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2013-07-16
CITY OF OKEECHOBEE 81 JULY 16, 2013 REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 16 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II I. CALL TO ORDER - Mayor Pro-Tempore. July 16, 2013, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation to be given by The Very Reverend Father Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Mike O'Connor Council Member Devin Maxwell 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 David Allen IV. PRESENTATIONS AND PROCLAMATIONS - Mayor Pro-Tempore. A. Presentation of State Legislative Appropriation Funds in the amount of $250,000 presented by Senator Denise Grimsley and Legislative Update from CAS Legislative Services, LLC. In the absence of Mayor Kirk and there being no objections, Council Member Watford will serve as Mayor Pro-Tempore to chair the July 16, 2013, City Council Regular Meeting, and called the session to order at 6:00 p.m. The Very Reverend Father Weiss of the Church of Our Saviour offered the invocation; Mayor Pro-Tem Watford led the Pledge of Allegiance. City Clerk Gamiotea called the roll: Absent Present Present Present Present Present Present Present Present Present Present Absent Mr. Ken Grimes of CAS Governmental Services, the City's legislative lobbyist, gave a brief update on the 2013 legislative session. Governor Scott approved the adopted $74.5 billion Budget which includes $250,000 for the City's Stormwater Project, $600,000 for Okeechobee Utility Authority (OUA) Wastewater Projects, $42.3 million in Department of Transportation Work Programs for Okeechobee County, $27.6 million for the Small County Road Assistance Programs, and $49.3 million for the Small County Outreach Programs, as well as Libraries were fully funded. The legislation implemented the voter approved, constitutional amendments for disabled Veterans and low income seniors. In addition it closed a loophole for groups trying to take advantage of consolidating and claiming affordable housing exemptions, which is an estimated $117 million a year savings to local governments. 82 JULY 16, 2013 - REGULAR MEETING - PAGE 2 OF 16 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Presentation of State Legislative Appropriation Funds continued. Sovereign Immunity Waiver (HB 7123) died in the House Appropriation Committee, this bill would have increased the waiver of sovereign immunity cap (lawsuits against governmental agencies) from $200,000 for individual actions and up to $300,000 for all actions arising out of the same incidence or occurrence, to up to $1 million for individual actions or up to $1.5 million for all actions arising out of the same incidence or occurrence for cities, counties, and schools, but retained the lower amount for the state and its agencies. This would have led to higherjudgement amounts against political subdivisions, more frequent payments of higherjudgement amounts against them and significantly higher cost to either buy liability insurance or self -insure. The proposed Local Business Tax and the Communications Services Tax bills did not pass. Pension reform will continue to be a topic of interest, however, the only adopted changes that passed this year are required reporting of Defined Benefit Plans. Senate Bill 50 passed regarding the requirement of public testimony at all public meetings. A good Bill that passed was to authorize the Attorney General to put synthetic drugs, on an emergency list in order to keep these drugs off the streets and off the shelves, as the compound of their make up changes, rather than wait until the next session for it to be adopted. The State of Colorado adopted a blanket law for synthetic drugs, it is being challenged, Florida is waiting to see what the outcome is before adopting a "blanket law." Texting while driving ban was passed and is effective October 1st as a secondary infraction. The City, County, Okeechobee Utility Authority and School Board submitted their requests to the Local Legislative Delegation on January 28, 2013. The City requested support and funding assistance for three projects. The first, the Storm Water Retrofit Project in the amount of $250,000.00 to provide clean, safe waters for residents and the public and improve water quality by providing swales, conveyance and inlet improvements to reduce pollutants, phosphorus and nitrogen loads from water runoff into Taylor Creek and Lake Okeechobee. The second, the City Commerce Center Wetland Compliance and Water Retention issues in the amount of $200,000.00. The third, to provide funding for the Okeechobee Battlefield Historic State Park. The first project received funding appropriation. Mr. Grimes then introduced Senator Denise Grimsley, District 21, to present the State Legislative Appropriations Funds for the Storm Water Retrofit Project, which will improve the water quality by cleaning the canals within Wilcox Shores, Okeechobee Estates and Taylor Cove/Central Park Subdivisions, in the amount of $250,000,00. She offered her congratulations to the City on receiving the funding, and appreciation for all communications during the sessions, and added your CAS team is highly respected and known in Tallahassee, they represent you well. JULY 16, 2013 - REGULAR MEETING - PAGE 3 of 16 • II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Presentation of State Legislative Appropriation Funds continued. Mayor Pro-Tem Watford thanked Senator Grimsley for personally making the presentation. He also recognized Mr. Bryan Mielke, Legislative Assistant, and Mrs. Libby Maxwell, District Secretary, both present on behalf of Representative Pigman who could not be in attendance as he is on active deployment, serving as an Army Physician in Kuwait. This is the first time in history that the City has been honored to host a State Senator at a meeting. B. Present a Forty -Year Longevity Service Award to Cleveland Lamb. In recognition of Mr. Palmer Cleveland Lamb's Forty Years of employment, Mayor Pro -Tern Watford gave a brief biography stating, when Cleveland began his career with the City on June 26, 1973, we did not have applications to fill out nor were personnel files kept. He started as a Laborer making $100 per week, hired by Mr. L.C. Fortner. He was promoted several times, and worked in many positions over the years, Motor Equipment Operator, Crew Leader, and his current title, Maintenance Foreman. The first meeting he was recognized at was on May 16, 1983, by Mayor Edward Douglas, for his 10 years of service. Another interesting fact, he also served as the Interim Public Works Director from April 21,1999 to May 15, 2000. Mr. Lamb was presented with a framed Certificate of Longevity Services, which read, "for 40 years of supreme efforts, determination and the uncompromising quality of your work, it is with deepest appreciation and considerable gratitude that we award you this certificate," and a check for $1,250.00. He is the first employee to reach this level of longevity recognition since its adoption in 1986. Mr. Lamb, who was in attendance with his wife, Cheryl, and their children, thanked the Council for the many years of memories. He will be retiring later this year. C. Presentation of Public Risk Management of Florida Most Improved Finance Director Riedel was happy to announce the City received the "Most Improved Safety Performance Award"', Safety Performance Award to the City of Okeechobee. at the Public Risk Management (PRM) of Florida Property and Casualty Board of Directors June 21, 2013, Meeting, in the Small Entity Class (1-100 employees). The achievement was awarded to the preferred member who had shown the greatest decrease in frequency and severity of workers compensation claims. Each department has taken active roles in preventing claim losses and promoting safety. The award was for the claims period of Fiscal Year 2011 through 2012. To be eligible for the award, members must have participated in the Workplace Safety Credit, Dug Free Workplace Credit and actively participate in Loss Prevention Programs. One of the services afforded each member is the Loss Prevention and Analysis of the Workplace Program. The City asked PRM to perform a walk through of all facilities and properties to identify areas of concern and where improvements could be made. Mrs. Riedel complimented each department for their efforts to promote workplace safety which assists in lowering insurance premiums. She presented the award to Council Member Williams, who also is a representative on the PRM Board on behalf of the City. V. 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 June 18, 2013, Regular Meeting. June 18, 2013, Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. JULY 16, 2013 - REGULAR MEETING - PAGE 4 OF 16 AGENDA V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 18, 2013, Regular Meeting continued. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the June 2013 Warrant Register: General Fund................................$400,103.56 Public Facilities Improvement Fund ............... $ 19,505.01 Community Development Block Grant - HR Fund .... $ 44,495.62 Community Development Block Grant - ED Fund .... $ 1,229.85 VII. AGENDA - Mayor Pro-Tempore. COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Williams moved to approve the June 2013 Warrant Register in the amounts: General Fund, four hundred thousand, one hundred three dollars and fifty-six cents ($400,103.56); Public Facilities Improvement Fund, nineteen thousand, five hundred five dollars and one cent ($19,505.01); Community Development Block Grant - Housing Rehabilitation Fund, forty-four thousand, four hundred ninety-five dollars and sixty-two cents ($44,495.62); Community Development Block Grant -Economic Development Fund, one thousand, two hundred twenty-nine dollars and eight -five cents ($1,229.85); seconded by Council Member O'Connor. There was no discussion on this item. VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Pro-Tem Watford asked whether there were any requests for the addition, deferral or withdrawal of items on agenda. today's agenda. New Business item "D" was withdrawn and New Business Item "M-Exhibit 15" was added. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Pro-Tempore. 111 MAYOR PRO-TEM WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:26 P.M. A. 1. a) Public comments and discussion on the motion on the floor made Mayor Pro-Tem Watford explained a change to the agenda information, and asked for discussion on the motion by by Council Members Williams and Watford to adopt proposed Council Members Williams and Watford, which remains on the floor as it was postponed from the June 18, 2013, Ordinance No. 1098, Application No. 13-001-SSA, submitted by meeting, to adopt proposed Ordinance No. 1098, Application No. 13-001-SSA, submitted by the property owner, Mr. owner, Okeechobee Asphalt & Ready Mix Concrete, Inc., for a Robert Gent, Vice President of Okeechobee Asphalt & Ready Mix Concrete, Inc., for a small-scale amendment the small-scale amendment to the Future Land Use Map, from Single Future Land Use Map, from Single Family to Industrial, on 1.493 acres, specifically being Lots 1 to 5 and 7 to 12, of Family to Industrial - City Planning Consultant (Exhibit 1). Block 44, City of Okeechobee, Plat Book 1, Page 10, and a 0.413 acre unplatted parcel, East of Block 44, all located in the 700 and 800 blocks of Northwest 91h Street and along the North boundary of the CSX Transportation Railroad. The postponement was due to a number of concerns expressed by surrounding owners, code enforcement issues, and the differences of recommendations between the Planning Staff and Planning Board. However, to be certain everyone understood what ordinance was being discussed, Mayor Pro-Tem Watford had Attorney Cook read the title of the ordinance. JURY 16, 2013 - REGULAR MEETING - PAGE 5 of 15 LOA 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. a) Public comments and discussion on the motion on the floor made The floor was yielded to Mr. Gent, who provided new information by explaining he met with Mr. Snell and believes they by Council Members Williams and Watford to adopt proposed have resolved the issues with the dust blowing off materials that are currently being stored at the concrete plant by Ordinance No. 1098, Application No. 13-001-SSA, Okeechobee moving them further away, but not on the subject property. He made attempts to speak with another neighbor, Ms. Asphalt & Ready Mix Concrete, Inc., Future Land Use Map Jenkins, but they had conflicting schedules. The company is investigating the installation of a misting system to make amendment, from Single Family to Industrial continued. additional efforts in keep the dust at a minimum that could be blown off materials stored on the subject property. He then displayed a picture from a 2013 Lawrence Lynch Corporation Calendar to show the type of buffering and landscaping intended on this site. Six photographs dated April 23, 2012, were distributed that illustrated the subject property's code violations in existence prior to the company taking ownership. Mr. Terry Burroughs, as the Chamber President, 55 South Parrot Avenue, spoke in favor of the ordinance, the company is a good employer of the community, and asked for that to be taken into account when making the decision. Mr. Bruce Snell of 3078 Northwest 34`h Avenue, and owns property at 701 Northwest 9" Street, addressed the Council by stating he did not have a problem with the proposed project for storing materials, he had a problem with the Industrial zoning moving more into the residential area, and what could happen in the future. He asked the Council to find a way to allow the materials to be stored without the zoning change. Ms. Ossie Fleming, President of the Community Action Committee for Douglas Park and Deans Court appeared before the Council and explained one of their mission's is to make Deans Court a better community. The residents feel their voice is not heard with local government and how land is zoned. The Committee hopes to be a part of future development plans for the two areas. The residents welcome new businesses, and understand the need for stores and recreation for the youth, but industrial businesses in front of residential houses have upset people. The area is also having to address the proposed 9th Street Bypass Option being studied by Florida Department of Transportation. She urged the Council to deny the request, and submitted for the record a petition with 47 signatures by residents of Deans Court, stated to be over 18 years of age, opposing the Industrial Future Land Use and Rezoning. Mr. Chris Padgett of 3033 Northwest 371h Avenue asked the Council to look at the employment this expansion will bring, and that he was in favor of the Future Land Use and Rezoning to Industrial. Mayor Pro-Tem Watford began the Council discussion by stating this is one of those difficult decisions we have to make. Land planning issues are difficult in transitional areas, this is not our first time addressing issues like this. In most cases, the outcome has gone very well. When looking at land planning issues, we are required to look at the area, what is the best use and what would benefit the entire City. It would be difficult to develop the subject property into any type of residential use. JULY 16, 2b13 - REGULAR MEETING - PAGE 6 OF 16 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. a) Public comments and discussion on the motion on the floor made He applauded the efforts being made by the creation of the new committee to work in the Deans Court neighborhood. by Council Members Williams and Watford to adopt proposed The sanctuary built by the First Missionary Baptist Church of Deans Court a few years ago is beautiful and in close Ordinance No. 1098, Application No. 13-001-SSA, Okeechobee proximity of the subject property. A concern of his has been how much of an impact will be placed on the church. Most Asphalt & Ready Mix Concrete, Inc., Future Land Use Map industrial companies do not operate on Sunday, however Wednesday evening services and special events could be amendment, from Single Family to Industrial continued. affected. However, he did not see where it would be a real detriment. The applicant has been a good neighbor to date, and has shown good faith by committing to install buffering and landscaping to keep disruptions to the community at a minimum. Hopefully the Industrial zoning will be a good fit. Unfortunately, the City cannot do as requested by Mr. Snell, due to state law, the City cannot adopt zoning and land use changes with conditions, and the requested Industrial zoning is the only category that will allow the owners to use their property to store its materials. Council Member Maxwell added that he was sensitive to the concerns of the residents. He visited the area and spoke with many of them. Most City's are looking to lure companies to create job opportunities, having studied the zoning maps, the areas available along the railroad, he added, preventing this development is not going to solve the problems of the community. The improvements that need to be made are separate from this use. He was glad to hear about the Action Committee being started, and hopes it will bring something positive, such as a youth center to the community area. Council Member O'Connor noted his agreement with statements from Council Members Watford and Maxwell. b) Vote on motion. VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B.1. a) Public comments and discussion on the motion on the floor made Mayor Pro-Tem Watford explained a change in the agenda information and asked for discussion on the motion by by Council Members Watford and O'Connor to adopt proposed Council Members Watford and O'Connor, which remains on the floor as it was postponed from the June 18, 2013 Ordinance No. 1096, Rezoning Petition No.13-001-R, submitted by meeting, to adopt proposed Ordinance No.1096, Rezoning Petition No. 13-001-R, submitted by the owner, Mr. Robert owner, Okeechobee Asphalt & Ready Mix Concrete, Inc., to rezone Gent, Vice President of Okeechobee Asphalt & Ready Mix Concrete, Inc., to rezone 0.803 acres, from Residential Lots 1-5 of Block 44, City of Okeechobee from RMF to IND - City Multiple Family to Industria, Lots 1-5 of Block 44, City of Okeechobee. Planning Consultant (Exhibit 2). The postponement was due to a number of concerns expressed by surrounding owners, code enforcement issues, and the differences of recommendations between the Planning Staff and Planning Board. However, to be certain everyone understood what ordinance was being discussed, Mayor Pro-Tem Watford had Attorney Cook read the title of the ordinance. JULY 16, 2013 - REGULAR MEETING - PAGE 7 OF 16 87 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. a) Public comments and discussion continued. b) Vote on motion. C.1. a) Motion to read by title only, proposed Ordinance No. 1099, Comprehensive Plan EAR Amendments Future Land Use and Intergovernmental Coordination Elements - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1099 by title only 2. a) Motion to approve the first reading for Transmittal to the State Land Planning Agency send for transmittal, proposed Ordinance No. 1099. b) Public comments and discussion. The floor was opened for public comments and discussion. There were none, as this item is for the same area discussed on the previous issue. The Council had no additional comments. VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member O'Connor moved to read by title only, proposed Ordinance No. 1099, regarding Comprehensive Plan Evaluation and Appraisal Report (EAR) based Amendments to the Future Land Use and Intergovernmental Coordination Elements; seconded by Council Member Williams. KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1099 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY'S COMPREHENSIVE PLAN, PROVIDING FOR A NEW OBJECTIVE AND A NEW POLICY TO THE FUTURE LAND USE ELEMENT ADDRESSING COMPATIBILITY OF LAND USES LOCATED NEAR OR WITHIN CERTAIN DISTANCES OFAIRPORT RUNWAYS; PROVIDING FOR INCORPORATING A NEW POLICY TO THE INTERGOVERNMENTAL COORDINATION ELEMENT WHICH PROVIDES FOR THE APPOINTMENT OKEECHOBEE COUNTY SCHOOL BOARD TO SIT, UNDER CERTAIN CIRCUMSTANCES, AS A NONVOTING MEMBER OF THE LOCAL PLANNINGAGENCY(LPA); PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member Williams moved to approve the first reading for Transmittal to the State Land Planning Agency, proposed Ordinance No. 1099; seconded by Council Member O'Connor. Mayor Pro-Tem Watford opened the floor to Senior Planner, Bill Brisson to present the Planning Staff Report. Two areas identified in the Comprehensive Plan EAR is that the Plan does not address current legislation requirements for compatibility of land uses located near or within certain distance of airport runways, nor does it provide for the appointment of a representative from the school board to sit as a non -voting member of the Local Planning Agency when Comprehensive or Zoning amendments that would increase residential density are considered. X* JULY 16, 2013 - REGULAR MEETING - PAGE 8 OF 16 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. b) Public comments and discussion continued for proposed Ordinance By adding a new objective and policy to the Future Land Use Element and a new policy to the Intergovernmental No. 1099, Comprehensive Plan EAR Amendments to the Future Coordination Element, both areas will be adequately addressed. The Planning Board reviewed the proposed Land Use and Intergovernmental Coordination Elements. amendments at their June 20, 2013, meeting and voted unanimously to recommend the Council adopt them as presented. Mayor Pro-Tem Watford asked whether there were any questions or comments from the public. There were none. He then opened the discussion for the Council. Questions related to how this could impact Indian River State College potential campus expansion could not be answered as their property is outside the City Limits and would require the County to resolve those issues. It was clarified that residences can be built within the runway protection zone. The discussion then turned to the suggestion by Council Member Maxwell for the amendment to not simply address the minimum statutory requirements but include Staff from other agencies such as the Okeechobee Utility Authority, and for attendance to all meetings, rather than limited by topic. He expressed concerns of communication between all the local governmental agencies. It was explained the School Board, Okeechobee Utility Authority, and several State and County agencies are suppose to send representatives to attend the City Technical Review Committee Meetings, adding more appointments could make the situation more problematic since for some their attendance record is low already. No changes were offered to the amendments. c) Vote on motion. VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor Pro-Tempore. MAYOR PRO-TEM WATFORD CLOSED THE PUBLIC HEARING AT 7:40 P.M. IX. NEW BUSINESS. A. 1. a) Motion to read by title only, and set August 20, 2013, as a final Council Member O'Connor moved to read by title only, and set August 20, 2013, as a final public hearing date for public hearing date for proposed Ordinance No. 1100, City of proposed Ordinance No.1100, City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System Okeechobee and Okeechobee Utility Authority Employees' Internal Revenue Code Amendments, seconded by Council Member Williams. Retirement System Internal Revenue Code Amendments - Attorney Lee Dehner, Christiansen & Dehner, PA (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JULY 16, 2013 - REGULAR MEETING - PAGE 9 OF 16 • LCRJ II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 1100 by title only amending the City General Employee's and OUA Retirement System. 2. a) Motion to approve the first reading of proposed Ordinance No 1100. b) Discussion. c) Vote on motion. City Attorney to read proposed Ordinance No. 1100 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES'RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO.1053, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS; AMENDING SECTION 14, MAXIMUM PENSION; PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." Council Member O'Connor moved to approve the first reading of proposed Ordinance No. 1100; seconded by Council Member Williams. Attorney Lee Dehner of Christiansen and Dehner, Pension Attorney's, was present to address any of the Councils questions or concerns. The proposed amendments come as a recommendation from the Board of Trustees of the City General Employees and OUA Retirement System for adoption by September 30, 2013 as mandated by the Internal Revenue Code (IRC). The amendments cover the definition of Credited Service, and clarify language in the Maximum Pension section relating to tax qualified pension plans. The Pension Actuary provided a letter stating in their opinion, the amendment will have no actuarial impact on the plan, as well as an Impact Statement, signed by Chairperson, James Mullis. KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. 1. a) Motion to read by title only, and set August 20, 2013, as a final Council Member O'Connor moved to read by title only, and set August 20, 2013, as a final public hearing date for public hearing date for proposed Ordinance No. 1101, City of proposed Ordinance No. 1101, City of Okeechobee Municipal Police Officers' Pension Fund Internal Revenue Code Okeechobee Municipal Police Officers' Pension Fund Internal Amendments; seconded by Council Member Williams. Revenue Code Amendments - Attorney Lee Dehner, Christiansen & Dehner, PA (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JULY 16, 2013 - REGULAR MEETING - PAGE 10 OF 16 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. B. 1. c) City Attorney to read proposed Ordinance No. 1101 by title only amending the Municipal Police Officers' Pension Fund. 2. a) Motion to approve the first reading of proposed Ordinance No. 1101. b) Discussion. c) Vote on motion. Attorney Cook read proposed Ordinance No. 1101 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 SECTION 15, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." Council Member O'Connor moved to approve the first reading of proposed Ordinance No. 1101; seconded by Council Member Williams. Attorney Dehner was present to address any of the Councils questions or concerns. The proposed amendments come as a recommendation from the Board of Trustees of the Police Officers Pension Trust Fund for adoption by September 30, as mandated by the Internal Revenue Code (IRC). The amendments cover the definition of Credited Service, and clarify language in the Maximum Pension section relating to tax qualified pension plans. The Pension Actuary provided a letter stating in their opinion, the amendment will have no actuarial impact on the plan, as well as an Impact Statement, signed by Chairperson, Dennis Davis. KIRK - ABSENT WATFORD - YEA VOTE MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. C.1. a) Motion to read by title only, and set August 20, 2013, as a final Council Member O'Connor moved to read by title only, and set August 20, 2013, as a final public hearing date for public hearing date for proposed Ordinance No. 1102, City of proposed Ordinance No.1102, City of Okeechobee Municipal Firefighters' -Pension Trust Fund Internal Revenue Code Okeechobee Municipal Firefighters' Pension Trust Fund Internal Amendments; seconded by Council Member Williams. Revenue Code Amendments - Attorney Lee Dehner, Christiansen & Dehner, PA (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. KIRK - ABSENT WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. JULY 16, 2013 - REGULAR MEETING - PAGE 11 OF 16 91 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. C. 1. c) City Attorney to read proposed Ordinance No. 1102 by title only amending the Firefighters' Pension Fund. 2. a) Motion to approve the first reading of proposed Ordinance No. 1102. b) Discussion. c) Vote on motion. D. Consider a request for financial assistance for the Okeechobee Cattlemen's Arena Restoration Project - Todd Clemons, Okeechobee Cattlemen's Association (Exhibit 7). E. Consider approval of a Workers' Compensation Supplemental Payment Extension - City Administrator (Exhibit 8). Attorney Cook read proposed Ordinance No. 1102 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED PURSUANT TO ORDINANCE889, AS SUBSEQUENTLYAMENDED; PROVIDING FOR SEVERABILITY' OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE', DATE. " Council Member O'Connor moved to approve the first reading of proposed Ordinance No. 1102; seconded by Council Member Williams. Attorney Dehner was present to address any of the Councils questions or concerns. The proposed amendments come as a recommendation from the Board of Trustees of the Firefighters Officers Pension Trust Fund for adoption by September 30, as mandated by the Internal Revenue Code (IRC). The amendments cover the definition of Credited Service, and clarify language in the Maximum Pension section relating to tax qualified pension plans. The Pension Actuary provided a letter stating in their opinion, the amendment will have no actuarial impact on the plan, as well as an Impact Statement, signed by Chairperson, John Koepke. VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. The item to consider a request for financial assistance for the Okeechobee Cattlemen's Arena Restoration Project - Todd Clemons, Okeechobee Cattlemen's Association was withdrawn. Council Member O'Connor moved to approve a Workers' Compensation Supplemental Payment Extension for ninety (90) days for Brian Padgett, Public Works Maintenance Operator, for a third extension, from July 20, 2013 through October 18, 2013, or until he is released to return to duty by means of full, light or limited duties with or without restrictions from his physician; seconded by Council Member Williams. Mr. Brian Padgett continues to recover from his injury that took place on October 23, 2012. The initial 90 calendar days was fulfilled on January 22, 2013. The Council has approved two extensions, the first was from January 23, 2013 through April 22, 2013. The second was from April 23, 2013 to July 20, 2013. Should he return prior to October 18, 2013, the benefit will end. 92 DULY 16, 2013 - REGULAR MEETING - PAGE 12 OF 16 AGENDA IX. NEW BUSINESS CONTINUED. COUNCIL ACTION - DISCUSSION - VOTE E. Consider approval of a Workers' Compensation Supplemental VOTE Payment Extension continued. KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. F. Motion to approve implementation of The Compliance Engine web- Council Member O'Connor moved to approve implementation of The Compliance Engine (TCE) web -based system based system as a management tool for Life Safety Inspections - as a management tool for Life Safety Inspections; seconded by Council Member Maxwell. Fire Chief Smith and Bryan Schultz, Brycer, LLC (Exhibit 9) Mr. Bryan Schuiltz of Brycer, LLC., was in attendance to respond to questions regarding, TCE, which is a web -based software system that manages State required reports submitted by contractors on Life Safety Inspection issues such as fire extinguishers, fire sprinkler systems, fire alarms, commercial hood extinguishing systems and fire pumps. Fire Chief Smith will be advised electronically as inspections are completed by the certified fire protection contractors, of the businesses that are deficient and those who are in compliance. Currently the City does not have a submittal procedure in place, therefore each contractor submits the reports through various methods and on different forms, which then requires staff to spend a significant amount of time reviewing the reports. By creating a streamline submittal procedure, the Fire Department Staff will be able to be pro -active in following up on those businesses in violation. Discussion ensued, the software program is at no cost to the City, but will require a contract with the company in order to provide the service. Attorney Cook had not reviewed the proposed contract as of meeting time. Council Member Williams moved to amend the motion, to bring the proposed Contract back to the Council, upon approval of the City Attorney; second by Council Member O'Connor. VOTE ON MOTION TO AMEND KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. G. Presentation of Chamber of Commerce Midyear Status Review - Mr. Terry Burroughs, President of the Chamber of Commerce of Okeechobee County, presented a Mid -Year Review Terry Burroughs (Exhibit 10). on the Chambers current accomplishments for organizational achievements: they now have154 members; developed a Leadership Okeechobee Program; the Business Advocacy Program has been effective; relocated to the old Chamber building; and with the City's approval, sub -let office space to Okeechobee Main Street and State 11 Representative Pigman. JULY 16, 2013 - REGULAR MEETING - PAGE 13 OF 16 93 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. G. Presentation of Chamber of Commerce Midyear Status Review continued. A new Executive Director was hired. They are providing concealed weapons permit training to residents; implemented a community calendar on their website; and became a member of the Florida Association of Chamber Professions. In regards to Economic Development Achievements: assisted Charles Composites with the Quick Response Training (QRT) and