2016-01-19CITY OF OKEECHOBEE
JANUARY 19, 2016, REGULAR CITY COUNCIL MEETING
55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974
SUMMARY OF COUNCIL ACTION
PAGE 1 OF 8
I AGENDA I COUNCIL. ACTION - DISCUSSION VOTE I
I. CALL TO ORDER — Mayor
January 19, 2016, City Council Regular Meeting, 6:00 P.M.
II. OPENING CEREMONIES
Invocation to be given by Nancy Vaughan, First United Methodist Church;
Pledge of Allegiance to be led by Mayor Kirk.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Mike O'Connor
Council Member Gary Ritter
Council Member Dowling R. Watford, Jr.
City Administrator Marcos MontesDeOca
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. PROCLAMATIONS AND PRESENTATIONS — Mayor
A. Proclaim the week of January 24 — 29, 2016 as "Children's Week."
Mayor Kirk called the January 19, 2016, Regular City Council meeting to order at 6:02 P.M.
In the absence of Ms. Vaughan, Director of Children's Ministry of the First United Methodist Church, Mr. Watford
offered the invocation; the Pledge of Allegiance was led by Mayor Kirk.
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Mayor Kirk presented and read the following proclamation to Mrs. Debbie Schooley: "WHEREAS, the 215t Annual
Children's Week celebrating parents and children will take place in Tallahassee from January 24, 2016 to January 29,
2016, bringing thousands of parents, children, professionals, policy makers, and community leaders together to
share valuable knowledge and information about children's issues across the state and in our capitol city; and
WHEREAS, the purpose of Children's Week is to create a shared vision of the State of Florida's commitment to its
children and families and to engage a long-term process to develop and implement strategies; and WHEREAS, the
Children's Week Committee has teamed up with statewide businesses and non-profit organizations, including the
Early Learning Coalition of Indian River, Martin and Okeechobee Counties, Camelot Community Care, Devereux CB,
Guardian ad Litem, and other local organizations to expand the network of community involvement on a wide array of
children and family issues at the local level. NOW, THEREFORE, 1, James E. Kirk, by virtue of the authority vested in
me as Mayor of the City of Okeechobee, Florida, do hereby proclaim January 24 - 29, 2016 as "Children's Week."
AGENDA
V. AGENDA - Mayor
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
VI. MINUTES — City Clerk
a) Motion to dispense with the reading and approve the Summary of Council
Action for the November 24, 2015, December 15, 2015, and January 5, 2016
Regular Meetings.
VII. WARRANT REGISTER - City Administrator
A. Motion to approve the December 2015 Warrant Register.
GeneralFund........................................................................$ 391,414.57
General Fund -Centennial Account ........................................$ 2,828.78
Public Facilities Improvement Fund .......................................$ 20,657.26
Capital Improvement Projects Fund ......................................$ 18,655.07
Appropriations Grant Fund ....................................................$ 4,500.00
VIII.OPEN PUBLIC HEARING FOR FINAL ADOPTION OF ORDINANCE — Mayor
A.1.a) Motion to read proposed Ordinance No. 1130 by title only, regarding Land
Development Regulation Text Amendments, Application No. 15-005-TA
Planning Board recommends approval — City Planning Consultant (Exhibit
1).
JANUARY 19, 2016 — REGULAR MEETING - PAGE 2 OF 8 499
COUNCIL ACTION -DISCUSSION —VOTE
Mayor Kirk asked whether there were any additions, deferrals, or withdrawals on today's agenda. As requested,
Mayor Kirk read the following letter into the record: "Mayor Kirk and City Council Members, as you all know, I
did get to experience a helicopter ride on January 12, due to [me] being trauma hawked after having a
stroke. Before landing at the hospital, I realized my City Family had just extended their hands to help me.1
would like to recognize three of our first responders that were responsible for having a hand in saving my
life./ know this is something these gentlemen do on a daily basis but 1 wanted to thank [them] personally for
doing (their] jobs and representing the City professionally. Those fellow City family members were Lt. Glenn
Hodges, Firefighter Mike Skipper, and Firefighter J.R. Wooten, as well as some support from our County's
EMS crew, Fire Medic Gwilt and Fire Medic Bridges. Again [I] thank [them] for [their] actions, prompt care
and again for the free helicopter ride to safety, signed Mike O'Connor.
Motion and second by Council Members Ritter and Chandler to dispense with the reading and approve the
Summary of Council Action for the regular meetings of November 24, 2015, December 15, 2015, and January 5,
2016. There was no discussion on this item.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
Motion and second by Council Members Watford and O'Connor to approve the December 2015 Warrant Register in
the amounts: General Fund, three hundred ninety-one thousand, four hundred fourteen dollars, and fifty-seven
cents ($391,414.57); General Fund -Centennial Account, two thousand, eight hundred twenty-eight dollars, and
seventy-eight cents ($2,828.78); Public Facilities Improvement Fund, twenty thousand, six hundred fifty-seven
dollars and twenty-six cents ($20,657.26); Capital Improvement Projects Fund, eighteen thousand, six hundred
fifty-five dollars and seven cents ($18,655.07); Appropriations Grant Fund, four thousand, five hundred dollars and
no cents ($4,500.00). There was no discussion on this item.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:11 P.M.
Council Member Watford moved to read proposed Ordinance No. 1130 by title only, regarding Land Development
Regulation Text Amendments, Application No. 15-005-TA; seconded by Council Member Ritter.
