan and is the designated beneficiary under Section 401(a)(9) of the Code and Section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations. B. Distribution Calendar Year. A calendar year for which a minimum distribution is required. For distributions beginning before the Member's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the Member's required beginning date. For distributions beginning after the Member's death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to subseetiort 2-.& Section 7. M, .. CAL— T U. 1'av _ UQLG. 1 1 SECTION 16. MISCELLANEOUS PROVISIONS. 1. Interest of Members in System. At All assets of the Fund are held in trust. and at no time prior to the satisfaction of all liabilities under the System with respect to Members and their Spouses or Beneficiaries, shall any part of the corpus or income of the Fund be used for or diverted to any purpose other than for their exclusive benefit. 2. No Reduction of Accrued Benefits. No amendment or ordinance shall be adopted by the City Council of the City of Okeechobee which shall have the effect of reducing the then vested accrued benefits of Members or a Member's Beneficiaries. Ordinance No. 1053 Page 31 of 49 3. Qualification of Svstem. It is intended that the System will constitute a qualified pension plan under the applicable provisions of the Code for a aualified plan under Code Section 401(a) and a qovernmental plan under Code Section 414(d), as now in effect or hereafter amended. Any modification or amendment of the System may be made retroactively, if necessary or appropriate, to qualify or maintain the System as a Plan meeting the requirements of the applicable provisions of the Code as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. 4. Use of Forfeitures. Forfeitures arising from terminations of service of Members shall serve only to reduce future City contributions. 5. Prohibited Transactions. Effective as of January 1. 1989. a Board may not enaaae in a transaction prohibited by Code Section 503(b). 6. USERRA. Effective December 12. 1994. notwithstandina anv other provision of this Svstem. contributions. benefits and service credit with respect to qualified military service are aoverned by Code Section 414(u) and the Uniformed Services Emolovment and Reemolovment Riqhts Act of 1994, as amended. To the extent that the definition of "Credited Service" sets forth contribution reauirements that are more favorable to the Member than the minimum compliance requirements, the more favorable provisions shall apply. 7. Vestina. A. Member will be 100% vested in all benefits upon attainment of the Plan's aae and service reauirements for the Plan's normal retirement benefit; and B. A Member will be 100% vested in all accrued benefits. to the extent funded, if the Plan is terminated or experiences a complete discontinuance of emplover contributions. 8. Electronic Forms. In those circumstances where a written election or consent is not required by the Plan or the Code. an oral. electronic. or telephonic form in lieu of or in addition to a written form may be prescribed by the Board. However. where applicable. the Board shall comply with Treas. Rea. & 1.401(a)-21. SECTION 17. REPEAL OR TERMINATION OF SYSTEM. 1. This ordinance establishing the System and Fund, and subsequent ordinances pertaining to said System and Fund, may be modified, terminated, or amended, in whole or in part; provided that if this or any subsequent ordinance shall be amended or repealed in its application to any person benefitting hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the Member or Ordinance No. 1053 Page 32 of 49 Beneficiary shall not be affected thereby, exeept to the extent that the assets of the Fund may be determined Gtia i.y a.ate. 2. If this ordinance shall be repealed, or if contributions to the System are discontinued or if there is a transfer, merger or consolidation of government units, services or functions as provided in Chapter 121, Florida Statutes, the Board shall continue to administer the System in accordance with the provisions of this ordinance, for the sole benefit of the then Members, any Beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one of the options provided for in this ordinance who are designated by any of said Members. In the event of repeal, discontinuance of contributions, or transfer merger or consolidation of government units, services or functions, there shall be full vesting (100%) of benefits accrued to date of repeal and the assets of the Systern Shall be alloeated On am equitable rmanner to provide benefits em a propertionate basis to the persons so entitleduGi.Ol"uwith the provisioms theree such benefits shall be nonforfeitable. : LW MIWIWI:: IN :. . ;11115- ; RIF : :.IN - ;. . ; ;. M. I"there i .. 4 U. 11 rr1e111",;rl �l"'��.. 6.NNui (lu l'n'1'I �,i l'C"linde1`Ndi appertiommemt she" next be made on respeet of each Member im the serviee of the E)ity an sueh date who is vested amd who is not embtled to anV 1 lIV 1"11 1'1V`"1unde pa1 Gyl'tl' , 2irldl L1wlv1 la, ,..f-t'lie vested portion of thz, normal --ref;rcrocx,-� benefit (but met less then r' al1 ray-Ci 1 11IQfve, teem as of stieh date, vested former Member then entitled to a _ _ _ : _ _ _ _ _ _ _ _ _ _ : r _ • _ _ • • • 1910 _ ME • _ _ _ _ _ _ _ _ . _ • _ _ _ : . . MR _ _ _ _ • • I • _ • _ _ I at 1 1i 1 1 11111 11asset Va1tK-- V. 1qp1,� ITIg�L be a y CISSCl�1,A1MV t'wi a�:l -ll-�V u-Nui L-. pai grd fj shall be made On respeet of eseh Member On the serviee on sueh date who 89 not entitled It tinder Neurrlgru rhs A and-B-IR Ordinance No. 1053 Page 33 of 49 :. : . - - :. : : :• -- . .. - ; -:. . ; ;-- L.0 :f there be any asset VS 1 after the al � A, B, and G, apportionment she" lastly be made respeet of eaeh Mern 6 ne'uded in-F. G-41-0!1.9-1-C-Aph 6 above to the extent of the Actuarial Equivalemt of the men vested portion of the . ; appartmeme; arnoumts shall be : Stleh III CAL Girvy U111V ;� -- - -- ; ; ; ANN . =I;. IN L -tt. III :. - . .. . . . . . ... . . .. . ... .. ;. ; ; - ; ._ ;. ; ; ; - -;-- - I�JL�JI�C _111�1 -- - -- ---; --; ----•-; ;--- -; i ;-; ---•-;- -- -;---ice: --; --- - iv�ftrlialvrflities have'.%-reen satisfic-1, then anIvnly then shall funds reve l • _ _ _ _ • _ : : the 3. The fund shall be distributed in accordance with the following procedures: Ordinance No. 1053 Page 34 of 49 A. The Board shall determine the date of distribution and the asset value reauired to fund all the nonforfeitable benefits after takina into account the expenses of such distribution. The Board shall inform the Citv if additional assets are reauired. in which event the Citv shall continue to financially support the Plan until all nonforfeitable benefits have been funded. B. The Board shall determine the method of distribution of the asset value, whether distribution shall be by Davment in cash. by the maintenance of another or substituted trust fund. by the Durchase of insured annuities. or otherwise. for each General EmDlovee entitled to benefits under the Dlan as specified in subsection C. C. The Board shall distribute the asset value as of the date of termination in the manner set forth in this subsection, on the basis that the amount reauired to Drovide anv given retirement income is the actuarially computed sinale-sum value of such retirement income, except that if the method of distribution determined under subsection B. involves the Durchase of an insured annuitv. the amount reauired to provide the aiven retirement income is the sinale Dremium Davable for such annuitv. The actuarial sinale-sum value may not be less than the General EmDlovee's Accumulated Contributions to the Plan, with interest if Drovided by the Plan. less the value of anv plan benefits previously paid to the General EmDlovee. D. If there is asset value remainina after the full distribution specified in subsection C.. and after the Davment of anv expenses incurred with such distribution. such excess shall be returned to the Citv. E. The Board shall distribute. in accordance with subsection B.. the amounts determined under subsection C. SECTION 18. DOMESTIC RELATIONS ORDERS: RETIREE DIRECTED PAYMENTS: EXEMPTION FROM EXECUTION. NON -ASSIGNABILITY. 1. Domestic Relations Orders. A. Prior to the entry of any domestic relations order which affects or purports to affect the System's responsibility in connection with the payment of benefits of a Retiree, the Member or Retiree shall submit the proposed order to the Board for review to determine whether the System may legally honor the order. B. If a domestic relations order is not submitted to the Board for review prior to entry of the order, and the System is ordered to take action that it may not legally take, and the System expends administrative or legal fees in resolving the matter, the Member or Retiree who submits such an order will be required to reimburse the System for its expenses in connection with the order. 2. Retiree Directed Pavments. The Board may, upon written request by a Retiree or by a dependent, when authorized by a Retiree or the Retiree's Beneficiary, authorize the System to withhold from the monthly retirement payment those funds that are necessary to pay for the benefits being received Ordinance No. 1053 Page 35 of 49 through the City', to pay the certified bargaining agent of the City, and to make any payments for child support or alimony. 3. Exemption from Execution. Non -Assignability. Except as otherwi+se provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this ordinance and the Accumulated Contributions and the cash securities in the Fund created under this ordinance are herebjv exempted from any state, county or municipal tax and shall not be subject to execution, ;attachment, garnishment or any legal process whatsoever and shall be unassignable. SECTION 19. PENSION VALIDITY. The Board shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. The Board is empowered to purge the pension rolls or correct the pension amount of any person heretofore granted a pension under prior or existing law or any person hereafter granted a pension under this ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person w ho has heretofore under any prior or existing law been or who shall hereafter under this ordinance be erroneously, improperly or illegally classified. Any overpayments or underpayments shall be corrected and paid or repaid in a reasonable manner determined by the iBoard. SECTION 20. FORFEITURE OF F2ENSION. 1. Any Member who is convictEBd of the following offenses committed prior to retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this System, except for the return of his Accumulated Contributions, but without interest, as of the date of termination. Specified offenses are as follows: A. The committing, aiding► or abetting of an embezzlement of public funds; B. The committing, aiding or abetting of any theft by a public officer or employee from employer; C. Bribery in connection with the employment of a public officer or employee; D. Any felony specified in Chapter 838, Florida Statutes: E. The committing of an impeachable offensei F. The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use Ordinance No. 1053 Page 36 of 49 of the power, rights, privileges, duties or position of his public office or employment position, or G. The committina on or after October 1. 2008. of anv felony defined in Section 800.04. Florida Statutes. aaainst a victim vounaer than sixteen (16) vears of aae. or anv felonv defined in Chapter 794, Florida Statutes. against a victim vounaer than eighteen (18) vears of aae. by a public officer or emplovee throuah the use or attemated use of power. rights, privileaes, duties, or position of his or her oublic office or employment position. 2. Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. 3. Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. Prior to forfeiture, the Board shall hold a hearing on which notice shall be given to the Member whose benefits are being considered for forfeiture. Said Member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the Member shall be afforded a full opportunity to present his case against forfeiture. 4. Any Member who has received benefits from the System in excess of his Accumulated Contributions after Member's rights were forfeited shall be required to pay back to the Fund the amount of the benefits received in excess of his Accumulated Contributions, but without interest. The Board may implement all legal action necessary to recover such funds. SECTION 21. INDEMNIFICATION,. 1. To the extent not covered by insurance contracts in force from time to time, the City shall indemnify, defend and hold harmless members of the Board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "claims", against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the Board. The City reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify, defend and hold harmless any members of the Board from the judgment, execution, or levy thereon. 2. This Section shall not be construed so as to relieve any insurance company or other entity liable to defend the claim or liable for payment of the judgment or claim, from any liability, nor does this Section waive any provision of law affording the City immunity from any suit in whole or part, or waive any other substantive or procedural rights the City may have. Ordinance No. 1053 Page 37 of 49 3. This Section shall not apply nor shall the City be responsible in any manner to defend or pay for claims arising out of acts or omissions of members of the Board which constitute felonies or gross malfeasance or gross misfeasance in office. SECTION 22. TRANSFERS WITHIN THE CITY. If a member of any of the City's three retirement systems transfers to either of the other two systems, he must choose one of the following procedures with regard to Credited Service accrued to date of transfer. 1. The Member may take a refund of his Accumulated Contributions, in which event no pension benefit shall be payable based on Credited Service attributable to the period covered. 2. The member may leave his Accumulated Contributions in the fund in which event his Credited Service with both systems shall be combined for purposes of determining eligibility for benefits and for vesting. When the member is eligible to receive a benefit, he shall receive benefits from both systems, which shall consist of accrued benefits under each system based on the provisions of the respective system and the earnings and Credited Service under that system. SECTION 23. MILITARY SERVICE PRIOR TO EMPLOYMENT. The years or fractional parts of years that a General Employee serves or has served on active duty in the active military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, honorably or under honorable conditions, prior to first and initial employment with the City shall be added to his years of Credited Service provided that: 1. The Member contributes to the Fund the sum that he would have contributed, based on his Salary and the Member contribution rate in effect at the time that the Credited Service is requested, had he been a member of the System for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of years of Credited Service. 2. Multiple requests to purchase Credited Service pursuant to this Section may be made at any time prior to Retirement. 3. Payment by the Member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section shall be four (4) years. 5. Credited Service purchased pursuant to this section shall not count toward vesting. Ordinance No. 1053 Page 38 of 49 • • SECTION 24. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER, DISTRIBUTIONS, ELIMINATION OF MANDATORY DISTRIBUTIONS. 1. Rollover Distributions. A. General. This Section applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. B. Definitions. (1) Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Code; and the portion of any distribution that is not includible in gross income. Any Effective January 1. 2002. anv, portion of any distribution which would be includible in gross income as after-tax emplovee contributions will be an eligible rollover distribution if the distribution is made to an individual retirement account described in section 408(a), to an individual retirement annuity described in section 408(b), of to a qualified defined contribution plan described in section 401(a) or 403(a) that agrees to separately account for amounts so transferred (and earninas thereon), including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible: or on or after January 1. 2007, to a qualified defined benefit plan. described in Code Section 401(a) or to an annuitv contract described in, Code Section 403(b). that aarees to separately account for amounts so. transferred (and earninas thereon). including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible.. (2) Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, effective January 1, 2002, an eligible deferred compensation plan described in section 457(b) of the Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Code and which agrees to separately account for amounts transferred into such plan from this plan: effective January 1. 2002, an annuity contract described in section 403(b) of the Code, of a qualified trust described in section 401(a) of the Code: or effective January 1, 2008, a Roth IRA, described in Section 408A of the Code, that accepts the distributee's eligible Ordinance No. 1053 Page 39 of 49 rollover distribution. This definition shall also apply in the case of an eligible rollover distribution to the surviving Spouse. (3) Distributee: A distributee includes an employee or former employee. +rt It also includes the employee's or former employee's surviving Spouse as and the emplovee's or former employee's spouse or former spouse. Effective January 1. 2007. it further includes a nonspouse beneficiary who is a, designated beneficiary as defined by Code Section 401(a)(9)(E). However. a nonspouse beneficiary may rollover the distribution only to an individual retirement account or individual retirement annuitv established for the, purpose of receivina the distribution and the account or annuitv will be. treated as an "inherited" individual retirement account or annuitv., (4) Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. 2. Rollovers or Transfers into the Fund. On or after January 1, 2002, the System will accept, solely for the purpose of purchasing Credited Service as provided herein, permissible Member requested transfers of funds from other retirement or pension plans, Member rollover cash contributions and/or direct cash rollovers of distributions made on or after January 1, 2002, as follows: A. Transfers and Direct Rollovers or Member Rollover Contributions from Other Plans. The System will accept either a direct rollover of an eligible rollover distribution or a Member contribution of an eligible rollover distribution from a qualified plan described in section 401(a) or 403(a) of the Code, from an annuity contract described in section 403(b) of the Code or from an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. The System will also accept legally permissible Member requested transfers of funds from other retirement or pension plans. B. Member Rollover Contributions from IRAs. The system will accept a Member rollover contribution of the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the Code that is eligible to be rolled over and wou'd otherwise be gross 3. Elimination of Mandatory Distributions. Notwithstanding any other provision herein to the contrary, in the event this Plan provides for a mandatory (involuntary) cash distribution from the Plan not otherwise required by law, for an amount in excess of one -thousand dollars ($1,000.00), such distribution shall be made from the Plan only upon written request of the Member and completion by the Member of a written election on forms designated by the Board, to either receive a cash lump sum or to rollover the lump sum amount. SECTION 25. REEMPLOYMENT AFTER RETIREMENT 1. Any Retiree who is retired under this System, except for disability retirement as previously provided for, may be reemployed by any public or private employer, except the City, and Ordinance No. 1053 Page 40 of 49 may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this System. Reemployment by the City shall be subject to the limitations set forth in this Section. 2. After Normal Retirement. Any Retiree who is retired under normal retirement pursuant to this System and who is reemployed as a General Employee after that Retirement and, by virtue of that reemployment, is eligible to participate in this System, shall upon being reemployed continue receipt of benefits. Upon reemployment, the Retiree shall be deemed to be fully vested and the additional Credited Service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final Retirement. Calculations of benefits upon Retirement shall be based upon the benefit accrual rate, Average Final Compensation, and Credited Service as of that date and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, Average Final Compensation (based only on the subsequent employment period and not including any period of DROP participation), and Credited Service as of the date of subsequent retirement The amount of any death or disability benefit received as a result of a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for a prior period of employment. The optional form of benefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein, but the Member may select a different optional form and joint pensioner applicable to the subsequent retirement benefit. 3. Any Retiree who is retired under normal retirement pursuant to this System and who is reemployed by the City after that Retirement and, by virtue of that reemployment is ineligible to participate in this System, shall, during the period of such reemployment, continue to receive retirement benefits previously earned. Former DROP participants shall begin receipt of benefits under these circumstances. 4. After Early Retirement. Any Retiree who is retired under early retirement pursuant to this System and who subsequently becomes an employee of the City in any capacity, shall discontinue receipt of benefits from the System until the earlier of termination of employment or such time as the reemployed Retiree reaches the date that he would have been eligible for normal retirement under this System had he continued employment and not elected early retirement. "Normal retirement" as used in this subsection shall be the current normal retirement date provided for under this System. A Retiree who returns to work under the provisions of this Section shall not be eligible for membership in the System, and, therefore, shall not accumulate additional Credited Service for subsequent periods of employment described in this Section, shall not be required to make contributions to the System, nor shall he be eligible for any other benefit other than the Retiree's early retirement benefit when he again becomes eligible as provided herein. Retirement pursuant to an early retirement incentive program shall be deemed early retirement for purposes of this Section if the Member was permitted to retire prior to the customary retirement date provided for in the System at the time of retirement. Ordinance No. 1053 Page 41 of 49 5. ReemDlovment of Terminated Vested Persons. Reemployed terminated vested persons shall not be subject to the provisions of this Section until such time as they begin to actually receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as normal or early Retirees for purposes of applying the provisions of this Section and their status as an early or normal Retiree shall be determined by the date they elect to begin to receive their benefit. 6. DROP Participants. Members or retirees who are or were in the Deferred Retirement Option Plan shall, following termination of employment after DROP participation, have the options provided for in this section for reemployment. SECTION 26. ADOPTION OF PLAN BY THE OKEECHOBEE UTILITY AUTHORITY Effective September 29, 1995, the Okeechobee Utility Authority shall adopt this City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, by Resolution, to provide benefits to full time employees of the Okeechobee Utility Authority. For purposes of determining benefits under this system, employment by the Okeechobee Utility Authority shall be treated in the same manner as, and have the same effect as, employment by the City of Okeechobee, and there shall be no lapse in plan membership or Credited Service due to transfers of employment between the Okeechobee Utility Authority and the City of Okeechobee. Where reference is made elsewhere in this document to "the City," such reference shall be deemed to include the Okeechobee Utility Authority, unless clearly indicated otherwise by context. SECTION 27. PRIOR GOVERNMENT SERVICE. Unless otherwise prohibited by law, the years or fractional parts of years that a general employee who was previously a member, but who terminated employment and is not otherwise entitled to credited service for such previous period of employment as a general employee, or the years or fractional parts of years that a member previously served as an employee for any governmental agency in the United States, including but not limited to federal, state or local government service, and for which he does not otherwise qualify for and receive credit under this system, shall be added to his years of credited service provided that: 1. The Member contributes to the Fund the sum that he would have contributed, based on his Salary and the Member contribution rate in effect at the time that the Credited Service is requested, had he been a member of the System for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of years of Credited Service. 2. Multiple requests to purchase Credited Service pursuant to this Section may be made at any time prior to Retirement. 3. Payment by the member of the required amount shall be made within six (6) months of his or her request for credit, but, in any event, prior to Retirement, and shall be made in one lump sum payment upon receipt of which Credited Service shall be given. Ordinance No. 1053 Page 42 of 49 • • 4. There shall be no maximum purchase of Credited Service pursuant to this Section and Credited Service purchased shall count for all purposes including vesting. 5. In no event, however, may Credited Service be purchased pursuant to this Section for prior service with any other governmental agency, if such prior service forms or will form the basis of a retirement benefit or pension from another retirement system or plan as set forth in Section 14, subsection B-Br 11.13. SECTION 28. DEFERRED RETIREMENT OPTION PLAN. 1. Definitions. As used in this Section 28, the following definitions apply: A. "DROP" -- The City of Okeechobee General Employees' Deferred Retirement Option Plan. B. "DROP Account" -- The account established for each DROP participant under subsection 3. 2. Participation. A. Eliaibilitv to Participate. In lieu of terminating his employment as a General Employee, any Member who is eligible for normal retirement under the System may elect to defer receipt of such service retirement pension and to participate in the DROP. B. Election to Participate. A Member's election to participate in the DROP must be made in writing in a time and manner determined by the Board and shall be effective on the first day of the first calendar month which is at least fifteen (15) business days after it is received by the Board. C. Period of Participation. A Member who elects to participate in the DROP under subsection 2.B., shall participate in the DROP for a period not to exceed sixty (60) months beginning at the time his election to participate in the DROP first becomes effective. An election to participate in the DROP shall constitute an irrevocable election to resign from the service of the City not later than the date provided for in the previous sentence. A Member may participate only once. D. Termination of Participation. (1) A Member's participation in the DROP shall cease at the earlier of: (a) the end of his permissible period of participation in the DROP as determined under subsection 2.C.; or (b) termination of his employment as a General Employee. Ordinance No. 1053 Page 43 of 49 (2) Upon the Member's termination of participation in the DROP, pursuant to subsection (a) above, all amounts provided for in subsection 3.B., including monthly benefits and investment earnings and losses or interest, shall cease to be transferred from the System to his DROP Account. Any amounts remaining in his DROP Account shall be paid to him in accordance with the provisions of subsection 4. when he terminates his employment as a General Employee. (3) A Member who terminates his participation in the DROP under this subsection 2.D. shall not be permitted to again become a participant in the E. Effect of DROP Participation on the Svstem. (1) A Member's Credited Service and his accrued benefit underthe System shall be determined on the date his election to participate in the DROP first becomes effective. The Member shall not accrue any additional Credited Service or any additional benefits under the System (except for any additional benefits provided under any cost -of -living adjustment for Retirees in the System) while he is a participant in the DROP. After a Member commences participation, he shall not be permitted to again contribute to the System nor shall he be eligible for disability or pre -retirement death benefits, except as provided for in Section 25, Reemployment After Retirement. (2) No amounts shall be paid to a Member from the System while the Member is a participant in the DROP. Unless otherwise specified in the System, if a Member's participation in the DROP is terminated other than by terminating his employment as a General Employee, no amounts shall be paid to him from the System until he terminates his employment as a General Employee. Unless otherwise specified in the System, amounts transferred from the System to the Member's DROP Account shall be paid directly to the Member only on the termination of his employment as a General Employee. 3. Fundinq. A. Establishment of DROP Account. A DROP Account shall be established for each Member participating in the DROP. A Member's DROP Account shall consist of amounts transferred to the DROP under subsection 3.B., and earnings or interest on those amounts. B. Transfers From Retirement Svstem. (1) As of the first day of each month of a Member's period of participation in the DROP, the monthly retirement benefit he would have received under the System had he terminated his employment as a General Employee and elected to receive monthly benefit payments thereunder shall be transferred to his DROP Account, except as otherwise provided for in subsection 2.D.(2). A Member's period of participation in the DROP shall be determined in accordance with the provisions of subsections 2.C. and 2.D., but in no event Ordinance No. 1053 Page 44 of 49 shall it continue past the date he terminates his employment as a General Employee. (2) Except as otherwise provided in subsection 2.D.(2), a Member's DROP Account under this subsection 3.13. shall be debited or credited after each fiscal year quarter with either: (a) Interest at an effective rate of six and one-half percent (6.5%) per annum compounded monthly on the prior month's ending balance; or (b) Earnings, determined as follows: The average daily balance in a Member's DROP Account shall be credited or debited at a rate equal to the net investment return realized by the System for that quarter. "Net investment return" for the purpose of this paragraph is the total return of the assets in which the Member's DROP Account is invested by the Board net of brokerage commissions, transaction costs and management fees. Upon electing participation in the DROP, the Member shall elect to receive either interest or earnings on his account to be determined as provided above. The Member may, in writing, elect to change his election only once during his DROP participation. An election to change must be made prior to the end of a quarter and shall be effective beginning the following quarter. (3) A Member's DROP Account shall only be credited or debited with earnings or interest and monthly benefits while the Member is a participant in the DROP. A Member's final DROP account value for distribution to the Member upon termination of participation in the DROP shall be the value of the account at the end of the quarter immediately preceding termination of participation plus any monthly periodic additions made to the DROP account subsequent to the end of the previous quarter and prior to distribution. If a Memberfails to terminate employment after participating in the DROP for the permissible period of DROP participation, then beginning with the Member's 1 st month of employment following the last month of the permissible period of DROP participation, the Member's DROP Account will no longer be credited or debited with earnings or interest, nor will monthly benefits be transferred to the DROP account. All such non -transferred amounts shall be forfeited and continue to be forfeited while the Member is employed by the City, and no cost -of -living adjustments shall be applied to the Member's credit during such period of continued employment. A Member employed by the City after the permissible period of DROP participation will be eligible for pre -retirement death and disability benefits, and will accrue additional Credited Service, only as provided for in Section 25. 4. Distribution of DROP Accounts on Termination of Employment. A. Eligibility for Benefits. Ordinance No. 1053 Page 45 of 49 A Member shall receive the balance in his DROP Account in accordance with the provisions of this subsection 4. upon his termination of employment as a General Employee. Except as provided in subsection 4.E., no amounts shall be paid to a Member from the DROP prior to his termination of employment as a General Employee. B. Form of Distribution. (1) Unless the Member elects otherwise, distribution of his DROP Account shall be made in a lump sum, subject to the direct rollover provisions set forth in subsection 4.F. A Member may, however, eleet, an stieh time and man as the Board shall preseribe, that his DROP distributeen be used to purehase a nenforfe*table foxed annuity payable in stieh form ets the Member may elect. Elections under this paragraph shall be in writing and shall be made in such time or manner as the Board shall determine. (2) If a Member dies before his benefit is paid, his DROP Account shall be paid to his Beneficiary in such optional form as his Beneficiary may select. If no Beneficiary designation is made, the DROP Account shall be distributed to the Member's estate. C. Date of Pavment of Distribution. Except as otherwise provided in this subsection 4., distribution of a Member's DROP Account shall be made as soon as administratively practicable following the Member's termination of employment. Distribution of the amount in a Member's DROP account will not be made unless the Member completes a written request for distribution and a written election, on forms designated by the Board, to either receive a cash lump sum or a rollover of the lump sum amount. D. Proof of Death and Riaht of Beneficiary or Other Person. The Board may require and rely upon such proof of death and such evidence of the right of any Beneficiary or other person to receive the value of a deceased Member's DROP Account as the Board may deem proper and its determination of the right of that Beneficiary or other person to receive payment shall be conclusive. E. Distribution Limitation. Notwithstanding any other provision of this subsection 4., all distributions from the DROP shall conform to the "Minimum Distribution Of Benefits" provisions as provided for herein. F. Direct Rollover of Certain Distributions. This subsection applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the DROP to the contrary, a distributee may elect to have any portion of an eligible rollover distribution paid in a direct rollover as otherwise provided under the System in Section 24. 5. Administration of DROP. A. Board Administers the DROP. Ordinance No. 1053 Page 46 of 49 The general administration of the DROP, the responsibility for carrying out the provisions of the DROP and the responsibility of overseeing the investment of the DROP's assets shall be placed in the Board. The members of the Board may appoint from their number such subcommittees with such powers as they shall determine; may adopt such administrative procedures and regulations as they deem desirable for the conduct of their affairs; may authorize one or more of their number or any agent to execute or deliver any instrument or make any payment on their behalf; may retain counsel, employ agents and provide for such clerical, accounting, actuarial and consulting services as they may require in carrying out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such portion of their duties under the DROP, other than those granted to them as Trustee under any trust agreement adopted for use in implementing the DROP, as they, in their sole discretion, shall decide. A Trustee shall not vote on any question relating exclusively to himself. B. Individual Accounts. Records and Reports. The Board shall maintain records showing the operation and condition of the DROP, including records showing the individual balances in each Member's DROP Account, and the Board shall keep in convenient form such data as may be necessary for the valuation of the assets and liabilities of the DROP. The Board shall prepare and distribute to Members participating in the DROP and other individuals or file with the appropriate governmental agencies, as the case may be, all necessary descriptions, reports, information returns, and data required to be distributed or filed for the DROP pursuant to the Code and any other applicable laws. C. Establishment of Rules. Subject to the limitations of the DROP, the Board from time to time shall establish rules for the administration of the DROP and the transaction of its business. The Board shall have discretionary authority to construe and interpret the DROP (including but not limited to determination of an individual's eligibility for DROP participation, the right and amount of any benefit payable under the DROP and the date on which any individual ceases to be a participant in the DROP). The determination of the Board as to the interpretation of the DROP or its determination of any disputed questions shall be conclusive and final to the extent permitted by applicable law. D. Limitation of Liabilitv. (1) The Trustees shall not incur any liability individually or on behalf of any other individuals for any act or failure to act, made in good faith in relation to the DROP or the funds of the DROP. (2) Neither the Board nor any Trustee of the Board shall be responsible for any reports furnished by any expert retained or employed by the Board, but they shall be entitled to rely thereon as well as on certificates furnished by an accountant or an actuary, and on all opinions of counsel. The Board shall be fully protected with respect to any action taken or suffered by it in good Ordinance No. 1053 Page 47 of 49 faith in reliance upon such expert, accountant, actuary or counsel, and all actions taken or suffered in such reliance shall be conclusive upon any person with any interest in the DROP. 6. General Provisions. A. Amendment of DROP. The DROP may be amended by an ordinance of the City at any time and from time to time, and retroactively if deemed necessary or appropriate, to amend in whole or in part any or all of the provisions of the DROP. However, except as otherwise provided by law, no amendment shall make it possible for any part of the DROP's funds to be used for, or diverted to, purposes other than for the exclusive benefit of persons entitled to benefits under the DROP. No amendment shall be made which has the effect of decreasing the balance of the DROP Account of any Member. B. Facility of Pavment. If a Member or other person entitled to a benefit under the DROP is unable to care for his affairs because of illness or accident or is a minor, the Board shall direct that any benefit due him shall be made only to a duly appointed legal representative. Any payment so made shall be a complete discharge of the liabilities of the DROP for that benefit. C. Information. Each Member, Beneficiary or other person entitled to a benefit, before any benefit shall be payable to him or on his account under the DROP, shall file with the Board the information that it shall require to establish his rights and benefits under the D. Prevention of Escheat. If the Board cannot ascertain the whereabouts of any person to whom a payment is due under the DROP, the Board may, no earlier than three (3) years from the date such payment is due, mail a notice of such due and owing payment to the last known address of such person, as shown on the records of the Board or the City. If such person has not made written claim therefor within three (3) months of the date of the mailing, the Board may, if it so elects and upon receiving advice from counsel to the System, direct that such payment and all remaining payments otherwise due such person be canceled on the records of the System. Upon such cancellation, the System shall have no further liability therefor except that, in the event such person or his Beneficiary later notifies the Board of his whereabouts and requests the payment or payments due to him under the DROP, the amount so applied shall be paid to him in accordance with the provisions of the DROP. E. Written Elections, Notification. (1) Any elections, notifications or designations made by a Member pursuant to the provisions of the DROP shall be made in writing and filed with the Board in a time and manner determined by the Board under rules uniformly applicable to all employees similarly situated. The Board reserves the right to change from time to time the manner for making notifications, elections or Ordinance No. 1053 Page 48 of 49 designations by Members under the DROP if it determines after due deliberation that such action is justified in that it improves the administration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail. (2) Each Member or Retiree who has a DROP Account shall be responsible for furnishing the Board with his current address and any subsequent changes in his address. Any notice required to be given to a Member or Retiree hereunder shall be deemed given if directed to him at the last such address given to the Board and mailed by registered or certified United States mail. If any check mailed by registered or certified United States mail to such address is returned, mailing of checks will be suspended until such time as the Member or Retiree notifies the Board of his address. F. Benefits Not Guaranteed. All benefits payable to a Member from the DROP shall be paid only from the assets of the Member's DROP Account and neither the City nor the Board shall have any duty or liability to furnish the DROP with any funds, securities or other assets except to the extent required by any applicable law. G. Construction. (1) The DROP shall be construed, regulated and administered under the laws of Florida, except where other applicable law controls. (2) The titles and headings of the subsections in this Section 28 are for convenience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall control. H. Forfeiture of Retirement Benefits. Nothing in this Section shall be construed to remove DROP participants from the application of any forfeiture provisions applicable to the System. DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. Effect of DROP Participation on Emplovment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. Ordinance No. 1053 Page 49 of 49 • INDEPENI] ®NEWSPAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107S.W. 17th Street, Suite D, Okeechobee, FL 34974 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 jhe attached copy of advertisement being a L'—i j/4,-- in the matter of?'� f'' Vdicial-'D—istrict in the 19th J 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 afiant 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 orn to and subscribed before me this •� day of �1i C' AD Notary Public, State of Florida at Large te y -1 NOTARY PUBLIC -STATE OF FLORIDA Angie Bridges !:Commission # DD779718 Expires: APR. 20, 2012 nntunr,_n THRIT ATVANTTCAONT)TNO CO..INC. • 1 I- �-CAS M ra F(*4 d� 1053 EEC -2 (863) 763-3134 PUBLIC NMCE CONSTNTIMOMMWIM TAKE NOTICE that the CRy Cowl of the: dtl an T-W =November 3 2009 at 6' , p iw .'. Hal . 55 SE 3rd Ave, OkeM!oDeec embers embers w..� attend and pa�dpi of the pub8c are enmiraged to a ri ThepuKoposed Ordinance may be �u�r M Ns entire as, ►b -M, 8anti.30pm, ocept for h~. ,'E TAKE -NOTICE AND BE ADVISED chat no ste 07aphk rem ,d mutt who r win be toaapdpee aatf. V df n"g n� hMJDn erein wIN be for rtk11d a krv+N n9i of the d evidence stsald meeA upon = airy appealre js. t) bet ontad City AdninWaw at 863--776633-3372, or website c cmnjanc vA 0 theagenda. (ADA) of ionpct the amity tlok's. 863t 7 ads forstM PrW assistance. o�i�aTCity C1.k olz# • � E�3 ORDINANCE NO. 1054 Nov 3, 2009 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 SECTION 3, BOARD OF TRUSTEES; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 5, CONTRIBUTIONS; AMENDING SECTION 5, 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 City pursuant to the recommendation of the Board using assumptions adopted by the Board with the advice of the Alan's actuary, such that actuarial assumptions are not subiect to Citv discretion. Credited Service means the total number of years and fractional parts of years of service as a Police Officer with Member contributions when required, omitting intervening years or fractional parts of years when such Member was not employed by the City as a Police Officer. A Member may voluntarily leave his Accumulated Contributions in the Fund Ordinance No. 1054 - Page 1 of 38 for a period of five (5) years after leaving the employ of the Police Department pending the possibility of being reemployed as a Police Officer, without losing credit for the time that he was a Member of the System. If a vested Member leaves the employ of the Police Department, his Accumulated Contributions will be returned only upon his written request. If a Member who is not vested is not reemployed as a Police Officer with the Police Department within five (5) years, his Accumulated Contributions, if one -thousand dollars ($1,000.00) or less, shall be returned. If a Member who is not vested is not reemployed within five (5) years, his Accumulated Contributions, if more than one -thousand dollars ($1,000.00), will be returned only upon the written request of the Member and upon completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the Board. Upon return of a Member's Accumulated Contributions, all of his rights and benefits under the System are forfeited and terminated. Upon any reemployment, a Police Officer shall not receive credit for the years and fractional parts of years of service for which he has withdrawn his Accumulated Contributions from the Fund, unless the Police Officer repays into the Fund the contributions he has withdrawn, with interest, as determined by the Board, within ninety (90) days after his reemployment. The years or fractional parts of years that a Member serves On the military serviee of the Armed Forces of the UnKed States, the United States Merehant Marine orthe Unm States Goast Guard, voluntarily or involuntaril performs "Qualified Militant Service" consistina of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Emplovment and Reemalovment Riahts Act (USERRA) (P. L.103-353), after separation from employment as a Police Officer with the City to perform training or service, shall be added to his years of Credited Service, for all purposes, including vesting, provided that: A. The Member is entitled to reemplovment under the provisions of USERRA. A B. The Member must returns to his employment as a Police Officer within one (1) year from the earlier of the date of his military discharge or his release from active service. unless otherwise required by J'1 USERRA. 1 I IG 1 A.Z. 1 i. 1:r1e1p loyment under the provisions of the Ordinance No. 1054 - Page 2 of 38 C. The maximum credit for military service pursuant to this paragraph shall be five (5) years. D. This paraaraph is intended to satisfy the minimum requirements of USERRA. To the extent that this paragraph does not meet the minimum standards of USERRA. as it may be amended from time to time. the minimum standards shall apply. In the event a Member dies on or after January 1. 2007. while performina USERRA Qualified Military Service. the beneficiaries of the Member are entitled to anv benefits (other than benefit accruals relatina to the period of aualified military service) as if the Member had resumed emplovment and then died while emploved. Salary means the total compensation for services rendered to the City as a Police Officer reported on the Member's W-2 form plus all tax deferred, tax sheltered or tax exempt items of income derived from elective employee payroll deductions or salary reductions. Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code as of the first day of the Plan Year shall be disreaarded for anv purpose. includina emplovee contributions or anv benefit calculations. The annual compensation of each member taken into account in determinina benefits or emplovee contributions for anv Plan Year beainnina on or after January 1. 2002. may not exceed $200.000. as adjusted for cost-of-livina increases in accordance with Code Section 401(a)(17)(B). Compensation means compensation durina the fiscal vear. The cost-of- livina adjustment in effect for a calendar vear applies to annual compensation for the determination period that beains with or within such calendar vear. If the determination period consists of fewer than 12 months. the annual compensation limit is an amount eaual to the otherwise applicable annual compensation limit multiplied by a fraction. the numerator of which is the number of months in the short determination period. and the denominator of which is 12. If the compensation for anv prior determination period is taken into account in determinina a Member's contributions or benefits for the current Plan Year. the compensation for such prior determination period is subiect to the applicable annual compensation limit in effect for that prior period. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a Member before the first Plan Year beginning after December 31, 1995. Ordinance No. 1054 - Page 3 of 38 SECTION 2: 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 3, Board of Trustees, subsection 1., to read as follows: 1. The sole and exclusive administration of and responsibility for the proper operation of the System and for making effective the provisions of this ordinance is hereby vested in a Board of Trustees. The Board is hereby designated as the plan administrator. The Board shall consist of five (5) Trustees, two (2) of whom, unless otherwise prohibited by law, shall be legal residents of the City, who shall be appointed by the Okeechobee City Council, and two (2) of whom shall be full-time Police Officer Members of the System, who shall be elected by a majority of the Police Officers who are Members of the System. The fifth Trustee shall be chosen by a majority of the previous four (4) Trustees as provided for herein, and such person's name shall be submitted to the Okeechobee City Council. Upon receipt of the fifth person's name, the Okeechobee City Council shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the same rights as each of the other four (4) Trustees appointed or elected as herein provided and shall serve a two (2) four (4) year term unless he sooner vacates the office. Each resident Trustee shall serve as Trustee for a period of two (2) four (4) years, unless he sooner vacates the officer or is sooner replaced by the Okeechobee City Council at whose pleasure he shall serve. Each Member Trustee shall serve as Trustee for a period of two (2) four 4 years, unless he sooner leaves the employment of the City as a Police Officer or otherwise vacates his office as Trustee, whereupon a successor shall be chosen in the same manner as the departing Trustee. Each Trustee may succeed himself in office. DROP participants can be elected as and but not vote for elected Trustees. The Board shall establish and administer the nominating and election procedures for each election. The Board shall meet at least quarterly each year. The Board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. SECTION 3: 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 4, Finances and Fund Management, subsection 6.B.(5)(b)., to read as follows: Ordinance No. 1054 - Page 4 of 38 • • 6. B. (5) (b) Up to ten twenty-five percent (40% 25%) of the assets of the Fund at market value may be invested in foreign securities. SECTION 4: 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 5, Contributions, subsection 3., City Contributions, to read as follows: 3. City Contributions. So long as this System is in effect, the City shall make quarterly contributions to the Fund in an amount equal to the uyy, .ej ,a#e Member eentrebutioms for the year, plus state eomtributioms for sbeh year, amd the totaleest reauired Citv contribution, as shown by the mest reeemt applicable actuarial valuation of the System. The total east for any year she" be defimed as the tots' nermal SECTION 5: 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 6, Benefit Amounts and Eligibility, to add subsection 6., Required Distribution Date, to read as follows: 6. Reauired Distribution Date. The Member's benefit under this Section must beain to be distributed to the Member no later than April 1 of the calendar vear followina the later of the calendar vear in which the Member attains aae seventy and one-half (70%) or the calendar vear in which the Member terminates emDlovment with the Citv. SECTION 6: 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 7, Pre -Retirement Death, to read as follows: SECTION 7. DEATH BENEFITS. 1. Prior to Vestina or Eliaibilitv for Retirement. Ordinance No. 1054 - Page 5 of 38 The Beneficiary of a deceased Member who was not receiving monthly benefit payments, or who was not yet vested or eligible for early or normal Retirement shall receive a refund of one hundred percent (100%) of the Member's Accumulated Contribu- tions. 2. Deceased Members Vested or Eliaible for Retirement. A. Any Member, whether or not still actively employed, who has a right to a vested accrued benefit, shall be eligible for a death benefit if he dies before collecting any other benefits from this System. The amount of the death benefit shall be equal to fifty percent (50%) of the actuarially equivalent single sum value of the Member's vested accrued benefit or his Accumulated Contributions, whichever is greater. If this single sum value is less than five thousand dollars ($5,000), it shall be paid in a lump sum. If the value exceeds five thousand dollars ($5,000), the Beneficiary may elect payment under any of the optional forms available for retirement benefits or a lump sum payment. B. If a Member is eligible for early or normal retirement, but remains in employment and dies while so employed, the death benefit shall be determined as follows: It shall be assumed that such deceased Member had retired immediately preceding his date of death and elected the Ten Year Certain and Life Thereafter option. However, the death benefit shall be equal to fifty percent (50%) of the actuarially equivalent single sum value of the Member's vested accrued benefit, if larger than the Ten Year Certain and Life Thereafter Option, described earlier in this Section. C. Additional reaulations with Spouse as Beneficiarv. This subsection 2. applies only when the Member's Spouse is the sole designated Beneficiarv. Notwithstanding the previous paragraphs of this subsection 2, in the event a Member or terminated vested person, with ten (10) or more years of Credited Service, dies prior to Retirement or prior to receipt of benefits, his Beneficiary shall be entitled to the accrued normal or early retirement benefit payable at the deceased Member's early or normal retirement age less the value of any benefits paid or payable under this subsection. Ordinance No. 1054 - Page 6 of 38 • 9 W Notwithstandina anvthina contained in this section to the contrary. in anv event, distributions to the soouse beneficiary will begin by December 31 of the calendar Year immediately following the calendar vear in which the member died, or by a date selected pursuant to the above provisions in this section, that must be on or before December 31 of the calendar Year in, which the member would have attained 70%.. (2) If the surviving spouse beneficiary commences receiving a benefit under subsection A or B above. but dies before all, pavments are made, the actuarial value of the remainina, benefit will be paid to the spouse beneficiarv's estate in a lump, sum. D. Additional reaulations with non -spouse as beneficiary. This subsection applies only when the Member's Spouse is not the, Beneficiary or is not the sole designated Beneficiani, but there is a survivina Beneficiant. Notwithstanding the previous oaraoraphs of this subsection 2.. in the event a member or terminated vested, person. with ten (10) or more vears of credited service. dies prior to. retirement or prior to receipt of benefits. his or her beneficiary shall be entitled to the accrued normal or early retirement benefit payable beainino by December 31 of the calendar year immediatelv following the calendar in which the member died. The benefit will be calculated, as for normal retirement based on the deceased Member's Credited, Service and Averaae Final Compensation and actuarially reduced to reflect the commencement of benefits prior to the normal retirement date. D If a surviving beneficiary commences receiving a benefit under subsection D. above. but dies before all payments are made, the actuarial value of the remainina benefit will be paid to the. survivina beneficiarv's estate by December 31 of the calendar. Year of the beneficiarv's death in a lumo sum. M If there is no survivina beneficiant as of the member's death., and the estate is to receive the benefits, the actuarial, eauivalent of the member's entire interest must be distributed, Ordinance No. 1054 - Page 7 of 38 by December 31 of the calendar vear containing the fifth anniversary of the member's death., U The Uniform Lifetime Table in Treasury Reaulations �. 1.401(a)(9)-9 shall determine the Davment period for the, calendar vear benefits commence, if necessary to satisfv the reaulations. SECTION 7: 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 8, Disability, subsection 6., Disability Payments, to read as follows: 6. Disability Pavments. The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall be payable on the first day of the first month after the Board determines such entitlement. However, the monthly retirement income shall be payable as of the date the Board determined such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment will be: A. If the Retiree recovers from the disability prier to his normal retirement dete, the payment due next preceding the date of such recovery, or B. If the Retiree dies without recovering from disability or attains normal date while still disabi , the payment due next preceding his death or the 120th monthly payment, whichever is later. Provided, however, the disability Retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as described in Section 10, subsection 1.A. or 1.B., which shall be the Actuarial Equivalent of the normal form of benefit. SECTION 8: 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 10, Optional Forms of Benefits, by amending subsection 1.A., adding subsection 5.E., and amending subsection 7., to read as follows: A. A retirement income of a monthly amount, payable to the Retiree during the lifetime of the Retiree and following the death of the Retiree, one hundred percent (100%), seventy-five percent (75%), sixty-six and two-thirds percent (66 2/3%) or fifty percent (50%) of Ordinance No. 1054 - Page 8 of 38 such monthly amount payable to a joint pensioner for his lifetime. Except where the Retiree's joint pensioner is his spouse, the payments to the joint pensioner as a percentage of the payments to the Retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury regulations. (See Q & A-2 of 1.401(a)(9)-Q) E. The Member's benefit under this Section must beain to be distributed to the Member no later than Aoril 1 of the calendar vear followina the later of the calendar vear in which the Member attains aae seventy and one-half (70%) or the calendar near in which the Member terminates emplovment with the Citv. 7. Notwithstanding anything herein to the contrary, the Board in its discretion, may elect to make a lump sum payment to a Member or a Member's Beneficiary in the event that the rnom h' UemefIL nmotint Is less than _me L19tineirpel J r1milmm,144 An AAA `L five thousamd dollars ($5,060.60) total commuted value of the monthiv income Davments to be paid do not exceed one thousand dollars ($1.000). Any such payment made to any person pursuant to the power and discretion conferred upon the Board by the preceding sentence shall operate as a complete discharge of all obligations under the System with regard to such Member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. SECTION 9: 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 15, Maximum Pension, to read as follows: SECTION 15. MAXIMUM PENSION. 