Qualified Tax Incentives (QTI) process with Enterprise Florida; assisted the following new or existing businesses: Zippy's, Pat's Floral, Posh's Salon, Son Rise Cafe, Parrott Island Grill, Brown Cow Sweetery, Harbor Federal, CenterState Bank, Applebee's, Papa John's Mixon Realty. Provided marketing materials about the County to specific site selectors involved with manufacturing and distribution services; worked with Central Florida Planning Agency on the Comprehensive Economic Development Strategies Committee developing a Five -Year Plan for the region. They are currently assisting a Biomass Power Plant Company and food distribution company coming to Okeechobee County; conducted an economic development workshop in conjunction with the Florida Research Coast and Florida Power and Light; conducted a State of the Region Seminar with a panel of speakers discussing the State of Economy from banking, real estate, manufacturing, healthcare and workforce points of views. For future direction they intend to continue helping existing and new businesses, and promote, through education, the Enterprise Zone benefits. One noticeable statistic that they intend to work on is that in the last year,15 businesses have gone out of business, as well as begin to focus on assisting the Spanish business community. They will continue to market Okeechobee as a "business destination" by promoting collateral materials to secure target industries; continue to improve theirwebsite; attend the Enterprise Florida Stakeholders meeting; and attend the Outreach to Site Selectors conference in February. Mr. Burroughs was congratulated on the Chambers efforts with Charles Composites locating in Okeechobee. There was no official action required on this item. H. Discussion regarding window replacement for the Chamber of The Council took action on May 4, 2013, to offer to pay for the costs, not to exceed one-half of the window Commerce - City Administrator. replacements for all 22 windows, with a single hung colonial style insulated impact resistant glass, as submitted in the quote from Batton Consulting Service, LLC, for the Chamber of Commerce Building. President Burroughs addressed the Council by explaining the Board of Directors agreed to the terms, however, they requested the City manage the 11 project and they will reimburse their fifty percent portion over an 18-month period. Council Member Williams moved to allow the Chamber of Commerce of Okeechobee County up to 18 months to repay their 50 percent match to cover the costs to replace 22 windows at the Chamber building, and the City will administer the project; seconded by Council Member O'Connor. JULY 16, 2013 - REGULAR MEETING - PAGE 14 OF 16 AGENDA IX. NEW BUSINESS CONTINUED. H. Discussion regarding window replacement for the Chamber of Commerce continued. COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. I. Consider a request to replace the windows at the Police Department Administrator Whitehall advised the windows at the Police Department are in need of replacement, and since the City - Police Chief Davis (Exhibit 11). will be bidding the project for the Chamber building, the Police Department which is located next door, could be easily repaired as well. The bid will call for a similar type of window as the Chamber. They will be separate bids so as not to cloud the Chambers percentage, and will come back to the Council for award. This is not a budgeted item, the project is estimated to cost between $14,850.00 to $18, 598.00 based on preliminary quotes. Council Member O'Connor moved to replace all 17 windows at the Police Department; seconded by Council Member Williams. KIRK - ABSENT WATFORD - YEA VOTE MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. J. Renewal of Public Risk Management Group Health Insurance - City Council Member Williams moved to approve the continuation of the current Health Insurance Plan with Public Risk Administrator and Finance Director (Exhibit 12). Management (PRM) of Florida Health Trust, to be offered to all eligible employees effective October 1, 2013 and for the City to pay 100 percent of the Blue Options 03748 (current plan) premium for the employee and $70.00 toward dependent health insurance cost; seconded by Council Member O'Connor. Finance Director Riedel reviewed Exhibit 12, distributed at the meeting, explaining Staffs recommendation and options. Over the past six years the City minimized increases by moving to be a participant with PRM. A Health Fair was started this year as part of our wellness program. Staff recommended to stay with the current plan even though there is an increase of $40,666.00, equal to 11.25 percent from last year, as the City has experienced higher than normal claims for the last 12 months. KIRK - ABSENT WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. JULY 16, 2013 - REGULAR MEETING - PAGE 15 of 16 95 AGENDA IX. NEW BUSINESS CONTINUED. K. Motion to approve the maximum millage rate for advertisement for 2013 tax notices, 8.8765 for FY 2013-2014 - Finance Director (Exhibit 13). L. Motion to approve 2013-2014 Budget Preparation and Millage Calendar setting Workshop(s) to be held August 201h at 5:00 pm, August 27'h at 5:00 pm (if needed), First Public Hearing September V at 6:00 pm, and Final Public Hearing September 17, 2013 at 6:00 pm, all to be held in Council Chambers at 55 SE 3`d Avenue, Okeechobee Florida - Finance Director (Exhibit 14). ITEM ADDED TO AGENDA: M. Requesting authorization to advertise RFQ's for a consulting engineer - Administrator (Exhibit 15). COUNCIL ACTION - DISCUSSION -VOTE Council Member O'Connor moved to approve the maximum millage rate of 8.8765 for advertising the 2013 tax notices, Fiscal Year 2013-2014; seconded by Council Member Williams. Finance Director Riedel advised that 8.8765 is the calculated rollback/roll-forward rate with the applicable State allowed Consumer Price Index (CPI). The Council will determine whether the rate should be increased to the proposed 8.8765 after discussion at the Budget Public Hearings. The last two years the millage rate has stayed the same at 7.7456. VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Williams moved to approve the 2013-2014 Fiscal Year Budget Preparation and Millage Calendar, setting Workshop(s) to be held August 20`h at 5:00 pm and August 27`h at 5:00 pm (if needed), First Public Hearing on September 3, 2013, at 6:00 pm, and Final Public Hearing September 17, 2013, at 6:00 pm, all to be held in Council Chambers at 55 SE V Avenue, Okeechobee Florida; seconded by Council Member O'Connor. KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member O'Connor moved to authorize the Administrator to solicit Request for Qualifications for a Consulting Civil Engineer and Surveyor (to assist on various City projects); seconded by Council Member Maxwell. Administrator Whitehall explained, when Staff requested changes in the Public Works Department Staff, by not filling the full time Engineer position, it was also discussed that the City would need to have a Civil Engineer on an as needed basis. The City has several projects which will require review by a Professional Engineer, and may need surveying services as well. In following the Competitive Negotiations Act, a committee will rank the firms who reply to the RFQ, for Council approval. The next step would be for the Administrator to negotiate the terms of a contract using the approved ranking; and then finally the Council would approve the contract and firm. 96 JULY 16, 2013 - REGULAR MEETING - PAGE 16 OF 16 L AGENDA IIII COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: M. Requesting authorization to advertise RFQ's for a consulting engineer continued. X. ADJOURN MEETING - Mayor Pro-Tempore. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CM ;.City dClerk VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There being no further discussion nor items on the agenda, Mayor Pro-Tem Watford adjourned the meeting at 9:15 p.m. The next regular scheduled meeting is August 20, 2013. INDEPENDENT' _ NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, EL 34974 (863) 763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom. Byrd, who on oath says he is Publisher 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 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of — .Pf� 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. Ttm1 Byrd Sworn to and subscribed before me this _.__._day of - _ AD Notary Public, State of Florida at Large a ANGIE BRIDGES i MY COMMISSION # EE 177653 :o EXPIRES: April 202016 of F d Bonded Thru Notary Public Underwriters CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okee- chobee will meet In Regular Session on 7besday, July 16, 2013, at 6:00 pp m at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public is Invited and encouraged to attend. PLEASE TAKE NOTICE AND BE ADVISED that no stenog2phis record by a certified court reporter will be made of the foregoing meeting. Accordingly, any who may seek to appeal any decision Involving the matters no- tln will be responsible for making a verbatim record of the testimo- rry and evidence at said meeting upon which any appeal is ro be based. Mease contact City Administration at 863-7a cop6Y3-3372, or wnebsibe www�rd eedw�encemceomAmericansto nwith Disabiltl aAct d(ADA) of 1990 per- sons needing special accommodation to participate in this proceeding should contact the City Cleric's Of oe at863-763-3372 for assistance. by: James E. Kbk, Mayor Lane Gamiotea, CMC, City Clerk 446715 ON 7/12/2013 IV. CITY OF OKEECHOBEE JULY 163 2013 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER - MAYOR PRO TEMPORE: July 16, 2013, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk 6,IL4J- JL _ Council Member Devin Maxwell ,/ Council Member Mike O'Connor 1/ Council Member Dowling R. Watford, Jr. ;--� Council Member Clayton Williams_, - City Administrator Brian Whitehallj/ City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith v" Public Works Director David Allen PROCLAMATIONS AND PRESENTATIONS - Mayor Pro Tempore. A. Presentation of State Legislative Appropriation Funds in the amount of $250,000 presented by Senator Denise Grimsley and Legislative Update from CAS Legislative Services, LLC. / B. Present a Forty -Year Longevity Service Award to Cleveland Lamb. C. Presentation of Public Risk Management of Florida Most Improved Safety Performance Award to the City of Ok�elchobee. PAGE 1 OF 5 July 16, 2013 PAGE 2 of 5 J ��V. MINUTES - City Clerk. r.�P A. Motion to dispense with the reading and approve the Summary of Council Action for, t e June 18, 2013 Regular Meeting. 'a � , .x'N � .. � ���" C �� �i�D � ��y C.,C.l.<l/��_ ✓ � h � �i��2i,�.a VI. WARRANT REGISTER - City Administrator. ppRegister. A. Motion to approve the June 2013 Warrant General Fund $400,103.56 Public Facilities Improvement Fund $ 19,505.01 Community Development Block Grant Fund $ 44,495.62 Community Development Block - Economic Grant Fund $ 1,229.85 VII. AGENDA - Mayor Pro Tempore. A. Requests for the addition, deferral or withdrawal of items on today's agenda. J,67--,04-, VIII. OPEN PUBLIC HEARING FOR C «C ORDINANCE ADOPTION - Mayor Pro Tempore. � Wfs 1�lf i3 PLEc� I rn C�CIceps rr,c,�r�.e i� 0-of `s b2c t u►� Lt'CZ -' rc�C, P"s��:�c n�cE � �w ' A.1.a) proposed Ordinance No.1098, Application No.13-001-SSA, , - City Planning Consultant (Exhibit 1). 7"'✓,,.:`� s. prig 7'... Vote on motion. r IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. t ,1 P���l�e (cytitcllCcto_�l ct�c�U��� � �`�' Cyr` << B.1.a) proposed Ordinance No. 1096,lRezoning Application o. 13-001-R, submitted by owner, Okeechobee Asphalt & Ready Mix C one o s - y o eec o - City Planning Consultant (Exhibit 2). r manc'Ell No. n -b)— Public comments and discussion. �j Vote on motion.` C.1.a) Motion to read by title onl proposed Ordinance No.1099, Comprehensive Plan EAR Amendments Future Land Use/Intergovernmental Coordination ElemenCity Planning Consultant (Exhibit 3). b) Vote on motion to read by title onl c) City Attorney to read proposed Ordinance No. 1099 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1099. ef( ji2 d t"i b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. ,.- ` 7 A NEW BUSINESS. A.1.a) Motion to read by title only and set August 20, 2013 as a final public hearing date for proposed Ordinance No.1100, City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System Internal Revenue Code Amendments - Attorney Lee Dehner, Christiansen & Dehner, PA (Exhibit 4). n July 16, 2013 PAGE 3 of 5 July 16, 2013 PAGE 4 of 5 IX. NEW BUSINESS CONTINUED. A.1.b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1100 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1100 b) Discussion. c) Vote on motion. W�� B.1.a) Motion to read by title only and set August 20, 2013 as a final public hearing date for proposed Ordinance No. 1101, City of Okeechobee Municipal e#igh#ce,Ps'-Pension Fund Internal Revenue Code Amendments -Attorney Lee Dehner, Christiansen & Dehner, PA (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1101 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1101. l b) Discussion. c) Vote on motion. C.1.aj Motion to read by title only and set August 20, 2013 as a final public hearing date for proposed Ordinance No.1102, City of Okeechobee Municipal r Pension Trust Fund Internal Revenue Code Amendments - Attorney Lee Dehner, Christiansen & Dehner, PA (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. l c) City Attorney to read proposed Ordinance No. 1102 by title only. j July 16, 2013 PAGE 5 OF 5 NEW BUSINESS CONTINUED. C.2.a) Motion to approve the first reading of proposed Ordinance No. 1102 0 b) Discussion. c) Vote on motion. y"c c,�- �;te�i�• t Jk Consider a request for financial assistance for the Okeechobee Cattlemen s Arena Restoration Project - Todd Clemons, Okeechobee Cattlemen s Association (Exhibit 7). ,,s { E. Consider approval of a Workers' Compensation Supplemental Payment Extension - City Administrator (Exhibit 8). t qG' 'j�- , ? ram; c - :� _ F. Motion to approve implementation of The Compliance Engin web -based system as a management tool for Life Safety Inspections - ire Chief Smith and Bryan Schultz, Brycer, LLC (Exhibit 9);,L LL cl� c�� I?X, # i 4 %.4r. G./ Presentation of Chamber of Commerce Midyear Status Review - Terry Burroughs (Exhibit 10). H. Discussion regarding window replacement for the Chamber of Commerce - City Administrator. I. Consider a request to replace the windows at the Police Department - Police Chief Davis (Exhibit 11). J. Renewal of Public Risk Management Group Health Insurance - City Administrator and Finance Director (Exhibit 12). {� K. Motion to approve the maximum millage rate for advertisement for 2013 tax notices, 8.8765 for FY 2013-2014 - Finance Director (Exhibit 13). L. Motion to approve 2013-2014 Budget Preparation and Millage Calendar setting Workshop(s) to be held August 201h at 5:00 pm, August 271h at 5:00 pm (if needed), First Public Hearing September 3' at 6:00 pm, and Final Public Hearing September 17, 2013 at 6:00 pm, all to be held in Council Chambers at 55 SE 3' Avenue, Okeechobee Florida - Finance Director (Exhibit 14). X. 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 is for the sole purpose of backup for official records of the Clerk. r Llot, %t J , 0. _ a -U - fze--X� 0-7 )JILPI-) RkL4 Pt - r� xo� px�cz, � r rf ' r� r - - ._ �L� � � rf -- ir.�r.�r C � t � � n O-x, �o� to e - c �, J-- � c``, i, ,: �) — 14SJ-- 6d0f� /L � - Ac4 j �J, t��b 97 Gad a '1--Ir� 7M) ly" ✓-e 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. bhttehall(i�cityofokeechobee.com y. F+ * * * * *Memorandum ��1916 *tom Date: July 16, 2013 TO: Mayor and City Coil FR: Admin RE: Agenda changes for your consideration 1. Remove item #D, considering a donation to the Cattlemen's proj ect 2. Add item #M, approval to seek RFQs for consulting engineer. Exhibit 15 has been placed at your desk 3. FYI — Exhibit 12, PRM Group Health Insurance renewal information has been placed at your desk Thanks! it is with deepest Appreciatfon and.considerable GratltUde that the City recognize: CLEV,ELAND.LAMB For his supreme efforts, determination, dedication to the citizens, and the uncompromiising quality of his work for4o years` June 26, 1973 to June 26, 2013, Presented on this 16th day of July, 2013 on behalf of the Mayor and City Council for the City of Okeechobee, 'Florida Dowling R. Watford, Jr., Mayor Pro-Te pore Attest: Lane Gami®tea, CMC, City Clerk Bio on Lamb: Mr. Palmer Cleveland Lamb began his 40-year career with the City of Okeechobee on June 26, 1973 as a Laborer, in the Street Department, making $100 per week. He was hired by Mr. L.C. Fortner. When hired the City didn't have job applications to fill out. His first personnel file wasn't created until 1979 by City Clerk Bonnie Thomas. In less than a year after working with the City he was promoted to Motor Equipment Operator I Trainee, completing his training within two months. Then on June 11, 1974 he was promoted two positions up as a Motor Equipment Operator III. The May 16, 1983 City Council Meeting was the first meeting Mr. Lamb was recognized for his longevity, by Mayor Edward Douglas, who recognized all the employee's with 10 years service. On April 10, 1986 his job title was changed and additional duties were given when he became the Crew Leader. Just a little over a year later, on October 1, 1987, his job title would change for the final time, to what it is today, Maintenance Foreman, with the exception between April 21, 1999 to May 15, 2000 when he served as the Interim Public Works Director. For 40 years of supreme efforts, determination and the uncompromising quality of your work, it is with deepest Appreciation and considerable Gratitude that we award you this Longevity Service Certificate and a check for $1,250.00. He is the first employee to reach this level of longevity, since its adoption in 1986. PRM-Award presentation for "Most Improved Safety Performance" July 16th, 2013 Safety awards were presented at the Board of Directors meeting of the Public Risk Management in the Property and Casualty Division. The City of Okeechobee is/was presented with the "Most Improved Safety performance for a small entity. The achievement was awarded to the preferred Member who had shown the greatest decrease in frequency and severity of Workers' compensation Claims. The City and each department have taken active role in preventing claim losses and promoting safety within our City. The award was for our performance from FY Oct 2010 through 2012. To be eligible for the award we must have participated in the Workplace Safety Credit, Drug Free Workplace Credit and Be active in participating in loss prevention programs- One of the services afforded each member is the loss prevention and analyses of the workplace. We asked PRM to perform a walk through of our facilities and properties to identify areas of concern. Where improvements could be made we did and I feel confident that each department continues to promote safety in the workplace. PUBLIC RISK MANAGEMENT OF FLORIDA PROPERTY & CASUALTY BOARD OF DIRECTORS MEETING June 21, 2013 REGULAR AGENDA SUMMARY 3. Executive Director's Report Ross Furry, Executive Director A. Member Safety Awards — Bonnie Mims Safety awards are being presented to Members for their achievements in preventing claim losses and promoting safety within their organizations for a claims period of Fiscal Year 2011 (10/1/10-9/30/11) through Fiscal Year 2012 (10/1/11-9/30/12). To be eligible for the awards, Members must receive the Workplace Safety Credit, Drug Free Workplace Credit, and actively participate in loss prevention programs utilizing PRM LP services and other internal and external loss control measures. This year PRM is proud to present the following awards to: Most Improved Safety Performance: City of Okeechobee — small entity class (1-100 employees) City of Belle Glade — medium entity class (101-200 employees) / Hardee County BOCC — large entity class (200+ employees) This award is for the Preferred Members who have shown the greatest decrease in frequency and severity of Workers' Compensation claims: Best Overall Safety Performance: / City of Wauchula This award is for the Preferred Member who has shown the greatest overall decrease in frequency and severity of claims within all lines of coverage combined. Exhibit 1 ORDINANCE NO. 1098 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCENO. 636 AS AMENDED, BY REVISING THE FUTURE -LAND USE MAP ON A CERTAINTRACTOF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO INDUSTRIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. July 16, 2013 WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues provides for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 13-001-SSA), submitted by Robert Gent, Registered Agent for Okeechobee Asphalt and Ready Mixed Concrete, Inc., for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed bythe City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on May 16, 2013, which determined such application to be consistentwith the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City ha&agreed with the recommendations of the Planning Board that the proposed application complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is 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: SECTION1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of- Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part 11, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 1.493 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Ordinance No. 1098 - Page 1 of 2 a. Application No. 13-001-SSA, from Single Family to Industrial. The Legal Description of Subject Property is as follows: Lots 1 through 5 and the North 40 feet of Lots 7 through12, of Block 44, City of Okeechobee, Plat Bk 5, Pg 5, Okeechobee County Public _. Records; together with Beginning at the Northwest corner of Block 45 of said Plat, and run West 150 feet to the East line of Northwest 8th Street; thence South along the East line of Northwest 8th Street, 200 feet to the North line of -Seaboard Air Line Railroad right-of-way; thence East along the North line of said railroad 160 feet to the Southwest corner of Lot 4 of said Block 45; thence North along the West line of said Block 45, 200 feet to the Point of Beginning; being a part of the former but now abandoned, Florida East Coast Railway right-of-way; Less the East 60 feet thereof; said land situate lying and being in Okeechobee County, Florida. SECTION4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, thatthe provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended March 3, 2009", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. 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 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No.1098 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and final public hearing on this 18r" day of June, 2013. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 1811 day of June, 2013. ByofFcialactiononJune 18, 2013, the City Council postponed the Adoption and Final PublicPe—anngto July 16, 2013. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC; City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1098 - Page 2 of 2 Staff Report Small Scale Comprehensive Plan ` f. Amendment Prepared for, The City of Okeechobee Applicant: Okeechobee Asphalt & Ready Mixed Concrete, Inc Petition No.: ' 13-001-SSA Planning Management Services, Inc. i1375 Jackson Streer. Suite 206 Futt Alyea, Florida x 239,3343366 Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No. 13-001-SSA 1Gen-ral l'nformation r s r ( ! F � i i l i1t_,.-,cl,....'i t^k;M.� i kt. eN `1 R`. O-w1�er/ Applicant ;�.M©b Gent -Okeechobee Asphalt & Re ady - ,I,&Dxgd Concrete, In :Applicarit,A,ddress = U:NV11.9"' Street :. 5.3'' Okeechob e; FL 34972. Sife Add re s N.. - 9 Street --- 1----- -- ---- JI-841 NW8'hAvenue Applicant Phone Number - - ---_ : 863-763=73°73 bgenfnctpavincor_ =i Contact .Person v --- - Amy. Eaton,. AECOM . [Qonf�ct Phone_�lttt�ber_ Existing.: Proposed ---- -- ;Future Land Use Map CI_a5s;fioat, ,hS� gle^Family _„�_ j�Inrlustr�el ? Zoning- Distfict IND (lots.7 - •1-2) IND IND (FEC r/w parcel) :.Useof Pro e -Storage of� ►'(Y i Vacatt palt/concret�' ,materials I Acreage 1.493-----:- : 1.493' Serving T(or,da Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No. 13-009-SSA LOTS 1 AND 2 OF BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 3, 4, AND 5 AND THE NORTH 40 FEET OF LOTS 7, 8, 9 AND 10, BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, AND PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. THE NORTH 40 FEET OF LOT 11 AND 12, BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, ALSO BEING RECORDED PLAT BOOK 1 PAGE 10 PUBIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. BEGINNING AT THE NORTHWEST CORNER OF BLOCK 45, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND RUN WEST 150 FEET TO THE EAST LINE OF TUSCALOOSA STREET; THENCE SOUTH ALONG THE EAST LINE OF TUSCALOOSA STREET 200 FEET TO THE NORTH LINE OF SEABOARD AIR LINE RAILROAD RIGHT OF WAY; THENCE EAST ALONG THE NORTH LINE OF SAID RAILROAD 150 FEET TO THE SOUTHWEST CORNER OF LOT 4 OF SAID BLOCK 45; THENCE NORTH ALONG THE WEST LINE OF SAID BLOCK 45, 200 FEET TO POINT OF BEGINNING; BEING A PART OF THE FORMER BUT NOW ABANDONED, FLORIDA EAST COAST RAILWAY RIGHT OF WAY;LESS THE EAST 60 FEET THEREOF; SAID LANDS SITUATE LYING AND BEING IN OKEECHOBEE COUNTY, FLORIDA Parcel Identification Numbers: 3-15-37-35-0010-00440-0010, 3-15-37-35-0010-00440-0070, 2-16-37-35-OOAO-00003-0000 3-15-37-35-0010-00440-0030, 3-15-37-35-0010-00440-0110, The Applicant is requesting to amend the Future Land Use Map from Single Family to Industrial. Based on the size of the property (1.493 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan because the State Statutes allow up to 20 acres under the Small Scale Plan Amendment procedures in a County designated as Economically Distressed. Serving Florida Local COVernMenis Since 1988 r Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Small Scale Comprehensive Plan Amendment Petition No. 93-001-SSA AV i ceni' utu� U-1 AM wo-o"s aiic � -6�`` in/yiD[etricts _.h.. . �!� �J' Y Y FutureLantl.Usella :fassificatiori�`�`Sn`� - - ple FamilyComtnre�al nd MOI 1=a Zoning District: RMF and CPO (see map) .ii•'Existinga:no:Use: _ - . _ - - - — - - - Vacan f excep€ for single family.homes on Lnfi 6 anc . , �f ::north of the FEE: rlw:pareel 'Eas# : �� Future Land Use Map G(as;;ificatioh'::,(dustfial - - ,. :Bonin; ,Future,LandUse Map Class ification: °Single=Farti�ily and. MuIfG- r :. _:.......... _ ' F:amily_sauth of railroad..* Zoning District: RSF 1 south of railroad and NW 8'h Street :. Exisfing Land Use;. f Residential apartments= and :. ..:... .:; .vacant ..:. .. _ Wes.f: Future Land se Map. assificatlon� West of Lot:5'is .Sing.le- `..amily;•beyond that:is-Mufti ° Family; • - - . VVestof Lof7is Single- : Fa . milt . _ Zoning District: West of Lot 5 is RMF; Existing Land Use: Serving Florida l.orr4GOveromenlsSince 1968 West of Lot 7 is IND W st of Lot 5 is a'Single .family home then a Church; West of. Lot 7 is vacant (see map) Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No. 93-001-SSA The Applicant is proposing to amend the Future Land Use Map to allow industrial uses on the subject property. It is our understanding that Lots 7 — 12 have been used for storage of industrial.materials. The Application states that the intended use of the properties is for storage of industrial materials, but if the requested change is approved, use of the property will not be limited only to storage. A. Consistency with Goals, Objectives and Policies of the Plan The primary goal of the Future Land Use Element is to continue to maintain a high quality living environment through a well -planned mix of compatible land uses [emphasis added] and to preserve its distinctive natural and historic resources and to provide public services to its residents at a minimum cost. The Applicant is requesting to amend the Future Land Use Map from Single Family to Industrial. As some of you Will recall, each of the properties contained within this Application were the subject of discussion during a work session held in May of 2012. At that time the following materials were presented to the Board: LOTS 7 — 12: We recognized that the property is owned by Okeechobee Asphalt and Ready Mixed Concrete. While there was what appeared to be a small single-family house and an RV, it was considered vacant in the Property Appraiser's records. It is our understanding that the property has been used to some extent for the storage of industrial materials associated with Okeechobee Asphalt and Ready Mixed Concrete operations. At that time our recommendation was to change the Future Land Use Category of these lots from Single-family to Industrial. The basis for this recommendation was to recognize its adjacency to the railroad and that the depth of the lots (about 42 feet) make the lots largely unsuitable for residential use. We still believe Industrial is the most appropriate Future Land Use Category for these lots. 4 Sendug Florida Locat Governments Slnce L9S3 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, inc. Petition No. 93-009-SSA THE ABANDONED FEC RAN PARCEL: Originally this property was thought to have no Future Land Use Designation. However, since that time, 'it was determined that an error had been made some time ago and research showed thatthe property carries a Single Family designation. This property is also owned by Okeechobee Asphalt -and is immediately adjacent to existing facilities and operations associated with its ready mixed concrete operations. This and the parcels separation by roadways from residential uses and residentially zoned properties served as the basis for our recommendation to change the Future Land Use category to Industrial. We still believe Industrial is the most appropriate Future Land Use Category for this parcel_ LOTS 1 — 5: These properties are all vacant and are also designated Single -Family on the Future Land Use Map (FLUM). Immediately to the west is a single-family home. To the north is a vacant commercially designated lot which, as we understand it, is likely to be used as office for Okeechobee Asphalt. The other vacant parcels on the north side of NW 91h Street are owned by the Missionary Baptist Church'which has its physical location at the southwest corner of the intersection of NW 9t' Street and NW gthAvenue. While an Industrial designation may be acceptable, the more appropriate Future Land Use designation would be Multi -Family. This designation would be consistent with the aforementioned goal in the Future Land Use Element. Specifically, except for the narrow lots bordering the north•side of the railroad, and the one commercial lot, all properties in this neighborhood have been designated for residential use, and all are zoned RMF. Clearly all property owners and residents in the neighborhood have the right to have expected one form or another of residential use on these properties. At that time we stated "We believe a Multi -Family FLU designation is the most appropriate..." We still believe Multi -Family is the most appropriate Future Land Use Category for these properties. B. Consistency with Other Aspects of the Comprehensive Plan We agree with the Applicant that the requested changes to the Future Land Use Map, either in whole or in part, will have no appreciable effects upon the projected population of the City; adjacent unincorporated areas; traffic levels, or provision of public facilities or services. Serving Florlds Local Governments Slice 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No. 13-001-SSA 12r.'.-1 Based on the foregoing materials and analysis, the Staff • • -Planning Board recommend to the City Council to: 1. Deny 'the Applicant's request to amend the Future Land Use Map from Single - Family to Industrial for Lots 1 — 5 of Block 44. Rather, we recommend changing the Future Land Use Designation to Multi -family. 2. Approve the Applicant's request to amend the Future Land Use Map from Single - Family to Industrial for Lots 7 — 12 of Block 44 and the FEC r/w property in Block 45. Submitted by: Wm. F. Brisson, AICP May 3, 2013 Planning Board Hearing: May 16, 2013 Council Hearing: June 4, 2013 Attachments: Future Land Use Map, Zoning Map, and aerial photograph Serving Florida Loc:tl Governmutts Slnce 1983 Staff Report Applicant's Name: Okeechobee Asphalt & Small Scale Comprehensive Plan Amendment Ready Mixed Concrete, Inc. Petition No. 93-001-SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS 1 I. r M� )a � •t 2: a4 � e � m. �1: rt N.W.10 TH STr U � � � • • is 'i tl 7! 1 ' I , � . F ! : 9 b' J S E G � +1 � � t 2 + J� 27 r ' Miff a rK 5519EL- i f --3 '.JUU f UJ Priop I 1 0 rc 7 G -4 COURT 4 COURT 1 i ' I COMPREHENSWE PLAN. [LAND USE --i MUM - FMLy CaxmcaiCL?L IPML-mr—jAL .. 