500
JANUARY 19, 2016 - REGULAR MEETING - PAGE 3 OF 8
VIII.LDR PUBLIC HEARING CONTINUED
A.1.b) Vote on motion to read by title only proposed Ordinance No. 1130.
c) City Attorney to read proposed Ordinance No. 1130 by title only
2.a) Motion to adopt Ordinance No. 1130.
b) Public comments and, discussion.
KIRK — YEA
RITTER — YEA
VOTE:
CHANDLER — YEA O'CONNOR — YEA
WATFORD — YEA MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 1130 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES,
SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS CHAPTER
66-GENERAL PROVISIONS TO INCLUDE A DEFINITION WITHIN SECTION 66-1 FOR YOUTH CENTER;
PROVIDING FOR AMENDMENTS TO CHAPTER 90-ZONING, ARTICLE III -DISTRICT AND DISTRICT
REGULATIONS, SPECIFICALLY. DIVISION 5-RESIDENTIAL MULTIPLE -FAMILY DISTRICT SECTION 90-193,
TO INCLUDE YOUTH CENTER AND RECOVERY CENTER/SOBER HOME WITHIN THE LIST OF SPECIAL
EXCEPTION USES; DIVISION 7-LIGHT COMMERCIAL DISTRICT SECTION 90-25Z TO INCLUDE
CONVENIENCE STORE WITHIN THE LIST OF PERMITTED USES AND SECTION 90-253, TO INCLUDE
ALCOHOL AND DRUG REHABILITATION CENTER/DETOX CENTER AND RECOVERY CENTER/SOBER HOME
WITHIN THE LIST OF SPECIAL EXCEPTION USES; DIVISION 8-HEAVY COMMERCIAL DISTRICT SECTION
90-28Z TO INCLUDE CONVENIENCE STORE AND INDOOR AUCTION HOUSE WITHIN THE LIST OF
PERMITTED USES AND SECTION 90-283, TO INCLUDE ALCOHOL AND DRUG REHABILITATION
CENTER/DETOX CENTER, INDOOR AUCTION CONVENIENCE STORE WITH FUEL PUMPS, RETAIL POOL
SUPPLIES AND EQUIPMENT, WATER TREATMENT SERVICES, AND PEST CONTROL (ALL INCLUDING
STORAGE OF CHEMICALS FOR USE AND/OR RETAIL SALE) WITHIN THE LIST OF SPECIAL EXCEPTION
USES; DIVISION 10-INDUSTRIAL DISTRICT, SECTION 90-34Z TO INCLUDE RETAIL POOL SUPPLIES AND
EQUIPMENT, WATER TREATMENT SERVICES, AND PEST CONTROL (ALL INCLUDING STORAGE OF
CHEMICALS FOR USE AND/OR RETAIL SALE) WITHIN THE LIST OF PERMITTED USES; PROVIDING FOR
AMENDMENTS TO CHAPTER 90-ZONING, ARTICLE IV SUPPLEMENTARY DISTRICT REGULATIONS,
DIVISION 3, OFF-STREET PARKING AND LOADING, SECTION 90-512-SPACE REGULATIONS, SUBSECTION
(2) COMMERCIAL USES, TO INCLUDE MINIMUM PARKING REQUIREMENTS FOR INDOOR AUCTION
HOUSES WITH AND WITHOUT FIXED SEATING, NAIL SALON, RETAIL SERVICE AND PERSONAL SERVICE;
AMENDING CHAPTER 90-ZONING, SECTIONS 90-105 AND 90-572 TO CORRECT A TYPOGRAPHICAL ERROR
AND INCORRECT REFERENCE, RESPECTIVELY; PROVIDING FOR CONFLICTS, PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." -
Motion and second by Council Members Chandler and O'Connor to adopt proposed Ordinance No. 1130.
Mayor Kirk asked whether there were any questions or comments from the public. There were none. Council
Member Watford clarified as discussed at first reading, Planning Staff confirmed this will meet the States
requirements to address sober homes appropriately. Also, businesses in operation, that do not meet these new
regulations, will be considered grandfathered-in.
Jo
JANUARY 19, 2016 - REGULAR MEETING - PAGE 4 OF 8
VIII.LDR PUBLIC HEARING CONTINUED
A.2.c) Vote on motion to adopt Ordinance No. 1130.
CLOSE PUBLIC HEARING - Mayor
IX. NEW BUSINESS
A.1.a) Motion to read proposed Ordinance No. 1131 by title only, and set
February 2, 2016, as final public hearing date regarding City of
Okeechobee Municipal Police Officers' Pension Trust Fund — City Attorney
(Exhibit 2).
b) Vote on motion to read by title only, and set final public hearing date.
c) City Attorney to read proposed Ordinance No. 1131 by title only
2.a) Motion to approve the first reading of proposed Ordinance No. 1131
b) Public comments and discussion.
c) Vote on motion.
KIRK — YEA
RITTER — YEA
VOTE:
CHANDLER — YEA O'CONNOR — YEA
WATFORD — YEA MOTION CARRIED.
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M.