1. L1d,lu�i�ii'itatt8� Ordinance No. 1054 - Page 9 of 38 - Vcl jjlj�jp�j� WAM40L--MLWI III ;;. _:: : ; :: :: ; ; "WWA Ordinance No. 1054 - Page 10 of 38 benefffit or pemsion whieh as On part or in whole based upon any servi . , with respeet to whieh the Member is already r well reee:ve n the uiaaic, a ietwrernemt bene.t employer's returerment systerm or plan. This restrietion does not apply V, V.V. GoUe. 1. Basic Limitation. Notwithstandina anv other provisions of this Svstem to the contrarv. the Member contributions paid to. and retirement benefits paid from. the Svstem shall be limited to such extent as may be necessary to conform to the reauirements of Code Section 415 for a aualified retirement plan. Before January 1. 1995. a plan member may not receive an annual benefit that exceeds the limits specified in Code Section 415(b)t subiect to the applicable adiustments in that section. On and after January 1. 1995. a plan member may not receive an annual benefit that exceeds the dollar amount specified in Code Section 415(b)(1)(A) ($160.000). subiect to the applicable adiustments in Code Section 415(b) and subiect to anv additional limits that may be specified in this Svstem. For purposes of this Section. "limitation vear" shall be the calendar vear. 2. Adiustments to Basic Limitation for Form of Benefit. If the form of benefit without reaard to anv benefit increase feature is not a straiaht life annuitv. then the Code Section 415(b) limit applicable at the annuitv startinq date is reduced to an actuarially eauivalent amount (determined usina the assumptions specified in Treasury Reaulation Section 1.415(b)-1(c)(2)(ii)) that takes into account the death benefits under the form of benefit. 3. Benefits Not Taken into Account. Ordinance No. 1054 - Page 12 of 38 For purposes of this Section. the followina benefits shall not be taken into account in applvina these limits: A. Anv ancillary benefit which is not directly related to retirement income benefits: B. Anv other benefit not reauired under &415(b)(2) of the Code and Reaulations thereunder to be taken into account for ournoses of the limitation of Code Section 415(b)(1). 4. COLA Effect. Effective on and after January 1. 2003. for ournoses of applvina the limits under Code Section 415(b) (the "Limit"). the followina will apply: A. A Member's applicable limit will be applied to the Member's annual benefit in the Member's first calendar vear of benefit pavments without reaard to anv automatic cost of livina adiustments: B. thereafter. in anv subseauent calendar vear. a Member's annual benefit. includina anv automatic cost of livina increases. shall be tested underthe then aoolicable benefit limit including anv adiustment to the Code Section 415(b)(1)(A) dollar limit under Code Section 415(d). and the reaulations thereunder: but C. in no event shall a Member's benefit pavable under the System in anv calendar year be areater than the limit aoolicable at the annuity startina date. as increased in subseauent vears pursuant to Code Section 415(d) and the reaulations thereunder. Unless otherwise specified in the System. for purposes of applvina the limits under Code Section 415(b). a Member's applicable limit will be applied takina into consideration cost of livina increases as reauired by Section 415(b) of the Code and applicable Treasury Reaulations. 5. Other Adiustments in Limitations. A. In the event the Member's retirement benefits become oavable before aae sixty-two (62). the limit prescribed by this Section shall be reduced in accordance with reaulations issued by the Secretary of the Treasury pursuant to the provisions of Code Section 415(b) of the Code. so that such limit (as so reduced) eauals an annual straiaht life benefit (when such retirement income benefit beains) which is eauivalent to a one hundred sixty thousand dollar ($160.000) annual benefit beainnina at aae sixty-two (62). Ordinance No. 1054 - Page 13 of 38 B. In the event the Member's benefit is based on at least fifteen (15) vears of Credited Service as a full-time emplovee of the oolice or fire department of the Citv. the adiustments provided for in A. above shall not apply. C. The reductions provided for in A. above shall not be applicable to disabilitv benefits pursuant to Section 8, or pre -retirement death, benefits paid pursuant to Section 7. D. In the event the Member's retirement benefit becomes pavable after aqe sixty-five (65). for purposes of determininq whether this benefit meets the limit set forth in subsection 1 herein. such benefit shall be adiusted so that it is actuarially eauivalent to the benefit bepinnina at aqe sixtv-five (65). This adiustment shall be made in accordance with reaulations promulaated by the Secretary of the Treasunt or his deleqate. 6. Less than Ten (10) Years of Service. The maximum retirement benefits pavable underthis Section to anv Member who has completed less than ten (10) vears of Credited Service with the Citv shall be the amount determined under subsection 1 of this Section multiplied by a fraction, the numerator of which is the number of the Member's vears of Credited Service and the denominator of which is ten (10). The reduction provided by this subsection cannot reduce the maximum benefit below 10%. The reduction provided for in this subsection shall not be applicable to disability benefits paid pursuant to Section 8 or pre -retirement death benefits paid pursuant to Section 7. 7. Participation in Other Defined Benefit Plans. The limit of this Section with respect to anv Member who at anv time has been a member in anv other defined benefit plan as defined in Code Section 414(ij maintained by the Citv shall apply as if the total benefits pavable under all Citv defined benefit plans in which the Member has been a member were pavable from one plan. 8. Ten Thousand Dollar ($10.000) Limit. Notwithstandina the foreaoina. the retirement benefit pavable with respect to a Member shall be deemed not to exceed the limit set forth in this Section if the benefits pavable. with respect to such Member under this Svstem and under all other aualified defined benefit pension plans to which the Citv contributes, do not exceed ten thousand, dollars ($10.000) for the applicable Plan Year and for anv prior Plan Year and the City has Ordinance No. 1054 - Page 14 of 38 not anv time maintained a aualified defined contribution plan in which the Member participated. 9. Reduction of Benefits. Reduction of benefits and/or contributions to all plans. where required. shall be accomplished by first reducina the Member's benefit under anv defined benefit plans in which Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be determined by the Board and the plan administrator of such other plans. and next. by reducina or allocatina excess forfeitures for defined contribution Dlans in which the Member, participated. such reduction to be made first with respect to the Dian in which Member most recently accrued benefits and thereafter in such Drioritv as shall be established by the Board and the Dian administrator for such other plans provided. however. that necessary reductions may be made in a different manner and Driority Dursuant to the aareement of the Board and the Dian administrator of all other Dlans coverina such Member. 10. Service Credit Purchase Limits. A. Effective for permissive service credit contributions made in limitation vears beainnina after December 31. 1997. if a Member makes one or more contributions to purchase Dermissive service credit under the System. as allowed in Section 25 and 27. then the reauirements of this Section will be treated as met only if: the reauirements of Code Section 415(b) are met. determined by treatina the accrued benefit derived from all such contributions as an annual benefit for Durposes of Code Section 415(b). or ( the requirements of Code Section 415(c) are met. determined by treatina all such contributions as annual additions for Durposes of Code Section 415(c). For Durposes of aDDlvina subDaraaraDh (1). the System will not fail to meet the reduced limit under Code Section 415(b)(2)(c) solely by reason of this subDaraaraDh (3). and for Durposes of aDDIvina subDaraaraDh (2) the Svstem will not fail to meet the percentaae limitation under Section 415(c)(1)(B) of the Code solely by reason of this subDaraaraDh (3). B. For Durposes of this subsection the term 'Dermissive service credit" means service credit — Ordinance No. 1054 - Page 15 of 38 recoanized by the Svstem for purposes of calculatina a Member's benefit under the plan, Q which such Member has not received under the plan. and. M which such Member may receive only by makina a voluntary additional contribution. in an amount determined under the. Svstem. which does not exceed the amount necessant to fund the benefit attributable to such service credit. Effective for permissive service credit contributions made in limitation, vears beainnina after December 31. 1997, such term mav, if otherwise provided by the Svstem. include service credit for periods for which there is no performance of service. and. notwithstanding clause 13.(2). may include service credited in order to provide an increased benefit for service credit which a Member is receivinq under the Svstem. C. For purposes of aDDlvina the limits in this subsection 10.. only and for no other purpose, the definition of compensation where applicable will be compensation actuallv paid or made available during a calendar vear. except as noted below and as permitted by Treasury Reaulations Section 1.415(c)-2. or successor regulations. Unless another definition of compensation that is permitted by Treasury Reaulations Section 1.415(c)-2, or successor requlation. is specified by the Svstem. compensation will be defined as wages within the meanina of Code Section 3401(a) and all other Davments of compensation to an emDlovee by an employer for which the emDlover is required to furnish the emDlovee a written statement under Code Sections 6041(d). 6051(a)(3) and 6052 and will be determined without regard to anv rules under Code Section 3401(a) that limit the remuneration included in wages based on the nature or location of the emDlovment or the services Derformed (such as the exception for agricultural labor in Code Section 3401(a)(2). However. for calendar vears beainnina after December 31. 1997. compensation will also include amounts that would otherwise be included in compensation but for an election under Code Sections 125(a). 402(e)(3). 402(h)(1)(B). 402(k).. or 457(b). For calendar vears beainnina after December 31, Ordinance No. 1054 - Page 16 of 38 E • 2000. compensation will also include anv elective amounts that are not includible in the aross income of the emplovee by reason of Code Section 132(f)(4). M For limitation vears beainnina on and after January 1. 2007. compensation for the calendar vear will also include compensation paid by the later of 2Y2 months after an emplovee's severance from emplovment or the end of the calendar vear that includes the date of the emplovee's severance from emplovment if: U the pavment is reaularcompensation forservices during the emplovee's reaularworkina hours. or compensation for services outside the emplovee's reaular working hours (such as overtime or shift differential), commissions. bonuses or other similar pavments. and. absent a severance from emplovment. the pavments would have been paid to the emplovee while the emplovee continued in emplovment with the emplover: or 11 the payment is for unused accrued bona fide sick. vacation or other leave that the emplovee would have been able to use if emplovment had continued. Back pay. within the meaning of Treasury Reaulations Section 1.415(c)-2(a)(8). shall be treated as compensation for the limitation vear to which the back pav relates to the extent the back pay represents waaes and compensation that would otherwise be included under this definition. D. Notwithstandina anv other provision of law to the contrary. the Board may modify a reauest by a Member to make a contribution to the System if the amount of the contribution would exceed the limits provided in Code Section 415 by usina the followina methods: W If the law reauires a lump sum pavment for the purchase of service credit. the Board may establish a periodic pavment deduction plan for the Member to avoid a contribution in excess of the limits under Code Sections 415(c) or 415(n). Ordinance No. 1054 - Page 17 of 38 Q If Davment pursuant to subparagraph (1) will not avoid a contribution in excess of the limits imposed by Code Section 415(c), the Board may either reduce the Member's contribution. to an amount within the limits of that section or refuse the. Member's contribution. 11. Additional Limitation on Pension Benefits., Notwithstandina anvthina herein to the contrarv: A. The normal retirement benefit or Dension Davable to a Retiree who becomes a Member of the Svstem and who has not Dreviously participated in such Svstem, on or after January 1. 1980. shall not exceed one hundred percent (100%) of hisAveraae Final Compensa- tion. However, nothina contained in this Section shall aDDIv to, suDDlemental retirement benefits or to pension increases attributable to cost-of-livina increases or adiustments. B. No Member of the Svstem shall be allowed to receive a retirement, benefit or Dension which is in Dart or in whole based upon anv service with respect to which the Member is alreadv receivina. or will receive in the future. a retirement benefit or pension from a different emDlover's retirement system or plan. This restriction does not apply to social securitv benefits or federal benefits under Chapter 67. Title 10, U.S. Code. SECTION 10: 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 16, Minimum Distribution of Benefits, to read as follows: SECTION 16. MINIMUM DISTRIBUTION OF BENEFITS. 1. General Rules. A. Effective Date. Effective as of January 1. 1989. the Plan will pav all benefits in accordance with a aood faith interpretation of the, reauirements of Code Section 401(a)(9) and the reaulations in effect under that section. as aDDlicable to a aovernmental Dlan within the, meanina of Code Section 414(d). Effective on and after January 1. Ordinance No. 1054 - Page 18 of 38 2003. the Plan is also subiect to the specific provisions contained in this Section. The provisions of this Section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. B. Precedence. The requirements of this Section will take precedence over any inconsistent provisions of the Plan. 9 C. TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this Section other than this subsection +-9-. 1.C., distributions may be made under a designation made before January 1, 1984, in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that related to Section 242(b)(2) of TEFRA. 2. Time and Manner of Distribution,. A. Reauired Beainnina Date. The Member's entire interest will be distributed, or begin to be distributed, to the Member no later than the Member's required beginning date which shall not be later than April 1 of the calendar year following the later of the calendar year in which the Member attains age seventy and one-half (701/2) or the calendar year in which the Member retires unleas otherwise provided for in the Plan or required by I terminates emplovment with the City,. B. Death of Member Before Distributions Beah. If the Member dies before distributions begin, the Member's entire interest will be distributed, or begin to be distributed no later than as follows: (1) If the Member's surviving spouse is the Member's sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Member died, or by a date on or before December 31 of the calendar year in which the Member would have attained age 70 Y2, if later. as the survivina spouse elects. Ordinance No. 1054 - Page 19 of 38 (2) If the Member's surviving spouse is not the Member's sole designated beneficiary, then, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Member died. (3) If there is no designated beneficiary as of September 30 of the year following the year of the Member's death, the Member's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Member's death. (4) If the Member's surviving spouse is the Member's sole designated beneficiary and the surviving spouse dies after the Member but before distributions to the surviving spouse begin, this subsection 2.B., other than subsection 2.B.(1), will apply as if the surviving spouse were the Member. For purposes of this subsection 2.13. and subsection 5., distributions are considered to begin on the Member's required beginning date or, if subsection 2.B.(4) applies, the date of distributions are required to begin to the surviving spouse under subsection 2.13.(1). If annuity payments irrevocably commence to the Member before the Member's required beginning date (or to the Member's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection 2.B.(1)), the date distributions are considered to begin is the date distributions actually commence. C. Death After Distributions Beain. If the Member dies after the required, distribution of benefits has beaun. the remainina portion of the Member's interest must be distributed at least as rapidly as under the method of distribution before the Member's death., O.D Form of Distribution. Unless the Member's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance of sabsee i3, � �.-rd ref with this Section. If the Member's interest Ordinance No. 1054 - Page 20 of 38 is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Section 401(a)(9) of the Code and Treasury regulations. Any part of the Member's interest which is in the form of an individual account described in Section 414(k) of the Code will be distributed in a manner satisfying the requirements of Section 401(a)(9) of the Code and Treasury regulations that apply to individual accounts. 3. Determination of Amount to be Distributed Each Year. A. General fl nuot. Reauirements. If the Member's interest is paid in the form of annuity distributions under the Plan, payments under the annuity will satisfy the following requirements: (1) The annuity distributions will be paid in periodic payments made at intervals not longer than one year. (2) The distribution peried will be over a life (or lives) or ever a subseetoo 4 5- The Member's entire interest must be distributed pursuant to Section 6. Section 7. Section 9. or Section 10 (as applicable) and in anv event over a period eaual to or less than the Member's life or the lives of the Member and a designated beneficiarv. or over a period not extendina bevond the life expectancv of the Member or of the Member, and a desianated beneficiarv. The life expectancv of the Member. the Member's spouse. or the Member's beneficiary may not be recalculated after the initial determination for purposes of determinina benefits. (3) E)nee payments have begun over a peried eertaim, the peried then the maximurn VI I IIlllli M. /I\ I1 ,Tl folio": \1c'1 Ljy um anmtial pereemtage inerease that does in ving index that is based on Ordinance No. 1054 - Page 21 of 38 annual ineresse of five pereent or less. '73 the extent of the redtietmen an the amount of the Member's payments : provede forbenefit upen death, but only Of the benefiemary whose life was beimg used tz determine the distribution peri deserabed an subseetmen 4 does or is me longer the Member's beneflemary pursuant to a qualified dernestie re'staons order within the meaning : : provide eash refundsof Aeeurnulsted Gomtributions upon the Member's death. r n B. Amount Reauired to be Distributed bv Reauired Beainnina Date. The amount that must be distributed on or before the Member's required beginning date (or, if the Member dies before distributions begin, the date distributions are required to begin under subseetion Section 7) is the payment that is required for one payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., hly, monthly, annually. All of the Member's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the Member's required beginning date. C. Additional Accruals After First Distribution Calendar Year. Any additional benefits accruing to the Member in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. A ni..tv M . _ .'- 1 I Ili�i ✓U111 1 :tT7TetmrnL- A 1�: L Life A...-..:L:es \A/Le-e the B......L: e: a.... 1s h1o1 LLB AAe.YLe..1s Member'sSootise. If the joint and - nuity for the joint "ves of the Member and -a Ordinance No. 1054 - Page 22 of 38 :. WI _:: :: :. : IS WX- _: ;AM . : :. ; ; ::. - IF 9 - Ordinance No. 1054 - Page 23 of 38 •- T. - IW -- :. : : : : :i77iMi'-,A-1K--i1[-j aging Emig i Jim sig Log -To - - -- ins : f �L� n a a -I I If I I - [dt: EILW_ . •. . . . . . . . • • . YAWN . www I ME . _0 SWUM . _ L1�! 11 ; ; ; ; XCIVU,2.10LI INS. : _ _ : _ _ _ : : _ _ _ _ _ _ : the surviving • _ _ : dies before • : :i•__ _ _ __ ___:_ _ __: __ __ ___ :. 4. General Distribution Rules. A. The amount of an annuitv paid to a Member's beneficiary may not exceed the maximum determined under the incidental death benefit, reauirement of Code Section 401(a)(9)(G). and effective for anv annuitv commencina on or after January 1. 2008. the minimum Ordinance No. 1054 - Page 24 of 38 distribution incidental benefit rule under Treasury Reaulation Section 1.401(a)(9)-6, Q&A-2. B. The death and disability benefits provided by the Plan are limited by the incidental benefit rule set forth in Code Section 401(a)(9)(G) and Treasury Reaulation Section 1.401-1(b)(1)(1) or anv successor reaulation thereto. As a result, the total death or disabilitv benefits Davable may not exceed 25% of the cost for all of the Members' benefits received from the retirement system. 65. Definitions. A. Designated Beneficiarv. The individual who is designated as the beneficiary under the Plan and is the designated beneficiary under Section 401(a)(9) of the Code and Section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations. B. Distribution Calendar Year. , A calendar year for which a minimum distribution is required. For distributions beginning before the Member's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the Member's required beginning date. For distributions beginning after the Member's death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to Section 7. Life T-sWe in Seetion 1.401(9)(9)-9 of the Treasury regulations. CCudire-vLiun'n'nfi.i Date. The date speeified on s bseete n 2.. SECTION 11: 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 17, Miscellaneous Provisions, to read as follows: SECTION 17. MISCELLANEOUS PROVISIONS,. 1. Interest of Members in Svstem. At All assets of the Fund are held in trust, and at, no time prior to the satisfaction of all liabilities under the System with respect to Retirees and Members and Ordinance No. 1054 - Page 25 of 38 their Spouses or Beneficiaries, shall any part of the corpus or income of the Fund be used for or diverted to any purpose other than for their exclusive benefit. 2. No Reduction of Accrued Benefits,. No amendment or ordinance shall be adopted by the City Council of the City of Okeechobee which shall have the effect of reducing the then vested accrued benefits of Members or a Member's Beneficiaries. 3. Qualification of Svstem. It is intended that the System will constitute a qualified public pension plan under the applicable provisions of the Code for a qualified plan under Code Section 401(a) and a aovernmental Dian under Code Section 414(d), as now in effect or hereafter amended. Any modification or amendment of the System may be made retroactively, if necessary or appropriate, to qualify or maintain the System as a Plan meeting the requirements of the applicable provisions of the Code as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. 4. Use of Forfeitures. Forfeitures arising from terminations of service of Members shall serve only to reduce future City contributions. 5. Prohibited Transactions. Effective as of January 1. 1989. a Board may not enaaae in a transaction prohibited by Code Section 503(b). 6. USERRA. Effective December 12. 1994, notwithstandina anv other provision of this Svstem, contributions, benefits and service credit with resoect to aualified military service are Governed by Code Section 414(u) and the Uniformed Services Emplovment and, ReemDlovment Riahts Act of 1994. as amended. To the extent that the definition of "Credited Service" sets forth contribution reauirements that are more favorable to the. Member than the minimum compliance reauirements, the more favorable provisions shall, apply. 7. VestinG. A. Member will be 100% vested in all benefits upon attainment of the, Plan's aae and service reauirements for the Plan's normal retirement, benefit: and Ordinance No. 1054 - Page 26 of 38 • • B. A Member will be 100% vested in all accrued benefits, to the extent funded, if the Plan is terminated or experiences a complete discontinuance of emplover contributions. 8. Electronic Forms. In those circumstances where a written election or consent is not reauired by the Plan or the Code. an oral. electronic. or telephonic form in lieu of or in addition to a, written form may be prescribed by the Board. However. where applicable, the Board shall comply with Treas. Rea. & 1.401(a1-21. 59. Compliance with Chapter 185, Florida Statutes. It is intended thatthe System will continue to qualify for funding under Section 185.08, Florida Statutes. Accordingly, unless otherwise required by law, any provision of the System which violates the requirements of Chapter 185, Florida Statutes, as amended from time to time, shall be superseded by and administered in accordance with the requirements of such chapter. SECTION 12: 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 18, Repeal or Termination of System, to read as follows: SECTION 18. REPEAL OR TERMINATION OF SYSTEM,. 1. This ordinance establishing the System and Fund, and subsequent ordinances pertaining to said System and Fund, may be modified, terminated, oramended, in whole or in part; provided that if this or any subsequent ordinance shall be amended or repealed in its application to any person benefitting hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the Member or Beneficiary shall not be affected thereby, e-xce-pt to the extent that the assets of the Fund may be determined to be inadequate. 2. If this ordinance shall be repealed, or if contributions to the System are discontinued or if there is a transfer, merger or consolidation of government units, services or functions as provided in Chapter 121, Florida Statutes, the Board shall continue to administer the System in accordance with the provisions of this ordinance, for the sole benefit of the then Members, any Beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one of the options provided for in this ordinance who are designated by any of said Members. In the event of repeal, Ordinance No. 1054 - Page 27 of 38 discontinuance of contributions, or transfer, merger or consolidation of government units, services or functions, there shall be full vesting (100%) of benefits accrued to date of repeal and the assets of the Sy�tern shall be alleeated an an equitable manner to provide benefits on a propoftionate basis to the persons so entitled in aeeordsmee with the thereo such benefits shall be nonforfeitable,. ; :: : : : : :. :: - : ; ; w ;. ; - - - - - -; - -r. - - : - - : - -INN - . - : ; - - - L-INE - - - : - - ; -. ; ; ; ; : . ; : Tr WIN ---;.- - - - -- -.- - :. --- ;-. Lell --;--- 111111111VJ::-: :::: Ordinance No. 1054 - Page 28 of 38 ; ; WA WTVJ 2 4 IVA ; v, aftd v, 121 LUIViNiUW.:::-: LF1,611-iSEP.10FAIIIII . ; . : -- - - ; - - .JIr- - - - - ; - i : - i : -::: • • _ _ _ _ _ . _ i _ _ _russ-W-F_ : _ _ _ : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ - . Ordinance No. 1054 - Page 29 of 38 . ... • :. . ; jLW; . -- - - - - -- -C)- amendment of this ordenetnee. funds revert to the genera' fund of the Gity.- 3. The fund shall be distributed in accordance with the followina orocedures: A. The Board shall determine the date of distribution and the asset value reauired to fund all the nonforfeitable benefits after takina into account, the expenses of such distribution. The Board shall inform the Citv if additional assets are reauired. in which event the City shall continue to financially support the Plan until all nonforfeitable benefits have, been funded. B. The Board shall determine the method of distribution of the asset value. whether distribution shall be by pavment in cash. by the maintenance of another or substituted trust fund. by the purchase of insured annuities. or otherwise. for each Police Officer entitled to, benefits under the plan as specified in subsection C. C. The Board shall distribute the asset value as of the date of termination in the manner set forth in this subsection- on the basis that the amount reauired to provide anv given retirement income is the actuariallv computed single -sum value of such retirement income., except that if the method of distribution determined under subsection. B. involves the purchase of an insured annuity, the amount reauired. to provide the aiven retirement income is the sinale premium pavable for such annuitv. The actuarial sinale-sum value may not be less than, Ordinance No. 1054 - Page 30 of 38 the Police Officer's Accumulated Contributions to the Plan. with interest if provided by the Plan. less the value of anv plan benefits previously paid to the Police Officer. D. If there is asset value remainina after the full distribution specified in subsection C.. and after the pavment of anv expenses incurred with such distribution. such excess shall be returned to the Citv. less return to the State of the State's contributions. provided that. if the excess is less than the total contributions made by the Citv and the State to date of termination of the Plan. such excess shall be divided proportionateiv to the total contributions made by the Citv and the State. E. The Board shall distribute. in accordance with subsection B.. the amounts determined under subsection C. If. after twentv-four (24) months after the date the Plan terminated or the date the Board received written notice that the contributions thereunder were beina permanently discontinued. the Citv or the Board of the Fund affected has not complied with all the provisions in this Section. the Florida Department of Manaaement Services will effect the termination of the Fund in accordance with this Section. SECTION 13: Thatthe 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 19, Domestic Relations Orders, Retiree Directed Payments, Exemption from Execution, Non -Assignability, subsection 2., Retiree Directed Payments, to read as follows: 2. Retiree Directed Pavments. The Board may, upon written request by a Retiree or by a dependent, when authorized by a Retiree or the Retiree's Beneficiary, authorize the System to withhold from the monthly retirement payment those funds that are necessary to pay for the benefits being received through the City, to pay the certified bargaining agent of the City, to make pavments to insurance companies for insurance premiums as permitted by Chapter 185, Florida Statutes. and to make any payments for child support or alimony. SECTION 14: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby Ordinance No. 1054 - Page 31 of 38 further amended by amending Section 21, Forfeiture of Pension, subsection 1., to read as follows: 1. Any Member who is convicted of the following offenses committed prior to Retirement, orwhose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this System, except for th,e return of his Accumulated Contributions, but without interest, as of the date of termination. Specified offenses are as follows: A. The committing, aiding or abetting of an embezzlement of public funds; B. The committing, aiding or abetting of any theft by a public officer or employee, from employer; C. Bribery in connection with the employment of a public officer or employee; D. Any felony :3pecified in Chapter 838, Florida Statutes. E. The committing of an impeachable offense. F. The committing of any felony by a public officer or employee who willfully and vvith intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employment position. G. The committina on or after October 1, 2008, of anv felony defined in Section 800.04. Florida Statutes, aaainst a victim vounaer than sixteen (16) vears of aae. or anv felony defined in Chapter 794, Florida Statutes. against a victim vounaer than eiahteen (18) vears of aae. by a public officer or emplovee throuah the use or attempted use, of power. riahts. privileges. duties. or position of his or her public office or emolovment position. SECTION 15: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby Ordinance No. 1054 - Page 32 of 38 • 0 further amended by amending Section 26, Direct Transfers of Eligible Rollover Distributions, Elimination of Mandatory Distributions, to read as follows: SECTION 26. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS ELIMINATION OF MANDATORY DISTRIBUTIONS 1. Rollover Distributions. A. General. This Section applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the System to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. B. Definitions. (1) Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one (1) of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Code; and the portion of any distribution that is not includible in gross income. A -my Effective January 1. 2002. any portion of any distribution which would be includible in gross income as after-tax emalovee contributions. will be an eligible rollover distribution if the distribution is made to an individual retirement account described in section 408(a)i to an individual retirement annuity described in section 408(b), of to a qualified defined contribution plan described in section 401(a) or 403(a) that agrees to separately account for amounts so transferred and earninas thereon), including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible, Ordinance No. 1054 - Page 33 of 38 or on or after January 1, 2007, to a aualified defined benefit, plan described in Code Section 401(a) or to an annuitv contract described in Code Section 403(b). that aarees to separately account for amounts so transferred (and earnings, thereon). includina separately accountina for the portion of the distribution that is includible in aross income and the portion of the distribution that is not so includible. (2) Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code. effective January 1, 2002, an eligible deferred compensation plan described in section 457(b) of the Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Code and which agrees to separately account for amounts transferred into such plan from this plan: effective January 1, 2002, an annuity contract described in section 403(b) of the Code, of a qualified trust described in section 401(a) of the Code: or effective January 1. 2008, a Roth IRA described in Section 408A of the Code, that accepts the distributee's eligible rollover distribution. This definition shall apply in the case of an eligible rollover distribution to the surviving Spouse. (3) Distributee: A distributee includes an employee or former employee. It also includes the employee's or former employee's surviving Spouse as a distributee with regard to the interest of the Spot and the emplovee's or former emplovee's spouse or former spouse,. Effective January 1, 2007, it further includes a nonspouse beneficiary who is a desianated beneficiary as defined by Code Section 401(a)(9)(E). However, a nonspouse beneficiany may rollover the distribution only to an individual retirement account or, individual retirement annuitv established for the purpose of receivina the distribution and the account or annuit/ will be Ordinance No. 1054 - Page 34 of 38 • • treated as an "inherited" individual retirement account or annuitv. (4) Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee 2. Rollovers or Transfers into the Fund. On or after January 1, 2002, the System will accept, solely for the purpose of purchasing Credited Service as provided herein, permissible Member requested transfers of funds from other retirement or pension plans, Member rollover cash contributions and/or direct cash rollovers of distributions made on or after January 1, 2002, as follows: A. Transfers and Direct Rollovers or Member Rollover Contributions from Other Plans. The System will accept either a direct rollover of an eligible rollover distribution or a Member contribution of an eligible rollover distribution from a qualified plan described in section 401(a) or 403(a) of the Code, from an annuity contract described in section 403(b) of the Code or from an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. The System will also accept legally permissible Member requested transfers of funds from other retirement or pension plans. B. Member Rollover Contributions from IRAs_. The system will accept a Member rollover contribution of the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the Code that is eligible to be rolled over and would 3. Elimination of Mandatory Distributions. Notwithstanding any other provision herein to the contrary, in the event this Plan provides for a mandatory (involuntary) cash distribution from the Plan not otherwise required by law, for an amount in excess of one -thousand dollars ($1,000.00), such distribution shall be made from the Plan only upon written request of the Member and completion by the Member of a written election on forms designated by the Board, to either receive a cash lump sum or to rollover the lump sum amount. SECTION 16: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby Ordinance No. 1054 - Page 35 of 38 further amended by amending Section 27, Prior Police Service, amending subsection 5., and adding subsection 6., to read as follows: 5. In no event, however, may Credited Service be purchased pursuant to this Section for prior service with any other municipal, county or state law enforcement department, if such prior service forms or will form the basis of a retirement benefit or pension from a different employer's retirement system or plan as set forth in Section 15, subsection $-B 11.B. 6. For purposes of determinina credit for prior service as a Police Officer as provided for in this Section. in addition to service as a Police Officer in this State. credit may be purchased by the Member in the same manner as orovided above for federal. other state. counbt or municipal service if the prior service is recoanized by the Criminal Justice Standards and Trainina Commission within the Department of Law Enforcement._ as provided under Chapter 943. Florida Statutes. or the Police Officer provides proof to the. Board that such service is eauivalent to the service reauired to meet the definition of a, Police Officer under Section 1. SECTION 17: 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 28, Deferred Retirement Option Plan, subsection 2.E., Effect of DROP Participation on the System, and by amending subsection 4.B., Form of Distribution, to read as follows: 2. E. Effect of DROP Participation on the Svstem. (1) A Member's Credited Service and his accrued benefit under the System shall be determined on the date his election to participate in the DROP first becomes effective. For purposes of determinina the accrued benefit, the Member's Salary for the purposes of calculating his Averaae Final Compensation. shall include an amount eaual to anv lump sum pavments which would have been paid to the Member and included as, Salant as defined herein, had the Member retired under normal, retirement and not elected DROP participation. Member, contributions attributable to anv lump sums used in the benefit calculation and not actually received by the Member shall be Ordinance No. 1054 - Page 36 of 38 deducted from the first Davments to the Member's DROP Account. The Member shall not accrue any additional Credited Service or any additional benefits under the System (except for any additional benefits provided under any cost -of -living adjustment for Retirees in the System) while he is a participant in the DROP. After a Member commences participation, he shall not be permitted to again contribute to the System nor shall he be eligible for disability or pre -retirement death benefits, except as provided for in Section 29, Reemployment After Retirement. (2) No amounts shall be paid to a Member from the System while the Member is a participant in the DROP. Unless otherwise specified in the System, if a Member's participation in the DROP is terminated other than by terminating his employment as a Police Officer, no amounts shall be paid to him from the System until he terminates his employment as a Police Officer. Unless otherwise specified in the System, amounts transferred from the System to the Member's DROP Account shall be paid directly to the Member only on the termination of his employment as a Police Officer. 4. B. Form of Distribution. (1) Unless the Member elects otherwise, distribution of his DROP Account shall be made in a lump sum, subject to the direct rollover provisions set forth in subsection 4. F. AMember try, howe -ne,rmor as ,;, ..u.shallpreseribe, that his BROP distribution be used to purehase a payable an such form as t Member may eleet. Elections under this paragraph shall be in writing and shall be made in such time or manner as the Board shall determine. (2) If a Member dies before his benefit is paid, his DROP Account shall be paid to his Beneficiary in such optional form as his Beneficiary may select. If no Beneficiary designation is made, the DROP Account shall be distributed to the Member's estate. Ordinance No. 1054 - Page 37 of 38 SECTION 18: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 19: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 20: 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 21: That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this r day of October. 2009. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk Passed on second reading after public hearing this 3rd day of November. 2009. ATTEST: Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney dm/ok/pol/09-21-09.ord James E. Kirk, Mayor Ordinance No. 1054 - Page 38 of 38 • � NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE ONM 107 S.W. 17th Street, Suite O, Okeechobee, FL 3}974 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_ in the matter of t%�'�--t% ��'`='✓ L� i�ti 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 orn to and subscribed before me this .� •l day of _ l a L G C AD Notary Public, State of Florida at Large �v NOTARY pUBljc.STATE OF FLORIDA Angie Bridges Commission # DD7797I S Expires: APR. 20, 2012 -- .. 'W e7Mr R6M1NG C0-, INC. • 11- 3-o /4,� File Ord 105q (863- e7X • E-x 4 ORDINANCE NO. 1055 Nov 3,2009 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. 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 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 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 usinq assumptions adopted by the Board with the advice of the plan's actuarv. such that actuarial assumptions are not subiect to Citv discretion. Ordinance No. 1055 - Page 1 of 37 Credited Service means the total number of years and fractional parts of years of service as a Firefighter with Member contributions when required, omitting intervening years or fractional parts of years when such Member was not employed by the City as a Firefighter. A Member may voluntarily leave his Accumulated Contributions in the Fund for a period of five (5) years after leaving the employ of the Fire Department pending the possibility of being reemployed as a Firefighter, without losing credit for the time that he was a Member of the System. If a vested Member leaves the employ of the Fire Department, his Accumulated Contributions will be returned only upon his written request. If a Member who is not vested is not reemployed as a Firefighter with the Fire Department within five (5) years, his Accumulated Contributions, if one -thousand dollars ($1,000.00) or less, shall be returned. If a Member who is not vested is not reemployed within five (5) years, his Accumulated Contributions, if more than one -thousand dollars ($1,000.00), will be returned only upon the written request of the Member and upon completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the Board. Upon return of a Member's Accumulated Contributions, all of his rights and benefits under the System are forfeited and terminated. Upon any reemployment, a Firefighter shall not receive credit for the years and fractional parts of years of service for which he has withdrawn his Accumulated Contributions from the Fund, unless the Firefighter repays into the Fund the contributions he has withdrawn, with interest, as determined by the Board, within ninety (90) days after his reemployment. The years or fractional parts of a year that a Member serves in the military of the Armed Ferees of the Unoted States, the United States Merehant Marine or the Umffited States Goetst Guard, voluntarily e,r anvefun" performs "Qualified Military Service" consistina of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Emglovment and Reemalovment Riahts Act (USERRA) (P.L.103- 3531, after separation from employment as a Firefighter with the City to perform training or service, shall be added to his years of Credited Service for all purposes, including vesting, provided that: A. The Member is entitled to reemplovment under the provisions of USERRA. Ordinance No. 1055 - Page 2 of 37 A B. The Member mast returns to his employment as a Firefighter within one (1) year from the earlier of the date of his military discharge or his release from active service. unless otherwise reauired by USERRA. nr-mrVLI \1 , C. The maximum credit for military service pursuant to this paragraph shall be five (5) years. D. This Daraaraph is intended to satisfv the minimum reauirements of USERRA. To the extent that this Daraaraph does not meet the, minimum standards of USERRA, as it may be amended from time to. time. the minimum standards shall aDDlv., In the event a Member dies on or after Januari 1.2007. while Derformina USERRA Qualified Military Service. the beneficiaries of the Member are entitled to anv benefits (other than benefit accruals relatina to the Deriod of aualified military, service) as if the Member had resumed emplovment and then died while emoloved. Firefiahter means an actively employed full-time person employed by the City, including his initial probationary employment period, who is certified as a Firefighter as a condition of employment in accordance with the provisions of §633.35, Florida Statutes, and whose duty it is to extinguish fires, to protect life and to protect property. The term includes all certified, suDervisorv. and command Dersonnel whose duties include, in whole or in, Dart. the suoervision. trainina. auidance. and manaaement responsibilities of full-time firefiahters. Dart -time firefiahters. or auxiliari firefiahters but does not include Dart -time firefiahters or auxiliary firefiahters. Salary means the basic compensation paid by the City to a Member, plus all tax deferred, tax sheltered and tax exempt items of income derived from elective employee payroll deductions or salary reductions otherwise includible in basic compensation. Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code she" beas of the first day of the Plan Year shall be disreaarded for anv Duroose. includina emDlovee contributions or anv benefit calculations. The annual compensation of each member taken into account, in determinina benefits or emDlovee contributions for anv Plan Year beainnina on Ordinance No. 1055 - Page 3 of 37 or after January 1. 2002. may not exceed $200,000, as adiusted for cost -of -living increases in accordance with Code Section 401 (a)(1 7)(B). Compensation means compensation durina the fiscal vear. The cost -of -living adjustment in effect for a calendar vear applies to annual compensation for the determination period that begins with or within such calendar vear. If the determination period consists of fewer than 12 months. the annual compensation limit is an amount eaual to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and, the denominator of which is 12. If the compensation for anv prior determination period is taken into account in determinina a Member's contributions or benefits for the current Plan Year. the compensation for such orior determination period is subiect to the applicable annual compensation limit in effect for that prior period,. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a Member before the first Plan Year beginning after December 31, 1995. SECTION 2: 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 3, Board of Trustees, subsection 1., to read as follows: 1. The sole and exclusive administration of and responsibility for the proper operation of the System and for making effective the provisions of this ordinance is hereby vested in a Board of Trustees. The Board is hereby designated as the plan administrator. The Board shall consist of five (5) Trustees, two (2) of whom, unless otherwise prohibited by law, shall be legal residents of the City, who shall be appointed by the Okeechobee City Council, and two (2) of whom shall be full-time Firefighter Members of the System, who shall be elected by a majority of the Firefighters who are Members of the System. The fifth Trustee shall be chosen by a majority of the previous four (4) Trustees as provided for herein, and such person's name shall be submitted to the Okeechobee City Council. Upon receipt of the fifth person's name, the Okeechobee City Council shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. Ordinance No. 1055 - Page 4 of 37 The fifth Trustee shall have the same rights as each of the other four (4) Trustees appointed or elected as herein provided and shall serve a two (2) four (4) year term unless he sooner vacates the office. Each resident Trustee shall serve as Trustee for a period of two (2) four (4) years, unless he sooner vacates the office or is sooner replaced by the Okeechobee City Council at whose pleasure he shall serve. Each Member Trustee shall serve as Trustee for a period of two (2) four (4) years, unless he sooner leaves the employment of the City as a Firefighter or otherwise vacates his office as Trustee, whereupon a successor shall be chosen in the same manner as the departing Trustee. Each Trustee may succeed himself in office. DROP participants can be elected as mid but not vote for elected Trustees. The Board shall establish and administer the nominating and election procedures for each election. The Board shall meet at least quarterly each year. The Board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. SECTION 3: 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 4, Finances and Fund Management, subsection 6.B.(5)(b)., to read as follows: 6. B. (5) (b) Up to ten twentv-five percent (+G% 25%) of the assets of the Fund at market value may be invested in foreign securities. SECTION 4: 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 5, Contributions, subsection 3., City Contributions, to read as follows: 3. City Contributions. So long as this System is in effect, the City shall make quarterly contributions to the Fund in an amount equal to the in e ch year, between the tit �r i�� iz�r-_�t=�:a=��•i=��.i•�a,.�.l•n►:,.e:fi.,��a�.� �....a.e=rmrmla,►...cj Ordinance No. 1055 - Page 5 of 37 for sueh year, amd the tot&l eest for the yew reauired Citv contribution, as shown by the miest reeemt applicable actuarial valuation of the System. The total cost for any year shall be defimed as the total mermal eest plus the w 1 n ri provI I!-, a SECTION 5: 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 6, Benefit Amounts and Eligibility, to add subsection 6., Required Distribution Date, to read as follows: 6. Reauired Distribution Date. The Member's benefit under this Section must begin to be distributed to the Member no later than ADril 1 of the calendar year followina the later of the. calendar vear in which the Member attains aae seventy and one-half (70'/) or the calendar vear in which the Member terminates emDlovment with the, City. SECTION 6: 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 7, Pre -Retirement Death, to read as follows: SECTION 7. DEATH BENEFITS. 1. Prior to Vestina or Eligibility for Retirement. The Beneficiary of a deceased Member who was not receiving monthly benefit payments, or who was not yet vested or eligible for early or normal Retirement shall receive a refund of one hundred percent (100%) of the Member's Accumulated Contributions. 2. Deceased Members Vested or Eligible for Retirement. A. Any Member, whether or not still actively employed, who has a right to a vested accrued benefit, shall be eligible for a death benefit if he dies before collecting any other benefits from this System. The amount of the death benefit shall be equal to fifty percent (50%) of the actuarially equivalent single sum value of the Member's vested accrued benefit or his Accumulated Contributions, whichever is greater. Ordinance No. 1055 - Page 6 of 37 If this single sum value is less than five thousand dollars ($5,000), it shall be paid in a lump sum. If the value exceeds five thousand dollars ($5,000), the Beneficiary may elect payment under any of the optional forms available for retirement benefits or a lump sum payment. B. If a Member is eligible for early or normal retirement, but remains in employment and dies while so employed, the death benefit shall be determined as follows: It shall be assumed that such deceased Member had retired immediately preceding his date of death and elected the Ten Year Certain and Life Thereafter option. However, the death benefit shall be equal to fifty percent (50%) of the actuarially equivalent single sum value of the Member's vested accrued benefit, if larger than the Ten Year Certain and Life Thereafter Option, described earlier in this Section. C. Additional reaulations with Spouse as Beneficiant. This subsection 2. applies only when the Member's Spouse is the sole designated Beneficiarv. Notwithstanding the previous paragraphs of this subsection 2, in the event a Member or terminated vested person, with ten (10) or more years of Credited Service, dies prior to Retirement or prior to receipt of benefits, his Beneficiary shall be entitled to the accrued normal or early retirement benefit payable at the deceased Member's early or normal retirement age less the value of any benefits paid or payable under this subsection. W Notwithstandina anvthina contained in this section to the contrast. in anv event, distributions to the spouse beneficiary will begin by December 31 of the calendar vear immediatelv followina the calendar vear in which the member died. or by a date selected pursuant to the above provisions in this section that must be on or before December 31 of the calendar year in which the member would have attained 70%. (2� If the survivina spouse beneficiary commences receivina a benefit under subsection A or B above. but dies before all, pavments are made. the actuarial value of the remaininq benefit will be paid to the spouse beneficiarv's estate in a lump sum. Ordinance No. 1055 - Page 7 of 37 D. Additional regulations with non -spouse as beneficiary. This subsection applies only when the Member's Spouse is not the Beneficiary or is not the sole designated Beneficiary. but there is a surviving Beneficiarv. Notwithstanding the previous paragraphs of this subsection 2., in the event a member or terminated vested person. with ten (10) or more vears of credited service, dies prior to retirement or prior to receipt of benefits. his or her beneficiary shall be entitled to the accrued normal or early retirement benefit pavable beainina by December 31 of the calendar vear immediately followinq the calendar in which the member died. The benefit will be calculated, as for normal retirement based on the deceased Member's Credited, Service and Average Final Compensation and actuarially reduced to reflect the commencement of benefits prior to the normal retirement, date. U If a survivina beneficiary commences receivina a benefit under, subsection D. above. but dies before all oavments are made. the actuarial value of the remainina benefit will be paid to the, survivina beneficiarv's estate by December 31 of the calendar vear of the beneficiarv's death in a lump sum.. If there is no survivina beneficiary as of the member's death, and the estate is to receive the benefits, the actuarial. eauivalent of the member's entire interest must be distributed, by December 31 of the calendar year containina the fifth anniversary of the member's death. U The Uniform Lifetime Table in Treasury Reaulations F4 1.401(a)(9)-9 shall determine the pavment period for the calendar vear benefits commence. if necessary to satisfy the regulations. SECTION 7: 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 8, Disability, subsection 6., Disability Payments, to read as follows: 6. Disability Pavments. The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall be payable on the first day of the first month after the Board determines such entitlement. However, the monthly Ordinance No. 1055 - Page 8 of 37 0 • retirement income shall be payable as of the date the Board determined such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment will be: A. If the Retiree recovers from the disability prier to his normal refirement date, the payment due next preceding the date of such recovery, or B. If the Retiree dies without recovering from disability or attains his normalxhile still disabled, the payment due next preceding his death or the 120th monthly payment, whichever is later. Provided, however, the disability Retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as described in Section 10, subsection 1.A. or 1.B., which shall be the Actuarial Equivalent of the normal form of benefit. SECTION 8: 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 10, Optional Forms of Benefits, by amending subsection 1.A., adding subsection 5.E., and amending subsection 7., to read as follows: A. A retirement income of a monthly amount, payable to the Retiree during the lifetime of the Retiree and following the death of the Retiree, one hundred percent (100%), seventy-five percent (75%), sixty-six and two-thirds percent (66 2/3%) or fifty percent (50%) of such monthly amount payable to a joint pensioner for his lifetime. Except where the Retiree's joint pensioner is his spouse, the payments to the joint pensioner as a percentage of the payments to the Retiree shall not exceed the applicable percentage provided for in the applicable table in the Treasury regulations. (See Q & A-2 of 1.401(a)(9)-6) E. The Member's benefit under this Section must beain to be distributed to the Member no later than Aoril 1 of the calendar vear followina the later of the calendar vear in which the Member attains aae seventy and one-half (701/2) or the calendar vear in which the Member terminates emplovment with the Citv. Ordinance No. 1055 - Page 9 of 37 7. Notwithstanding anything herein to the contrary, the Board in its discretion, may elect to make a lump sum payment to a Member or a Member's Beneficiary in the event that the hundred dollars ($100.00) or the total eommuted value of th . . 9 momth', ' . !tyrnents to be paid do - -, five thousand dollars ($5,-E)00-.W total commuted value of the monthlv income pavments to be paid do not exceed one thousand dollars ($1,000). Any such payment made to any person pursuant to the power and discretion conferred upon the Board by the preceding sentence shall operate as a complete discharge of all obligations under the System with regard to such Member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. SECTION 9: 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 15, Maximum Pension, to read as follows: SECTION• adjustments...Ubjeet to the .: ; ; . ; t�.JIL-J ; - ::. : - .. ; ;. : -;. Ordinance No. 1055 - Page 10 of 37 0 i��►�=ivau��i i•i►=a�u�r��►R�ii��i►a��r-i�►a�ir�•1K��►=��r=.�•c=�.�►=i�i�►��i� WAA ■ - .I AM;. ._ :: ; ; WE ;. . la[-7=_�pvuis��r=s�►au��t=►��i•��i•r=ui��rt=iR�►��i�u benefits paid purstisIIL w VVV T. LGJJ .. IL11ll Tom Ordinance No. 1055 - Page 11 of 37 - - - - - - - - - - - - - - - - - - - - - - - - - - - i • - - ; ; - ; In i i i ; i ; ; • ; ; i ; - • .. •-� __ - - - -- -- --; - -- - i -i•--i ii - • ••• �i - - - - - - - - i_ i i • - - - - - - - - - " - - - - - - ; - - i • fiUw ff. i i i • i ; "k-.1. - - - - - i - - i - ; - - - - - - - ; - ; - - i i i i • • AN - - - - i -- ; - - - - ; • - ; - - - - ; - - ; - - - • - ; - - - - _ _ • _ i i i IIIIN_ _ _ _ _ _ _ _ • _ _ i _ _ _ _ _ i _ pq"W i=__i�_i _•__ _i•- i- _ _ _ __i__IF i__i�_ _ ___-911 v • _ i i i • i i i = OR i i • - 11F- - - - - -- - - - ERM- - - - - - - - - - - -- i • i .4 �FiRF'_ po"o. "I- -wo- - • m - - - - - - i - i • - - i A A u. / 1 T_Tr_wr!A7r1+� f 1r_r•� �•r_+.e�c r_� � c�-�-r_� _ -- -; --- - ------ ;--- ; ;--- i- i� i - ; - -- -; i --;- i -- - --- --; -; --- -;- ;-- ;•- ... OF. 10- 4 Oni � G 10- - • - - - -- ;15 - i - - - T. - - • � • • - - - - ; .. s MWIi - - - ; ANNA - 4 - 1 -tjWftjwjW9 4 LOA ■ i i - -- - - - - - -- -InVI-1 - - - - i ARM ROAMWI-1 - - LOA - - - - - - - - • i - RWAKUIWf�IVA.L.J- - i WAR- - - - - - i • - -- - - - -- ; - - ; - - - - -- - - i -pvqwmq A; - Am - - ; - - - - - - ; - ; - - - ; - ; - i • i i - - - - - _ - EWICA Ordinance No. 1055 - Page 12 of 37 • 9 �,. ; 1 - - : - - - - - • `tgy�►�1�1�1i1�l�ia�fC I�ild�ld�IR�i•I�NNi ��7�C�IiAd �•lA�l�ld 1. Basic Limitation. Notwithstandina anv other provisions of this Svstem to the contrary. the, Member contributions said to. and retirement benefits paid from. the System shall be limited to such extent as may be necessary to conform to the reauirements of Code, Section 415 for a aualified retirement plan. Before January 1. 