1 PU SU(C R;CUSP[E.S ,; sl rti mi.Lsn 3xr USE - am ___ 7 - k'r%in,;;:i,•ni�s Lnr:d t_a+.Yre:rierr5 tiiraV i+JbS Staff Report Applicant's Name: Okeechobee Asphalt & Small Scale Comprehensive Plan Amendment Ready Mixed Concrete, inc. Petition No. 93-oo l -SSA ZONING SUBJECT SITE AND ENVIRONS Z. Sar+itt� Por;cla Lacai <::1lYrn:na['.t:: Since CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 November 10, 2011 Okeechobee Asphalt & Ready Mix P.O. Box 1994 Okeechobee, FL 34973 RE: Improper Storage of Materials Dear Property Owner: It has come to the attention of the City that there are some materials being stored at 811 NW 9th Street on Lots 3-5 of Block 44. This is not a permitted use for the Residential Multiple Family Zoning classification. To correct this code issue, please remove all materials from the site within ten days. Your prompt attention to this matter is greatly appreciated. Should you have any questions, please do not hesitate to contact me. Sincerely, �p Ra on�ub CBO Y ��.rt: �-...._ �. :--t-- U r op Goole earth a3- a°' - feet', meters 10 5 fr Goole earth feet meters 10 50 Goggle earth d 3 -2' feet meters 10 3 4 Okeechobee, Florida It m 11 41 41 41 11 11 41 41 11 II m 11 11 'n 11 41 41 11 11 11 11 41 41 11 II 11 41 11 41 11 11 11 It 11 41 11 Petition for Proper Community Development In Deans Court. No More Rezoning Residential/Commercial Property Into Industrial Land Use. We the Community Members of the Deans Court Community, strongly disagree with the commercial and residential property rezoning into industrial Property in Deans Court. Our community feels that we are becoming part of an industrial park instead of being given the opportunity to grow as a community. By my signature, I agree that I am totally against the rezoning practices taken place in Deans Court, I also agree that I am a resident of Deans Court, and I am over the age of 18. The Community Action Committee Of Douglas Park & Deans PO Box 816 Okeechobee Fl. 34973 Communityactioncommittee6(agmail.com EIFY ��_ ■�� ?AM'll MELVIN jwgw�g "Jill vilp. v - M, � L�MORM, jig . I !•_ Cold r� _ '` • 59. 90. 60. 91. 61. 92. 62. 93. 63. 94. 64. 95. 65. 96. 66. 97. 67. 98. 68. 99. 69. 100. 70. 101. 71. 102. 72. 103. 73. 104. 74. 105. 75. 106. 76. 107. 77. 108. 78. 109. 79, 110. 80. Ill. 81. 112. 82. 113. 83. 114. 84. 115. 85. 1.16. 86. 117. 87. 118. 88. 119. 89. 120. 121. 150. 122. 151. 123. 152, 1.24. 153. 125. 154. 126. 155. 127. 156. 128. 157, 129. 158. 130. 159. 131. 160. 132. 161. 133. 162. 134. 163. 135. 164. 136. 165. 137. 166. 138. 167. 139. 168. 140. 169. 141. 170 142. 171. 143. 172. 144. 173 145. 174. 146. 175. 147. 176. 148. 177. 149. 178. 179. 180, 181. 182. 183. 184. 185. 186. 187. 188. 189. 190. 191. 192. 1911. 194. 195. 196. 197. 198. 199. 200. Exhibit 2 ORDINANCE NO. 1096 July 16, 2013 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILYZONING DISTRICTTO INDUSTRIAL ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYANDAN EFFECTIVE DATE. WHEREAS, -the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the property owners, Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Concrete, Inc., has heretofore filed Petition No.13-001-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.803 acres from Residential Multiple Family to Industrial Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow forthe processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is not consistent with the Comprehensive Plan and does not consider such to be appropriate with the zoning uses within the City; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised meeting held on May 16, 2013, determined that based on additional findings that such petition is consistent with the Comprehensive Plan and considers such to be appropriate with the zoning uses within the City; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before 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; that: SECTION 1. LEGAL DESCRIPTION. The following described land consisting of approximately 0.803 acres, as the subject property, located in the City of Okeechobee, to -wit: LOTS 1 THROUGH 5 OF BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Residential Multiple Family to Industrial. Ordinance No. 1095 - Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. 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 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage INTRODUCED for first reading and set for final public hearing on this 2111 day of May, 2013. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 181' day of June, 2013. By official action on June 18, 2013, the City Council postponed the Adoption and Final Public Hearing to July 16, 2013. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1096 - Page 2.of 2 James E. Kirk, Mayor Staff Re zoning Request Prepared for: - Applicant: Petition No.: The City of Okeechobee Okeechobee Asphalt & Ready Mixed Concrete, Inc 13-001-R Management Services, Inc. i 1375 Jackson Stmet, Suite 206 .` 'Fort layers, Florida - '_ 33A-33433GG Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete, Inc Rezoning Request Pefifion No 13 001 R General In_formaiion�--7r Ovcln'er/ Applant E� ,Bdb � icnf O1k�ecC�obee AshaltiC Rea€#y _,tl ConGrte, Iris - - --- - -=--I �Applicant:Addiess : 5Q3 NVV 9�' street:: -: Okeechoobee,. FL 34972 raw 4tr: 811 11W Applicant Phone Number... 863-763-7373...:. _----- Apl�ll go -in icijin Contact_Persori Amy Eason, AECOM.. ,contact Phone Number ,IE772 28�,3$8i3: -- .. ... :' - Existing_ :Proposed :. . it�ia r�ril'FI'�s.k71:,..''! r__r -"� i•� s- —=— -- Zoning District - --- - - I - R1VIF AND - ��Vlatnal �stora is Use of �'roperfy t ::Vacant �� assodiated with I ;existing asphalt Acreage 0.803 --- 0.803 `ega_t DescA"riptiotl otSc bI-dt!e,F-6 LOTS 1 AND 2 OF BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 3, 4, AND 5, BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT BOOK 2, PAGE17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, AND PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Parcel Identification Number: 3-15-37-35-0010-00440-0010, 3-15-37-35-0010-00440-6030, Sening Florida Local Governments Since Igga Staff Report Applicant's Name: Okeechobee Asphalt & Rezoning Request Ready Mixed Concrete, Inc Petition No 93 009 R In association with his application to amend the Future Land Use Map from Single Family to Industrial, the Applicant is requesting to rezone Lots 1 - 5 of Lot 44 (0.803 acres) from RMF to IND (Industrial). I IVo�rh. Fiafuie Land Usg Map :CJas$iiicat►on� :: f Stngre Fariaily and _.._._ ...� _.._._ _.__.. Commercial i Zoning District. .-- -- -- _ - --....__ ............... RMF and CPO :. :Existin" Us - - - <,-- - - - _ Easy Future Lard klse Map Classification I'StngleariitJyr Applitarit=has sUbWtted i a SSA to'change.�iats _...__ . _........_ ......._ _._. WPOY_ tolndustrtal Zoning District:IND= +: Exisfiri` " :arid Use: ...... .South:: ::. ::. __ Fami Single tyr bbt= Future Viand Use Map Classification:.. ' Applicant h,s sutitiitted' f&-61 ange phis.' prdP0q to industrial ... . Zoning District: IND Existing Land Use:. _ ... _ . ;'V -: • _ . - Va.cant est: :Future Land lase.. ap. Classification: :West of Lot 5 is Single Family; beyond. that is ......... .: ..... _ . • Multi -Family..... Zoning District: West of Lot 5 is RMF Existing Land Use: West of Lot 5 is' a- ::Single-family.home then : _a•Ctiurch. . Serving Florida Local Covernmems Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt & Rezoning Request Ready Mixed Concrete, Inc Petition No. 13-001-R Analysis k .r......s777777 _L.ea..xs'r..._._. Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided comment to each of the required findings. These are repeated below. However, in this instance ... 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "This application is concurrent with an application requesting change of Future Land Use from SINGLE-FAMILY to INDUSTRIAL. The proposed use is consistent with the surrounding area." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Plan Amendment to the City's Future Land Use Map (FLUM) to change the Future Land Use Designation from Single -Family to Industrial. Staff has recommended denial of the request to change the Future Land Use designation to Industrial, and has recommended it be changed to Multi -Family instead. If the Applicant's request for an Industrial designation on' the FLUM is approved, the only zoning district that is consistent with the Industrial Future Land Use category is IND, Industrial, and the Applicant's requested rezoning would have to be approved. On the other hand, If the City denies the FLUM change to Industrial, a rezoning to Industrial would be inconsistent with the City's Comprehensive Plan and could not be approved. In that case, a rezoning to Multi -Family would be most appropriate. In any case, while the balance of the findings of Sec. 70-340 (items 2 through 9) would be applicable in most rezonings, they are not in this case and the Staff has provided no comments on the Applicant's responses to those findings. 2.. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "The proposed use is a normal and permitted customary use in Industrial zoning per the City Land Development Regulations." 3. The proposed use will not have an adverse effect on the public interest. "The proposed use is consistent with the surrounding area, and will not have an adverse impact on the public interest. - Serving Florida Locat Governments Sind 1988 Staff Report Applicanf's htdme: Okeechobee Asphalt & Ready Mixed Concrete, Inc Rezoning Request Petition No 13 001 R 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent uses, and is not contrary to urbanizing land use patterns." 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "The proposed use is not expected to adversely affect property values or living conditions." 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood "If required, the proposed use can be suitable buffered from surrounding uses." 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The proposed use will not create a density pattern that could be expected to overburden any public facilities." The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety." 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use has not been inordinately burdened by unnecessary restrictions." Serving Florida Loral Coveramems SLIce 1988 Staff Report Applicant's Name: Okeechobee Asphalt & Rezoning Request Ready Mixed Concrete, Inc Pefition No 13 001 R If the City approves the requested amendment to change the Future Land Use Category of Lots 1 — 5 of Block 44 to Industrial, Staff recommends approval of the rezoning to hndustrial. On the other hand, if the City denies the FLUM change to Industrial, a rezoning to Industrial would be inconsistent with the City's Comprehensive Plan and could. not be approved. In that case, Staff recommends rezoning the property to Multi -Family. Submitted by: Wm. F. Brisson, AICP May 6, 2013 Planning Board Hearing: May 16, 2013 Council Hearing: June 4, 2013 and June 18, 2013 Attachments: Future Land Use Map Zoning Map Aerial photograph Serving r1orldx Lord Covemmmms Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt & Rezoning -Request Ready Mixed Concrete, Inc Petition No. 13-001-;R FUTURE LAND USE SUBJECT SITE AND ENVIRONS -1 -3 2 1 � Fr-�' F 2-1 2, 1, 11 F-j - J N.W. 10 TH STriEET 4 3 -A Cn 2b,24 K.W. �THSTS TH inFEET IM 7TH COURT COMPREHENSIVE PLAW! WOD USE [-I S(UGLE-FAULY IM)US—MlAr PUELr—FNC1LMF-- P---9P3P4TW-rTJ;(Z0 USE ILL- qft-ing 14-MCIA L-;C-J Cn1.vnmwr.f1 Niwu- 19ss 27' Staff Report Applicant's Name- Okeechobee Asphalt & Rezoning Request Ready Mixed Concrete, Inc Petition No 93 009 R ::Y '. Exhibit 3 ORDINANCE NO. 1099 July 16, 2013 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR A NEW OBJECTIVE AND A NEW POLICY TO THE FUTURE LAND USE ELEMENT ADDRESSING COMPATIBILITY OF LAND USES LOCATED NEAR OR WITHIN CERTAIN DISTANCES OF AIRPORT RUNWAYS; PROVIDING FOR INCORPORATING A NEW POLICY TO THE INTERGOVERNMENTAL COORDINATION ELEMENT WHICH PROVIDES FOR THE APPOINTMENT OF A REPRESENTATIVE OF THE OKEECHOBEE COUNTY SCHOOL BOARD TO SIT, UNDER CERTAIN CIRCUMSTANCES, AS A NONVOTING MEMBER OF THE LOCAL PLANNING AGENCY (LPA); PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Comprehensive Planning Act of 2011 requires that the City prepare and transmit an amendment addressing items identified in the Evaluation and Appraisal Notification Letter within 12 months of submittal of the letter, said letter having been on September 1, 2012; and WHEREAS, Staff has prepared proposed amendments addressing items so identified in its Evaluation and Appraisal Letter; and WHEREAS, the Planning Board, acting as the Local Planning Agency of the City of Okeechobee, Florida, recently reviewed the proposed amendments; has discussed same at a duly advertised public hearing on June 20, 2013, and recommends the City Council transmit the proposed amendments to the State Land Planning Agency for review and approval, and subsequent adoption by ordinance by the City Council; and WHEREAS, in orderto effectively address these recommendations in an orderly mannerwith the intent of including all recommendations in a single ordinance, which will save the City and its citizens costs and time, this ordinance is a compilation of many amendments, which when adopted, will amend each of the cited code sections upon its 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 bythe Mayor or designee, as Chief Presiding Officerfor the City, that: SECTION 1. The City Council for the City of Okeechobee, Florida amends herein the Future Land Use Element of the Comprehensive Plan by adding Objective 13 and Policy 13.1, to read as follows: Objective 13 The City of Okeechobee recognizes that under certain conditions some uses of land are not compatible in proximity to public use airports and must be regulated to reduce or eliminate potential hazards to health or safety. Policy 13.1 The City of Okeechobee shall adopt airport zoning regulations that: a. prohibit residential construction and educational facilities in the City to be located within 2,500 feet of a runway at the Okeechobee County Airport. b. are consistent with the requirements of Sec. 333.03(1)(c) F.S. c. prohibit the location of any sanitary landfill that is: 1) within 10,000 feet from the nearest point of any runway used or planned to be used by turbojet or turboprop aircraft; Language to be added is underlined Ordinance No. 1097 Page 1 of 2 Language to be deleted is stmelrt#rreagtr 2) within 5,000 feet from the nearest point of any runway used only by piston -type aircraft; 3) outside the perimeters defined in subparagraphs 1. and 2., but still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. part 77.25. d. require notification of the FAA when a structure located within three statute miles of the Airport Reference Point and will be higher than the distance from the end of the runway divided by 100 feet. e. prohibit, in the interest of air safety and commerce, temporary or permanent structures that do not comply with Federal Aviation Administration rules or regulations. SECTION 2. That the City Council for the City of Okeechobee, Florida amends herein the Intergovernmental Coordination Element of the Comprehensive Plan by adding Policy 5.5, to read as follows, and renumber existing Policy 5.5 through 5.8 to be 5.6 to 5.9: Policy 5.5 The City of Okeechobee shall include a representative of the Okeechobee County School District, appointed by the School Board, as a non -voting member of the Local Planning Agency (LPA) to attend those meetings at which the LPA considers amendments to the City's Comprehensive Plan and/or Zoning Map that would, if approved, increase residential density on the property that is the subject of the proposed amendment(s). SECTION 3. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. 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 5. Effective Date. This Ordinance shall take effect pursuantto the State Land Planning Agency's Notice of Intent if in compliance and no challenge is filed by an affected party when the Notice of Intent is posted to the State Land Planning Agency's web site. INTRODUCED for First Reading held at a duly advertised Transmittal Public Hearing on this 16'h day of July, 2013. Dowling R. Watford, Jr., Mayor Pro-Tempore ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED afterSecond and Final Public Hearing this day of , 2013. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Language to be added is underlined Ordinance No. 1097 Page 2 of 2 Language to be deleted is goat,'- Planning Services Memorandum To: Members of the Planning Board From: Bill Brisson Date: May 28, 2013 Subject: Materials for Public Hearing on Evaluation & Appraisal Based Amendment Last September we conducted an Evaluation and Appraisal of the City's Comprehensive Plan as it relates to meeting changes in State Legislation. At that time, we identified two areas where the Plan does not address requirements of the current legislation, and so notified the State. These include the need for: a new Objective and Policy in the Future Land Use Element addressing compatibility of land uses located near or within certain distance of airport runways, and 2. a new policy in the Intergovernmental Coordination Element providing for the appointment of a representative of.the school board to sit as a nonvoting member of the LPA when it is considering amendments to the Comprehensive Plan or Zoning that would result in increases in residential density. The Comprehensive Planning Act of 2011 requires that the City prepare and transmit an amendment addressing items identified in the Evaluation and Appraisal Notification Letter within 12 months of submittal of the letter, which was required to be submitted by September 1, 2012. This is referred to as an "Evaluation and Appraisal -Based Amendment." The Planning Board, sitting at the Local Planning Agency (LPA) must hold a transmittal public hearing on the proposed amendment and forward its recommendation(s) to the City Commission. This public hearing has been scheduled for June 20, 2013. The attached materials explain the basis for the proposed changes and include the recom- mended text changes to the Future Land Use and Intergovernmental Coordination Elements of the Comprehensive Plan associated with the aforementioned items. I look forward to discussing these issues with you. In the meantime, should you have any questions, please contact me. Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Fort Myers, FL 33901� 239-334-3366 www.larueplanning.com� R3 JUNE 20, 2013 - PLANNING BOARD - PAGE 2 OF 4 AGENDA III ACTION - DISCUSSION VOTE V. OPEN PUBLIC HEARING - Chairperson. III CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:01 P.M. A. Consider a Comprehensive Plan Future Land Use Element (FLUE) I Consider a Comprehensive Plan FLUE Text Amendment to address compatibility of land uses located near or within Text Amendment to address compatibility of land uses located near certain distance of airport runways. orwithin certain distance of airport runways - Senior Planner (Exhibit 1, Page 2 through Page 7). Hear from Planning Staff. Planner Brisson referenced his memorandum dated May 28 and explained that during the review of the Evaluation and Appraisal Report, it was noted that the City's Comprehensive Plan did not include an Objective or Policy that addressed the requirements of Florida Statute 163.3177(6)(a) regulating the compatibility of land uses located near or within a certain distance of airport runways. He further explained, no property within the City falls within the Runway Protection Zone, identified as the area extending 1,200 feet from the end of Okeechobee County's runway number32. Since a "Part 150 Noise Study" has not been conducted for the County Airport, a 2,500 foot radius was identified prohibiting the construction of homes or school facilities. In regards to tall structures, the "Airport Notification Area" extends three statute miles out from the Airport Reference Point. Any construction proposed within this distance, must notify the Federal Aviation Administration (FAA) and file a notice of Proposed Construction or Alteration, should the height of the structure exceed 200 feet or be greater than its distance from the end of the runway divided by 100. Planner Brisson's recommendation was to amend the FLUE by adding a new Objective 13 and associated Policy 13.1 as presented in Exhibit 1. Public comments or questions from those in attendance, or Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mrs.Tara Minton submitted to the Board Secretary. Rowley, Executive Director for the Economic Council of Okeechobee, asked whether there was a definition of educational facilities and whether this included ball fields? Planner Brisson responded he would have to defer to the Florida Statute definition, and the ballfields could be included based on their association with schools. Disclosure of Ex-Parte communications by the Board. Chairperson Hoover asked whether Board Members had ex-parte communications to disclose for the record. There was 11 none. 4. a) Consideration of a motion to recommend the City Council Board Member Brass made a motion seconded by Board Member McCreary to recommend the City Council amend the approve or deny the FLUE Text Amendment to address Comprehensive Plan FLUE by adding Objective 13:The City of Okeechobee recognizes that under certain conditions compatibility of land uses located near airports. some uses of land are not compatible in proximity to public use airports and must be regulated to reduce or eliminate potential hazards to health or safety. Policy 13.1: The City of Okeechobee shall adopt airport zoning regulations that: a) Prohibit residential construction and educational facilities in the City to be located within Z500 feet of a runway at Okeechobee County Airport. b) Are consistent with the requirements of Section 333.03(1)(c) F. S. c) Prohibit the location of any sanitary landfill that is: 1. within 10, 000 feet from the nearest point of any runway used or planned to be used by turbojet or turboprop aircraft; 2. within 5, 000 feet from the nearest point of any runway used only by piston -type aircraft, ,TUNE 20, 2013 -PLANNING BOARD -PAGE T OF 4 V. PUBLIC HEARING CONTINUED. A. 4. a) Consideration of a motion to recommend the City Council approve or deny the FLUE Text Amendment to address compatibility of land uses located near airports continued. b) Board discussion. c) Vote on motion. B. Consider a Comprehensive Plan Intergovernmental Coordination Element (ICE) to provide for the appointment of a representative of the School Board to sit as a non -voting member of the Local Planning Agency when it is considering amendments to the Comprehensive Plan or Zoning that would result in increases in residential density Senior Planner (Exhibit 2, Page 8 to Page 10). Hear from Planning Staff. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex-Parte communications by the Board 3. outside the perimeters defined in subparagraphs 1. and 2., though still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. part 77.25. d) Require notification of the FAA when a structure located within three statute miles of the Airport Reference Point and will be higher than the distance from the end of the runway divided by 100 feet. e) Prohibit, in the interest of air safety and commerce, temporary or permanent structures that do not comply with FAA rules or regulations. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER -YEA BURROUGHS -ABSENT BAUGHMAN-YEA BRASS -YEA KELLER - YEA MCCOY- YEA RITTER - YEA CREASMAN - YEA MCCREARY - YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing on a date to be determined. Consider a Comprehensive Plan ICE to provide for the appointment of a representative of the School Board to sit as a non -voting member of the Local Planning Agency when it is considering amendments to the Comprehensive Plan or Zoning that would result in increases in residential density. Planner Brisson stated that again during the review of the Evaluation and Appraisal Report, it was noted that the City's' Comprehensive Plan did not include a Policy in the ICE that addressed the requirements under Florida Statute 163.3174(1) to include a representative from the school district to the Local Planning Agency. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mrs. Rowley' asked whether there were similar allowances for Counties and Utilities. Planner Brisson responded no, that there are no requirements to notify any other bodies. Chairperson Hoover asked whether Board Members had ex-parte communications to disclose for the record. There was none. JUNE 20, 2013 - PLANNING BOARD - PAGE 4 OF 4 AGENDA V. PUBLIC HEARING CONTINUED. B. 4. a) Consideration of a motion to recommend the City Council approve or deny the ICE Text Amendment to provide for the appointment of a representative of the School Board to sit as a non -voting member of the Local Planning Agency when it is considering amendments to the Comprehensive Plan or Zoning that would result in increases in residential density. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. ACTION - DISCUSSION - VOTE Board Member Ritter moved to recommend the City Council amend the Comprehensive Plan ICE by changing the language in Policy 5.5 to read: The City of Okeechobee shall include a representative of the Okeechobee School Board District, appointed by the School Board, as a non -voting member of the Local Planning Agency (LPA) to attend those meetings at which the LPA considers amendments to the City's Comprehensive Plan and/or Zoning Map that would, if approved, increase residential density on the property that is the subject of the proposed amendment(s), and renumber the existing Policy 5.5 to 5.6, then renumber remaining policies as appropriate; seconded by Board Member McCoy. Chairperson Hoover asked whether there was any further discussion. There was none VOTE HOOVER -YEA BURROUGHS-ABSENT BAUGHMAN-YEA BRASS -YEA KELLER-YEA MCCOY-YEA RITTER-YEA CREASMAN-YEA MCCREARY-YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing on a date to be determined. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:22 P.M. A. Consider any additional requests for amendments to the City's Land III Chairperson Hoover asked whether there were any requests for amendments to the Land Development Regulations. Development Regulations - Chairperson. There were none offered. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning BoardfBoard of Adjustmentand Appeals with respectto any matteroonsidered 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 is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records. ATTEST: Patty M. Burnette, Secretary Dawn T. Hoover, Chairperson There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:22 p.m. 10 Exhibit 1 FUTURE LAND USE ELEMENT (FLUE) Review of the City's Comprehensive Plan during its Evaluation and Appraisal indicated that the Plan did not include an Objective or Policy addressing requirement of § 163,3177(6)(a)3.b intended to achieve the compatibility of lands adjacent to an airport. The Okeechobee County Airport is located outside of, but close to, the municipal limits of the City of Okeechobee, and therefore the City's Comprehensive Plan is required to address the compatibility of land use proximate to the airport. DATA AND ANALYSIS: A. Title XXV — Aviation, Chapter 333 — Airport Zoning Following are the sections of the State Legislation referred to in § 163,3177(6)(a)3.b relating to the requirement for compatibility of lands adjacent to an airport. Pertinent sections, which have been addressed in this Amendment, are highlighted. "333.02 Airport hazards and uses of land in airport vicinities contrary to public interest. (1) It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the taking off, maneuvering, or landing of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. It is further found that certain activities and uses of land in the immediate vicinity of airports as enumerated in s. 333.03(2) are not compatible wiith normal airport operations, and may, if not regulated, also endanger the lives of the participants, adversely affect their health, or otherwise limit the accomplishment of normal activities. Accordingly, it is hereby declared: (a) That the creation or establishment of an airport hazard and the incompatible use of land in airport vicinities are public nuisances and injure the community served by the airport in question; (b) That it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards and incompatible land uses be prevented; and (c) That this should be accomplished, to the extent legally possible, by the exercise of the police power, without compensation. (2) It is further declared that the limitation of land uses incompatible with normal airport operations, the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions .may raise and expend public funds and acquire land �or property interests therein, or air rights thereover. 0 "333.03 Power to adopt airport zoning regulations.— (1) (a) In order to prevent the creation or establishment of airport hazards, every political subdivision having an airport hazard area within its territorial limits shall, by October 1, 1977, adopt, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area. (b) Where an airport is owned or controlled by a political subdivision and any airport hazard area appertaining to such airport is located wholly or partly outside the territorial limits of said political subdivision, the political subdivision owning or controlling the airport and the political subdivision within which the airport hazard area is located, shall either: 1. By interlocal agreement, in accordance with the provisions of chapter 163, adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question; or 2. By ordinance or resolution duly adopted, create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested in paragraph (a) in the political subdivision within which such area is located. Each such joint board shall have as members two representatives appointed by each political subdivision participating in its creation and in addition a chair elected by a majority of the members so appointed. However, the airport manager or managers of the affected political subdivisions shall serve on the board in a nonvoting capacity. (c) Airport zoning regulations adopted under paragraph (a) shall, as a minimum, require: 1. A variance for the erection, alteration, or modification of any structure which would cause the stnicture to exceed the federal obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23. 77.25. 77.28, and 77.29. 2. Obstruction marking and lighting for structures as specified in s. 333.07(3); 3. Documentation showing compliance with the federal requirement for notification of proposed construction and a valid aeronautical evaluation submitted by each person applying for a variance; 4. Consideration of the criteria in s. 333.025(6), when determining whether to issue or deny a variance; and 5. That no variance shall be approved solely on the basis that such proposed structure will not exceed federal obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29, or any other federal aviation regulation. (d) The department shall issue copies of the federal obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29 to each political subdivision having ration with political subdivisions, shall issue appropriate airport hazard areas and, in .coope airport zoning maps depicting within each county the maximum allowable height of any structure or tree. Material distributed pursuant to this subsection shall be at no cost to authorized recipients. (2) In the manner provided in subsection (1), Interim airport land use compatibility zoning regulations shall be adopted. When political subdivisions have adopted land development regulations in accordance with the provisions of chapter 163 which address the use of land in the manner consistent with the provisions herein, adoption of airport land use compatibility regulations ,pursuant to this subsection shall not be required. Interim airport land use compatibility zoning regulations shall consider the following: (a) Whether sanitary landfills are located within the following areas: 1. Within 10,000 feet from the nearest point of any runway used or planned to be used by turbojet or turboprop aircraft. 2. Within 5,000 feet from the nearest point of any runway used only by piston -type aircraft. 