Motion and second by Council Members Watford and Ritter to read proposed Ordinance No. 1131 by title only, and
set February 2, 2016, as final Public Hearing date regarding amendments to the City of Okeechobee Municipal Police
Officers' Pension Trust Fund.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
City Attorney Cook read proposed Ordinance No. 1131 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 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 8,
DISABILITY, AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15,
MAXIMUM PENSION; AMENDING SECTION 16, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING
SECTION 27, PRIOR POLICE SERVICE; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN;
ADDING SECTION 30, SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA BENEFITS; CHAPTER 185
SHARE ACCOUNTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE."
Motion and second by Council Members Chandler and O'Connor to approve the first reading of proposed Ordinance
No. 1131.
Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mayor Kirk
confirmed it would be appropriate for Council Member Watford to forward his questions via email to Pension
attorney Christiansen through Administrator MontesDeOca.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
56
JANUARY 19, 2016 - REGULAR MEETING - PAGE 5 OF 8
IX. NEW BUSINESS CONTINUED
B.1.a) Motion to read proposed Ordinance No. 1132 by title only, and set
February 2, 2016, as final public hearing date regarding City of
Okeechobee and Okeechobee Utility Authority Employees' Retirement
System — City Attorney (Exhibit 3).
b) Vote on motion to read by title only, and set final public hearing date.
c) City Attorney to read proposed Ordinance No. 1132 by title only
2.a) Motion to approve the first reading of proposed Ordinance No. 1132.
b) Public comments and discussion.
c) Vote on motion.
C.1.a) Motion to read proposed Ordinance No. 1133 by title only, and set
February 2, 2016, as final public hearing date regarding City of
Okeechobee Municipal Firefighters' Pension Fund — City Attorney (Exhibit
4).
Motion and second by Council Members Watford and Ritter to read proposed Ordinance No.1131 by title only, and
set February 2, 2016, as final Public Hearing date regarding City of Okeechobee (General Employees') and
Okeechobee Utility Authority Employees' Retirement System.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
City Attorney Cook read proposed Ordinance No. 1132 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 2, MEMBERSHIP;
AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY, AMENDING SECTION 8, DISABILITY,
AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 14, MAXIMUM PENSION;
AMENDING SECTION 15, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING SECTION 25,
REEMPLOYMENT AFTER RETIREMENT, AMENDING SECTION 27, PRIOR GOVERNMENT SERVICE;
AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
AND PROVIDING AN EFFECTIVE DATE."
Motion and second by Council Members Chandler and O'Connor to approve the first reading of proposed Ordinance
No. 1132.
Mayor Kirk asked whether there were any questions or comments from the public. There were none.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
Motion and second by Council Members Watford and Ritter to read proposed Ordinance No.1133 by title only, and
set February 2, 2016, as final Public Hearing date regarding City of Okeechobee Municipal Firefighters' Pension Fund.
C;
JANUARY 19, 2016 - REGULAR MEETING - PAGE 6 OF 8
IX. NEW BUSINESS CONTINUED
C.11) Vote on motion to read by title only, and set final public hearing date.
c) City Attorney to read proposed Ordinance No. 1133 by title only
2.a) Motion to approve the first reading of proposed Ordinance No. 1133
b) Public comments and discussion.
c) Vote on motion.
D. Motion to approve a request to add a Big Apple Pizza restaurant in the
Dunkin Donuts building - Al Zakhary and Steve Dobbs.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
City Attorney Cook read proposed Ordinance No. 1133 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE FURTHER AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION
FUND, ADOPTED PURSUANT TO ORDINANCE 889, AS SUBSEQUENTLYAMENDED; AMENDING SECTION 1,
DEFINITIONS; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 8,
DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15,
MAXIMUM PENSION; AMENDING SECTION 16, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING
SECTION 27, PRIOR FIRE SERVICE, AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN;
ADDING SECTION 30, SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA BENEFITS; CHAPTER 175
SHARE ACCOUNTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE."
Motion and second by Council Members Chandler and O'Connor to approve the first reading of proposed Ordinance
No. 1133.
Mayor Kirk asked whether there were any questions or comments from the public. There were none.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
The owner of Lots 7 to 9 of Block 153, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records,
Mr. Al Zakhary, (PMA of Okeechobee, Inc.) and Engineering Consultant, Mr. Steve Dobbs, addressed the Council to
request increasing"the parking reduction approval from 43 to 50 percent and approve adding a second restaurant
(such as a Big Apple Pizza franchise, that mostly serves take-out or delivery), to the existing Dunkin Donut facility
located at 205 East North Park Street.
Official action by the City Council at the February 3, 2015, meeting was as to approve a 43 percent parking reduction
(eight spaces), to utilize five parking spaces along the East side of Northeast 2nd Avenue, with the 17 off-street spaces
as recommended by the Technical Review Committee; and further, that the owner may request additional parking
directly to the City Council for any expansion or improvements that would result in additional parking requirements.
The approval was based on the following site plan criteria: 2,000 square feet (SF) for the restaurant, 400 SF for office
space, 300 SF for a play room, and 2,300 SF for storage, together requires 30 parking spaces. Using 300 SF for a
second restaurant will now require 34 parking spaces.
5
JANUARY 19, 2016 - REGULAR MEETING - PAGE 7 OF 8
IX. NEW BUSINESS CONTINUED
E.
Motion to approve a request to add a Big Apple Pizza restaurant in the
Dunkin Donuts building continued.
Motion to ratify approval of the Application for Funding Assistance,
Application No. 2016-JAGD-1752, OCPD Crime Scene Camera
Acquisition Project — City Police Chief (Exhibit 5).