1995. a plan member may not receive an annual benefit that exceeds the limits specified in Code Section 415(b). subiect to the applicable adiustments in that section. On and after Januar/ 1. 1995. a plan member may not receive an annual benefit that exceeds the dollar amount specified in, Code Section 415(b)(1)(A) ($160.000). subiect to the applicable adiustments in Code Section 415(b) and subiect to anv additional limits that may be specified in this System. For purposes of this Section. "limitation year" shall be the calendar near. 2. Adiustments to Basic Limitation for Form of Benefit. If the form of benefit without reaard to anv benefit increase feature is not a straight life annuitv. then the Code Section 415(b) limit applicable at the annuitv startinq date is reduced to an actuariallv eauivalent amount (determined using the assumptions, specified in Treasury Requlation Section 1.415(b)-1(c)(2)(ii)) that takes into account the. death benefits under the form of benefit.. 3. Benefits Not Taken into Account. For purposes of this Section, the following benefits shall not be taken into account in applvina these limits: A. Anv ancillary benefit which is not directly related to retirement income benefits: B. Anv other benefit not required under &415V(2) of the Code and Reaulations thereunder to be taken into account for purposes of the. limitation of Code Section 415(b)(1). 4. COLA Effect. Effective on and after January 1. 2003. for purposes of applvina the limits. under Code Section 415(b) (the "Limit"), the followina will apply: Ordinance No. 1055 - Page 13 of 37 A. A Member's applicable limit will be applied to the Member's annual, benefit in the Member's first calendar vear of benefit Davments without reaard to anv automatic cost of living adiustments: B. thereafter, in anv subseauent calendar year, a Member's annual benefit. including anv automatic cost of livina increases, shall be, tested underthe then applicable benefit limit includina anv adiustment to the Code Section 415(b)(1)(A) dollar limit under Code Section 415(d). and the reaulations thereunder: but, C. in no event shall a Member's benefit Davable under the Svstem in anv calendar vear be areater than the limit applicable at the annuity startina date, as increased in subseauent vears pursuant to Code Section 415(d) and the reaulations thereunder. Unless otherwise specified in the Svstem. for purposes of applying the limits under Code Section 415(b). a Member's applicable limit will be applied takina into consideration cost of living increases as reauired by Section 415(b) of the Code and aDplicable Treasury Reaulations. 5. Other Adiustments in Limitations. A. In the event the Member's retirement benefits become savable before aae sixty-two (62), the limit prescribed by this Section shall be reduced in accordance with reaulations issued by the Secretary of the Treasury Dursuant to the provisions of Code Section 415(b) of the Code, so that such limit (as so reduced) eauals an annual straiaht life, benefit (when such retirement income benefit begins) which is eauivalent to a one hundred sixty thousand dollar ($160.000) annual benefit beainnina at aae sixtv-two (62). B. In the event the Member's benefit is based on at least fifteen (15) vears of Credited Service as a full-time emplovee of the police or fire department of the Citv. the adiustments provided for in A. above shall, not apply. C. The reductions Drovided for in A. above shall not be applicable to, disability benefits Dursuant to Section 8. or are -retirement death, benefits Daid Dursuant to Section 7., D. In the event the Member's retirement benefit becomes navable after aae sixtv-five (65). for purposes of determinina whether this benefit meets the limit set forth in subsection 1 herein, such benefit shall be, adiusted so that it is actuarially eauivalent to the benefit beainnina at, Ordinance No. 1055 - Page 14 of 37 aae sixty-five (65). This adjustment shall be made in accordance with reaulations promulaated by the Secretary of the Treasury or his deleaate. 6. Less than Ten (10) Years of Service. The maximum retirement benefits pavable under this Section to anv Member who has completed less than ten (10) vears of Credited Service with the City shall be the amount determined under subsection 1 of this Section multiplied by a fraction, the numerator of which is the number of the Member's vears of Credited Service and the denominator of which is ten (10). The reduction provided by this subsection cannot reduce the maximum benefit below 10%. The reduction provided for in this subsection shall not be applicable to disability benefits paid pursuant to Section 8 or pre -retirement death benefits paid pursuant to Section 7. 7. Participation in Other Defined Benefit Plans. The limit of this Section with respect to anv Member who at anv time has been a member in anv other defined benefit plan as defined in Code Section 414(i) maintained by the City shall apply as if the total benefits pavable under all Cib/ defined benefit plans in which the Member has been a member were pavable from one plan. 8. Ten Thousand Dollar ($10.000) Limit. Notwithstandina the foreaoina. the retirement benefit pavable with respect to a Member shall be deemed not to exceed the limit set forth in this Section if the benefits pavable. with respect to such Member under this System and under all other aualified defined benefit pension plans to which the City contributes. do not exceed ten thousand dollars ($10.000) for the applicable Plan Year and for anv prior Plan Year and the City has not anv time maintained a aualified defined contribution plan in which the Member participated. 9. Reduction of Benefits. Reduction of benefits and/or contributions to all plans. where reauired. shall be accomplished by first reducina the Member's benefit under anv defined benefit plans in which Member participated. such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be determined by the Board and the plan administrator of such other plans. and next. by reducina or allocatina excess forfeitures for defined contribution plans in which the Member participated. such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such other plans provided. however. that necessary Ordinance No. 1055 - Page 15 of 37 reductions may be made in a different manner and priority pursuant to the aareement of the Board and the Dian administrator of all other plans coverina such Member. 10. Service Credit Purchase Limits. A. Effective for permissive service credit contributions made in limitation vears beainnina after December 31. 1997. if a Member makes one or more contributions to purchase permissive service credit under the Svstem, as allowed in Section 25 and 27, then the reauirements of this Section will be treated as met only if: the reauirements of Code Section 415(b) are met, determined by treatina the accrued benefit derived from all such contributions as an annual benefit for Durooses of Code Section 415(b), or the requirements of Code Section 415(c) are met, determined by treatina all such contributions as annual additions for purposes of Code Section 415(c). For purposes of aoDlvina subparagraph (1). the Svstem will not fail to meet the reduced limit under Code Section 415(b)(2)(c) solely by reason of this subparagraph (3). and for Durposes of aDDlvina subparagraph (2) the Svstem will not fail to meet the Dercentaae limitation under Section 415(c)(1)(B) of the Code solely by reason of this subparagraph (3). B. For purposes of this subsection the term "permissive service credit" means service credit— W recognized by the Svstem for Durposes of calculating a Member's benefit under the Dlan, which such Member has not received under the olan, and which such Member may receive only by makina a voluntary additional contribution. in an amount determined under the. Svstem. which does not exceed the amount necessary to fund the benefit attributable to such service credit. Effective for permissive service credit contributions made in limitation, vears beainnina after December 31, 1997. such term may, if otherwise provided by the Svstem. include service credit for periods, for which there is no Derformance of service. and. notwithstanding clause B.O. may include service credited in order to Drovide an Ordinance No. 1055 - Page 16 of 37 increased benefit for service credit which a Member is receivina under the Svstem- C. For purposes of aDolvina the limits in this subsection 10.. oniv and for no other purpose. the definition of comoensation where applicable will, be compensation actually paid or made available durina a calendar vear. except as noted below and as permitted by Treasunt Reaulations Section 1.415(c)-2, or successor regulations. Unless another definition of compensation that is permitted by Treasury Reaulations Section 1.415(c)-2, or successor regulation. is specified by the Svstem. compensation will be defined as waaes within the, meanina of Code Section 3401(a) and all other pavments of compensation to an emolovee by an employer for which the emplover is required to furnish the emplovee a written statement under Code, Sections 6041 W. 6051(a)(3) and 6052 and will be determined without, reaard to anv rules under Code Section 3401(a) that limit the remuneration included in waaes based on the nature or location of the, emplovment or the services performed (such as the exception for aaricultural labor in Code Section 3401(a)(2). fD However. for calendar vears beginnina after December 31, 1997, compensation will also include amounts that would, otherwise be included in compensation but for an election, under Code Sections 125(a). 402(e)(3). 402(h)(1)(B). 402(k), or 457(b). For calendar vears beainnina after December 31. 2000. compensation will also include anv elective amounts that are not includible in the aross income of the emolovee by reason of Code Section 132(f)(4). For limitation vears beainnina on and after January 1. 2007, compensation for the calendar vear will also include, compensation paid by the later of 2'/2 months after an, emplovee's severance from emplovment or the end of the calendar vear that includes the date of the emplovee's severance from employment if: fW the pavment is reaular compensation for services during the emplovee's reaularworkina hours, or compensation for services outside the emolovee's reaular workina hours (such as overtime or shift differential), Ordinance No. 1055 - Page 17 of 37 commissions, bonuses or other similar pavments, and, absent a severance from emplovment, the pavments would have been paid to the emplovee while the emplovee continued in emplovment with the emplover: or U the pavment is for unused accrued bona fide sick, vacation or other leave that the emplovee would have been able to use if emplovment had continued. U Back pay. within the meanina of Treasunt Reaulations Section 1.415(c)-2(q)(8), shall be treated as compensation for the limitation vear to which the back pav relates to the extent the back pav represents waaes and compensation that would otherwise be included under this definition., D. Notwithstandina anv other provision of law to the contrary. the Board may modify a reauest by a Member to make a contribution to the. Svstem if the amount of the contribution would exceed the limits, provided in Code Section 415 by usina the following methods: If the law reauires a lump sum pavment for the purchase of service credit. the Board may establish a periodic pavment deduction plan for the Member to avoid a contribution in, excess of the limits under Code Sections 415(c) or 415(n). If pavment pursuant to subparaaraph (1) will not avoid a contribution in excess of the limits imoosed by Code Section 415(c). the Board may either reduce the Member's contribution to an amount within the limits of that section or refuse the Member's contribution. 11. Additional Limitation on Pension Benefits.. Notwithstandina anvthina herein to the contrary: A. The normal retirement benefit or pension pavable to a Retiree who becomes a Member of the Svstem and who has not orevioushf. participated in such Svstem. on or after Januan, 1. 1980. shall not exceed one hundred percent (100%) of his Averaae Final Compensa- tion. However. nothina contained in this Section shall apply to supplemental retirement benefits or to oension increases attributable, to cost-of-livina increases or adiustments. Ordinance No. 1055 - Page 18 of 37 B. No Member of the Svstem shall be allowed to receive a retirement benefit or pension which is in Dart or in whole based upon anv service with respect to which the Member is already receiving. or will receive in the future. a retirement benefit or Derision from a different emDlover's retirement system or Dian. This restriction does not aDDly to social securitv benefits or federal benefits under Chapter 67. Title 10. U.S. Code. SECTION 10: 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 16, Minimum Distribution of Benefits, to read as follows: SECTION 16. MINIMUM DISTRIBUTION OF BENEFITS. 1. General Rules. A. Effective Date. Effective as of January 1. 1989. the Plan will Dav all benefits in accordance with a aood faith interpretation of the requirements of Code Section 401(a)(9) and the reaulations in effect under that section. as aDDlicabie to a aovernmental Dian within the meanina of Code Section 414(d). Effective on and after January 1. 2003. the Plan is also subiect to the specific Drovisions contained in this Section. The provisions of this Section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. B. Precedence. The requirements of this Section will take precedence over any inconsistent provisions of the Plan. T_ seeo�� ri 1 I1 oar Ll a eerie. E) C. TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this Section other than this subsection +-B- 1.C., distributions may be made under a designation made before January 1, 1984, in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that related to Section 242(b)(2) of TEFRA. 2. Time and Manner of Distribution. Ordinance No. 1055 - Page 19 of 37 A. Required Beoinnina Date. The Member's entire interest will be distributed, or begin to be distributed, to the Member no later than the Member's required beginning date which shall not be later than April 1 of the calendar year following the later of the calendar year in which the Member attains age seventy and one-half (70 Y2) or the calendar year in which the Member retires umless otherwise provided for in the Plan or required by I terminates emplovment with the Citv. B. Death of Member Before Distributions Beain. If the Member dies before distributions begin, the Member's entire interest will be distributed, or begin to be distributed no later than as follows: (1) If the Member's surviving spouse is the Member's sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Member died, or by a date on or before December 31 of the calendar year in which the Member would have attained age 70 '/2, if later. as the surviving spouse elects. (2) If the Member's surviving spouse is not the Member's sole designated beneficiary, then, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Member died. (3) If there is no designated beneficiary as of September 30 of the year following the year of the Member's death, the Member's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Member's death. (4) If the Member's surviving spouse is the Member's sole designated beneficiary and the surviving spouse dies after the Member but before distributions to the surviving spouse begin, this subsection 2.B., other than subsection 2.13.(1), will apply as if the surviving spouse were the Member. For purposes of this subsection 2.B. and subsection 5., distributions are considered to begin on the Member's required beginning date or, if subsection 2.B.(4) applies, the date of Ordinance No. 1055 - Page 20 of 37 • • distributions are required to begin to the surviving spouse under subsection 2.B.(1). If annuity payments irrevocably commence to the Member before the Member's required beginning date (or to the Member's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection 2.13.(1)), the date distributions are considered to begin is the date distributions actually commence. C. Death After Distributions Beain. If the Member dies after the reauired distribution of benefits has begun. the remainina portion of the Member's interest must be distributed at least as raoidly as under the method of distribution before the Member's death. G.D Form of Distribution. Unless the Member's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance of subseetie-0 %3, 4 and 5 o with this Section. If the Member's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Section 401(a)(9) of the Code and Treasury regulations. Any part of the Member's interest which is in the form of an individual account described in Section 414(k) of the Code will be distributed in a manner satisfying the requirements of Section 401(a)(9) of the Code and Treasury regulations that apply to individual accounts. 3. Determination of Amount to be Distributed Each Year. A. General Anmuwtv Reauirements. If the Member's interest is paid in the form of annuity distributions under the Plan, payments under the annuity will satisfy the following requirements: (1) The annuity distributions will be paid in periodic payments made at intervals not longer than one year. .. ; :. . ; ; The Member's entire interest must be distributed pursuant to Section 6. Section 7. Section 9. or Ordinance No. 1055 - Page 21 of 37 Section 10 (as applicable) and in anv event over a period equal to or less than the Member's life or the lives of the Member and a designated beneficiarv. or over a period not extendinq bevond the life expectancv of the Member or of the Member and a designated beneficiarv. The life exaectancv of the Member. the Member's soouse. or the Member's beneficiary may not be recalculated after the initial determination for purposes of determinina benefits. (3) C"mee paymemts have begun ever et period eertaim, the p then the rn -mitted. follows.- t\ r%„ kal '-'J -. .: IS : _, ._ :MIL'A-MMI-IL-1-10§=WJML ,. . 11 Member'spayrne a. .. , - _. r_- _ �..- lJ ►v NI" !v! . Jug v upen death, but only the benefieffiary whose life was being used to determine the distribution peried Member's beneficiary purstiant to a qualified demestie re'ateems order within the meaning of Seetion 414(p). !_\ T_ �.., , upon the Member's death. prov , v pay 1TTGTeaSCCr'benefits at rcsu�tfrofll d 1 arnendrnerrt-. B. Amount Reauired to be Distributed by Reauired Beainnina Date,. The amount that must be distributed on or before the Member's required beginning date (or, if the Member dies before distributions begin, the date distributions are required to begin under ftbseetiorSection 7) is the payment that is required for one payment interval. The second payment need not be made until the end of the next payment Ordinance No. 1055 - Page 22 of 37 interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., enthly, monthly, . All of the Member's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the Member's required beginning date. C. Additional Accruals After First Distribution Calendar Year. Any additional benefits accruing to the Member in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. ; - ;; - - - - ; - - - - - .11 W- : :. : . Ordinance No. 1055 - Page 23 of 37 - - - -- - - - - ; - ; 2 111 1 • i i _ _ - i I_ i A I t _ ; _ ; iAll 1 f Ordinance No. 1055 - Page 24 of 37 ; ; I I ; ;. ._ - ; rnmwl D : ::. 4. General Distribution Rules. A. The amount of an annuity paid to a Member's beneficiary may not exceed the maximum determined under the incidental death benefit reauirement of Code Section 401(a)(9)(G). and effective for anv annuitv commencina on or after January 1. 2008. the minimum distribution incidental benefit rule under Treasury Reaulation Section 1.401(a)(9)-6. Q&A-2. B. The death and disability benefits provided by the Plan are limited by the incidental benefit rule set forth in Code Section 401(a)(9)(G) and Treasury Reaulation Section 1.401-1(b)(1)(1) or anv successor regulation thereto. As a result. the total death or disability benefits pavable may not exceed 25% of the cost for all of the Members' benefits received from the retirement system. 65. Definitions. A. Designated Beneficiary. The individual who is designated as the beneficiary under the Plan and is the designated beneficiary under Section 401(a)(9) of the Code and Section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations. B. Distribution Calendar Year. , A calendar year for which a minimum distribution is required. For distributions beginning before the Member's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the Member's required beginning date. For distributions beginning after the Member's death, the first distribution calendar year is the calendar Ordinance No. 1055 - Page 25 of 37 year in which distributions are required to begin pursuant to Section 7. G. Life Exneetanev. I=ife expeetamey as eernputed by use of the Single Life Table On Seetion 1.401(a)(9) 9 of the Treasury regulations. v. Ranu red BeaonmmmciDate. SECTION 11: 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 17, Miscellaneous Provisions, to read as follows: SECTION 17. MISCELLANEOUS PROVISIONS. 1. Interest of Members in Svstem. At All assets of the Fund are held in trust, and at no time prior to the satisfaction of all liabilities under the System with respect to Retirees and Members and their Spouses or Beneficiaries, shall any part of the corpus or income of the Fund be used for or diverted to any purpose other than for their exclusive benefit. 2. No Reduction of Accrued Benefits. No amendment or ordinance shall be adopted by the City Council of the City of Okeechobee which shall have the effect of reducing the then vested accrued benefits of Members or a Member's Beneficiaries. 3. Qualification of Svstem. It is intended that the System will constitute a qualified public pension plan under the applicable provisions of the Code for a qualified plan under Code Section 401(al and a aovernmental plan under Code Section 414(d), as now in effect or hereafter amended. Any modification or amendment of the System may be made retroactively, if necessary or appropriate, to qualify or maintain the System as a Plan meeting the requirements of the applicable provisions of the Code as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. 4. Use of Forfeitures. Forfeitures arising from terminations of service of Members shall serve only to reduce future City contributions. 5. Prohibited Transactions. Effective as of Januanr 1. 1989. a Board may not enaaae in a transaction. prohibited by Code Section 503(b). 6. USERRA. Ordinance No. 1055 - Page 26 of 37 • • Effective December 12. 1994, notwithstandina anv other provision of this Svstem, contributions, benefits and service credit with respect to qualified military service are aoverned by Code Section 414(u) and the Uniformed Services Employment and Reemplovment Riahts Act of 1994, as amended. To the extent that the definition of "Credited Service" sets forth contribution requirements that are more favorable to the. Member than the minimum compliance requirements, the more favorable provisions shall, 7. Vestina. A. Member will be 100% vested in all benefits upon attainment of the. Plan's aae and service requirements for the Plan's normal retirement. benefit: and B. A Member will be 100% vested in all accrued benefits, to the extent, funded. if the Plan is terminated or experiences a complete, discontinuance of emplover contributions. 8. Electronic Forms. In those circumstances where a written election or consent is not required by the Plan or the Code, an oral, electronic, or telephonic form in lieu of or in addition to a, written form may be prescribed by the Board. However, where applicable, the Board shall, comply with Treas. Rea. & 1.401 W-21. 59. Compliance with Chapter 175. Florida Statutes,. It is intended thatthe System will continue to qualify forfunding under Section 175.101, Florida Statutes. Accordingly, unless otherwise required by law, any provision of the System which violates the requirements of Chapter 175, Florida Statutes, as amended from time to time, shall be superseded by and administered in accordance with the requirements of such chapter. SECTION 12: 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 18, Repeal or Termination of System, to read as follows: SECTION 18. REPEAL OR TERMINATION OF SYSTEM. 1. This ordinance establishing the System and Fund, and subsequent ordinances pertaining to said System and Fund, may be modified, terminated, or amended, in whole or in part; provided that if this or any subsequent ordinance shall be amended or repealed in its application to any person benefitting hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the Ordinance No. 1055 - Page 27 of 37 Member or Beneficiary shall not be affected thereby, exeept to the extent that the ass of the Fumd may be determined to be inadequate. 2. If this ordinance shall be repealed, or if contributions to the System are discontinued or if there is a transfer, merger or consolidation of government units, services or functions as provided in Chapter 121, Florida Statutes, the Board shall continue to administer the System in accordance with the provisions of this ordinance, for the sole benefit of the then Members, any Beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one of the options provided for in this ordinance who are designated by any of said Members. In the event of repeal, discontinuance of contributions, or transfer, merger or consolidation of government units, services or functions, there shall be full vesting (100%) of benefits accrued to date of repeal and the assets of the System shall be alleested in am equitable manner to provide benefits on a proportionate basis to the sor.s ,:, hereef such benefits shall be nonforfeitable. n assets of the System as of the date ofi-Q-p- k..e,'l )f this ordinanee, or if eentributeems to the The following she!l be the order of priority for purposes of alloestin I ; ; ON N -- - ---•-; -;--- - ----- ;--- :• -; --- --low--Ln •--• - -; 1-1 EL-1 Eir EIVAL Ordinance No. 1055 - Page 28 of 37 Me :.: :lizLe _:::Mr. 1 lrw Lw ; 1-21 IN : ::•: ;0 1-10- - ;- - :. ::- ; -; - - ;. :.: : ;. ;N" ERE I -- - :is1.1\.I:1.111.1.A�..f�.l:l-�:1'�1�► ��l ltAl- - - - - 1p1ig1 1q1 1�11j�1e��A.11: cont IVM Ordinance No. 1055 - Page 29 of 37 ; -; i- --;---;------; -- -i i---- - -.;W - ;--- ;AE - IR-jL 11�1�J\\•t111\► �•1.1�1■P�1\�d 11[�1�\�1\��\•1ZLd<InZ�11 \d��13�i 11di11V��S�Cd t��V ��•M i i i - _ _ _ i _ _ _ i _ _ _ _ - _ _ _ _ _- _ _ _ i _pRr-_ __ _ _ _ i i _ • 1111 1 IN • _ _ _ i _ _ i _ _ _ __ _ _ _ - iwm L-110 _ i _ iW-- -• i - • i i i RILVIII IN In i i _ _ i _ _ i _ _ _ _ _ _ _ i = _ _ i _ _ _ _ _ i _ i _ _ _ • i W Vfo 91 LU WA LN�i III VWAII 4 _i i• 14 IV] _ i_ _ _i i - i • i - - ; ; - - - ; • - - - ; - - • - i i i i - • • - - - - ; - - - - ; - • • • • - - ; WT11111M- Rk ----;;--•- -;.10 -;---;- •-i i -- ;- lt�'2�71LWJIIL-j ; - • i -- ;- -- • ;;- - - i� .i �i- - - ;- ----- - -;• -- ---- - ; •--- i _ _ _ _ _ • _ i i _ _ _ _ i i i i • - i -IN i CA _ i Pox i I UTWTT-CUHIi funds __ revert __ to the _ genera' fund of _ 3. The •shallbe distributed in accordance• • • • • - • A. The Board shall determine the date of distribution and the asset value. required to fund all the nonforfeitable benefits after takina into account. the expenses of such distribution. The Board shall inform the Citv if, additional assets are required. in which event the Citv shall continue to financially support the Plan until all nonforfeitable benefits have. been funded. B. The Board shall determine the method of distribution of the asset value. whether distribution shall be by payment in cash, by the maintenance of another or substituted trust fund. by the purchase of Ordinance No. 1055 - Page 30 of 37 insured annuities. or otherwise. for each Firefiahterentitled to benefits under the plan as specified in subsection C. C. The Board shall distribute the asset value as of the date of termination in the manner set forth in this subsection. on the basis that the amount reauired to provide anv given retirement income is the actuarially computed sinale-sum value of such retirement income. except that if the method of distribution determined under subsection B. involves the purchase of an insured annuitv. the amount reauired to provide the aiven retirement income is the sinale premium pavable for such annuitv. The actuarial sinale-sum value may not be less than the Firefiahter's Accumulated Contributions to the Plan. with interest if provided by the Plan. less the value of anv plan benefits previously paid to the Firefiahter. D. If there is asset value remainina after the full distribution specified in subsection C.. and after the pavment of anv expenses incurred with such distribution. such excess shall be returned to the Citv. less return to the State of the State's contributions. provided that. if the excess is less than the total contributions made by the Citv and the State to date of termination of the Plan. such excess shall be divided proportionately to the total contributions made by the Citv and the State. E. The Board shall distribute. in accordance with subsection B.. the amounts determined under subsection C. If. after twentv-four (24) months after the date the Plan terminated or the date the Board received written notice that the contributions thereunder were beina permanently discontinued. the Citv or the Board of the Fund affected has not complied with all the provisions in this Section. the Florida Department of Manaaement Services will effect the termination of the Fund in accordance with this Section. SECTION 13: 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 19, Domestic Relations Orders, Retiree Directed Payments, Exemption from Execution, Non -Assignability, subsection 2., Retiree Directed Payments, to read as follows: 2. Retiree Directed Pavments. Ordinance No. 1055 - Page 31 of 37 The Board may, upon written request by a Retiree or by a dependent, when authorized by a Retiree or the Retiree's Beneficiary, authorize the System to withhold from the monthly retirement payment those funds that are necessary to pay for the benefits being received through the City, to pay the certified bargaining agent of the City, to make pavments to insurance companies for insurance premiums as permitted by Chapter 175. Florida Statutes. and to make any payments for child support or alimony. SECTION 14: 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 21, Forfeiture of Pension, subsection 1., to read as follows: 1. Any Member who is convicted of the following offenses committed prior to Retirement, orwhose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this System, except for the return of his Accumulated Contributions, but without interest, as of the date of termination. Specified offenses are as follows: A. The committing, aiding or abetting of an embezzlement of public funds; B. The committing, aiding or abetting of any theft by a public officer or employee from employer; C. Bribery in connection with the employment of a public officer or employee; D. Any felony specified in Chapter 838, Florida Statutes. E. The committing of an impeachable offense. F. The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employment position. G. The committina on or after October 1. 2008. of anv felonv defined in. Section 800.04. Florida Statutes. against a victim vounaer than Ordinance No. 1055 - Page 32 of 37 sixteen (16) years of aae. or anv felonv defined in Chanter 794, Florida Statutes. aaainst a victim vounaer than eiahteen (18) vears of aae, by a public officer or emplovee through the use or attempted use, of power, riahts. privileaes, duties, or position of his or her public, office or emplovment position., SECTION 15: 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 26, Direct Transfers of Eligible Rollover Distributions, Elimination of Mandatory Distributions, to read as follows: SECTION 26. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS, ELIMINATION OF MANDATORY DISTRIBUTIONS, 1. Rollover Distributions. A. General. This Section applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the System to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. B. Definitions. (1) Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include; any distribution that is one (1) of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Code; and the portion of any distribution that is not includible in gross income. Any Effective January 1. 2002, anv portion of any distribution which would be includible in gross income as after-tax emolovee contributions will be an eligible rollover distribution if the distribution is made to an individual retirement Ordinance No. 1055 - Page 33 of 37 account described in section 408(a), to an individual retirement annuity described in section 408(b), err to a qualified defined contribution plan described in section 401(a) or 403(a) that agrees to separately account for amounts so transferred and earninas thereon), including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible; or on or after January 1. 2007. to a aualified defined benefit plan described in Code Section 401(a) or to an annuity contract described in Code Section 403(b). that aarees to separately account for amounts so transferred (and earninas thereon). including separately accountina for the portion of the distribution that is includible in aross income and the portion of the distribution that is not so includible. (2) Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code. effective January 1. 2002, an eligible deferred compensation plan described in section 457(b) of the Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Code and which agrees to separately account for amounts transferred into such plan from this plan: effective January 1. 2002, an annuity contract described in section 403(b) of the Code, err a qualified trust described in section 401(a) of the Code: or effective January 1. 2008. a Roth IRA described in Section 408A of the Code, that accepts the distributee's eligible rollover distribution. This definition shall apply in the case of an eligible rollover distribution to the surviving Spouse. (3) Distributee: A distributee includes an employee or former employee. In addition, It also includes the employee's or former employee's surviving Spouse is a distributee with employee'sregard to the interest of the Spouse and the employee's of former ;:1,11,101, spouse. Effective January 1. 2007. it further includes a nonsoouse beneficiary Ordinance No. 1055 - Page 34 of 37 who is a designated beneficiary as defined by Code Section 401(a)(9)(E). However. a nonsoouse beneficiary may rollover the distribution only to an individual retirement account or individual retirement annuitv established for the purpose of receivina the distribution and the account or annuity will be treated as an "inherited" individual retirement account or. annuity. (4) Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. 2. Rollovers or Transfers into the Fund,. On or after January 1, 2002, the System will accept, solely for the purpose of purchasing Credited Service as provided herein, permissible Member requested transfers of funds from other retirement or pension plans, Member rollover cash contributions and/or direct cash rollovers of distributions made on or after January 1, 2002, as follows: A. Transfers and Direct Rollovers or Member Rollover Contributions from, Other Plans. The System will accept either a direct rollover of an eligible rollover distribution or a Member contribution of an eligible rollover distribution from a qualified plan described in section 401(a) or 403(a) of the Code, from an annuity contract described in section 403(b) of the Code or from an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. The System will also accept legally permissible Member requested transfers of funds from other retirement or pension plans. B. Member Rollover Contributions from IRAs. The system will accept a Member rollover contribution of the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the Code that is eligible to be rolled over andwould 3. Elimination of Mandatory Distributions. Notwithstanding any other provision herein to the contrary, in the event this Plan provides for a mandatory (involuntary) cash distribution from the Plan not otherwise required by law, for an amount in excess of one -thousand dollars ($1,000.00), such distribution shall be made from the Plan only upon written request of the Member and Ordinance No. 1055 - Page 35 of 37 completion by the Member of a written election on forms designated by the Board, to either receive a cash lump sum or to rollover the lump sum amount. SECTION 16: 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 27, Prior Fire Service, Subsection 5., to read as follows: 5. In no event, however, may Credited Service be purchased pursuant to this Section for prior service with any other municipal, county or special district fire department, if such prior service forms or will form the basis of a retirement benefit or pension from a different employer's retirement system or plan as set forth in Section 15, subsection 6:-B 11.13. SECTION 17: 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 28, Deferred Retirement Option Plan, subsection 4.B., Form of Distribution, to read as follows: 4. B. Form of Distribution. (1) Unless the Member elects otherwise, distribution of his DROP Account shall be made in a lump sum, subject to the direct rollover provisions set forth in subsection 41. A Member mar, however, e'ect, an sueh terne and memner as the Board she" preseribe, that his DRE)P distribution be used to purehase a nonforfe0table fixed annuity payable On stieh form as the Member may eet. Elections under this paragraph shall be in writing and shall be made in such time or manner as the Board shall determine. (2) If a Member dies before his benefit is paid, his DROP Account shall be paid to his Beneficiary in such optional form as his Beneficiary may select. If no Beneficiary designation is made, the DROP Account shall be distributed to the Member's estate. SECTION 18: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 19: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Ordinance No. 1055 - Page 36 of 37 SECTION 20: 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 21: That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this 6th day of October. 2009. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk Passed on second reading after public hearing this 3rd day of November. 2009. ATTEST: Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney d m/ok/fi re/09-21-09. ord James E. Kirk, Mayor Ordinance No. 1055 - Page 37 of 37 0 -eNDEPENE ®NEWSPAPERS OKEECHOBEE- NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 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 atfached copy of advertisement being a _ - in the matter of in the 19th Jutial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues% of 61 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. b / — — Judy Kasten -S orn to and subscribed before me this /n . day of __ "�—° AD Notary Public, State of Florida at Large cc - NOTARY PLTBi:ic-,mA ar T,n?IDA Angie Bridges _Commission #DD779718 Expires: APR. 20, 2012 BONDED THRU ATLANtG BQNDiNG Co., INC. ON on Al -0 9 MI, Ord 1055 Ex (863) 763-3134 PUOTEM tToa DDUMM [ICE that u aty.C.;Zj of tM W of November 3 .IIg9 a�t6:00 µµm. or as y , M, 55 SE 3rdAve., OKeetl100ee, R co atr Oerk rgtdor bus Of1990 �xh�bif 5 ORDINANCE NO. 1056 /I/o v3, ao�9 AN ORDINANCE OF THE CITY OF OKEECHOBEE, OKEECHOBEE COUNTY, FLORIDA, AMENDING THE TEXT OF THE POTABLE WATER SUB -ELEMENT OF THE SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER AND NATURAL GROUNDWATER AQUIFER RECHARGE (INFRASTRUCTURE) ELEMENT; THE CONSERVATION ELEMENT; THE INTERGOVERNMENTAL COORDINATION ELEMENT AND CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN IN ORDER TO COORDINATE THE CITY'S COMPREHENSIVE PLAN WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S KISSIMMEE BASIN WATER SUPPLY PLAN UPDATE, AND TO INCLUDE A 10-YEAR WATER SUPPLY FACILITIES WORK PLAN INTO THE COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES 163.3177(6)(C); AUTHORIZING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, AND OTHER APPLICABLE AGENCIES FOR REVIEWAND COMMENT AS REQUIRED BY FLORIDA STATUTES; PROVIDING FOR A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, the City Council of the City of Okeechobee has adopted a Comprehensive Plan by Ordinance No. 635, as amended, in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, Chapter 163, Florida Statutes, and Rule 9-J-5, Florida Administrative Code provide for amendments to be adopted to Comprehensive Plans; and WHEREAS, the State Legislature of the State of Florida has mandated that all local governments draft and adopt a 10-year Water Supply Facilities Work Plan based on the Regional Water Management District's Water Supply Facilities Work Plan, into their Comprehensive Plans to strengthen coordination of water supply planning and local land use planning; and WHEREAS, the South Florida Water Management District's Kissimmee Basin Water Supply Plan 2005-2006 Update was prepared and approved in accordance with Chapter 163, Florida Statutes; and WHEREAS, the City of Okeechobee recognizes the need for better integration of land use planning, development and water supply; and WHEREAS, the Planning Board acting as the Local Planning Agency held its duly advertised public hearing on October 15, 2009, reviewed the proposed Amendment provided as Attachment A herein, and forwarded its recommendation to the City Council for transmittal to the State Land Planning Agency (DCA); and WHEREAS, City Council has agreed with the recommendations of the City's Planning Board, and at a duly advertised hearing on November 3, 2009, approved the proposed Comprehensive Plan Amendments, provided asAttachmentA herein; and WHEREAS, the City has received and responded to the Florida Department of Community Affairs' Objections, Recommendations and Comment (ORC) Report regarding the proposed Amendments; and Ordinance No.1056 - Page 1 of 29 WHEREAS, after notice of a Public Hearing being duly published, the City Council on , 20 approved the proposed Comprehensive Plan Amendments provided as Attachment A herein. 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. That the City of Okeechobee, Florida hereby adopts amendments to its current Comprehensive Plan dated March 19, 1991, as amended, which amendments consist of the pages which are identified as Attachment "A", and provided herein; a copy of the Amendments are on file at City Hall in Okeechobee, Florida. Section Two. That the City Clerk is hereby directed to transmit three (3) copies of the amendments of the current Comprehensive Plan to the State Land Planning Agency, along with one (1) copy to the Central Florida Regional Planning Council; Florida Department of Education; Florida Department of Environmental Protection, Office of Intergovernmental Programs; Florida Department of State, Division of Historic Resources; Florida Department of Transportation; Office of Tourism, Trade, and Economic Development; and the South Florida Water Management District, and to any other unit of local government who has filed a written request for a copy, within ten (10) working days after adoption, in accordance with Section 163.3184(7), Florida Statutes. Section Three. That all ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section Four. The effective date for the enactment of this Ordinance No. 1056 shall be the date a Final Order is issued by the Department of Community Affairs finding this Amendmentto be in compliance in accordance with Chapter 163.3184, Florida Statutes; or the date a Final Order is issued by the Administrative Commission finding this Amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes. INTRODUCED for first reading of the ordinance for transmittal in accordance with Chapter 9J-11 FAC and F.S. 163.3184(15), at a public hearing this 3rd day of November, 2009. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this day of ,20 ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1056 -Page 2 of 29 • • ATTACHMENT "A" City of Okeechobee 10-Year Water Suppler Facilities Work Plan 2009-2019 Draft: September 22, 2009 LaRue Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 239-334-3366 * Fax: 239-334-6384 jim@larueplanning.com In Conjunction with: Okeechobee Utilities Authority and Okeechobee County Ordinance No.1056 - Page 3 of 29 Table of Contents INTRODUCTION........................................................................................................................1 DATA AND ANALYSIS...............................................................................................................2 ♦ " INTRODUCTION..............................................................................................................2 ♦ SERVICE AREA...............................................................................................................3 Table 1 — 2008 OUA Metered Water Connections...........................................................3 ♦ POPULATION PROJECTIONS FOR THE CITY OF OKEECHOBEE...............................3 Table 2 — City of Okeechobee Approved Developments..................................................4 Table 3 — Peak Population Forecast.................................................................................5 ♦ OUA SERVICE AREA POPULATION ANALYSIS.............................................................5 Table 4 — OUA 2000 Service Area...................................................................................5 Table 5 — OUA Projected 2025 Service Area...................................................................6 Table 6 — OUA Developer Agreements............................................................................6 ♦ PUBLIC POTABLE WATER FACILITIES INVENTORY....................................................7 OperationalResponsibility.....................................................................................................7 Surface Water Treatment Plant...............................................................................................7 GroundWater Treatment Plant................................................................................................7 WaterQuality..........................................................................................................................8 PublicWells.............................................................................................................................8 Table 7 — OUA Potable Water Supply Wells.....................................................................8 Waste Water Treatment Plant.................................................................................................8 Table 8 — 2001 OUA Wastewater Treatment Facility Flows..............................................9 ConsumptiveUse Permit.........................................................................................................9 Table 9 — SFWMD Consumptive Use Permit....................................................................9 LaRue Planning & Management Services, Inc. Draft: September 22, 2009 Ordinance No.1056 -Page 4 of 29 ♦ POTABLE WATER DEMAND, CAPACITY, AND SURPLUS/DEFICIENCIES.................10 County -wide Existing and Projected Potable Water Demand................................................10 Table 10 — SFWMD Projected Average Daily Flow Through 2025..................................10 Table 11 — OUA Projected Average Daily Flow Through 2025.......................................11 Table 12 — OUA Projected Maximum Daily Flow — Raw Water Through 2025................11 City of Okeechobee: Analysis of Population, Demand and Projected Flows .........................12 Table 13 — City of Okeechobee Population and Potable Water Demand, 2009 - 2019 ...12 Figure 1: South Florida Water Management District Utility Summary .............................13 ♦ FUTURE WATER SOURCES.........................................................................................14 Table 14: Proposed Water System Improvement Project...............................................14 ♦ FUTURE CONSERVATION PROGRAMS......................................................................14 Figure 2: Okeechobee Utility Authority (OUA) Service Area boundary, 2009..................15 GOALS, OBJECTIVES AND POLICIES....................................................................................16 ♦ Implementation...............................................................................................................16 INFRASTRUCTURE ELEMENT: EXISTING AND PROPOSED GOALS, OBJECTIVES AND POLICIES AND NEW POLICIES AND PROPOSED AMENDMENTS FOR THE POTABLEWATER SUB-ELEMENT...............................................................................17 CONSERVATION ELEMENT: PROPOSED NEW POLICIES AND AMENDMENTS................22 INTERGOVERNMENTAL COORDINATION ELEMENT: PROPOSED NEW POLICIES AND AMENDMENTS..............................................................................................................23 CAPITAL IMPROVEMENTS ELEMENT: PROPOSED NEW POLICIES AND AMENDMENTS 24 LaRue Planning & Management Services, Inc. Draft: September 22, 2009 Ordinance No.1056 - Page 5 of 29 INTRODUCTION The traditional source of drinking water for Central Florida has been the Floridan aquifer, an artesian aquifer that covers approximately 100,000 square miles and supplies all of the State of Florida with its potable water. As with all sources of fresh water, the Floridan aquifer is not an unlimited resource. Due to the unprecedented growth seen throughout the state, four of the five water management districts have acknowledged there is soon to be a significant shortage between the potable water demand and available supply. As a result, the Florida Legislature enacted bills in 2002, 2004 and 2005 that essentially require conformity between all future land use planning and water supply planning. As a result of this legislation, all local governments subject to a regional water supply plan must revise their comprehensive plans within eighteen months after the approval of the regional water supply plan. This work plan will generally follow the information for local government Comprehensive Plans outlined in the South Florida Water Management District's Kissimmee Basin Water Supply Plan Update. The Kissimmee Basin Water Supply Plan Update 2005-2006 was prepared in conjunction with the State Legislature's expansion on the requirements of the Local Government Comprehensive Plans to include the development of a 10-Year Water Supply Work Plan (Chapter 163, Florida Statutes) for coordination of water suppliers within the service area. The planned development is required by all local governments with responsibility for all or a portion of their water supply facilities, located in an area where a regional water supply plan, in our case the Kissimmee Basin Water Supply Plan, has been developed by the Water Management District. The City of Okeechobee's water utility is the Okeechobee Utility Authority and is located within the Kissimmee Basin Water Supply Planning area and is responsible for insuring adequate water supply development to its retail customers, namely local businesses and residences. Location of Kissimmee Basin of South Florida Water Management District. LaRue Planning & Management Services, Inc. Draft: September 22, 2009 1 Ordinance No.1056 - Page 6 of 29 DATA AND ANALYSIS The City offers the following data and analysis in the form of its Ten -Year Water Supply Facilities Work Plan and associated Policies to be adopted as part of its Potable Water Sub - Element of the Infrastructure Element. Since the engineers for Okeechobee County have completed a draft of the County's Water Supply Facilities Work Plan, much of the data pertaining to the service area, demand and capacities have been taken from that document and adapted as necessary to fit the needs of the City's Ten -Year Water Supply Facilities Work Plan. d INTRODUCTION The City of Okeechobee is located in the southern portion of Okeechobee County, approximately 1.5 miles north of the Lake Okeechobee shoreline. It is the county's only incorporated city, serving as a shopping and employment center for an area with a permanent population (according the Bureau of Economic and Business Research, of 5,496 in 2008, and a peak seasonal population of up to 7,694. Although the city's population is less than 10,000, Okeechobee experiences a level of intensity in its urban activities that is normally associated with larger cities. The Okeechobee Utility Authority (OUA), an entity independent of the City, provides potable water to areas both inside and outside the City's corporate limits, as well a distribution system for several outlying developments. The Okeechobee Utility Authority (OUA) Water Treatment Plant was originally constructed in 1926. The plant was later expanded in 1992 and the treatment process included aeration, coagulation, flocculation, sedimentation, pH adjustment, filtration, and Chloramine disinfection. Prior to the expansion, the plant had a permitted capacity of 3.2 MGD. By the year 2000, the plant reached 80% of its permitted capacity and thus needed to be expanded again. This plant expansion and modification expanded the plant capacity to 5.0 MGD. However, due to the age of the plant and the surrounding facilities, the amount of space available for expansion was restricted and the new design utilized a limited footprint. OUA is currently meeting present and future water demands by utilizing both ground water from the Floridan aquifers, or surface water from Lake Okeechobee. When choosing a potable water source, the three most important factors to consider are availability, quality, and cost. Lake Okeechobee provides a reliable and adequate quantity of source water and is a Class I water, meaning it is suitable as a potable water source. The small amount of head loss associated with pumping from the lake makes surface water cheaper to pump than ground water. However, surface water is typically more contaminated than ground water. Major contaminants include microbes such as blue-green algae and bacteria, turbidity,- and various minerals. Turbidity, total hardness, odor, and color create the greatest concern in Lake Okeechobee. Harmful algal blooms and the varying water quality also make the lake water difficult to treat. In Okeechobee, ground water is not as readily available as surface water and it can have high concentrations of iron, manganese, and hydrogen sulfide. It is also more expensive to pump due to the high head pressure it must overcome. However, ground water is typically cleaner with a lower bacteria count and has a more uniform quality than surface water. LaRue Planning & Management Services, Inc. Draft: September 22, 2009 Ordinance No.1056 - Page 7 of 29 6 SERVICE AREA The Okeechobee Utility Authority (OUA) is responsible for providing water and sewer to the residents of the City of Okeechobee and surrounding unincorporated areas. OUA also provides potable water to the nearby community of Buckhead Ridge located in Glades County. Figure 2, on page 15 depicts the Okeechobee Utility Authority (OUA) Service Area. While the majority of the City is being provided potable water, there are still small areas which are not being served because there are no lines connecting to these properties. Lines are available to serve about 95% of the City with potable water, although in the year 2000, OUA estimated that it provided potable water to 4,172 persons representing about 78% of the City's resident population. Table 1 — 2008 OUA Metered Water Connections Water Residential City of Okeechobee 2,015 OUA Service Area 7,995 Non -Residential 1 487 1788 Master Meter 1133 1444 Source: LaRue Planning & Management Services, Inc. and the City of Okeechobee, 2/09. ♦ POPULATION PROJECTIONS FOR THE CITY OF OKEECHOBEE The University of Florida's Bureau of Business and Economic Research (BEBR) estimates that the City's resident population as of April 1, 2008 was 5,496. Because Okeechobee is a center for freshwater fishing and other outdoor -related activities, the additional seasonal population and visitors staying overnight in the community has historically be estimated to equal about 40% of the resident population. The peak seasonal population in 2008 was estimated at 7,694. The following Table 2 is a list of residential developments having been approved since early 2007. Development of all but the two Assisted Living Facility projects have been postponed, and in a number of cases the projects have been subject to bankruptcy, foreclosure or other financial difficulties as a result of the current economic situation. Consequently, no growth as a result of these approvals is forecast in excess of that associated with the population projections promulgated by the Shimberg Center for Housing Studies as recorded by the Florida Housing Data Clearinghouse. These projections are provided in Table 3. LaRue Planning & Management Services, Inc. Draft: September 22, 2009 3 Ordinance No.1056 - Page 8 of 29 Project Name Central Park Oaks Table 2 — City of Okeechobee Approved Developments Number and Type of Units 4 single family units 40 multi -family O-Town Apts. I units Southern Trace The Lakehouse 217 multi- family units 136 multi- family units Location/ Type of Development SW quadrant of the City between SR 70 and SE 5th Street. SW quadrant of the city south of SR 70 on SE 10th Avenue between SE 4th and SE 5th Streets NW quadrant of the city and west of US 441, between NW 11 th and NW 14th Streets SW quadrant of the city on SW 15th St. between SW 10th and SW 7th Avenue Approval I Anticipated i Date Population 4/2007 111 persons 5/2007 108 persons 9/2007 578 persons 10/2007 367 persons NW quadrant of the City west of 37 multi -family NW 5th Ave. and between NW Casa Bella units 10th and NW 11d' Streets 12/2007 100 persons 31 units (assisted living Visiting facility @ one Nurses person per SE quadrant of the City east of Association unit) US 441, on SE 2"d Street 10/2008 31 persons NE quadrant of the City, at the 6 multi -family northeast corner of NE 10th Bevis units Street and NE 5th Avenue 11/2008 16 persons 14 units (assisted living facility @ one NE quadrant of the City east of person per US 441, between NE 61h and NE Asmussen unit) 7th Streets Total Persons at Build -out Source: LaRue Planning & Management Services, Inc. and the City of Okeechobee, 2/09. 