3. Outside the perimeters defined in subparagraphs 1. and 2., but still within the lateral Limits of the civil airport imaginary surfaces defined in 14 C.F.R. part 77.25. Case -by - case review of such landfills is advised. (b) Whether any landfill is located and constructed so that it attracts or sustains hazardous bird movements from feeding, water, or roosting areas into, or across, the runways or approach and departure patterns of aircraft. The political subdivision shall request from the airport authority or other governing body operating the airport a report on such bird feeding or roosting areas that at the time of the request are known to the airport. In preparing its report, the authority, or other governing body, shall consider whether the landfill will incorporate bird management techniques or other practices to minimize bird hazards to airborne aircraft. The airport .authority or other governing body shall respond to the political subdivision no later than 30 days after receipt of such request. (c) Where an airport authority or other governing body operating a publicly owned, public - use airport has conducted a noise study in accordance with the.provisions of 14 C.F.R. part 150, neither residential construction nor any educational facility as defined in chapter 1013, with the exception of aviation school facilities, shall be permitted within the area contiguous to the airport defined by an outer noise contour that is considered incompatible with that type of construction by 14 C.F.R. part 150, Appendix A or an equivalent noise level as established by other types of noise studies. (d) Where an airport authority or other governing body operating a publicly owned, public - use use airport has not conducted a noise study, neither residential construction nor any educa- tional facility as defined in chapter 1013, with the exception of aviation school facilities, shall be permitted within an area contiguous to the airport measuring one-half the length of the longest runway on either side of and at the end of each runway centerline. (3) ,Ln the manner provided in subsection (1), airport zoning regulations shall be adopted which restrict new incompatible uses, .activities, or construction within runway clear zones, including uses, activities, or construction in runway clear zones which are incompatible with normal airport operations or endanger public health, safety, and welfare by resulting in congregations of ,people, emissions of light or smoke, or attraction of birds. Such regulations shall prohibit the construction of an educational facility of a public or private school at either end of a runway of a publicly owned, public -use airport within an area which extends 5 miles in a direct line along the centerline of the runway, and which has a width measuring one-half the length of the runway. Exceptions approving construction of an educational facility within the delineated area shah only be granted when the political subdivision administering the zoning regulations makes specific findings detailing how the public .policy reasons for allowing the construction outweigh health and safety concerns prohibiting such a location. (4) The procedures outlined in subsections (1), (2), and (3) for the adoption of such regulations are supplemental to any existing procedures utilized by political subdivisions in the adoption of such regulations. (5) The Department of Transportation shall provide technical assistance to any political subdivision requesting assistance in the preparation of an airport zoning code. A copy of all local airport zoning codes, rules, and regulations, and amendments and proposed and granted variances thereto, shall be filed with the department. (6) Nothing in subsection (2) or subsection (3) shall be construed to require the removal, alteration, sound conditioning, or other change, or to interfere with the continued use or adjacent expansion of any educational structure or site in existence on July 1, 1993, or be construed to prohibit the construction of any new structure for which a site has been determined as provided informers. 235.19, as of July 1, 1993." History.—s. 3, ch. 23079, 1945; s. 4, ch. 75-16; s. 4, ch. 88-356; s. 72, ch. 90-136; s. 8, ch. 92-152; s. 10, ch. 93-164; s. 1, ch. 94-201; s. 958, ch. 95-148; s. 971, ch. 2002-387. B. Location of Okeechobee County Airport in relation to City of Okeechobee The Runway Protection Zone (RPZ) extends outward for a distance of 1,200 feet from the end of Runway 32. Consequently no property within the City of Okeechobee falls within the RPZ and no special standards or limitations are needed. No "Part 150 Noise Study" has been conducted for the Okeechobee County Airport. Therefore, the aerial photograph on the following page identifies the location of the Okeechobee County Airport, the Okeechobee City limits and the 2,500 foot radius within which residential and school facilities are prohibited. This represents the radius based on one-half the length of the longest runway of the airport as set forth in Sec. 333.03(2)(d), above. For tall structures, the "Airport Notification Area" extends three statute miles out from the Airport Reference Point. Construction proposed within this distance must notify the FAA and file a notice of Proposed Construction or Alteration (Form 7460-1) if the proposed height of the structure exceeds 200 feet or if the height of the structure is greater than its distance from the end of the runway divided by 100. For example, if the structure is located 4,500 feet from the end of the runway, the developer must notify the FAA if the height of the building exceeds 45 feet. Areas Subject to Sec. 333.03(2)(d) FS RECOMMENDATIONS: The City proposes to amend the Future Land Use Element to add a new Objective 13 and associated Policy 13.1 as set forth on the following page. 6 Evaluation and Appraisal -Based Amendment, 2013 FLUE page 1-16 Objective 13: The City of Okeechobee recognizes that under certain conditions some uses of land are not compatible in proximity to public use airports and must be regulated to reduce or eliminate potential hazards to health or safety. Policy 13.1 The City of Okeechobee shall adopt airport zoning regulations that: . a_) prohibit residential construction and educational facilities in the City to be located within 2,500 feet of a runway at the Okeechobee County Airport. h) are consistent with the requirements of Sec 333 03(1)(c) F.S. c� prohibit the location of any sanitary landfill that is; 1. within 10,000 feet from the nearest point of any runway used or planned to be used by turbojet or turboprop aircraft-, 2. within 5,000 f eet from the nearest point of any runway used only by piston -type aircraft-, 3. outside the perimeters defined in subparagraphs 1 and 2 but still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. part 77.25. d) require notification of the FAA when a structure located within three statute miles of the Airport Reference Point and will be higher than the distance from the end of the runway divided by 100 feet prohibit, in the interest of air safety and commerce temporary or permanent structures that do not comply with Federal Aviation Administration rules or regulations City of Okeechobee Comprehensive Plan Future Land Use Element Amended: October 18, 2011 Exhibit 2 INTERGOVERNMENTAL COORDINATION ELEMENT (ICE) DATA AND ANALYSIS: Review of the City's Comprehensive Plan during its Evaluation and Appraisal indicated that the Plan did not include a policy in the ICE that addressed the requirement under § 163,3174(l) to include a representative of the school district appointed by the school board as a nonvoting member of the local planning agency (LPA) to attend those meetings at which the LPA considers comprehensive plan amendments and rezoning that increase residential density. This deficiency was noted in the City's Evaluation Notification Letter to the Department of Economic Opportunity on August 29, 2012. RECOMMENDATION: The City proposes to include a new Policy 5.5 and to renumber the subsequent existing policies as appropriate, all as set forth on the following pages: Evaluation and Appraisal -Based Amendment, 2013 ICE 7-4 Policy 4.3: 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. Objective 5: The City of Okeechobee shall cooperate in an effort with the School Board to ensure that the planning activities, services and facilities of the School n0ard are eonsistent-wit — -- Policy 5.1: The City of Okeechobee shall exchange data with the School Board regarding population projections and the School Board (5-year) facility plans as such data or plans are updated. Policy 5.2: The City of Okeechobee shall coordinate major residential project reviews (pursuant to Chapters 163 and 235, F lorida Statutes) to consider joint park/schools dedications to meet future demands. Policy 5.3: The City of Okeechobee and the School Board shall coordinate in their joint efforts to study and implement innovative methods, including park/school site dedications and contributions, as a means to address infrastructure needs associated with the City's growth. Policy 5.4: The City of Okeechobee shall notify the School Board of all new residential development projects or modifications to existing residential developments which increase density as a part of the review process for school concurrency. Policy .5 The City of Okeechobee shall include a representative of the Okeechobee County School District appointed by the School Board as a nonvoting member of the Local Planning Agency (LPA) to attend those meetings at which the LPA considers amendments to the Ci 's Comprehensive Plan and/or Zoning Map that would if approved increase residential densi on the property that is the subject of the proposed amendments) Policy �-S 5_6: The City of Okeechobee shall maintain a joint interlocal agreements with the School Board and the County for Public School Facility Planning which includes the provisions for the implementation of school concurrency and a coordination process for locating new schools, expanding or redeveloping existing school facilities. The School Board shall be encouraged to locate new educational facilities near urban residential areas where public infrastructure and services exist to support the new facilities. City of Okeechobee Comprehensive Plan Intergovernmental Coordination Element Amended: October 18, 2011 Evaluation and Appraisal -Based Amendment, 2013 ICE 7-5 Policy 5.6 5_7: The City of Okeechobee shall advise and meet with the School Board as necessary, regarding all Plan amendments and proposed annexations that may affect school sites. Policy -5-.7 5_8: The City of Okeechobee shall coordinate with the School Board regarding shared use of recreational facilities owned by either entity. In addition, the City shall consider all reasonable opportunities to collocate new parks, libraries, and other facilities with public schools. Policy 54 5_9: The City of Okeechobee, although not currently impacted, shall enter into any appropriate agreement with the State of Florida University System or the School Board implementing the requirements of Section 240.155 (11- 15), F.S., regarding campus master plans. A consistency review of the campus master plans for non -state post -secondary institutions shall also be considered where a "campus" exists or is planned. city of uxeechobee Comprehensive Plan Intergovernmental Coordination Element Amended: October 18, 2011 10 -NDEPENDENT NEWSPAPERS OKEECFIOBEE NEWS 107 GAW' 17th 5-0, Sui1c D, Okeccl,t�N,, FI. 34974 (fi63) 76a-3134 J - STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three tithes a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the I9th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper er in the issues of P� _ 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. Tom Byrd Sworn to and subscribed before me this day of AD Notary Public, State of Florida at Large ri;}k,._ ANGIE BRIDGES .Fyn z '_ MY CDMMISSIONq Sf il76` +z'� SondeE E%PIRES: April ^^<0, 2Y Thn NMa Publlc t)>bc _J PUBLIC HEARING NOTICE AMENDING THE CITY OF OKEECHOBEE, FL COMPREHENSIVE PLAN NOTICE: The City Council of the City of Okeechobee will conduct a Public Hearing on Tuesday, July 16, 2013 at 6 PM or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, R. 200, Okeechobee, FL, to consider and receive input concerning identified Evaluation and Appraisal Report amendments to the Future Land Use Element and the Intergovernmental Coordination Element of the Comprehensive Plan as follows: -Add a new Objective and Policy addressing compatibility of land uses located near or within certain distances of airport runways as required by F.S. 333.03(l)(c). -Add a new Policy providing for the appointment of a representative from the Okeecho- bee county School Board to sit, under certain circumstances, as a nonvoting member of the Local Planning Agency The proposed text amendments will be forwarded in transmittal form to the Florida De- partment of Economic Opportunity. The public and all interested parties are encouraged to appear and be heard and may sub- mit written or oral comments before or at the Hearing. The proposed amendments may be viewed on the City website or at the Office of the City Clerk, during normal business hours, at the address above. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly; any person who may seek to appeal any decision involving the matters noticed herein will be responsible for making a verbatim record of the testimony and evidence at said meeting upon which any appeal is to be based. In accordance with the Americans with Disabilities Act, persons requiring special accommodations to participate in this proceeding because of a disability or physical impair- ment should contact the City Clerks Office at 863-763-3372ext 215 at least 48 hours prior to the meeting. Published By: Lane Gamiotea, CMC, City Clerk Law Offices Exhibit 4 Christiansen & Delmer, P.A. July 16, 2013 63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 ® 941.377.2200 ® Fax 941.377-4848 May 28, 2013 Mr. Brian Whitehall City Administrator City of Okeechobee 55 S.E. 3RD Avenue Okeechobee, FL 34974-2032 Re: City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System Dear Mr. Whitehall: As you know, I represent the Board of Trustees of the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System. Enclosed please find a revised proposed ordinance amending the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, which is recommended by the Board for adoption by the City Council. This ordinance amends Section 1, Definitions to amend the definition of Credited Service, and Section 14, Maximum Pension, to comply with recent changes to the Internal Revenue Code (IRC) relating to tax qualified pension plans such as this plan. These amendments clarify language required by the IRC and are mandatory amendments that must be made by September 30, 2013 to ensure the continuation of the plan's tax qualified status. In this revised ordinance, further technical compliance amendments were made to Section 14, Maximum Pension. With these additional changes, the pension plan will comply with all required applicable IRC changes and updates. By copy of this letter to the plan's actuary, Gabriel Roeder Smith & Company, I am requesting that they provide you with a revised updated letter indicating that there continues to be no cost associated with the adoption of this ordinance. If you or any member ofyour staff have any questions with regard to this ordinance, please feel free to give me a call. In addition, if you feel it would be appropriate for me to be present at the meeting at which this ordinance is considered by the City Council, please contact my office to advise me of the date that the ordinance would be considered. Yours very tfu , 1 Scott R. Christiansen SRC/dm enclosure cc: Theora Braccialarghe, with enclosure Basil Coule, with enclosure 0 Gabriel Roeder Smith & Company One East Broward Blvd. 954.527.1616 phone GRS Consultants 8c Actuaries Suite 505 954.525.0083 fax Ft. Lauderdale, FL 33301-1804 www.gabrielroeder.com June 6, 2013 Melisa Jahner City of Okeechobee 55 SE 3rd Ave Okeechobee FL 34974 Re: Okeechobee and Okeechobee Utility Authority Employees' Retirement System Actuarial Impact Statement for Proposed Ordinance Dear Ms. Jahner: We have reviewed the revised proposed ordinance amending the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System drafted by Scott Christiansen and dated May 28, 2013. This ordinance would amend the Plan as follows: ■ Change the definitions of Credited Service and Maximum Pension, to comply with recent changes to the Internal Revenue Code (IRC). In this revised ordinance, further technical compliance amendments were made to Maximum Pension section. In our opinion, this amendment will have no actuarial impact on the Plan. The attached Statement must be filed with the Division of Retirement before the final public hearing on the ordinance. Please have a member of the Board of Trustees sign the Statement. Then send the Statement along with a copy of the proposed ordinance to Tallahassee. The undersigned actuaries are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date Respectfully submitted, Theora P. Braccialarghe, SA, MAAA Enrolled Actuary No. 11-02826 cc: Scott Christiansen, Plan Attorney James Mullis, Board Chair Janet McKinley t' " q . e Melissa R. Algayer, M , FCA Enrolled Actuary No. 11-06467 OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM Impact Statement — June 6, 2013 Description of Amendment The proposed ordinance would change the definitions of Credited Service and Maximum Pension, to comply with recent changes to the Internal Revenue Code (IRC). Funding Implications of Amendment There is no actuarial cost due to this ordinance. Certification of Administrator I believe the amendment to be in compliance with Pail VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. CGS-' For the ),hoard of Trustees as Plan Administrator ORDINANCE NO. aim AN ORDINANCE OF . THE CITY • OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 1053, AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS; AMENDING SECTION 14, MAXIMUM PENSION, 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, it becomes necessary from time to time to amend said ordinances in order to clarify or restate certain provisions of the ordinance, or to enact amendments to comply with revised Federal regulations; NOW THEREFORE, be it ordained before 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 of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 1053, as subsequently amended, is hereby further amended by amending Section 1, Definitions, to amend the definition of "Credited Service", to read as follows: 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 General Employee. A Member may voluntarily leave his Accumulated Contribu- tions 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 Memberwho 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 employof the City, hisAccumulated 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 performs "Qualified Military Service" consisting of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L.103-353), after separation from employment as a General Employee 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 reemployment under the provisions of USERRA. B. The Member 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 service, unless otherwise required by USERRA. 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 following reemployment or he will forfeit the right to receive Credited Service for his military service pursuant to this Section. This Section is intended to satisfy the minimum requirements of USERRA. To the extent that this Section 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 performing USERRA Qualified Military Service, the beneficiaries of the Member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the Member had resumed employment and then died while employed. SECTION 2: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 1053, as subsequently amended, is hereby further amended by amending Section 14, Maximum Pension, to read as follows: SECTION 14. MAXIMUM PENSION. 1. Basic Limitation. Notwithstanding any other provisions of this System to the contrary, the Member contributions paid to, and retirement benefits paid from, the System 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), subject to the applicable adjustments 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), subject to the applicable adjustments in Code Section 415(b) and subject to any additional limits that may be specified in"this System. For purposes of this Section, "limitation year" shall be the calendar year. 2. Adjustments to Basic Limitation for Form of Benefit. A. For a benefit paid in a form to which Section 417(e)(3) of the Code does not apply (generally, a monthly benefit), the actuarially equivalent straight life annuity benefit that is the greater of: The annual amount of the straight life annuity (if any) payable to the Member under the Plan commencing at the same annuity starting date as the form of benefit to the Member. or (2) The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the form of benefit payable to the Member, B. For a benefit paid in a form to which Section 417(e)(3) of the Code applies (generally, a lump sum benefit) the actuarially equivalent straight life annuity benefit that is the greatest of: The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable computed using the interest rate and mortar table or tabular factor, specified in the Plan for actuarial experience; 0 (3) C. The actuary may adjust the 415(b) limit at the annuity starting date in accordance with subsections A and B above 3. Benefits Not Taken into Account. For purposes of this Section, the following benefits shall not be taken into account in applying these limits: A. Any ancillary benefit which is not directly related to retirement income benefits; B. Any other benefit not required under §415(b)(2) of the Code and Regulations thereunder to be taken into account for purposes of the limitation of Code Section 415(b)(1)• and C. That portion of any joint and survivor annuity that constitutes a qualified joint and survivor annuity. 4. COLA Effect. Effective on and after January 1, 2003, for purposes of applying the limits under Code Section 415(b) (the "Limit"), the following will apply: A. A Member's applicable limit will be applied to the Member's annual benefit in the Member's first r limitation year of benefit payments without regard to any automatic cost of living adjustments; B. thereafter, in any subsequent ealendar limitation year, a Member's annual benefit, including any automatic cost of living increases, shall be tested under the then applicable benefit limit including any adjustment to the Code Section 415(b)(1)(A) dollar limit under Code Section 415(d), and the regulations thereunder; but C. in no event shall a Member's benefit payable under the System in any ealenda limitation year be greater than the limit applicable at the annuity starting date, as increased in subsequent years pursuant to Code Section 415(d) and the regulations thereunder. Unless otherwise specified in the System, for purposes of applying the limits under Code Section 415(b), a Member's applicable limit will be applied taking into consideration cost of living increases as required by Section 415(b) of the Code and applicable Treasury Regulations. Other Adiustments in Limitations. A. In the event the Member's retirement benefits become payable before age sixty-two (62), the limit prescribed by this Section shall be reduced in accordance with regulations 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) equals an annual straight life benefit (when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000) annual benefit beginning at age sixty-two (62). B. In the event the Member's benefit is based on at least fifteen (15) years of Credited Service as a full-time employee of the police or fire department of the City, the adjustments provided for in A. above shall not apply. C. The reductions provided for in A. above shall not be applicable to disability benefits pursuant to Section 8, or pre -retirement death benefits paid pursuant to Section 7. In the event the Member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limit set forth in subsection 1 herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. Less than Ten (10) Years of Participation or Service. The maximum retirement benefits payable under this Section to any Member who has completed less than ten (10) years 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 years of Credited Service and the denominator of which is ten (10). The reduction provided by this subsection cannot reduce the maximum benefit below 10% of the limit determined without regard to this subsection. The reduction provided for in this subsection shall not be applicable to pre -retirement 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 any Member who at any time has been a member in any other defined benefit plan as defined in Code Section 4140) maintained by the City shall apply as if the total benefits payable under all City defined benefit plans in which the Member has been a member were payable from one plan. 8. Ten Thousand Dollar ($10.000) Limit: Less Than Ten Years of Service Notwithstanding the-fmregeing anything in this Section 14, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limit set forth in this subsection 8. of Section 14 if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable Plan Year limitation year and for any prior Plan -Year limitation year and the City has not any time maintained a qualified defined contribution plan in which the Member participated; Reduction of Benefits. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the Member's benefit under any 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 reducing or allocating excess forfeitures fordefined 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 agreement of the Board and the plan administrator of all other plans covering such Member. 10. Service Credit Purchase Limits. A. Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, if a Member makes one or more contributions to purchase permissive service credit under the System, as allowed in Section 23 and 27, then the requirements of this Section will be treated as met only if: (1) the requirements of Code Section 415(b) are met, determined by treating the accrued benefit derived from all such contributions as an annual benefit for purposes of Code Section 415(b), or (2) the requirements of Code Section 415(c) are met, determined by treating all such contributions as annual additions for purposes of Code Section 415(c). (3) For purposes of applying subparagraph (1), the System Will not fail to meet the reduced limit under Code Section 415(b)(2)(c) solely by reason of this subparagraph (3), and for purposes of applying subparagraph (2) the System will not fail to meet the percentage 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— (1) recognized by the System for purposes of calculating a Member's benefit under the plan, (2) which such Member has not received under the plan, and (3) which such Member may receive only by making a voluntary additional contribution, in an amount determined under the System, 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 beginning after December 31, 1997, such term may, if otherwise provided by the System, include service credit for periods for which there is no performance of service, and, notwithstanding clause B.(2), may include service credited in order to provide an increased benefit for service creditwhich a Member is receiving under the System. 11. Contribution Limits. A. For purposes of applying the Code Section 415(c) limits to -this subseetionzv; which are incorporated by reference and for purposes of this subsection 11., only and for no other purpose, the definition of compensation where applicable will be compensation actually paid or made available during a calendar limitation year, except as noted below and as permitted by Treasury Regulations Section 1.415(c)-2, or successor regulations. Unless another definition of compensation that is permitted by Treasury Regulations Section 1.415(c)-2, or successor regulation, is specified by the System, compensation will be defined as wages within the meaning of Code Section 3401(a) and all other payments of compensation to an employee by an employer for which the employer is required to furnish the employee a written statement under Code Sections 6041(d), 6051(a)(3)and 6052 andwill be determined without regard to any rules under Code Section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in Code Section 3401(a)(2). (1) However, for ealendar limitation years beginning 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)(8), 402(k), or 457(b). Forealendar limitation years beginning after December 31, 2000, compensation will also include any elective amounts that are not includible in the gross income of the employee by reason of Code Section 132(f)(4). (2) For limitation years beginning on and after January 1, 2007, compensation for the calendar limitation year will also include compensation paid by the later of 2% months after an employee's severance from employment or the end of the ealerafar limitation year that includes the date of the employee's severance from employment if: (a) the payment is regular compensation for services during the employee's regularworking hours, or compensation for services outside the employee's regular working hours (such as overtime or shift differential), commissions, bonuses or other similar payments, and, absent a severance from employment, the payments would have been paid to the employee while the employee continued in employment with the employer; or i (b) the payment is for unused accrued bona fide sick, vacation or other leave that the employee would have been able to use if employment had continued. (3) Back pay, within the meaning of Treasury Regulations Section 1.415(c)-2(g)(8), shall be treated as compensation for the limitation year to which the back pay relates to the extent the back pay represents wages and compensation that would otherwise be included under this definition. Notwithstanding any other provision of law to the contrary, the Board may modify a request 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 using the following methods: (1) If the law requires a lump sum payment for the purchase of service credit, the Board may establish a periodic payment deduction plan for the Member to avoid a contribution in excess bf the limits under Code Sections 415(c) or 415(n). i (2) If payment 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 i Member's contribution. C. If the annual_ additions for any Member for a limitation year exceed the limitation under Section 415(c) of the Code the excess annual addition will be corrected as permitted under the Employee Plans j Compliance Resolution System (or similar IRS correction program)_ D. For limitation years beginning on or after January 1 2009 a Member's compensation for purposes of this subsection 11 shall not exceed the annual limit under Section 401(a)(17) of the Code 41 12. Additional Limitation on Pension Benefits. i Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously participated in such System, on or after January 1, 1980, shall not j exceed one hundred percent (100%) of his Average Final Compensa- tion. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. B. s No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits -or federal benefits under Chapter 67, Title 10, U.S. Code. SECTION 8: Specific authority is hereby granted to codify and incorporate this Ordinance in the a isting Code of Ordinances of the City of Okeechobee. SECTION : All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby r pealed. SECTION 5; 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 �ody with appropriate jurisdiction, the remaining section, subsection, sentences, clausets, or phrases under application shall not be affected thereby. That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this 76th day of July .2013. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk Passed on second reading after public hearing this loth day of euglsr , 2013. ATTEST: Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney dm/ok/gen/05-28-13.ord 8 James E. Kirk, Mayor Law Offices Exhibit 5 Christiansen & Delmer, P.A. July 16, 2013 63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 ® 941.377.2200 e Fax 941.377.4848 May 28, 2013 Mr. Brian Whitehall City Administrator City of Okeechobee 55 S.E. 3RD Avenue Okeechobee, FL 34974-2032 Re: City of Okeechobee Municipal Police Officers' Pension Trust Fund Dear Mr. Whitehall: As you know, I represent the Board ofTrustees ofthe City ofOkeechobee Municipal Police Officers' Pension Trust Fund. Enclosed please find a revised proposed ordinance amending the City of Okeechobee Municipal Police Officers' Pension Trust Fund, which is recommended by the Board for adoption by the City Council. This ordinance amends Section 1, Definitions to amend the definition of Credited Service, and Section 15, Maximum Pension, to comply with recent changes to the Internal Revenue Code (IRC) relating to tax qualified pension plans such as this plan. These amendments clarify language required by the IRC and are mandatory amendments that must be made by September 30, 2013 to ensure the continuation of the plan's tax qualified status. In this revised ordinance, further technical compliance amendments were made to Section 15, Maximum Pension. With these additional changes, the pension plan will comply withal] required applicable IRC changes and updates. By copy of this letter to the plan's actuary, Gabriel Roeder Smith & Company, I am requesting that they provide you with a revised updated letter indicating that there continues to be no cost associated with the adoption of this ordinance. If you or any member of your staff have any questions with regard to this ordinance, please feel free to give me a call. In addition, if you feel it would be appropriate for me to be present at the meeting at which this ordinance is considered by the City Council, please contact my office to advise me of the date that the ordinance would be considered. Yours ry ruly, Scott R. Christiansen SRC/dm enclosure cc: Theora Braccialarghe, with enclosure Bettye Taylor, with enclosure Gabriel Roeder Smith & Company One East Broward Blvd. 954.527.1616 phone GRS Consultants & Actuaries Suite 505 954.525.0083 fax Ft. Lauderdale, FL 33301-1804 www.gabrielroeder.com June 6, 2013 Det. Bettye Taylor City of Okeechobee 50 SE 2na Avenue Okeechobee, FL 34974-4221 Re: Okeechobee Municipal Police Officers' Pension Trust Fund Actuarial Impact Statement for Proposed Ordinance Dear Bettye: We have reviewed the revised proposed ordinance amending the Okeechobee Municipal Police Officers' Pension Trust Fund drafted by Scott Christiansen and dated May 28, 2013. This ordinance would amend the Plan as follows: • Change the definitions of Credited Service and Maximum Pension, to comply with recent changes to the Internal Revenue Code (IRC). In this revised ordinance, further technical compliance amendments were made to Maximum Pension section. In our opinion, this amendment will have no actuarial impact on the Plan. The attached Statement must be filed with the Division of Retirement before the final public hearing on the ordinance. Please have a member of the Board of Trustees sign the Statement. Then send the Statement along with a copy of the proposed ordinance to Tallahassee. The undersigned actuaries are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date Respectfully submitted, �6, Theora P. Braccialarghe,SA, MAAA Enrolled Actuary No. 11 02826 cc: Scott Christiansen, Plan Attorney Dennis Davis, Board Chair Janet McKinley t /,. i Melissa R. Algayer, MA A, CA Enrolled Actuary No. I 1-06467 OKEECHOBEE MUNICIPAL POLICE OFFICERS, PENSION TRUST FUND Impact Statement — June 6, 2013 Description of Amendment The proposed ordinance would change the definition of Credited Service and Maximum Pension, to comply with recent changes to the Internal Revenue Code (1RC). Funding Implications of Amendment There is no actuarial cost due to this ordinance. Certification of Administrator I believe the amendment to be in compliance with Part VH, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. .._ For the Board of Trustees as Plan Administrator ORDINANCE'NO. 1101 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 15, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City . of Okeechobee Police Officer employees are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee; and WHEREAS, it becomes necessary from time to time to amend said ordinances in order to clarify or restate certain provisions of the ordinance, or to enact amendments to comply with revised Federal regulations; NOW THEREFORE, be it ordained before 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 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 definition of "Credited Service", to read as follows: 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 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 performs "Qualified Military Service" consisting of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Employment and Reemployment Rights 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 reemployment under the provisions of USERRA. The Member 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 USERRA. C. The maximum credit for military service pursuant to this paragraph shall be five (5) years. D. This paragraph 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 performing USERRA Qualified Military Service, the beneficiaries of the Member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the Member had resumed employment and then died while employed. 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 15, Maximum Pension, to read as follows: SECTION 15. MAXIMUM PENSION. Basic Limitation. Notwithstanding any other provisions of this System to the contrary, the Member contributions paid to, and retirement benefits paid from, the System 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), subject to the applicable adjustments 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), subject to the applicable adjustments in Code Section 415(b) and subject to any additional limits that may be specified in this System. For purposes of this Section, "limitation year" shall be the calendar year. 2. Adjustments to Basic Limitation for Form of Benefit. A. . For a benefit paid in a form to which Section 417(e)(3) of the Code does not apply (generally, a monthly benefit), the actuarially equivalent straight life annuity benefit that is the greater of: W (2) The annual amount of the straight life annuity (if any) payable to the Member under the Plan commencing at the same annuity starting date as the form of benefit to the Member, or B. For a benefit paid in a form to which Section 417(e)(3) of the Code agolles (generally, a lump sum benefit) the actuarially equivalent straight life annuity benefit that is the -greatest of - The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the Particular form of benefit payable computed using the interest rate and mortality table or tabular factor, specified in the Plan for actuarial experience: [a] (3 C. The actuary may adiust the 415(b) limit at the annuity starting date in accordance with subsections A. and B above Benefits Not Taken into Account. For purposes of this Section, the following benefits shall not be taken into account in applying these limits: 3 A. Any ancillary benefit which is not directly related to retirement income benefits; Any other benefit not required under §415(b)(2) of the Code and Regulations thereunder to be taken into account for purposes of the limitation of Code Section 415(b)(1): and C. That portion of any Joint and survivor annuity that constitutes a qualified joint and survivor annuity. COLA Effect. Effective on and after January 1, 2003, for purposes of applying the limits under Code Section 415(b) (the "Limit"), the following will apply: A. A Member's applicable limit will be applied to the Member's annual benefit in the Member's first eafendar limitation year of benefit payments without regard to any automatic cost of living adjustments; thereafter, in any subsequent ealendar limitation year, a Member's annual benefit, including any automatic cost of living increases, shall be tested under the then applicable benefit limit including any adjustment to the Code Section 415(b)(1)(A) dollar limit under Code Section 415(d), and the regulations thereunder; but C. in no event shall a Member's benefit payable under the System in any calendar limitation year be greater than the limit applicable at the annuity starting date, as increased in subsequent years pursuant to Code Section 415(d) and the regulations thereunder. Unless otherwise specified in the System, for purposes of applying the limits under Code Section 415(b), a Member's applicable limit will be applied taking into consideration cost of living increases as required by Section 415(b) of the Code and applicable Treasury Regulations. Other Adiust_ments in Limitations. A. In the event the Member's retirement benefits become payable before age sixty-two (62), the limit prescribed by this Section shall be reduced in accordance with regulations issued by the Secretaryof the Treasury pursuant to the provisions of Code Section 415(b) of the Code, so that such limit (as so reduced) equals an annual straight life benefit (when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000) annual benefit beginning at age sixty-two (62). B. In the event the Member's benefit is based on at least fifteen (15) years of Credited Service as a full-time employee of the police or fire department of the City, the adjustments provided for in A. above shall not apply. C. The reductions provided for in A. above shall not be applicable to disability 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 payable after age sixty-five (65), for purposes of determining whether this benefit meets the limit set forth in subsection 1 herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. Less than Ten (10) Years of Participation or Service. The maximum retirement benefits payable under this Section to any Member who has completed less than ten (10) years 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 years of Credited Service and the denominator of which is ten (10). The reduction provided by this subsection cannot reduce the maximum benefit below 10% of the limit determined without regard to this subsection. The reduction provided for in this subsection shall not be applicable to pre -retirement disability benefits paid pursuant to Section 8 or pre -retirement death benefits paid pursuant to Section 7. Participation in Other Defined Benefit Plans. The limit of this Section with respect to any Member who at any time has been a member in any other defined benefit plan as defined in Code Section 4140) maintained by the City shall apply as if the total benefits payable under all City defined benefit plans in which the Member has been a member were payable from one plan. Ten Thousand Dollar 10 000 Limit: Less Than Ten Years of Service. Notwithstanding the -foregoing anything in this Section 15, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limit set forth in this subsection 8. of Section 15 if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable Ptan YOar limitation year and for any prior Plan ,=ear limitation year and the City has not any time maintained a qualified defined contribution plan in which the Mamhor nnrfiAno*o.l- 9. Reduction of Benefits. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the Member's benefit under any 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 reducing orallocating excess forfeitures fordefined 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 agreement of the Board and the plan administrator of all other plans covering such Member. 10. Service Credit Purchase Limits. A. Effective for permissive service credit contributions made in limitation years beginning after December 31,1997, if a Member makes one or more contributions to purchase permissive service credit under the System, as allowed in Section 25 and 27, then the requirements of this Section will be treated as met only if: (1) the requirements of Code Section 415(b) are met, determined by treating the accrued benefit derived from all such contributions as an annual benefit for purposes of Code Section 415(b), or (2) the requirements of Code Section 415(c) are met, determined by treating all such contributions as annual additions for purposes of Code Section 415(c). (3) For purposes of applying subparagraph (1), the System will not fail to meet the reduced limit under Code Section 415(b)(2)(c) solely by reason of this subparagraph (3), and for purposes of applying subparagraph (2) the System will not fail to meet the percentage 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 — recognized by the System for purposes of calculating a Member's benefit under the plan, (2) which such Member has not received under the plan, and (3) which such Member may receive only by making a voluntary additional contribution, in an amount determined under the System, 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 beginning after December 31, 1997, such term may, if otherwise provided by the System, include service credit for periods for which there is no performance of service, and, notwithstanding clause B.(2), may include service credited in order to provide an increased benefit for service credit which a Member is receiving under the System. 11. Contribution Limits. E A. For purposes of applying the Code Section 415(c) limits in -this subseetion 10. which are incorporated by reference and for purposes of this subsection 11., only and for no other purpose, the definition of compensation where applicable will be compensation actually paid or made available during a ealendar limitation year, except as noted below and as permitted by Treasury Regulations Section 1.415(c)-2, or successor regulations. Unless another definition of compensation that is permitted by Treasury Regulations Section 1.415(c)-2, or successor regulation, is specified by the System, compensation will be defined as wageswithin the meaning of Code Section 3401(a) and all other payments of compensation to an employee by an employer for which the employer is required to furnish the employee a written statement under Code Sections 6041(d), 6051(a)(3) and 6052 and will be determined without regard to any rules under Code Section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in Code Section 3401(a)(2). (1) However, for eatendaf limitation years beginning 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 ealandar limitation years beginning after December 31, 2000, compensation will also include any elective amounts that are not includible in the gross income of the employee by reason of Code Section 132(f)(4). (2) For limitation years beginning on and after January 1, 2007, compensation for the calendar limitation year will also include compensation paid by the later of 2%2 months after an employee's severance from employment or the end of the ealendai limitation year that includes the date of the employee's severance from employment if: (a) the payment is regular compensation for services during the employee's regularworking hours, or compensation for services outside the employee's regular working hours (such as overtime or shift differential), commissions, bonuses or other similar payments, and, absent a severance from employment, the payments would have been paid to the employee while the employee continued in employment with the employer; or (b) the payment is for unused accrued bona fide sick, vacation or other leave that the employee would have been able to use if employment had continued. (3) Back pay, within the meaning of Treasury Regulations Section 1.415(c)-2(g)(8), shall be treated as compensation for - the limitation year to which the back pay relates to the extent the back pay represents wages and compensation that would otherwise be included under this definition. B B. Notwithstanding any other provision of law to the contrary, the Board may modify a request 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 using the following methods: (1) If the law requires a lump sum payment for the purchase of service credit, the Board may establish a periodic payment deduction plan for the Member to avoid a contribution in excess of the limits under Code Sections 415(c) or 415(n). (2) If payment 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. C. If the annual additions for any Memberfor a limitation year exceed the limitation under Section 415(c) of the Code, the excess annual addition will be corrected as permitted under the Emoloyee Plans Compliance Resolution System (or similar IRS correction program). D. For limitation years beginning on or after January 1 2009 a Member's compensation for purposes of this subsection 11 shall not exceed the annual limit under Section 401(a)(17) of the Code. ++ 12. Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously participated in such System, on or after January 1, 1980, shall not exceed one hundred percent (100%) of his Average Final Compensa- tion. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. B. No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a, retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. SECTION 3: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: 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 6: That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this 16th day of July . 2013. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk Passed on second reading after public hearing this 20th day of Aawst 2013. ATTEST: Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney dmtok/pol/05-28-13.ord James E. Kirk, Mayor r;� Law Offices Exhibit 6 Ch ristiahsen & Dehne>ry P.A. July 16, 2013 63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 ® 941.377-2200 ® Fax 941.377.4848 May 28, 2013 Mr. Brian Whitehall City Administrator City of Okeechobee 55 S.E. 3RD Avenue Okeechobee, FL 34974-2032 Re: City of Okeechobee Municipal Firefighters' Pension Fund Dear Mr. Whitehall: As you know, I represent the Board of Trustees of the City of Okeechobee Municipal Firefighters' Pension Fund. Enclosed please find a revised proposed ordinance amending the City of Okeechobee Municipal Firefighters' Pension Fund, which is recommended by the Board for adoption by the City Council. This ordinance amends Section 1, Definitions to amend the definition of Credited Service, and Section 15, Maximum Pension, to comply with recent changes to the Internal Revenue Code (IRC) relating to tax qualified pension plans such as this plan. These amendments clarify language required by the IRC and are mandatory amendments that must be made by September 30, 2013 to ensure the continuation of the plan's tax qualified status. In this revised ordinance, further technical compliance amendments were made to Section 15, Maximum Pension. With these additional changes, the pension plan will comply with all required applicable IRC changes and updates. By copy of this letter to the plan's actuary, Gabriel Roeder Smith & Company, I am requesting that they provide you with a revised updated letter indicating that there continues to be no -cost associated with the adoption of this ordinance. If you or any member of your staff have any questions with regard to this ordinance, please feel free to give me a call. In addition, if you feel it would be appropriate for me to be present at the meeting at which this ordinance is considered by the City Council, please contact my office to advise me of the date that the ordinance would be considered. Yours ve tr y, Z Scott R. Christiansen SRC/dm enclosure cc: Theora Braccialarghe, with enclosure Michael Skipper, with enclosure Gabriel Roeder Smith & Compativ One East Broward Blvd. 954.527.1616 phone �.e.,nsuit:nn:. ;�ccuarics Suite 505 954.525.0083 fax Ft. Lauderdale, FL 33301-1304 WWW.gabrieirocdercom June 6, 2013 Mr. Glenn Hodges City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974-4221 Re: Okeechobee Municipal Firefighters' Pension Fund Actuarial Impact Statement for Proposed Ordinance Dear Glenn: We have reviewed the revised proposed ordinance amending the Okeechobee Municipal Firefighters' Pension Fund drafted by Scott Christiansen and dated May 28, 2013. This ordinance would amend the Plan as follows: • Change the definitions of'Crediled Service and Maximum Pension, to comply ivith recent changes to the Internal Revenue Code (IRC). In this revised ordinance; further technical compliance amendments were made to Maximum Pension section. in our opinion, this amendment will have no actuarial impact on the Plan. The attached Statement must be filed witb the Division of Retirement before the final public hearing on the ordinance. Please have a member of the Board of Trustees sign the Statement. Then send the Statement along with a copy of the proposed ordinance to Tallahassee. The undersigned actuaries are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date Respectfully submitted, Theora P. Braecialarghe, F A, MAAA Enrolled Actuary No. 11-02826 cc: Scott Christiansen, PIan Attorney Jobn Koepke, Board Chair Janet McKinley Melissa R. Algayer, 94.4 . A, FCA Enrolled Actuary No. 11-06467 OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND Impact Statement — June 6, 2013. Description of Amendment The proposed ordinance would change the definitions of Credited Service and Maximum .Pension, to comply with recent changes to the Internal Revenue Code (IRC). Funding Implications of Amendment There is no actuarial cost due to this ordinance. Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. For the Board of Trustees as Plan Administrator ORDINANCE NO. lin?_ 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 15, MAXIMUM PENSION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee Firefighter employees are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee; and WHEREAS, it becomes necessary from time to time to amend said ordinances in order to clarify or restate certain provisions of the ordinance, or to enact amendments to comply with revised Federal regulations; NOW THEREFORE, be it ordained before 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 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 definition of "Credited Service", to read as follows: 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 forwhich 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 performs "Qualified Military Service" consisting of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L.103-353), 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 reemployment under the provisions of USERRA. The Member 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 required by USERRA. The maximum credit for military service pursuant to this paragraph shall be five (5) years. D. This paragraph 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 performing USERRA Qualified Military Service, the beneficiaries of the Member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the Member had resumed employment and then died while employed. 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 15, Maximum Pension, to read as follows: SECTION 15. MAXIMUM PENSION. 1. Basic Limitation. Notwithstanding any other provisions of this System to the contrary, the Member contributions paid to, and retirement benefits paid from, the System 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), subject to the applicable adjustments 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), subject to the applicable adjustments in Code Section 415(b) and subject to any additional limits that may be specified in this System. For purposes of this Section, "limitation year" shall be the calendar year. 2. Adjustments to Basic Limitation for Form of Benefit. ait�n►=r tint.n3•m tittiiqiuiinc� j:n�:r..�:n�r_t��it=r.u�iou�• A. For a benefit paid in a form to which Section 417(e)(3) of the Code does not apply (generally, a monthly benefit), the actuarially equivalent straight life annuity benefit that is the greater of: The annual amount of the straight life annuity (if any) payable to the Member under the Plan commencina at the same annuity starting date as the form of benefit to the Member, or 0 B. For a benefit paid in a form to which Section 417(e)(3) of the Code applies (generally, a lump sum benefit) the actuarially equivalent straight life annuity benefit that is the greatest of: M U The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particularform of benefit payable computed using the interest rate and mortality table or tabular factor, specified in. the Plan for actuarial experience; C. The actuary may adiust the 415(b) limit at the annuity starting date in accordance with subsections A. and B above Benefits Not Taken into Account. For purposes of this Section, the following benefits shall not be taken into account in applying these limits: A. Any ancillary benefit which is not directly related to retirement income benefits; Any other benefit not required under §415(b)(2) of the Code and Regulations thereunder to be taken into account for purposes of the limitation of Code Section 415(b)(1). and C. That portion of any Joint and survivor annuity that constitutes a qualified joint and survivor annul: 4. COLA Effect. Effective on and after January 1, 2003, for purposes of applying the limits under Code Section 415(b) (the "Limit"), the following will apply: A. A Member's applicable limit will be applied to the Member's annual benefit in the Member's first ealendar limitation year of benefit payments without regard to any automatic cost of living adjustments; thereafter, in any subsequent ealendar limitation year, a Member's annual benefit, including any automatic cost of living increases, shall be tested under the then applicable benefit limit including any adjustment to the Code Section 415(b)(1)(A) dollar limit under Code Section 415(d), and the regulations thereunder; but in no event shall a Member's benefit payable under the System in any eafendar limitation. year be. greater than the limit applicable at the annuity starting date, as increased in subsequent years pursuant to Code Section 415(d) and the regulations thereunder. Unless otherwise specified in the System, for purposes of applying the limits under Code Section 415(b), a Member's applicable limit will be applied taking into consideration cost of living increases as required by Section 415(b) of the Code and applicable Treasury Regulations. Other Adiustments in Limitations A. In the event the Member's retirement benefits become payable before age sixty-two (62), the limit prescribed by this Section shall be reduced in accordance with regulations issued by the Secretaryof the Treasury pursuant to the provisions of Code Section 415(b) of the Code, so that such limit (as so reduced) equals an annual straight life benefit (when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000) annual benefit beginning at age sixty-two (62). B. In the event the Member's benefit is based on at least fifteen (15) years of Credited Service as a full-time employee of the police or fire department of the City, the adjustments provided for in A. above shall not apply. C. The reductions provided for in A. above shall not be applicable to disability 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 payable after age sixty-five (65), for purposes of determining whether this benefit meets the limit set forth in subsection 1 herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. 6. Less than Ten 110) Years of Participation or Service. The maximum retirement benefits payable under this Section to any Member who has completed less than ten (10) years 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 years of Credited Service and the denominator of which is ten (10). The reduction provided by this subsection cannot reduce the maximum benefit below 10% of the limit determined without regard to this subsection. The reduction provided for in this subsection shall not be applicable to pre -retirement disability benefits paid pursuant to Section 8 or pre -retirement death benefits paid pursuant to Section 7. Participation in Other Defined Benefit Plans. The limit of this Section with respect to any Member who at any time has been a member in any other defined benefit plan as defined in Code Section 4140) maintained by the City shall apply as if the total benefits payable under all City defined benefit plans in which the Member has been a member were payable from one plan. 8. Ten Thousand Dollar ($10 000) Limit: Less Than Ten Years of Service. Notwithstanding the -foregoing anything in this Section 15, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limit set forth in this subsection 8. of Section 15 if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable t"-�-ar limitation year and for any prior Pia -Year limitation year and the City has not any time maintained a qualified 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 reducing the Member's benefit under any 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 reducing orallocating excess forfeitures fordefined 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 agreement of the Board and the plan administrator of all other plans covering such Member. 10. Service Credit Purchase Limits. A. Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, if a Member makes one or more contributions to purchase permissive service credit under the System, as allowed in Section 25 and 27, then the requirements of this Section will be treated as met only if: (1) the requirements of Code Section 415(b) are met, determined by treating the accrued benefit derived from all such contributions as an annual benefit for purposes of Code Section 415(b), or (2) the requirements of Code Section 415(c) are met, determined by treating all such contributions as annual additions for purposes of Code Section 415(c). (3) For purposes of applying subparagraph (1), the System will not fail to meet the reduced limit under Code Section 41.5(b)(2)(c) solely by reason of this subparagraph (3), and for purposes of applying subparagraph (2) the System will not fail to meet the percentage limitation under Section 415(c)(1)(B) of the Code solely by reason of this subparagraph (3). For purposes of this subsection the term "permissive service credit" means service credit— (1) recognized by the System for purposes of calculating a Member's benefit under the plan, (2) which such Member has not received under the plan, and (3). which such Member may receive only by making a voluntary additional contribution, in an amount determined under the System, 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 beginning after December 31, 1997, such term may, if otherwise provided by the System, include service credit for periods for which there is no performance of service, and, notwithstanding clause B.(2), may include service credited in order to provide an increased benefit for service credit which a Member is receiving under the System. 11. Contribution Limits. S A. For purposes of applying the Code Section 415(c) limits ln-this sdiaseetkm- . which are incorporated by reference and for purposes of this subsection 11., only and for no other purpose, the definition of compensation where applicable will be compensation actually paid or made available during a calendar limitation year, except as noted below and as permitted by Treasury Regulations Section 1.415(c)-2, or successor regulations. Unless another definition of compensation that is permitted by Treasury Regulations Section 1.415(c)-2, or successor regulation, is specified by the System, compensation will be defined as wages within the meaning of Code Section 3401(a) and all other payments of compensation to an employee by an -employer for which the employer is required to.furnish the employee a written statement under Code Sections 6041(d), 6051(a)(3) and 6052 and will be determined without regard to any rules under Code Section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in Code Section 3401(a)(2). (1) However, for calendar limitation years beginning 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 limitation years beginning after December 31, 2000, compensation will also include any elective amounts that are not includible in the gross income of the employee by reason of Code Section 132(f)(4). (2) For limitation years beginning on and after January 1, 2007, compensation for the calendar limitation year will also include compensation paid by the later of 21/2 months after an employee's severance from employment or the end of the eaiendar limitation year that includes the date of the employee's severance from employment if: (a) the payment is regular compensation for services during the employee's regular working hours, or compensation for services outside the employee's regular working hours (such as overtime or shift differential), commissions, bonuses or other similar payments, and, absent a severance from employment, the payments would have been paid to the employee while the employee continued in employment with the employer; or (b) the payment is for unused accrued bona fide sick, vacation or other leave that the employee would have been able to use if employment had continued. (3) Back pay, . within the meaning of Treasury Regulations Section 1.415(c)-2(g)(8), shall be treated as compensation for the limitation year to which the back pay relates to the extent the back pay represents wages and compensation that would otherwise be included under this definition. D B. Notwithstanding any other provision of law to the contrary, the Board may modify a request 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 using the following methods: (1) If the law requires a lump sum payment for the purchase of service credit, the Board may establish a periodic payment deduction plan for the Member to avoid a contribution in excess of the limits under Code Sections 415(c) or 415(n). (2) If payment 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. C. If the annual additions for any Member for a limitation year exceed the limitation under Section 415(c) of the Code the excess annual addition will be corrected as permitted under the Employee Plans Compliance Resolution System (or similar IRS correction program D. For limitation years beginning on or after January 1 2009 a Members compensation for purposes of this subsection 11 shall not exceed the annual limit under Section 401(a)(17) of the Code 91 12. Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously participated in such System, on or after January 1, 1980, shall not exceed one hundred percent (100%) of his Average Final Compensa- tion. However, nothing contained In this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. B. No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. SECTION 3: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: 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 6: That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this lhth day of July , 2013. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk Passed on second reading after public hearing this 20th day of Aw mt , 2013. ATTEST: Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney dm/ok/fire/05-28-13.ord James E. Kirk, Mayor Q Exhibit 7 July 16, 2013 CITY OF OKEECHOBEE (863) 763-3379- FAX (863) 763-1686 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO: CITY ADmiNISTI ATOWS OFFICE 55 SE 3111, AVENUE 0RUCHOIlEE1 FLORIDA 34.974 NAME: _ j o d of df i� A M.3 Q ,e6A gXy6 6aan - ADDRESS: — ,o 0 (-g Catylemel AfOOld 9A TELEPHONE:,_.... IRI=�,j�_ - 319'3 _ PAX:.