Mr. Zakhary distributed a handout listing daily sales records for his Dunkin Donuts on a Monday, Thursday and
Saturday to substantiate his position to add the second restaurant in order to boost sales after 11:00 A.M. It will have
its own separate entrance, cash register kiosk, counter and food warmer. The drive-thru will remain strictly for Dunkin
Donuts menu and transactions only.
The discussion then turned to the traffic issues from 5:00 to 11:00 A.M. related to the drive-thru line wait time. Mr.
Zakhary explained he is aware of the problem, and is required by Dunkin Donuts to meet their franchise standards
(copy of their brand timing standards and targets included in handout). He has discussed methods to resolve the
issues with Dunkin's Corporation representative. Some of the solutions recently put in place are they recently added
an internal expeditor, hired a new manager, and new crew, who are being trained on the Dunkin standards. Additional
solutions he is in the process of implementing are adding an outside expeditor, purchasing a double toaster oven and
double sided sandwich station.
The Council offered their appreciation of the new business but stressed the importance of fixing the problem areas, as
they have been receiving complaints from neighboring businesses. Council Member Watford made a motion to
approve a change in the parking reduction from 43 to 50 percent (13 spaces) for the addition of a pizza
restaurant (located at the previously stated site); seconded by Council Member Chandler. Attorney Cook
conveyed to Mr. Dobbs, an agreement would have to be initiated should parking with adjoining areas be necessary.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — NO
RITTER — YEA WATFORD — YEA MOTION CARRIED.
Motion and second by Council Members Watford and Ritter to ratify the approval to submit Application for Funding
Assistance No. 2016-JAGD-1752, OCPD Crime Scene Camera Acquisition Project.
This grant is for Federal Fiscal Year 2015, specifically for period of February 1, 2016 through June 30, 2016. The
Florida Department of Law Enforcement has allocated funds in the amount of one thousand, seven hundred
ninety-one dollars ($1,791.00), for the City. The application was submitted to comply with deadlines for three crime
scene digital cameras.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
J C1J
JANUARY 19, 2016 - REGULAR MEETING - PAGE 8 OF 8
IX. NEW BUSINESS CONTINUED
F. Motion to appoint the Employee Grievance Committee, term being
January 20, 2016, through January 31, 2018, or until their successor is
appointed — City Clerk (Exhibit 6).
X. ADJOURNMENT — Mayor
Please take notice and be advised that when a person decides to appeal any decision made
by the City Council with respect to any matter considered at this meeting, he/she may need to
insure that a verbatim record of the proceeding is made, which record includes the testimony
and evidence upon which the appeal is to be based. Cit rk me is are for the sole purpose
of backup for official records of the Clerk.
James E. Kirk, Mayor
A T T:
Lane amiotea, CMC City Clerk
Motion and second by Council Members Watford and Ritter to appoint the Employee Grievance Committee, term
being January 20, 2016, through January 31, 2018, or until their successor is appointed: Fire Department, Phil
Conroy (Member), Adam Crum (Alternate); Public Works Department, Cody Rodriguez (Member), Marvin Roberts
(Alternate); Finance Department, Melissa Henry (Member), Kim Barnes (Alternate); Administration and General
Services Departments and the Office of the City Clerk, Robin Brock (Member), Jackie Dunham (Alternate); and Police
Department, Jack Boon (Member), Danny Green (Alternate). The Council appreciated their willingness to serve.
KIRK — YEA
RITTER — YEA
VOTE:
CHANDLER — YEA O'CONNOR — YEA
WATFORD — YEA MOTION CARRIED.
There being no further discussion, nor items on the agenda, Mayor Kirk adjourned the meeting at 7:07 P.M. The
next Regular Meeting will be February 2, 2016.
ANDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
F,lsken, who on oath says she is the 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 arc-r'-�
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
Afiiant 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 further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken
Sworn to andgib,cribed b fore me this
day of AD
Notary Public, State of Florida at Large
ANGIE BRIDGES
MY COMMISSION # EE 177653
EXPIRES: April 20, 2016
Bonded Thru Notary Public Underwriters
VAIIIIIIIIe -5ln10) 301i - W edi 4�
mA�'Ie
Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
PUBLIC NOTICE
CITY COUNCIL MEETING
ICE IS HEREBY GIVEN that the City Council for the City of Okeecho
Nill conduct a regular meeting on
Tues, ]an 19, 2016, 6 PM, or ai
thereafter as possible, at Cttv Hall, 55 SE 3rd Ave, Rm 200, Okeecho
FL. The public is Invited and encouraged to attend. The agenda mal
rtained from dtyofokeechobee.com or by calling the office of the Gty
7istrator, 863-763-3372 x212. .
PERSON DECIDING TO APPEAL any decision made by the City
;il with respect to any matter considered at this meeting will need to
e a verbatim record of the proceeding is made and the record includes
st mony and evidence upon which the appeal will be based. In accor-
with the. Americans with Disabilities Act (ADA), any person with a
lity as defined by the ADA, that needs special accommodation to par-
e m this proceeding, contact the City Clerk's Office no later than two
?ss days prior to proceeding, 863-763-3372.
BE ADVISED that should you intend to show any document, picture, video
or items to the Council in support or opposition to any item on the agenda;
a top of the document, picture, video, or item MUST be provided to the
City Clerk for the City's records.