12/2008 14 persons 1,233 However, should these projects be built and occupied within the next ten years, as originally planned, using the 2.70 average household size for residential units recorded in the 2000 Census and one person per unit for ACLFs, these approved developments could be expected to increase the City's resident population. by 1,233 persons by the year 2019. Consequently, the projected resident and peak seasonal populations of the City through the year 2019, which have been have been based on the Shimberg Center forecasts, are provided in the following table. LaRue Planning & Management Services, Inc. Draft: September 22, 2009 4 Ordinance No.1056 -Page 9 of 29 Table 3 — Peak Population Forecast City of Okeechobee Resident Seasonal Year Population I Population(2) Peak Population 12008 15,496 12,198 17,694 12009(') 15,520 12,208 17,728 12014 15,620 12,248 17,868 1 2019 15,720 12,288 8,008 �" Bureau of Economic and Business Research (BEBR) (z) At 40% of projected resident population. Source: LaRue Planning & Management Services, Inc., 2009. ♦ OUA SERVICE AREA POPULATION ANALYSIS OUA has reviewed its 2000 service area population and its projected 2025 service area population. This analysis was necessary to ensure that the entire public water supply population served by OUA, which includes a small portion of Glades County, was included in the population projections. The BEBR medium population projections used by SFWMD were also used in this analysis. Table 4 below indicates OUA's projected population to be served by public water supply within its existing service area. The public water supply population for year 2000 developed by OUA estimated the percentage of population actually being served by the OUA in each block group. Table 4 — OUA 2000 Service Area Estimated and Projected Population Served by Public Water Supply (PWS) County -wide I Okeechobee County I Glades County I Total Year Population PWS Population PWS Population ! PWS Population 2000(') 35,910 14,912 ' 1,689 16,601 2025(2) 146,400 19,266 12,076 121,342 Year 2000 PWS population calculations prepared by OUA were determined by utilizing block level information and estimating the percentage of population within each block group that was actually served. (2) Year 2025 PWS population was determined using each the 25 year growth rate of each County and applying it to the base PWS population. This number is 29.2% for Okeechobee County and 22.9% for Glades County. Source: Okeechobee Utility Authority. The OUA intends to continue the logical pattern of growth to its existing service area. To calculate the anticipated future need associated with the expanded service area, the year 2000 base population for the future service area (2025) was calculated using 2000 census block group data. Table 5, below, indicates OUA's projected public water supply population associated with its future service area. Year 2000 estimates for potable water demand include the total population residing in census block groups encompassed by the entire OUA 2000 service area. LaRue Planning & Management Services, Inc. Draft: September 22, 2009 5 Ordinance No.1056 - Page 10 of 29 • • Table 5 — OUA Projected 2025 Service Area Estimated and Projected Population Served by Public Water Supply (PWS) County -wide I Okeechobee County Glades County Total Year Population PWS Population I PWS Population I PWS Population 20000) 35,910 123,876 1,689 125,565 2025(21 46,400 1 30, 848 2,076 1 32, 924 Year 2000 PWS population calculations were determined by utilizing total population at the block level for the future service area boundary. (2) Year 2025 PWS population was determined using each the 25 year growth rate of each County and applying it to the base PWS population. This number is 29.2% for Okeechobee County and 22.9% for Glades County. Source: Okeechobee Utility Authority The projected 2025 service area identified by the OUA includes all of the property which is currently subject to an executed Developer Agreement for sanitary sewer and potable water. Table 6, below, summarizes the commitments within these Developer Agreements. Table 6 — OUA Developer Agreements IDev Agree Wastewater Water Dtd DEVELOPERS: ERC's ERC's Owner/Developer's Name Prolect Name 11/7/2006 Freshwater Development Co Freshwater 100 1 11/7/2006 Northshore Village Inc Northshore Village 301 11/7/2006 Stephen E Myers Sr Northshore Village 404 11/7/2006 Royal Professional Builders Inc Plaza Del Sol 100 11/6/2006 15th St Homes LLC/Montebello 13 LLC The Lakehouse 210 11/7/2006 Land Ventures of America LLC Eagles Landing 200 11M2006 Awesome Ranch LLC Awesome Ranch 350 350J 11/7/2006 Okeechobee Premier Prop, LLC Northshore Village 200 2/7/2006 New Okeechobee, LLC 240 Source: Okeechobee Utility Authority Notes: ERC = Equivalent Residential Connection 2105 350 Some Developments have only purchased Phase 1 connections LaRue Planning & Management Services, Inc. Draft: September 22, 2009 0 Ordinance No.1056 - Page 11 of 29 ♦ PUBLIC POTABLE WATER FACILITIES INVENTORY Operational Responsibility The Okeechobee Utility Authority is responsible for providing all potable water to residential and nonresidential users within the city and surrounding service area. There are no private facilities serving development within the City or the Service Area. Surface Water Treatment Plant The primary source for potable water is surface water from Lake Okeechobee which is treated at and distributed from the surface water treatment plant at 371 SR78 West. The original surface water treatment plant was constructed in 1926 and expanded in 1992 to accommodate additional demand created by a growing population. By the year 2000, the plant reached 80% of its permitted capacity and thus needed to be expanded again. The new plant was completed in April 2005, increasing OUA's surface water treatment capacity to its current capacity to 5.0 MGD. However, due to the age of the plant and the surrounding facilities, the amount of space available for expansion was restricted and the new design utilized a limited footprint. The current surface water treatment plan has a FDEP permitted capacity of 5 million gallons per day (MGD). The raw water for this plant is either drawn from Lake Okeechobee or from the Rim Canal which is outside of the levee surrounding the lake. The general treatment process is as follows: first, screening is done to remove the larger particulate matter such as lake grass, then flocculation/settling to remove finer particles, some color and odor, followed by ozonation to remove all odor, color and turbidity, followed by filtration, disinfection, and finally to onsite storage. On an as needed basis, high service pumps move the finished water from the storage tanks out into the transmission/distribution system for delivery to the customer. Ground Water Treatment Plant Okeechobee Utility Authority uses ground water as an additional source of potable water. The groundwater treatment plant located at 1200 NE 12t' Street has a FDEP permitted capacity of 1 MGD. In Okeechobee, ground water is not as readily available as surface water and it can have high concentrations of iron, manganese, and hydrogen sulfide. It is also more expensive to pump due to the high head pressure it must overcome. However, ground water is typically cleaner with a lower bacteria count and has a more uniform quality than surface water. The raw water for this plant is withdrawn from five shallow wells. There are two additional wells, but they do not have pumps installed at this time. The raw water from these wells enter the plant at the aeration tray where volatile gases such as sulfur are stripped from the water, this process is then followed by filtration, disinfection, and on to the onsite storage tanks. As water is needed in the transmission/distribution system, high service pumps withdraw water from the tank and pump it out into the system. LaRue Planning & Management Services, Inc. Draft: September 22, 2009 7 Ordinance No.1056 -Page 12 of 29 Water Quality The Okeechobee Utility Authority meets all standards established by the Florida Department of Environmental Protection. Public Wells The groundwater treatment plant located at 1200 NE 12t' Street has a FDEP permitted capacity of 1 MGD. T The raw water for this plant is withdrawn from five shallow wells. There are two additional wells, but they do not have pumps installed at this time. The raw water from these wells enter the plant at the aeration tray where volatile gases such as sulfur are stripped from the water, this process is then followed by filtration, disinfection, and on to the onsite storage tanks. As water is needed in the transmission/distribution system, high service pumps withdraw water from the tank and pump it out into the system. Table 7, taken from the Okeechobee County Water Supply Plan lists all seven potable water supply wells. Table 7 — OUA Potable Water Supply Wells Total Cased Well Pump Well Depth Depth Diameter Capacity Year Number Status Active Aquifer (feet) (inches) (inches) (GPM) Drilled { 1 { Existing { Yes { Surficial { 155 { 80 10 {400 1993 2 { Existing { Yes Surficial { 165 { 90 { 10 1 400 { 1993 { 3 { Existing i No { Surficial 155 1 80 { 10 {400 1993 {4 { Existing { No Surficial 175 100 { 10 { 250 { 1993 { 5 { Existing { Yes { Surficial { 175 { 100 { 10 250 { 1993 { 6 Existing { Yes { Surficial { 175 { 100 { 10 {250 { 1993 7 { Existing { Yes { Surficial { 175 { 100 { 10 {250 { 1993 I Source: Okeechobee Utility Authority, 2009 Waste Water Treatment Plant Okeechobee Utility Authority currently operates one 3.0 MGD wastewater treatment facility (WWTF) with reclaimed water disposal. Reclaimed water is used to irrigate 761 acres of citrus owned by the adjoining ranch and for limited public access landscape irrigation. SFWMD indicated in the Kissimmee Basin Water Supply Plan that OUA treated an average of .065 MGD in 2001 with an average of 0.35 MGD going to off -site citrus irrigation. In 2008, the average annualized daily flow was 0.762 MGD with 0.51 MGD being directed to off -site citrus irrigation, 0.04 MGD to on -site irrigation and 0.21 MGD allocated to evaporation/percolation from on -site storage pond. These flow distributions have been from the County's Water Supply Plan and are provided in Table 8. LaRue Planning & Management Services, Inc. Draft: September 22, 2009 8 Ordinance No.1056 - Page 13 of 29 Table 8 — 2001 OUA Wastewater Treatment Facility Flows FDEP Rated On -site Facility Capacity Flow I Off -Site Irrigation I Irrigation I Recharge OUA WWTP I - 2001 11.10 10.65 10.35 10.30 10.00 OUA WWTP - 2008 3.0 10.83 0.50 0.04 10.27 Source: Okeechobee Utility Authority 2008 Annual Reuse Report Consumptive Use Permit The SFWMD regulates withdrawal of water from the aquifer through the issuance of a Consumptive Use Permit (CUP). The Okeechobee Utility Authority has a consumptive use permit (CUP) for 2.83 MGD from Lake Okeechobee and the surficial aquifer. The current demands and existing developer agreement commitments appear to be approaching the current allocation. OUA has recently applied for a Consumptive Use Permit renewal from the South Florida Water Management District, along with a request for a slight increase in the CUP from the last permit issued. The final permit has not yet been issued at this time. Table 9 — SFWMD Consumptive Use Permit Avg. Daily permitted withdrawal I Surface water (MGD) Ground water (MGD) Current CUP$ I Requested CUP Design Capacity 2.83 (MGD) 16.00 (MGD) * I N/A N/A 2.20 (MGD) Maximum permitted 13.85$ (MGD) " Pending, subject to change with additional application data $ Permit #47-00004-W 5.00 (MGD) * 1.00 (MGD) * N/A N/A N/A' 7.0 (MGD) According to the South Florida Water Management District, district rules and source limitations make it uncertain whether the use of surface waters from or near Lake Okeechobee could be increased significantly. Use of alternative water supply sources, such as the Floridan Aquifer, would likely require additional, yet unplanned, water treatment facilities. LaRue Planning & Management Services, Inc. Draft: September 22, 2009 9 Ordinance No.1056 -Page 14 of 29 E 0 6 POTABLE WATER DEMAND, CAPACITY, AND SURPLUS/DEFICIENCIES County -wide Rusting and Projected Potable Water Demand The following information is taken from the Okeechobee County Water Supply Facilities Work Plan. Additional information pertaining to the City of Okeechobee population, approved development projects and potable water demand for the City's 2019 planning horizon are provided on page 12. Based on BEBR medium projections, the population within Okeechobee County is expected to increase by approximately 10,490 residents between 2000 and 2025. This equates to approximately 3,900 homes using average household size of 2.69 persons per household (2000 U.S. Census Data). The majority of this growth is anticipated to occur in and around the City of Okeechobee. With this increase in population, the finished water demand projections prepared by the SFWMD indi- cate an increase from 2.34 mgd in base year 2000 to 4.03 mgd in year 2025, or an overall increase of 1.69 mgd. This increase reflects the incorporation of water conservation and reuse programs. The incremental water demands for the county identified by SFWMD are provided in Table 10, following. Table 10 — SFWMD Projected Average Daily Flow Through 2026 Estimated Daily Flow Projected Average Daily Flow (MGD) (MGD) Water Use 12000 12005 12010 12015 12020 12025 Public Water Supply 12.34 12.68 13.02 13.35 13.69 14.03 Projection does not Include Okeechobee correctional Facility, which has a constant projected demand of 0.12 MGD through 2025 or public water supply systems generating less than 0.10 MGD. Source: Kissimmee Basin Water Supply Plan 2005-2006 Update (Appendix D) The figures presented in Table 10 were projected by SFWMD. The OUA has determined that these numbers will be slightly higher when taking into consideration the additional population created by an expanded service area, Glades County population and existing Developer Agreements. Applying these adjusted numbers, Table 11 provides the incremental water demands for the OUA, which includes a portion of Glades County and the projected 2025 expanded service area. These projections were derived from historical finished water production records for both the groundwater and surface water plants, and averaged to estimated per capita use in gallons per day (GPD). This daily average was then projected forward using population estimates to determine the projected water demand. LaRue Planning & Management Services, Inc. Draft: September 22, 2009 10 Ordinance No.1056 -Page 15 of 29 Table 11 — OUA Projected Average Daily Flow Through 2025 Estimated Daily Flow Projected Average Daily Flow (MGD) (MGD) Water Use 12000 12006 12010 12015 12020 12025 Public Water Supply 12.32 12.68 13.04 13.54 14.13 14.75 Projection does not Include Okeechobee Correctional Facility, which has a constant projected demand of 0.12 MGD through 2025 or public water supply systems generating less than 0.10 MGD. Source: Okeechobee Utility Authority, 2009 Based on the figures provided by the OUA, it is anticipated that Okeechobee County will have an average daily flow of 4.75 MGD for public water supply in year 2025. OUA also anticipates that the maximum daily flow for public water supply will increase concurrent with the increase in average daily flow. Table 12 provides OUA's projected maximum daily flow of raw water through 2025. Table 12 — OUA Projected Maximum Daily Flow — Raw Water Through 2025 Projected Maximum Daily Flow — Raw Water (MGD) Water Use 2010 2016 2020 2025 Public Water Supply t'i 3.80 4.43 5.16 16.00 Projection does not Include Okeechobee Correctional Facility, which has a constant projected demand of 0.12 MGD through 2025 or public water supply systems generating less than 0.10 MGD. Source: Okeechobee Utility Authority, 2009 Based on the existing combined plant capacity of 6.0 MGD, the OUA has sufficient water supply resources to accommodate the existing and projected population through the long range planning period. Since the OUA's combined plant capacity is 6.00 MGD, the Authority will need to monitor the maximum daily flow and initiate design and permitting for additional capacity when flows reach 75% of the maximum daily flow. LaRue Planning & Management Services, Inc. Draft: September 22, 2009 11 Ordinance No.1056 - Page 16 of 29 • City of Okeechobee: Analysis of Population, Demand and Projected Flows The City of Okeechobee's Ten -Year Water Supply Facilities Work Plan employs a planning horizon of 2019 and is based on estimates of the peak seasonal population. Based on the City's population projections and assuming all new development is provided potable water from OUA, following are projections of population and demand for potable water for the City's planning periods: Table 13 — City of Okeechobee Population and Potable Water Demand, 2009 - 2019 Population Served Peak Population Peak Demand Year `Resident Population I by OUA I Served by OUA(2) (MGD) 2009 5,520 14,312") 16,037 1.15 2014 5,620 14,412 16,177 1.17 2019 5,720 14,512 1 6, 317 1.47 �'f Estimated at 78% in 2009 and all new residents to be served by OUA. { (2) Seasonal population estimated at 40% of resident population served. Interpolating the population projections and demand for potable water in the OUA service area as contained in the County's draft Water Supply Plan indicates a total service area population of about 18,900 in 2019. The associated demand for finished potable water at 190 gppd is 3.6 mgd. The 18,900 population figure does not include persons expected to occupy units in projects already approved but not yet under construction in the City of Okeechobee. When these additional persons are included, the number of permanent residents rises by another 1,013 (the 1,233 associated with approved developments less 220 of these included in normal projected growth). Adding in provision for seasonal residents increases the total number of persons served during the peak season by 1,418. Using the 190 gppd standard for finished water OUA contemplates in its calculations would indicate an additional demand for 0.27 mgd for the peak population. Adding this to the 3.6 mgd demand forecast in the County's Water Supply Plan would raise maximum demand to 3.87 mgd. This is still below 75% of the 6.0 capacity contained in the County's Plan. Consequently, OUA maintains adequate ability to provide the current and anticipated future population of the City of Okeechobee with potable water through the City's ten-year planning horizon of 2019. The following SFWMD Utility Summary taken from the County's Water Supply Plan also confirms that there is adequate supply to provide service through the City's planning horizon of 2019. LaRue Planning & Management Services, Inc. Draft: September 22, 2009 12 Ordinance No.1056 - Page 17 of 29 Figure 1: South Florida Water Management District Utility Summary U T I ILI . TY SUMMARY OKEECNOBEtZOUNTY Supply Entity.* Okeechobee Utility Authority Population and -Supply Summary.• Proposedsupply projects. by 2015; Adequate Proposed supply pr4jepts. by 2025.- Adequate The,current.suoplie-� for the -Okeechobee v*c9mp.0,k eh e of;100p rc ltfreshwate r from Like ke Okeechobee. Based on current- projects Okeechobee County, can expect 4t� kl-5 :suppties, to be composed of abolUt,94 p6tc: A$ $3. , e., A Like 6kOe�obeo Onf rfac water from percent from. alternative water'suppties., The U..S.; Army Corps of Engineers; tUSA-E.), ' revised take reg(itatioh.schedute increases the tikelihbj�d 0fe- �t low lajkO *f0c' h go -U 0 affect the water supply to this utility.. Diversification of sources will: be needed;to-,-assure -.consistent supply" Votumme,from.1-radkiondf. Sources 2.3 3..2 3. t Li. 01, ft J3�m, rniittvt Q ovo volume of Reclafmed Water M . ade Available** 0.6 0.1, 0-133 Additional Pi table: 1Vater1Neq#ed O D 0,40 Per capita ' "Wasvittkn6ted based bn1otat-whteruse -for tine base year divided bypopulation fdr:the�,ye2W. This vale differs;troin` percop ta Use eA1mdt4v'deriV6d for thecdhiuMptive We Perm)ttWWthbt:mU-st be adhered to fbr permit issuance. **'Rettaim4d'W61tek mbde,avaltabte Is based upon projected w,"tewater flows as estimated JnVfet-dntrat,flor(d a Reglontl Re.use—Dtduhtfon pravided In Appendix. H,The.,Vzi1ua represents total wastewatevftow„dnd I does, not eefWct potable replacement inefficiencies or'bfher system Uses. Project Summary: AttefoaflVe Captured Storm Water;/Surface 'Water 0.0 Seawater 0.0 Reclaimed 1. Water 0.2 Other 0.0 total 3.4 Source.- Kissimmee Basin Water Supply Plan.2005-2006. Update -(Chapter 7) LaRue Planning & Management Services, Inc. Draft: September 22, 2009 13 Ordinance No.1056 - Page 18 of 29 0 • ♦ FUTURE WATER SOURCES OUA has a consumptive use permit (CUP) for 2.83 MGD from Lake Okeechobee and the surficial aquifer. Current demand and commitments under developer agreements appear to be approaching the current allocation. Water Management District rules and source limitations make it uncertain whether the use of surface waters from or near Lake Okeechobee could be increased significantly. The use of alternative water supply sources, such as the Floridian Aquifer, would likely require additional, as yet unplanned, water treatment facilities. Under current District rules [Section 3.2.1(G), Water Use Basis of Review], it appears that additional future withdrawals from Lake Okeechobee, beyond approximately 1.7 million gallons per day (MGD) currently pumped, may not be allowed for public water supply use. The long- term implication of this rule is that additional OUA surficial aquifer or alternative water supply facilities will need to be planned and constructed in order to ensure adequate future water supplies. Table 14 sets forth the estimated construction costs for the components of the water system improvement projects to be placed on-line in 2010. Funding for this program is from a USDA Loan. Table 14: Proposed Water System Improvement Project Okeechobee Utilities Authority (OUA) Water System 2008-2018* Description One Water Supply Well and Piping Water Plant Improvements to 0.99 MGD Transmission Booster Pump Station Storage and Pumping (Downtown) Distribution Piping TOTAL ESTIMATED CONSTRUCTION COST Estimated Construction Costs 2008-9 2009-10 2010-11 $137,500 $137,500 $0 $659,000 `$659,000 I $0 $105,500 I $105,500 I $0 $475,500 I $475,500 I $0 $412,500 $412,500 I $0 $1,790,000 I $1,790,000 I s0 2011-12 2012-13 �$o $o $0 1 so *Future years in the 2nd half of the 10-Year Water Supply Plan will include additional projects coinciding with additional water withdrawals and be based on supoort from newly submitted USDA Grant/Loan applications. , ♦ FUTURE CONSERVATION PROGRAMS Unlike most coastal communities in southwest Florida, the City of Okeechobee does not use a significant percentage of its water for irrigation. This is in part due to code enforcement that patrols to enforce watering restrictions and partly due to the lack of landscape irrigation. LaRue Planning & Management Services, Inc. Draft: September 22, 2009 14 Ordinance No.1056 -Page 19 of 29 Figure 2: Okeechobee. Utility Authority (OUA) Service Area boundary, 2009 Ste: C c x*w tftv:AA t WAx' Zoos LaRue Planning & Management Services, Inc. Draft: September 22, 2009 15 Ordinance No.1056 - Page 20 of 29 GOALS, OBJECTIVES AND POLICIES Pursuant to Section 163.3177(6)(c), FS and Section 9J-5.011(2), FAC, the following pages represent the Goals, Objective and Policies relating to potable water for the City of Okeechobee. In addition to statutory requirements, the Goals, Objectives, and Policies were developed in keeping with the character, conditions, and desires of the community. These Goals, Objectives, and Policies are intended to address the establishment of long-term objectives towards which potable water consumption and conservation programs and activities are directed. ♦ Implementation Unless otherwise stated, the implementation of objectives and associated policies contained in this Section shall be,through the development, adoption, and application of regulations set forth in the City's Code of Ordinances. LaRue Planning & Management Services, Inc. Draft: September 22, 2009 Ordinance No.1056 -Page 21 of 29 INFRASTRUCTURE ELEMENT EXISTING AND PROPOSED GOALS, OBJECTIVES AND POLICIES; AND NEW POLICIES AND PROPOSED AMENDMENTS FOR THE POTABLE WATER SUB -ELEMENT Goal: The City of Okeechobee shall continue to conserve and protect its water sources and provide, or FeqUiFe etheFS tO coordinate with other entities that provide, needed public facilities in a manner which protects investments in existing facilities and promotes orderly growth. Objective 1: The City of Okeechobee shall, through revision of land development regulations, continue to implement procedures to ensure that needed facilities are available or will be available, concurrent with development. Policy 1.1: The City of Okeechobee shall adopt the following minimum level of service standards to be used to determine the availability of facility capacity and the demand generated by development: acility 11-evel of Service erage Sewer Demand of User Population r anitary Sewer 130 gallons per capita per day (see-Pe1isY4 verage Daily Water Demand 1A otable Water 114 gallons per capita per day (see -Pelisy-4 Average Solid Waste Generation 13 lbs. per capita per day at least 3 years available capacity in olid Waste Disposal Okeechobee County landfill (see Policy 1.4) Interim Standard (see Policy 1.5) Design Storm 25-year frequency 24-hour duration Facility design standards rainage/Stormwater as required by Florida Administrative Code lanagement (see Policy 1.5) Policy 1.2: The City of Okeechobee shall continue to ensure that all improvements for replacement, expansion, or increase in capacity of facilities shall be compatible with the adopted level of service standards for that facility. Policy 1.3: The City Administrator or his designee shall continue to annually report to the City Council the best available information on demand and unused capacity for each facility, providing the most recent available population estimates for the City and unincorporated areas served by City facilities. LaRue Planning & Management Services, Inc. 17 Draft: September 22, 2009 Ordinance No.1056 - Page 22 of 29 Policy 1.4: As a component of its adopted level of service for solid waste generation, the City shall continue to require that no less than three years' capacity remain available in the Okeechobee County landfill to accommodate existing and approved development. The most recent available public facilities report of the City Administrator, as referenced in Policy 1.3, shall be consulted to determine whether this capacity exists. Policy 1.5: The following drainage level of service standards are established on an interim basis pending completion of a drainage study to produce relevant data and analysis to support permanent standards. Stormwater treatment and disposal facilities shall be designed for a 25-year storm event of 24-hour duration. Such facilities shall meet the design and performance standards established in Section 17-25.025, F.A.C. The first inch of stormwater runoff shall be treated on -site, pursuant to Section 17-3.051, F.A.C. Stormwater discharge facilities shall be designed such that the receiving water body shall not be degraded below minimum conditions necessary to assure the suitability of water for the designated use of its classification as established in Chapter 17-3, F.A.C. These standards shall apply to all development and redevelopment. Policy 1.6: - zha!! ~9 planicied f4% o o 0 0 o 0 The City of Okeechobee shall issue no development orders or development permits without first consulting with the Okeechobee Utility Authority (OUA), the City's potable water service provider, to determine whether adequate water supplies to serve the development will be available no later than the anticipated, date of issuance by the City of a certificate of occupancy or its functional eauivalent. The City will also ensure that adequate water suoplies and facilities are available and in place prior to issuing a certificate of occupancy or its, functional eauivalent. LaRue Planning & Management Services, Inc. Draft: October 26, 2009 18 Ordinance No.1056 - Page 23 of 29 Policv 1.7: Utility connections mandatory for new development: All new development and redevelopment within the Citv of Okeechobee shall be required to connect to the public potable water and sanitary sewer systems in the following manner: (1) Where water and/or sanitary sewer service lines are in place immediatelv adioinina the property and service is available. the property shall be required to connect to the system(s) and no development permit shall be approved until such time as financial arranaements with OUA for the Davment of connection fees and capital outlav fees associated with reauired connection to the system(s) have been completed. Policv 1.8 Utility connections mandatory for existinq development upon a change in ownership: (1) Where Dotable water and sanitary sewer service lines are in place and service is available immediately adioinina the DroDerty. anv use not connected to the Dotable water and/or sanitary sewer system shall be reauired. at the time of a chanae in ownership. to connect to the s stems . (2) No development Dermit shall be issued. or other reauired aDDroval aranted. until such time as financial arrangements with OUA for the Davment of connection fees and capital outlay fees associated with reauired connection to the system(s) have been completed. Objective 2: The City of Okeechobee shall continue to maintain a five-year schedule of capital improvement needs for public facilities, to be updated annually, in conformance with the comprehensive plan review process for the Capital Improvements Element. Policy 2.1: The City Administrator shall continue to evaluate and rank capital improvements projects, proposed for inclusion in the five-year capital improvements program, for which the Citv has financial responsibility, LaRue Planning & Management Services, Inc. Draft: October 26, 2009 19 Ordinance No.1056 -Page 24 of 29 0 10 Policy 2.2: Capital improvement projects for which the City has financial responsibility shall be ranked according to the following priority level guidelines: Priority One: The project is needed to protect the public health and safety, or to fulfill the City's legal obligation to provide facilities and services. Priority Two: The project increases efficiency of existing facilities, reduces improvement costs, provides service to developed areas lacking full service, or promotes infill development. Priority Three: The project represents a logical extension of facilities or services within a designated service Area. Policy 2.3: The City shall revise its Capital Improvements Plan to show itemized capital improvements. Policy 2.4: The City of Okeechobee recognizes that the Okeechobee Utility Authority (OUA) provides potable water to the City, its businesses and residents. Although no capital improvement oroiects are necessary within the Citv for which the City of Okeechobee has financial resoonsibilitv in connection with supply of ootable water to the City. its businesses and residents. the Citv of Okeechobee will, support and coordinate with the Okeechobee Utility Authority (OUA), as necessary. to assist in the implementation of Okeechobee Utility Authority (OUA) Capital Improvements proiects for the years 2009-2018. Objective 3: The City of Okeechobee shall continue to ensure that existing facilities will be utilized in an efficient manner and that infrastructure improvements will not encourage urban sprawl. Policy 3.1: Land development regulations shall be utilized to require the use of appropriate public facilities in new developments. These requirements shall specify which facility or facilities shall be used in each of the various land use categories established in the Future Land Use Element. Facility usage shall also be consistent with the wellfield protection ordinance. Policy 3.2: Reserved. Objective 4: The City of Okeechobee shall continue coordination with Okeechobee County and the Okeechobee Utility Authority (OUA) in the extension of water and sewer service into unincorporated areas. - - - - -- -- PeliGy 4 2: The LaRue Planning & Management Services, Inc. Draft: October 26, 2009 20 Ordinance No.1056 - Page 25 of 29 Policy 44 4_1: The City shall continue to coordinate with the County and OUAin "targeting loca- tions for future potable water and sanitary sewer connections. Policv 44 4.2: The Citv will monitor and participate in Okeechobee Utility Authoritv's (OUA) water suDDly Dlanninq process, inciudina updates .to water suDoly facility work plans and consumptive use permits. reaardinq the Citv's population and demand Droiections to ensure that Okeechobee Utility Authoritv (OUA) accounts for and meets the Citv's current and future waters needs. Objective 8: The City of Okeechobee shall strive sentinue to maintain its water consumption at a rate not to exceed e# 1.82 million gallons per day (MGD). Policy 8.1: The City shall continueto encourage conservation' through special rate structures to reward customers who minimize their water consumption. Policy 8.2: . The City shall adopt an I Ordinance which requires the use of water-efficient-landscaDina in all new development and redevelopment, and require functioning rain -sensor devices on automatic irrioation systems= �e t Policy 8.3: The Citv will Dromote water conservation through the enforcement of the adopted 'Florida 'Building Code which requires such' items' as low -volume commodes, water flow restrictions' for showers and spiaots and similar devices in all new construction and renovations, and will comply with the aDDroDriate water manaqement district water use restrictions. Policv 8.4: The Citv will. -continue to cooperate with the South Florida Water Management District (SFWMD) in its efforts to restrict the unnecessary consumption of notable water, particulariv as it relates to irrigation, lawn watering. and car washinq during Deriods of drouaht, suppiv reduction, and other emergencies. Policv 8.5: The City .shall inform residents and businesses of, and shall encourage their participation in, conservation programs: of the SFWMD. Okeechobee County or OUA. These information and educational efforts shall include the followina woes of efforts: a. brochures and signage to be made available at Citv. Hall, LaRue Planning & Management Services, Inc. 21 Draft: October.26, 2009 Ordinance No.1056 - Page 26 of 29 b. pursuinq fundina throuah SFWMD Community Education Grant and c000era-, tive funding programs for educational efforts such as demonstration qardens and, prototvpe landscaoina on public properties; and, c. Invitinq speakers for forums or workshops at Citv Hall. Policv 8.6: The Citv shall coordinate local water conservation education efforts with the, SFWMD, the Okeechobee Utiiitv Authority (OUA), and the Okeechobee Countv School Board. Policv 8.7, The Citv will promote and encourage the use of low impact development tech-, niaues (such as the Florida Water Stars" orogram, which is a Doint based, new, home certification Droaram for water -efficient developments. similar to the federal Enerav Star Droaram) Policv 8.8: The Citv will assist in enforcement of eel the SFWMD's lawn and landscape, irrigation rule. which limits irrigation to two days Der week between the hours of 4 a.m. and 10 a.m., with some exceptions, as may be revised. Policv 8.9: The Citv shall develoo a water audit Droqram for all City facilities. including irriga- tion by the end of-Rfrtf3-. The City shall also consider develooinq a water audit program, including irriqation systems, for the public., (J(� ,_ S. 10- By year-end 2010, the.,,�, ...�, :,...:,�; i6,;o ,,, anlcs o an cosw 6*-,44'�e v'kh irm5tementinb a leak detectiorfan46epair progknyfor all City tachties. The Citv')9fiall also infoWand encourac)els businessesAd residents 44doot such a Dfroa''am for their Aa individual orkerties., CONSERVATION ELEMENT: PROPOSED NEW POLICIES AND AMENDMENTS Policv 2.5: The City will ensure that any new regulation to protect water resources is consistent with SFWMD's environmental resource permittina and consumptive use permittinq rules. Policv 2.6: The City will promote and encourage the use of low impact development techniaues (such as the Florida Water Star grogram, which is a point based, new home certification program for water -efficient developments, similar to the federal Enerqv Star Droqram). LaRue Planning & Management Services, Inc. Draft: October 26, 2009 22 Ordinance No.1056 -Page 27 of 29 INTERGOVERNMENTAL COORDINATION ELEMENT: PROPOSED NEW POLICIES AND AMENDMENTS Palicv 3.3: The Citv of Okeechobee in coniunction with the Okeechobee Utilitv Authoritv (OUA) will participate in the development of updates to SFWMD's Water Supply assessment and district Water Supply Plan and in other water supply development related initiatives facilitated by the SFWMD that affects the Citv. Palicv 3.4: The Citv of Okeechobee will maintain a water supply facilities work plan that is coordinated with SFWMD's District Water Supply Plan and the Okeechobee Utilitv Authoritv (OUA) by uodatinq. its own work plan within 18 months of an update to SFWMD's District Water Supply Plan that affect the Citv. Palicv 3.5: The Citv will monitor and participate in Okeechobee Utility Authoritv's (OUA) water supply planning process, includin±a updates to water supply facility work Plans and consumptive use permits, regardina the Citv's population and demand oroiections to ensure that Okeechobee Utilitv Authoritv (OUA) accounts for and meets the Citv's current and future water needs. Policy 4.3: By 2002, tBY-24102 -tThe City shall continue to coordinate its Comprehensive Plan with the Resource Management Plan to address drainage problems in the Lower Kissimmee River and Taylor Creek Drainage Basin regions. Policy 6.7: By 2002, Wy 2092. •The By 2^^�tCity shall continue to review interlocal agreements with the Okeechobee Utility Authority (OUA) for central potable water and sanitary sewer facilities and services in terms of extending that agreement for aRgthW anath6F 10-year periods. as needed. Policv 6.10: The Citv shall issue no development orders or development permits without havina first received certification by the Okeechobee Utilitv Authoritv (OUA). the Citv's potable water service provider, that adeauate water supplies will be available to serve the development no later than the anticipated date of issuance by the Citv of a certificate of occupancv or its functional equivalent. The Citv will also ensure that adequate water supplies and facilities are available and in place Prior to issuing a certificate of occupancy or its functional equivalent. LaRue Planning & Management Services, Inc. Draft: October 26, 2009 23 Ordinance No.1056 - Page 28 of 29 • • CAPITAL IMPROVEMENTS ELEMENT: PROPOSED NEW POLICIES AND AMENDMENTS Policv 2.3: The Citv of Okeechobee will maintain a water supoly facilities work plan that is coordinated with SFWMD's District Water Supply Plan and the Okeechobee Utilitv Authoritv (OUA) by updating its own work plan within 18 months of an update to SFWMD's District Water Suonly Plan that affects the Citv. Policv 2.4: The Citv of Okeechobee recognizes that it relies upon the Okeechobee Utilitv. Authoritv (OUA) facilities for the provision of potable water for its residents, businesses and visitors, and as such the Citv is part of the areater SFWMD, and that the continued supply of potable water will be dependent upon all local governments strivinq to maintain demand for potable water at sustainable levels., As such, the Citv will: Continue to maintain relationships with the SFWMD and the Okeechobee Utilitv Authoritv (OUA) to maintain or reduce potable water consumption through education, conservation, and participation in onaoina programs of the reaion. county and city including coordinating local conservation education efforts with the SFWMD and the Okeechobee Utilitv Authority (OUA) programs. Require aandscapina in all new development or redevelopment on public water systems to use water -efficient landscaoinq and require functioning rain -sensor devices on all new automatic irrigation systems. The Citv of Okeechobee shall inform residents and businesses of, and, shall encourage their participation in, the Okeechobee Utilitv Authority (OUA) water conservation programs if thev become available. Policv 2.5: The Citv of Okeechobee recognizes that the Okeechobee Utilitv Authoritv (OUA) provides potable water to the Citv, its businesses and residents. Althouqh no capital improvement proiects are necessary within the Citv for which the Citv of Okeechobee has financial responsibility in connection with supply of potable water to the Citv, its businesses and residents, the City of Okeechobee will support and coordinate with the Okeechobee Utilibi Authoritv (OUA), as necessary, to assist in the implementation of Okeechobee Utilitv Authoritv (OUA) Capital Improvements proiects for the vears 2009-2018., LaRue Planning & Management Services, Inc. Draft: October 26, 2009 24 Ordinance No.1056 -Page 29 of 29 ® � -,. V ,i Illi ill lil�� ii I � ,,..I �ilii II III II , .II Ili i�„ ii,iVI III Ili..I Lil,nkln �ii�Yiilll,f lililll, I. II I OKEECaODEENEWS IN S.W. 1781 Sjma, Suitt O, Oke huh ,FI. 34974 (8631763-3134 NOTICE OF' PUBLIC 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 co of advertisement being a in the matter of��'�� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of -1__��Ij -o . 7 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 pub cation in the said newspaper. Judy Kasten �iork to and subscribed before me this day of AaO AD Notary Public, State of Florida at Large NOTARy.PUBUCSTATE OF FLORIDA Angie Bridges . t:.MMISEl0a $ DD779718 {a "' Expires: APR. 20, 2012 BONDxD mtRO AnA6'rnCb6ADL14a CO., — HEARING AMENDING, THE ZOMPREHE.NSIVE. PLAN THE'. CITY OF OKEECHOBEE• PLEASE TAKE NOTICE that1he City Council of the City -of Okeechobee, Florida will on Tuesday,.November3, 2009 at.6:00 p.m. or as.600n'thereafter possible, at City Hall, 56,SE 3rd Ave.,, Okeechobee, FL -conduct a PUBLIC HEARING to consider amending the adopted Comprehensive Plan. The purpose of this PUBLIC HEARING is to consider and receive input conceming•Textual Amendments which must be addressed in order to coordinate the Comprehensive Plan, with the-.$outh Florida Water Management District's Kissimmee Basin. Water 'Supply Plan Update is -.required :by. F.S. 163.3177(6)(c): Potable Water Sub -Element of the Sanitary Sewer, Solid Waste,, Drainage; Potable Water and Natural Groundwater Aquifer Recharge • Conservation Element • Intergovernmental:Coordination Element Capital Improvements Element The Clty will forward recommended changes, in transmittal form,16 the Department of Community Affairs. All members of.the public are encouraged to attend and particle pate in said hearing. The proposed amendments may. be Inspected in its entirety by members of the public in the Office of the City Clerk during regular business hours, Mon -Fri, Sam- 4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE-1ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meet- ing: Accordingly; any person who may. seek to appeal any decision InvoI the matters noticed herein,willbe responsible for making a verbatim record of tha testimony: and. evidence atrsaid meeting upon which any appeal is to.be based. Please contact;City Administration at 863-763-3372, or:website www.cityofokeechobee.com; to'obtain.a copy -of the agenda.In accordance with the:' -Americans with Disabilities Act (ADA) of.1990 persons needing special accommoda- ton 'to -participate in this proceeding should contact the City Clerk's Office at 863-763-3372 for assistance. BY: James E. Kirk, MAYOR.* Lane.Gamiotea,: CMC,_ CITY CLERK 0 10/22/2009 14:16 FAX 7722830041 LkHIBIT 6 • • J%v 3, 2009 OAjt1bCHOBBE (03) 763-N72 FAX (05) A-xW Aa DA ITEM RT:QUTST 1ORM PrxAm SM r cCwznZM FORM ra CrrY ADmngm r&,ToR!s Oman 55 S$ r AVMRM Ox»c-cxvsmm� PLo=A 3W4 � ,. o c'N / MBBTZriQ WGLit.AA &lBCLAx. � � � .ari; c „ : Q DATE: i PL' M STA10 THE rrEm 7m w1m TO HAVE P =W oN cnT WON= AQ� S'i do u..4�K5 AT Rio -44 PLEASE BTLTB WHAT DmPlJ� YOU HAVE WOWD WIrkk PLUM STAB DAD ACnM BY T» CITY Aourfm PLMO SUMMAUM MTMENT U *PJW1&TMK OONC,EB jUM T= JLIQUWf AND ATTACK APPUcA=n QvMo s.awao��s o.v s��,�.�.�..�a�•�� Ac! -moo — oc��T Gt�ctid�..d �� A d.�!a:,n.�. ,.�.c.d '• zi�.•o.tKcs� y 1P A z - oA , -s -&ATWM IS TO $B MAC iL8AS8 LtNLrr Tim TM TD TZN jAnq =86 UNL10 v.Lrw:^ 0++�r+ APMOVW BY TM MA'TM SIGNED BY: / DAM inn s 000i col canfYHal aag04D88XO }0 W3 E£:Sl 0006002-61-130 �X. Nov ��._ .- 4 Alk Planning • DIIBIT 7 AbV 3, 2009 & .Management Services, Inc. Memorandum To: Mayor and City Council From: Bill Brisson Date: October 26, 2009 Subject: Proposed regulations for temporary signs and banners From what we have seen and heard, the use of banners (and other temporary advertising devices) has proliferated, and the current regulations remain unclear as to how many, how large, and for how long such devices may be displayed. Specifically, the term "temporary" is not defined; there is no limit on the number of banners allowed; and "special business sales event" is not defined. Consequently we find situations such as multiple banners and other apparently tempor- ary signs on the same site which, for all practical purposes, are simply taking the place of standard signs. Other instances of banners are rife along SR 70 and US 441. During our review of the sign regulations, we also found two other areas that need to be changed. We presented our recommended changes to the Planning Board at its meeting on October 15''. After considerable discussion, the Planning Board approved recommending the proposals with certain modifications. These changes as now proposed by the Planning Board are contained in Section 90-570, (b) and Sections 90-572 and 90-573, as contained in draft Ord. XXX as follows. As usual, language to be deleted is in seou>t format and new language is underlined. Also, after further consideration, we are recommending some additional changes. These changes are highlighted, and are briefly explained as follows: I. In §90-573, (1), we are suggesting limiting the total number of inflatable wind signs, search lights or spot lights to just one. We believe this was implied in the proposed regulations but the limitation was not clearly stated. 2. In §90-573, (2), we are suggesting limiting the total number of other temporary advertising signs and devices to just two. This was not included in the original proposed language, but is the same limitation as was included in the City's sign regulations prior to Ord. 994. 3. We are also suggesting adding §90-573, (2), (b) that limits the height to eight feet and the total sign face area to 50 square feet. This is the same limitation that was in force prior to Ord. 994. We also included a statement in subsection (c), clarifying that banners allowed under §90-573, (2), (c) would count toward the limit of two temporary advertising devices. We look forward to discussing this with you at your meeting on November P. In the meantime, should you have any questions, please call or e-mail us. Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street. Suite 206 Fort Myers, FL 33901 239-334-3366 infoglarueplanning.com ORDINANCE NO. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, ORDINANCE NO. 716, DIVISION 5 THEREOF, INCLUDING SECTIONS 90- 570, 90-572 AND 90-573 PERTAINING TO LIMITATIONS ON THE LOCATION, TYPE, NUMBER, AREA, AND HEIGHT OF SIGNS, AND THE REGULATION OF TEMPORARY SIGNS INCLUDING BANNERS, PORTABLE SIGNS, WIND SIGNS, SEARCH LIGHTS AND SPOT LIGHTS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has a legitimate public interest in the regulation of signs within the City, to provide to the public a uniform sign regula- tion that preserves the aesthetics within the City and protects the health, welfare and safety of its citizens; and adequately displays commercial message; and WHEREAS, the existing sign regulations lack clarity with regard to the total area of signage allowed for an enterprise and other limitations on ground signs; and WHEREAS the existing sign regulations lack clarity with regard to the permissibility of temporary signs and limitations as to the number, location, frequency and duration of display allowable for certain temporary signs; NOW, THEREFORE, be it ordained by the City Council of 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 1. That the City Council for the City of Okeechobee, Florida amends herein Article IV, Supplementary District Regulations, Division 5, as follows: DIVISION 5. SIGNS. Sec. 90-570. Permitted temporary signs (no permit required) (a) ... (b) Signs, portable signs, banners, and non -inflatable wind signs intended to indicate a new business or the grand opening of a business , er- that provided that the sign is not placed on the public right-of-way. Such temnorary signage may be disvlaved for uv to 30 consecutive days. r r. V r • 0 Sec. 90-572. Limitations on the tvae, number, and area of signs. Building Sig (1) Total area ofall signs. The total area of all signs for an enterprise (excluding allowable'`:'} temvorary signs) shall not exceed one square foot for each linear foot of Drovertv on a ,a frontage street. alus one square foot for each two linear feet of vroverty on side streets. (2) Ground suns and pole signs. One ground sign or Dole is vermitted in the front vard. and shall not exceed 50 square feet in sign area and 20 feet in height, and shall not be closer than 25 feet to a residential district. (3) Building signs for buildings with a single business or occupant; (a) One square foot of sign face area for each linear foot of the building width that faces the front of the lot, provided that no single building sign on any one side of a building shall exceed 60 square feet of sign face area (for example, if the width of the building facing the front of the lot is 50 feet wide, the maximum total sign face area for all building signs is 50 square feet. (b) Where building signs are placed upon more than one side of the building, the combined sign face area, shall not exceed the amount permitted by Section (a) above. (4) Building signs for buildings with multiple businesses or occupants. (a) One square foot of sign face area for each linear foot of the unit occupied by one business or occupant, provided that no such building sign shall exceed 48 square feet of sign face area for any one business (for example, if the width of a unit or several units occupied by one business is 24 feet, then one sign, a maximum of 24 square feet of sign face is permitted). (b) Building signs for different occupants shall be separated by a minimum distance of 36 inches- (5) Bracket signs or marauee suns. In lieu of the above described fascia signs, a busyness may install a single bracket sign or a single marquee sign in accordance with the following: (a) The maximum size of a bracket sign or a marquee sign shall be determined in the same manner as a fascia sign, provided that no such sign shall have more than 60 square feet of projected sign face area. (b) There shall not be more than 12 inches of clear space adjacent to the building wall, and such signs shall not extend or project from the face of the building more than ten feet. (c) No portion of such sign shall extend above the height of the roof. 2 y'r (d) No portion of such sign shall be closer than three feet of any sidewalk, bike path, or pedestrian walkway and no closer than five feet from any street side property line. All such signs shall be securely anchored to a wall and shall in no manner be connected to or suspended from the roof of any building. Section 90-573. Signs requiring temporary use permits. lights, and spot lights; (1) Inflatable wind signs. search lights. and spot lights. Not more than one kdatable wind s€a., sew fist. ous IiWrt .be nttm #ed on a sitide lot or bawl. Inflatable wind signs, searchlights, and spot lights shall be permitted only within the Commercial and Industrial Zoning Districts and only under the following conditions: (a) Issuance of a sign permit shall be required; (b) No such inflatable wind sign, search light, or spot light shall be displayed on the same property more than two times per year and no period of display shall exceed 14 total days; and, (c) No such inflatable wind sign, search light, or spot light shall be placed on the public right-of-way. (2) Other temporary signs such as portable signs, banners. and non -inflatable wind signs �� w ear�i �: a • e � �s �-s �� t � � e is � e_� �« � �' � � to o �e e �a >.a,• � v, � ., e P a m re 9 a;t; w,� .� yaw k .,a ; � :� sa- ® a > e (a) Any one business or entity shall disnlav such temporary advertising devices under one. but only one. of the following alternatives. Once one of the alternative methods of disnlav has been used, no disolav under another of the alternatives shall be uermitted until 12 months have passed since issuance of the first permit. Any one business or entity may disnlav such advertising devices for a period of un to 14 consecutive days provided at least 30 days has passed since the end of the veriod covered by any vreviously issued temporary use vermit for such advertising devices: or. 2. Any one business or entity may disnlav such advertising devices for a period of more than 14 but not more than 30 consecutive days not more than three times in any 12-month period provided at least 30 days has passed since the end of the period covered .by any vreviously issued temvorary use permit for such advertising devices; or. !1. • 0 3. Any one business or entity may display such advertising devices for a period of more than 30 but not more than 45 consecutive days not more than twice in any 12-month period provided at least 30 days has passed since the end of the period covered by anv previously issued temporary use permit for such advertising devices. (b) Total : sien face area shaft not exceed 50 square feet and no such temvorary advertdevice shall exceed eight feet in height. (c) Banners. Banners shall t toward the maximum allowable of tear - MY, adv,Ftis n : dew and stars face .area set firth in sul ios (2�and MM r ft its sec iow and. in addition to the restrictions set forth under subsection (a) of this section. banners are allowable only under the following conditions: A maximum of one banner per street front shall be permitted on a single lot or parcel per recorded business tax receipt. 2. The maximum size of any banner shall be sixteen square feet in area and eight feet in height. Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 4. Effective Date. This Ordinance shall take effect immediately upon its passage INTRODUCED for first reading and set for final public hearing on this day of 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this day of , 2009 ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney • _ • DMIBIT 8 AbV 3, 2009 k, ■IMI® mimin MOB._ M� jBil I I MENFlIMME III 17, 4 SE 41h St. t. ■ � �II II� rr weu - Planning CAocj ! f- acq & Management Services, Inc. Letter of Transmittal TO: Lane Gamiotea, City Clerk DATE: November 10, 2009 CC: Brian Whitehall, City Administrator REFERENCE: Okeechobee Water Supply Plan COPIES I DATE I DESCRIPTION Completed transmittal package for proposed 10 Year Water Supply Facilities Work 2 11 / 10 Plan 1 COPY TO: File SIGNED: Gloria Pellito If enclosures are not as noted, kindly notify us at once. Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 infoCi larueplanning.com - -- - I I - 3- Q 9 M (-4i jFuG CT - City of Okeechobee Proposed 10-Year Water Supply Facilities Work Plan 2009-2019 Plan Amendment Package Transmittal Council Hearing: November 3, 2009 LaRue Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 239-334-3366 * Fax: 239-334-6384 jim@larueplanning.com �u n Table of Contents Transmittal letter Citizens Courtesy Information Sheet Affidavit of Publication Agendas Proposed Ordinance to adopt the 10-year Water Supply Facilities Work Plan Proposed 10-Year Water Supply Facilities Work Plan and associated amendments to the Comprehensive Plan LaRue Planning & Management Services, Inc. Draft: November 3, 2009 1 t Its N ii = Planning & Management Services, Inc. November 10, 2009 Mr. D. Ray Eubanks, Planning Administrator Plan Review and Processing Team Department of Community Affairs 255 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ' Reference: Transmittal of Proposed City of Okeechobee 10-Year Water Supply Facilities Work Plan and related Comprehensive Plan Elements revisions Dear Mr. Eubanks: Pursuant to Rule 9J-11.004(2)(c), enclosed are three (3) copies (one printed copy and two compact discs) of a ' proposed Comprehensive Plan Amendment for the City of Okeechobee. The package consists of the new proposed 10-Year Water Supply Facilities Work Plan and associated changes to the Potable Water Sub -Element of the Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Aquifer Recharge (Infrastructure) Element; the Conservation Element; the Intergovernmental Coordination Element and the Capital Improvements Element of the Comprehensive Plan for the City of Okeechobee. In furtherance of Rule 9J-11.004, the following information concerning the proposed amendment package is offered: The City's Planning Board acting as the Local Planning Agency held its duly advertised public hearing on the proposed Comprehensive Plan Amendments on October 15, 2009 and forwarded its recommendation to ' the City Council for transmittal of the Amendments to DCA for its review. The City Council of Okeechobee held a duly advertised transmittal public hearing on November 3, 2009 at which time the Council authorized transmittal of the proposed Comprehensive Plan Amendment package, as set forth herein, along with other such required documentation to the Florida Department of Community Affairs. [Rules 9J-11.006(1)(a)l and 9J-11.006(1)(a)2, FAC] One copy each of the proposed Comprehensive Plan Amendment package and this transmittal letter has been submitted to the following agencies on the above -mentioned date. [Rules 9J-11.006(1)(a)land 9J-11.006(1)(a)2, FAC]: • Central Florida Regional Planning Council ' South Florida Water Management District • Department of Education • Florida Department of State ' Department of Transportation, District 1 • Department of Environmental Protection • Okeechobee County Planning Department ' City of Okeechobee Utility Authority • Office of Tourism, Trade, and Economic Development The City desires that the Department of Community Affairs review the proposed Amendment as provided in Section 163.3184(3)(a), F.S., and Rule 9J-11.006(1)(a)3, FAC. [Rule 9J-11.006(1)(a)3,FAC] ' Providing Planning and Management Solutions for Local Governments Since 1988 ' 1171 Jackson Street, Suite 206 Fort Myers, FL 11901 219-114-1166 info@larueplanning.com The proposed Amendment is exempt from the limit of two amendments per year, since the proposed Amendment establishes the 10-Year Water Supply Facilities Work Plan pursuant to Section 163.3177(6)(c)),F.S. It is anticipated that the proposed Amendment will be adopted in January 2010. [Rule 9J-11.006(1)(a)4, FAC] The contact person for this Plan Amendment for the City of Okeechobee is [Rule 9J-11.006(1)(a)10, FAC]: James G. LaRue, AICP, Planning Consultant LaRue Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 * FAX: 239-334-6384 E-Mail: jim@larueplanning.com The proposed Plan Amendment package is not applicable to an area of critical state concern. [Rule 9J- 11.006(1)(a)5, FAC] The Plan does not apply to the Wekiva River Protection Area. [Rule 9J-11.006(1 xa)6, FAC] The proposed Plan Amendment package will not to be adopted under a joint planning agreement. [Rule 9J- 11.006(1xa)9, FAC] The Plan Amendment package and the Department's Objections, Recommendations and Comments will be made available for public inspection during normal business hours at the following location: City of Okeechobee, City Hall Office of the City Clerk 55 SE 3'd Avenue Okeechobee, FL 34974 Should you have any questions or require additional information, please do not hesitate to contact me at 239- 334-3366. Sincerely, James G. LaRue, AICP President JGL:vr Enclosures c: Brian Whitehall, City Administrator Lane Gamiotea, City Clerk William Royce, Okeechobee County Planning Director John Hayford, Director, City of Okeechobee Utilities Patricia Steed, Director, Central Florida Regional Planning Council Jim Jackson, Sr. Supervisor Planner, South Water Management District Bob Crawley, Growth Management Supervisor, FDOT District 1 Tracy D. Suber, Growth Management Liaison FDOE Jim Quinn, Environmental Supervisor, FDEP Susan Harp, Historic Preservation Planner, DOS Sherri Martin, Sr. Analyst, Governor's Office of Tourism, Trade and Economic Development lz d w c v s U � p v o o o TA IP v a U .• Z �U� 1 p o� �a,: 4 y M V r OKE4(7fotEE NEWS 1a75.W.IM Sei..t, Sulk 0,04eeAa1rr, fl,lt?n IlcU Mn>, NOTICE :OF•' PUBLiC SPATE OFFLORMA HEARING AMENDING. COUNTY OF OKEECHOBEE THE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is .-COMPREHENSIVE- PLAN. Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, In I. . --FOR.-THE, Okeechobee County, Florida, that the attache co of --" advertisernentbeinga CITY OF' OKEECHO'BEE in the matter of PLEASE TAKE NOTICE thaK:ttte City Council of the City" of Okeechobee; Florida will on Tuesday,. November3, 2009 at.6:00 in the 19th Judicial District of the Circuit Court of p.m. or assoon thereafter possible, at City Hall; 56 SE 3rd Ave.,. Okeechobee County, Florida, was published in said Okeechobee, FL .conduct a PUBLIC HEARING to consider newspaper in the issues of amending :the adopted Comprehensive Plan. Affiant further says that the said Okeechobee News The -purpose- of this PUBLIC- HEARING is to consider and is a newspaper published at Okeechobee, in said receive Input concerning .Textual Amendments which must be Okeechobee County, Florida, and that said newspaper addrassed In order to coordinate the Comprehensive Plan with has heretofore been published continuously in said the: -."Routh Florida Water Management District's Kissimmee Okeechobee County, Florida each week and has been entered as second class mad matter at the post office in Basin UVater Supply Plan: Update as required by , F.S. Okeechobee, in said Okeechobee County, Florida, for a 163.3177(6)(6)-. _. period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- • Potable Water Sub -Element of the Sanitary Sewer, then says that she has neither paid nor promised any Solid Waste," Drainage; Potable Water and person, firm or corporation any discount, rebate, corn- Natural, Groundwater AquiferRecharge mission or refund for the purpose of securing this ----=-(Infreetwtcture)=Element. advertisement forpub�katl an in the said newspaper. Conservation -Element • Intergovemmental :Coordination Element „ y �„ • Capital Improvements Element vom to and subscribed before me this ±LqZ—VA0 d—q AD The ti*. wpt forward recommended. changes, in transmittal day of form, -to the Department of Community Affairs. Notary public, State of Florida at Large All rrrenibers Of -the public are encouraged to attend and partici- pate In said hearing. The proposed amendments may. be Inspected In Its entirety by members of the public in the Office of t the .City; Clerk during regular business hours, Mon -Fri, 8am- r" 4:30prn, except for holidays. Lj Iro1ARYAJsucSll 11 F 17 Angie Bridges PLEASE TAKE NOTICE BE"ADVISED that no stenographic nogrephic 71A Cammiaios a DD77971s recoid;by s calcified court reporter will be made of the foregoing meet- ® Red ua�2012 t Irtg: Atxxndingly, any. person who may. seek to appeal any decision invol' ng tft . matters noticed herein-wlll.,be responsible for making a rbeiti vem regord of the. testimony: and evidence at 61d meeting upon whk :a. y' appeal is 10 6 based. Please contact,City Administration at 863-46"372, or=website www.c tyofokeechobee.com; to obtains copy"`of the agenda: -.In accordance with the'Amerlcans with . Disabgkles Act (ADA), of.19M persons needing special accommoda- lion tc:participate in this proceeding.. should contact the City Clerk's Office, at 863-7.63-3372 for assistance. BY, James E. Kirk, MAYOR.* Lane .Gamiotea,, CMC, CITY CLERK i NDEPENDENT-®NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 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 at.s.