-- �-t--r f MEETING: REGULAR Vyjam,( . SPECIAL O WORKSHOP O DATE:-- v PLEASB STATE THR ITBM YOU WISH TO HAVE PLACED ON THECITY COUNCIL AGENDA: ��ec�ob�-• �Qr�ns rBl�c� :�Z�p �'��io r� _��� c�---- - PLEASE STATE W HATDEPARTMENT(S) YOU HAVE WORKED WITH: PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: 1 1 P IF A PRESENTATION IS TO BE MADEI PLEASE LIMIT THE TIME TO TEN M INUTBS UNLESS OTHERWISE APPROVED BY THE MAYOR. SIGNED BY: _- DATE: C6 E3 UJK'w!L"v' / i r i i/ ///f ;l: III, Pill The arena has been the home to professional rodeo events for over 50 years This grass -root facility has provide entertainment from professional, ranch, high school rodeos and barrel racing and bull riding events This arena has been the home of some of finest professional cowboys in the country, (Pete Clemons, Jimbo Watford, D.R. Daniels & Rabe Rabon to name a few) The events held at the arena for many years were the lifeline for this agricultural based community Funds received were dedicated to educational 4-H and FFA scholarship programs to assist facilitate and sustain cattle ranching and farming in our County The Okeechobee Cattlemen's Association is an association committed to the conservation of the Florida cattle industry. Okeechobee Cattlemen make every effort to make a positive difference for all cattlemen as well as our local community Small businesses in the City as well as overall tourism will feel the impact with the restoration of the arena and the events that it will manage. Every dollar spent has approximately three dollars of economic impact to our community To give you a estimated view of the flow of dollars, the following examples are provided based on projected figures of attendance for the Labor Day Rodeo dEh Average Attendance for a 3 day Average Attendance for a 3 day rodeo event: 2400 people rodeo event: 3600 people =® Average family size: 3.2 people Average family size: 3.2 people d Average number of families at a d Average number of families at a three day event: 750 three day event:1125 Average spending per family: $75 Average spending per family: $75 Total spent: $56K for the 3 days Total spent: $84K for the 3 days Forecasted Economic Impact: Forecasted Economic Impact: $168k $252k v: Projected overall costs of the project is approximately $14ok G Raised over $25k in donations §n Received a commitment from Gilbert Chevrolet, Eli's Western Wear & Okeechobee Livestock Market to match our $5oK with $5oK * Began restoration on seats and concession stands Where people attending the rodeo both residents and visitors, the economic impact to our community is undeniable r We are requesting the City to provide $4oK to assist with the restoration efforts of the historical rodeo arena This is a one time request Quarterly financial reports will be provided to the City Council reflecting how the funds are being utilized Exhibit 8 City of Okeechobee 55 SF 3rd A OkeechobeJFLy349T4-2932 3 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bhteehall(,cr,,cityofokeechobee.com F� Su * *Memorandum �G7915�n Date: for July 16, 2013 Council meeting TO: Mayor and City Council FR: Admin Whitehall, DPWks Allen & Clerk Gamiotea RE: 90 day extension of Wk Comp benefits to employee Brian Padgett We are again approaching the City Council, as provided for in the Personnel Code, to extend the difference between works compensation benefits and normal salary for employee Brian Padgett, whose on -the- . ob injury occurred on October 23, 2012. A brief summary of Brian's progress can be mentioned during the Meeting within the HIPPA confidentiality restrictions. Again, for your information, I'm pasting the Code provisions here: JOB CONNECTED INJURY BENEFITS The City provides Worker's Compensation Insurance benefits to any dnlployee injured as a result of job duties -The City will secure immediate medical attelitioi7 for an injured employee and Furnish competent medical services. The insurance phm provides for complete payment for medical services, hospital charges and related therapy or. treat-meut. The City vVill pay the employee's regular weel ly salary less applicable deductions the first seven (7) days an employee has been temporarily disabled. Worker's Comp-ensation will pay benefits for periods exceeding s6ien.(7) days_ The employee will receive the difference between what the Worier.'s Compensation benefit pays and his/hernorinal salary equaling -one hundred percent (100%) of his/her nomnal salary if the injury is attributable to the employee's occupation in the City and is considered as such under the Workers' Compensation Statute of the State of Florida and its rules and regulations. This difference in woa--Prs compensation benefits and normal salary shall be provided R to ninety t90) days from the date of inittry. Extensions beyond 90 days may be made by the City Council, in increments up to ninety (90) days. The employee will reimburse the City if the amount paid exceeds one huindred percent (100%) of normal salary. This may be accomplished by the employee making a casli payment to the City. Specific details can be, provided by the Finance Department. Exhibit 9 F R Jul City of Okeechobee t - y,y 16 - 2013Fire Department 0 10 July 2013 The Compliance Engine is a management tool for Life Safety Inspections. It manages reports given by contractors on Life Safety Inspection issues such as fire extinguishers, fire sprinkler systems, fire alarms, commercial hood extinguishing systems, and fire pumps. The Compliance Engine (TCE) is a web -based system connecting Authorities Having Jurisdiction (AHJ), commercial entities, and third party inspection companies delivering fire and life safety inspection reports in a completely streamlined and efficient manner. COMPLIANT. TCE affords AHJs a platform to realize 100% compliance with adopted fire and life safety codes. PRODUCTIVE. In a time of constrained budgets, TCE will afford AHJs the ability to focus on deficient buildings, reducing administrative work and improving utilization of fire department manpower. ❑ SIMPLE. All with a click you receive a profile of your jurisdiction's life safety apparatuses by premise, readable uniform reports sorted compliant or deficient, automated notification letters and deficiency tracking affording you time to achieve your goals of a safer community. The contractor's will be charged $10.00 annually for inspection reports per address. Example: Fire Alarm Report, Fire Sprinkler System Reports, Fire Pump Reports, and Commercial Hood Extinguishing Systems. The Compliance Engine has been in use for 2 1/2 years and is being used in 7 states. Martin County FL was the first county in FL to adopt the use of the Compliance Engine. Martin County has gone through legal and also requests for proposals for similar products before choosing the Compliance Engine. The contract between Martin County and Brycer was finalized on January 71h, 2013 and final implementation for all contractors to report to the new system was put in place May 15', 2013. Many of the contractors serving Martin County also serve Okeechobee County. Okeechobee County and City of Okeechobee Jurisdictions have been in communication with Brycer for more than a year looking into the benefits of the system to our community. As inspections are completed by the certified fire protection contractors Okeechobee City Fire Department will be advised electronically of the businesses that are deficient and those who are in compliance with state and local fire safety regulations. When a local business is deficient, notification will make it faster and easier for us to have the deficiency addressed and corrected. Should the board approve entering into this agreement, we will need to prepare a resolution for adoption at a later meeting that will formally enact use of The Compliance Engine. Staff will have some preliminary work prior to approval of the resolution in order to formally engage The Compliance Engine. Staff would recommend approval of the contract agreement with Brycer LLC - The Compliance Engine using Martin County's bid process and agreement as our purchasing bases; subject to approval by the City Attorney. Respectively, Herb Smith Fire Chief City of Okeechobee Fire Dept. 55 S.E. 'Third Avenue o Okeechobee, Florida o 34974-2932 o 863-467-1586 o Fax: 863-763-4489 FL. Statutes state the owner of any building with fire protection systems including fire extinguishers shall be maintained and certified by'a fire protection contractor approved by the state. Fire protection contractor, can be any company recognized by the state such as a Fire Alarm, Fire Sprinkler, Fire Extinguisher, etc. It is the res o XoLthe bid business owner to contact the company for maintenance and certifications. BUSINESS OWNER CITy`OF OKEECHOBEE _ � � FIRE CONTRACTORS RESPONSIBILITY fI FIRE CONTRACTOR ;j �j They are required to execute the essential maintenance/repairs on the fire systems or devices with the consent of the business/bldg. owner. They are obligated to notify the local (AHJ) Fire Chief/Marshal to report systems status and identify any deficiencies with these life safety items. i Local AHJ receives the notification. THE COMPLIANCE ENGINE (TCE) Presently, the AHJ receives hard copies of the fire contractor's reports as well as on CD/DVD. The present process is not efficient and timely due to many reasons. There is no accountability that all systems and/or devices have been properly maintained/repaired/recertified due to the multiple fire contractors, no way to know who works on what without physically sending a City Fire Inspector to each business that can be multiple times annually based on their particular fire protection. OFD does not have the manpower to ensure and inspect all the businesses throughout the year. OFD targets the "high: hazard" occupancies first based on the highest. impact of danger to owners and citizens each year: The proposed use of a third party entity (TCE) to retain records and send out deficiency letters will enhance our inspection process and allow more efficient use of manpower and cover more business inspections per year at no cost to City of Okeechobee Fire Department. Private (third party) web based company that has a contract established with the local AHJ which causes any fire protection contractor that enters the city limits and "touches" the fire protection system or devices shall be registered with TCE. This establishes a more proficient process to ensure required fire protection systems including fire extinguishers are being correctly maintained and certified per Florida Statues for the protection of the citizens. Mid -Year Review Chamber of Commerce 40 Outline ® Current Accomplishments — organizational — Economic Development a Financials ® Direction r.,"'ber of Commerce gccG�o& Coann . Esi Current Accomplishments Organizational Achievements • Increased membership up to 154 members • Developed and in progress of implementation of Leadership Okeechobee program • Business Advocacy program has been effective in assisting existing businesses and as well as new businesses with Enterprise Zone tax credits • Relocated to the old Chamber building • Worked with City to move Okeechobee Main Street into building providing community a one -stop shopping process for any information they may require • Worked with City to provide office space for Rep. Pigman's office to be located in Okeechobee County • Hired a new Executive Director to replace Brian Cartland • Provided concealed weapons permit training to the residents of the community • Implemented a community calendar on the Chamber website to all events posted • Member of the Florida Association of Chamber Professionals Chamber of Commerce ��,_of O�ecc�ohcc Caun� V Current Accomplishments Economic Development Achievements • Assisted Charles Composites with the QRT and QTI process with Enterprise Florida • Assisted the following new or existing businesses: — Zippy' s — Pat's Floral — Posh's Salon — Son Rise Cafe — Parrott Island Grill — Brown Cow Sweetery — Harbor Federal — CenterState Bank — Applebee's — Papa John's — Mixon Realty • Provided marketing materials about County to specific site selectors involved with manufacturing and distribution services • Work with the Central Florida Planning agency on the CEDS committee developing a 5 year plan for the region • Currently assisting a Biomass power plant company and food distribution company coming to Okeechobee County • Conducted a economic development workshop in conjunction with the Florida Research Coast and Florida Power and Light • Conducted a State of the Region Seminar with a panel of speaker s discussing the state of the economy from banking, real estate, manufacturing, healthcare and workforce points of views t. Chomber of Commerce .. of Oko=406e0 Caul?' Direction Continue Helping Existing and New Businesses • Continue work with educating existing businesses • Educate on Enterprise Zone benefits • Continue promotion of Shop Local Market Okeechobee as Business Destination • Promote collateral materials to secure target industries • Continue to improve web site material • Attend Enterprise Florida Stakeholders meetings Outreach to Site Selectors Attend site selector conference in February C.Ch�lbgfcommerce 01,o1cc CaunJ Financials See Attached Cha � ber of Commerce ��1(�eec�ia�cc Corny 5:17 PM 07110/13 Cash Basis Ordinary IncomelExponse income Direct Public Support City Funding Total Direct Public support Event Income Concealed Weapons Permit Class Leadership Okoe Program Luncheon Sponsorships Luncheon Ticket Sates Rebates Sale of Speckled Perch Posters Total Event Income Other Types of income Book Sales Main Street FPL Payments Main Street Pest Control Main Street Rent Main Street Water Payments OKMS Rebate on Building Repairs Other Types of Income - Other Total Other Types of Income Program Income Membership Dues Corporate Member Friends of the Chamber Individual Member Non -Profit Member Tier 1 Business Member Tier Business Member Tier Business Member Total Membership Dues Total Program Income Total Income Gross Profit Expense Business Expenses Business Registration Fees Membership Fees Square Expenses U S Mercant Credit Card Fees Web CC Gateway Payment Total Business Expenses Contract Services Outside Contract Services Total Contract Services Chamber of Commerce of Okeechobee County, Inc. Profit & Loss by Class January through June 2013 Concealed Weapon Cl... Investors Luncheon Leadership Operating Unclasslf... TOTAL O.OD O.OD 0.00 6,000.00 0.00 5,000.00 0.00 0.00 0.00 5,000.00 0.00 6,000.0D 5,107.21 0.00 0.00 0.00 0100 5,107.21 0.00 0.00 2,765.00 395.00 0.00 3,160.00 0.00 653AO O.OD 0.00 0.00 653.40 0.00 296.00 0.00 0.00 0.00 296.00 0.00 0.00 0.00 250.00 0.00 250.00 O.OD 0.00 0.00 70.00 0.00 70.00 5.107.21 949.40 2,765.00 715.00 0.00 9,536.61 0.00 0.00 0.00 40.00 0.00 40.00 0.00 0.00 0.00 425.20 0.00 425.20 0.00 0.00 O.OD 118.26 0.00 118.26 0.00 0.00 0.00 6.00 0.00 6.00 0.00 0.00 0.00 72.86 0.00 72.66 0.00 0.00 0.00 357.00 0.00 367.00 0.00 0.00 0.0D 36.11 0.00 36.11 0.00 0.00 0.00 1,065.43 0.00 1.06-5.43 0.00 0.00 0.00 4,000.00 0.00 0.00 0.00 0.00 50.00 0.00 0.00 0.00 0.00 60.00 O.OD 0.00 0.00 0.00 1.100.00 0.00 0.00 0.00 0.00 10,292.85 0.00 0.00 0.00 0.00 1,952.11 0.00 0.00 0.00 0.00 2,000.00 0.00 0.00 0.00 0.00 19,444.96 0.00 0.00 0.00 0.00 19,444.96 0.00 5,107.21 949.40 2,765.00 26,225.39 0.00 SJ07.21 949AO 2,765.00 26,225.39 0.00 0.00 0.00 0.00 61.25 0.00 0.00 0.00 0.00 100.00 0.00 4.07 0.00 0.00 0.00 0.00 O.OD 0.00 0.00 307.46 0.00 0.00 0.00 0.00 181.90 0.00 4.07 0.00 0.00 630.81 0.00 0.00 0.00 0.00 5.135.38 O.OD 0.00 0.00 0.00 5,135.38 0.00 4,000.00 50.00 50.00 1,100.00 10,292.85 1,952.11 2,000.00 19,444.96 35.047.00 35,047.00 61.25 100.00 4.07 307.46 181.90 634.68 5.135.38 5,135.38 Page 1 5:17 PM 07/10113 Cash Basis Payroll Expenses Co- Medicare CO - Social security Executive Director Salary Federal Unemployment FL -Unemployment Company Florida UCT Salaried -St Time Employee Payroll Expenses - Other Total Payroll Expenses Reconciliation Discrepancies Travel and Meetings Hotel Expense Mileage Total Travel and Meetings Total Expense Not Ordinary Income Net Income Chamber of Commerce of Okeechobee County, Inc. Profit & Loss by Class January through June 2013 Concealed Weapon Cl 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0D 0.0D 0.00 0.00 0.00 663.77 4.443.44 4,443.44 Investors Luncheon Leadership 0.00 0.00 0.00 0.00 O.OD 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.OD 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 963.40 0.00 -14.00 -14.00 2,765.00 2,796.00 Operating UnclassiE.. TOTAL 280AS 0.00 280.45 1,113.66 0.00 1,113.66 13,500.00 0.00 13,500.00 140.91 0.00 140.91 336A8 0.00 336.48 268.27 0.00 268.27 4.462.23 0.00 4,48223 1,247.25 0.00 1.247.25 21.329.25 0.00 21.329.25 0.00 6.74 6.74 88.90 0.00 86.90 178.92 0.00 178.92 265.82 0.00 265.82 37,276.63 8.74 38,910.74 -11,051A4 -6.74 -3,883.74 -11,051.44 -6.74 -3,863.74 Page 3 I 5:17 PM 07110/13 Cash Basis Ordinary Income/Expense Income Direct Public Support City Funding Total Direct Public Support Event Income Concealed Weapons Permit Class Leadership Okee Program Luncheon Sponsorships Luncheon Ticket Sales Rebates Sale of Speckled Perch Posters Total Event Income Other Types of Income Book Sales Main Street FPL Payments Main Street Pest Control Main Street Rent Main Street Water Payments OKMS Rebate on Building Repairs OthorTypos of Income -Other Total Other Types of Income Program Income Membership Dues Corporate Member Friends of the Chamber Individual Member Non -Profit Membor Tier 1 Business Member Tier 2 Business Member Tier 3 Business Member Total Membership Dues Total Program Income Total Income Gross Profit Expense Business Expanses Business Registration Fees Membership Foos Square Expenses U S Mercant Credit Card Fees Web CC Gateway Payment Total Business Expenses Contract Services Outside Contract Services Total Contract Services Chamber of Commerce of Okeechobee County, Inc. Profit & Loss by Class January through June 2013 Concealed Weapon Cl... investors Luncheon Leadership Operating Unclassif... 0.00 0.00 0.00 0.00 5,107.21 0.00 0.00 0.00 0.00 663.40 0.00 296.00 0.00 0.00 0.00 0.00 5.107.21 949.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.OD 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,107.21 5,107.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 949AO 949.40 0.00 0.00 0.00 0.00 4.07 0.00 0.00 0.00 0.00 0.00 4.07 0.00 0.00 0.00 0.00 O.OD TOTAL 0.00 5,000.00 0.00 5,000.00 0.00 5,000.00 0.00 5.000.00 0.00 0.00 0.00 6.107.21 2.765.00 395.00 0.00 3.160.00 0.00 0.00 0.00 853.40 0.00 0.00 0.00 296.00 0.00 250.00 0.00 250.00 0.00 70.00 0.00 70.00 2,765.00 715.00 0.00 9,538.61 0.00 40.00 0.00 40.00 0.00 426.20 0.00 425.20 0.00 118.25 0.00 118.26 0.00 6.00 0.00 8.00 0.00 72.88 0.00 72.86 0.00 367.00 0.00 367.00 0.00 36.11 0.00 36.11 0.00 1,065.43 0.00 1,065.43 0.00 4.000.00 0.00 4,000.00 0.00 50.00 0.00 50.00 0.00 50.00 0.00 60.00 0.00 1,100.00 0.00 1,100.00 0.00 10,292.85 0.00 10,292.85 0.00 1,952.11 O.OD 1,952.11 0.00 2,000.00 0.00 2,000.00 0.00 19.444.96 0.00 19,444.96 0.00 19.444.96 0.00 19,444.96 2,785.00 26,225.39 0.00 35,047.00 2,765.00 26.225.39 0.00 35,047.00 0.00 61.25 0.00 61.25 0.00 100.00 0.00 10D.00 0.00 0.00 0,00 4.07 0.00 307.46 0.00 307.48 0.00 181.90 0.00 161.90 0.00 630.61 0.00 634.68 0.00 5,135.38 0.00 5,135.38 0.00 5,135.38 0.00 5.135.3a Page 1 July 10, 2013 To: Brian Whitehall Ref: PD Windows Exhibit 11 July 16, 2013 As indicated in our 5 year Plan it's imperative that we replace the windows at the Police Dept. Most of the windows are leaking, and have caused damage to the inside of the window area (photos attached). None of the windows are hurricane rated, they are single pane windows. During past storms we have had to place plywood on the inside of the window because the window was flexing to the extent that the sides of the window were coming loose from the window pane, this in spite of having the hurricane shudders on them. We have gotten several estimates (attached) to have them replaced. Chief Davis 0 } t 4 t 'Y f- a rt„ • A 07.03.2013 09:26 t Batton Consulting Services, LLC Certified Building Contractor Certified Home Inspector CBC 008329 HI 412 Proposal June 24, 2013 Project: City of Okeechobee Police Department Window replacement We propose to furnish labor and material to remove and replace the windows in the City Police Department building as follows: The windows will be single hung 1/1 with insulated impact resistant glass that meets the 2010 Florida Building Code. The frames will be bronze with bronze tinted glass. The stucco in the window openings will be patched and painted to match the existing as near as possible. Inside repairs to the drywall other than caulking and sealing are not included in this bid. Every effort will be made not to damage the inside. The contractor shall complete permitting procedure. Any cost incurred obtaining the permit shall be paid by the owner. Contract price for the removal and replacement of 17 windows as described above will be $$18,598.00. Thank you, 131 ert Batton, Managing Member Batton Consulting Services, LLC TED STARR CONSTRUCTIOI.I INC. 648 NW 50th DR. OKEECHOBEE, FL 34972 Name/Address Description Qty REMOVE AND REPLACE 17 EXISTING WINDOWS IN POLICE STATION WITH SINGLE HUNG, BRONZE TINT, BRONZE ALUMINUM FRAME IMPACT WINDOWS. ALL PERMITTING, LABOR AND MATERIALS INCLUDED. Thant: you for allowing us to bid your project Phone # Fax # E-mail 863-697-97 (3 363-763-2949 st�u rmai���4(r?yahoo.aim Estimate _------ -,---------._-__...___.-_ ...._.._... i Date Estimate No. 6/25I2013 13 Project Rate - - - ^_""14,850. 00 Total Total: i 14,850.00 $14,850.00 DMIBIT 12 JULY 16, 2013 Exhibit will be provided at the meeting i City Council Agenda: July 16 th , 2013 Agenda Item Staff recommended proposed motion. Approve the continuation of the current Health Insurance plan to be offered to all eligible employees effective October 1 st, 2013 and for the City to pay 100% of the B1ueOptions 03748 (current plan) premium for the employee and $70.00 toward dependent health insurance cost. Background: Historically the City has paid 100% of an Employees Health Insurance Premium and $70.00 toward dependent Health Insurance cost. PRM AETNA BlueCross FY 2008 $ 440.08 FY 2009 $ 381.66 $ 669.77 FY 2010 $ 403.54 FY 2011 $ 415.87 $ 507.65 FY 2012 Current Plan $ 447.06 FY 2013 Current Plan $ 489.08 2014 Current Plan Renewal $ 545.56 Over the past 6 years we have minimized our increases by moving from a renewal provided by BlueCross in the amount of $669.77 to last year's premium of $489.08. Carrier's trend has been averaging from 11 % to 18% each year. It has been advantageous to be a participant within the PRM group as the maximum increase in any one year is 6 points over the group's average increase. This has enabled the City to provide its employees with a good health insurance plan (a benefit to the employee). The City experienced higher than normal claims for the last 12 months. The premium increase for the new year is $40,666 (11.25%), an increase from last year. " Continuing with the current plan the City's cost will be $40,666 higher than fiscal year 2013. City cost for FY 2013, BlueOptions 3748 Plan : $3619377 City cost for renewal, BlueOptions 3748 Plan : $402,043 Cost difference : $ 40,666 Possible Options: Cost avoidance for the City in adding the HMO plan and the City using the HMO as the base plan would save $24,711. City cost for renewal, BlueOptions 3748 Plan City cost if we use HMO 05 Plan as base Plan: Cost avoidance: Or $15,955 increase from last year Notable Disadvantages (not all inclusive): No out of state coverage (Emergency is the only exception) Named Primary Doctor No Coverage for Non -Providers U $4029043 $377,332 ($ 24,711) Offer only the PP0727 which would result in a cost avoidance of $40,666 and a savings to the City in the amount of $6,077 City cost for renewal, BlueOptions 3748 Plan $402,043 City cost if we offer only the PP0227 Plan: $355,300 Cost avoidance: ($ 46,742) Notable Disadvantages (not all inclusive): Change in Provider List Up front deductible, $500 Co -pays and deductible not in max out of pocket ($2000 in lieu of $1500) Co-insurance up to Maximum out-of-pocket Cost shifting from City expense to Employee Expense Increase of out -pocket expense to Employee $500 + MEDICAL Current Plan PRM GROUP HEALTH TRUST CITY OF OKEECHOBEE Health Products for Effective Dates of October 1st, 2013 # Insured # Insured Dependents Employee Dependent Monthly Annual City FY 2013 FY 2013 rate City Cost City Cost Cost Difference Difference 60 11 $489.08 $70.00 $30,114.80 $361,377.60 Current Plan w /Renewal Rate 60 11 $545.56 $70.00 $33,503.60 $402,043.20 $ 40,666 11.25% Option 2 HMO -Blue 5 60 11 $511.24 $70.00 $31,444.40 $377,332.80 $ 15,955 4.42% Option 3 PPO 0727 ($500 60 11 $480.64 $70.00 $29,608.40 $355,300.80 -$46,742.40 - 11.63% ded + 20 %) ' Monthly Premium Employee Only - Employee & Spouse Employee Child(ren) Employee & Family 2013 Rate Current Plan- Blue Options 03748 $489.08 $1,221.02 $976.34 $1,557.38 2014 (Renewal) Current Plan- Blue Options 03748 $545.56 $1,362.02 $1,089.08 $1,662.28 2014 Rate Proposed Option 2 BlueCare HMO 05 $511.24 $1,276.36 $1,020.56 $1,627.96 2014 Rate - Proposed Option 3 PPO 0727 $480.64 $1,199.94 $959.50 $1,530.50 2013 -14 Rate Comp 3 other.xlsx 7/16/201310:22 AM PUBLIC RISK MANAGEMENT MEDICAL BENEFIT COMPARISON EFFECTIVE OCTOBER 1, 2013 11i541; basld ai Cost Sharing Maximums shown are Per Benefit Period (BPM) unless noted Deductible (DED) (Per Person /Family Agg) In- Network Out -of- Network Coinsurance (Member Responsibility) In- Network Out -of- Network Out of Pocket Maximum (Per Person /Family Agg) In- Network Out -of- Network Lifetime Maximum Professional Provider Services Allergy Injections In- Network Family Physician In- Network Specialist Out -of- Network E-Office Visit Services In- Network Family Physician In- Network Specialist Out -of- Network Office Services In- Network Family Physician In- Network Specialist Out -of- Network Provider Services at Hospital and ER In- Network Family Physician In- Network Specialist Out -of- Network Provider Services at Other Locations In- Network Family Physician In- Network Specialist Out -of- Network Radiology, Pathology and Anesthesiology Provider Services at Hospital or Ambulatory Surgical Center In- Network Specialist Out -of- Network Preventive Care Adult Wellness Office Services In- Network Family Physician In- Network Specialist Out -of- Network Colonoscopies (Routine) In- Network Out -of- Network Mammograms (Routine and Dx) In- Network Out -of- Network Well Child Office Visits (No BPM) In- Network Family Physician In- Network Specialist Out -of- Network Emergency /Urgent/Convenient Care Ambulance Maximum (per Day) In- Network Out -of- Network Convenient Care Centers (CCC) In- Network Out -of- Network Emergency Room Facility Services (also see Professional Provider Services) In- Network Out -of- Network Urgent Care Centers (UCC) In- Network Out -of- Network Facility Services - Hosp /Surg /ICL /IDTF Unless otherwise noted, physician services are in addition to facility services. See Professional Provider Services. BlueOptions 03748 $0 / $0 $500 / $1,500 0% 40% Includes DED, Coinsurance, Copays; Excludes Rx $1,500 / $3,000 $3,000 / $6,000 No Maximum $10 $10 DED +40% $10 $10 DED +40% $10 $20 DED +40% $0 $0 $0 $10 $20 DED +40% $20 DED +40% No Maximum $0 $0 40% (No DED) Age 50+ then Frequency Schedule Applies $0 $0 $0 $0 $0 $0 40% (No DED) $5,500 $0 $0 $10 DED +40% $50 $50 $20 DED +40% BlueCare 05 Not Applicable Not Applicable Not Applicable Includes all Copays (including Rx) $1,500 / $3,000 Not Applicable No Maximum $5 Not Covered $10 $10 Not Covered $10 $10 Not Covered $0 $0 Not Covered BlueChoice 0727 $500 / $1,500 Combined with In- Network 20% 40% Included only Coinsurance; Excludes RX $1,500 / $4,500 Combined with In- Network No Maximum $10 DED +40% $15 $15 DED +40% $15 DED +40% DED +20% DED +20% DED +20% DED +20% $0 $0 $0 Not Covered Age 50+ then Frequency Schedule Applies $0 Not Covered $0 Not Covered $0 $0 Not Covered No Maximum $0 Not Covered $10 Not Covered $50 $50 $10 SP Not Covered No Maximum $0 $0 40% (No DED) Age 50+ then Frequency Schedule Applies $0 40% (No DED) $0 $0 No Maximum $0 $0 40% (No DED) DED +20% ln-Ntwk DED + 20% $15 DED +40% Ambulatory Surgical Center 1 of 3 PUBLIC RISK MANAGEMENT MEDICAL BENEFIT COMPARISON EFFECTIVE OCTOBER 1, 2013 Cost Sharing Maximums shown are Per Benefit Period (BPM) unless noted In- Network Out -of- Network Independent Clinical Lab In- Network Out -of- Network Independent Diagnostic Testing Facility - Xrays and AIS (Includes Physician Services) In- Network - Advanced Imaging Services (AIS) In- Network - Other Diagnostic Services Out -of- Network Inpatient Hospital (per admit) In- Network Out -of- Network Inpatient Rehab Maximum Outpatient Hospital (per visit) In- Network Out -of- Network Therapy at Outpatient Hospital In- Network Out -of- Network MENTAL HEALTH AND SUBSTANCE ABUSE Inpatient Hospitalization In- Network Out -of- Network Outpatient Hospitalization (per visit) In- Network Out -of- Network Provider Services at Hospital and ER In- Network Family Physician or Specialist Out -of- Network Provider Physician Office Visit In- Network Family Physician In- Network Specialist Out -of- Network Provider Emergency Room Facility Services (per visit) In- Network Out -of- Network Provider Services at Locations other than Hospital and ER In- Network Family Physician In- Network Specialist Out -of- Network Provider Other Special Services and Locations Advanced Imaging Services in Physician's Office In- Network Family Physician In- Network Specialist Out -of- Network Birthing Center In- Network Out -of- Network Diabetic Equipment and Supplies* In- Network Out -of- Network Durable Medical Equipment, Prosthetics, Orthotics BPM In- Network Out -of- Network Home Health Care BPM In- Network Out -of- Network Hospice LTM In- Network Out -of- Network Outpatient Therapy and Spinal Manipulations BPM Skilled Nursing Facility BPM In- Network Out -of- Network Prescription Drugs Deductible BlueOptions 03748 $50 DED +40% $0 DED +40% $50 $50 DED +40% Option 1 - $250 / Option 2 - $500 $750 21 Days Option 1 - $100 / Option 2 - $200 $300 Option 1 - $100 / Option 2 - $200 $300 BlueCare BlueChoice 05 0727 $100 Not Covered $0 Not Covered $0 $0 Not Covered DED +20% DED +40% 20% (No DED) 40% (No DED) $15 $15 DED +40% $250 DED + 20% Not Covered $300 PAD + DED + 40% No Maximum No Maximum $100 Not Covered $5 Not Covered Option 1 - $250 / Option 2 $500 $750 Option 1 - $100 / Option 2 - $200 $300 $0 DED +40% $10 $20 DED +40% $50 $50 $0 $0 DED +40% $250 Not Covered $100 Not Covered $0 Not Covered $10 $10 Not Covered $50 $50 $0 $0 Not Covered $10 $20 DED +40% $0 DED +40% $0 DED +40% Enteral Formulas:$2,500 All Other: No Maximum $0 DED +40% 20 Visits $0 DED +40% No Maximum $0 DED +40% 35 Visits (Includes up to 26 Spinal Manipulations) 60 Days $0 DED +40% $0 $0 Not Covered $0 Not Covered $0 Not Covered Enteral Formulas:$2,500 All Other: No Maximum $0 Not Covered No Maximum $0 Not Covered No Maximum $0 Not Covered No Maximum. Auth Reg for Therapy 90 Days $0 Not Covered DED + 20% DED +40% DED +20% DED +40% DED +20% $300 PAD + DED + 40% DED + 20% DED +40% DED + 20% DED +40% $15 $15 DED +40% DED + 20% DED + 20% DED +20% DED +20% DED +40% $15 $15 DED +40% DED + 20% DED +40% DED +20% DED +40% Enteral Formulas:$2,500 All Other: No Maximum DED +20% DED +40% 20 Visits DED + 20% DED +40% No Maximum DED +20% DED +40% 54 Visits (Includes up to 26 Spinal Manipulations) 60 Days DED +20% DED +40% 2 of 3 PUBLIC RISK MANAGEMENT MEDICAL BENEFIT COMPARISON EFFECTIVE OCTOBER 1, 2013 Cost Sharing Maximums shown are Per Benefit Period (BPM) unless noted BlueOptions BlueCare BlueChoice 03748 05 0727 In-Network Retail (30 Days) Generic/Preferred Brand /Non- Preferred Mail Order (90 Days) Generic /Preferred Brand /Non- Preferred Out•of•Network Retail (30 Days) Generic /Preferred Brand /Non- Preferred Mail Order (90 Days) Generic /Preferred Brand /Non- Preferred Medical Pharmacy (Provider- Administered Rx)** In- Network Out -of- Network $10 /$25 /$ 60 $20 /$50 / $120 50% of allowance 50% of allowance See Location of Service See Location of Service $5/ $25/ $25 $10 /$50/ $50 Not Applicable See Location of Service Not Covered $5/ $35 /$35 $10/ $70 /$70 50% of allowance 50% of allowance See Location of Service See Location of Service 3 of 3 Exhibit 13 July 16, 2013 City Council Agenda: July 161",2013 Agenda Item Motion l: Approval of maximum millage rate for advertisement for 2013 Tax notices, 8.8765 for fiscal year 2013-2014. Motion 2: Approval of 2013-2014 Budget Preparation and Millage Calendar setting workshop(s) to be held August 20th, 5:00pm, August 27th at 5:00pm (if needed), First Public Hearing September 3rd at 6:00 pm, and Final Public Hearing September 17th, 2013 at 6:00 pm, all to be held in Council Chambers at 55 SE 3rd Avenue, Okeechobee, FL. Background: This proposed rate of 8.8765 is the calculated rollback/rollforward rate with the applicable State allowed CPI plus 1 mil. Total Taxable FY Value 97%* 2012/2013 Budgeted 2012/2013 Taxable Value: $230,286,930 $223,378,322 $219,233,687 2013/2014 Same property Values: $230,215,792 $223,309,318 (Values w/o New Construction) Decrease in same ($ 71,138) ($ 69,004) properties (.03%) (.03%) 2012/2013 Millage Rate 7.7432 generated Ad $1,783,157 $1,729,663 $1,697,570 Valorem Revenue 2013/2014 Rollback/Rollforward $1,783,159 $1,729,664 Millage Rate, 7.7456 (w/o New Construction) 2013/2014 Rollback/Rol lforward Millage Rate, w/CPI $2,043,510 $1,982,205 8.8765 (w/o New Construction) Ad Valorem Revenue with $2,056,616 $1,994,917 New Construction *97% of Taxable Values used within the budget. **CPI per Florida Statute Exhibit 14 July 16, 2013 BUDGET CALENDAR FOR YEAR 