By: Mayor James E. Kirk
CITY OF OKEECHOBEE
55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974
JANUARY 19, 2016
REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
47v ?)" v/,,v- ?�- �� PAGE 1 OF 4
I. CALL TO ORDER - Mayor: January 19, 2016, City Council Regular Meeting, 6:00 p.m.
W
II. OPENING CEREMONIES: Invocation given by Uan4-Veughen, h;
Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk
Mayor James E. Kirk z/
Council Member Noel Chandler✓
Council Member Mike O'Connor,✓
Council Member Gary Ritter r✓
Council Member Dowling R. Watford, Jr. ,✓
City Administrator Marcos Montes De Oca ✓
City Attorney John R. Cook,
City Clerk Lane Gamiotea
Deputy Clerk Melisa Jahner v-,
Police Chief Denny Davis
Fire Chief Herb Smith ,✓
Public Works Director David Allen ✓
IV. PROCLAMATIONS AND PRESENTATIONS - Mayor
l�%t'c CtS� rf cE�`✓.
A. Proclaim the week of January 24 — 29, 2016 as "Children's Week"
LQ.-(7�-►" Y(' GL.I.Q _ 1 �`-�e' l-f' L`�'l t�� T 7�' .rvi �'� � }'i( � � Cat r1 ��✓`
V. AGENDA - Mayor
A. Requests for the addition, deferral or withdrawal of items on today's agenda. Y )U-
VI. MINUTES — City Clerk
A. Motion to dispense with the reading and approve the Summary of Council Action for the November 24, 2015, December 15, 2015, and January 5, 2016
Regular Meetings. �� ��G ,fly - ( A.
'V �'
VII. WARRANT REGISTER - ' A k4 : tl. t�k., k.k, S
A. Motion to approve the December 2015 Warrant Register — City Administrator h JI-rt,m
General Fund $391,414.57
General Fund (Centennial) $ 2,828.78
Public Facilities Improvement Fund $ 20,657.26
Capital Improvement Projects Fund $18,655.07
Appropriations Grant Fund $ 4,500.00 >
Vill. OPEN PUBLIC HEARING FOR FINAL ADOPTION OF ORDINANCE—,
A.1.a) Motion to read proposed Ordinance No. 1130 by title only regarding Land Develo ment Regulation Text Amendments, Application No. 15-005-TA —
Planning Board recommends approval - City Planning Consultant (Exhibit 1). Z7 ett
b) Vote on motion to read by title only. jr u�_k_ 0_�ttik
c) City Attorney to read proposed Ordinance No. 1130 by title only.
2.a) Motion to adopt Ordinance No. 1130. pG/ PLb
b) Public comments and discussion. u,�}c cat L L/
c) Vote on motion. t,(�U °
CLOSE PUBLIC HEARING'°w �.
L
January 19, 2016 PAGE 2 of 4
f
IX. NEW BUSINESS
A.1.a) Motion to read proposed Ordinance No. 1131 by title only and set February 2, 2016 as final public hearing date regarding City of Okeechobee
Municipal Police Officer's Pension Trust Fund — City Attorney (Exhibit 2).
b) Vote on motion to read by title only and set final public hearing date.k 9 bj� C '�)
c) City Attorney to read proposed Ordinance No.1131 by title only.
2.a) Motion to approve the first reading of proposed Ordinance No. 1131.�'j
Iry
b) Public comments and discussion.
c) Vote on motion. q�L CAU
B.1.a) Motion to read proposed Ordinance No. 1132 by title only and set February 2, 2016 as final public hearing date regarding City of Okeechobee and
Okeechobee Utility Authority Employees' Retirement System — City Attorney (Exhibit 3).
b) Vote on motion to read by title only and set final public hearing date. ��,� ,u ��I✓
c) City Attorney to read proposed Ordinance No. 1132 by title only.
2.a) Motion to approve the first reading of proposed Ordinance, No. 1132.
b) Public comments and discussion. /,tl Pw
c) Vote on motion. /rC�,��u
C.1.a) Motion to read proposed Ordinance No. 1133 by title only and set February 2, 2016 as final public hearing date regarding City of Okeechobee Municipal
Firefighters' Pension Fund — City Attorney (Exhibit 4). 4WD &,k
b) Vote on motion to read by title only and set final public hearing date. 10-C&6u
c) City Attorney to read proposed Ordinance No. 1133.
January 19, 2016 PAGE 3 of 4
January 19, 2016 PAGE 4 of 4
IX. NEW BUSINESS CONTINUED
C.2.a) Motion to approve the first reading of proposed Ordinance No.1133.
b) Public comments and discussion.
c) Vote on motion. %�� ��,
D. Motion to approve a request to add4aB pple Pizza restaurant in the Dunkin D nuts buildigl Zakhary and Steve DobbsA&� . - � °Motion to ratify approval o tf he Appn for Funding Assistance, Application No. 2016-JAGD-1752, OCPD Crime Scene Camera Acquisition Project -
City Police Chief (Exhibit 5). AOZ�4 e4 1- ,4Ant
F. Motion to appoint the Employee Grievance Committee, term being January 20, 2016 through January 31, 2018, or until their successor is appointed -
City Clerk (Exhibit 6). �,Go"
X. ADJOURN MEETINGAn
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17:1q
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 proceeding, and for such purpose may need to ensure 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 recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with
Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later
than two business days prior to proceeding, 863-763-3372.
BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture,
video, or item must be provided to the City Clerk for the City's records.