� in the matter of I in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of -- q 16 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 afiant 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 �5worn to and subscribed before me this (,li day of L�- U C AD Notary Public, State of Florida at Large NOTARY PZ1)6ChiATE rJiLOFM .......... •. OF FAngie Bridges Commission O DD77971 1•.. ' Expires: APR. 20, 2012 ?ON!)U THRU AnAMr1C BONDINO CQ, L\l:. M S 11919Y=M.V f" iliwft ford WE Mat s � Wow wnrn t C N* a mtpyt e63763A a -, b abdp a Dlsahi8e IfK ( d 1990 �M t« =a8we at MA fm a E yp, m Q? N t` m N N m :7 U) ~ f0 N Cc m •C lJ N m C m m C C '� •O ` +' 0; y � fd N$ $ U m> U La j i b cx y 3 w _b nSa�v$E._ �m.S ,N O co fff ` 0. = m /C S N O $ v� t N O N •C6 .y+ Q C, y C m C O N E e m c 3 O N j4yj m s c co cc co o Co 78 rn T C a, v C m m 3 '6 co dF cLgps'�iv, p E ,�%," $cca > N c S N U E o .� �1r U U o 14.1 .m C N C C :E' .+� H "�, y m m w+ 3 0 N C ca 06 dC E w >` •s CO 0 T C _Y o m N y E o d$ c'£m co a U w � m d N to io m -0 v $ COc '9c� _m 3 E S - Q m cc m cc co 2 co zo m > aEi OT o�rm �'U£� $ m °Ji Ef- m CO N m 5� o ai £ ui Eo o $ E m r0.. S V p y ��"�O ��C.��/m"1`t� T(jl Qa p)+� co cc to m N O4 m C0 .0+ A E X O EE $ 3 c m n g Lp� CO SO iCLLiL.. NiXg3l N.4. N"O y o c 3 m m y w L c E T dN O za IS .n c $ C 0 U � 'C 7 •V N: 'C t m cc p Q N C N C{ CO C L '7 C 0 p m C t0 .�:' a R d y MO Z �` Uo > as coo c c cc c � -S —0 cc c2 Q Cco Q �-',� E m c m m:3£+U mQc c`-°„ c ani $ u o 3 0 �i E U o_ r' pCm J Lm �5C ,cyG pc 3 c m �C �Q 0 U Z AG O� �� 0 v m w o Cc 0) a) z F3na��cc r-,m o w ooaaEi �m c 0 LU � co c .92 F ra o G O W Q� E m C U- cca m = = g o ,, c o ao ti o L, U o 0U� co m m c c W a c F= - m N wa p m z 4 c3 Co E' ion O ca O Ly m m O •G E N C= O a. C N m C YYYJJJ 0- M Q m �� a co N Q (i `, Cc"c U C o N� c E m fltg ai '° �m aci E Oc E m E m E N ccv d 0 o c�c�wc9wcg•-- 5 S d n m U) ca CD CD CD _ CO C) d (D g oa m ox Q=r $mom m �CD v zr m' Hr,ot m m a ca 5 vi cr 2 n?,aR M�?7s`� c� S. a %�. »' EP _ o `0 Po 3 � G ac O O m o 1y C4�1 a m � o 0 CD o v � c� 0 _ N d CD 0 > >a o CD zi a`= � o w � g 0 a CD m c� 0 m O' o m 5. 0 �.a = N to CD O CD cc 0 CD •c CO)a 619 ElErr CD fn b d CD 4 O -, CD (D -a 7 0 O CD p• cD a = O a s c� 5 1 C lfl N Q W t(G to 0 f� O ff-.. S fAn r C III Y I•nL D =. fG W O on � o%'i ca . �G L. fA D � A C d 0 Cu N�OD w�a fT N CD CL any z � 0 m CID ID a� 7- rn , � la'00 (p y CD mZ p_ � '0 fD C C C C yco 8 O N p OD 311 v OS m m s m S. CD s �yy Er CD O A -n a)V N C to C 'Tim O A C 7 CD C S =.Cp c •c to m CD4 Z ID CD O IItI11 ID C1 d (D _ C a. CD O D 06 0 ZE (D , (a0 rr SL 0 _ CD CD s J. IORDINANCE NO. 1056 AN ORDINANCE OF THE CITY OF OKEECHOBEE, OKEECHOBEE COUNTY, FLORIDA, AMENDING THE TEXT OF THE POTABLE WATER ' SUB -ELEMENT OF THE SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER AND NATURAL GROUNDWATER AQUIFER RECHARGE (INFRASTRUCTURE) ELEMENT; THE CONSERVATION ELEMENT; THE INTERGOVERNMENTAL COORDINATION ELEMENT AND CAPITAL ' IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN IN ORDER TO COORDINATE THE CITY'S COMPREHENSIVE PLAN WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICTS KISSIMMEE BASIN WATER SUPPLY PLAN UPDATE, AND TO INCLUDE A 10-YEAR WATER SUPPLY FACILITIES WORK PLAN INTO THE COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES 163.3177(6)(C); AUTHORIZING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, AND OTHER APPLICABLE AGENCIES FOR REVIEW AND COMMENT ' AS REQUIRED BY FLORIDA STATUTES; PROVIDING FOR A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, the City Council of the City of Okeechobee has adopted a Comprehensive Plan by Ordinance No. 635, as amended, in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, Chapter 163, Florida Statutes, and Rule 9-J-5, Florida Administrative Code ' provide for amendments to be adopted to Comprehensive Plans; and ' WHEREAS, the State Legislature of the State of Florida has mandated that all local governments draft and adopt a 10-year Water Supply Facilities Work Plan based on the Regional Water Management District's Water Supply Facilities Work Plan, into their Comprehensive Plans to strengthen coordination of water supply planning ' and local land use planning; and WHEREAS, the South Florida Water Management District's Kissimmee Basin Water Supply Plan 2005-2006 Update was prepared and approved in accordance with Chapter 163, Florida Statutes; and WHEREAS, the City of Okeechobee recognizes the need for better integration of land use planning, development and water supply; and WHEREAS, the Planning Board acting as the Local Planning Agency held its duly advertised public hearing on October 15, 2009, reviewed the proposed Amendment provided as Attachment A herein, and forwarded its recommendation to the City Council for transmittal to the State Land Planning Agency (DCA); and WHEREAS, City Council has agreed with the recommendations of the City's Planning Board, and at a duly advertised hearing on November 3, 2009, approved the proposed Comprehensive Plan Amendments, provided as Attachment A herein; and 1 WHEREAS, the City has received and responded to the Florida Department of Community Affairs' Objections, Recommendations and Comment (ORC) Report regarding the proposed Amendments; and Ordinance No.1056 -Page 1 of 29 WHEREAS, after notice of a Public Hearing being duly published, the City Council on 20 approved the proposed Comprehensive Plan Amendments provided as Attachment A herein. 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. That the City of Okeechobee, Florida hereby adopts amendments to its current Comprehensive Plan dated March 19, 1991, as amended, which amendments consist of the pages which are identified as Attachment "A", and provided herein; a copy of the Amendments are on file at City Hall in Okeechobee, Florida. Section Two. That the City Clerk is hereby directed to transmit three (3) copies of the amendments of the current Comprehensive Plan to the State Land Planning Agency, along with one (1) copy to the Central Florida Regional Planning Council; Florida Department of Education; Florida Department of Environmental Protection, Office of Intergovernmental Programs; Florida Department of State, Division of Historic Resources; Florida Department of Transportation; Office of Tourism, Trade, and Economic Development; and the South Florida Water Management District, and to any other unit of local government who has filed a written request for a copy, within ten (10) working days after adoption, in accordance with Section 163.3184(7), Florida Statutes. Section Three. That all ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section Four. The effective date for the enactment of this Ordinance No. 1056 shall be the date a Final Order is issued by the Department of Community Affairs finding this Amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes; or the date a Final Order is issued by the Administrative Commission finding this Amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes. INTRODUCED,forfirst reading of the ordinance for transmittal in accordance with Chapter 9J-f1 FAC•and F.S. 163.3184(15), at a public hearing Tird day of November, 2009. q T:. Junes E. Kirk, Mayor Lane, amiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this day of ,20 ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REV ED FO EG SUF IENCY: 0,A, _. y in VCook, Cify)Wo—rney Ordinance No.1056 - Page 2 of 29 Attachment A a- s City of Okeechobee 10-Year Water Supply Facilities Work Plan 2 009-2 019 November 3, 2009 ' LaRue Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 239-334-3366 * Fax: 239-334-6384 jim@larueplanning.com In Conjunction with: Okeechobee Utilities Authority and Okeechobee County Table of Contents INTRODUCTION....................................................................................................................... 1 DATAAND ANALYSIS.............................................................................................................. 2 ♦ INTRODUCTION............................................................................................................. 2 ♦ SERVICE AREA... 3 Table 1 — 2008 OUA Metered Water Connections.......................................................... 3 ♦ POPULATION PROJECTIONS FOR THE CITY OF OKEECHOBEE ............................... 3 Table 2 — City of Okeechobee Approved Developments.................................................. 4 Table 3 — Peak Population Forecast... ............................................................................. 5 ♦ OUA SERVICE AREA POPULATION ANALYSIS............................................................ 5 Table 4 — OUA 2000 Service Area................................................................................... 5 Table 5 — OUA Projected 2025 Service Area................................................................... 6 Table 6 — OUA Developer Agreements............................................................................ 6 ♦ PUBLIC POTABLE WATER FACILITIES INVENTORY ................................................... 7 OperationalResponsibility...................................................................................................... 7 Surface Water Treatment Plant.............................................................................................. 7 GroundWater Treatment Plant............................................................................................... 7 WaterQuality.......................................................................................................................... 8 PublicWells............................................................................................................................ 8 Table 7 — OUA Potable Water Supply Wells.................................................................... 8 WasteWater Treatment Plant................................................................................................ 8 Table 8 — 2001 OUA Wastewater Treatment Facility Flows ............................................. 9 ConsumptiveUse Permit........................................................................................................ 9 Table 9 — SFWMD Consumptive Use Permit................................................................... 9 LaRue Planning & Management Services, Inc. Draft: October 26, 2009 • POTABLE WATER DEMAND, CAPACITY, AND SURPLUS/DEFICIENCIES.................10 County -wide Existing and Projected Potable Water Demand.................................................10 Table 10 — SFWMD Projected Average Daily Flow Through 2025..................................10 Table 11 — OUA Projected Average Daily Flow Through 2025.......................................11 Table 12 — OUA Projected Maximum Daily Flow — Raw Water Through 2025................11 City of Okeechobee: Analysis of Population, Demand and Projected Flows .........................12 Table 13 — City of Okeechobee Population and Potable Water Demand, 2009 - 2019 ...12 Figure 1: South Florida Water Management District Utility Summary ..............................13 • FUTURE WATER SOURCES.........................................................................................14 Table 14: Proposed Water System Improvement Project...............................................14 • FUTURE CONSERVATION PROGRAMS......................................................................14 Figure 2: Okeechobee Utility Authority (OUA) Service Area boundary, 2009..................15 GOALS, OBJECTIVES AND POLICIES....................................................................................16 • Implementation...............................................................................................................16 INFRASTRUCTURE ELEMENT: EXISTING AND PROPOSED GOALS, OBJECTIVES AND POLICIES AND NEW POLICIES AND PROPOSED AMENDMENTS FOR THE POTABLE WATER SUB-ELEMENT...............................................................................17 CONSERVATION ELEMENT: PROPOSED NEW POLICIES AND AMENDMENTS................22 INTERGOVERNMENTAL COORDINATION ELEMENT: PROPOSED NEW POLICIES AND AMENDMENTS..............................................................................................................23 CAPITAL IMPROVEMENTS ELEMENT: PROPOSED NEW POLICIES AND AMENDMENTS.24 LaRue Planning & Management Services, Inc. Draft: October 26, 2009 INTRODUCTION The traditional source of drinking water for Central Florida has been the Floridan aquifer, an artesian aquifer that covers approximately 100,000 square miles and supplies all of the State of Florida with its potable water. As with all sources of fresh water, the Floridan aquifer is not an unlimited resource. Due to the unprecedented growth seen throughout the state, four of the five water management districts have acknowledged there is soon to be a significant shortage between the potable water demand and available supply. As a result, the Florida Legislature enacted bills in 2002, 2004 and 2005 that essentially require conformity between all future land use planning and water supply planning. As a result of this legislation, all local governments subject to a regional water supply plan must revise their comprehensive plans within eighteen months after the approval of the regional water supply plan. This work plan will generally follow the information for local government Comprehensive Plans outlined in the South Florida Water Management District's Kissimmee Basin Water Supply Plan Update. The Kissimmee Basin Water Supply Plan Update 2005-2006 was prepared in conjunction with the State Legislature's expansion on the requirements of the Local Government Comprehensive Plans to include the development of a 10-Year Water Supply Work Plan (Chapter 163, Florida Statutes) for coordination of water suppliers within the service area. The planned development is required by all local governments with responsibility for all or a portion of their water supply facilities, located in an area where a regional water supply plan, in our case the Kissimmee Basin Water Supply Plan, has been developed by the Water Management District. The City of Okeechobee's water utility is the Okeechobee Utility Authority and is located within the Kissimmee Basin Water Supply Planning area and is responsible for insuring adequate water supply development to its retail customers, namely local businesses and residences. Location of Kissimmee Basin of South Florida Water Management District. LaRue Planning & Management Services, Inc. Draft: October 26, 2009 DATA AND ANALYSIS The City offers the following data and analysis in the form of its Ten -Year Water Supply Facilities Work Plan and associated Policies to be adopted as part of its Potable Water Sub - Element of the Infrastructure Element. Since the engineers for Okeechobee County have completed a draft of the County's Water Supply Facilities Work Plan, much of the data pertaining to the service area, demand and capacities have been taken from that document and adapted as necessary to fit the needs of the City's Ten -Year Water Supply Facilities Work Plan. ♦ INTRODUCTION The City of Okeechobee is located in the southern portion of Okeechobee County, approximately 1.5 miles north of the Lake Okeechobee shoreline. It is the county's only incorporated city, serving as a shopping and employment center for an area with a permanent population (according the Bureau of Economic and Business Research, of 5,496 in 2008, and a peak seasonal population of up to 7,694. Although the city's population is less than 10,000, Okeechobee experiences a level of intensity in its urban activities that is normally associated with larger cities. The Okeechobee Utility Authority (OUA), an entity independent of the City, provides potable water to areas both inside and outside the City's corporate limits, as well a distribution system for several outlying developments. The Okeechobee Utility Authority (OUA) Water Treatment Plant was originally constructed in 1926. The plant was later expanded in 1992 and the treatment process included aeration, coagulation, flocculation, sedimentation, pH adjustment, filtration, and Chloramine disinfection. Prior to the expansion, the plant had a permitted capacity of 3.2 MGD. By the year 2000, the plant reached 80% of its permitted capacity and thus needed to be expanded again. This plant expansion and modification expanded the plant capacity to 5.0 MGD. However, due to the age of the plant and the surrounding facilities, the amount of space available for expansion was restricted and the new design utilized a limited footprint. OUA is currently meeting present and future water demands by utilizing both ground water from the Floridan aquifers, or surface water from Lake Okeechobee. When choosing a potable water source, the three most important factors to consider are availability, quality, and cost. Lake Okeechobee provides a reliable and adequate quantity of source water and is a Class I water, meaning it is suitable as a potable water source. The small amount of head loss associated with pumping from the lake makes surface water cheaper to pump than ground water. However, surface water is typically more contaminated than ground water. Major contaminants include microbes such as blue-green algae and bacteria, turbidity, and various minerals. Turbidity, total hardness, odor, and color create the greatest concern in Lake Okeechobee. Harmful algal blooms and the varying water quality also make the lake water difficult to treat. In Okeechobee, ground water is not as readily available as surface water and it can have high concentrations of iron, manganese, and hydrogen sulfide. It is also more expensive to pump due to the high head pressure it must overcome. However, ground water is typically cleaner with a lower bacteria count and has a more uniform quality than surface water. LaRue Planning & Management Services, Inc. 2 Draft: October 26, 2009 ♦ SERVICE AREA The Okeechobee Utility Authority (OUA) is responsible for providing water and sewer to the residents of the City of Okeechobee and surrounding unincorporated areas. OUA also provides potable water to the nearby community of Buckhead Ridge located in Glades County. Figure 2, on page 15 depicts the Okeechobee Utility Authority (OUA) Service Area. While the majority of the City is being provided potable water, there are still small areas which are not being served because there are no lines connecting to these properties. Lines are available to serve about 95% of the City with potable water, although in the year 2000, OUA estimated that it provided potable water to 4,172 persons representing about 78% of the City's resident population. Table 1 — 2008 OUA Metered Water Connections Water I City of Okeechobee I OUA Service Area Residential 12,015 17,995 Non -Residential 1487 1788 Master Meter 1133 1444 Source: LaRue Planning & Management Services, Inc. and the City of Okeechobee, 2/09. ♦ POPULATION PROJECTIONS FOR THE CITY OF OKEECHOBEE The University of Florida's Bureau of Business and Economic Research (BEBR) estimates that the City's resident population as of April 1, 2008 was 5,496. Because Okeechobee is a center for freshwater fishing and other outdoor -related activities, the additional seasonal population and visitors staying overnight in the community has historically be estimated to equal about 40% of the resident population. The peak seasonal population in 2008 was estimated at 7,694. The following Table 2 is a list of residential developments having been approved since early 2007. Development of all but the two Assisted Living Facility projects have been postponed, and in a number of cases the projects have been subject to bankruptcy, foreclosure or other financial difficulties as a result of the current economic situation. Consequently, no growth as a result of these approvals is forecast in excess of that associated with the population projections promulgated by the Shimberg Center for Housing Studies as recorded by the Florida Housing Data Clearinghouse. These projections are provided in Table 3. LaRue Planning & Management Services, Inc. 3 Draft: October 26, 2009 Table 2 — City of Okeechobee Approved Developments ' Project Number and 1 I Approval ( Anticipated Name Type of Units Location/ Type of Development I Date I Population Central Park single family SW quadrant of the City between ' 14 Oaks units I SR 70 and SE 51h Street. 14/2007 1 11 persons SW quadrant of the city south of SR 70 on SE 10th Avenue ' 40 multi -family between SE 4th and SE 5t" O-Town Apts. units Streets 5/2007 108 persons NW quadrant of the city and west ' Southern 217 multi- of US 441, between NW 11th and Trace family units NW 10 Streets 9/2007 578 persons ' SW quadrant of the city on SW The 136 multi- 15th St. between SW 10th and SW Lakehouse family units 7th Avenue 10/2007 367 persons ' NW quadrant of the City west of 37 multi -family NW 51h Ave. and between NW Casa Bella units 31 units 10th and NW 11th Streets 12/2007 100 persons (assisted living Visiting facility @ one Nurses person per SE quadrant of the City east of Association unit) US 441, on SE 2nd Street 10/2008 31 persons NE quadrant of the City, at the 6 multi -family northeast corner of NE 10th Bevis units Street and NE 51h Avenue 11/2008 16 persons 14 units (assisted living facility @ one NE quadrant of the City east of ,. person per US 441, between NE 6th and NE Asmussen unit) 7th Streets 12/2008 14 persons 1 ( Total Persons at Build -out 11,233 ' Source: LaRue Planning & Management Services, Inc. and the City of Okeechobee, 2/09. However, should these projects be built and occupied within the next ten years, as originally planned, using the 2.70 average household size for residential units recorded in the 2000 ' Census and one person per unit for ACLFs, these approved developments could be expected to increase the City's resident population by 1,233 persons by the year 2019. Consequently, the projected resident and peak seasonal populations of the City through the year 2019, which have been have been based on the Shimberg Center forecasts, are provided in the following table. LaRue Planning & Management Services, Inc. 4 Draft: October 26, 2009 i Table 3 — Peak Population Forecast City of Okeechobee Resident Seasonal Year Population I Population(2) Peak Population 2008 5,496 12,198 17,694 2009(t) 5,520 12,208 17,728 12014 15,620 12,248 17,868 1 2019 1 5,720 12,288 18,008 �') Bureau of Economic and Business Research (BEBR) (2) At 40% of projected resident population. Source: LaRue Planning & Management Services, Inc., 2009. ♦ OUA SERVICE AREA POPULATION ANALYSIS OUA has reviewed its 2000 service area population and its projected 2025 service area population. This analysis was necessary to ensure that the entire public water supply population served by OUA, which includes a small portion of Glades County, was included in the population projections. The BEBR medium population projections used by SFWMD were also used in this analysis. Table 4 below indicates OUA's projected population to be served by public water supply within its existing service area. The public water supply population for year 2000 developed by OUA estimated the percentage of population actually being served by the OUA in each block group. Table 4 — OUA 2000 Service Area Estimated and Projected Population Served by Public Water Supply (PWS) County -wide Okeechobee County Glades County Total y I ty I ty Year I Population PWS Population PWS Population PWS Population 2000(" 135,910 114,912 1,689 16,601 2025t21 146,400 19,266 12,076 121,342 (') Year 2000 PWS population calculations prepared by OUA were determined by utilizing block level information and estimating the percentage of population within each block group that was actually served. (2) Year 2025 PWS population was determined using each the 25 year growth rate of each County and applying it to the base PWS population. This number is 29.2% for Okeechobee County and 22.9% for Glades County. Source: Okeechobee Utility Authority. The OUA intends to continue the logical pattern of growth to its existing service area. To calculate the anticipated future need associated with the expanded service area, the year 2000 base population for the future service area (2025) was calculated using 2000 census block group data. Table 5, below, indicates OUA's projected public water supply population associated with its future service area. Year 2000 estimates for potable water demand include the total population residing in census block groups encompassed by the entire OUA 2000 service area. LaRue Planning & Management Services, Inc. 5 Draft: October 26, 2009 Table 5 — OUA Projected 2025 Service Area Estimated and Projected Population Served by Public Water Supply (PWS) County -wide Okeechobee County Glades County Total Year I Population I PWS Population I PWS Population I PWS Population 2000(') 135,910 123,876 11,689 125,565 2025121 146,400 130,848 12,076 132,924 Year 2000 PWS population calculations were determined by utilizing total population at the block level for the future service area boundary. (2) Year 2025 PWS population was determined using each the 25 year growth rate of each County and applying it to the base PWS population. This number is 29.2% for Okeechobee County and 22.9% for Glades County. Source: Okeechobee Utility Authority The projected 2025 service area identified by the OUA includes all of the property which is ' currently subject to an executed Developer Agreement for sanitary sewer and potable water. Table 6, below, summarizes the commitments within these Developer Agreements. Table 6 — OUA Developer Agreements ' Dev Agree Wastewater Water Did DEVELOPERS: ERC's ERC's 2wner2 ve Wr'.,s Nam ProMct Name 11/7/2006 Freshwater Development Co Freshwater 100 11/7/2006 Northshore Village Inc Northshore Village 301 11/7/2006 Stephen E Myers Sr Northshore Village 404 11/7/2006 Royal Professional Builders Inc Plaza Del Sol 100 11/6/2006 15th St Homes LLC/Montebello 13 LLC The Lakehouse 210 ' 11/7/2006 Land Ventures of America LLC Eagles Landing 200 11/7/2006 Awesome Ranch LLC Awesome Ranch 350 350 ' 11/7/2006 Okeechobee Premier Prop, LLC Northshore Village 200 ' 2/7/2006 New Okeechobee, LLC 240 Source: Okeechobee Utility Authority Notes: ERC = Equivalent Residential Connection 2105 350 ' Some Developments have only purchased Phase 1 connections LaRue Planning 9 & Management Services Inc. 6 Draft: October 26, 2009 ♦ PUBLIC POTABLE WATER FACILITIES INVENTORY Operational Responsibility The Okeechobee Utility Authority is responsible for providing all potable water to residential and nonresidential users within the city and surrounding service area. There are no private facilities serving development within the City or the Service Area. Surface Water Treatment Plant The primary source for potable water is surface water from Lake Okeechobee which is treated at and distributed from the surface water treatment plant at 371 SR78 West. The original surface water treatment plant was constructed in 1926 and expanded in 1992 to accommodate additional demand created by a growing population. By the year 2000, the plant reached 80% of its permitted capacity and thus needed to be expanded again. The new plant was completed in April 2005, increasing OUA's surface water treatment capacity to its current capacity to 5.0 MGD. However, due to the age of the plant and the surrounding facilities, the amount of space available for expansion was restricted and the new design utilized a limited footprint. The current surface water treatment plan has a FDEP permitted capacity of 5 million gallons per day (MGD). The raw water for this plant is either drawn from Lake Okeechobee or from the Rim Canal which is outside of the levee surrounding the lake. The general treatment process is as follows: first, screening is done to remove the larger particulate matter such as lake grass, then flocculation/settling to remove finer particles, some color and odor, followed by ozonation to remove all odor, color and turbidity, followed by filtration, disinfection, and finally to onsite storage. On an as needed basis, high service pumps move the finished water from the storage tanks out into the transmission/distribution system for delivery to the customer. Ground Water Treatment Plant Okeechobee Utility Authority uses ground water as an additional source of potable water. The groundwater treatment plant located at 1200 NE 12t' Street has a FDEP permitted capacity of 1 MGD. In Okeechobee, ground water is not as readily available as surface water and it can have high concentrations of iron, manganese, and hydrogen sulfide. It is also more expensive to pump due to the high head pressure it must overcome. However, ground water is typically cleaner with a lower bacteria count and has a more uniform quality than surface water. The raw water for this plant is withdrawn from five shallow wells. There are two additional wells, but they do not have pumps installed at this time. The raw water from these wells enter the plant at the aeration tray where volatile gases such as sulfur are stripped from the water, this process is then followed by filtration, disinfection, and on to the onsite storage tanks. As water is needed in the transmission/distribution system, high service pumps withdraw water from the tank and pump it out into the system. LaRue Planning & Management Services, Inc. 7 Draft: October 26, 2009 Water Quality The Okeechobee Utility Authority meets all standards established by the Florida Department of Environmental Protection. Public Wells The groundwater treatment plant located at 1200 NE 12t' Street has a FDEP permitted capacity of 1 MGD. T The raw water for this plant is withdrawn from five shallow wells. There are two additional wells, but they do not have pumps installed at this time. The raw water from these wells enter the plant at the aeration tray where volatile gases such as sulfur are stripped from the water, this process is then followed by filtration, disinfection, and on to the onsite storage tanks. As water is needed in the transmission/distribution system, high service pumps withdraw water from the tank and pump it out into the system. Table 7, taken from the Okeechobee County Water Supply Plan lists all seven potable water supply wells. Table 7 — OUA Potable Water Supply Wells Total Cased Well Pump Well Depth Depth I Diameter Capacity I Year Number Status Active Aquifer (feet) (inches) (inches) (GPM) Drilled 1 Existing I Yes Surficial f 155 1 80 1 10 1 400 1993 12 1 Existing I Yes I Surficial 1 165 1 90 1 10 1 400 1 1993 3 Existing No Surficial 1 155 180 110 1400 11993 4 Existing No Surricial1175 1100 110 1250 11993 15 1 Existing I Yes I Surficial 1 175 1 100 1 10 1 250 1 1993 16 1 Existing I Yes I Surficial 1 175 1 100 1 10 1 250 1 1993 17 1 Existing I Yes I Surficial 1 175 1 100 1 10 1 250 l 1993 I Source: Okeechobee Utility Authority, 2009 Waste Water Treatment Plant Okeechobee Utility Authority currently operates one 3.0 MGD wastewater treatment facility (WWTF) with reclaimed water disposal. Reclaimed water is used to irrigate 761 acres of citrus owned by the adjoining ranch and for limited public access landscape irrigation. SFWMD indicated in the Kissimmee Basin Water Supply Plan that OUA treated an average of .065 MGD in 2001 with an average of 0.35 MGD going to off -site citrus irrigation. In 2008, the average annualized daily flow was 0.762 MGD with 0.51 MGD being directed to off -site citrus irrigation, 0.04 MGD to on -site irrigation and 0.21 MGD allocated to evaporation/percolation from on -site storage pond. These flow distributions have been from the County's Water Supply Plan and are provided in Table 8. LaRue Planning & Management Services, Inc. 8 Draft: October 26, 2009 Table 8 — 2001 OUA Wastewater Treatment Facility Flows FDEP Rated I I I On -site Facility Capacity Flow Off -Site Irrigation Irrigation Recharge OUA WWTP - 2001 11.10 10.65 10.35 10.30 10.00 OUA WWTP - 2008 13.0 10.83 1 0.50 0.04 0.27 ISource: Okeechobee Utility Authority 2008 Annual Reuse Report Consumptive Use Permit The SFWMD regulates withdrawal of water from the aquifer through the issuance of a Consumptive Use Permit (CUP). The Okeechobee Utility Authority has a consumptive use permit (CUP) for 2.83 MGD from Lake Okeechobee and the surficial aquifer. The current demands and existing developer agreement commitments appear to be approaching the current allocation. OUA has recently applied for a Consumptive Use Permit renewal from the South Florida Water Management District, along with a request for a slight increase in the CUP from the last permit issued. The final permit has not yet been issued at this time. Table 9 — SFWMD Consumptive Use Permit Current CUP$ I Requested CUP i Design Capacity Av . Daily permitted withdrawal 12.83 (MGD) 16.00 (MGD) * I N/A Surface water (MGD) I N/A 15.00 (MGD) * ( N/A Ground water (MGD) 12.20 (MGD) 1.00 (MGD) * I N/A Maximum permitted 13.85$ (MGD) I N/A 17.0 (MGD) ' Pending, subject to change with additional application data $ Permit #47-00004-W According to the South Florida Water Management District, district rules and source limitations make it uncertain whether the use of surface waters from or near Lake Okeechobee could be increased significantly. Use of alternative water supply sources, such as the Floridan Aquifer, would likely require additional, yet unplanned, water treatment facilities. LaRue Planning & Management Services, Inc. 9 Draft: October 26, 2009 ♦ POTABLE WATER DEMAND, CAPACITY, AND SURPLUS/DEFICIENCIES County -wide Existing and Projected Potable Water Demand The following information is taken from the Okeechobee County Water Supply Facilities Work Plan. Additional information pertaining to the City of Okeechobee population, approved development projects and potable water demand for the City's 2019 planning horizon are provided on page 12. Based on BEBR medium projections, the population within Okeechobee County is expected to increase by approximately 10,490 residents between 2000 and 2025. This equates to approximately 3,900 homes using average household size of 2.69 persons per household (2000 U.S. Census Data). The majority of this growth is anticipated to occur in and around the City of Okeechobee. With this increase in population, the finished water demand projections prepared by the SFWMD indi- cate an increase from 2.34 mgd in base year 2000 to 4.03 mgd in year 2025, or an overall increase of 1.69 mgd. This increase reflects the incorporation of water conservation and reuse programs. The incremental water demands for the county identified by SFWMD are provided in Table 10, following. Table 10 — SFWMD Projected Average Daily Flow Through 2025 Estimated Daily Flow Projected Average Daily Flow (MGD) (MGD) Water Use 12000 12005 12010 12015 12020 12025 Public Water Supply ") 12.34 12.68 13.02 13.35 13.69 14.03 Projection does not Include Okeechobee Correctional Facility, which has a constant projected demand of 0.12 MGD through 2025 or public water supply systems generating less than 0.10 MGD. Source: Kissimmee Basin Water Supply Plan 2005-2006 Update (Appendix D) The figures presented in Table 10 were projected by SFWMD. The OUA has determined that these numbers will be slightly higher when taking into consideration the additional population created by an expanded service area, Glades County population and existing Developer Agreements. Applying these adjusted numbers, Table 11 provides the incremental water demands for the OUA, which includes a portion of Glades County and the projected 2025 expanded service area. These projections were derived from historical finished water production records for both the groundwater and surface water plants, and averaged to estimated per capita use in gallons per day (GPD). This daily average was then projected forward using population estimates to determine the projected water demand. LaRue Planning & Management Services, Inc. 10 Draft: October 26, 2009 Table 11 — OUA Projected Average Daily Flow Through 2025 Estimated Daily Flow Projected Average Daily Flow (MGD) (MGD) Water Use 12000 12005 12010 12015 12020 12025 Public Water Supply(" 12.32 12.68 13.04 1 3.54 14.13 1 4.75 Projection does not Include Okeechobee Correctional Facility, which has a constant projected demand of 0.12 MGD through 2025 or public water supply systems generating less than 0.10 MGD. Source: Okeechobee Utility Authority, 2009 Based on the figures provided by the OUA, it is anticipated that Okeechobee County will have an average daily flow of 4.75 MGD for public water supply in year 2025. OUA also anticipates that the maximum daily flow for public water supply will increase concurrent with the increase in average daily flow. Table 12 provides OUA's projected maximum daily flow of raw water through 2025. Table 12 — OUA Projected Maximum Daily Flow — Raw Water Through 2025 Projected Maximum Daily Flow — Raw Water (MGD) Water Use 12010 12015 12020 12025 Public Water Supply (1) 13.80 14.43 15.16 6.00 Projection does not Include Okeechobee Correctional Facility, which has a constant projected demand of 0.12 MGD through 2025 or public water supply systems generating less than 0.10 MGD. Source: Okeechobee Utility Authority, 2009 Based on the existing combined plant capacity of 6.0 MGD, the OUA has sufficient water supply resources to accommodate the existing and projected population through the long range planning period. Since the OUA's combined plant capacity is 6.00 MGD, the Authority will need to monitor the maximum daily flow and initiate design and permitting for additional capacity when flows reach 75% of the maximum daily flow. LaRue Planning & Management Services, Inc. 11 Draft: October 26, 2009 City of Okeechobee: Analysis of Population, Demand and Projected Flows The City of Okeechobee's Ten -Year Water Supply Facilities Work Plan employs a planning horizon of 2019 and is based on estimates of the peak seasonal population. Based on the City's population projections and assuming all new development is provided potable water from OUA, following are projections of population and demand for potable water for the City's planning periods: Table 13 — City of Okeechobee Population and Potable Water Demand, 2009 - 2019 Population Served Peak Population Peak Demand Year I Resident Population I by OUA I Served by OUA(2) , (MGD) 2009 15,520 1 4,312(') 16,037 11.15 2014 15,620 14,412 16,177 1.17 12019 15,720 14,512 16,317 1.47 ('� Estimated at 78% in 2009 and all new residents to be served by OUA. (2) Seasonal population estimated at 40% of resident population served. Interpolating the population projections and demand for potable water in the OUA service area as contained in the County's draft Water Supply Plan indicates a total service area population of about 18,900 in 2019. The associated demand for finished potable water at 190 gppd is 3.6 mgd. The 18,900 population figure does not include persons expected to occupy units in projects already approved but not yet under construction in the City of Okeechobee. When these additional persons are included, the number of permanent residents rises by another 1,013 (the 1,233 associated with approved developments less 220 of these included in normal projected growth). Adding in provision for seasonal residents increases the total number of persons served during the peak season by 1,418. Using the 190 gppd standard for finished water OUA contemplates in its calculations would indicate an additional demand for 0.27 mgd for the peak population. Adding this to the 3.6 mgd demand forecast in the County's Water Supply Plan would raise maximum demand to 3.87 mgd. This is still below 75% of the 6.0 capacity contained in the County's Plan. Consequently, OUA maintains adequate ability to provide the current and anticipated future population of the City of Okeechobee with potable water through the City's ten-year planning horizon of 2019. The following SFWMD Utility Summary taken from the County's Water Supply Plan also confirms that there is adequate supply to provide service through the City's planning horizon of 2019. LaRue Planning & Management Services, Inc. 12 Draft: October 26, 2009 Figure 1: South Florida Water Management District Utility Summary UTILITY SUMMARY OKEECHOBEE COUNTY Supply Entity: Okeechobee Utility Authority Population and Supply Summary: Proposed supply projects by 2015: Adequate Proposed supply projects by 2025: Adequate The current supplies for the Okeechobee Utility Authority are composed of 100 percent fresh water from Lake Okeechobee. Based on current projects, Okeechobee County can expect its 2025 supplies to be composed of about 94 percent traditional fresh surface water from Lake Okeechobee and 6 percent from alternative water supplies. The U.S. Army Corps of Engineers' (USACE) revised lake regulation schedule increases the likelihood of extreme low lake stage events, which could affect the water supply to this utility. Diversification of sources will be needed to assure consistent supply. Population 12,205 17,555 21,123 Per Capita (gallons per day finished water)' 190 190 190 Potable Water Demand (average annuat) 2.3 3.2 3.8 Volume from Traditional Sources 2.3 3.2 3.8 Volume from .Alternative Sources 0.0 0.0 0.0 Volume of Reclaimed Water Made Available- 0.0 0.2 0.3 Additional Potable Water Needed 0.0 0.0 0.0 " Per capita use was estimated based on total water use for the base year divided by population for the year. This value differs from per capita use estimates derived for the Consumptive Use Permitting that must be adhered to for permit issuance. "Reclaimed water made available is based upon projected wastewater flows as estimated in the Central Florida Regional Reuse Evaluation provided in Appendix H. The value represents total wastewater flow and does not reflect potable replacement inefficiencies or other system uses. Project Summary: Traditional 3.2 Alternative Captured Storm Water / Surface Water 0.0 Brackish Water 0.0 Seawater 0.0 Reclaimed Water 0.2 Other 0.0 Total 3.4 Source: Kissimmee Basin Water Supply Plan 2005-2006 Update (Chapter 7) LaRue Planning & Management Services, Inc. Draft: October 26, 2009 3.8 N/A $6.2 0.0 0.0 0.0 0.3 0.0 4.1 $6.2 13 • FUTURE WATER SOURCES OUA has a consumptive use permit (CUP) for 2.83 MGD from Lake Okeechobee and the surficial aquifer. Current demand and commitments under developer agreements appear to be approaching the current allocation. Water Management District rules and source limitations make it uncertain whether the use of surface waters from or near Lake Okeechobee could be increased significantly. The use of alternative water supply sources, such as the Floridian Aquifer, would likely require additional, as yet unplanned, water treatment facilities. Under current District rules [Section 3.2.1(G), Water Use Basis of Review], it appears that additional future withdrawals from Lake Okeechobee, beyond approximately 1.7 million gallons per day (MGD) currently pumped, may not be allowed for public water supply use. The long- term implication of this rule is that additional OUA surficial aquifer or alternative water supply facilities will need to be planned and constructed in order to ensure adequate future water supplies. Table 14 sets forth the estimated construction costs for the components of the water system I improvement projects to be placed on-line in 2010. Funding for this program is from a USDA Loan. Table 14: Proposed Water System Improvement Project Okeechobee Utilities Authority (OUA) Water System 2008-2018` Description { One Water Supply Well and Piping Water Plant Improvements to 0.99 MGD Transmission Booster Pump Station Storage and Pumping (Downtown) Distribution Piping TOTAL ESTIMATED CONSTRUCTION COST Estimated Construction Costs 2008-9 1 2009-10 1 2010-11 1 2011-12 1 2012-13 $137,500 1 $137,500 J $0 J $0 1 $0 $659,000 1 $659,000 J $0 j $0 1 $0 $105,500 I $105,500 I $0 1 $0 I $0 $475,500 I $475,500 I $0 I $0 I $0 $412,500 1 $412,500 J $0 1 $0 I $0 $1,790,000 1 $1,790,000 1 $0 1 $0 1 $0 "Future years in the 2nd half of the 10-Year Water Supply Plan will include additional projects coinciding with additional water withdrawals and be based on support from newly submitted USDA Grant/Loan applications. ♦ FUTURE CONSERVATION PROGRAMS Unlike most coastal communities in southwest Florida, the City of Okeechobee does not use a ' significant percentage of its water for irrigation. This is in part due to code enforcement that patrols to enforce watering restrictions and partly due to the lack of landscape irrigation. ' LaRue Planning & Management Services, Inc. 14 Draft: October 26, 2009 Figure 2: Okeechobee Utility Authority (OUA) Service Area boundary, 2009 ► __ _ _ _-•-� -� ._ �t _1 Okeechobee Utility Auth ;��ty -�j - - 1 Ground Water Treatment Plant Permitter CApaf; 98711 4 t _ _ r . 70 J \4 l.11n rt ski cnot�eef itility Au lty c -1 CtY -4 rfacenVliste "T�Eatrnent#P.1ant `t �ernntte�gD�NtS: U 1 W+. f Swore: Okeechobee UHity Authoift 2009 LaRue Planning & Management Services, Inc. 15 Draft: October 26, 2009 GOALS, OBJECTIVES AND POLICIES Pursuant to Section 163.3177(6)(c), FS and Section 9J-5.011(2), FAC, the following pages represent the Goals, Objective and Policies relating to potable water for the City of Okeechobee. In addition to statutory requirements, the Goals, Objectives, and Policies were developed in keeping with the character, conditions, and desires of the community. These Goals, Objectives, and Policies are intended to address the establishment of long-term objectives towards which potable water consumption and conservation programs and activities are directed. ♦ Implementation Unless otherwise stated, the implementation of objectives and associated policies contained in this Section shall be through the development, adoption, and application of regulations set forth in the City's Code of Ordinances. LaRue Planning 11 Management Services, Inc. 16 ' Draft: October 26, 2009 INFRASTRUCTURE ELEMENT EXISTING AND PROPOSED GOALS, OBJECTIVES AND POLICIES; AND NEW POLICIES AND PROPOSED AMENDMENTS FOR THE POTABLE WATER SUB -ELEMENT Goal: The City of Okeechobee shall continue to conserve and protect its water sources and provide, or Fegaire ethefs- to coordinate with other entities that provide, needed public facilities in a manner which protects investments in existing facilities and promotes orderly growth. Objective 1: The City of Okeechobee shall, through revision of land development regulations, continue to implement procedures to ensure that needed facilities are available or will be available, concurrent with development. Policy 1.1: The City of Okeechobee shall adopt the following minimum level of service standards to be used to determine the availability of facility capacity and the demand generated by development: ty 11-evel of Service erage Sewer Demand of User Population 3ry Sewer 130 gallons per capita per day (see P914Gy-4 ) r Daily Water Demand de Water rerage 114 gallons per capita per day (see -Pelisy-1:6", Average Solid Waste Generation 13 lbs. per capita per day at least 3 years available capacity in Waste Disposal Okeechobee County landfill (see Policy 1.4) Interim Standard (see Policy 1.5) Design Storm 25-year frequency 24-hour duration Facility design standards age/Stormwater as required by Florida Administrative Code Bement (see Policy 1.5) Policy 1.2: The City of Okeechobee shall continue to ensure that all improvements for replacement, expansion, or increase in capacity of facilities shall be compatible with the adopted level of service standards for that facility. Policy 1.3: The City Administrator or his designee shall continue to annually report to the City Council the best available information on demand and unused capacity for each facility, providing the most recent available population estimates for the City and unincorporated areas served by City facilities. LaRue Planning & Management Services, Inc. 17 Draft: October 26, 2009 Policy 1.4: As a component of its adopted level of service for solid waste generation, the City shall continue to require that no less than three years' capacity remain available in the Okeechobee County landfill to accommodate existing and approved development. The most recent available public facilities report of the City Administrator, as referenced in Policy 1.3, shall be consulted to determine whether this capacity exists. Policy 1.5: The following drainage level of service standards are established on an interim basis pending completion of a drainage study to produce relevant data and analysis to support permanent standards. Stormwater treatment and disposal facilities shall be designed for a 25-year storm event of 24-hour duration. Such facilities shall meet the design and performance standards established in Section 17-25.025, F.A.C. The first inch of stormwater runoff shall be treated on -site, pursuant to Section 17-3.051, F.A.C. Stormwater discharge facilities shall be designed such that the receiving water body shall not be degraded below minimum conditions necessary to assure the suitability of water for the designated use of its classification as established in Chapter 17-3, F.A.C. These standards shall apply to all development and redevelopment. Policy 1.6: /IIF8aGheSo of design Gapaeity OF Wh8A Fetained by the City to evaluate expaRsien need&. - peak demand Feae-hes AM% of design GapaGity, aR 8Ag*AeeF shall be o The Citv of Okeechobee shall issue no development orders or development permits for new construction without first consultina with the Okeechobee Utilitv Authoritv (OUA), the Citv's potable water service provider, to determine whether adeauate water supplies to serve the development will be available no later than the anticipated date of issuance by the Citv of a certificate of occuDancv or its functional eauivalent. The Citv will also ensure that adequate water supplies and facilities are available and in Dlace prior to issuina a certificate of occupancv or its functional eauivalent. LaRue Planning 8, Management Services, Inc. 18 Draft: October 26, 2009 Policv 1.7: Utility connections mandatory for new develoDment: All new development and redevelopment within the Citv of Okeechobee shall be reauired to connect to the Dublic Dotable water and sanitary sewer systems in the followina manner: (1) Where water and/or sanitary sewer service lines are in Dlace immediatelv adioinina the Droperty and service is available. the Dropertv shall be reauired to connect to the system(s) and no develoDment Dermit shall be aDDroved until such time as financial arrangements with OUA for the Davment of connection fees and capital outlav fees associated with reauired connection to the system(s) have been completed. Policv 1.8 Utility connections mandatory for existina develoDment upon a chanae in ownership: (1) Where potable water and sanitary sewer service lines are in Dlace and service is available immediately adioinina the DroDertv. anv use not connected to the Dotable water and/or sanitary sewer system shall be required. at the time of a chance in ownership. to connect to the s stems . (2) No development Dermit shall be issued, or other required approval aranted. until such time as financial arrangements with OUA for the Davment of connection fees and capital outlav fees associated with required connection to the system(s) have been completed. Objective 2: The City of Okeechobee shall continue to maintain a five-year schedule of capital improvement needs for public facilities, to be updated annually, in conformance with the comprehensive plan review process for the Capital Improvements Element. Policy 2. 1: The City Administrator shall continue to evaluate and rank capital improvements projects, proposed for inclusion in the five-year capital improvements program, for which the Citv has financial responsibility. LaRue Planning & Management Services, Inc. 19 Draft: October 26, 2009 11 I I Policy 2.2 11 Capital improvement projects for which the Citv has financial responsibility shall be ranked according to the following priority level guidelines: Priority One: The project is needed to protect the public health and safety, or to fulfill the City's legal obligation to provide facilities and services. Priority Two: The project increases efficiency of existing facilities, reduces improvement costs, provides service to developed areas lacking full service, or promotes infill development. Priority Three: The project represents a logical extension of facilities or services within a designated service Area. Policy 2.3: The City shall revise its Capital Improvements Plan to show itemized capital improvements. Policy 2.4: The Citv of Okeechobee recoanizes that the Okeechobee Utility Authority (OUA) Drovides notable water to the Citv. its businesses and residents. Althouah no capital improvement Droiects are necessary within the Citv for which the Citv of Okeechobee has financial resaonsibility in connection with SUDDly of Dotable water to the Citv, its businesses and residents. the Citv of Okeechobee will support and coordinate with the Okeechobee Utilitv Authoritv (OUA). as necessary. to assist in the implementation of Okeechobee Utilitv Authority (OUA) Capital Improvements Droiects for the vears 2009-2018. Objective 3: The City of Okeechobee shall continue to ensure that existing facilities will be utilized in an efficient manner and that infrastructure improvements will not encourage urban sprawl. Policy 3.1: Land development regulations shall be utilized to require the use of appropriate public facilities in new developments. These requirements shall specify which facility or facilities shall be used in each of the various land use categories established in the Future Land Use Element. Facility usage shall also be consistent with the wellfield protection ordinance. Policy 3.2: Reserved. Objective 4: The City of Okeechobee shall continue coordination with Okeechobee County and the Okeechobee Utility Authority (OUA) in the extension of water and sewer service into unincorporated areas. 2: The al LaRue Planning 8, Management Services, Inc. 20 ' Draft: October 26, 2009 PGliGy 4i: Dc Policy 44 4_1: The City shall continue to coordinate with the County and OUA in targeting loca- tions for future potable water and sanitary sewer connections. Policy 4-2 4.2: The City will monitor and participate in Okeechobee Utility Authority's (OUA) water supply Dlannina process, includina updates to water supply facility work plans and consumptive use permits, regardina the City's population and demand proiections to ensure that Okeechobee Utility Authority (OUA) accounts for and meets the Citv's current and future waters needs. Objective 8: The City of Okeechobee shall strive GORtiRwe to maintain its water consumption at a rate not to exceed of 1.82 million gallons per day (MGD). Policy 8.1: The City shall continue to encourage conservation through special rate structures to reward customers who minimize their water consumption. Policy 8.2: eaferse- F9Vi6+c.. ... !'.c !c.. &9ught ; ; f p!c t: . The City shall adopt an Ordinance which requires the use of water -efficient landscaping in all new development and redevelopment. and require functionina rain -sensor devices on all new automatic irrigation systems. Policy 8.3: flew GeR6tFUGti=.Thc ' jey*eer., on all new eeRstr-uetoen. The City will promote water conservation throuah the enforcement of the adopted Florida Buildina Code which requires, such items as low -volume commodes, water flow restrictions for showers and, spigots and similar devices in all new construction and renovations, and will. comply with the aopropriate water manaaement district water use restrictions., Policy 8.4: The City will continue to cooperate with the South Florida Water Management District (SFWMD) in its efforts to restrict the unnecessary consumption of notable water. particularly as it relates to irrigation. lawn waterina. and car washinq durina periods of drought, supply reduction, and other emeraencies. Policy 8.5: The Citv shall inform residents and businesses of, and shall encouraae their, participation in. conservation Droarams of the SFWMD. Okeechobee County or, OUA. These information and educational efforts shall include the followinc types of efforts: a. brochures and sionaae to be made available at Citv Hall: LaRue Planning & Management Services, Inc. 21 Draft: October 26, 2009 ' b. Dursuing fundina through SFWMD Communitv Education Grant and cooDera- tive funding Droarams for educational efforts such as demonstration aardens and Drototvpe IandscaDin4 on public Droperties: and. ' c. Inviting sneakers for forums or workshops at Citv Hall. ' Policv 8.6: The City shall coordinate local water conservation education efforts with the SFWMD, the Okeechobee Utilitv Authoritv (OUA). and the Okeechobee Countv School Board. ' Policv 8.7: The Citv will promote and encourage the use of low impact development tech- niaues (such as the Florida Water Stars' Droaram. which is a Doint based. new I ' home certification oroaram for water -efficient developments. similar to the federal Enerav Star Droaram) ' Policv 8.8: The Citv will assist in enforcement of eAfeaFee the SFWMD's lawn and landscape irriaation rule, which limits irrigation to two days Der week between the hours of 4 a.m. and 10 a.m.. with some exceptions. as may be revised. ' Policv 8.9: The Citv shall develoD a water audit Droaram for all Citv facilities. includina irriaa- tion by the end of 2012. The Citv shall also consider develoDina a water audit 11 Droaram. includina irriaation systems. for the Dublic. CONSERVATION ELEMENT: PROPOSED NEW POLICIES AND AMENDMENTS Policv 2.5: The Citv will ensure that anv new reaulation to Drotect water resources is consistent with SFWMD's environmental resource Dermittina and consumDtive use Dermittina rules. Policv 2.6: The Citv will promote and encourage the use of low impact development techniques (such as the Florida Water Star Droaram, which is a Doint based. new home certification Droaram for water -efficient developments. similar to the federal Enerav Star Droaram). LaRue Planning & Management Services, Inc. 22 Draft: October 26, 2009 INTERGOVERNMENTAL COORDINATION ELEMENT: PROPOSED NEW POLICIES AND AMENDMENTS Policv 3.3: The Citv of Okeechobee in coniunction with the Okeechobee Utilitv Authoribe (OUA) will DarticiDate in the develoDment of updates to SFWMD's Water SUDDIN assessment and district Water SUDDIV Plan and in other water sUDDIv develoDment related initiatives facilitated by the SFWMD that affects the Citv. Policv 3.4: The Citv of Okeechobee will maintain a water sUDDIv facilities work Dian that is coordinated with SFWMD's District Water SUDDIv Plan and the Okeechobee Utility Authoritv (OUA) by uadatina its own work Dian within 18 months of an Update to SFWMD's District Water SUDDIv Plan that affect the Citv. Policv 3.5: The Citv will monitor and DarticiDate in Okeechobee Utilitv Authoritv's (OUA) water SUDDly Dlanninq Drocess, includina updates to water SUDDly facility work Dlans and consumptive use Dermits. reaardina the City's DODUlation and demand Droiections to ensure that Okeechobee Utilitv Authoritv (OUA) accounts for and meets the Citv's current and future water needs. Policy 4.3: By 2002,t6r2902. tThe City shall continue to coordinate its Comprehensive Plan with the Resource Management Plan to address drainage problems in the Lower Kissimmee River and Taylor Creek Drainage Basin regions. Policy 6.7: By 2002, tBY 2002, tThe B '�-z0; 2, tCity shall continue to review interlocal agreements with the Okeechobee Utility Authority (OUA) for central potable water and sanitary sewer facilities and services in terms of extending that agreement for aRetheF aRGtkeF 10-year periods, as needed. Policv 6.10: The Citv shall issue no develoDment orders or develoDment Dermits for new construction without havina first received certification by the Okeechobee Utilitv Authority (OUA). the C:itv's potable water service Drovider, that adequate water suDDlies will be available to serve the develoDment no later than the anticipated date of issuance by the Citv of a certificate of occuaancv or its functional eauivalent. The Citv will also ensure that adequate water suDDlies and facilities are available and in Dlace prior to issuina a certificate of occUDancv or its functional eauivalent. LaRue Planning & Management Services, Inc. 23 Draft: October 26, 2009 1 CAPITAL IMPROVEMENTS ELEMENT: PROPOSED NEW POLICIES AND ■ AMENDMENTS Policv 2.3: The Citv of Okeechobee will maintain a water SUDDly facilities work plan that is ' coordinated with SFWMD's District Water SUDDIv Plan and the Okeechobee Utilitv Authority (OUA) by UDdatina its own work Dlan within 18 months of an update to SFWMD's District Water SUDDIv Plan that affects the Citv. Policv 2.4: The Citv of Okeechobee recoanizes that it relies upon the Okeechobee Utilitv Authoritv (OUA) facilities for the provision of Dotable water for its residents. businesses and visitors. and as such the City is part of the areater SFWMD. and that the continued SUDDly of potable water will be dependent Upon all local aovernments strivina to maintain demand for Dotable water at sustainable levels. As such. the Citv will: Continue to maintain relationships with the SFWMD and the Okeechobee Utilitv Authoritv (OUA) to maintain or reduce Dotable water consumption throuah education. conservation. and DarticiDation in onaoina Droarams of the region. countv and citv includina coordinatina local conservation education efforts with the SFWMD and the Okeechobee Utilitv Authoritv (OUA) Droarams. Reauire landscapina in all new development or redevelopment on Dublic water systems to use water -efficient landscapina and reauire functioning rain -sensor devices on all new automatic irrigation systems. u The Citv of Okeechobee shall inform residents and businesses of. and shall encouraae their DarticiDation in. the Okeechobee Utilitv Authoritv (OUA) water conservation Droarams if thev become available. Policv 2.5: The Citv of Okeechobee recoanizes that the Okeechobee Utilitv Authoritv (OUA) Drovides Dotable water to the Citv. its businesses and residents. Althouah no capital improvement proiects are necessary within the Citv for which the Citv of Okeechobee has financial responsibility in connection with suDDly of Dotable water to the Citv. its businesses and residents. the Citv of Okeechobee will SUDDort and coordinate with the Okeechobee Utilitv Authoritv (OUA), as necessary. to assist in the implementation of Okeechobee Utilitv Authoritv (OUA) Capital Improvements proiects for the vears 2009-2018. LaRue Planning & Management Services, Inc. 24 Draft: October 26, 2009 City of Okeechobee 10-Year Water Supply Facilities Work Plan 2009-2019 November 3, 2009 ' LaRue Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 ' 239-334-3366 * Fax: 239-334-6384 jim@larueplanning.com In Conjunction with: Okeechobee Utilities Authority and Okeechobee County Table of Contents INTRODUCTION....................................................................................................................... 