2013/2014 07/01/2013 Certification from Property Appraiser 07/16/2013 Set date, time and place for public hearings and set maximum millage rate for tentative budget (regular council meeting) 08/20/2013 Budget Workshop, 5:00 pm (regular council meeting) 08/27/2013 Second Budget Workshop, 5:00 pm, (if needed) 09/03/2013 First Public Hearing at 6:00 pm (regular council meeting) 09/17/2013 Final Public Hearing at 6:00 pin All meetings to be held: Council Chambers at City Hall 55 SE 3rd Avenue Okeechobee, FL 34974 Lane Gamiotea From: Robin Brock < rbrock@cityofokeechobee.com > Sent: Monday, July 15, 2013 12:25 PM,?4��� To: Lane Gamiotea Cc: Melisa Jahner Subject: FW: Consulting Engineer RFQ l (� Attachments: City Engineer RFQ Document.doc; Memo Agenda Additional Item.docx Attached is also the memo that will be distributed. O Robin Brock Executive Secretary City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 x 212 Fax: (863) 763-1686 Email: rbrock(a_cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: Brian Whitehall [ma iIto: bwhitehall(aacityofokeechobee.com] Sent: Monday, July 15, 2013 12:16 PM To: 'Councilman Clayton Williams'; Councilman Devin Maxwell; Councilman Dowling Watford; Mayor Kirk Cc: 'Robin Brock'; 'Lane Gamiotea' Subject: Consulting Engineer RFQ Have worked to perfect the RFQ process that is mentioned in my activity report but was neglected adding to the Agenda and now it's attached to this email. I'm requesting that you add it to the Agenda for consideration. Thanks Administrator City of Okeechobee (863) 763-3372 ext: 212 fax: (863) 763-1686 E-Mail: bwhitehall(o)_cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. MEMORANDUM To: Mayor Kirk and City Council Members From: Brian Whitehall, Administrator Subject: Additional Item to Agenda Date: July 15, 2013 Please consider adding the following new business item to the agenda: Motion to approve a request to solicit RFQ's for a Consulting Engineer — City Administrator (Exhibit 15). Thank you. lM City of Okeechobee 55 SE 3rd Avenue • Okeechobee • Florida 34994 City Administration Mr. Brian Whitehall Telephone (863) 763-3372 City Administrator Fax: (863) 763-1686 bwhitchall a cityofokcechobce.eom www.cityofokeechobee.com r 7� LEGAL NOTICE FOR RFQ#ADM 02-k08-13 PROFESSIONAL ENGINEERING & SURVEYING SERVICES The Okeechobee City Council, Okeechobee, Florida, in compliance with Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA), invites Expressions of Interest from qualified, experienced, licensed civil engineers to provide Professional Engineering & Surveying Services to the City of Okeechobee. Description: The intent of this solicitation is to select the most highly qualified firm(s) to provide Professional Engineering & Surveying Services to the City of Okeechobee on an "as needed" basis, for a total contract period not to exceed three (3) years with opportunities for two 1-year renewals. Submittal information and response format may be obtained at no charge by contacting the City of Okeechobee Administration Office at City Hall, 55 SE 3`d Avenue, Okeechobee, Florida, by calling (863) 763-3372, via the City's website: www.ciiyofokeechobee.com. Firms desiring to provide the Professional Engineering & Surveying Services described above shall submit one (1) original, marked "ORIGINAL", six (6) copies, each marked "COPY", and one (1) electronic copy on a CD, PDF format preferred, of their proposals, containing all of the requested qualification data by , 2013. Submittals will be accepted by hand delivery in the Administration Office, City Hall, 55 SE 3`d Avenue, Okeechobee, Florida. Submittals sent by overnight delivery or by U.S. Mail must be sent to Administration Office, City Hall, 55 SE 3`d Avenue, Okeechobee, Florida 34974. Submittals received after that date and time will not be accepted or considered and will be returned to the firm unopened. Submittals will be opened as soon as practicable thereafter in the Administration Office, City Hall, and 55 SE 3`d Avenue, Okeechobee, Florida 34974. In compliance with the Americans with Disabilities Act (ADA), anyone desiring to attend this proposal opening who needs a special accommodation should contact the City's ADA coordinator at (863) xxx- xxxx-at least 48 hours in advance of the meeting, excluding Saturday and Sunday. Mail/Overnieht Bids to: Okeechobee City Hall Administration Office 55 SE 3rd Avenue Okeechobee, Florida 34974 Hand Deliver Bids to: Okeechobee City Hall Administration Office 55 SE 3rd Avenue Okeechobee, Florida 34974 Mark outside of envelope: RFQ#ADM 02-00-08-13 "Professional Engineering & Surveying Services" Publish Date: ,2013 Okeechobee City Council City of Okeechobee, Florida Mr. Brian Whitehall, City Administrator RFQ #ADM 02-00-08-13, Professional Engineering & Surveying Services I. General The City of Okeechobee is seeking qualified, experienced, licensed civil engineers to provide Professional Engineering & Surveying Services to the City of Okeechobee on an "as needed basis". The final negotiated contract will be a term agreement for an initial three (3) year period with the option of two (2) additional one (1) year renewals, upon the mutual agreement of the parties. At the option of the City, and upon the agreement of the Professional, this Contract may be converted to or replaced at any time with a "Continuing Services Contract" as that term is used in Section 287.055, et seq, Florida Statutes (CCNA). II. Scope of Services The individual or firm retained to provide Professional Engineering services shall work with the City Public Works Director or other City staff in advising the City and the City Council regarding Civil Engineering & Surveying Services. A general description of the scope of professional services required is, but not limited to, the following: A. Preparation of roadway location or alignment studies B. Preparation of roadway design C. Preparation of land acquisition documents D. Preparation of a hydrologic & hydraulic studies E. Preparation of storm drainage system design F. Preparation of new or retrofit storm water management design G. Preparation of floodplain studies H. Preparation and procurement of requisite environmental permits I. Performance of traffic counts J. Preparation of traffic studies and analysis K. Preparation of maintenance of traffic design L. Preparation of structural studies and design for bridges, culverts and retaining walls M. Preparation of construction documents N. Preparation of cost estimates O. Preparation of record drawings / as -built plans P. Review of plans, specifications and estimates developed by others. Q. Financial Analysis R. Presentation to the Council, staff, and the public of reports, plans, and exhibits S. Other customary Professional Civil Engineering &n Surveying Services Contact Person: Questions or requests for additional information shall be directed to Mr. Brian Whitehall, City Administrator, at (863) 763-3372, ext. 212, fax (863) 763-1686, or e-mail: bwhitehall(�cityofokeechobee.com. All questions and contacts must be made through the Administration Office. Attempts to lobby or persuade through other channels will result in disqualification. III. Selection Criteria The selection criteria will include the following: A. Professional Qualifications: Firm's and specific individual's relevant experience and expertise of at least five (5) years with other Florida municipalities and public entities demonstrating an understanding of the concepts, principles, and procedures of Professional Engineering & Surveying Services and its applicability to the City. B. Task Approach: Outline of proposed manner in which scope of work will be addressed. Approach shall demonstrate firm's capability to work within the City's budget and time constraints. Describe all quality control implementation procedures, sub -consultant supervision, contract compliance and enforcement of industry standards. Comment on firm's project schedules, budgets and adherence to 1n those items. Discuss ways to maintain schedules and ways to recover. Discuss cost control and value engineering. Describe any project management systems used to track and control project issues. Describe the communication procedures to be employed throughout the contract term and the plan to establish and maintain clear lines of communication with the City's Project Manager and City staff. C. Past Performance: Working relationships with the City of Okeechobee, other Florida Cities and/or Counties and other Florida municipalities and public entities. Include contact information and references. D. Familiarity: Familiarity with local conditions or an explanation of the firm's approach to become familiar quickly with local conditions. IV. Submittal Requirements: Firms interested in providing the required professional services shall submit one (1) original, marked "ORIGINAL", six (6) copies, each marked "COPY", and one (1) electronic copy (PDF format preferred) on a CD of the requested qualification data for evaluation. Submittals shall be clear, concise, indexed by subject, typed on letter size paper, font size shall be not less than 11-point (no limit on font size for footers and headers) and individually bound. Submittals shall be mailed or delivered in a sealed package clearly marked on the outside with the project name, invitation number, and due date. Packages must be received in the City of Okeechobee Administration Office by the advertised deadline. Each respondent should ensure that they have received any/all addenda and amendments to this RFQ before submitting their proposal. Respondents may check for any addenda by calling (863) 763-3372, via the City's website: www.cityofokeechobee.com. All addenda issued pursuant to this solicitation must be acknowledged and submitted as part of the proposal package. Failure to acknowledge addenda may result in the proposal being determined to be non -responsive. Delivery of a package to any City location other than the Administration Office does not constitute official receipt by the City. Any package delivered after the advertised deadline will not be considered. V. Proposal Format & Table of Contents Proposals shall be presented in the following format. Table Contents Title/ Description Maximum No. of Pa es Remark/ Clarification / Special Instructions Cover Sheet 1 A. Transmittal Letter 2 B. Qualification Data 2 C. Task Approach 3 D. Past Performance in Similar Activities in Florida 2 E. Organizational Chart 1 Letter or 11" x 17" format F. Familiarity 3 G. Location Map, of Prime Professional 1 H. Location Map, of Sub-consultant(s), if any 1 I. Resumes of Prime Professional 6 (3 team member, 2 pages perperson) J. Resumes of Subconsultants Professional 2 (1 team member per sub -consultant, 2 pages perperson) K. Insurance Clause 1 Prohibition Against Contingent Fees/Non- L. Collusion/Conflict of Interest Disclosure Statement 1 M. Letters of Reference 5 N. Standard Form 330 or 254/155 10 Submit Back Cover Sheet 1 Maximum No of pages 42-pages Addenda f required) on Tab A: Transmittal Letter: The transmittal or cover letter shall summarize in a brief and concise manner the professional's understanding of the scope of work and make a positive commitment to timely perform the work within budgetary requirements. An agent authorized to contractually bind the firm must sign the Letter of Transmittal indicating the agent's title or authority. This signature shall certify the veracity of the contents of the submittal and bind the firm to the firm's offer to provide services addresses in this response to the City of Okeechobee's Request for Expressions of Interest. The transmittal letter shall not exceed two (2) pages in length. Tab B: Qualification Data Firms shall provide a brief profile of their company, which should include their history, locations of their corporate and satellite offices, location(s) of their project team, corporate structure, ownership interest, and the length of company's existence. The firms shall also submit an organizational chart, staff qualifications, and experience of the firm. Resumes of proposed key personnel (name, company address, phone number, e-mail address) that will be assigned to this project shall include job skills, education, training, experience and professional affiliations/membership. All proposed sub - consultants shall be identified, and the working relationship between the respondent and the sub - consultant shall be explained. Sub -consultants shall also provide key personnel resumes. Standard forms 254 & 255 or Standard Form SF330 must be submitted. Provide a list of disciplines offered by firm, i.e. mechanical, electrical, hydrogeologic, traffic, land surveying, etc. The firm shall provide sufficient competent and qualified personnel to effectively carry out its responsibilities under the Basic Agreement. The firm shall utilize only competent personnel who are qualified by experience and education. The firm may not make changes in the personnel working on activities pursuant to the Basic Agreement without written concurrence of the City. Tab C: Task Approach Provide an outline of proposed manner in which scope of work will be addressed and the manner in which the approach shall demonstrate firm's capability to work within the City's budget and time constraints. Describe all quality control implementation procedures sub -consultant supervision, contract compliance and enforcement of industry standards. Comment on firm's project schedules, budgets and adherence to those items. Discuss ways to maintain schedules and ways to recover. Discuss cost control and value engineering. Describe any project management systems used to track and control project issues. Describe the communication procedures to be employed throughout the contract term and the plan to establish and maintain clear lines of communication with the City Project Manager and City staff. Tab D: Past Performance in similar activities in Florida. Provide a list of projects of similar nature within the past five years. Title and brief description of each project shall include: Client (contact person, address, telephone number) Year completed Nature of work involved in each project Total Value of the Project Tab E: Organizational Chart Provide an organization chart of the project team, include the person's title, years of experience and role within the team. The name(s) of the key personnel assigned to the City should be included on the Chart and a brief resume included in Tab I and Tab J. Tab F: Familiarity: Provide a description of the firm's familiarity with local conditions, community goals, etc., or provide a plan that outlines an explanation of the firm's approach to become familiar quickly with local conditions, community goals, etc. On Tab G: Location Map of Prime Professional Office(s) Provide a map showing the location(s) of the professional offices(s) that will serve the City. If multiple offices are listed provide the type of resources each office will be provided. This information should be noted on the map. Indicate the travel distance from each office. Tab H: Location Map of Sub -consultant Office(s) Provide a map showing the location of the sub-consultant(s) offices(s) that will serve the City through the Prime Professional. If multiple offices are listed provide the type of resources each office will be provided. This information should be noted on the map. Indicate the travel distance from each office. Tab I: Resume of Key Personnel from the Prime Professional Provide a two page resume of each key personnel to serve the City. Minimize the resume to a maximum of the three top employees that are anticipated to work directly with the City Administration and/or City staff. Tab J: Resume of Key Personnel from the Subconsultants Provide a two page resume of each key personnel to serve the City. Minimize the resume to a maximum of the one top employee from each Subconsultant that is anticipated to work directly through the prime Professional. If more than one resume is presented for each Subconsultants please explain that person(s) role within the team. Tab K: Insurance Provide a statement agreeing to obtain (prior to award) Professional Liability Insurance with coverage as detailed herein. A certificate of insurance indicating that the firm has coverage in accordance with the requirements herein set forth may be furnished by the firm to the City along with their qualification data. A properly completed Accord Form is preferable. The City of Okeechobee being named as additional insured for General Liability shall be required prior to entering into a contract. The Firm shall either cover any sub -consultants on its policy or require the sub -consultants to conform to all requirements for insurance contained herein. Tab L: Prohibition Against Contingent Fees/Non-Collusion/Conflict of Interest Disclosure Statements In accordance with Florida Statute 287.055(6)(a), the following statement must be included in each submittal: "The respondent warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the respondent to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the respondent any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this agreement." Include the following Statement of Non -Collusion: "The respondent certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, that in connection with this solicitation the information provided has been arrived at independently, without consultation, communication, or agreement with any other respondent or with any competitor for the purpose of restricting competition, or in any other way influencing the competitive arena." Include a disclosure statement advising the City of any potential conflict of interest, real or apparent, that the Respondent, employee, officer, or agent of the firm may have due to ownership, other clients, contracts or interests associated with this project. Signature on the transmittal letter shall certify the veracity of these statements. Tab O: Addenda (if applicable) All addenda issued pursuant to this solicitation must be acknowledged and submitted as part of the proposal package. Confidential Materials: The City of Okeechobee, Florida, is governed by the Public Record Law, Chapter 119, Florida Statutes (F.S.). Only trade secrets as defined in Section 812.081(1)(c), F.S. or financial statements required by the City for road or public works projects as defined in 119.07(6)(t), F.S. (hereinafter "Confidential Materials"), may be exempt from disclosure. If a respondent submits Confidential Materials, the information must be segregated and each pertinent page must be clearly labeled "confidential" or "trade secret." The City of Okeechobee gives no assurance as to the confidentiality of any portion of the response once submitted. It is the responsibility of the respondent to seek counsel and determine applicability of the statute to their particular circumstances prior to submittal of their package. VI. Evaluation of Proposals Proposals will be reviewed and evaluated as to qualification to perform the services required by a Selection Committee, which shall consist of City staff The Selection Committee will make a recommendation for award to the City Council. The City of Okeechobee reserves the right to select the most qualified individuals/firms; whom will serve the best interest of the City, from review of the packages submitted and request authorization to negotiate an agreement with the highest ranked individual/firm; or to interview the most qualified proposers prior to requesting authorization to negotiate an agreement with the highest ranked respondent(s). Individuals/firms will be notified in writing if they are selected for interview. Notices for interviews will contain explicit instructions concerning location, date, time and length of interviews. The City of Okeechobee reserves the right to request clarification on information submitted and to request additional information from one or more firms. VII. Terms and Conditions All prospective professionals are hereby cautioned not to contact any member of the Okeechobee City Council, the City Administrator, the City Attorney (except to discuss grievance matters) or any member of the selection committee. All questions and contacts must be made through the Administration Office. Attempts to lobby or persuade through other channels may result in disqualification. Any actual or prospective professional who disputes the reasonableness, necessity or competitiveness of the terms and conditions of this request for proposals; selection or award recommendation shall file such dispute in writing with the City Administrator, l2rior to the proposal closing date and time, as to the terms and conditions, and within ten (10) days of Council action as to the selection or award recommendation. The City reserves the right to reject any or all proposals without recourse, to waive technicalities and informalities or to accept the proposal(s) which in its sole judgment best serve the interest of the City. As required by FS Section 287.133; "A person or affiliate who has been placed on the convicted vendor list following conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or a Professional under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount as stated in FS Section 287.017, for Category Two, for a period of thirty six months from the date of being placed on the convicted vendor list." Questions regarding this statement should be directed to the State of Florida, Bureau of State Procurement (904) 488-8131. 0/ This invitation does not commit the City to award a contract. Nor shall the City be responsible for any cost or expense incurred by any respondent in preparing and submitting a reply, nor for any cost or expense incurred by any respondent prior to the execution of a contract agreement. The City reserves the right to require any or all respondents to appear for interviews and/or oral presentations at no cost to the City. VIII. Proposed Agreement The successful professional shall serve at the pleasure of the City Council. Please review the attached agreement and note any objections, or revisions that would be required by the professional within the submittal. Should no revisions be noted, the City will assume and the professional agrees that the terms and conditions of agreement are acceptable. The Master Agreement does not authorize the performance of any work or require the City to place orders for work. The City makes no covenant or promise as to the number of available projects or that the firm shall perform any project for the City during the life of the Master Agreement. IX. Forms/Attachments Attachment A: Standard Master Agreement Attachment B: Sample Project Authorization CM ATTACHMENT A PROPOSED NONEXLUSIVE PROFESSIONAL ENGINEERING AGREEMENT STANDARD "SHORT FORM AGREEMENT" BETWEEN CITY OF OKEECHOBEE AND PROFESSIONAL FOR PROFESSIONAL ENGINEERING & SURVEYING SERVICES PROJECT: Professional Consulting Engineering & Surveying Services PROFESSIONAL: AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, hereinafter "Contract," made and entered into the , 2013 by and between day of hereinafter referred to as "Professional" and the City of Okeechobee, Florida, a municipal corporation, 55 SE 3rd Avenue, Okeechobee, Florida 34974, hereinafter referred to as "City", for and in consideration of the following terms, conditions and covenants. I. PURPOSE OF AGREEMENT City intends to enter into a contract with Professional for provision of Professional Engineering & Surveying Services by the Professional and the payment for those services by City as set forth below. II. SCOPE OF SERVICES The Professional shall provide Professional Engineering & Surveying Services in all phases of any Project for which a PROJECT AUTHORIZATION has been issued by the City pursuant to this Agreement as hereinafter provided. These services will include serving as City's professional consulting representative for the Project, providing professional consulting consultation and advice and furnishing customary Civil Engineering & Surveying Services and customary services incidental thereto as described in the Project Authorization. The detailed scope of services to be performed and schedule of fees for those services shall be detailed in each Project Authorization. Section 1. Scope of Service Professional shall work with the City Administrator, City Attorney, City Public Works Director, or other City staff in advising the City and the City Council regarding Professional Engineering & Surveying Services. The services will be those customarily attendant to Civil Engineering & Surveying Services including, but not limited to the following: A. Preparation of roadway location or alignment studies B. Preparation of roadway design C. Preparation of land acquisition documents D. Preparation of a hydrologic & hydraulic studies E. Preparation of storm drainage system design F. Preparation of new or retrofit storm water management design G. Preparation of floodplain studies H. Preparation and procurement of requisite environmental permits I. Performance of traffic counts J. Preparation of traffic studies and analysis K. Preparation of maintenance of traffic design L. Preparation of structural studies and design for bridges, culverts and retaining walls M. Preparation of construction documents N. Preparation of cost estimates O. Presentation to the Council, staff, and the public of reports, plans, and exhibits P. Preparation of as -built plans Q. Review of plans, specifications and estimates developed by others R. Other customary Professional Civil Engineering Services III. AGREEMENT PROVISIONS Section 1. Period of Service 1.1 Term of Agreement Upon award of this Agreement, the effective date of this Agreement shall be the date of execution of this Agreement by both City and Professional. Term of this agreement shall be for an initial period of three (3) years with the option of two (2) additional one-year renewal periods, upon the mutual agreement of the parties. At the option of the City, and upon the agreement of the Professional, this Contract may be converted to or replaced at any time with a "Continuing Services Contract" as that term is used in Section 287.055, et seq, Florida Statutes (CCNA). 1.2 Project Authorization Each "Project Authorization" shall specify the Period of Service agreed to by the City and the Professional for services to be rendered under said "Project Authorization". Section 2. Compensation and Method of Payment 2.1 Fee Schedule CITY will compensate Professional for services under each Project Authorization. The fee due to the Professional shall be set forth in each Project Authorization and shall be in accordance with Professional's personnel hourly rate schedule formalized in "Exhibit C" to this Agreement. Professional's personnel hourly rate schedule may be updated annually prior to each optional renewal period. 2.2 Invoices Professional shall submit monthly invoices to the City no later than the last day of the month for work accomplished under this Contract. Each invoice shall be detailed and include, but not be limited to, hours worked by each person assigned to the Project, date worked and all ancillary expenses incurred and by whom. 2.3 Payment Payment for services rendered is due within thirty days of receipt and approval of invoice by City. Payment is delinquent 30 days following receipt and approval of invoice by City. Section 3. Reimbursable Expenses Professional shall be reimbursed only for approved out pocket expenses directly chargeable to the Project, at actual cost incurred. Reimbursable expenses will include travel, lodging and meals when traveling at the City's request and on the City's behalf. These expenses shall conform to rates and allowances set forth in Florida State Statute, Sec 112.061, regarding per diem and traveling expenses. Identifiable communication expenses, reproduction costs, and special accounting expenses not applicable to general overhead shall be reimbursed at actual cost. 'VAW� r✓ Section 4. Additional Services 4.1 Requests for Additional Services The undertaking by the Professional to perform professional services defined within this Contract extends only to those services specifically described herein. If upon the request of the City, the Professional agrees to perform additional services hereunder, the City shall pay the Professional for the performance of such additional services an amount (in addition to all other amounts payable under this Agreement) based on an hourly fee in accordance with Professional's current personnel fee schedule, plus reimbursable expenses so incurred by the Professional; unless a lump sum addendum to this Contract is executed by the parties to this Contract which addresses the additional services. 4.2 Changes in Scope/Conditions Additional Services shall include revisions to work previously performed that are required because of a change in the data or criteria furnished to the Professional, or a change in the scope of concept of the Project initiated by the City, or services that are required by changes in the requirements of public agencies, after work under this Contract has commenced. Section 5. Use of Documents 5.1 Ownership of Original Documents All deliverable analysis, reference data, survey data, plans and reports or any other form of written instrument or document that may result from the Professional's services or have been created during the course of the Professional's performance under this Contract shall become the property of and shall be delivered to the City after final payment is made to the Professional. Section 6. Termination 6.1 Termination for Convenience Either party upon a seven (7) day written notice to the other party may terminate this Contract. In the event of any termination, Professional shall be paid for all services rendered to the date of termination including all reimbursable expenses. Section 7. C1TY's Obligations 7.1 Data to be Furnished The City shall provide Professional with all data, studies, surveys, plats and all other pertinent information concerning the Project in the possession of the City upon request. 7.2 Designated Representative The Designated Representative of the City to act with authority on the City's behalf with respect to all aspects of the Project shall be identified in each Project Authorization. Section 8. Persons Bound by Agreement 8.1 Parties to the Agreement The persons bound by this Contract are the Professional and the City and their respective partners, successors, heirs, executors, administrators, assigns and other legal representative. 8.2 Assignment of Interest in Agreement This Contract and any interest associated with this Contract may not be assigned, sublet or transferred by either party without the prior written consent of the other party. Nothing contained herein shall be construed to prevent Professional from employing such independent Professionals, associates and subcontractors as Professional may deem appropriate to assist in the performance of the services hereunder. 8.3 Rights and Benefits Nothing herein shall be construed to give any rights or benefits arising from this Contract to anyone other than Professional and the City. Section 9. Indemnification of City Professional shall to the fullest extent allowed by law, defend, indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Professional and other persons employed or utilized by the Professional in the performance of the contract. Specific consideration for this indemnity is $10.00, the receipt and sufficiency of which are hereby acknowledged by Professional. Professional shall obtain, maintain and pay for general liability insurance coverage to insure the provisions of this paragraph. Section 10. Insurance. 10.1 Workers' Compensation The Professional shall procure and maintain, during the life of this Contract, Worker's Compensation insurance as required by Florida Statutes, Chapter 440 for all of employees of the Professional engaged in work on the Project under this Contract. 10.2 Insurance Policy Limits Professional shall procure and maintain insurance policies with at least the following coverage and amounts, during the life of this contract: 10.2.1: General Liability Insurance. In a combined single limit of $1,000,000.00 per occurrence, $2,000,000.00 aggregate. 10.2.2: Automobile Liability Insurance. In a combined single limit of $250,000.00 each occurrence. 10.2.3: Professional Liability or Errors and Omissions Insurance. In a combined single limit of $1,000,000.00 aggregate. 10.3Insurance Cancellation The Professional shall furnish to the City Certificates of Insurance allowing thirty (30) days notice for any change, cancellation, or non -renewal. If the insurance policies expire during the terms of the Contract, a renewal certificate or binder shall be filed with the City fifteen (15) days prior to the renewal date. 10.4City to be Named Additional Insured The plans and specifications and other contract documents to be prepared by Professional pursuant to this Contract shall require the insurance of liability of the person, firm or corporation which would, as contractor, perform the work described in such plans and specifications. The amounts of insurance shall be determined by the City. The City shall be named as "additional insured" with regard to the coverage of such policies of insurance. 