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w REAS, the 21st Annual Children's Week celebrating parents and children will take place in- 5.
Tallahassee from January 24, 2016 to January 29, 2016, bringing thousands of parents, children,
= professionals, policy makers, and community leaders together to share valuable knowledge and
.., information about children's issues across the state and in our Capitol City; and
1%1xHEREAS, the purpose of Children"s Week is to create a shared vision of the State of Florida's
commitment to its children and families and to engage a long-term process to develop and
implement strategies; and
WHEREAS, the Children's Week Committee has teamed up with statewide businesses and non-profit
organizations, including the Early Learning Coalition of Indian River, Martin and Okeechobee
Counties, Camelot Community Care, Devereux Community Based Care, Guardian ad Litem, and
oe other local organizations to expand the network of community involvement on a wide array of
children and family issues at the local level.
NOW, THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of
Okeechobee, Florida, do hereby proclaim January 24 - 29, 2016 as "Children's Week."
In witness whereof, on January 19, 2015, I have
se y nd and caused this seal to be affixed
James E. Kirk, Mayor
Attest:
' Lane Gan0otea, CMC, City Clerk
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City of Okeechobee
January 19, 2016
Mayor Kirk and City Council Members,
As you all know, I did get to experience a helicopter ride on January 12,
due to my being trauma hawked after having a stroke. Before landing at the
hospital, I realized my City Family had just extended their hands to help
me.
I would like to recognize three of our first responders that were responsible
for having a hand in saving my life. I know this is something these
gentlemen do on a daily basis but I wanted to thank you personally for
doing your jobs and representing the City professionally.
Those fellow City family members were Lt. Glenn Hodges, Firefighter Mike
Skipper, and Firefighter J.R. Wooten, as well as some support from our
County's EMS crew, Fire Medic Gwilt and Fire Medic Bridges.
Again thank you for your actions, prompt care and again for the free
helicopter ride to safety.
Sincerely,
- - - 0
Mike O'Connor
Councilman
CC- Administrator Montes De Oca
Lt. Hodges
Firefighter Skipper
Firefighter Wooten
55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686
Planning
VVAOI
Exhibit 1
Jan 19, 2016
& Management Services, Inc.
Memorandum
To: Mayor and City Council
From: Bill Brisson, AICP
Sr. Planner, LaRue Planning & Management Services, Inc.
Date: December 28, 2015
Subject: Explanation of changes proposed in 15-005-TA
The following provides explanations for each of the proposed changes to the LDRs contained in
the proposed ordinance associated with for the City -initiated text amendment 15-005-TA. The
Planning Board, sitting as the LPA unanimously recommended approval at its last meeting.
1. Youth center: We have suggested a definition for youth center. While we recognize that
a "youth center" could be considered to fall within the definition of a "community center"
the special requirement for a community center would severely limit the opportunities for
the small scale youth center. For example, while a community center is allowed as a
Special exception use in the RSF 1, RSF 2, RMF, and RMH zoning district, the minimum
parcel size is 20,000 square feet. It is our impression that this category of use anticipated
the type of community center that might be associated with a residential subdivision,
mobile home subdivision or a larger multi -family project. The definition we suggest would
allow for the smaller scale facilities that have been associated with the recent inquiries.
The proposed definition for a youth center is as follows:
"Youth center means a social and recreational center providing supervision
and opportunities for youth to develop their physical, social, emotional, and
cognitive abilities and to experience achievement, leadership, enjoyment,
friendship, and recognition. They typically offer organized instructional
programs for physical activities, academic and arts programs as well as
opportunities for unstructured activities such as game playing, socializing,
club meetings, and outdoor play."
We also propose that a Youth center be a Special exception use in the RMF District.
2. Recovery Center/sober home: In February, 2015 we added a definition for this term to
the LDC, but did not identify where this use should be allowed. The definition is:
"Recovery center/sober home means a facility, used by addicts recovering
from substance abuse, which serves as an interim environment between
rehabilitation and a return to their former lives. These facilities provide a
Providing Planning and Management Solutions for Local Governments Since 1988
1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239 ')34-3366 wwwAarueplanning.com
'Wrl'' 11111111110
safe and supportive place in which people can live while they are in
recovery and are primarily meant to provide housing for people who have
just come out of rehabilitation (or recovery centers) and need a place to live
that is structured and supporting for those in recovery. A recovery center/
sober home is not a group home because it is not licensed by a state or
federal agency."
We are proposing that a Recovery center/sober home be allowed in the RMF and CLT
District as a Special exception use. This would largely avoid placing such facilities in close
proximity to bars and lounges which are most likely to be located in the CHV District.
3. Convenience store and Indoor auction house: In February, 2015 we added definitions
for these terms to the LDC, but did not identify where these uses should be allowed. The
definitions are:
"Convenience store means a retail establishment offering for sale pre-
packaged food products, beverages, household items, newspapers and
magazines, sandwiches and other freshly prepared foods for consumption
off the premises."
"Auction house (indoor) means an establishment where objects of art,
furniture, and other goods are offered for sale to persons who bid on the
object in competition with each other. This definition does not include out-
door or open-air auctions where vehicles, farm and construction equipment
and the like are auctioned."
We are proposing that Convenience store be allowed as a Permitted use in both the CLT
and CHV Districts and that Indoor Auction house be allowed as a Permitted use in the
CHV District.