1 DATAAND ANALYSIS.............................................................................................................. 2 ♦ INTRODUCTION............................................................................................................. 2 ♦ SERVICE AREA.............................................................................................................. 3 Table 1 — 2008 OUA Metered Water Connections.......................................................... 3 ♦ POPULATION PROJECTIONS FOR THE CITY OF OKEECHOBEE ............................... 3 Table 2 — City of Okeechobee Approved Developments.................................................. 4 Table 3 — Peak Population Forecast................................................................................ 5 ♦ OUA SERVICE AREA POPULATION ANALYSIS............................................................. 5 Table 4 — OUA 2000 Service Area................................................................................... 5 Table 5 — OUA Projected 2025 Service Area................................................................... 6 Table 6 — OUA Developer Agreements............................................................................ 6 ♦ PUBLIC POTABLE WATER FACILITIES INVENTORY ................................................... 7 OperationalResponsibility...................................................................................................... 7 Surface Water Treatment Plant.............................................................................................. 7 GroundWater Treatment Plant............................................................................................... 7 WaterQuality.......................................................................................................................... 8 PublicWells............................................................................................................................ 8 Table 7 — OUA Potable Water Supply Wells.................................................................... 8 WasteWater Treatment Plant................................................................................................ 8 Table 8 — 2001 OUA Wastewater Treatment Facility Flows ............................................. 9 ConsumptiveUse Permit........................................................................................................ 9 Table 9 — SFWMD Consumptive Use Permit................................................................... 9 LaRue Planning & Management Services, Inc. Draft: October 26, 2009 ♦ POTABLE WATER DEMAND, CAPACITY, AND SURPLUS/DEFICIENCIES.................10 County -wide Existing and Projected Potable Water Demand.................................................10 Table 10 — SFWMD Projected Average Daily Flow Through 2025..................................10 Table 11 — OUA Projected Average Daily Flow Through 2025.......................................11 Table 12 — OUA Projected Maximum Daily Flow — Raw Water Through 2025................11 City of Okeechobee: Analysis of Population, Demand and Projected Flows .........................12 Table 13 — City of Okeechobee Population and Potable Water Demand, 2009 - 2019 ...12 Figure 1: South Florida Water Management District Utility Summary ..............................13 • FUTURE WATER SOURCES.........................................................................................14 Table 14: Proposed Water System Improvement Project...............................................14 ♦ FUTURE CONSERVATION PROGRAMS......................................................................14 Figure 2: Okeechobee Utility Authority (OUA) Service Area boundary, 2009..................15 GOALS, OBJECTIVES AND POLICIES....................................................................................16 ♦ Implementation...............................................................................................................16 INFRASTRUCTURE ELEMENT: EXISTING AND PROPOSED GOALS, OBJECTIVES AND POLICIES AND NEW POLICIES AND PROPOSED AMENDMENTS FOR THE POTABLE WATER SUB-ELEMENT...............................................................................17 CONSERVATION ELEMENT: PROPOSED NEW POLICIES AND AMENDMENTS................22 INTERGOVERNMENTAL COORDINATION ELEMENT: PROPOSED NEW POLICIES AND AMENDMENTS..............................................................................................................23 CAPITAL IMPROVEMENTS ELEMENT: PROPOSED NEW POLICIES AND AMENDMENTS.24 LaRue Planning & Management Services, Inc. Draft: October 26, 2009 INTRODUCTION The traditional source of drinking water for Central Florida has been the Floridan aquifer, an artesian aquifer that covers approximately 100,000 square miles and supplies all of the State of Florida with its potable water. As with all sources of fresh water, the Floridan aquifer is not an unlimited resource. Due to the unprecedented growth seen throughout the state, four of the five water management districts have acknowledged there is soon to be a significant shortage between the potable water demand and available supply. As a result, the Florida Legislature enacted bills in 2002, 2004 and 2005 that essentially require conformity between all future land use planning and water supply planning. As a result of this legislation, all local governments subject to a regional water supply plan must revise their comprehensive plans within eighteen months after the approval of the regional water supply plan. This work plan will generally follow the information for local government Comprehensive Plans outlined in the South Florida Water Management District's Kissimmee Basin Water Supply Plan Update. The Kissimmee Basin Water Supply Plan Update 2005-2006 was prepared in conjunction with the State Legislature's expansion on the requirements of the Local Government Comprehensive Plans to include the development of a 10-Year Water Supply Work Plan (Chapter 163, Florida Statutes) for coordination of water suppliers within the service area. The planned development is required by all local governments with responsibility for all or a portion of their water supply facilities, located in an area where a regional water supply plan, in our case the Kissimmee Basin Water Supply Plan, has been developed by the Water Management District. The City of Okeechobee's water utility is the Okeechobee Utility Authority and is located within the Kissimmee Basin Water Supply Planning area and is responsible for insuring adequate water supply development to its retail customers, namely local businesses and residences. Location of Kissimmee Basin of South Florida Water Management District. LaRue Planning & Management Services, Inc. Draft: October 26, 2009 � I ' DATA AND ANALYSIS The City offers the following data and analysis in the form of its Ten -Year Water Supply Facilities Work Plan and associated Policies to be adopted as part of its Potable Water Sub - Element of the Infrastructure Element. Since the engineers for Okeechobee County have completed a draft of the County's Water Supply Facilities Work Plan, much of the data I , pertaining to the service area, demand and capacities have been taken from that document and ` adapted as necessary to fit the needs of the City's Ten -Year Water Supply Facilities Work Plan. ♦ INTRODUCTION The City of Okeechobee is located in the southern portion of Okeechobee County, approximately 1.5 miles north of the Lake Okeechobee shoreline. It is the county's only incorporated city, serving as a shopping and employment center for an area with a permanent population (according the Bureau of Economic and Business Research, of 5,496 in 2008 _and a peak seasonal population of up to 7,694. Although the city's population is less than 10,000, Okeechobee experiences a level of intensity in its urban activities that is normally associated with larger cities. The Okeechobee Utility Authority (OUA), an entity independent of the City, provides potable water to areas both inside and outside the Ctty's corporate limits, as well a distribution system for several outlying developments. The Okeechobee Utility Authority (OUA) Water Treatment Plant was originally constructed in 1926. The plant was later expanded in 1992 and the treatment process included aeration, coagulation, flocculation, sedimentation, pH adjustment, filtration, and Chloramine disinfection. Prior to the expansion, the plant had a permitted capacity of 3.2 MGD. By the year 2000, the plant reached 80% of its permitted capacity and thus needed to be expanded again. This plant expansion and modification expanded the plant capacity to 5.0 MGD. However, due to the age of the plant and the surrounding facilities, the amount of space available for expansion was restricted and the new design utilized a limited footprint. OUA is currently meeting present and future water demands by utilizing both ground water from the Floridan aquifers, or surface water from Lake Okeechobee. When choosing a potable water source, the three most important factors to consider are availability, quality, and cost. Lake Okeechobee provides a reliable and adequate quantity of source water and is a Class I water, meaning it is suitable as a potable water source. The small amount of head loss associated with pumping from the lake makes surface water cheaper to pump than ground water. However, surface water is typically more contaminated than ground water. Major contaminants include microbes such as blue-green algae and bacteria, turbidity, and various minerals. Turbidity, total hardness, odor, and color create the greatest concern in Lake Okeechobee. Harmful algal blooms and the varying water quality also make the lake water difficult to treat. In Okeechobee, ground water is not as readily available as surface water and it can have high concentrations of iron, manganese, and hydrogen sulfide. It is also more expensive to pump due to the high head pressure it must overcome. However, ground water is typically cleaner with a lower bacteria count and has a more uniform quality than surface water. LaRue Planning & Management Services, Inc. 2 Draft: October 26, 2009 ♦ SERVICE AREA The Okeechobee Utility Authority (OUA) is responsible for providing water and sewer to the residents of the City of Okeechobee and surrounding unincorporated areas. OUA also provides potable water to the nearby community of Buckhead Ridge located in Glades County. Figure 2, on page 15 depicts the Okeechobee Utility Authority (OUA) Service Area. While the majority of the City is being provided potable water, there are still small areas which are not being served because there are no lines connecting to these properties. Lines are available to serve about 95% of the City with potable water, although in the year 2000, OUA estimated that it provided potable water to 4,172 persons representing about 78% of the City's resident population. Table 1 — 2008 OUA Metered Water Connections Water I City of Okeechobee OUA Service Area Residential 12,015 17,995 Non -Residential 1487 1788 Master Meter 1 133 1 444 Source: LaRue Planning & Management Services, Inc. and the City of Okeechobee, 2/09. ♦ POPULATION PROJECTIONS FOR THE CITY OF OKEECHOBEE The University of Florida's Bureau of Business and Economic Research (BEBR) estimates that the City's resident population as of April 1, 2008 was 5,496. Because Okeechobee is a center for freshwater fishing and other outdoor -related activities, the additional seasonal population and visitors staying overnight in the community has historically be estimated to equal about 40% of the resident population. The peak seasonal population in 2008 was estimated at 7,694. The following Table 2 is a list of residential developments having been approved since early 2007. Development of all but the two Assisted Living Facility projects have been postponed, and in a number of cases the projects have been subject to bankruptcy, foreclosure or other financial difficulties as a result of the current economic situation. Consequently, no growth as a result of these approvals is forecast in excess of that associated with the population projections promulgated by the Shimberg Center for Housing Studies as recorded by the Florida Housing Data Clearinghouse. These projections are provided in Table 3. LaRue Planning & Management Services, Inc. 3 Draft: October 26, 2009 Project Name Central Park Oaks O-Town Apts. Southern Trace The Lakehouse Casa Bella Visiting Nurses Association Bevis Asmussen Source: LaRue Plani Table 2 — City of Okeechobee Approved Developments Number and Type of Units 4 single family units 40 multi -family units 217 multi- family units 136 multi- family units 37 multi -family units 31 units (assisted living facility @ one person per unit) 6 multi -family units 14 units (assisted living Location/ Type of Development SW quadrant of the City between SR 70 and SE 5th Street. SW quadrant of the city south of SR 70 on SE 10th Avenue between SE 41h and SE 5th Streets NW quadrant of the city and west of US 441, between NW 11'h and NW 14th Streets SW quadrant of the city on SW 15th St. between SW 10'h and SW 7th Avenue NW quadrant of the City west of NW 5'h Ave. and between NW 10th and NW 11'' Streets SE quadrant of the City east of US 441, on SE 2"d Street NE quadrant of the City, at the northeast comer of NE 10th Street and NE 5th Avenue facility @ one NE quadrant of the City east of person per US 441, between NE 6th and NE unit) 7th Streets Total Persons at Build -out Ling & Management Services, Inc. and the City of Okeechobee, 2/09. Approval I Anticipated Date Population 1 4/2007 111 persons 5/2007 108 persons 9/2007 578 persons 10/2007 367 persons 12/2007 100 persons 10/2008 31 persons 11 /2008 16 persons 12/2008 14 persons 1,233 . However, should these projects be built and occupied within the next ten years, as originally planned, using the 2.70 average household size for residential units recorded in the 2000 ' Census and one person per unit for ACLFs, these approved developments could be expected to increase the City's resident population by 1,233 persons by the year 2019. Consequently, the projected resident and peak seasonal populations of the City through the year 2019, which have been have been based on the Shimberg Center forecasts, are provided in the following table. LaRue Planning & Management Services, Inc. 4 Draft: October 26, 2009 Table 3 — Peak Population Forecast City of Okeechobee Resident Seasonal Year I Population I Population(2) Peak Population 2008 15,496 12,198 17,694 1 2009(t) 15,520 12,208 7,728 12014 5,620 12,248 7,868 2019 15,720 12,288 18,008 �'l Bureau of Economic and Business Research (BEBR) (2) At 40% of projected resident population. Source: LaRue Planning & Management Services, Inc., 2009. ♦ OUA SERVICE AREA POPULATION ANALYSIS OUA has reviewed its 2000 service area population and its projected 2025 service area population. This analysis was necessary to ensure that the entire public water supply population served by OUA, which includes a small portion of Glades County, was included in the population projections. The BEBR medium population projections used by SFWMD were also used in this analysis. Table 4 below indicates OUA's projected population to be served by public water supply within its existing service area. The public water supply population for year 2000 developed by OUA estimated the percentage of population actually being served by the OUA in each block group. Table 4 — OUA 2000 Service Area Estimated and Projected Population Served by Public Water Supply (PWS) County -wide Okeechobee County Glades County Total Year I Population I PWS Population I PWS Population PWS Population 2000(" 135,910 14,912 1,689 16,601 2025(21 146,400 19,266 2,076 121,342 Year 2000 PWS population calculations prepared by OUA were determined by utilizing block level information and estimating the percentage of population within each block group that was actually served. (Z) Year 2025 PWS population was determined using each the 25 year growth rate of each County and applying it to the base PWS population. This number is 29.2% for Okeechobee County and 22.9% for Glades County. Source: Okeechobee Utility Authority. The OUA intends to continue the logical pattern of growth to its existing service area. To calculate the anticipated future need associated with the expanded service area, the year 2000 base population for the future service area (2025) was calculated using 2000 census block group data. Table 5, below, indicates OUA's projected public water supply population associated with its future service area. Year 2000 estimates for potable water demand include the total population residing in census block groups encompassed by the entire OUA 2000 service area. LaRue Planning & Management Services, Inc. 5 Draft: October 26, 2009 Table 5 — OUA Projected 2025 Service Area Estimated and Projected Population Served by Public Water Supply (PWS) ' County -wide Okeechobee County Glades County Total I Year I Population I PWS Population I PWS Population I PWS Population 2000t'I 135,910 123,876 11,689 125,565 ' 2025121 146,400 130,848 12,076 132,924 Year 2000 PWS population calculations were determined by utilizing total population at the block level for the future service area boundary. ' (2) Year 2025 PWS population was determined using each the 25 year growth rate of each County and applying it to the base PWS population. This number is 29.2% for Okeechobee County and 22.9% for Glades County. Source: Okeechobee Utility Authority The projected 2025 service area identified by the OUA includes all of the property which is currently subject to an executed Developer Agreement for sanitary sewer and potable water. Table 6, below, summarizes the commitments within these Developer Agreements. ' Table 6 — OUA Developer Agreements Dev Agree Wastewater Water Did DEVELOPERS: ERC's ERC's ownRr/OwweinaLL= rawl Name ' 11/7/2006 Freshwater Development Co Freshwater 100 11/7/2006 Northshore Village Inc Northshore Village 301 ' 11/7/2006 Stephen E Myers Sr Northshore Village 404 11/7/2006 Royal Professional Builders Inc Plaza Del Sol 100 11/6/2006 15th St Homes LLC/Montebello 13 LLC The Lakehouse 210 ' 11/7/2006 Land Ventures of America LLC Eagles Landing 200 11/7/2006 Awesome Ranch LLC Awesome Ranch 350 350 1IM2006 Okeechobee Premier Prop, LLC Northshore Village 200 ' 2/7/2006 New Okeechobee, LLC 240 Source: Okeechobee Utility Authority ' Notes: ERC = Equivalent Residential Connection 2105 350 Some Developments have only purchased Phase 1 connections ' LaRue Planning 9 & Management Services Inc. 6 Draft: October 26, 2009 • PUBLIC POTABLE WATER FACILITIES INVENTORY Operational Responsibility The Okeechobee Utility Authority is responsible for providing all potable water to residential and nonresidential users within the city and surrounding service area. There are no private facilities serving development within the City or the Service Area. Surface Water Treatment Plant The primary source for potable water is surface water from Lake Okeechobee which is treated at and distributed from the surface water treatment plant at 371 SR78 West. The original surface water treatment plant was constructed in 1926 and expanded in 1992 to accommodate additional demand created by a growing population. By the year 2000, the plant reached 80% of its permitted capacity and thus needed to be expanded again. The new plant was completed in April 2005, increasing OUA's surface water treatment capacity to its current capacity to 5.0 MGD. However, due to the age of the plant and the surrounding facilities, the amount of space available for expansion was restricted and the new design utilized a limited footprint. The current surface water treatment plan has a FDEP permitted capacity of 5 million gallons per day (MGD). The raw water for this plant is either drawn from Lake Okeechobee or from the Rim Canal which is outside of the levee surrounding the lake. The general treatment process is as follows: first, screening is done to remove the larger particulate matter such as lake grass, then flocculation/settling to remove finer particles, some color and odor, followed by ozonation to remove all odor, color and turbidity, followed by filtration, disinfection, and finally to onsite storage. On an as needed basis, high service pumps move the finished water from the storage tanks out into the transmission/distribution system for delivery to the customer. Ground Water Treatment Plant Okeechobee Utility Authority uses ground water as an additional source of potable water. The groundwater treatment plant located at 1200 NE 12"' Street has a FDEP permitted capacity of 1 MGD. In Okeechobee, ground water is not as readily available as surface water and it can have high concentrations of iron, manganese, and hydrogen sulfide. It is also more expensive to pump due to the high head pressure it must overcome. However, ground water is typically cleaner with a lower bacteria count and has a more uniform quality than surface water. The raw water for this plant is withdrawn from five shallow wells. There are two additional wells, but they do not have pumps installed at this time. The raw water from these wells enter the plant at the aeration tray where volatile gases such as sulfur are stripped from the water, this process is then followed by filtration, disinfection, and on to the onsite storage tanks. As water is needed in the transmission/distribution system, high service pumps withdraw water from the tank and pump it out into the system. LaRue Planning & Management Services, Inc. 7 Draft: October 26, 2009 Water Quality The Okeechobee Utility Authority meets all standards established by the Florida Department of Environmental Protection. Public Wells The groundwater treatment plant located at 1200 NE 12"' Street has a FDEP permitted capacity of 1 MGD. T The raw water for this plant is withdrawn from five shallow wells. There are two additional wells, but they do not have pumps installed at this time. The raw water from these wells enter the plant at the aeration tray where volatile gases such as sulfur are stripped from the water, this process is then followed by filtration, disinfection, and on to the onsite storage tanks. As water is needed in the transmission/distribution system, high service pumps withdraw water from the tank and pump it out into the system. Table 7, taken from the Okeechobee County Water Supply Plan lists all seven potable water supply wells. Table 7 — OUA Potable Water Supply Wells Total Cased Well Pump Well Depth I Depth I Diameter Capacity Year Number Status Active Aquifer (feet) (inches) (inches) (GPM) Drilled 1 Existing Yes Surficial 1 155 180 110 1400 11993 12 Existing Yes Surficial 1165 190 110 1400 11993 13 Existing No Surficial 1 155 180 1 10 1 400 1 1993 14 1 Existing I No I Surficial 1 175 1 100 1 10 1 250 1 1993 15 1 Existing I Yes I Surficial 1 175 1 100 1 10 1 250 1993 16 1 Existing I Yes I Surficial 1 175 1 100 1 10 1 250 1993 17 1 Existing I Yes I Surficial f 175 1 100 1 10 1 250 1993 I Source: Okeechobee Utility Authority, 2009 Waste Water Treatment Plant Okeechobee Utility Authority currently operates one 3.0 MGD wastewater treatment facility (WWTF) with reclaimed water disposal. Reclaimed water is used to irrigate 761 acres of citrus owned by the adjoining ranch and for limited public access landscape irrigation. SFWMD indicated in the Kissimmee Basin Water Supply Plan that OUA treated an average of .065 MGD in 2001 with an average of 0.35 MGD going to off -site citrus irrigation. In 2008, the average annualized daily flow was 0.762 MGD with 0.51 MGD being directed to off -site citrus irrigation, 0.04 MGD to on -site irrigation and 0.21 MGD allocated to evaporation/percolation from on -site storage pond. These flow distributions have been from the County's Water Supply Plan and are provided in Table 8. LaRue Planning & Management Services, Inc. 8 Draft: October 26, 2009 Table 8 — 2001 OUA Wastewater Treatment Facility Flows FDEP Rated I I I On -site Facility Capacity Flow Off -Site Irrigation Irrigation Recharge OUOA WWTP - 11.10 10.65 10.35 10.30 0.00 OUA WWTP - 2008 13.0 10.83 10.50 10.04 10.27 ISource: Okeechobee Utility Authority 2008 Annual Reuse Report Consumptive Use Permit The SFWMD regulates withdrawal of water from the aquifer through the issuance of a Consumptive Use Permit (CUP). The Okeechobee Utility Authority has a consumptive use permit (CUP) for 2.83 MGD from Lake Okeechobee and the surficial aquifer. The current demands and existing developer agreement commitments appear to be approaching the current allocation. OUA has recently applied for a Consumptive Use Permit renewal from the South Florida Water Management District, along with a request for a slight increase in the CUP from the last permit issued. The final permit has not yet been issued at this time. Table 9 — SFWMD Consumptive Use Permit Av . Daily permitted withdrawal Surface water (MGD) Ground water (MGD) Current CUP$ I Requested CUP 2.83 (MGD) N/A 2.20 (MGD) Maximum permitted 13.85$ (MGD) ' Pending, subject to change with additional application data $ Permit #47-00004-W 6.00 (MGD) * 5.00 (MGD) * 1.00 (MGD) * N/A Design Capacity N/A N/A N/A 7.0 (MGD) According to the South Florida Water Management District, district rules and source limitations make it uncertain whether the use of surface waters from or near Lake Okeechobee could be increased significantly. Use of alternative water supply sources, such as the Floridan Aquifer, would likely require additional, yet unplanned, water treatment facilities. LaRue Planning & Management Services, Inc. 9 Draft: October 26, 2009 u I 1 ♦ POTABLE WATER DEMAND, CAPACITY, AND SURPLUS/DEFICIENCIES County -wide Existing and Projected Potable Water Demand The following information is taken from the Okeechobee County Water Supply Facilities Work ' Plan. Additional information pertaining to the City of Okeechobee population, approved development projects and potable water demand for the City's 2019 planning horizon are provided on page 12. ' Based on BEBR medium projections, the population within Okeechobee County is expected to increase by approximately 10,490 residents between 2000 and 2025. This equates to approximately 3,900 homes using average household size of 2.69 persons per household (2000 U.S. Census Data). The majority of this growth is anticipated to occur in and around the City of Okeechobee. With this increase in population, the finished water demand projections prepared by the SFWMD indi- cate an increase from 2.34 mgd in base year 2000 to 4.03 mgd in year 2025, or an overall ' increase of 1.69 mgd. This increase reflects the incorporation of water conservation and reuse programs. The incremental water demands for the county identified by SFWMD are provided in Table 10, following. Table 10 — SFWMD Projected Average Daily Flow Through 2025 Estimated Daily Flow Projected Average Daily Flow (MGD) (MGD) Water Use 12000 2005 12010 12015 12020 12025 Public Water Supply t'I 12.34 12.68 13.02 13.35 13.69 14.03 Projection does not Include Okeechobee Correctional Facility, which has a constant projected demand of 0.12 MGD through 2025 or public water supply systems generating less than 0.10 MGD. Source: Kissimmee Basin Water Supply Plan 2005-2006 Update (Appendix D) The figures presented in Table 10 were projected by SFWMD. The OUA has determined that these numbers will be slightly higher when taking into consideration the additional population created by an expanded service area, Glades County population and existing Developer Agreements. Applying these adjusted numbers, Table 11 provides the incremental water demands for the OUA, which includes a portion of Glades County and the projected 2025 expanded service area. These projections were derived from historical finished water production records for both the groundwater and surface water plants, and averaged to estimated per capita use in gallons per day (GPD). This daily average was then projected forward using population estimates to determine the projected water demand. LaRue Planning & Management Services, Inc. 10 Draft: October 26, 2009 Table 11 — OUA Projected Average Daily Flow Through 2025 Estimated Daily Flow Projected Average Daily Flow (MGD) (MGD) Water Use 2000 2005 12010 2015 2020 2025 Public Water Supply 2.32 12.68 13.04 3.54 4.13 4.75 Projection does not Include Okeechobee Correctional Facility, which has a constant projected demand of 0.12 MGD through 2025 or public water supply systems generating less than 0.10 MGD. Source: Okeechobee Utility Authority, 2009 Based on the figures provided by the OUA, it is anticipated that Okeechobee County will have an average daily flow of 4.75 MGD for public water supply in year 2025. OUA also anticipates that the maximum daily flow for public water supply will increase concurrent with the increase in average daily flow. Table 12 provides OUA's projected maximum daily flow of raw water through 2025. Table 12 — OUA Projected Maximum Daily Flow — Raw Water Through 2025 Projected Maximum Daily Flow — Raw Water (MGD) Water Use 2010 2015 2020 2025 Public Water Supply (') 3.80 4.43 5.16 6.00 Projection does not Include Okeechobee Correctional Facility, which has a constant projected demand of 0.12 MGD through 2025 or public water supply systems generating less than 0.10 MGD. Source: Okeechobee Utility Authority, 2009 Based on the existing combined plant capacity of 6.0 MGD, the OUA has sufficient water supply resources to accommodate the existing and projected population through the long range planning period. Since the OUA's combined plant capacity is 6.00 MGD, the Authority will need to monitor the maximum daily flow and initiate design and permitting for additional capacity when flows reach 75% of the maximum daily flow. LaRue Planning & Management Services, Inc. Draft: October 26, 2009 City of Okeechobee: Analysis of Population, Demand and Projected Flows The City of Okeechobee's Ten -Year Water Supply Facilities Work Plan employs a planning horizon of 2019 and is based on estimates of the peak seasonal population. Based on the City's population projections and assuming all new development is provided potable water from OUA, following are projections of population and demand for potable water for the City's planning periods: Table 13 — City of Okeechobee Population and Potable Water Demand, 2009 - 2019 Population Served Peak Population Peak Demand Year I Resident Population I by OUA I Served by OUA(2) I (MGD) 2009 15,520 1 4,312(') 16,037 1.15 2014 15,620 14,412 16,177 1.17 2019 15,720 14,512 16,317 1.47 "' Estimated at 78% in 2009 and all new residents to be served by OUA. (2) Seasonal population estimated at 40% of resident population served. Interpolating the population projections and demand for potable water in the OUA service area as contained in the County's draft Water Supply Plan indicates a total service area population of about 18,900 in 2019. The associated demand for finished potable water at 190 gppd is 3.6 mgd. The 18,900 population figure does not include persons expected to occupy units in projects already approved but not yet under construction in the City of Okeechobee. When these additional persons are included, the number of permanent residents rises by another 1,013 (the 1,233 associated with approved developments less 220 of these included in normal projected growth). Adding in provision for seasonal residents increases the total number of persons served during the peak season by 1,418. Using the 190 gppd standard for finished water OUA contemplates in its calculations would indicate an additional demand for 0.27 mgd for the peak population. Adding this to the 3.6 mgd demand forecast in the County's Water Supply Plan would raise maximum demand to 3.87 mgd. This is still below 75% of the 6.0 capacity contained in the County's Plan. Consequently, OUA maintains adequate ability to provide the current and anticipated future population of the City of Okeechobee with potable water through the City's ten-year planning horizon of 2019. The following SFWMD Utility Summary taken from the County's Water Supply Plan also confirms that there is adequate supply to provide service through the City's planning horizon of 2019. LaRue Planning & Management Services, Inc. 12 Draft: October 26, 2009 Figure 1: South Florida Water Management District Utility Summary UTILITY SUMMARY OKEECHOBEE COUNTY Supply Entity: Okeechobee Utility Authority Population and Supply Summary: Proposed supply projects by 2015: Adequate Proposed supply projects by 2025: Adequate The current supplies for the Okeechobee Utility Authority are composed of 100 percent fresh water from Lake Okeechobee. Based on current projects, Okeechobee County can expect its 2025 supplies to be composed of about 94 percent traditional fresh surface water from Lake Okeechobee and 6 percent from alternative water supplies. The U.S. Army Corps of Engineers' (USACE) revised lake regulation schedule increases the likelihood of extreme low lake stage events, which could affect the water supply to this utility. Diversification of sources will be needed to assure consistent supply. Population 12,205 17,555 21,123 Per Capita (gallons per day finished water)' 190 190 190 Potable Water Demand (average annual) 2.3 3.2 3.8 Volume from Traditional Sources 2.3 3.2 3.8 Volume from Alternative Sources 0.0 0.0 0.0 Volume of Reclaimed Water Made Available- 0.0 0.2 0.3 Additional Potable Water Needed 0.0 0.0 0.0 Per capita use was estimated based on total water use for the base year divided by population for the year. This value differs from per capita use estimates derived for the Consumptive Use Permitting that must be adhered to for permit issuance. "Reclaimed water made available is based upon projected wastewater flows as estimated in the Central Florida Regional Reuse Evaluation provided in Appendix H. The value represents total wastewater flow and does not reflect potable replacement inefficiencies or other system uses. Project Summary: Traditional 3.2 3.8 N/A Alternative $6.2 Captured Storm Water / Surface Water 0.0 0.0 Brackish Water 0.0 0.0 Seawater 0.0 0.0 Reclaimed Water 0.2 0.3 Other 0.0 0.0 Total 3.4 4.1 $6.2 Source: Kissimmee Basin Water Supply Plan 2005-2006 Update (Chapter 7) LaRue Planning & Management Services, Inc. 13 Draft: October 26, 2009 ♦ FUTURE WATER SOURCES OUA has a consumptive use permit (CUP) for 2.83 MGD from Lake Okeechobee and the surficial aquifer. Current demand and commitments under developer agreements appear to be approaching the current allocation. Water Management District rules and source limitations make it uncertain whether the use of surface waters from or near Lake Okeechobee could be increased significantly. The use of alternative water supply sources, such as the Floridian Aquifer, would likely require additional, as yet unplanned, water treatment facilities. Under current District rules [Section 3.2.1(G), Water Use Basis of Review], it appears that additional future withdrawals from Lake Okeechobee, beyond approximately 1.7 million gallons per day (MGD) currently pumped, may not be allowed for public water supply use. The long- term implication of this rule is that additional OUA surficial aquifer or alternative water supply facilities will need to be planned and constructed in order to ensure adequate future water supplies. Table 14 sets forth the estimated construction costs for the components of the water system ' improvement projects to be placed on-line in 2010. Funding for this program is from a USDA Loan. Table 14: Proposed Water System Improvement Project Okeechobee Utilities Authority (OUA) Water System 2008-2018" Description 1 One Water Supply Well and Piping Water Plant Improvements to 0.99 MGD Transmission Booster Pump Station Stora a and Pumping (Downtown) Distribution Piping TOTAL ESTIMATED CONSTRUCTION COST Estimated Construction Costs 1 2008-9 1 2009-10 1 2010-11 1 2011-12 1 2012-13 1 $137,500 1 $137,500 1 $0 1 $0 I $0 $659,000 1 $659,000 $105,500 I $105,500 $475,500 I $475,500 $412,500 $412,500 $1,790,000 $1,790,000 $0 1 $0 I $0 $0 I $0 I $0 $0 I $0 I $0 $0 1 $0 I $0 $0 1 $o 1 $0 "Future years in the 2nd half of the 10-Year Water Supply Plan will include additional projects coinciding with additional water withdrawals and be based on support from newly submitted USDA Grant/Loan applications. ♦ FUTURE CONSERVATION PROGRAMS Unlike most coastal communities in southwest Florida, the City of Okeechobee does not use a significant percentage of its water for irrigation. This is in part due to code enforcement that patrols to enforce watering restrictions and partly due to the lack of landscape irrigation. LaRue Planning & Management Services, Inc. 14 Draft: October 26, 2009 Figure 2: Okeechobee Utility Authority (OUA) Service Area boundary, 2009 ►_, Y I Okeechobee Utility Authority" I Ground Water Tr"tment Plant Perinittecj'Capa ty-1:trIV�G 1 70_ Source: Okeechobee UtA1ty Authority, 2009 LaRue Planning & Management Services, Inc. 15 Draft: October 26, 2009 GOALS, OBJECTIVES AND POLICIES Pursuant to Section 163.3177(6)(c), FS and Section 9J-5.011(2), FAC, the following pages represent the Goals, Objective and Policies relating to potable water for the City of Okeechobee. In addition to statutory requirements, the Goals, Objectives, and Policies were developed in keeping with the character, conditions, and desires of the community. These Goals, Objectives, and Policies are intended to address the establishment of long-term objectives towards which potable water consumption and conservation programs and activities are directed. ♦ Implementation Unless otherwise stated, the implementation of objectives and associated policies contained in this Section shall be through the development, adoption, and application of regulations set forth in the City's Code of Ordinances. LaRue Planning & Management Services, Inc. 16 Draft: October 26, 2009 INFRASTRUCTURE ELEMENT EXISTING AND PROPOSED GOALS, OBJECTIVES AND POLICIES; AND NEW POLICIES AND PROPOSED AMENDMENTS FOR THE POTABLE WATER SUB -ELEMENT Goal: The City of Okeechobee shall continue to conserve and protect its water sources and provide, or require —ete coordinate with other entities that, provide, needed public facilities in a manner which protects investments in existing facilities and promotes orderly growth. Objective 1: The City of Okeechobee shall, through revision of land development regulations, continue to implement procedures to ensure that needed facilities are available or will be available, concurrent with development. Policy 1.1: The City of Okeechobee shall adopt the following minimum level of service standards to be used to determine the availability of facility capacity and the demand generated by development: ty 11-evel of Service verage Sewer Demand of User Population 3ry Sewer r 130 gallons per capita per day (see-P916sya-4) verage Daily Water Demand de Water 114 gallons per capita per day (see-PeliGy 1- ), Average Solid Waste Generation 13 lbs. per capita per day at least 3 years available capacity in Waste Disposal Okeechobee Countv landfill (see Policy 1.4) Interim Standard (see Policy 1.5) Design Storm 25-year frequency 24-hour duration Facility design standards age/Stormwater as required by Florida Administrative Code Bement (see Policy 1.5) Policy 1.2: The City of Okeechobee shall continue to ensure that all improvements for replacement, expansion, or increase in capacity of facilities shall be compatible with the adopted level of service standards for that facility. Policy 1.3: The City Administrator or his designee shall continue to annually report to the City Council the best available information on demand and unused capacity for each facility, providing the most recent available population estimates for the City and unincorporated areas served by City facilities. LaRue Planning & Management Services, Inc. 17 Draft: October 26, 2009 Policy 1.4: As a component of its adopted level of service for solid waste generation, the City shall continue to require that no less than three years' capacity remain available in the Okeechobee County landfill to accommodate existing and approved development. The most recent available public facilities report of the City Administrator, as referenced in Policy 1.3, shall be consulted to determine whether this capacity exists. Policy 1.5: The following drainage level of service standards are established on an interim basis pending completion of a drainage study to produce relevant data and analysis to support permanent standards. Stormwater treatment and disposal facilities shall be designed for a 25-year storm event of 24-hour duration. Such facilities shall meet the design and performance standards established in Section 17-25.025, F.A.C. The first inch of stormwater runoff shall be treated on -site, pursuant to Section 17-3.051, F.A.C. Stormwater discharge facilities shall be designed such that the receiving water body shall not be degraded below minimum conditions necessary to assure the suitability of water for the designated use of its classification as established in Chapter 17-3, F.A.C. These standards shall apply to all development and redevelopment. Policy 1.6: (I When aYeFa9e daily demando , ayeFageo 0 0 demand FeaGhes 0 peak SOMPI@te. The Citv of Okeechobee shall issue no development orders or development permits for new construction without first consultina with the Okeechobee Utilitv Authoritv (OUA), the Citv's potable water service provider. to determine whether adeauate water supplies to serve the development will be available no later than the anticipated date of issuance by the Citv of a certificate of occuDancv or its functional eauivalent. The Citv will also ensure that adeauate water supplies and facilities are available and in Dlace prior to issuina a certificate of occupancv or its functional equivalent. LaRue Planning ,11 Management Services, Inc. 18 Draft: October 26, 2009 Policv 1.7: Utility connections mandatory for new development: All new development and redevelopment within the Citv of Okeechobee shall be reauired to connect to the Dublic potable water and sanitary sewer systems in the followina manner: (1) Where water and/or sanitary sewer service lines are in Dlace immediatelv adioinina the Dropertv and service is available. the DrODerty shall be reauired to connect to the system(s) and no development Dermit shall be aDDroved until such time as financial arranaements with OUA for the Davment of connection fees and capital outlav fees associated with reauired connection to the system(s) have been completed. Policv 1.8 Utility connections mandatory for existina development upon a chanae in ownership: (1) Where Dotable water and sanitary sewer service lines are in Dlace and service is available immediatelv adioinina the DroDertv, anv use not connected to the Dotable water and/or sanitary sewer system shall be reauired. at the time of a chanae in ownership. to connect to the system(s). (2) No development Dermit shall be issued. or other reauired aDoroval Granted. until such time as financial arranaements with OUA for the Davment of connection fees and capital outlav fees associated with required connection to the system(s) have been completed. Objective 2: The City of Okeechobee shall continue to maintain a five-year schedule of capital improvement needs for public facilities, to be updated annually, in conformance with the comprehensive plan review process for the Capital Improvements Element. Policy 2. 1: The City Administrator shall continue to evaluate and rank capital improvements projects, proposed for inclusion in the five-year capital improvements program, for which the Citv has financial responsibility. LaRue Planning & Management Services, Inc. 19 _ Draft: October 26, 2009 ' Policy 2.2: Capital improvement projects for which the Citv has financial resoonsibilibe, shall be ranked according to the following priority level guidelines: Priority One: The project is needed to protect the public health and safety, or to fulfill the City's legal obligation to provide facilities and services. ' Priority Two: The project increases efficiency of existing facilities, reduces improvement costs, provides service to developed areas lacking full service, or promotes infill development. ' Priority Three: The project represents a logical extension of facilities or services within a designated service Area. ' Policy 2.3: The City shall revise its Capital Improvements Plan to show itemized capital improvements. Policy 2.4: The Citv of Okeechobee recoanizes that the Okeechobee Utility Authoritv (OUAJ Drovides Dotable water to the Citv. its businesses and residents. Althouah no capital improvement Droiects are necessary within the Citv for which the Citv of Okeechobee has financial resDonsibility in connection with suDDly of Dotable water to the Citv. its businesses and residents. the Citv of Okeechobee will suDDort and coordinate with the Okeechobee Utilitv Authoritv (OUA). as necessary. to assist in the imDlementation of Okeechobee Utilitv Authoritv (OUAJ Capital Improvements Droiects for the vears 2009-2018. Objective 3: The City of Okeechobee shall continue to ensure that existing facilities will be utilized in an efficient manner and that infrastructure improvements will not encourage urban sprawl. Policy 3.1: Land development regulations shall be utilized to require the use of appropriate public facilities in new developments. These requirements shall specify which facility or facilities shall be used in each of the various land use categories established in the Future Land Use Element. Facility usage shall also be consistent with the wellfield protection ordinance. Policy 3.2: Reserved. Objective 4: The City of Okeechobee shall continue coordination with Okeechobee County and the Okeechobee Utility Authority (OUA) in the extension of water and sewer service into unincorporated areas. LaRue Planning & Management Services, Inc. 20 Draft: October 26, 2009 ni., sity Fesidents Will pay the full GGSt of providing sewer and wateF ., .; , u. .; nzerpe rated aFeaG. Policy 4A 4_1: The City shall continue to coordinate with the County and OUA in targeting loca- tions for future potable water and sanitary sewer connections. Policv 4-2 4.2: The Citv will monitor and oarticiaate in Okeechobee Utilitv Authority's (OUA) water suDDly Dlannina Drocess, includina updates to water suDoly facility work Dlans and consumptive use Dermits. reaardina the Citv's Dopulation and demand Droiections to ensure that Okeechobee Utilitv Authoritv (OUA) accounts for and meets the Citv's current and future waters needs. Objective 8: The City of Okeechobee shall strive seRtinue to maintain its water consumption at a rate not to exceed of 1.82 million gallons per day (MGD). Policy 8.1: The City shall continue to encourage conservation through special rate structures to reward customers who minimize their water consumption. Policy 8.2: The Goty shall eRfGFre PFGYi61e _ ... ;t:: !w, :+n lc dfeug#t-#elc=t P!c::fc '.VheF8 lands 461ilFed. The Citv shall adoDt an Ordinance which reauires the use of water -efficient IandscaDina in all new develoDment and redeveloDment, and reauire functionina rain -sensor devices on all new automatic irrigation systems. Policy 8.3: The Gity buildiRg G. cc ch:T b . The City will Dromote water conservation throuah the enforcement of the adopted Florida Buildina Code which requires such items as low -volume commodes. water flow restrictions for showers and spiaots and similar devices in all new construction and renovations. and will comDly with the aDDroDriate water manaaement district water use restrictions. Policv 8A The Citv will continue to cooDerate with the South Florida Water Manaaement District (SFWMD) in its efforts to restrict the unnecessary consumption of Dotable water. Darticularly as it relates to irrigation. lawn waterina, and car washinq durina Deriods of drouaht. suDDly reduction. and other emeraencies. Policv 8.5: The Citv shall inform residents and businesses of, and shall encouraae their participation in. conservation Droarams of the SFWMD. Okeechobee County or OUA. These information and educational efforts shall include the following tvDeS of efforts: a. brochures and sianaae to be made available at Citv Hall: LaRue Planning & Management Services, Inc. 21 Draft: October 26, 2009 b. Dursuinq fundinq throuah SFWMD Communitv Education Grant and cooDera-, tive fundinq programs for educational efforts such as demonstration gardens and Drototvpe landscaDinq on public properties: and. c. Invitina speakers for forums or workshops at Citv Hall. Policv 8.6: The Citv shall coordinate local water conservation education efforts with the SFWMD. the Okeechobee Utilitv Authoritv (OUA). and the Okeechobee Countv School Board. ' Policv 8.7: The Citv will promote and encourage the use of low impact development tech- niaues (such as the Florida Water Stars' Droaram. which is a point based. new home certification Droaram for water -efficient developments. similar to the federal Enerav Star Droaram) Policv 8.8: The Citv will assist in enforcement of enfeme the SFWMD's lawn and landscape, irriaation rule. which limits irrigation to two days Der week between the hours of 4 p.m. and 10 a.m., with some exceptions, as may be revised. Policv 8.9: The Citv shall develop a water audit program for all Citv facilities, includina irriaa- tion by the end of 2012. The Citv shall also consider develoDina a water audit Droaram. includina irrigation systems. for the public. ' CONSERVATION ELEMENT: PROPOSED NEW POLICIES AND AMENDMENTS Policv 2.5: The Citv will ensure that anv new reaulation to protect water resources is consistent with SFWMD's environmental resource Dermittina and consumptive use Dermittina rules. Policv 2.6: The Citv will promote and encourage the use of low impact development techniaues (such as the Florida Water Star' Droaram. which is a point based. new home certification program for water -efficient developments. similar to the federal Enerav Star program). J t_J FI u LaRue Planning & Management Services, Inc. 22 Draft: October 26, 2009 INTERGOVERNMENTAL COORDINATION ELEMENT: PROPOSED NEW POLICIES AND AMENDMENTS Policv 3.3: The Citv of Okeechobee in coniunction with the Okeechobee Utilitv Authoritv (OUA) will participate in the development of updates to SFWMD's Water SUDDIV assessment and district Water SUDDIV Plan and in other water suDDly development related initiatives facilitated by the SFWMD that affects the Citv. Policv 3.4: The Citv of Okeechobee will maintain a water suDDly facilities work Dian that is coordinated with SFWMD's District Water SUDDIV Plan and the Okeechobee Utility Authoritv (OUA) by uDdatina its own work Dian within 18 months of an uDdate to SFWMD's District Water SUDDIV Plan that affect the Citv. Policv 3.5: The Citv will monitor and Darticipate in Okeechobee Utilitv Authoritv's (OUA) water suDDly Dlannina Drocess, includina updates to water suDDly facilitv work Dlans and consumDtive use Dermits. reaardina the Citv's population and demand Droiections to ensure that Okeechobee Utilitv Authoritv (OUA) accounts for and meets the Citv's current and future water needs. Policy 4.3: By 2092, tgy 200 The City shall continue to coordinate its Comprehensive Plan with the Resource Management Plan to address drainage problems in the Lower Kissimmee River and Taylor Creek Drainage Basin regions. Policy 6.7: By 2000,-tFJY 2002. tThe Bra02, tCity shall continue to review interlocal agreements with the Okeechobee Utility Authority (OUA) for central potable water and sanitary sewer facilities and services in terms of extending that agreement for anethe ane##910-year periods. as needed. Policv 6.10: The Citv shall issue no development orders or development Dermits for new construction without havina first received certification by the Okeechobee Utilitv Authoritv (OUA), the Citv's Dotable water service Drovider, that adeauate water supplies will be available to serve the development no later than the anticiDated date of issuance by the Citv of a certificate of occuDancv or its functional eauivalent. The Citv will also ensure that adeauate water suDDlies and facilities are available and in Dlace Drior to issuina a certificate of occupancv or its functional eauivalent. LaRue Planning & Management Services, Inc. 23 Draft: October 26, 2009 1 1 CAPITAL IMPROVEMENTS ELEMENT: PROPOSED NEW POLICIES AND ' AMENDMENTS Policy 2.3: The City of Okeechobee will maintain a water supply facilities work plan that is coordinated with SFWMD's District Water SUDDIV Plan and the Okeechobee Utility Authority (OUA) by updatina its own work Dian within 18 months of an update to SFWMD's District Water SUDDly Plan that affects the Citv. ' Policy 2.4: The City of Okeechobee recoanizes that it relies uDon the Okeechobee Utilibf Authority (OUA) facilities for the Drovision of Dotable water for its residents, businesses and visitors. and as such the City is Dart of the areater SFWMD, and that the continued SUDDly of potable water will be dependent upon all local governments striving to maintain demand for potable water at sustainable levels.. ' As such, the City will: M Continue to maintain relationships with the SFWMD and the Okeechobee 1 Utility Authority (OUA) to maintain or reduce potable water consumption through education, conservation, and DarticiDation in ongoing Drograms of the region, county and city including coordinating local conservation 1 education efforts with the SFWMD and the Okeechobee Utility Authority. (OUA) Drograms. 1 () Require landscaping in all new development or redevelopment on public water systems to use water -efficient landscaping and require functioning rain -sensor devices on all new automatic irrigation systems. 1 u The City of Okeechobee shall inform residents and businesses of, and shall encourage their DarticiDation in, the Okeechobee Utility Authority ' (OUA) water conservation Drograms if they become available. Policy 2.5: The City of Okeechobee recoqnizes that the Okeechobee Utility Authority (OUA) ' provides potable water to the City, its businesses and residents. Althouah no capital improvement Droiects are necessary within the City for which the City of Okeechobee has financial responsibility in connection with suDDly of potable 1 water to the City, its businesses and residents, the City of Okeechobee will support and coordinate with the Okeechobee Utility Authority (OUA), as necessary, to assist in the implementation of Okeechobee Utility Authority (OUA) 1 CaDital Improvements Droiects for the years 2009-2018. 1 1 LaRue Planning & Management Services, Inc. 24 ' Draft: October 26, 2009 0 EXHIBIT 9 MV 3, 2009 WIRELESS SERVICES AGREEMENT This Wireless Services Agreement (this "Agreement") is made as of the day of , by and between HARRIS 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 Com-Net Ericsson Critical Radio Systems, Inc. and M/A-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 ("DMS") 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 the expiration date of the State Contract but not later than December 31, 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 (I") 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 HWD2 1040174v2 than the first day of a calendar month) of the Access Fee shall be due and payable ten days following completion of equipment installation and activation of communication service. 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 rats 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 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 rats 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 fifteen (15) 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 fifteen (15) 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 2 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 P 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 P 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 P Party agreement with the State of Florida Department of Management Services. 10. Eauinment List. The equipment list is encapsulated into Exhibit A of this agreement. Upon installation, the equipment list will be amended to 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, the additional equipment must be determined not to exceed the maximum authorized quantity as specified in the State of Florida Department of Management Services Approval Letter. 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 By: Name: Its: Date: City of Okeechobee, Florida By: JAMES E. KIRK, Mayor ATTEST: By: LANE GAMIOTEA, City Clerk 4 HWD2 1040174v2 • Exhibit A City • Entity Contribution Enter notes here: Item I IDescrtitlon IcatecoryCost IState Payln[ [County Cost IYour% (Your Contribution infrastructure deployment planning, coordination I 1 (System and management fee: $1.423,717.491 $1,138.973.991 $284,743.501 10.34% $29,442.48 21 I Dispatch Center I $184,063.261 $147,250.611 $36.812.651 33.33%1 $12.270.88 31 I Subscriber Usage I $7.884.001 $6,307.201 $1576801 100.00%1 $1576.80 41 ISubscriber Radios I $346,763.461 $277410.771 $69,352.691 100.00%I $69.352.69 Entity Total• 1 $112,642.85 Radios: ISnares IPercentofTotai: 1121 10115.86% Re0uired I Scans I Dssnriotlon 1 I NIA I CRV Fire, Rescue Badtw Control Stations I I Mobile.M7300-DES.764-870MHLHalf Duplex I I Feature,PrOScan Roam w/Priorltv Sys Scan I I Feature,Max(1024*) Svstem/Group I IFeature. EDACS Security Kev I (Feature PackaQe.P25 Trunkine & ProVoke { I Desktop Statlon.CS-7DOO,Loal/Remote I [Control Unit CH721.Scan,Front Mount I IMlaoohone.Desktoo.M7300.CH-721 CU I (Bracket KR,Rack Moum.CS-7000 I I ANTENHA.YAG1.80&38%MHZ.6D8 I 1861n Ooen Rack with Shelves { IC*hle,CAN,250h I I Mounting Hardware Immpers and Connectors I ITransmission Une I [Control Head Power Supply IRemotel I [Grounding Hardware I [Installation and Prosinmminit 1 I N/A I ON Fin Rescue Control Station 1 IMobil. W300,764-870MHs.Half Dob.No Ent I I IFeature.ProSon Roam w/Priority Svs Scan I Feature,Max(1024r1 Svstem/Groups I I Feature. EDACS Securttv, Kev I I I Feature Packsae.P25 Trunklm & ProVoice I I I Desktop Statbn,CS-7000.LocauRemote I I IControl UnN.OH7215can-Front Mount I Mivophone.DesktoD.M7300,CH-721 CU I I I ANTEN NA. YAG1,8064866MHZ.6DB I t [Mounting Hardware I I bumpers and Connectors I I ITransmission Une IGroundine Hardware 1 I 1lnstallation and Programming ' 6 I 1 I. Fir fto w MobRes Mobile,M7300,764-8701011z.HaH Dpb No Enc I Feature,ProSan Roam w/Priority Svs Son IFeature.Maz(1024A Svstem/Groups I I Feature. EDACS Security Kev I IFeature Pack2ae.P2S Tmmking & ProVoice I IControl Unit.CH72L5can.Front Mount :Accessories-M7300 Front Mount I I MI_ oohoneStandard,CH721 Control Unit I IAntenna,700/8DOMHz.3dB Galn,Roof Mount :Installation and Programming a I 0 :OtY Fin Rescue Portables I IFeaturc,ProSan Roam w/Priority Svs Son { I Featurc.ESK/P25 Personality lock IFeature Packa4e,P25 Trtrnking & ProVoice 1 I Option.lmmersible Radio Ooeration I IBatterv,NiMH.Fxtra Hleh Cawcity I IAntenna.806-670MHLFIexible End -Fed Gain I IMI"hone.laDel/Antenna Provision I 1 Chamer.TriChemistm,single.P7200 I Ca"Stnd.Leather.Bek loon & Swivel I [Programming N/A I 0 1 City Fka ResCtlf Chaner.Trl-Chemkgrv.6-Pack P7200 IN/A ICit. Po6eeDODWINseatBodsoOControl Stations I I Mobile,M7300.DES,764-870MHz.Half Duolex { I Feature,ProSan Roam w/Priority Svs Scan, I IFeature.Maxi10240 Svstem/Groups 1 I Feature, EDACS Securltv Kev IFeature Packaae.P25 Tmnkine & ProVoice l {Desktop Station.CS-7000.1no111temote I ICordrol Unit CH721,Smn-Front Mount I I Mlvoohme,DesMo0.M7300.CH-721 CU I [Bracket KR.Rack Mount.CS-7000 I I ANTENHA.YAGI,806-666MHZ.6DB I I S61n xn Rack with Shelves I ICabloCAN.250(t 1 1. ounting Hardware { I.