10.5 Status of Claim. The Professional shall be responsible for keeping the City currently advised as to the status of any claims made for damages against the Professional resulting from services performed under this Contract. The Professional shall send notice of claims related to work under this Contract to the City. Copies of the notices shall be sent by fax, hand delivery or regular mail to: City Administrator, City of Okeechobee 55 SE 3rd Avenue Okeechobee, Florida 34974 Fax: (863) 763-1686 w... W4W Section 11. Professional Standards 11.1 Other Agreements This Section Not Used. 11.2 Approvals Not Guaranteed All work performed by Professional will be in accordance with the highest professional standards and in accordance with all applicable governmental regulations. However, Professional does not warrant or represent that any governmental approval will be obtained, only that the Professional will exercise its best efforts to obtain all such approvals contemplated under this Contract. 11.3 Governmental Regulations Professional shall assure that work performed under each Project Authorization shall be in accordance with all applicable governmental regulations. Section 12. Opinions of Cost Since the Professional has no control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding, or market conditions, any and all opinions as to costs rendered hereunder shall be made on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified Professional, familiar with the current market. The Professional cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost. If at any time the City wishes greater assurance as to the amount of any cost, the City shall employ an independent cost estimator to make such determination. Consulting services required to bring cost within any limitation established by the City will be paid for as additional services hereunder by the City. Section 13. General Conditions 13.1Venue in Okeechobee County Venue for any lawsuit to enforce the terms and obligations of this Contract shall he exclusively in the County Court or the Circuit Court in and for Okeechobee County, Florida. 13.2Laws of Florida The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida. 13.3Attorney's Fees and Costs In the event the Professional defaults in the performance of any of the terms, covenants and conditions of this Contract, the Professional agrees to pay all damages and costs incurred by the CITY in the enforcement of this Contract, including reasonable attorney's fees, court costs and all expenses, even if not taxable as court costs, including, without limitation, all such fees, costs and expenses incident to appeals incurred in such action or proceeding. 13AMediation as Condition Precedent to Litigation Prior to the initiation of any litigation by the parties concerning this Contract, and as a condition precedent to initiating any litigation, the parties agree to first seek resolution of the dispute through non -binding mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. The party shall, by mutual agreement, select a mediator within 15 days of the date of the request for mediation. If the parties cannot agree on the selection of a mediator then the CITY shall select the mediator who, if selected solely by the CITY, shall be a mediator certified by the Supreme Court of Florida. The mediator's fee shall be paid in equal shares by each party to the mediation. 13.5Contract Amendment No modification, amendment or alteration in the terms or conditions contained in this Contract shall be effective unless contained in a written documents executed with the same formality and of equal dignity herewith. No verbal agreement by the CITY or the City's representative identified herein shall be binding or enforceable against the CITY. Section 14. Exhibits The following Exhibits are attached to and made a part of this Contract: "Exhibit A" - "Proposal as Submitted by Professional and Accepted by City" "Exhibit B" - "Original Request for Proposal as Issued by City, including all Addenda" "Exhibit C" - "Professional's Personnel Hourly Rate Schedule." "Exhibit D" - "Insurance and Indemnification." IN WITNESS WHEREOF, the CITY and the Professional have made and executed this Contract the day and year first above written. ATTEST: CITY Lane Gamiotea James E. Kirk City Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS John R. Cook City Attorney WITNESSES: PROFESSIONAL (Signature) (Signature) (Signature) (Printed Name & Title) •Woo EXHIBIT A "PROPOSAL AS SUBMITTED BY PROFESSIONAL AND ACCEPTED BY THE CITY OF OKEECHOBEE" EXHIBIT B "ORIGINAL REQUEST FOR PROPOSAL AS ISSUED BY CITY" EXHIBIT C "PROFESSIONAL'S PERSONNEL HOURLY RATE SCHEDULE" EXHIBIT D "INSURANCE AND INDEMNIFICATION" VMW ATTACHMENT B "OW "SAMPLE" PROJECT AUTHORIZATION TO THE AGREEMENT FOR PROFESSIONAL ENGINEERING & SURVEYING SERVICES BETWEEN THE CITY OF OKEECHOBEE AND THE FIRM OF PROJECT DESCRIPTION: NAME OF PROJECT I. PURPOSE This is an attachment to the Standard Agreement for Professional Engineering Services dated XXXXX between the City of Okeechobee (CITY) and the firm of XXXXX. (PROFESSIONAL) and made a part thereof. The purpose of this Project Authorization is to specify the required services of the PROFESSIONAL to design xxxx, prepare Construction documents, provide Bidding Phase services, and to provide Construction Phase services for the Project Name. II. PROFESSIONAL'S SERVICES The PROFESSIONAL shall design xxxx, prepare Construction documents, provide Bidding Phase services, and Construction Phase services for the Project Name. III. GENERAL SCOPE OF WORK The PROFESSIONAL' services shall include, but not be limited to, the following items: A. TASK A: DESIGN AND PERMITTING 1. Data Collection 2. Analysis of xxxxxx 3. Design of xxxxx 4. Preparation of Technical Specifications 5. Monthly meetings with CITY staff 6. The PROFESSIONAL shall procure the necessary permits required for the items described in this Project Authorization. 7. Prepare minutes and agendas for all meetings and submit to the CITY. B. TASK B: CONSTRUCTION DOCUMENTS The PROFESSIONAL shall prepare complete Construction Drawings (100% drawings) and specifications for the work as described in III.A. (above). 2. Drawings shall be furnished to the CITY in reproducible form and to a satisfactory scale. They shall be accurate, legible, complete and suitable for bidding purposes. The PROFESSIONAL shall furnish, when requested, all necessary prints, sepias and other information during the design process, for review by the CITY, utility suppliers and other parties having jurisdiction and to fulfill requests by other government agencies and the public. The construction drawings must meet the following minimum plans and design documentation packaging requirements: a. Plan sets: b. Cover / Key Sheet c. Summary of Pay Items d. Reference Points e. Typical Sections f. Miscellaneous Detail Sheet 3. Based upon the final Construction Documents, the PROFESSIONAL shall prepare and submit an estimate of probable cost for construction. C. TASK C: BIDDING PHASE SERVICES The PROFESSIONAL shall: 1. Attend Pre -Bid Conference. 2. Prepare Pre -Bid Meeting Minutes. 3. Respond to questions during bidding, as needed. 4. Review bid submittals for compliance with the plans and specifications, and prepare a comparative bid analysis. 5. Make a recommendation for award based on bids received and reference checks. D. TASK D: CONSTRUCTION PHASE SERVICES 1. The PROFESSIONAL's responsibility to provide Construction Phase Services under this agreement commences with the award of each Contract for Construction and terminates at the earlier of the issuance by the CITY of the final Certificate for Payment or 30 days after the date of Substantial Completion of the Work, but may be extended. 2. The PROFESSIONAL shall attend and administer the preconstruction conference. 3. Visits to Site and Observation of Construction: In connection with observations of the work of Contractor(s) while it is in progress, PROFESSIONAL shall make visits to the site at intervals appropriate to the various stages of construction as PROFESSIONAL deems necessary in order to observe as an experienced and qualified design professional the progress of the various aspects of Contractor(s)' work. 4. Defective Work: During such visits and on the basis of such observations, PROFESSIONAL may disapprove or reject Contractor(s)' work while it is in progress if PROFESSIONAL believes that such work will not produce a completed PROJECT that conforms to the Contract Documents or that it will prejudice the integrity of the design concept of the PROJECT as reflected in the Contract Documents. 5. Interpretations and Clarifications: PROFESSIONAL shall issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change orders as required. 6. Shop Drawings: PROFESSIONAL shall review and approve (or take other appropriate action in respect of) Shop Drawings, samples and other data which Contractor(s) are required to submit, but only for conformance with the design concept of the PROJECT. 7. Substitutes: PROFESSIONAL shall evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor(s). 8. Inspections and Tests: PROFESSIONAL shall have authority, as City's representative, to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes orders or the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents). 9. Disputes between CITY and Contractor: PROFESSIONAL shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work there under and make decisions on all claims of CITY and Contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. 10. Applications for Payment: Based on PROFESSIONAL's on -site observations as an experienced and qualified design professional, and on review of applications for payments and the accompanying data and schedules: a. PROFESSIONAL shall verify the amounts owing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts. Such recommendations of payment will constitute a representation to CITY, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of PROFESSIONAL's knowledge, information and belief, the quality of such work is in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation). In the case of unit price work, PROFESSIONAL's verifications of payment will include determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents. 11. Contractor(s)' Completion Documents: PROFESSIONAL shall receive and review maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals which are to be assembled by Contractor(s) in accordance with the Contract Documents and shall transmit them to the CITY with written comments. 12. Inspections: PROFESSIONAL shall conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable to the CITY and other governing agencies so that PROFESSIONAL may recommend, in writing, final payment to Contractor(s) that the work is acceptable (subject to any conditions therein expressed). 13. Closeout: PROFESSIONAL shall provide assistance in the closing of any financial or related transaction for the PROJECT (project closeout book, summary of testing, rectifying change orders, final pay estimate, summary of Resident Project Representative (RPR) time, PROFESSIONAL and owner certification letter). 14. Record Drawings / As -Built Drawings: PROFESSIONAL shall prepare a set of Mylar record prints of Drawings (3 sets of prints and 1 CD) showing those changes made during the construction process, based on the marked -up prints, drawings and other data furnished by Contractor(s) to PROFESSIONAL and which PROFESSIONAL considers significant, including plan Update. IV. CITY RESPONSIBILITIES The CITY will provide specific data for project. V. WARRANTY The PROFESSIONAL warrants that the plans and specifications produced as a result of this contract are complete, correct and suitable for the purpose intended. VI. AMERICANS WITII*MISABILITIES " we The PROFESSIONAL shall ensure compliance with all applicable governmental accessibility standards, including without limitation those applicable under Section 35.151 CFR. VILDELIVERABLES The PROFESSIONAL shall supply 60%, 90%, and 100% Plans and Specifications to the CITY for review. Each draft submittal shall include two copies of the draft Plans and Specifications. The PROFESSIONAL shall submit to the CITY the final Plans and Specifications in the following amounts: 1. Unsealed Copy of Final Plans — 1 set 2. Sealed Copy of Final Plans — 1 set 3. Digital Copy of Final Plans — 1 copy 4. Unbound set of Technical Specifications — 1 set 5. Digital Copy of Technical Specifications —1 copy VIII. PLAN AND SPECIFICATIONS REPRODUCTION The PROFESSIONAL will provide two (2) sets of the plans and specifications for bidding purposes. One set is to be a signed and sealed record set. The cost of these sets is included in the design costs paid the PROFESSIONAL as compensation for services required under this Project Authorization. If additional sets of Construction Documents are required by the City, the PROFESSIONAL shall furnish such sets at cost. Payment for such additional sets shall be promptly made by the CITY, upon properly supported invoices, submitted by PROFESSIONAL. IX. PLANS AND DOCUMENT OWNERSHIP The original plans and specifications will become the property of the CITY upon completion of this Project. Computer systems (CADD) are to be used in the preparation of the construction plans; a copy of all electronic data and drawing files are to be submitted on CD media. These will utilize AutoCAD version 2010 software. If other software is used, it is to be translated to the aforementioned software. The supplied disks are to include all point and working files. X. SCHEDULES AND TIME CONSTRAINTS Within ten (10) days after receiving the Notice to Proceed, the PROFESSIONAL shall provide a schedule and an anticipated payment schedule. The total time allowed for the PROFESSIONAL's services required under this Project Authorization shall be XXXX (XX) months from the date of the Notice to Proceed. The construction documents shall be completed within XXX (X) months from the date of the Notice to Proceed. XI. COMPENSATION Payment for all services will be in accordance with the Standard Agreement for Civil Engineering Services. Total compensation shall, based on the man hours shown on Exhibit A, for all services, material, supplies and any other items or requirements necessary to complete the work as described herein to include actual salary costs, overhead and profit in an amount equal to 100% of actual salary cost and reimbursement of actual direct non -salary expenses shall not exceed XXXXXXXXXXXX dollars ($XXXX). Out of pocket expenses including postage, printing, copying and long distance telephone calls shall be billed as a reimbursable expense at the PROFESSIONAL's actual cost. Reimbursable expenses shall not exceed XXXXXXXXXXXX dollars ($XXXX); therefore total compensation for all work shall not exceed XXXXXXXXXXXX dollars ($XXXX). IN WITNESS WHERE the parties have made and executed this reement, the day and year first above written. PROFESSIONAL: FIRM (SEAL) (Signature) Corporate Officer Name & Title Date: ATTEST APPROVED AS TO COMPLIANCE WITH PURCHASING & CONTRACTS POLICIES AND PROCEDURES Date: Mr. Brian Whitehall, Contracts Administrator TECHNICAL PROVISIONS OF CONTRACT AND BUDGETARY REQUIREMENTS APPROVED Mr. Brian Whitehall, Contracts Administrator CITY OF OKEECHOBEE Date: Date: Mr. Brian Whitehall, Contracts Administrator APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF OKEECHOBEE CITY ONLY Date: John R. Cook, City Attorney CM EXHIBIT `A' Position Est. Hours Hourly Rate Total Fee Principal 42 hrs $195.00 $8,190.00 Project Manager 236 hrs $135.00 $31,860.00 CAD Technician 160 hrs $90.00 $14,400.00 Clerical 26 hrs $45.00 $1,170.00 Subconsultants Hydrogeologic $12,100.00 $12,100.00 Electrical $8,250.00 $8,250.00 Surveying $6,000.00 $6,000.00 Reimbursable $1,000 1 000 TOTAL COMPENSATION $82,970.00 The Updates! F r� ti from the City Administrator's Desk T SS SE 3rd Av., Okeechobee, FL 34974 7915° City Council meeting of July 16, 2013 State Senator Denise Grimsley and CAS Governemental Services on Agenda — Sen. Grimsley was instrumental in the City being awarded monies for the `storm water retrofit' cleanup project ($250k) grant. Expect Ken Grimes to give a brief legislative summary at the meeting. We have met w/ CAS, have been perfecting the project approach, and have learned that it will not be necessary to extend a $125k match as we proposed earlier. (attached Sen. Grimsley's Legislative bio herewith) Earlier in the year the City submitted two grant requests to our Legislators — One for the Commerce park for continued lake maintenance and the other for "storm water retrofit" (essentially canal cleanup). The City submitted these last year and the Governor eventually vetoed both. Legislative Delegations scheduled for October 4t" this year, will be meeting earlier this year, than last. Last year it was January 28, 2013. 1 will be working with the CAS group to develop an overview of issues and projects for your review prior to that date. S. Parrott Av landscaping project (Main St grant) — The City approved a September 25th, 2012, Resolution (#12-08) and passed the FDOT Agreement and Memo of Maintenance at the June 18t" meeting. I've spoken to Michael Schulte, FDOT Dist 1 Landscape Architect, and he clarified that the grant does include installation labor costs and wrote off Atty Cook's (and mine) concerns as semantics. I also confirmed that the City's ground maint reimbursement agreement w/ FDOT would be unaffected. Maureen Burroughs, Main St, handed me a quote of $11500 for the landscape design and said that the reduced grant would diminish that to about $7500... told her that the City will solicit quotes for services. Once Mr. Schulte, FDOT, approves the Agreement he will notify the city to proceed. _a RFQ for a consulting engineer — In light of the projects listed above, it's become necessary to solicit assistance from an engineer and it's probably overkill to make separate solicitations for each project (project engineer). Besides there have been a few other instances where engineering services could be of benefit and, as discussed at the time, the City hired a new Public Wks Director in lieu of an engineer. On the Agenda is a request for approval to solicit RFQs. In connection w/ the RFQs and inevitable approval of a consulting engineer, I expect all engineering expenses to be in accordance w/ the existing latitude afforded to the Administrator and staff, already provided for in the Code and as abbreviated below: Page 1 7116113 Activity Rpt Cont'd Purchasing/bidding policy conveyed to employees thru Admin memo: >Any equipment or contractual service over $7500 requires the formality of bid and City Council approval >On purchases from $500 to $7500 the City may "avoid" the formal bid process but should make every effort to get at least 3 proposals. >On purchases less than $500 for immediate purchase of supplies, etc., please follow our budgeting restrictions and appropriate purchase order policy. >>The only exceptions to the above are emergencies and Sole -source purchases Cattlemen's Assoc request for funding to refurbish the arena — Todd Clemons is on the Agenda appearing to make a presentation. Please see the enclosed, Exhibit, PowerPoint presentation that he will use in his presentation. As you're aware, the City discusses contributions (donations) as part of the budget process each year and I've attached the list that we normally refer to during that process. Pension IRS mandated changes — Atty Lee Dehner, Christiansen & Dehner, Sarasota, the pension plan attorneys, is on the Agenda to review any questions you may have on the 1st Rdg of Ordinances #1100, 1101, 1102. They pertain to IRS mandated modifications to the plan that must be made by September 30, to ensure the continuation of the Plan's tax qualified status. We've secured letters confirming the modifications will have no financial impact on the plan. Chamber semi-annual report incl Income Statement info — Terry Burroughs is on the Agenda and plans to present the report. Chamber windows — also on the Agenda, Mr. Burroughs will explain the Chamber Board's decision as to the Council's proposition to pay for one- half of the window installation. Assuming the Council approves the Chamber making payments on their 50% obligation, it appears that the City will be orchestrating the project, receiving bids, etc. The Chamber's estimated cost for the windows is $18,502, impact resistant, insulated and single hung. Police Dept windows on Agenda - while this project is not budgeted and was planned for next year, I thought it was practical to seek bids for the building as long as the City is doing it for the Chamber building. The Chief has solicited estimates for budgeting purposes and found two quotes of $14,850 to $18,598, impact resistant, insulated and single hung. Attached and listed as an exhibit is a narrative from Chief Davis along with a few pictures. CDBG Housing program — Attached please find a more comprehensive spreadsheet on the status of the housing rehab grant status. Budget summary: $560k-housing rehab; $105k admin; $35k occupant relocations. Huey ceremony 7/4/13 — As you are no doubt aware, the helicopter ceremony at the Vet's Park and the display at Okee-Tantie went great. There were great crowds for both events. The plan is to have the Huey permanently displayed, of course, on the north vacant pad in the Vet's Park and the City will be enlarging the pad to accommodate the helicopter. Page 2 7116113 Activity Rpt Cont'd Amtrak - CSX Depot — Councilman Watford and I met w/Amtrak reps, Todd Stennis and Anella Popo on 4124113. Amtrak still supports the City's efforts to refurbish the depot and pledged to contact State Legislators to express same. They indicated that the new kiosk should only strengthen the City's position and be nothing but compatible. As you recall, CSX had a contingency that Amtrak had to be a principal in any restoration/occupancy efforts. Building Dept / General Services: • Activity Reports for April, May & June are attached. • Fitness Center at former Rita Furniture location —. The biggest obstacle that confronted the 5116113 TRC was the lack of parking on the site plan. According to the staff report, 40 spaces are required but there are only 10 available on site. The TRC recommended to the City Council to approve the installation of an alternate parking lot to satisfy the parking requirements for the fitness center project, owned by CRCO Properties (Dr Bartel) but not without some reservations and contingencies. At the June City Council meeting, Steve Dobbs gained approval to utilize an alternate parking lot plan for the project. Mr. Dobbs has not been back to the TRC as of this date. • Planning Board / City Council Workshop scheduled for Thursday, 7/18/13 at 6:00PM. As you recall, the Planning Bd requested the conference to discuss the approach to creating/defining the 'H' zoning category. Planner Brisson has prepared a July 9th memo, which is enclosed in the packets, providing everything you were afraid to ask and more, including modifying/adding Code Sections 90-434 et.al. providing for a Holding (H) District. Commercial Corridor/Transitional overlay for future reference - The Planning Board discussed creating a commercial corridor and transitional overlay area ... as the City briefly discussed back in 2010 in connection w/the Comp Plan Evaluation and Appraisal Report (EAR). 1 distributed the map w/ my last report. The Board recommended the `corridor' but rejected the transitional areas which appeared to cause those residents in attendance much heartburn. • Planning Board 7/18/13 meeting agenda also includes approval of a 5- year capital improvement plan (included in packet as a 6/27/13 memo from Bill Brisson to the Planning Board) that is to replace the current Capital Improvement Element in the Comp Plan. Normally we only include those improvements that are part of the Public Facilities (gas Tax) Fund but I've added the grant related improvements this year as I've studied that some grant requirements stipulate that the improvement must be included in this instrument. • Okeechobee Asphalt rezone - As instructed at the last meeting, contacted Bob Gent, Okee Asphalt, w/ Bruce Snell's phone number and Mr. Gent said he would contact him accordingly. On the Council Agenda (Ord 1096, Zoning, 2"d Rdg), is Council consideration for Okeechobee Asphalt requested change to Industrial Zoning and Future Land Use (Ord 1098) of properties west of their current facility on NW 9th Street. Page 3 7116113 Activity Rpt Cont'd (Okee Asphalt discussion) Rec'd a copy of a 6/26/13 letter from the Economic Council advocating that the City approve the FLUM and zoning request and impugning Planner Brisson for inconsistency. I spoke to Mr. Brisson and he offered to write a response to their accusation pointed in his direction, but I discouraged the response in favor of seeing how the Council discussion went. If you wish to broach the subject then he'll be prepared. Ord #1099 Land Use near an airport and appointing a school representative to the Planning Board, to sit as a non -voting member when considering residential density is on the Agenda. Garbage rate schedule — I've met w/ Jeff Sabin, waste Mngt, a few times to discuss the rate schedule and expect to have all the information prior to the next meeting for passage of a Resolution. Will get it to you as soon as we have something. Finance: Activity report for June is attached. Safety award — On June 21st India attended the PRM property casualty conference and the City was awarded the safety award for small entity class (less than 100 employees)... it's added to the Agenda to recognize the award. Group Health Insurance — For informational purposes, attached is a copy of the minutes of the Public Risk Management (PRM) 6/21/13 Group Health Trust meeting but a better -personalized explanation is described in India's activity report, page 2. As you can see by the spreadsheet below, there's an increase of about $56/mo per employee. Health Insurance comparative cost from Blue Cross in 2008 to our current renewal rates. PRM AETNA BlueCross FY 2008 $ 440.08 FY 2009 $ 381.66 $ 669.77 FY 2010 $ 403.54 FY 2011 $ 415.87 $ 507.65 FY 2012 Current Plan $ 447.06 FY 2013 Current Plan $ 489.08 2014 Current Plan Renewal $ 545.56 The City is always placed in a bit of a crunch on receiving the premium information and approving same. India and I have been trying to analyze plan alternatives to present to you... similar plans/lower premium, etc. Page 4 7116113 Activity Rpt Cont'd (Finance) • Memo (Exhibit) from Finance Officer Riedel w/ proposed motions for the Agenda: 1. Budget millage maximum rate on Agenda — Each year the City (and all taxing agencies must approve a maximum tentative rate and normally the City calculates a rate that's one (1) mil plus the State calculated CPI factor which in this case totals 8.8765/$1000 AV. 2. Budget calendar is on the Agenda: 7/16/13 Set date/time for public hearings and set tent millage 8/20/13 Budget Workshop 5:OOPM 8/27/13 2"d budget Workshop 5:OOPM (if needed) 9/3/13 1st Pub Hearing 6:OOPM 9/17/13 Final Public Hearing 6:OOPM • Benefit fair coordinated by the Finance Dept — planned for 7/23/13 and 7/30/13 from 10am — 4pm in the Council Chambers. This is the event where health care, finance and retirement reps will be present to answer questions if you are a participant or to enroll you in a plan. Fire and Code Enforcement: Compliance Engine — Chief Smith has been working w/ the County Fire/Rescue to implement a better, more efficient inspection process. Attached, as an Exhibit to the Agenda, you'll find a brief explanation of the plan along with a flow chart describing the function of the parties involved, incl the business owner, fire contractor, the City and the web based clearinghouse `The Compliance Engine'. As noted in the memo, the fire contractor will be assessed the fee from the Compliance Engine (CE) service. The City's role will be to originally provide business information (from the BTR database) to create the CE database. Thereafter, the City Fire Dept will enter the equation in problem solving cases where the CE was unable to gain inspection compliance after due notice. We have a cpl of nusance properties that the City is waiting on Atty Cook for legal assistance: 1. Marguerite D'onofrio's 2-story dilapidated house at 400 SE 10t" Av. The consensus of the Code Board was that the nuisance needed to be abated by demolition. 2. Barbara Mills, 406 NW 5tt' St, grass/weeds overgrown yard, the Council voted 3/5/13 to take legal action for a court ordered inspection warrant to obtain access to the property so the City can clean it up. Then up to 45 days later, if not kept up place the foreclosure option in front of the City Council for consideration. Police: • Police Dept bldq windows are discussed earlier in the report. Public Works: • Cleveland Lamb 40 years w/ the City — I graduated from high school the same year that Cleveland started with the City. Page 5 7116113 Activity Rpt Cont'd (Public Works) Brian Padgett Workers Comp continuance - As the Code provides, and as you have previously done w/ Mr. Padgett, on the Agenda is a 90 day extension of benefits request which requires approval of the City Council. See Exhibit. • SR 70 (Applebee's) turn lane project — Bid opening date was Wed., July 10t" at 2pm. The City only rec'd two bids and it was explained during the mandatory pre -bid meeting (of which 5 contractors attended) held June 18t", that the Grant Agreement requires that at least three (3) bids be rec'd for the project prior to bid opening. Therefore, the bids were returned unopened and the contractors that didn't bid will be contacted and asked as to why they didn't bid. As I explained in the last report, there was a late stipulation imposed by FDOT that all work has to be done after 8:OOPM and before 6:OOAM. which could have had a negative impact on the bid. Attached find a new advertisement for bid opening on Aug 8t" at 2pm. • 441/70 intersection project — DPWks David & I met last Monday w/ FDOT project manager and ROW acquisitions reps to discuss a variety of issue. They supplied the city with a Utility Work Agreement that I had an issue with and they revoked it. However, the `cost to cure' construction related items, mentioned in a previous report were exhaustively discussed, which I explained to you before included such items as tree replacements, concrete, electrical, irrigation work, driveway and sod replacement and the Chamber sign. It was my intention to add a quitclaim deed to the agenda this week, but we are still trying to resolve the cost to cure issues. I think only then should we present these to the Council for approval. While the Hamrick Trust will receive compensation, FDOT wishes to also have a quitclaim deed from the City to assure FDOT ownership. The project appears to be on track to accept bids in late fall and commence construction in early 2014. • SW 21st Storm Sewer project funding — In June, 2012 the City approved a contribution of 50% of the County's unfunded portion of the grant, capped at $95,000. This April the City rec'd an invoice for $60,214.78, which at the time reflected a 50% payment of the County's 25% match ($120,429.56). According to the invoice explanation, this project was part of a bigger, $2.1 million project and federal funding availability for this project was reduced from $361,288 (75% of the proj cost total of $481,718) to $294,061... a $67,227 reduction from full funding. Therefore, the County match increased accordingly... from $120,429 (25% of the project) to $187.657. 50% of the County unfunded portion equals $93,828.50. 1 was aware at the time of the City motion that the County would be unable to apply the full 75% match to this project and the estimate of $95k was approved. • TS Chantal— has essentially dissolved. Not taking anything for granted, the Public Works dept devoted all crews to flood remediation, using backhoes etc on ditches, cleaning grates, etc. since Wednesday morning. The tropical depression forming right behind Chantal seems to have dissipated for the time being... guess it's that time of year. Page 6 7116113 Activity Rpt Cont'd (Public Works) End.... Butterfly park — Please take any opportunity you can to thank the Irbys for their continued interest in making this park weed free and for doing some extra plantings... certainly way above and beyond the call. Roundabout replacing signal at SW 5t`' A and S Park St — Culpepper and Terpening designed an artist's rendition of the roundabout potentially for SW Park & 5th Av. We will add to a coming agenda for discussion and whether to include it in the budget. SW 11rh Street 200-block retention area — finally appears to be getting underway. You may recall it's a CDBG categorized under `disaster relief — 2008' storm event, Tropical Storm Fay. There's $25, 000 allotted to the dry retention project, administered by the County and it appears the advertising will commence 515113 w/ a bid opening date of 614113. Enviro Tech Systems, 2800 S Parrott was the successful bidder on County projects amounting to some 787, 000 of which the 11 th St project is one of. At first glance, it appears to that the City project is less than $10,000. Park at Taylor creek, SE r St — Met w/ Don Fox, on 614113, to discuss grant possibilities and funds from the Florida Fish & Wildlife (FFW) Conservat'n. A formal application would be required in March 2014, but he mentioned FFW may have some funding avail w/out a formal grant application, such as trees/other domestic landscape. Page 7