4. Alcohol & drug rehabilitation center/detox center: In February, 2015 we added a
definition for this term to the LDC, but did not identify where this use should be allowed.
The definition is:
"Alcohol and drug rehabilitation center/detox center means a facility provid-
ing an active rehabilitation treatment program run throughout the day,
where the residents receive intensive individual and group counseling for
their substance abuse. Residents typically stay for one to six months."
We are proposing that Alcohol and drug rehabilitation center/detox center be allowed as a
Special exception use in the CLT and CHV Districts.
5. Convenience store with fuel pumps: In February, 2015 we added a definition for this
term to the LDC, but did not identify where this use should be allowed. The definition is:
"Convenience store with fuel pumps means a convenience store providing
motor vehicle fuels and which may also stock within the principal structure
and offer for sale prepackaged motor oil and other small prepackaged auto-
motive -related accessories."
We are proposing that Convenience store with fuel pumps be allowed as a Special
exception use in the CHV District.
2
Serving Florida Local Governments Since 1988
6. Retail pool supplies and equipment, water treatment services, and pest control (all
including storage of chemicals for use and/or retail sale: There have been a few
inquiries concerning where and how these types of uses are allowed in the City. Each of
these uses is essentially a retail use, but involves the storage and sale of chemicals. We
are proposing that this use category be allowed as a Special exception in the CHV District
and as a Permitted use in the I (Industrial) District. It should be noted that the storage of
chemicals on site is limited to use on the premises or for retail sale directly to the ultimate
consumer. This category does not permit bulk storage, which is storage for resale to
distributors or retail dealers.
7. Parking requirements: Most of the new uses that have been added fall within one or
another of the general categories of use for which parking standards have been provided
in Section 90-512.-However in some instances, specific parking requirements or clarifi-
cation of existing requirements are needed. Each of the changes to the parking require-
ments are briefly explained below:
(a) There has been confusion in the past as to how to treat retail service and personal
service use. They should have the same parking requirements as retail use unless
the service provided relies on stations, chairs or beds such as barber shops, beauty
shops and nail salons. This is the basis for including the phrase "except as may
otherwise be specifically identified in this section". It is also why "nail salon" has
been added to the parking standard applying to barber and beauty shops.
(b) Indoor auction house is a newly listed use and is proposed to have the same parking
requirement as another place of assembly — storefront churches. Therefore, the
term "auction house (indoor)" has simply been added to those parts of Sec. 90-512
dealing with the parking requirement for storefront churches. This also ties in with
the method employed by the Fire Department in calculating allowable occupancy of
an assembly area.
8. Corrections of typographical errors and misplaced references. These changes are
self-explanatory in the proposed ordinance.
Serving Florida Local Governments Since 1988
ORDINANCE NO. 1130
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,
PROVIDING FOR AMENDMENTS TO PART 11 OF THE CODE OF
ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS;
PROVIDING FOR AMENDMENTS CHAPTER 66-GENERAL PROVISIONS
TO INCLUDE A DEFINITION WITHIN SECTION 66-1 FOR YOUTH
CENTER; PROVIDING FOR AMENDMENTS TO CHAPTER 90-ZONING,
ARTICLE III -DISTRICT AND DISTRICT REGULATIONS, SPECIFICALLY:
DIVISION 5-RESIDENTIAL MULTIPLE -FAMILY DISTRICT SECTION 90-
193, TO INCLUDE YOUTH CENTER AND RECOVERY CENTER/SOBER
HOME WITHIN THE LIST OF SPECIAL EXCEPTION USES; DIVISION 7-
LIGHT COMMERCIAL DISTRICT SECTION 90-252, TO INCLUDE
CONVENIENCE STORE WITHIN THE LIST OF PERMITTED USES AND
SECTION 90-253, TO INCLUDE ALCOHOL AND DRUG REHABILITATION
CENTER/DETOX CENTER AND RECOVERY CENTER/SOBER HOME
WITHIN THE LIST OF SPECIAL EXCEPTION USES; DIVISION 8-HEAVY
COMMERCIAL DISTRICT SECTION 90-282, TO INCLUDE CONVENIENCE
STORE AND INDOOR AUCTION HOUSE WITHIN THE LIST OF
PERMITTED USES AND SECTION 90-283, TO INCLUDE ALCOHOL AND
DRUG REHABILITATION CENTERIDETOX CENTER, INDOOR AUCTION
CONVENIENCE STORE WITH FUEL PUMPS, RETAIL POOL SUPPLIES
AND EQUIPMENT, WATER TREATMENT SERVICES, AND PEST
CONTROL (ALL INCLUDING STORAGE OF CHEMICALS FOR USE
AND/OR RETAIL SALE) WITHIN THE LIST OF SPECIAL EXCEPTION
USES; DIVISION 10-INDUSTRIAL DISTRICT, SECTION 90-342, TO
INCLUDE RETAIL POOL SUPPLIES AND EQUIPMENT, WATER
TREATMENT SERVICES, AND PEST CONTROL (ALL INCLUDING
STORAGE OF CHEMICALS FOR USE AND/OR RETAIL SALE) WITHIN
THE LIST OF PERMITTED USES; PROVIDING FOR AMENDMENTS TO
CHAPTER 90-ZONING, ARTICLE IV SUPPLEMENTARY DISTRICT
REGULATIONS, DIVISION 3, OFF-STREET PARKING AND LOADING,
SECTION 90-512-SPACE REGULATIONS, SUBSECTION (2)
COMMERCIAL USES, TO INCLUDE MINIMUM PARKING
REQUIREMENTS FOR INDOOR AUCTION HOUSES WITH AND WITHOUT
FIXED SEATING, NAIL SALON, RETAIL SERVICE AND PERSONAL
SERVICE; AMENDING CHAPTER 90-ZONING, SECTIONS 90-105 AND
90-572 TO CORRECT A TYPOGRAPHICAL ERROR AND INCORRECT
REFERENCE, RESPECTIVELY; PROVIDING FOR CONFLICTS,
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance
Number 716, as amended, known as the Land Development Regulations; and
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of
its ordinances and land development regulations in order to address certain
inconsistencies or outdated regulations contained in the codes; to make
amendments to meet changing community standards, or to accommodate new
development; and to create new ordinance or regulation to better serve the public
and to make the code a more consistent and easier to understand document; and
WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local
Planning Agency, reviewed and discussed the proposed amendments, also known
as Land Development Regulation Text Amendment Application No.15-005-TA, at a
duly advertised Public Hearing held on November 19, 2015, and based on findings
of fact by the Planning Staff, hereby recommends certain changes, amendments or
modifications to the Code of Ordinances, to present to the City Council for
Ordinance No.1130 - Page 1 of 7
Language to be added is underlined.