—Dlrs and Connectors ! !Transmission Une : [Control Head Power Suoolv (Remote) I IGroundin¢ Hardware 1 I Installation and Proerammin¢ I I I I I 1 I I I i I I 1 { I Unit Sale 1 TOW Sale I 511.414.161 511,414.26 I I I I I I I { I I 1 I I I { 1 I I I I I I I I I I I I I f i I I 1 I I $9.494.261 $9,464.261 { 1 { I I I I j I 1 I I { I I 1 � I I I I I I I 1 � I I I I I I 1 1 I I I 1 { $3,995.341 I 1 I I I I 1 I I $3,931.151 I I I I I I I I 1 I I Ss96.zs1 S1L414.261 I I I I I I 1 I 1 I I I I I 1 I t l I 1 SUA14.26 Exhibit A City I N/A I Ckv Ponca Denert rent Control Stations I $9 863.261 I I Mobik.M7300.DES.764870MHz,HaH Duplex I I 1 Feature.ProScan Roam w/Prority Svs San 1 I F m"m.M&xt1024+1 System/Groups I I I IF. EDACS Security Kev I I I IFeature PadnRe.P25 TronklnR & ProVoice I l I I Desiring Statlon.CS-7000.Loca1/1temote I l I lControi Unk.CH721.Son,Front Mount I I I Mlcrophone,Desktop-M7300.CH•721 CU I I IANTENNA.YAGI.80&866MH2.6D6 I I I I Mounting Hardware I I I Ilprkroers and Connectors I I I ITransmission line I I I Grounding Hardware I I I linstallatlon and Proanmminx I I I2 latirPonce De sertmerA MobBas I $4,479.091 I Mobile.M7300,DES.764.870MHz.Half Duplex I I I I Feature ProSan Rm o oaw/Priority Sys Scan 1 I I I Feature,Max11024+1 System/Grouos I 1 I I feature, EDACS Security Kev I I I (Feature PackaRe.P25 Trunkine & ProVoice I I I (Control UnILCH72LSan.Remote Mount I I I lAccessorks M7300 Remote Mount I I I I Mlcoohone 5tandard.CH721 Control Unit I I I IAntenna.700/800MHz3dB Galn,Roof Mount I I I Installation and Programming 1 1 IO ICkv Police Department Portables(Excluding Batt i I $4,089.651 Portable,64E-0ES,P7250.764.870MHLSon 1 I I Feature.Max(1024+1 System/Groups I I I IFeature. ProSan Roam wtPdorkv Svs Scan I I I I Feature.ESK/P25 Personality lock 1 I I I Feature Padoee,P25 Trunkine & ProVoice 1 I I IAntenna.806-87OMHz-Flexible End -Fed Gain I I Microohone.lapel/Antenna Provision I I Earohone.laoel Microphone I I lChareer.Tri{hemistrv.Sinele.P7200 I I I ICase.Stnd.Leather-Bek Loop & Swivel I I I IProenmmina I I 10 ITE 3200n" 1.14on Minn for CMv Polite Dewbnent Potables I S62.401 I2 ICky►oBc. CAaaar, i.&Pscl6P72W I I SS96.251 I 1 Clty PubBcWorks Mobilas I $3,995.341 Moblle,M73M.764-870MHz,Half Dplx.No Enc Feature ProSon Roam w/Priority Svs Scan I I 1Featun.Max11024+1Svstem/Groups I I I Feature. EDACS Security Kev I I I I Feature Padcaee.P25 Trunkine & ProVoice I I I (Control Unit CH72LScan.Front Mount I I IAccesspks.M7300 Front Mount 1 I I I Microohona5tandard.CH721 Control Unit I l - I IAnterma.700/800MHz.3d8 Galn.Roof Mount I I Installation and ProRnmminR I I 1 0 I CM PubBc Works Portables I $3,222.391 Portable,PS2SO,ProVoice,764-870MHz 1 1 Feature.ESK/P25 Personalkv Lock I I I Feature.ProRwm(ProSan/PdorkvSvs5onl I I I I Feature 512 EDACS Svs/Gros I IBatterv.NIMH.Extra HI CapadtV.DR I I ICharger.Trl{hemistrv.SinRIe.PS100/P5200 I I [An enna.806-870MHz.Flexible End -Fed Gain I 1 I IMf=one.laoel I I I ICase Stad.Leather.Bek t000 & Swivel I I I (Pro ammina I I $1W1.36 $1;66956 $346,763.46 s • DMIBIT 10 AM 3, 2009 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 of the 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, or will, enter into a Wireless Services Agreement with Harris Corporation, the state authorized provider of equipment 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%) of the cost of the 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: l . 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% of the Agency's equipment with the Agency being responsible [7000-82474.WPD] J 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 not 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 of radio 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.WPD] • Statewide Law Enforcement Radio System (SLERS) promulgated by DMS and the Provider. 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 of Understanding has been executed by and on behalf of Okeechobee County and the Agency on this ATTEST: Lo Sharon Robertson, Clerk, Board of County Commissioners ATTEST: I5A Lane Gamiotea, Clerk [7000-82474.WPD] day of October, 2009. BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA CLIF BETTS, Chairman (Seal) CITY OF OKEECHOBEE, FLORIDA JAMES E. KIRK, Mayor • Exhibit A City • Enter notes here Item Ii zl 31 41 Total Radios: I Snares 1121 Rauh went Doted Fieauirad 18wras I 1 N/A I I i I I I I I 1 I I I I I I I I I I I I I I I I I I I I 1 i I N/A I 1 I I I i I I I I 1 1 N/A I I I I 1 I I I I I I IN/A I i I I I I I I I 1 I I I I I I I I I I I I Entity Contribution IDesaloNoo Icateaw Coat Istate PU"m ICofintycost IYour% IYour Contribution Iaand fee: re deployment planning, coordination I anaae�mnent $1.423.717.491 S1.138.973.99I $284.74350I 10.34%I $29.442.48 I Disoatcb Center I $184.063.261 $147250.611 $3&812ASI 33.33%1 $12270.88 ISubscriber Usaee I $7.984.001 $6307.201 $1.576.801 100.00%1 $1576.80 ISubscriber Radios 1 $346.763.461 $277.410.771 $69352.691 500.00%1 $69357-69 Entity 7otah I 5112,642.85 PeresntofTotal: I I 30I15.86% 1 1 I D000rtoaon ON Fire Roam nation control Stations I MobRe.M7300.DES.764870MHzHaH Duulex I Feature.ProScrn Roam w/Priority Svs Stan 1Feature.Max11024+1Svstam/Groups I Feature. EDACS Security Kev (Feature Padtaee.1`25 TMAIna & PmVoica 1. Statlon.CS-7000.Lntal/Remote lContrd Unft CH7215on.Front Mount I Mlaoohon"oo Deskt.M7300.CH-721 CU I Bracket KIt.Redr Mount.CS-7000 IANTENNA.YAG1.8064r56MHZ.6DB 1861n Open Rack with Shelves ICable.CAN.250R I Mounting Hardware humours and Connectors ITransmisslon Um (Control Head Power Suonly (Remotel IGroundina Hardware ikrstallatlon and Proarammim lair Firs Rom a@ tantrd station I...M7300.764-870MHz.HaN Dolx.No Enc I Featura.ProStan Roam w/)rkwkv Svs Sun 1 Future.ps Mad1024+1 Svstem/Grou 1 Feature. EDACS Searritv, Kev 1Feature Padkaae.P25 Trunklm & ProVdce IDesktoo Statlon.CS-7000.Lotal/Remote (Control Unit.CH7215on-Front Mount I Mikroohane.Desktoo.M7300.CH-721 CU 1ANTENNA.YAGI.8064 66MHZ.6D8 I Mountlm Hardware bumpers and Connecters ITransmission Una IGrotmdim Hardware I Installation and Proarammine MobBe,M7300,764-670MHLHaN Dda.No Enc Feature.ProSan Roam w/Prlorkv, Sys Stan IFoaturo.Max(1024+1 System/Grouos 1 Feature. Security EDACS Kev IFeatum Padkaee.►25 Trunkim & ProVdo :Control UnR.CH722-5tan.Front Mount IAcoessorias.M7300 Front Mount IMlcoohoneStandard.CH721 Control Unit IAntenns.700/gOOMHL3dB Gain.Roof Mount ,Installation and Proerammine ICRr Fire Rosen ►ortables I Feature.Max(1024+1 Svstem/Groups I Festure.ProStan Roam w/Priority Sys Sun I Feature'ESKIP25 Personaltty lock I Feature Padkaae.P25 Trunkine & ProVdta 1Ootlon.Immersibie Radio Operation 16atterv.NIMH.Extra Hieh Csoadty IAntennaAO6.870MHzJ1exible End -Fed Gain ,Mk —hone.Laoel/Antenna Provisim larareer.Trt-ChemistrvSinek.P7200 ICaseStnd.Leather.Belt Loon & Swivel 1 Proerammina ICkr Lie Ream Cherau.TrW3 rnjoevA*.L P7200 ipp Pollea Dmareomat nahue Control Stations IMobile.M7300.DES.764.870MHLHalf Duo,ex I Feature,P-5— Roam w/Priority Svs Son I Feature-Ma)d1024+1 Svstem/Grouos 1 Feature. EDACS Security Kev (Feature Padwee.PZS Trunkine & ProVdce I Oesktoo Station.CS-7000.Loo1/Remote ICpnrd Unit CH721Stan.Front Mount IMleoohone.DesMoo.M7300.CH-721 CU :1Brac ket Kh.Rack Mount.CS-7000 A-R66M HZ.606 1861n One" Rack with Shelves lCable.CAN.2SOR IMountina Hardware 1lummrs and Connectors ITransmisslon Una ,Contra, Head Power Suoolv (Remote) IGroundim Hardware I Installation and Proarammim I I I I lUnitaals ITolal Sale I $I1AI4.261 S11A14.2 $9.494.261 "AN 2 0 Exhibit A City . IN/A ICkv Palm Deoertment control Station I 59 863.261 I I Mobile. M7300.DES.764,870MH1.Half Duolet I I IFeatum.ProSon Roam w/PrlorRv Svs Scan I I I IFeature.Maa110244) Svrtem/Groom I I I Ieeatum. EDACS Security Rev I i I [Feature Patkaae.P25 Trunkina & Provoke I I I I Desktop Statlon.CS-7000.Local/Remote 1 I I IControl UnICCH721SC—Front Mount 1 I I I Mkr—hone,Desktoo.M7300.CH-721 CU 1 I I IANTENNA.YAG1.806,866MHZ.6DB 1 I I IMountinware e Hard1 I I Ilumoars and Connectors I 1 I ITransmissloo line 1 1 1 IGroundlna Hardware t I I Ilnsta0atlon and Proerammine 1 I 12 late PeMro Dewrhnent MobBes I 54,479.091 I I Mobil.M7300.13EL764.870MHLHaH Dueler I I I I..M.ProSm Roam w/Prledb Svs Scan 1 I I IFesture.Maa(1024+1 S.M—Mrouos I I 1 [Feature. EDACS Security Kev [ I I [Feature Packare.P25 TrunkMe & ProVoke I 1 1 IControl UoltCH721Scan.Ra pore Mount I I I IAccessorles,M7300 Remote Mount I I I I Microohorm3tandard.a1721 Control Unit 1 I 1 lAMenna.700/SWMHL3dB Gain.Roof Mount I I I linstalla0on and Proarammira I I @r PoOw OeDES.P7 5 Poreablea/Erlrirdbra Betterrl I $1,088.651 Portable.64B-DES,P7250,764-i70MHL5nn 1 I Fertum.Mad1024+) Svstem/Groups I I I I Feature.ProScan Ro Plasm w/PrWw Svs Scan I I I I Fe tum.ESK/P25 Personalkv LodI 1 1 1 Feature Pack—P25 Trunkine & ProVolo I I 1 IAntenna.806470MNLFleaible End -Fed Gain I I I IMlaoohone.laoel/Antenns Provision I I I I Earohone.taoel Miaochone I 1 I Iaramer.Td-Chernls,trv,Slnale.P7200 1 I I ICaseStnd,leather.Bell taco & Swivel 1 1 1 IPrommmine I I 10 ITE 3200MM U4om Sattery for CNe PoNce Daeertmerrt PorteMp 1 $62.401 12 late Peb Ck—.Td42.smrw.8-Peck. P7200 1 $59R251 I 1 1 Ow Pubbc works Mo1,4s l 53,99534I Moblle,M7300.764-870MHLHatf Dplx.No Enc I I Featum.ProSon Roam w/Pricrib Svs Scan I I I I Ferture. (2024+1 Wsrem/Groups I I I I Feature. EDACS Sacuritv Kev I 1 1 I Feature Padoae.P25 Tmnkine & ProVoice 1 I I IControlUnitCH7ZLSon.Front Mount 1 I I IAcossories_M7300 Front Mount l 1 oo I I MlahaneStandard.CH721 Control Unit I I I IA-nna,700/8WMHt3d8 Gain.Roof Mount I I I Iinsta zon and Proammmim I I 0 late Prtb3e Works Portables I $3,227 391 Portable,P5250.ProVoke.764-870MH2 1 I Featum.ESK/P25 Personality lock I 1 I I Feature, ProRoam(ProSon/PrlorWAvs5nn) 1 I I I Fe-ture512 EDACS Svs/Gms 1 I I I Battere.NiMH.Eada HI Caoadtv.DR I I I 10taser.TrlthemWrvSinale.PS100/PS200 I I I lAntenna.806-970MHLFleaible End -Fed Gain I I I I Mlaoohone.laoel I I I ICaseStnd.Leather.Beh t000 & Swivel I I I IProarammina I I $346,763.46 1-3. oc • • & City of Okeechobee SS SE 3"d Av Okeechobee FL 34974 2932 Office of the City Administrator Brian Whitehall Ph 863-763 3372 Fax 763-1686 email: bhitehall(i�citvofokeechobee.com *****Memorandum ***** '87916 � Date: November 3, 2009 TO: Mayor & City Council, City Staff FR: Adm Whitehall RE: SLERS (Radio system purchase) Exhibit 10 (MOU for SLERS) to the Agenda has been changed to incorporate Atty Cook's request for further clarification on the termination clause. Sect'n 7 of said Agreement has the following added: `This provision shall not be construed to prevent the Agency from terminating this agreement after system activation in conjunction with termination of its Wireless Services Agreement with the Provider and ceasing to use the SLERS system. At such time as the Agency ceases to use the tower or tower equipment, it shall have no further obligation to pay its pro-rata share of the annual tower and tower equipment maintenance costs. ' 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 ('VMS") to add a specified number of radio units to the SLERS system; and WHEREAS, both the County and the Agency have, or will, enter into a Wireless Services Agreement with Harris Corporation, the state authorized provider of equipment 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 ofsuch 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: 1. 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% of the Agency's equipment with the Agency being responsible for the balance. Additionally, the Agency will be responsible for its pro-rata share of the system [7000-82474.WPD] Statewide Law Enforcement Radio System (SLERS) 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 ofan 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. That the County's obligation to fund the Agency's equipment purchase and installation under this Agreement shall not exceed the amount shown in Exhibit "A" without the further approval ofthe 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 ofannual 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. This provision shall not be construed to prevent the Agency from terminating this agreement after system activation in conjunction with termination of its Wireless Services Agreement with the Provider and ceasing to use the SLERS system. At such time as the Agency ceases to use the tower or tower equipment, it shall have no further obligation pay its pro-rata pro-rata share ofannual {7000-82474.WPD] RETURN TO: Office of the City Clerk City of Okeechobee 55 Southeast V Avenue Okeechobee, FL 34974 LCHIBIT 11 AbV 3, 2009 PARCEL I.D. NO. 3-28-37-35-0050-00460-0010 WARRANTY DEED THIS WARRANTY DEED, made this day of , 2009, by G4 LAND & CATTLE COMPANY, hereinafter called the "GRANTOR" to: CITY OF OKEECHOBEE, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter called the "GRANTEE"; 55 SE 31 Avenue, Okeechobee, Florida, 34974; . WITNESSETH: That the GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00), and other valuable considerations, the receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the GRANTEE all that certain land situate in Okeechobee County, State of Florida, via: PARCEL "B": THE SOUTH 2O.00 FEET OF THE NORTH 23.00 FEET OF LOTS 4 AND 7, BLOCK46, FIRSTADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA, TOGETHER WITH THE VACATED ALLEY LYING ADJACENT TO THE SOUTH 2O.00 FEET OF THE NORTH 23.00 FEET OF SAID LOTS 1 AND 7, ACCORDING TO THE SURVEY AND DESCRIPTION PROVIDED BY TRADEWINDS SURVEYORS AND MAPPERS, INC. DATED OCTOBER 13, 2009, JOB #23240 ATTACHED HERETO AND INCORPORATED HEREIN BYREFERENCE. THAT this parcel is dedicated and accepted for public use and future development in the discretion of the City of Okeechobee: TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the GRANTORS hereby covenant with the said GRANTEES that the GRANTORS are lawfully seized of the said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, including taxes accruing subsequent to December 31, 2008, and through': date of recording of this Instrument which remains the obligation of GRANTOR... Page 1 of 4 IN WITNESS WHEREOF, the said GRANTORS have signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: (Witness Signature) G-4 LAND & CATTLE COMPANY Keith A. Goodbread, President (Witness Printed Name) (Witness Signature) G-4 LAND & CATTLE COMPANY Mark E. Goodbread, Secretary (Witness Printed Name) STATE OF FLORIDA COUNTY OF OKEECHOBEE HEREBY CERTIFY that on this day, before me, an officer duly authorized to take administer oaths and take acknowledgments, personally appeared Keith A. Goodbread. President. and Mark E. Goodbread. Secretarv. ofQ-g -AND & CATTLE COMPANY, is personally known to me, or who produced as identification, known to me to be the person described in and who executed the foregoing instrument, who is an authorized officer of said corporation, and who acknowledged before me that he executed same, and an oath (was) (was not) taken. WITNESS my hand and official seal in the County and State last aforesaid this day of 2009. Notary Public My Commission Expires: Page 2 of 4 0 • DESCRIPTION: EXHIBIT "A" SHEET 1 OF 1 PARCEL "A" - LOTS 1, 2, 3, 7, 8, 9 AND.. THE NORTH 8.50 FEET OF LOTS 4 AND 10, BLOCK 46, FIRST ADDITION TO SOUTH OKEECH66EE, 'ACCARDIRG:•TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBL'IC 12ECORDS OF OKEECHOBEE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 23.00 FEET OF SAID LOTS 1' AND 7, TOGETHER WITH THE VACATED ALLEY LYING ADJACENT TO SAID LOTS 1, 2, 3. 7. B. 9 AND THE NORTH 8.50 FEET OF LOTS 4 AND 10. LESS AND EXCEPT THE NORTH 23.00 FEET OF SAID LOTS 1 AND 7. PARCEL "B" THE SOUTH 2O.00.FEET OF THE NORTH 23.00 FEET OF LOTS 1 AND 7, BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBUCRECORDS OF OKEECHOBEE COUNTY, FLORIDA, TOGETHER WITH THE VACATED ALLEY LYING ADJACENT TO THE SOUTH 2O.00 FEET OF THE NORTH 23.00 FEET OF SAID LOTS 1 AND 7. PROJECT SPECIFIC NOTES; (1) THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY, IT IS A SKETCH AND LEGAL DESCRIPTION ONLY. (2) NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE FOR EASEMENTS, DEED RESTRICTIONS, ZONING SETBACKS, RIGHTS —OF —WAY OR ABANDONMENTS. (3) REPRODUCTIONS OF THIS DRAWING ARE NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE .SIGNING SURVEYOR. (4) REFERENCE SURVEY. SURVEY IS BASED ON BOUNDARY SURVEY PREPARED BY THIS OFFICE, DRAWING.NUMBER 21412, SHEET 1 OF 1, DATED 11/01/07. (5) BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH RIGHT —OF ---WAY LINE OF S.W. 21ST STREET, TAKEN TO BEAR SOUTH 89'59'58" EAST. (6) THE SURVEY' DEPICTED. HERE IS NOT COVERED BY PROFESSIONAL UABIUTY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF -THE SIGNING PARTY OR PARTIES. FLORIDA LICENSE NO. 4820 PROFESSIONAL SURVEYOR AND MAPPER KENNETH A. BREAUX, JR. PSM SKETCH OF DESCRIPTION TRADEWMS PREPARED Fak BRAD GOODBREAD Surveyors & Mappers, lue. BMW, ON 1 DWD. IWE 1 eY 1 pt enue PREPARE EXHIBIT 1 10/13/09 I we { KAB 200 ho e, 3497 I I Okeechobee, FL 34974 Tek (883) 783—E8B7 Fe/Po: FILE I SCALE N/A Fa= (883) 769-4942 M Na 23240-1 I Joe Na 23240 8maff twpAembergmaiLoom Page 3 of 4 e— N Dowtpr // I I 41.4;' 1 7 � �I S. W. 2N0 AVENUE r (wwZrRa-) T 0 N 00;3527" W 13542' _ --� 3d� �y FA f� m ^O v 1 IN o I R 1d mArim Atc.Fr (wrAw) 0 4 A 1In Io � rn ca � rvv a u � T- is M � � E N 41.4J' l I S lJ03B�9 E U S 00;3679" E 135.28' —2 Q U.S HIGHWAY 441 — STA7E ROAD 15 (PARROTT AVENUE)_ — rmP mr Raw) row &w �0 .Q0 LXHIBII "A" SHEET 2 OF 2 SKETCH OF DESCRIPTION TRADEWINDS PREPARED FOR: BRAD GOODDREAD Surveyors & Mappers, Inc. DESCRIPTION I DWG. DATE I 8Y I )C' PREPARE EXHIBIT 10/13/09 I WC I KAKI ke 3.W. e, . erme3497 : Okeechobee, FL. 28874. Tel: (883) 783-2887 FO/PG; FILE I scALE: 1" a 50' Fax: (883) 783-4342 DWD Na 23240-1 JOB NO. 23240 � Email: twps®embargmaA.00m. Page 4 of 4 • • Eknim 12 Abv 3, 2009 OKEECHOBEE MAIN STREET INC./CITY OF OKEECHOBEE/CRA AGREEMENT THIS AGREEMENT is entered into between OKEECHOBEE MAIN STREET, INC., (hereinafter referred to as "OKMS"), the CITY OF OKEECHOBEE (hereinafter referred to as the "CITY", and THE COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as the "CRX). WHEREAS, OKMS has demonstrated special expertise in promoting the economic, physical and aesthetic redevelopment and maintenance of the downtown area, and these activities are directly and indirectly related to implementing the Downtown Redevelopment Plan; therefore, for mutual consideration, the parties hereby agree as follows: 1. Term of Agreement. The term of this agreement shall be for the period of one year, from October 1, 2009 through September 30, 2010. This Agreement may be extended on an annual basis by mutual agreement including, but not limited to, negotiation/agreement of compensation. 2. Scoae of Services. OKMS and its Executive Director shall devote their best professional efforts towards the following: a. Provide assistance to the CITY, when solicited, for CRA administration where OKMS resources allow and are applicable. b. Maintain an inventory/data base of occupied and vacant properties in the Local Program Area (LPA), to be updated quarterly. Information relating to vacant properties will be reported by address. C. Actively recruit new business development for the LPA and maintain records of contacts and promotion. d. Promote awareness of the downtown community through production and management of promotions including but not limited to, the Annual Lighting Ceremony and any other special events to be planned in the future by the CITY. 3. Compensation. The CITY agrees to pay OKMS, from its General Fund, a fee of $15,000.00 for contract year ending September 30, 2010. Any monies to be appropriated by the CITY to OKMS after the contract year mentioned above are subject to annual allocation during the budget process. a. The CITY agrees to provide in -kind services for road closings for the various events throughout each year of this contract. b. The CITY agrees to provide postage up to $100 per month, not to be carried over from month -to -month, for Main Street mailings handled by the City staff. 4. Regortinq. OKMS shall deliver a statement of activities to the City, through monthly reports provided to the City Finance Department. These reports shall include detailed information regarding projects undertaken and downtown vacant property status. 5. Indemnification. OKMS shall indemnify and hold harmless the CITY from any loss cost of claim of damages, if such loss, cost or claim of damages is caused by the negligence of OKMS or its officers, agents or employees acting within the scope of their employment. This Agreement may be terminated by the CITY if OKMS fails to maintain general liability insurance in a minimum amount of $100,000.00 per claimant and $200,000.00 per occurrence. 6. Termination. This agreement may be cancelled by either party upon thirty (30) days written notice to the other. Any funds to be appropriated by the CITY to OKMS are subject to annual allocation during the budget process. OKMS shall hold the CITY harmless from enforcement of such funding, in the event the CITY, in its sole discretion, should determine that future funding is not financially feasible. In the event this agreement should be terminated during the Fiscal Year of the CITY, OKMS shall not be liable to return or pro -rate any funding previously approved and advanced to OKMS by the City Council. SIGNED BY OKEECHOBEE MAIN STREET, INC., this day of 2009. By: Maureen Burroughs OKMS President SIGNED BY CITY OF OKEECHOBEE this day of 2009. By: ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor 0 • DMIBIT 13 GENERAL FUND - CITY OF OKEECHOBEE RECAPrrULATION - REVENUE AND EXPENSES 9/30/2009 1 F/Y Beginning Fund Balance REVENUES 97% AD VALOREM 6.7432 OTHER FEES INTERGOVERNMENTAL CHARGES FOR SERVICES FINES, FORFEITURES & PENALTIES USES OF MONEY & PROPERTY OTHER REVENUES TOTAL REVENUES EXPENDITURES LEGISLATIVE EXECUTIVE CITY CLERK FINANCIAL SERVICES LEGAL COUNCIL GENERAL SERVICES LAW ENFORCEMENT FIRE PROTECTION ROAD & STREET FACILITIES VEHICLE - CAP PROJECTS FUND TRANSFE TOTAL EXPENDITURES TRANSFERS - IN 1CDBG Fund (Transfer -In) Impact Fees Capital Project Impr (Transfer -In) Public Facilities Improvement (Transfer -In) TOTAL TRANSFERS - OUT CDGB - Indust Pk Capital Project Building & Improvements Capital Project Vehicle TOTAL FISCAL YEAR ENDING FUND BALANCE 2008-2009 AMENDED $ 9,142,0161 $ 2,161,691 1,407,202 1,094,824 475,364 30,280 71,500 196,720 5,437,681 150.239 166,346 186,953 204,339 125,432 487,075 1,816,437 1,235,345 1,070,188 5,442,354 1,725 337,929 339,664 2008/2009 BUDGET PROPOSED TO BUDGET $ s $ $ s $ 6,934,489 1 $ $ 118,452 1 $ $ 7,052,941 1 $ 1 $ 2,428,729 1 $ 9,142,0161 2,131,154 1 $ 1,472,752 1 $ 1,032,297 $ 509,637 1 $ 33,049 1 $ 31,657 1 $ 164,991 1 $ 5,376,637 1 $ 1 143,134 1 $ 159,614 1 $ 176,837 1 $ 198,422 1 $ 148,499 1 $ 459,277 1 $ 1,780,754 1 $ 1,218,875 1 $ 1,038,344 1 $ 1 5,323,766 1 $ I I I 1 I (7,632)1 1,7251 337,9291 332,0221 1 I I 6,934,4891 118,4521 7,052,941 1 2,804,9001 (30,537) 65,550 (62,527) 34,273 2,769 (39,843) (31,729) (31,507) (7,105) (6,732) (10,116) (5,917) 23,067 (27,798) (35,683) (16,470) (31,844) (118,598) Abv 3, 2009 Is �� 13 MEMORANDUM `�euiSec� To: Mayor and Council Members From: Brian Whitehall, City Administrator India Riedel, Finance Dept. RE: End of Year Budget Adjustments Date: November 3rd, 2009 • Please note, the Summary Page (page 1) reflected an error in the calculation of the difference in Revenues from the previous amended budget to the proposed budget. • Revenues updated based on receipted amounts. Account receivable amounts should increase actual totals; some will come in as late as December. • Actual dollars spent in each department were less than budgeted. General Fund Expenses based on this amended budget is a 2 % decrease, from budget and a 6 % decrease of expenditures from last year. • Amending the proposed adjustments of the Impact Fee and Capital Improvement Funds Page 1 IGENEFIAL FUND - CITY OF OKEECHOBEE RECAPITULATION - REVENUE AND EXPENSES 19/30/2009 1 F/Y Beginning Fund Balance REVENUES 197% AD VALOREM 6.7432 I $ (OTHER FEES I $ (INTERGOVERNMENTAL $ ICHARGES FOR SERVICES I $ IFINES, FORFEITURES & PENALTIES I $ (USES OF MONEY & PROPERTY I $ (OTHER REVENUES I $ 1 TOTAL REVENUES I $ I 1 EXPENDITURES I ILEGISLATIVE I $ EXECUTIVE ) $ ICITY CLERK $ IFINANCIAL SERVICES I $ LEGAL COUNCIL I $ GENERAL SERVICES I $ LAW ENFORCEMENT I $ IFIRE PROTECTION I $ ROAD & STREET FACILITIES I $ VEHICLE - CAP PROJECTS FUND TRANSFER TOTAL EXPENDITURES I $ ITRANSFERS - IN ICDBG Fund (Transfer -In) Impact Fees Capital Project Impr (Transfer -In) Public Facilities Improvement (Transfer -In) I TOTAL TRANSFERS - OUT ICDGB - Indust Pk (Capital Project Improvements Fund TOTAL I I FISCAL YEAR ENDING FUND BALANCE $ 2008-2009 2008/2009 BUDGET AMENDED PROPOSED TO BUDGET $ 9,142,016 $ 9,142,016 2,131,154 I $ 1,472,752 $ 1,032,297 $ 509,637 I $ 33,049 I $ 31,657 I $ 164,991 I $ 5,375,637 $ 143,134 I $ 159,614 I $ 176,837 Is 198,422 I $ 148,499 I $ 459,277 I $ 1,780,754 I $ 1,218,875 I $ 1,038,344 I $ 5,323,756 $ I I I (7,632)I 1,7251 337,929 I 332,022 I $ 7,052,941 I $ 7,044,941 I $ 7,052,941 I $ 7,044,941 I 2,161,691 1,407,202 1,094,824 475,364 30,280 71,500 196,720 6,437,581 150,239 166,346 186,953 204,339 125,432 487,075 1,816,437 1,235,345 1,070,188 5,442,354 1,725 337,929 339,654 I I I $ 2,428,729 I $ 2,812,900 I (30,537) 65,550 (62,527) 34,273 2,769 (39,843) (31,729) (62, 044) (7,105) (6,732) (10,116) (5,917) 23,067 (27, 798) (35,683) (16,470) (31,844) (118,598) Page 1 Page 2 ° GENERAL FUND - CITY OF OKEECHOBEE (RECAPITULATION - REVENUE AND EXPENSES 1 �f3Cr2QC)91 I i I 2008/2009 1 2008.02009 1 BUDGET I AMENDED I PROPOSED TO BUDGET I I 1FN BEGINNING FUND BALANCE I 1 $ I 9,142,0161 I 1 REVENUES I I i I I I TAXES: 1311-1000 197% AD VALOREM 94 6.7432 1 $ 2,161, 691 1 $ 2,131,154 1 $ (30, 537) 1 ITOTAL 1 $ I 2,161,691 1 $ 2,131,1541 $ (30,537) I 1 (OTHER FEES: I I 1312-5100 1Fire Insurance Premium 1 $ 59,520 1 $ 51,613 1 $ (7,907) 1312-5200 ICasualty Insurance Prem Tax (Police) 1 $ 121,320 1 $ 83,891 1 $ (37,429) 1001-323.10IFranchise-Electric 1 $ 402,951 1 $ 438,822 1 $ 35,871 1323-7000 (Franchise -Solid Waste 1 $ 67,009 1 $ 85,130 1 $ 18,121 1314-1000 (Utility Tax -Electric 1 $ 360,700 1 $ 406,557 1 $ 45,857 1314-2000 1Utility Tax/Franchise Telecommunications 1 $ 312,967 1 $ 317,871 1 $ 4,904 1314-8000 1Utility Tax/Propane I $ 27,729 I $ 26,612 1 $ (1,117) 319-0000 1Public Service Fee I $ 13,500 I $ 10,900 I $ (2,600) 320-000 1Taxi Cab I I I $ - 321-0000 1Prof & Occupational License I $ 41,356 I $ 51,356 i $ 10,000 321-1000 1Bus. Prof.. Occu. Req Fees I $ 150 I I $ (150) 1 ITOTAL 1 $ 1,407,202 1 $ 1,472,7521 $ 65,550 I I INTERGOVERNMENTAL REVENUES: I I I I 1335-1210 I ISRS Cigarette Tax I 1 $ I 184,916 1 $ I 184,916 1 $ - 1335-1400 (Mobile Home Licenses 1 $ 28,637 1 $ 28,174 1 $ (463) 1335-1500 (Alcoholic Beveraqe Licenses 1 $ 4,850 1 $ 4,975 1 $ 125 1335-1800 11/2 Cent Sales Tax 1 $ 302,380 1 $ 278,665 1 $ (23.715) 1312-6000 11 Cent Sales Surtax 1 $ 569,441 1 $ 527,332 1 $ (42,109) 1335-2300 1Firefighters Supplement 1 $ 600 1 $ 600 1 $ - 1338-2000 (County Business Licenses 1 $ 4,000 1 $ 7,635 1 $ 3.635 1 I ITOTAL I 1 $ 1,094,824 1 $ 1,032,297 1 $ (62,527) (CHARGES FOR CURRENT SERVICES I I I I 1322-0000 I IBuildina & Inspections Fees I I $ I 89,411 1 $ I 95,861 1 $ 6,450 329-0000 1Plan Review Fees I $ 20,253 1 $ 17.539 1 $ (2,714) 322-1000 1 Exception & Zoninq Fees 1 $ 15,5001 $ 16.141 1 $ 641 341-2000 IAllev/Street Closinq Fees 1 $ 5001 $ 500 1 $ - 341-3000 (Map Sales 1 $ 100 1 $ 20 1 $ (80) 341-4000 (Photocopies 1 $ 50 1 $ 26 1 $ (24) 1343-4010 1Solid Waste Collection Fees-Resd. 1 $ 349,5501 $ 379,550 1 $ 30,000 1 I I I I I I I I I I I I I I I ITOTAL I I I I I I I I I I I I I I I 1 $ I I I I I I I I I I I I I I I 475,364 1 $ I I I I I I I I I I I I I I I 509,6371 $ I I I I I I I I I I i I I I I 34,273 Page 2 Page 3 " GENERAL FUND - CITY OF OKEECHOBEE IRECAPITULATION 1 9/30/20091 I I I I I I I I I I FINES, FORFEITURES & PENALTIES: I 1351-1000 I 1Court Fines 1351-2000 1Radio Comm. Fee 1351-3000 1Law Enforcement Education 1351-4000 1Investigation Cost Reimbursement 351-5000 1Unclaimed Evidence 354-1000 (Ordinance Violation Fines I I TOTAL I - REVENUE AND EXPENSES USES OF MONEY & PROPERTY: I I 1361-1000 1Interest Earnings 1 361.31Investment Earnings 1364-1000 1Surplus City Property 1, I TOTAL I I (OTHER REVENUES: 1 1 1334-2000 (Public Safety Grant 1334-3000 (Special Purpose Grant 1343-9000 1DOT Hwv Maint.Landscape/Mowinq 343-9100 I DOT Master Traffic Signals Maint. 343-9200 (DOT Maint. Lights & Lights Contract 369-1000 I Miscellaneous 369-3000 1Code Enforcement Fine 369-3000 1 Police Accident Reports I TOTAL I I (OPERATING TRANSFER -IN: I (Capital Proiect Improvements (Transfer -In) ICDBG Fund (Transfer -In) 1381-1000 1Public Facilities Improvement (Transfer -In) I I TOTAL I I OPERATING TRANSFERS - OUT ICDGB - Indust Pk I (Capital Project Building & Improvements 1 (Capital Project Vehicles I I TRANSFERS OUT (TOTAL REVENUE & OTHER FUNDING SOURCES I I I I 2008/2009 1 2008/2009 1 BUDGET AMENDED+PROPOSED+TO BUDGET I I I 22,680 1 $ I 22,680 ( $ - 5,0001 $ 6,271 1 $ 1,271 1,500 1 $ 2,692 1 $ 1,192 1,000 1 $ 1,166 I $ 166 -1$ -1$ - 100 1 $ 240 1 $ 140 30,280 1 $ 1 33,049 1 $ 1 2,769 I 71,500 1 $ I 71,038 1 $ (462) 1 $ (39,381)1 $ (39,381) 1 1$ - 71,500 1$ 31,6571 $ (39,843) 21,05 49,214 21,00 6,99 16,81 79,714 1,42 50 196,72 1,72 $ 337,929 $ 339,6 $ 6,934,48 $ 118,45 $ 7,052,941 (TOTAL PROPOSED REVENUES AND BALANCES I I I I 1 I I I I I I I I I 7 I I I I I $ 21,057 I $ 3 0 7 5 0 0 5 4 1 $ 44,375 I $ (4,839) I $ 21,003 I $ - I $ 7,416 1 $ 426 I $ 18,292 I $ 1,475 I $ 50,522 I $ (29.192) I $ 1,525 I $ 100 1$ 8011$ 301 ( $ 164,991 1 $ (31,729)' I I I $ -1 $ (1,725) I 1$ -I I $ 306,067 1 $ (31,862)1 54 1 $ 306,067 1 $ (33,587)1 I I I I I I 9 1 $ 6,934,4891 2 1 $ 118,452 1 1 $ 7,052,941 1 1j I I I I I I I I I I I I I I I I I I I I Page 3 Page 3 Page 4 I Worksheet #: 11 I I Edited Date: 191=2009 I 1 Edited BY: I India Riedel I I I (PERSONNEL COST: I I I 1 1100 (EXECUTIVE SALARIES 1 1 1200 IREGULAR SALARIES 1 1 1201 HHOLIDAY PAY 1 1202 [OFF HOLIDAY PAY 1 1 1300 1 OTHER SALARY 1 1 1400 1 OVERTIME 1 1 1401 IOVERTIME PAY/ANNUAL & SICK 1 1 1402 IDISPATCHEROVERTIME 1 1 1403 (OFFICERS OVERTIME PAY 1 1 1501 (AUX]LIARY & VOLUNTEER PAY 1 1 1510 (LONGEVITY/SERVICE INCENTIVE 1 1 1520 (OFFICERS LONGEVITY/SERVICE 1 1 1540 ICAREER EDUCATION 1 1 2100 IFICA 1 2200 IRETIREMENT 1 1 2300 ILIFE AND HEALTH INSURANCE 1 1 2400 ]WORKERS COMPENSATION 1 1 2500 (UNEMPLOYMENT TAXES 1 I I ITOTAL PERSONNEL COSTS: I SUPPLIES AND OTHER SERVICES: 3100 (PROFESSIONAL SERVICES 3102 1PROF SERVICES (PHYS FOR SCBA) 3103 ]MUNICIPAL CODE & WELLNESS PR 3200 (ACCOUNTING & AUDIT 1 3300 ILEGAL COST 1 3400 IOTHER CONTRACT SERVICE I TOTAL SUPPLIES AND OTHER SERVICES TOTAL COST: S 20082009 1 2008/2009 AMENDED I PROPOSED 460.0821 459.9591 1.865,1691 1,853,2041 21.5911 21,5551 25.0681 25,0651 78,4531 72.6671 36,1921 29,0751 44,8241 45,3231 9.9021 6,9771 64,0001 55,6661 12.4201 11,9681 1.5001 1,5001 2501 2501 116001 12,5981 200.5861 197,0801 361,3231 371,3111 329.9451 327.4021 81,4541 80,3611 01 01 3,605,3591 3,571,961I 295,1581 257,1641 4,0001 3.6451 7,6001 7,7741 31,1001 28,8001 75,0001 100,4451 159,0221 146.3801 342,6641 346,5981 31,0501 21,8681 51.9061 45.1741 65.2311 60,6101 16,7151 16,7901 130.7561 133,6451 30.0101 23,7261 101.1401 54,0281 2,5001 2,2961 20,0001 13,6001 27,9661 17,2381 7,5001 4,1611 3,0001 2,0321 14,0001 12,8581 11,7751 7,4981 14,7161 11,6811 3,5001 3,2011 2,0001 1,6061 40,3321 40,2221 80,5901 86,3881 11,0001 9,8841 23,2751 20,6881 7,0001 6,4061 1,0001 8591 01 01 10,4001 14,5031 11,8001 9,9991 49.1241 35,4691 57.6911 108,0851 01 01 35,3121 35,3121 9,0741 9.0741 8,0001 8.0001 20,0001 20,0001 9.0981 9,0881 15,0001 15,0001 IA36,9951 1,751.7951 I 5,442,3541 5,323,7561 BUDI�Gr'l' I TO BTJDGETd 1 -1231 -11,9651 -361 -31 -5,7861 -7,1171 4991 -2.9251 -8,334 -452 01 01 -21 -3.5061 9,9881 -2,5431 -1.0931 01 1 -33,3981 I -37,9941 -3551 1741 -2,3001 25,445 -12,642 3,934 -9,1821 -6,7321 -4,6211 751 2,8891 -6,2841 -47,1121 -2041 -6,400I -10,7281 -3,339I -968I -1,1421 -4,2771 -3,0351 -2991 -394I -110 5,798 1,116 -2,587 -594 -141 0 4,103 -1,801 -13.6551 50.3941 01 01 of 01 01 01 01 -85.2001 i -118,598� Page 4 Page 5 GENERAL FUND EXPENSE LINE ITEM DETAIL Worksheet #: 11 I Edited Date: 19/30/2009 it Edited By: IIndia Riedel 2008/2009 1 2008/2009 AMENDED ( PROPOSED PERSONNEL COST: I 1100 (EXECUTIVE SALARIES 1 361001 36150 1510 (LONGEVITY/SERVICE INCENTIVE 1 7501 750 2100 (FICA 1 27621 2796 2200 I RETIREMENT 1 34521 3654 2300 (LIFE AND HEALTH INSURANCE 1 169451 16535 1 2400 I WORKERS COMPENSATION 1 2071 207 1 TOTAL PERSONNEL COSTS: 1 1 602161 60092 1 1 SUPPLIES AND OTHER SERVICES: 1 1 1 3400 1OTHER CONTRACT SERVICES 1 30,0001 25,007 1 4000 1 TRAVEL AND PER DIEM 1 24001 1345 4100 1COMM. & FREIGHT 1 2501 250 1 4500 (INSURANCE 1 25851 2598 1 4901 I EDUCATION 1 5001 150 1 4909 I MISCELLANEOUS 1 10001 495 1 5400 (BOOKS, PUBLICATIONS, ETC 1 12001 1109 8100 I SHARED SERVICES 1 80001 8000 1 8200 (AID TO PRIVATE ORGANIZATIONS 1 200001 20000 1 8201 1INTERLOCAL PART. w/IRCC 1 90881 9088 1 8202 (ECONOMIC DEV. GRANT 1 150001 15000 1TOTAL SUPPLIES AND OTHER SERVICES 1 90,0231 83,042 I TOTAL COST 1 150,2391 143,134 I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Page 5 Page 6 GENERAL FUND Worksheet #: 11 Edited Date: 19/30/2009 Edited By: IIndia Riedel PERSONNEL COST: EXPENSE LINE ITEM DETAIL I 1100 1EXECUTIVE SALARIES 1200 IREGULAR SALARIES 1510 1LONGEVITY/SERVICE INCENTIVE 1 2100 IFICA 2200 IRETIREMENT 2300 ILIFE AND HEALTH INSURANCE 1 2400 I WORKERS COMPENSATION TOTAL PERSONNEL COSTS: SUPPLIES AND OTHER SERVICES: 4000 ITRAVEL AND PER DIEM 4100 ICOMM. &FREIGHT 4500 JNNSURANCE 4600 JR&M VEHICLES 4609 JR&M EQUIPMENT 4901 JEDUCATION 4909 IMISCELLANEOUS 5100 1OFFICE SUPPLIES 5200 1OPERATING SUPPLY 5201 IFUEL AND OIL 5400 IBOOKS, PUBLICATIONS, ETC 6400 1EQUIPMENT ($750 OR MORE) TOTAL SUPPLIES AND OTHER SERVICES TOTAL COST: 2008/2009 2008/2009 AMENDED PROPOSED 79,4621 79,335 33,4231 33,672 01 0 8,6741 8,806 12,6491 12,649 10,5001 10,429 5571 557 1 1454651 145,448 2,5001 1,462 4,5801 3,303 3,2851 3,303 4001 400 1,7001 1,350 1,5001 250 5001 70 1,1161 756 1,5001 802 1,5001 1,109 1,5001 1,361 1,0001 21,0811 14,166 166,346 159,614 � I Page 6 Page 7 GENERAL FUND Worksheet #: 11 Edited Date: 19/30/2009 Edited By: lIndia Riedel EXPENSE LINE ITEM DETAIL *L071X';V I I J,`LLC1' IVA ad,q PERSONNEL COST: 1100 EXECUTIVE SALARIES 1 1200 (REGULAR SALARIES 1 1300 1OTHER SALARIES 1 1510 LONGEVITY/SERVICE INCENTIVE 1 2100 IFICA 1 2200 I RETIREMENT 1 2300 ILIFE AND HEALTH INSURANCE 1 2400 1 WORKERS COMPENSATION TOTAL PERSONNEL COSTS: SUPPLIES AND OTHER SERVICES: 1 3103 IMUNICIPAL CODE 3400 OTHER CONTRACTUAL SERVICES 4000 TRAVEL AND PER DIEM 4100 COMM. & FREIGHT 1 4500 JINSURANCE 4609 1 R&M EQUIPMENT 4900 1ADVERTISING/OTHER CHARGES 1 4901 J EDUCATION 1 4909 IMISCELLANEOUS/ELECTION 5100 OFFICE SUPPLIES 5200 OPERATING SUPPLIES 1 5400 IBOOKS, PUBLICATIONS, ETC 6400 1EQUIPMENT ($750 OR MORE) 6401 IMICRO FILM EQUIPMENT TOTAL SUPPLIES AND OTHER SERVICES TOTAL COST: I I I I I I I I I I M I 2008/2009 2008t2009 AMENDED1PROPOSED 52,3051 52,305 32,4401 33,148 13,6951 13,067 2501 250 7,5361 7,483 9,5091 9,509 11,2001 10,995 3981 398 1 127,3331 127,155 3,5001 3,894 9,0001 8,800 4,0001 2,983 2,8501 2,582 3,9251 3,945 3,5701 4,159 20,0001 13,600 1,5001 1,100 5,7751 4,997 1,5001 1,263 01 315 2,0001 2,044 2,0001 0 01 0 59,6201 49,682 186,953 Page 7 Page 8 GENERAL FUND EXPENSE LINE ITEM I Worksheet #: 11 (Edited Date: 19/30/2009 (Edited BY: 1India Riedel 1PERSONNEL COST: 1 1100 1EXECUTIVE SALARIES 1 1200 (REGULAR SALARIES 1 1510 1LONGEVITY/SERVICE INCENTIVE i 1 2100 I FICA I 1 2200 I RETIREMENT 1 2300 1LIFE AND HEALTH INSURANCE 1 1 2400 I WORKERS COMPENSATION 1 1 2500 1UNEMPLOYMENT TAXES 1 I I TOTAL PERSONNEL COSTS: I SUPPLIES AND OTHER SERVICES: 3200 (ACCOUNTING & AUDIT 3400 1 OTHER CONTRACTUAL SERVICES 4000 ITRAVEL AND PER DIEM 4100 1 COMM. & FREIGHT 4500 I INSURANCE 4609 1 R&M EQUIPMENT 4901 I EDUCATION 4909 I MISCELLANEOUS 5100 ( OFFICE SUPPLIES 5200 ( OPERATING SUPPLY 5400 I BOOKS, PUBLICATIONS, ETC 6400 1EQUIPMENT ($750 OR MORE) TOTAL SUPPLIES AND OTHER SERVICES 1 TOTAL COST: I I !1 I I I I I I DETAIL 200&2009 1 2008/2009 AMENDED PROPOSED 37,7291 37,7291 64,0671 64,0671 01 0 7,8411 7,512 11,3451 11,345 16,3001 15,926 5871 1 587 1 137,8691 31,1001 2501 1,7501 3,1801 5,1901 9,9501 1,4001 2501 2,4001 9,3001 7001 1,0001 66,4701 1 1 204,339 1 I I I I I I I I i I I I I 137,166 28,800 1,960 2,769 5,217 8,507 1,381 10 1,811 8,981 625 1,045 198,422 Page 8 Page 9 (GENERAL FUND EXPENSE LINE ITEM I Worksheet #: 11 1 Edited Date: 19/30/2009 I 1Edited By: (India Riedel (PERSONNEL COST: TALL SERVICES & SUPPLIES: 2300 JHEALTH INSURANCE 3100 (PROFESSIONAL SERVICES 3300 (LEGAL COST 4000 (TRAVEL AND PER DIEM 4100 1COMM. AND FREIGHT SERVICES 4609 IR&M EQUIPMENT 4901 I EDUCATION 5100 (OFFICE SUPPLIES 5400 IMEMBERSHIP & SUBSCRIPTIONS ITOTAL SUPPLIES AND OTHER SERVICES (TOTAL COST: I I DETAIL I I I I I I 2008/2009 Revised 4,9001 41,4121 75,0001 7001 1,5001 2701 7501 4001 5001 125,4321 1 1 125,4321 1 1 1 I I I I I I I I I I I I I I I 2008/2009 PROPOSED 4,885 3,9,595 100,445 651 1,264 251 750 346 312 148,499 148,499 Page 9 Page 10 IGENERAL FUND EXPENSE LINE ITE M 424,4761 487,0751 1 I I I I I I 14, 3,795 325 182,368 110,660 3,585 2,895 11,865 5,974 15,353 108 2,500 250 250 1,945 2,290 166 51 397 Page 10 Page 11 GENERAL FUND EXPENSE LINE ITEM DETAIL BY DEPARTMENT Worksheet #: 11 Edited Date: 19/30/2009 Edited Bv: IIndia Riedel 1 PERSONNEL COST: 1 1100 (EXECUTIVE SALARIES 1200 IREGULAR SALARIES 1201 (HOLIDAY PAY 1202 (OFFICERS HOLIDAY PAY 1300 (OTHER SALARY 1400 OVERTIME 1 1403 (OFFICERS OVERTIME PAY 1501 IAUXILIARYPAY 1510 (LONGEVITY/SERVICE INCENTIVE 1520 (OFFICERS LONGEVITY/SERVICE 1530 1NNCENTIVE 1540 I CAREER EDUCATION 2100 IFICA 2200 I RETIREMENT 2300 ILIFE AND HEALTH INSURANCE 2400 IWORKERS COMPENSATION TOTAL PERSONNEL COSTS: SUPPLIES AND OTHER SERVICES: 1 3100 (PROFESSIONAL SERVICES 4000 ITRAVEL AND PER DIEM 4100 ICOMM. & FREIGHT 4300 (UTILITIES 4400 IRENTALS AND LEASES 4500 I INSURANCE 4600 IR&M VEHICLES 4609 1R&M EQUIPMENT 4700 IPRINTING 4901 I EDUCATION -RESTRICTED 4902 I EDUCATION - NON -RESTRICTED 4909 IMISCELLANEOUS 5100 1OFFICE SUPPLIES 5101 (DETECTIVE SUPPLIES 5102 (INVESTIGATION FEES 5200 (OPERATING SUPPLY 5201 IFUEL AND OIL 5202 IOPERATING SUPPLIES (TIRES) 5203 1 UNIFORMS/PATCHES 5400 (BOOKS, PUBLICATIONS, ETC 6400 1 EQUIPMENT ($750 OR MORE) 9300 (PUBLIC SERVICE GRANT 7000 (Principal -CAD System 7100 (Interest -CAD System (TOTAL SUPPLIES AND OTHER SERVICES I TOTAL COST: I I I I I I I I I I 2008/2009 I 2009/2009 AMENDED 1 PROPOSED 63,8361 63,9351 851,2351 840,235 01 400 25,0681 25,065 24,0001 17,4421 9,3001 6,4091 64,0001 55.6661 12001 1,200 01 0 2501 2501 01 01 12,0001 11,9981 80,9941 79,6511 203,5421 203.5421 143,3001 142,997 28,9001 1 28,307 1,507,6251 I I 1,477,097 I 21,4211 18,135 7,2001 6,839 20,2661 19,1211 16,7261 15,7881 6,9511 6,7541 37.2071 39,9451 8,1101 5,7031 8.0001 9,2051 2.0001 1,7961 5,8161 2,5401 6,0001 2,880 1,5001 546 5,0001 3,927 3,5001 3,201 2.0001 1,606 15,4411 15,400 49,5131 53,932 5,0001 4,582 10,2751 8,769 1,5001 1,2551 31,0001 37,3471 35,3121 35,3121 9,0741 9,0741 1 308,8121 I 1 303,6571 1 I 1,816,4371 I I I I I I I I I I I I 1,780,754 I I I I I i Page 11 Page 12 GENERAL FUND EXPENSE LINE ITEM DETAIL BY DEPARTMENT I Worksheet #: 11 I I (Edited Date: 19/30/2009 I I IEdited BY: IIndia Riedel I I 1"522�4~1RE�PROTIw1rrIG?N I 2008/2009 I I Revised I (PERSONNEL COST: I I I I I 1 1100 I (EXECUTIVE SALARIES 1 60,7601 1 1200 IREGULAR SALARIES 1 595,9011 1201 (HOLIDAY PAY I 21,5911 1 1300 IOTHER SALARY 1 25,0001 1 1400 (OVERTIME 1 21,8921 1 1401 IOVERTRAE PAY/ANNUAL & SICK 1 44,8241 1 1402 IDISPATCHER OVERTIME 1 9,9021 1 1501 1 VOLUNTEER PAY 1 11,2201 1 1510 1LONGEVITY/SERVICE INCENTIVE 1 5001 1 1540 ICAREER EDUCATION 1 6001 1 2100 (FICA 1 59,0151 1 2200 IRETIREMENT 1 72,7941 1 2300 ILIFE AND HEALTH INSURANCE 1 71,1001 I 2400 1 WORKERS COMPENSATION 1 31,5501 I 1 ]TOTAL PERSONNEL COSTS: 1 1 1 1,026,6491 I I (SUPPLIES AND OTHER SERVICES: I I I I 3100 I (PROFESSIONAL SERVICES I I 1 9,2001 1 3102 IPROF SERV (PHYS FOR SCBA) 1 4,0001 1 3103 I WELLNESS PROGRAM 1 4,1001 1 4000 (TRAVEL AND PER DIEM 1 6,0001 1 4100 ICOMM. & FREIGHT 1 9,7001 1 4300 (UTILITIES 1 14,6801 1 4400 (RENTALS AND LEASES 1 5,0001 1 4500 IINSURANCE 1 31,1841 1 4600 IR&M VEHICLES 1 17,0001 1 4609 1R&M EQUIPMENT 1 16,1001 1 4700 ]PRINTING 1 5001 1 4901 (EDUCATION 1 15,0001 1 4902 (PUBLIC EDUCATION &FIRE PREV. 1 1,5001 1 4903 (CODE ENFORCEMENT 1 14,0001 4905 ITRAINING & MATERIALS 1 3,0001 4909 IMISCELLANEOUS 1 7501 5100 1OFFICE SUPPLIES 1 1.5001 5200 IOPERATING SUPPLY I 11,0911 1 5201 IFUEL AND OIL 1 9,9001 1 5202 (OPERATING SUPPLIES (TIRES) 1 3,0001 1 5203 IUNIFORMS/PATCHES 1 7,5001 1 5400 IBOOKS, PUBLICATIONS, ETC I 3,5001 1 6400 (EQUIPMENT ($750 OR MORE) I 20,4911 ITOTAL SUPIIHealth Insurance Increase by 15% I 208,E%1 I 1 I I ITOTAL COST: I 1.235,3451 I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I l I I I I I 2008/2009 1 PROPOSED I I I 60,6331 '94,419 21,155 27,352 19,617 45,323 6,9771 10,7681 500 600 58,586 82,580 70,886 31,0501 1,030,4461 8.9661 3,6451 3,8801 2,497 8,7251 13,2651 3,599 31,184 14,947 15,5761 5001 0,482 1,281 12,858 2,0321 9981 1,377 10.842 11,5321 2,547 7,249 2,980 17,5671 199,429 1,218,875 Page 12 Page 13 GENERAL FUND EXPENSE LINE ITEM DETAIL I Worksheet #: 11 (Edited Date: 19/30/2009 ]Edited By: I India Riedel 1 2008/2009 1 2008/2009 1 I Revised I PROPOSED I (PERSONNEL COST: I I I I I I 1100 (EXECUTIVE SALARIES I 129,8901 129,872 1200 IREGULAR SALARIES I 254.2571 253,8171 1400 (OVERTIME 1 5,0001 3,049 1510 (LONGEVITY/SERVICE INCENTIVE 1 01 0 2100 IFICA 1 29,9891 28,520 1 2200 IRETIREMENT 1 44,2371 44,237 1 2300 ILIFE AND HEALTH INSURANCE 1 50,6001 49,6851 1 2400 I WORKERS COMPENSATION 1 18,9301 18,9301 ITOTAL PERSONNEL COSTS: I 532,9031 528,110 I I I I I SUPPLIES AND OTHER SERVICES: I I 1 3100 1PROFESSIONAL SERVICES 1 15,0001 8,100 1 3400 IOTHER CONTRACTUAL SERVICES 1 8,0001 1,763 1 3401 1 GARBAGE COLLECTION FEE I 342,6641 346,598 1 4000 ITRAVEL AND PER DIEM I 1.5001 546 1 4100 1 COMM. & FREIGHT I 6,2001 4,265 1 4300 1UTILI TIES 1 21.5251 19,6921 1 4400 IRENTALS AND LEASES I 01 4631 1 4500 11NSURANCE 1 32,1001 32,1001 1 4600 IR&M VEHICLES I 4,0001 2,5681 1 4609 IR&M BUILDING & EQUIPMENT 1 11,5501 12,4801 1 4901 1EDUCATION I 1,0001 3351 1 4909 IMISCELLANEOUS 1 1,5001 1321 1 5100 1OFFICE SUPPLIES I 5001 2561 1 5200 (OPERATING SUPPLY 1 2,0001 1,592 1 5201 IFUEL AND OIL 1 19,0221 19,649 1 5202 (OPERATING SUPPLIES (TIRES) 1 3,0001 2,7551 1 5203 ]UNIFORMS 1 5,5001 4,6701 1 5204 IDUMPING FEES 1 1,0001 8591 1 5205 IMOSQUITO SPRAYING 1 01 01 1 5300 IROAD MATERIALS/SUPPLIES 1 10,4001 14,503 1 5400 IBOOKS, PUBLICATIONS, ETC 1 5001 313 1 6300 11MPROVEMENTS 1 49,1241 35,4691 1. 6400 1EQUIPMENT ($750 OR MORE) 1 1,2001 1,126 ITOTAL SUPPLIES AND OTHER SERVICES: I 537,2851 510,234 ITOTAL COST: 1 1,070,1881 1,038,3441 I I I I I � I I I I I I I I I 1 I I 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I ] I I I Page 13 l 1 3 Page 14 9/"PUBLIC FACILITIES FUND IRECAPITULATION - REVENUE AND EXPENSES I I I I I IF/Y BEGINNING FUND BALANCE I I (REVENUES 1 301-313.4100 ILOCAL OPTION GAS TAX 301-313.4200 ILOCAL ALTER, FUEL USER FEE 301-335.1220 I SRS EIGHT CENT MOTOR FUEL 301-312.3000 ININETH CENT FUEL TAX 301-335.4100 (MOTOR FUEL TAX REBATE 301-361.1000 (INTEREST EARNINGS 301-361.3000 (INVESTMENT EARNINGS 3 01-3 69.10 00 I MIS CELLANEOU S I TOTAL REVENUE I EXPENDITURES I I 2008/2009 AMENDED 782,413 2008/2009 PROPOSED $ 782,413 $ 349,478 I $ $ 131,151 1 $ $ 62,335 1 $ $ 56,802 1 $ $ 1,650 I $ $ 19,500 1 $ $ -I$ $ 620,916 1 $ I I 1301-549.3100 I IPUBLIC FAC.-PROFESSIONAL SER. 1 $ 1301-549-3400 IPUBLIC FAC. CONTRACTUAL SERVICES 1 $ 1301-549-4300 IPUBLIC FAC. UTILITIES I $ 1301-549-4609 IREPAIR & MAINTENANCE 1 $ 1301-549-5300 IPUBLIC FAC. ROAD & MATERIALS 1 $ 1301-549-6300 1PUBLIC FAC. IMPROVEMENTS 1 $ 1301-549.6302 IPUBLIC FAC. BEAUTIFICATION I $ 1301-549.6400 IPUBLIC FAC. MACHINERY & EQUIP I $ 1 1 TOTAL EXPENDITURES( $ REVENUES LESS EXPENSES( 301-549.9100 (TRANSFER OUT TO GENERAL FUND 1 $ I F/Y ENDING FUND BALANCE I $ I I I 1 Cost changes and Proposed Protects included In above cost I I I I I I I I I I I I 2,500 I $ 69,630 1 $ 92,742 1 $ -I $ 26,096 1 $ 333,955 1 $ 10,000 1 $ 200,000 1 $ 734,923 1 $ 337,929 1 $ 444,484 339,229 143,317 72,851 61,314 2,310 3,800 (6,907) 615,914 1,649 66,935 82,911 2,250 27,306 95,531 7,676 284,258 306,067 $ 476,346 Page 14 -, L Page 15 jCDBG FUND - CITY OF OKEECHOBEE RECAPITULATION - REVENUE AND EXPENSES I I I I I I I I I F/Y BEGINNING FUND BALANCE 1 $ REVENUES( I I I I i I 1302-331.3200 I I ICDBG GRANT (STATE) 1 $ 1302-331.3900 1CDBG GRANT E-10 1302-361.1000 1Interest Earnings I 1302-381.0000 ITRANSFER IN -GENERAL FUND RESERVES 1 I I I TOTAL REVENUES( $ I I I I I I I i 1 EXPENDITURES 1 I I I I 302-2552.3100 I I I I 1PROFESSIONAL SERVICES I $ 302-2552.4609 1 COMMERCIAL BUILDING REHAB 1 $ 302-2552.4909 IMISCELLANEOUS I $ 1302-2552.6300 1 1SIDEWALKS & PEDESTRIAN MALLS 1 $ 1 1302-2652-3100 I 1PROFESSIONAL SERVICES E-10 I 1302-2652.3400 (ENGINEERING SERVICES E-10 1 1302-2652.6302 1 SEWER LINES CDBG E-10 1 1302-2652.6304 IWATER FACILITIES E-10 1 1302-2652.6306 I 1STREET IMPROVEMENTS i I I I I I TOTAL EXPENDITURES( $ I I I I F/Y ENDING I I I I I 2008/2009 BUDGET 2008/2009 PROPOSED 6,5741 $ 6,574 I I i I I i I $ 7,007 I $ 7,007 REVENUES LESS EXPENSES $ - I I (TRANSFER OUT TO GENERAL FUND is 6,574 I I I I FUND BALANCE I$ - I I I I I I I I $ 7,007 1 $ 7,007 �$ - $ 6,574 Page 15 4 Page 16 9'�' ° EMPACT FEE CAPITAL PROJ DIPROVEMENTS RECAPITULATION - REVENUE AND EXPENSES I I I I I I I 2008n009 I I I REVISED I I I I F/Y BEGINNING FUND BALANCE 1 $ 718,600 1 1 1 IREVENUES 1 1303-341.0000 (ADMINISTRATION COST FOR IMPACT FEES I $ 600 1303-361.1000 IINTERESTEARNINGS I $ 1,125 1303-363.2201 1LAW ENFORCEMENT IMPACT FEES I $ 750 1303-363.2202 (FIRE PROTECTION IMPACT FEES 1 $ 1,250 303-363.2400 I TRANSPORTATION IMPACT FEES I $ 2,300 TOTAL REVENUE( $ I 6,025 (EXPENDITURES I I 1303-0521-6400 I I ILAW ENF. CAPITaL PROJECTS I I I $ 1303-0522-6400 1FIRE PROTECTION CAPITAL PROJECTS I $ 74,000 1303-0541-6300 1TRANSPORTATION IMPROVEMENTS 1 1303-0541-6400 1TRANSPORTATION CAPITAL PROJECTS I 1 303-549-6400 (OTHER CAPITAL IMPROVEMENT PROJECT/COST 1 TOTAL EXPENDITURES 1 $ I 74,000 303-381.000 (TRANSFER OUT TO GENERAL FUND I 1 $ 1,725 (TRANSFER OUT TO CAPITAL IMPROVEMENT 1 I I I 1 TOTAL TRANSFER OUTI I I $ I I 1,725 I I I I IDUE TO CAPITAL ASSETS I I 1 $ 55,100 (DUE FROM IMPACT FEE REVENUES I I I 1 $ I I I 55,100 1 F/Y ENDING FUND BALANCE I I I I 1 $ 648,900 2008/2009 PROPOSED $ 49,194 I $ 1,529 I $ 435 i $ 1,745 1 $ 2,721 I $ 3,470 I $ 9,900 I$ - 1 $ 22,412 is 22,412 $ 1,725 $ 1,725 34,957 Page 16 A •, a Page 17 I'9130%2D017� CAPITAL PROJECTS EWROVEMENT FUND I I RECAPITULATION - REVENUE AND EXPENSES I I i I I I I 1 2008/2009 1 I 1 AMENDED I I I IF/Y BEGINNING FUND BALANCE I $ I I I IREVENUESI I I I 1 2008/2009 [ PROPOSED 9,220 1 S 669,406 I I I I 1 1 1304-383.0000 1CAPITOL LEASE PROCEEDS 1 $ 457,193 [ $ 1304-364.1000 (DISPOSITION OF FIXED ASSETS 1 $ 456,000 1 $ 1304-361.1000 1INTEREST EARNINGS 1 $ - 1 $ [ 1 TOTALREVENUEI $ 913,193 1 $ I i I I EXPENDITURES 1304-512-6400 (ADMINISTRATION CAPITAL [ $ - 1304-513-6400 1FINANCE CAPITAL 1 $ - 1304-519-6400 (GENERAL SERVICES CAPITAL 1 $ - (LAW ENFORCEMENT CAPITAL 1 $ 63,405 �304-521=6400 304-522-6400 (FIRE PROTECTION CAPITAL 1 $ - 1304-541-6400 [PUBLIC WORKS CAPITAL 1 $ - 1304-549-6400 1OTHER CAPITAL PROJECTS [ $ 69,500 1304-584.4909 (MISCELLANEOUS [ $ - 1304-584.6400 1CAPITAL LEASE/PURCHASE [ $ 510,231 1304-2512-6400 1CLERK CAPITAL I 1304-584.7100 (PRINCIPAL 1 $ 507,014 1304-584.7200 (INTEREST 1 $ 20,774 1 1 I 1 1 1 TOTAL EXPENDITURES1 $ I I 1,170,924 I I I [Transfer In FROM GENERAL FUNDS I 1 $ 7,052,941 I [ I I [ TOTAL TRANSFER IN $ 7,052,941 F/Y ENDING FUND BALANCE 1 $ 6,804,430 I I I I i I I I I I I I I I I I I I I 1 I I I I 457,193 429,000 2,000 888,193 71,092 50,200 510,231 507,014 22,549 1,161,086 7,044,941 7,044,941 7,441,454 Page 17 ,* ti 3r Page 18 LAW ENFORCEMENT SPECIAL FUND 1 1RECAPITULATION - REVENUE AND EXPENSES( 1F/Y BEGINNING FUND BALANCE I I IREVENUES1 1601-351.1000 (ADMINISTRATIVE FEES I 1601-351.2000 1CONFISCATED PROPERTY I 1601-361.1000 (INTEREST EARNINGS I 1.601-369-1000 Wisc. I I TOTAL REVENUE 1 I EXPENDITURES 601-529.4909 601-549.6300 1601-549.6400 I I JF/Y ENDING I I I I I I I I I I E I I I 1 i I I I I I I I I I I ILAW ENF. SPECIAL MISC. I ILAW ENF. SPECIAL IMPROVEMENT ILAW ENF. SPECIAL MACH & EQUIP 1 1 TOTAL EXPENDITURES 1 BALANCES 1 I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2008R009 AMENDED $ 3,127 $ 10 $ 10 3,137 2008-2009 PROPOSED 3,1271 1 10 10 3,137 Page 18 J • • EY / City of Okeechobee 55 SE 3`d Av Okeechobee FL 34974-2932 f Office of the City Administrator Brian Whitehall Ph 863-763 3372 Faz 763-1686 email: bwhitehalKa,citvofokeechobee com *****Memorandum***** Date: November 3, 2009 TO: Mayor & City Council, City Staff FR: Adm Whitehall RE: Vehicle Purchasing Attached please find the Exhibit that correlates to item `I' under new business... motion to approve 2010 City vehicles purchase. The spreadsheet lists the quote prices for the following suggested purchases: Crown Victoria 14 Dodge Chargers 5 Police Chief s (Charger) Fire Chiefs (F150 4X4) Expanded spreadsheet attached Administrator (Ford Escape) As you know, the vehicles will probably not be delivered for a few months. We anticipate the financing options to be available at the next meeting for your approval. LJ 4.11. n U-). I'A S � < N m (V F+ 000 + c + A X 3 < n p) < + cn 1-a + Ir 4^ O ?r C � C T 7 N :WO N O A O w (A F-� 0 V 00 w 3 \ O) n m ►�'-� = o o_ < F + � --1 -1 = (D ry (D OQ O A � n S S O O rr 3 0 N O A d N N N N N 1-A V Q1 V W O l0 O kn W N 00 to A 00 00 00 FA W V O W lD W 00 O) 0) 0) OJ N N (n N IVJI V O 010 In\iIm I m 0\il o\i� N N Cn Vf 00 00 00 N V 00 n I I I I I V> I I I I Vf I I I v O EA N N � Ql VI a O UVi W O � � N iw 0 n S fb I I I Ln N tp 00 O0 00 3 \ Ol � I I I Q D) (D N O 00 $-A W OT C) 0 O., fD (D N S N O W Cr rDD V (D Gn O C Q N (D N A 00 (D S \ < 4 D) 3 O � 3 C \ O (D I I I I I I I I i!f I{ i/f l0 l0 A W A 00 O N n D S f1 f 0 CA c x- - fl:caD(rt nm O _moo O.: o !< N 0 N p 0 U) < N- M M 3 O 03 CD O w CD 0 O Q CS tD Oul Q to 77 N N ai to U) U) (n U) U) U) V) Q Q Q Q Q Q Q D U) U) Q Q Q Q Q Q Q Q O D W O 3 u);vg„c)v--i—+ QrtCV CoCQ0;T —CD 3 _ � (A Dr rt o� urNO3SO m CHOICE .. ice QQQ Q Q Q Et Q n� �nInIaInIn -P.Doa)N< X = 0 4) O CD * s -n ^ l I -. :3 co CD CD 3 n -1 CD N s * O CD * �h *<0 ch 3. iD O ? a * CD * -0 O X CD * * c iT N CD Q* * �. (D O COJ.OA416 N O CO * iD N n CD 0) CD �i 0 CD \ N —► O N O CAV -A. O CDCI OD CO O N M N tD N CO n COD co � u YwWvow< — M C O O N CD Q — 0 ;r Uf CD 3 fD n 0 N O cr CD - V) N : 71 C N v' O n CA N N CA V CA) OD .p. V CD CO 00 pp O OCDC"M V A * n (D * s VO N OCT N co NNrZ cn p �i O 0) O CA CA O N N O IOIVICA V CA N CT W CA OD O � � W O • FORM 813i MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I LAST NAME —FIRST NAME —MIDDLE NAME TVatford, Doidim R. , Jr. MAILING ADDRESS MI Nathimst. -*h RFrPPF. CITY COUNTY Qtoes.a a.ir.,cc Qtir.�.x,.�..c,c IDATE ON WHICH VOTE OCCURRED Nov. 3, 2009 NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE I N4-v ri-hTv.49 THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH i SERVE IS A UNIT OF: 14 CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: City Of a".1 LA' A ne MY POSITION Is; -3.0 ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of Interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the Instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of Independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting In the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should Incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate In these matters. However, you must disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or In writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to Influence the decision) with the person responsible for recording the minutes of the meeting, who will Incorporate the form in the minutes. (Continued on other side) PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Dowlincl R. Watford, Jr. , hereby disclose that on Noventer 3 2009 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, g inured to the special gain or loss of Ford Nbtor OxmY whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest In the measure is as follows: New Basimss Itan I 2010 City Vehicles RK&asm Nmedoer 3, 2009 Date Filed /4 Y 14�e�11�4 sl6nature by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2 • • The Updatesl from the City Administrator's Desk 55 SE 3rd Av., Okeechobee, FL 34974 ° City Hall — 763-3372 City Council meetinr o f November 3, 2009 New and Unfinished Business: • Planninq Board 10/15/09 minutes and attachment are enclosed in the packet. Attached is Bill Brisson's summary of what's being submitted to the City Council. Please review each as they apply to the following: o Sign/banner ordinance — Pls see Bill Brisson's memo that briefly describe the changes. As for banners, there's 3 scenarios: -up to 14 day display every 30 days apart -30 day display 3 times a year (at least 30 days apart) -45 day display 2 times a year (at least 30 days apart) As a rebuttal, I spoke w/ Jay Boree and he expressed concern that the City is limiting the size to a too restrictive 15sq (see (c) banners 2) (he tho't 32sq'). Also, he expressed that the CBD shouldn't be the only area to allow the 'A' type signs. o Comp Plan Evaluation and Appraisal Report (EAR) — Again the 10/15/09 Planning Board minutes attachments have the entire EAR (Eva[ & Appraisal Report) presentation for the City's Comp Plan. The single slide (as an exhibit to the Agenda) reflects the Planning Bd's suggestions to that presentation o Water Supply 10-vr Plan Ord — See the Planning Board minutes attachment for the entire plan. The exhibit to the minutes has the pages (18 thru 24) that amendments were made to. We have the 1 st Rdg and then it's sent to DCA for approval, prior to the City's final adoption. • Aaaearance by Corev Miller regardinq sidewalk installat'n requirement — requesting the Council to overturn the 10/15/09 TRCs requirement to install sidewalk at their project, 110 SE 41h St. I've attached a copy of the Code pertaining to sidewalk installation. Essentially, it's required and the TRC has followed that in its applications. Sec 78-36 (a)(7) provides for the TRC to recommend to the Council for any deviation, but the TRC didn't do that in this case, albeit there was some discussion about design/installation hardship. I believe the TRC would be indifferent about the request. • 'Goodbread' property 20' R-O-W dedication — on the Agenda is the deeding of the 20' wide tract along the s 100 blk of SW 21 st Street. Recall this parcel was discussed in connection with a prior development there. My understanding is there is another developer interested in the purchase now and the Goodbread's felt it would be advantageous to execute this now. Page 1 • • 1113109 Activity report cont d Handicapped (chair lift) accessibility to Citv Hall — The City budgeted $50k for the installation and below is a list of the contractors we pieced together to make it work: Southeast Elevators, Inc. Lozano Builders, LLC Shockley Electric Mathey Plumbing DRW Drafting $18, 960.01 $17,208.40* $ 2,441.50** $ 720.00 $ 1,840.00 Total $41,169.91 Note: *,**Pending Rec'd quotes to replace the roof as follows as awarded to Mossel Const.: Lozano Builders LLC. $3,420.00 Big Lake Holdings, Inc. $3,678.00 K Builders $6,439.69 10/6/09 Radio (SLERS) system — On the Agenda is the Memo of Understanding and the Wireless Services Agreement to implement the SLERS program. As you are aware, the radio purchase and related grant have been a tedious project for the County, and any other piggyback agency. I know the County did some hard negotiating with vendors and worked diligently to secure the grant. Unfortunately, while I knew there might be additional costs, the City's obligation associated with the tower and other fees ($29,442.32) was undefined until September 101h. To illustrate the difficulties in coordinating all the Agencies, we've been advised that the School District has significantly reduced their radio hardware (fr 64 units to 28 units) which will result in cost adjustments to all other agencies. The City's contribution effect is undetermined at the time of this memo. We did re-evaluate our purchase and there are a few modifications noticeable on the 'Exhibit A' attached to the Agreement As you are aware, the City budgeted $75000 for the SLERS program funded thru the Cap Improvement Fund. As part of our scrutiny for fye 09 budget adjustments and as part of the SLERS expense overrun on our budget, the Impact Fee Fund should be used for part of the purchase as it was attributed to that originally anyway. (The only reason the City wasn't using that Fund is because there's no monies there) So, we plan to make some of the expenditure there (as noted on the chart below) through an interfund-loan procedure and as the monies become available, we will reimburse accordingly. Page 2 1113109 Activity report A • A cost breakdown of the SLERS is described as follows: Fire Department $ 48,536.67 30.00% $ 14,561.00 $ 33,975.67 $ 48,536.67 Police Department $ 54,558.99 25.00% $ 13,639.75 $ 40,919.24 $ 54,558.99 Pub Wks-Transp Dept Totals $ 9,547.12 0.00% $ - $ 9,547.12 $ 9,547.12 $ 112,642.78 $ 28,200.75 $ 84,442.03 $ 112,642.78 • City Hall restroom remodel — The next project at City Hall that should satisfy our last obvious ADA compliance issue is budgeted at $24,000. The reason we followed up w/ this during the budgeting process is that I knew there'd be some left over constuct'n mess from the elevator (i.e. carpet) and figured we should try to knock out the restrooms. I've attached a rendition of the improvement... will proceed with your blessing. • Dedicate 20' X 300' parcel to the Citv on A eg nda - The owners of that property on the SW corner of SW 21st St and 441 south (Goodbreads) wish to dedicate the parcel that was applicable to the prior development. I am having Atty Cook prepare the appropriate documents. • Main Street Aareement — On the Agenda, this should be a formality, simply an extension of the existing Agreement. • Pension Ordinances (X3)— 2"d Rdg Agenda item on these ordinances. Again, according to the accountants, the Ordinances are required compliance issues of the Pension Protection Act of 2006. • Leoislative Delegation — Please find enclosed the Ec Council invite to the Leg Del Lunch, 12/2/09 at noon at the IRSC Williamson Conf Center. RSVP by 11/24... you can call Robin if you wish for her to coordinate. • H1 N1 (swine flu) - Please see our website link h"://www.mvflusgetv.com and the link there of Flu.gov to find additional info. Aetna advised that they would cover H1 N1 shots w/ no co -pays for employees. • Holmes Dropertv at Commerce Park — I regret to advise that Mike and Linda wish to sell their remaining 1-acre parcel back to the City. In 2006 they purchased 2 acres at $100k ($50/acre). Earlier this year the City agreed to buy back 1 acre at $50k. I need your feedback prior to bringing it to the agenda on whether the City would entertain the buyback and consider reimbursing the Holmes's for improvements they made to the property, incl sewer, fill dirt, demucking, surveying all totaling $20,750. The total buyback therefore would be in the neighborhood of $70,750. Do you have input before I simply throw this on the agenda? Page 3 • 1113109 Activity report cont'd • Main St's Economic Dev Director's report for October is attached. • Park #4 pavilion - the Kiwanis' dedication ceremony is scheduled for November 19t'' at 6:00p.m. • Railroad Depot — Sent an email to the CSX rep on 6/23/09 reiterating the hardship the City would realize in meeting the prior Letter of Intent in light of insurance parameters... nothing new since. • Animal Control Interlocal Agreement — No meeting has been rescheduled with the County (the County called this meeting now a few months ago to, I suspect, discuss increasing fees). Attorney: • 803 NW 12"' St and area for Habitat for Humanitv donation — as you recall, in lieu of essentially foreclosing on $20, 000 +/- in liens for that property it's being donated to Habitat. • Billboard dispute(s) — Our insurance carrier atty will be taking additional depostions on the Mary Ann Newcomer (billboard installation at the 700 blk of SR 70 west) case next Friday (9118109) this was cancelled. City Clerk: • Activity report is enclosed. Please note that there is mention of a 12/3/09 Complete Count Committee meeting from 9-10am at the Health Dept. Finance: • Activity Report attached hereto. Note that we've scheduled the tree lighting ceremony for 12/1/09. • Budget - f/v/e 09 adiustment process on Ag9nda - does budgeting seem like a never-ending story? The dust has barely settled on closing our books for f/y/e 09 w/ the auditors planning to start fieldwork the week after Thanksgiving. As of this report, we do not have the Budget Adjustment entries available for you scrutiny (if avail at the last minute (Friday) will enclose in the packet). You recall that 99% of the entries will simply be a `true -up' to reconcile the budget to exactly what the expenses were. • Investment Policv — We're preparing an investment policy based on other communities and State Statutes. I think it's a good safeguard idea, identifying our investment principles and what instruments we intend to invest in. As a background, the City only invests in Qualified Public Depositories (QPDs) which offer a cpl of layers of safety above the normal $250k FDIC. Banks are 'ranked' predicated on their balance sheet as to what ratio of collateral is required for our investments. If a bank balance sheet is unfavorable, the bank is required to post a higher level of collateral, which could affect their ability or incentive to offer a higher interest rate, hence governmental investments, while maintaining the highest possible level of safety, suffer a bit in investment returns. Fire: Activitv report is attached hereto along with a spreadsheet of Code Enf activity. Page 4 • 1113109 Activity report cont'd • Code Enforcement issue: Brantley - as reported the Code Board found the property deserving of a $500/day fine. That fine ended October 14tn The fine amounted to $15,000+/-. • Brush truck is supposed to be done/delivered in November now... have obviously had some delays. • Fire Union - Heard nothing more ... ball in their court - Requests incl adding Welly days, amending the education reimbursement requirement if one quits the Dept and incorporating a cost of living wage increase. One provision that's probably doable is to assure that City Fire Dept personnel be used to fill the shifts. General Services: • Activity report attached hereto including a spreadsheet o site plans status. • Street Asphalt program bids —for this year's project are being prepared. The City budgeted $300k for the project and we are hopeful it will come in at $250k- $260k. Therefore, in connection with the street project we plan to add curbing around the three medians along SW 5m Avenue, approx 1940lin ft. Police: • Police Activitv report was submitted for y-t-d (Jan - Sep 09): Calls 5853 Arrests 407 Traffic Citatn 1708 Traffic Warn 1157 Accidents 339 • Purchase of squad cars - The City plans on purchasing, thru the financing option, 15 Crown Vics and 5 Dodge Chargers for use in the Police Dept. i do not have the final bid prices and eventual vendors for each, but will have for the meeting. The state bids, w/ usual options, are $21,160 (Crown Vic), $19,888 (Chargers). • Purchase of other vehicles - As you are aware, the City has been very gradually removing cars from the financing option where practical, partly because of the difficulty of moving the cars to other agencies and because of less favorable financing arrangements. We budgeted for the purch of 3 new vehicles this year. After much review and discussion, it looks like we have finally landed on the purchase of a Charger for the Police Chief (approx $19,888) and a Truck or Tahoe (or the like) (approx $22,944 for the Tahoe) for the Fire Chief. We thought an Escape ($15298 base) or like, for the Administrator. Again, we do not have the bid sheets avail until Monday, but will have for the meeting. Public Works: • Stimulus funded sidewalk program - We requested contract plans for the project and were afforded profiles that reflect only about 10,000 linear feet (see attached diagram) of the 22,000 requested (east side of 7tn Av, south side of 9th St, west side of 11tn Av). We were told that they had about Page 5 • C� 1113109 Activity report cont'd $300k to work with but apparently after administration, engineering and over -estimation of final costs they bid about 45% of our proposal. The plans call for 6" thickness at driveways only. Again, according to FDOT bid -opening date is scheduled for Oct 28, 2009. DOT has indicated there is a possibility of expanding that project "to $500k" but the project monies can only be used on "federal aid routes". So, after getting their fed route spreadsheet I correlated that to what we had on our long-range sidewalk plan. Unfortunately, their routes only incl a few major street arteries, so I've simply added all their routes on our request, met with one of their reps and we'll see how it's digested. • Parks beautification — Take a look at the `boat ramp' park at the end of SE 4th St ... we added a new park bench and done some other beautification stuff. • DOT and CSX crossing — have nothing new to report on scheduling. End... Page 6 E • Planning Management Services, Inc. Memorandum To: Mayor and City Council From: Bill Brisson Date: October 26, 2009 Subject: Materials for the November P City Council meeting The following materials are provided to you in relation to zoning and planning related topics to be discussed at the November 3rd City Council meeting: 1. A new memo containing the proposed revisions to the City's sign regulations, including a brief explanation for each significant change. 2. A copy of Slide #7 of the PowerPoint presentation describing the EAR process. This slide presents brief descriptions of the three new locally important issues identified by the Planning Board at its meeting on October 15th. 3. New pages 18 to 24 of the "I 0-Year Water Supply Facilities Work Plan, 2009-2019." The balance of the original document, provided to and reviewed by the Planning Board on October 15`t', remains the same. These new pages contain the revised policies reflecting the Planning Board's recommended changes to the original document. Policies that have been changed are: • Policies 1.6 through 1.9 on pages 18 and 19; • Policy 6.10 on page 23; and • Policy 2.4 on page 24. We look forward to discussing these matters with you at your meeting on November P. In the meantime, should you have any questions, please call or e-mail us. Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 info! larueplanning.com DEVELOPMENT STANDARDS �j��'¢'/�- § 78-70 b. Primary access to nonresidential uses shall not be through an area de- signed, approved or developed for residential use. (LDR 1998, § 874) Sec. 78-36. Sidewalks, driveways, and pedes- trian access. (a) When required. (1) All projects constructed in zoning dis- tricts set out in section 90-71 of this Code, except residential districts, wherein the lands of the owner and/or developer ad- join a collector or arterial street or city right of way, shall provide sidewalks ad- jacent along each such street or right of way. (2) Sidewalks shall be provided on residen- tial streets in proposed and replatted sub- divisions. (3) If a sidewalk is proposed on only one side of a residential street, the technical re- view committee must consider the follow- ing prior to approval: a. City sidewalk improvement plans. b. Safety considerations. C. Location of existing or proposed schools and recreation areas, and existing sidewalks. (4) Residential projects abutting a commer- cial, office, service or recreation use shall provide pedestrian access from the devel- opment to such use. (5) Where deemed necessary to provide circu- lation or access to a shopping center, school, playground, or community facility, pedestrian ways and crosswalks may be required after consideration by the tech- nical review committee. Such ways shall be not less than ten feet wide with a sidewalk meeting requirements of these regulations. (6) In any area where the owner or developer constructs a driveway which extends to a city right-of-way, and which would cross or adjoin a city sidewalk, such driveway shall also be constructed of concrete or other material approved by the city. Addi- tionally, such driveway shall be con- structed in conformity with applicable side- walk design standards to ensure that the portion of such driveway that may extend into a city right-of-way is constructed in a manner consistent with surrounding side- walks. (7) The technical review committee may, upon demonstration of undue hardship to, or existing circumstances beyond the control of the owner or developer, recommend to the city council, approval of a deviation from these standards designed to allevi- ate such hardship. (b) Design standards. (1) Design standards of sidewalks and pedes- trian ways shall conform to these regula- tions, and the Manual of Standards for Design, Construction and Maintenance for City Streets of Appendix E, Chapter 6, herein, and as amended from time to time. (2) Design, construction or alteration of me- dian strips shall conform to the state department of transportation regulations. (LDR 1998, § 875; Ord. No. 861, § 2, 6-15-2004) Sec. 78-37. Alternative street design, access and sidewalk standards. Where the foregoing street design, access and sidewalk standards and requirements of this ar- ticle are infeasible due to unique local conditions, alternatives may be approved by the city council after recommendation by the technical review committee. (LDR 1998, § 876) Secs. 78-38-78-70. Reserved. Supp. No. 5 CD78:5 0 0 1 = I I I I co CLJO! G5RA115 A,, ASONRY EX15TING 54/1OR/M/ I g—Gll Lo GO" CLEAR SPACE 4S42"CLEAR ! 30G8 ET VATOply To L /2xG PWt�451WG'WALL' /// /� I TOWEL DISPENSER cp XORY Vfl—j1— — t rr nc 1-42" CLEAR! H CP KE5TIZu0 M D ETAI L SCALE: 3/8" = P-0" NOTE: ALL RESTROOMS TO BE ACCESSIBLE AS PER CHAPTER .11 OF THE FLORIDA BUILDING CODE. Okeechobee Economic Development Council A Division of Okeechobee Main Street, Inc. VU VdA44 *•caw V4, 0+4 Okeechobee Economic Development Council Investors Update — October 2009 Chairman's Message: Okeechobee's Economic Development effort is up and running! The committee interviewed many candidates and selected Brian Cartland to serve as executive director. Brian started on September 1, and comes with a wealth of experience in the economic development arena. He has worked since 1992 with economic development organizations in both the public and private sectors, has worked on business expansion and relocation projects throughout the state, and has several years experience coordinating business assistance, international trade promotion, and tourism development programs. Brian also owned and operated his own business for a number of years. I look forward to working with him, and I'm sure you'll enjoy working with him as we continue to work together to position Okeechobee for economic growth. Sincerely, Mark Smith, Chairman Okeechobee Main Street Economic Restructuring Committee Executive Director's Message: It is truly a pleasure to be here. l have met some of you and am working my way toward meeting each of you individually. I would like to sit down with each investor and get your ideas regarding what you would like to see accomplished through the efforts of your EDC. Being an economic development professional, I am eternally optimistic. Nevertheless, these are difficult economic times. Some might say this is not the time to be investing in economic development. However, since you have made the commitment, you understand that this is exactly the time to invest in economic development. From speaking with those of you I have had a chance to meet, the number one priority I have heard so far is creating more high -wage job opportunities for Okeechobee residents. Projects identified and being actively pursued so far include one small manufacturing company in Okeechobee that is doing very well and considering expanding their operations, two companies that are considering constructing new facilities in Okeechobee, and one company that is considering relocating their company from another community to Okeechobee. These companies would create 86 new jobs paying an annual average wage of approximately $38,000. This is about 135% of the current average annual wage in Okeechobee County. Of course, these projects may not all come to fruition, and that's where you can help. If you know of any companies that are considering moving to or expanding in Okeechobee, please contact me. Okeechobee EDC • 315 NW 4th Avenue • Okeechobee, Florida 34972 Phone: 863-467-6246 9 Cell: 863-697-1270 9 Email: Brian@theOKedc.com • www.theOKedc.com 0 • a oil vd4.e t 4•e4V v Okeechobee Economic Development Council A Division of Okeechobee Main Street, Inc. There are several other initiatives underway as well. The economic restructuring committee has been reaching out to regional and state partners not only to ensure Okeechobee does not miss opportunities to identify companies who might be a good fit for our community, but also to participate in efforts to enhance the business climate in Okeechobee. One such effort is in conjunction with Florida's Research Coast Economic Development Coalition's "Economic Gardening" program. Economic Gardening is an effort to identify emerging entrepreneurs in small to medium size companies (10 to 99 employees) that have a strong desire and aptitude to grow their business. These budding entrepreneurs are provided a package of professional business assistance services that would normally be too costly for most small businesses. These services include business and financial planning, customer base and target market analysis, marketing strategies, researching the competition, forecasting, product innovation, human resource training and a host of other services. There is also a low interest loan program of up to $250,000 for eligible companies. The committee has also been assisting in the efforts of Florida's Heartland Rural Economic Development Initiative's efforts to bring more affordable broadband service to the community. We will keep you up to date on these and other efforts to bring high -wage jobs and improve the business climate in Okeechobee. If I have not contacted you yet, rest assured I will be contacting you soon to arrange a time to get together. In the meantime, if you have any immediate questions, comments or concerns, please feel free to contact me. Thanks and I look forward to working with you, Brian Cartland Executive Director Okeechobee Economic Development Council Okeechobee EDC • 315 NW 4th Avenue 9 Okeechobee, Florida 34972 Phone: 863-467-6246 • Cell: 863-697-1270 • Email: Brian@theOKedc.com • www.theOKedc.com 0 • MEMO October 23rd, 2009 To: Brian Whitehall, Administrator From: India Riedel, Finance Re: Activity Report, October Business Tag Receipts At the present time there are currently 10 open BTR applications in the mist of inspections/approval process. Statistics on BTR's and new business for past 3 years; 2009 - 108 Business Tax Receipts issued; 92 actual New Businesses to the City 2008 - 70 Business Tax Receipts issued; 62 actual New Businesses to the City 2007 - 35 Business Tax Receipts issued; 35 actual New Businesses to the City Renewal and existing BTR's: Total BTRs renewals sent (July 2009)..................................1067 Total BTRs paid to date (Oct 20).......................................... 821 Total BTRs outstanding.....................................................341 (this includes the new pending BTRs) Total BTRs no longer open ............................................ 19 (closed since 7/14/09 to 10/20/09) Delinquent BTRs from last year that were sent letters advising of a payment plans (17 businesses): 13 are still unpaid 2 paid in full 1 is no longer in business 1 has signed a payment plan Communitv Involvement and Promotion: We have a parade request submitted by OCSB for the homecoming parade on Nov. 12�' which is being processed, and the Chamber of Commerce should be requesting December 12t' for the Christmas parade which are being processed. Park activities in the upcoming months range from rededication of the Gazebo on November 19s, Pregnancy Center walk being held on Nov. 14'h and of course our Tree Lighting Ceremony and Santa in the Park on December 1 s. Budget & Finances End of Fiscal Year 2009 wrap up is ongoing and budget amendments will be ready for submittal for `true -up' of last year's budget at the upcoming Council meeting, November 3r. Auditors are scheduled for a full week starting November 30`, (Last year they were here Feb. 2°d) Revenue postings through 9/30/09 is at 98%, however, outstanding receivables total more than $140,000 and will be at/or exceeding budgeted revenues for the year. However, as anticipated overall revenues are down compared to prior years (apprx. $400,000). Expenditures for all the departments in the general operating are down by appx $245,000, (about 4.5% less than last year). Fiscal Year 2010 as you know will be challenging, as each department's approved operating budget was decreased. Every department will be scrutinizing expenditures even closer than years before, if that is possible. The Finance department is continually providing detail budget reports showing expenditures to date and % of budget expended for real time use. Insurance The good news is that we haven't had any hurricanes this year so no huge property claims. The bad news is that we have had 4 Workers Compensation claims in one month and we had a total of 6 for last year. With this increase in number of claims, the need to promote safety in the workplace is paramount. Sharon will be scheduling a Safety meeting with all Department Heads to determine continued review of safety procedures for employees. PRM will be scheduling a mock OSHA audit/review after the fast of the year, as all local governments must comply with all OSHA recommendations and documentation by 2013. The voluntary OSHA review will give us insight as to any necessary changes, or updates that may need to be amended for safety and compliance purposes. SBA & Banking As SBA/LGIP continues to release monies from freeze, those monies are transferred to local bank accounts. September 3&, 2009 balances in Fund B, after computation of NAV : General Fund: $105,704.89 Public Facilities Fund: $ 18,064.45 • CITY OF OKEECHOBEE • FIRE DEPARTMENT STATUS REPORT 9 October 2009 TO: City Administrator Whitehall FROM: Herb Smith (Fire Chief) RE: September 2009 Status Report INCIDENTS total - 90 Fires 5 Med/rescue 68 Haz mat 7 Service Call 1 Good Intent Call 1 FalseAlarm/Cancelled 8 Misc. 0 PLAN REVIEWS (Chief Smith reviewed the following): * VNA (Assisted Living Facility) * Physical Therapy (441 North) * County School Board (Data Room "clean agent" system) * TRC Plans * Shoppes on the Boardwalk (Fire Sprinkler System for Restaurant) * El amigo/El riho bar * Historic Courthouse plan questions reviewed with contractor INSPECTIONS (Annual, New Business, New Owners, etc.) Fire Inspectors conducted: 20 inspections and re -inspections MEETINGS (Chief Smith attended the following): * Council * With Administrator (sign ordinance) * Conducted Staff meeting with officers in station * TRC * Administrator (radio's) FIRE PREVENTION & PUBLIC RELATIONS * Fire Crew attended/participated in parade * Assisted South Florida Water Management with fire drill questions * Attended Grand Opening for New Public Safety Campus for IRSC * Assisted BTR personnel at City Hall with odor of smoke (computer server) * Engine one participated in parade * Engine 7 was taken out to Okee tantie to participate in Autism Benefit (county would or could not participate) 0 • Fire Dept Activity Report Page 2 of 2 TRAINING * Fire Crews conducted/participated in monthly in-house training through out the month utilizing the FETN training network and applying training in the field for practical exercises. * Firefighters conducted EMS training * Firefighters began required training by riding on ambulance at OCFR (mutual aid agreement) * All shifts participated in touring and inspecting the Aerosol plant on SW 7t' ave . (pre -fire planning) * All Firefighters have been completing required ICS training (FEMA) PERSONNEL * Put on New Volunteer (Tom Allison) * Volunteer Hubert Samuels to leave for Iraq (private firefighting) * Utilized additional personnel during Labor Day weekend due to increase in population and call load * Conducted evaluations on firefighters * Offered flu shots to firefighters (voluntary only) STATION AND EQUIPMENT * Firefighter Conway wired emergency lights in E-6 * Ladder one is leaking air (breathing air bottle) - repaired * Ladder one had yearly preventive maintenance * Kitchen sink upstairs replaced (not working) * Firefighters assisted in updating inventory sheets for equipment and vehicles * One portable radio destroyed during an emergency call (steps taken to try to prevent situation re -occurring) NUSC. * Signed off temporary road closing CODE ENFORCEMENT * See Attached Report * Solar Shade banner and sign situation * CEB monthly meeting • 0 wNNNNNNNiiiiiiimcoab W OmootNAwNioo-No�tl�AiO m O C — �w 3 3 0 LO)m-1 V NODt71 �OlODwmw00-�NANA0 O �O m m i n m V000hAiW406NW W immODANWp1Oh- W 3 � 00 0� 0 ;Lm m� m '4 AOOOOW 0000Aalb mwN000000 � O m a; 3 Q m i000woA00000cnoNoowoo-� � � n o � � O CL O OpO0iO-�O-�OOONOOONOwOO O tl1 c m � O �m 3 � COL 3 goo ii O O O O O D m C am a v > a 0 O go m m a Z m ° a m w 70 z PIP z 0 a 0 a V V 0 m • Betty J. Clement General Services Coordinator Activity Sheet Building Department - Independent Inspections, Ltd. • Weeks of: September 9, 2009 through October 23, 2009 X Issued 34 building permits for the period and 15 BTR inspections. X 3 outstanding and 2 failed BTR inspections (Heritage Financial and Seminole Design Build Office). X Old Courthouse renovations still in progress. X Hampton Inn permanent CO was issued 10/5/09 as well as past due impact fees collected. X New American Physical Therapy project has begun. X VNA is currently working on site prep., while BO is waiting on truss drawings and sub -contractor listings to issue building permit. X No permit has been submitted for MidFlorida Credit at the old Captain D's. This property is now for sale. Rumor has it they may be purchasing Bank of American building located next to Northlake shopping center. X Received permit for ALF on 608 NE 2nd Avenue, pending revisions based on drawings supplied not meeting state and local codes as well as additional items required by the BO and the FC. X Issued two COs for RSF-1, one in Brentwood and one on NW 12th Street, as well as CC for residential home remodel and addition in Brentwood. X Blue Heron Golf Course has 11 greens finished with 7 remaining. X Still no determination on the EOC building for the County. ZoninglLand Use/Special Exceptions/Variances Planning Board — The Planning Board had a regular meeting and workshop on Oct.15th with recommendations being sought for CC on the sign ord. regarding banners, discussion on the EARs and recommendations forthe 10 year water supply plan for CC Technical Review Committee — TRC on Oct. 15th reviewed two applications. Shoppes on the Boardwalk presented phase two of their project, with inadequate documentation, which was postponed with no action taken, and an accounting office on 110 SE 4' Street that was approved. General Services — The vertical lift is almost complete, with the State inspection due soon. Proposals submitted for the replacement of the roof over the porch directly connected to the lift were reviewed. Roland Mossel submitted the lowest proposal of $3,250.00 which is $170.00 lower than the next closest bid, with Mr. Mossel being a local vendor. Patty, GS Sec. now has hours of M-W-F 8-4:30, which now along with the Clerk's assistant has City Hall phones covered. Payable files changed over to reflect 2009-10 FY as well as new PO's issued for GS and PW for new FY. Attended a meeting with the Administrator to review two proposals for affordable housing grant for property located between SE 10th and 11 m Avenues, Block 3, behind the Post Office. Sonic to apply for SE and site plan review for property located across from Walmart., also property in the SW section still in Holding Zoning District is being looked at for development for single family homes, possible 6 lots, approx. 2 acres each. Temporary Use Permits — No TUP issued for this time period. Bids — No new bids at this time, however waiting on information from the Engineer for the 2009-10 Roadway Improvement annual bid. • • 0 0 0 0 0 0 0 0 0 0 0 0 O Cb O W O O (b QD OD 00 OD O 666666666666 s��-» 0 0 0 0 0 0 0 A W" -- C) W W -4 0 C" -th- W � ! i i L000000000000 DZOoCD< Z��"fl< � 3< O Z� 00 D(D `� cnjDaa� c a�-�c (u) (n n ; W m nn � 1 N O O O OD �\ N N N N N N N O O C) C) O O O C) OOD OOD OD ODOOD OD ODOOD OOD COO m m M m 0 CD 0 0 a3 a3 3 3 3 3 CD :-► _ O CL a� as M CD 3 3 3 • ► CL cnc_nCDcncn co c_ncn (D (D � _ a M a 0 T _0 -0 T _ �. �. -0-� DcnvrnD rl O C 3 r- CD CD CD CDU) NCB 0) vim' � --I d W� �< CD co m <_ W a CD O N S a 1p rn N o� c 3 CL CL CD CD 3 3 0 0 O O O Co O O O Cl OD OD -J -J N -J -I -I O O O t S 0 0 0 0 :U 70 70 ;p �7 :t7 7I3 70 00 000000 x* 0) 0 O 0 N K M CO)cn rr- ai CD -4 C) 0 M r rn r � n -►� N OWt0to W W O A�ONYO N N N N N N N O O O O O Cl O co OD -4 O O O v �D x 0 CD �. 3 , 3 N N N N O=OpN CD CD CD CD Ic7 rn ra � o CO Cl) in Cn a) CD a (D (D (D (D d N N N O N N M x W �� Y T Cum CD C 0 3�' � o ai Cl) _� 0 onr�ami0 �� mC < CD 3 FL am Ft CA N CD 0 0 o o 3 c 3 D. :°• m a o 3 i Qcr ^' o n ol CA. CD cn 00000000M \ 4 -1 -J 4 d -! -1 0 O C:) C)O O O O O O O O O O O C)O O OD 1 M Cn A W N -+ 0 ��Z3�.C3;UZ7Z7 00000000 o <X OxmDD p O = Q. " CD a G 0) a" C �mCD-n v .O+ CD O CD 0 CD CD OD N N N N N N N N Cn WMwODA0 N NNNNNNtp O OOOOOOp, O O O O O Co O 4 -I 'J -4 -d rl -I x O 0 0 0 0 w d a 3 R 3 3 3 00 N m m u+ Cp � i mp • (D N C. CL 06 COO w(n_ww_wo-I _0 CD M (D (D (D (D (D � m N t11 0� N sy �7 3 m N cu CCDD cD p�j N* 0 5 ;7L 9 _M m X C N O O 4 N O O N O CO W qc fND SW 7TH AVENUE STA. 78460.00 SURVEY SW 7TH AVENUE a< i ■ c� y; i ■ ■ ° T � � a 4 r r m i e , _ . _. J �,� r ■ a ■ a/ ■ t1 r • Park y r , . 41 - i F le ric: RVEY SW I1TH AVENUE r -_ �._ v ff EN ■��. r r ■i as • r •irrpm r, +• / B • „ u.,....,..r._..... M . ■ • all I • � i If.■ 11 ■ •� ; i ■ • 'F it ■ •. w ■ ` ■ • �` + ■ ■ it * ■ -� i%L t; ;NUE tr3?'1a25" I s. �! (� �' ar �� ■ iuRVEY Sw 11TH AVENUE r • . '�-` I� ■+ T ■ f _ rIt ■ i ■ rr ir ■ .. - ' Ii Z' t; ■ w >, 3 IRVEY SW 9TH STREET w gj■ ,�{ • ■ . �. ,. / ■ t11f r1 • ■all ■ a - / t} ■ t' r NI .� yI�16I 12 tal — .... i. ■: f,^.`Ja—- i;� _._'• ., r`_.r } ■ r /EY SW 7TH AVENUE i° ■ • w a r ifill + f _ ,. ■ r 1i' r I ■ ■ I, � � QUAD MAP REVISIONS Comprehensive �RIPTION STATE OF FLOW GATE DESCRIPTION IF]IM Engineering Services, Inc. DEPARTMENT OF 7WAN 201 S Orange Ave, Suite 1300 Orlando, FL 32801-3447 ROAD N0. I COUNTY Certificate of Authorization Number: 7862 I N/A I OKEECHOBEE I Ryan K. Saderschneider, P.E., License No. 60851 rbWerscn S 0 K''r Alr_ Jr Please join us for the Annual Legislative Delegation Luncheon Coordinated by: Economic Council of Okeechobee 8v Okeechobee Area Agri -Council $. Wednesday, December 2d A,: 12:00pm to 1:00pm Indian River State Colle e g Williamson Conference & Education Center 2229 NW 0 Avenue Okeechobee, FL34972 Lunch will be served. Please RSVP by Tuesday, November 24th to Tara Minton, (863) 467-0200 or Robbi Sumner, (863) 532-9187 Special thanks to sponsors: Florida Power & Ught Raulerson Hospital Waste Management as iy { 3R , 11 hm TO: Administrator Whitehall FROM: City Clerk Gamiotea P- DATE: October 28, 2009 In addition to our daily routine work, here are items of notable interest: Personnel - Happy B-days will be going out to: Fire Lt. Hodges 11/5, School Crossing Guard Donna Grimes 11/6, PWD Donnie Robertson 11/10, Oft. Morgan 11/14, Terisa Garcia 11/16, Ofr. Troutman 11/24, Firefighter Rodriguez 11/29, Code Officer Hancock 11/29. Happy Anniversaries will be going out to: Bob & Loretta Peterson 25 yrs 11/4, Larry & Leslie Parzygnat 13 yrs 11/5, Herb & Kim Smith 22 yrs 11/6, Rennae & Dr. Sweda 19 yrs 11/17, Melissa & Kenny Close 17 yrs 11/21, Clint & Carmen Gould 4 yrs 11/26. Processed two new employee's - Heather Baughman was replaced with Jackie Dunham (clerk's office assistant) and Pam Wilkerson was replaced by Brandi Gomez (police dispatcher) Workforce Solutions - © Since Ms. Dunham was hired through Workforce Solutions she qualifies for the "On the Job Training" program and 1 will be completing the appropriate paperwork for the City to receive reimbursement of 50 percent of her hourly wages during her probationary period (six months). OO In another effort I have been working on with Workforce is, one of the Summer Youth employee's is over 18 and qualified for an extension of job training. Aracelli will be coming back to work at the City for another six to eight weeks (all wages and insurance paid directly from Workforce). Os We are still waiting for them to get the Federal Stimulus Job Training back up and running, 1 have requested clerical and maintenance operators when this money is available again to expand the City's workforce at no costs to the City. LUCA & CENSUS 2010 - Local Update of Census Addresses has sent several requests recently, it appears our "stand" on the corrections of all addresses submitted have finally been agreed upon and they are adding all 311 addresses that were missing from their lists. In addition we were able to advise Page 1 of 4 them of any proposed developments that will receive a C.O..by April 2010. A recent request was sent to finalize and/or confirm any outdoor homeless areas. With the help of the police department we identified two areas additional areas, as well as Big Lake Missions Outreach will be on the list for the census counters to see whether they can get the homeless to cooperate and complete the census form. They will also read it to them and complete it for them -My thought was every person counts! Ac Mark your calendars to be sure and attend the Census 2010 Campaign Meeting for the Complete Count Committee 1213/09, 9-10 am at the County Health Dept. Auditorium. 1w Please ask the Council to post the attached Notice of this Meeting at their office or business. Population Estimates for 2009 - Again the Bureau of the Census has decreased our population estimates, down 119 from 2008, if you'll recall they decreased us by 318 from 2007 to 2008.1 replied with my protests and sent documentation. However it again has fell on deaf ears, although they did send a copy of the formula to back up their reasoning. This is again why the 2010 Census is so important, they use the Census as their base in the formula. Only 45 percent of City residents returned their Census questionnaire in 2000, we REALLYneed to get that percentage up! Holidays - City Hall will be closed on Wednesday, November 11 in observance of Veteran's Day and on Thursday & Friday, November 26-27 for Thanksgiving. Education, Vacations, Etc - I was not able to attend Clerk's Advance Academy October 14-16 due to various schedule conflicts. In a continued effort to keep budget expenditures to a minium, in November I will be applying for a Scholarship for attendance at the Annual Clerks Conference in June 2010. The scholarships are $500 each - wish me luckl Citizens Day - As you know we had to postpone the date, I still need to hear from everyone regarding dates, we are looking to reschedule for late January, or anytime in February, does anyone know when Speckled Perch is planned for in 2010? Health & Safety Expo -The 31 annual event is Sat. Jan 30, 9 am to 2 pm. Our police and fire depfs will be there, I met with Mrs. Vinson, who has suggested that City Officials could attend to make a mock City Hall and use the opportunity to distribute information about the City and advertise the (rescheduled) Citizens Day. I am already going to be there, but for other organizations my daughters are with. If anyone is interested in the City pursuing this let me know and I will help get it organized. Paragon Award - Working on the policy and procedures that will be used to allow for the application submittal and final criteria to be met to receive the award, to be presented at the Dec 1 Meeting. New Fiscal Year- revising all the personnel files for the new budget year and confirming all salaries are correct, anniversary dates and new spread sheet for each department to conduct their annual evaluations and salary pay steps. Page 2 of 4 Ordinances & Resolutions - Subdivisions continue working on the revisions, need further input from LaRue's office. Comp Plan Text Amendment was received from LaRue's office and will be advertised appropriately as well as reformatted for the Nov 3 agenda. Pension Ordinance (No.1063.1064 & 10551 has been reformatted, advertised appropriately for the Nov 3 agenda, we sent a note (to the 3 pension board secretaries) to confirm that Mr. Slavin (State Actuary) received the appropriate report and cover letter prior to the Council considering final adoption. Code Book Supplement 7 has been received, we are working on getting all 47 code books updated. Records Management - Using the Summer Youth Work Program we were able to employ two outstanding youths of our community. They were able to inventory and organize the Fire Department's records consisting of all blue prints on all commercial and some residential buildings within the City. All Code Enforcement Case Files and historic Fire Department records. This was a huge undertaking and they performed very well. One of our Part -Time Police Officers is working on collecting historic information on the Police Department. We have put him in contact with Bonnie Thomas, Pearl Godwin, Larry Mobley and Betty Williamson. His name is Larry Parzygnat so you may receive a call or visit from him. Should any one have any historic (meaning old) pictures of the police department, or any employee's, please forward to me, we can scan them and return them. We continue to plug away with the records each week. The records room is not as we want it yet, but its getting there, our current project is inventorying the Pension Records from 1970 to present. Sunshine - Attached are some recent articles regarding sunshine violations in other cities & lessons they learned. EMAILS AREA HOT TOPIC THESE DAYSIII Miscellaneous - I have received 'a subpoena to appear at the CAS v: City ofArcadia, which should go to trial within the next 6 months, they obtained copies of our minutes and accounts payables to CAS regarding the 2004-2005 hurricane clean up. No new info on this matter to date. SB 2292, which died lastyear in committee, and would have allowed local governments to publish Meetings on their website instead of paying for them in the newspaper, will be brought up again Page 3 of 4 in the next *legislative session. FLC's is already gathering information to help the cause td show how much tax dollars are spent on advertisements that are not read. @�- What is being read by citizens and actually works as getting info to citizens in a lot of Cities is using "e-Blast." Citizen's sign up to receive info from City Hall via email. When a Public Hearing, Meeting, anything that is advertised in the paper is held, an email is sent to that citizen. Page 4 of 4 You Are Cordially Invited to Attend the Census 2010 Campaign Meeting for the Formation of the First Complete Count Committee in Okeechobee County December 3, 2009 9:00 am —10:00 am Okeechobee County Health Department Auditorium 1728 NW 9a' Avenue, Okeechobee, Florida Please join us for an event that will bring together community leaders and partners for an overview of the 2010 U. S. Census strategy and formation of the first Complete Count Committee (CCC) for Okeechobee County. Resources to support your organization's outreach efforts on behalf of the 2010 Census will be available. Ms. Melissa Serrano, Partnership Specialist from the Census Bureau, will be our keynote speaker on this important initiative. Ms. Serrano will provide the best practices and lessons learned from previous years as well as helpful information and materials to continue promoting this important effort to your colleagues, members and constituents. Please R.S.V.P. to Vicki Smith, Okeechobee County Liaison, by email vsmith(alco.okeechobee.fl.us or call 863-763-6441. Please forward on to your community partners. We need everyone to get involved and make a difference for Census 2010. This will ensure that Okeechobee achieves the most accurate count possible in 2010 so that we can receive the resources and representation Okeechobee deserves for the next 10 years. We are looking forward to seeing you[ Thank you. Former Largo mayor scratched from ballot over missing signature By Lord Helfand, St. Petersburg Times, 8/22 In a messy turn of events, former Mayor Bob Jackson has been disqualified from the Largo city election because one of his candidate forms, a loyalty oath, was not signed. Friday afternoon, City Clerk Diane Bruner e--mailed a letter to the Supervisor of Elections Office asking the mayor's race to be pulled from the ballot. 8 ('L912"UJA 0rc. ` 0 a) Jackson was challenging incumbent Mayor Pat Gerard, who defeated him in the 2006 election. For now, Gerard is automatically re-elected as the only qualified candidate, Bruner said. Jackson, 76, who had served on the City Commission for three decades, was notified about the issue Thursday, two days after his position on the ballot was drawn and eight days after he was initially informed that he had qualified. The qualification period ended Aug. 13. "What I know, I don't like," Jackson said. "I talked to a lawyer and he told me not to make any comments." City Attorney Alan Zimmet said Bruner made the decision after requesting a legal opinion from the state Division of Elections on the matter. Gary J. Holland, assistant general counsel for the Florida Department of State, said that qualification must be decided by the municipality. But his e-mail opinion received by the city on Thursday also said, that under state statutes, if a candidate fails to sign the oath before the end of the qualification period, the candidate is not qualified. The Pinellas County Supervisor of Elections Office staff noticed the missing signature after candidate forms were turned into the office Aug. 19, spokeswoman Nancy Whitlock said. The office notified the City Clerk that day. In another twist, Jackson's loyalty oath was notarized without the signature. Jackson came into City Hall on Aug. 10 to turn in a few forms, including the loyalty oath, which required no Bruner said. Bruner met Jackson at the front desk after she received a call from receptionist Donna Givens; she said. As for the missing signature, Bruner said she should have scrutinized the form more carefully. "I clearly did not do a thorough enough review," she said. Had she known he did not sign the form, she would have given him a new one before the end of qualifying, she said. Givens, who notarized Jackson's form, however, recalled that Bruner did initially tell Jackson the loyalty oath needed a signature. "1 remember her handing it to Bob (Jackson) and saying, 'You have to sign it,' " Givens said. The "phones were ringing off the hook," Givens said. And she remembered handing Jackson a pen while answering a call. Givens said she notarized the form, but failed to notice the missing signature. "It's my mistake," Givens said.. Bruner said she then made copies of the forms for Jackson before he left City Hall. "Ifs the candidate's responsibility to make sure they've completed all of their forms," said Jennifer Krell Davis, spokeswoman for the Florida Division of Elections. 9 • 0 PSC BlackBerry flap raises new concerns about compliance with Florida's public records law By Shannon Colavecchio and Mary Ellen Klas, Times/Herald Tallahassee Bureau, 9/15 TALLAHASSEE -- Sen. Mike Fasano sat through a meeting of his chamber's banking and insurance committee last spring and watched a fellow lawmaker field instant messages on his BlackBeny. A lobbyist was feeding questions to ask the Office of Insurance Regulation speaker before them. 24 Ov- Pa' a "That's inappropriate," said Fasano, R-New Port Richey, without naming names. "I leave my BlackBerry in my office. But I look down the row in committee and half of (the lawmakers) are looking down at their BlackBerrys." Welcome to Tallahassee. The era of electronic communication has changed the way elected officials communicate — complicating compliance with the state's public records law, and raising concerns about inappropriate contact that lobbyists and businesses might have with the agencies and lawmakers who can decide their fate. Just last week, three staff members of the Public Service Commission were either reassigned or put on administrative leave after they sent their BlackBerry PIN codes to a Florida Power & Light lobbyist. The dustup brought to light a practice that likely is unfamiliar to many citizens, but that is common in Tallahassee. Walk through the Capitol or its surrounding streets during the legislative session, and witness a sea of lawmakers and lobbyists pecking message after message into their BlackBerrys, !Phones and cell phones. Kill this bill. Add that amendment. What's the vote going to be? We need to talk. Often, the messages are sent not through state a -mails but via text messages or PINs, unique instant messages that are routed between individual BlackBerrys without leaving a paper trail. Capitol reporters use PINs and text messages, too — in part for speedy delivery, and in some cases because sources feel most comfortable using a medium they see as less traceable than e-mail. "it has given me grave -concerns," said PSC executive director Mary Bane, whose agency is reviewing the practice to see how other agencies handle it. "We don't want to violate public records laws but it seems like a gray area." Bane said the controversy comes at an especially difficult time as the PSC, the states utility regulator, hears a rate case. "We are concerned about public perception," she said. "We don't want to lose the public trust." State agencies, legislators, and Gov. Charlie Crist were warned months ago about the impact fast - developing communication mediums like !Phones, Facebook and BlackBerrys have on public records access. A report delivered in January by the Commission on Open Government Reform alerted them to the growing trend and recommended the creation of "policies and procedures for ensuring that public records maintained on personal computers or transmitted via personal Internet accounts are disclosed and retained according to law." Commission leader Barbara Peterson, president of the First Amendment Foundation, has drafted legislation based on the group's suggestions. But Crist spokesman Sterling Ivey said the governor — a vocal advocate for public records — has not decided on his legislative agenda. Crist formed the group in 2007, shortly after taking office, to review public records laws and recommend necessary changes. 21 Strapped cities halt handouts for parades BY KIMBERLY C. MOORE, FLORIDA TODAY, 9/3 Melbourne city officials are notifying community organizations that they will have to foot the bill for any parades or festivals they wish to host in the upcoming fiscal year. "Beginning October.1, 2009, the city will no longer be able to subsidize groups that organize runs, walks and parades," Melbourne City Clerk Cathleen Wysor wrote to about 25 organizations. "The full cost for city- services, including police and traffic engineering (barricades, cones and signs) will be charged for each event." Melbourne is not the only municipality cutting back on costs some see as beyond their budgets during the economic recession. Palm Bay also has several holiday festivities on the chopping block. These cost-cutting measures could affect some of the biggest area events, including the Melbourne Light Parade during the holidays and Palm Bay's Splashes and Sparks festival for the Fourth of July. Karen Harshaw, who runs the Melbourne Light Parade, said it would cost the organization about $8,000 for police to block traffic at every intersection along the 2-mile route for at least three hours. "It's the economy," -Harshaw said. "It's not the city w-pnting to do this. I'd rather see them not lay somebody off than have a parade." Honor America, which helps host the city's annual Veterans Day and Fourth of July parades, received one of the letters and found that it would have to pay $2,440 and $2,480 for the events, respectively. "1 may be. wrong,. but I was brought up believing that these two parades were the responsibility of the local municipalities, and the purpose of these parades was to. instill patriotism in the citizens," retired Army Command Sgt. Maj. Bill Ryan said. "For many years, Honor America has assisted the city of Melbourne in the setting up and running of these two parades. The unselfish act should not be construed to mean that Honor America is the sponsor of these parades. If anything, they (Honor America) should be billing the city of Melbourne for their assistance." 25 C tc ,UL& a``P`t-4 a la� 0 41 Melbourne public information officer Mike Moore said that while city officials regretted the move, it comes in a year when the city's overall proposed budget plunged from $129.5 million to $97.5 million — a $32 million loss, mainly because of falling real estate values. "They're trying to make sure critical services are still there for citizens," Moore said. "This would be a good time for (groups) to look for additional support." Ryan countered that its the city that should be trying to find corporate sponsors to help cover the cost of festivities. But the Honor America parade may have found a welcome home in neighboring West Melbourne. The city council there voted Tuesday night to pursue bringing in the parade. West Melbourne council members capped at $1,500 the amount the city would spend for police and public works employees to shut down either Minton Road or Wingate Boulevard. In addition to the parades, races and festivals, Melbourne also wants to charge the Melbourne Community Orchestra and Municipal Band for the use of the Melbourne Auditorium. Last year, the city waived $1,885 in fees each time the Melbourne Community Orchestra hosted a two-day concert at the auditorium, according to a report from Melbourne's Leisure Services Department. It would have cost the Melbourne Municipal Band $2,838 for each of its concerts last year, the report indicates. The band hosts two-day concerts and uses the auditorium another day for rehearsals. Band and orchestra officials said coming up with that kind of money for groups already operating on a shoestring budget would bankrupt them. Ryan said the municipal band is moving its music events to the Eau Gallie High auditorium, which charges only a $200 usage fee. In Palm Bay, council members are considering doing away with the Holiday Parade and the Fourth of July's Splashes and Sparks festival, which would save the city about $75,000. "In my opinion, the Fourth of July and the (city's) 50th anniversary (celebration) — those aren't necessary," council member Kristine Isnardi said. Its not the first time Palm Bay has made cuts to festivals and parades. In 2007, the council voted to stop providing for free the city's mobile stage and police services for 21 events, including the Puerto Rican Day Parade and Festival, Italian Festival, Caribbean Festival, Haitian Parade, a Halloween event and Public Works Day. The city also eliminated an annual Breakfast with the Easter Bunny event. City officials said all the cuts saved about $100,000 annually. 26 ?� Fort Lauderdale city attorney: It's OK to delete public's emails by Brittany Wallman, South Florida Sun -Sentinel, 7/31 Fort Lauderdale City Attorney issued a legal opinion yesterday in the unwanted-emails controversy. City attorney Harry Stewart was asked to give a legal opinion about whether an advisory board member can legally delete emails from the public that arrive in a private email account and are unread. Thai's what Stresau said he did with emails from city residents about the Bahia Mar redevelopment. Stewart said there is a "dearth of legal precedent" on this topic, and that "until determined otherwise by a court of competent jurisdiction, he advises that deleting without reading is OK. (The same would apparently apply to tossing mail into the garbage unread, or returning FedEx packages to the pp Y PP Y 9 9 9 9 P g developer, unopened, like board member Pete Witschen said he did.) Stewart went on to say in his memo that if the emails are read, the advisory board member should announce at the public hearing "the receipt of an ex parte communication" and present it to the city, in the same way that board members announce conversations they had with the developer or others involved in the case, before they vote. Note: If public officials delete your emails without reading them, they are still retained in the city computer system. Here's Stewart's legal opinion: http://weblogs.sun- sentinel.com/news/politics/broward/blog/Emaiis%20to%20Advisorv%20 Board%20Members.odf This whole to-do will be resolved, city officials say, by giving advisory board members email addresses at "fortlauderdale.gov." Venice mayor's e-mail violates court order By Kim Hackett, Sarasota Herald -Tribune, 7/14 In the midst of settling an open government lawsuit that may cost taxpayers up to $3 million, Mayor Ed Martin violated a court order last weekend by using his private e-mail account to strategize with two candidates in upcoming city elections. 7 0 � 0 In an e-mail sent over the weekend to council candidates Jim Bennett and Ted Koszarski, whom he is backing in the upcoming council election, Martin writes about economic development, short-term rentals and offers election strategy. "In single family areas, you can point to citizens who found small houses next to them listed for up to 16 people," Martin wrote about a proposed ban on weekend rentals that is the subject of another lawsuit against the city. "Let's try to protect our single-family areas." The settlement agreement of the open records lawsuit and city policy prohibit officials from using anything but a city -issued e-mail account to discuss city business. Martin, who is vacationing in Canada, said he was "baffled" by how the e-mail to candidates Ted Koszarski and Jim Bennett became public. Martin initially denied there was anything wrong with sending a private e-mail to the candidates. "1 don't think it was city business, per se," Martin said. But City Attorney Bob Anderson later called the Herald -Tribune after speaking with Martin and said the mayor's e-mail was a violation. "I told him" that the e-mail "constitutes city business and pursuant to city policy, he had to have that communication" through his city e-mail account. Anderson said that Martin "was sorry for an inadvertent mistake." The open records lawsuit against the City of Venice was filed last year by Anthony Lorenzo, who accused nine former and current city officials of skirting open government laws by communicating with each other via private e-mail. Since the suit was settled in April, Lorenzo's attorneys have raised questions about Martin's continued use of private e-mail. Lorenzo's attorneys made a public records request on June 24 for Martin's private e-mail messages and messages posted to a blog Martin writes about city business. The e-mail that Martin wrote over the weekend became public when someone forwarded it to the city's e-mail server. Attorneys for Lorenzo say the mayor should have known better. "They are not to use private e-mail to discuss city business, period," said Matt Leish, one of Lorenzo's attorneys. "We're looking into it and deciding what to do." Leish said they may send a strongly worded letter to the city or ask a judge to hold Martin in contempt of court. The city has spent about $600,000 to defend city officials, including $250,000 for private attorneys hired by the city officials. 8 Included in those fees is about $8,200 for a computer exam to retrieve missing private e-mail from Martin's computers; Martin and three other city officials also hired their own private attorneys. His attorney cost the city $17,800. Lorenzo's attorneys have asked for $2.2 million in legal fees including a multiplier that allows attorneys to collect up to 2.5 times their usual fees in complicated public -interest cases. City attorneys are preparing to argue that the attomeys' fees are too high during a scheduled two-day hearing in September. Reconsidering, Venice's mayor now defends use of e-mail lot By Kim Hackett, Sarasota Herald -Tribune, 7/15 VENICE - Mayor Ed Martin argued Tuesday that he had the right to send a private e-mail about city issues to two City Council candidates and that the communication did not violate city policy or a court order. Martin said that he and City Attorney Bob Anderson did not have the e-mail in front of them when they concluded Monday that Martin made an "inadvertent error" and violated the city's policy by sending an e-mail to Ted Koszarski and Jim Bennett, two candidates Martin is backing in the upcoming council election. 'That was our error, in replying without careful review," Martin, who is vacationing in Canada, wrote in an e-mail Tuesday. But others contend the e-mail was a violation. "When you carve out exceptions that are questionable, you invite litigation," said Andrea Mogensen, an attorney who led the recently settled open government lawsuit against Martin and eight other current and former city officials. Mogensen said Martin's e-mail violated the lawsuit settlement agreement filed in April. That agreement stipulated that the city would maintain a city e-mail account for each council member and other officials and that Venice would require "each such member to use only his or her official city e- mail account when transacting official business..." Although he did not check with Anderson ahead of time to make sure the e-mail would not be a violation, Martin now says that "it is legal and ethical" for him to "be involved in campaign support." But he said he cannot use his city e-mail — which is accessible to the public — to do so. Anderson would not say whether he had changed his mind about his opinion Monday that Martin violated city policy, and, by extension, the settlement agreement "I'm going to look at the policy" closely, Anderson said. 0 City Clerk Lori Stelzer, who crafted the policy, said that there were no exceptions; city officials must use city issued e-mail accounts if they communicate about Venice issues. Martin's e-mail to the City Council provided campaign advice, touching on economic development and short-term resort rentals, among other city issues. Attorneys for Sarasota resident Anthony Lorenzo, who successfully waged a nine -month lawsuit over city officials' use of private e-mail to circumvent public records and open government laws, said Martin's actions are a "repeat of the problem" they had throughout the case. "We thought our settlement agreement would prevent this slippery slope of public officials deciding what are public records," said Mogensen. "Their policy is a policy of their making. Its like being on probation; how close do you want to come to that line?" Martin's e-mail, sent on Saturday, became public when Koszarski responded to Martin and included other e-mail addresses in his message, including council members Kit McKeon's and Sue Lang's private e-mail accounts. When Koszarski sent a blind copy to Council member Ernie Zavodnyik's city account, it automatically posted to the city server. Lang forwarded the message to her city account on Tuesday. While Lang and Zavodnyik said they have not sent campaign or city -related e-mail from their private accounts, McKeon said he was not sure if he did or not. "I just don't know at the moment," McKeon said. Mogensen said her legal team has not decided how to respond. They could ask the judge to find Martin in contempt or send a "strongly worded'.' letter to the city. She said they have been concerned about Martin's continued use of private e-mail and recently made a public records request for them. A media attorney said that Martin's e-mail could bolster Lorenzo's case for higher -than -use legal fees. Lorenzo's attorneys have asked for $2.2 million in fees, to be paid by Venice taxpayers. The sum includes a multiplier allowing the lawyers to collect up to 2.5 times their actual fees in complicated public -interest cases. "Conduct can be a big factor on the hours you spend on a case," said David Snyder, a Tampa attorney. Update -July lS VENICE -City Attorney Bob Anderson has reversed an earlier opinion that Mayor Ed Martin violated city policy and a court order by communicating with two City Council candidates from a private e-mail account Anderson said Wednesday that Martin "correctly utilized" his personal e-mail. It was just one of the latest signs that, months after the council settled a lawsuit over violations of Florida's Government -in -the -Sunshine Law, open-govemment issues will not go away. I0 "It seXmeetiacfing zarr to Bock and approve inutes going back six years "said Lon , suggeis vio ling its own proced a a' creating written mi utes " soon as practic At theing Krk Shari Canada s ' h audit found some min s at had yet to be officiaTh included meetings w re the mmission sat as of r city b ards."Theare tardy is of no lega consequence," c attorney David Jove said. )(Okaloosa looking at private e-mail Dusty Ricketts, NW Fla Daily News, 7/18 FORT WALTON BEACH — Okaloosa County Administrator Jim Curry does not want the same type of sunshine law violation complaints in his county that Santa Rosa is facing. Curry had a discussion about maintaining and providing public records created on private e-mail accounts added to the agenda of Tuesday's Okaloosa County Commission meeting. "I think we need to look at these things," Curry said. "That's a developing area and we need to make sure we don't have any compliance issues." The meeting is scheduled for 8:30 a.m. Tuesday at the Okaloosa County Water & Sewer Administration Building on Lewis Turner Boulevard. Several complaints have been filed against current and past Santa Rosa County Commissioners in the past year alleging numerous violations of Florida's Government -in -the -Sunshine Law and other open records laws. Romi White, a former assistant public information officer in Santa Rosa County, filed a number of the complaints with the State Attorney's Office for the 1 st Judicial Circuit last year. White recently said she turned over evidence to the State Attorney's Office, including an e-mail related to the 1-cent sales tax that was on the election ballot in 2006. The e-mail was from Commissioner Don Salter's personal e-mail address and went to the personal e-mail addresses of Commissioner Gordon Goodin. Curry said he wants to talk to the Okaloosa County Commissioners about developing a county policy that would prohibit any county staff member or commissioner from using a personal e-mail address for county work. If directed by the commissioners on Tuesday, Curry said county staff would have a policy in place for the board to vote on in August. "I thought our board needed to get on the front lines of this," Curry said. 15 0 Former commissioner fined for campaign reporting errors By Sheila Estrada, St. Petersburg Times, 8/1 ST. PETE BEACH — Former Commissioner Harry Metz must pay a $500 fine for failing to completely report his income and assets during his 2007 political campaign. After a two -year -long investigation, the Florida Commission on Ethics ruled last month that Metz had failed to disclose several required items on a financial statement he filed with the city clerk in January 2007. Specifically, Metz did not fully report business and rental income from his Sundeck business, located at 7217 Gulf Blvd. Metz did report the Sundeck as a secondary source of income, but he apparently should have included it under the primary income section, since the business generated a gross income of $107,755 in 2006. The ethics investigation noted that although Metz had violated state law, his "omission was not meant to deceive the public." The ethics investigator also said rental income from one of the Sundeck's tenants should have been included as a secondary source of income. In addition, Metz did not report any intangible personal property, even though he had several money market accounts the ethics commission said should have been listed. Metz formally acknowledged the violations listed by the ethics commission, but has not yet received the official order to pay the $500 fine. He said he and his wife voluntarily showed the investigators their tax returns and bank statements during the investigation. "If we hadn't done that, the case would have gone away. But I didn't want it to appear that 1 was hiding anything," Metz said Friday. The complaint against Metz and a similar complaint against former Commissioner Linda Chaney was filed in July 2007 by Raymond Thibodeau in a 55-page document alleging they not only failed to properly report income and assets, but that they had received free legal services, an action that could have influenced their official actions as an elected official. The ethics commission dismissed those charges against both Metz and Chaney. Last September, the commission found probable cause that Chaney had failed to accurately report rental income on her financial disclosure form, but also found that she "took steps to accurately report 19 her interests and there was no intent to mislead." The commission voted to take no further action and did not fine Chaney. Both Chaney and Metz did not run for re-election this year. Thibodeau said Friday he filed the complaints because he did not like how the two candidates presented themselves during the 2007 election. He acknowledged he supported the Save Our Little Village political organization at the time. Metz and Chaney were organizers of the rival Citizens for Responsible Growth organization. The two organizations represent sharply differing political camps that have embroiled the city in more than a quarter of a million dollars in lawsuits over development issues. S. E. 4 TH STREET (ASPHAL T ROAD) f00' Rlw BENCHMARK / FOUND PK NAIL do DISK HOOVER 4276" 0,36' N. EL. 28.16' (NGVD 1929) 1 /-3.09 mc� Fes, p FOUND 5/8" IRON ROD & CAP 2084" a7'S & 0.7'E.� EDGE F ASPHAL T WIDE CURB'UTTER �M DRAIN 1 WATER. FOUND 4 W " CONCRETE 1 VAL VF MONUMENT (NO /. D. i FOUND 1/2" /RAN I ♦ ` "�� eui`r�R� ` . ` �' ` ` ` PIPE (NO I.D.) ♦ ♦ ♦ ♦ i ♦ r ♦ ♦ ♦ i ♦ • I♦ ♦R� _�i C.fi� • r 0.1' S. Ar 0.2' £. ` ` - - -10 CPP w• g j i ♦ N +1 SOD AREA ♦ry ♦ i i ♦ -J ♦ y- ay' (7 a V 19 UNDERSTORY TREE ` coNCRET _ `' ` 24 TEL ♦ ♦ COV 14.8' i ♦ ♦ .': ♦ i CANC CONC I : (g) I I'd ♦ 3% AIV i 19.7' 1 ` 19.3, N ♦ 'g • ' ` ' �r y1 i ♦ w Ri + ♦ Q 35.0' + + 1 STORY RESIDENCE "' + + 3 + N �♦ ♦ F.F.E. = 30.03' GARAGE F.F.E. 29.36' ` ♦ ` ' ,� ` ♦ 15.8' ♦ ♦ ♦ ♦ i IVTV♦ i �� r ` . ` Ji'/ TAN ` LOT 3 nl ♦ ♦ 30.5' P�' ♦ i BLOCK 216 , i + EW 5' CONCRETE S/D� K,�+ 4'%' T1' ; WATER 0 .� _ "�'J ♦ ♦ i k ♦t,: 3si '".'«,.: tt,'..•R..;s �� fi3 ♦ METER lb 1k ,fig +, i ♦ g _ lv _ �i � V% � DRIVE —WAY ��`F� ° .� � - r*� X / � ••.:• � •,; a > Mt ., • F* Op rygh 9rL a �g 5 5H UB5- '♦ i i 9 BHRU cPP (2 Y[ SDI•72. i i c ,J ^c 5 +, ♦. ..� i V ♦ • i 4-' w ANCHOR Y� +� t2/+ + {•J -+ (�) <Y�• •Y ♦ •i.Iw •w... V V flV ♦ �F V �,/• ��. } ,5 89 5$5'38" w q5 00' O 91 FOUND 1/2 IRON 0 �0 FOUND 5/8" IRON �0 h PIPE (NO /.D.) �15' ALLEY f ROD & CAP 2084" y 1 a2' S. & 0.2' W. 0..2' S. & a2' E. Q inr m LOT f1 Lnr 19 I