Language to be deleted is sWGt 11;Feugh.
ordinance adoption and codification; and
WHEREAS, the City Council for the City of Okeechobee, Florida, considered the
recommendations by the Planning Board and concludes that enacting such
amendments to be in the best interest of its citizens of said City, that said
amendments are necessary and appropriate to make the Land Development
Regulations more consistent and responsive to the needs of the City and its
citizens.
NOW, THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the
City Council; and properly executed by the Mayor or designee, as Chief Presiding
Officer for the City:
SECTION 1: Amendment and Adoption to Section 66-1.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 66-
General Provisions, Section 66-1 to include and amend the following definition:
Youth center means a social and recreational center providing supervision and
opportunities for youth to develop their physical, social, emotional, and coqnitive
abilities and to experience achievement, leadership, enjoyment, friendship, and
recognition. They typically offer organized instructional programs for physical
activities, academic and arts programs as well as opportunities for unstructured
activities such as game playing, socializing, club meetings, and outdoor play.
SECTION 2: Amendment and Adoption to Section 90-193.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90-
Zoning, Article III -District and District Regulations, Division 5-Residential Multiple
Family District, Section 90-193 Special Exception Uses to expand the list of uses to
include youth center and recovery center/sober home, as follows:
The following uses and structures are permitted in the RMF district after issuance or
a special exception use petition and may have additional conditions imposed at the
time of approval:
(1) Guesthouse, provided that the lot area shall be not less than 12,500
square feet.
(2) Boardinghouse.
(3) Bed and breakfast establishments.
(4) Group home.
(5) Day care center.
(6) House of worship, on a lot of less than five acres.
(7) Community center.
(8) Indoor recreation.
(9) Outdoor recreation.
(10) Public utility.
(11) Permitted uses in excess of 45 feet in height.
(12) Residential migrant housing facility.
(13) Adult family care homes or assisted living facilities as provided by law.
(14) Youth center
(15) Recovery center/sober home
SECTION 3: Amendment and Adoption to Section 90-262.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90-
Zoning, Article III -District and District Regulations, Division 7-Light Commercial
Ordinance No.1130 -Page 2 of 7
Language to be added is underlined.
Language to be deleted is sWgk Nsaugb.
fir+' 141111111111111,
District, Section 90-252 Permitted Uses to expand the list of uses to include a
convenience store as follows:
The following principal uses and structures are permitted in the CLT district:
(1) Professional office, business office, medical office.
(2) Retail store, retail service.
(3) Personal service.
(4) Craft studio.
(5) Storefront church located in a unit in a multi -use building or shopping
center.
(6) Pet grooming.
(7) Convenience store.
SECTION 4: Amendment and Adoption to Section 90-253.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90-
Zoning, Article III -District and District Regulations, Division 7-Light Commercial
District, Section 90-253 Special Exception Uses to expand the list of uses to include
alcohol and drug rehabilitation center/detox center, and recovery center/sober home
as follows:
The following uses and structures are permitted in the CLT district after issuance of
a special exception use petition and may have additional conditions imposed at the
time of approval:
(1) Restaurant, take-out restaurant, cafe.
(2) Dry cleaner/laundry, laundromat.
(3) Private club, nightclub.
(4) Business school.
(5) Radio, television or cable reception, transmission or operational facilities.
(6) Commercial indoor recreation.
(7) Commercial parking garage or lot, taxistand.
(8) Outdoor vehicle sales lot.
(9) House of worship.
(10) Marina, dock, pier.
(11) Enclosed storage.
(12) Public facility or use.
(13) Public utility.
(14) Permitted uses in excess of 45 feet in height.
(15) One dwelling unit per commercial building.
(16) Group home.
(17) Adult family care homes, assisted living facilities as defined in F.S. §
429.02(5).
(18) Nursing homes.
(19) Taxidermist.
(20) Alcohol and drug rehabilitation center/detox center.
(21) Recovery center/sober home.
SECTION 5: Amendment and Adoption to Section 90-282.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90-
Zoning, Article III -District and District Regulations, Division 8-Heavy Commercial
District, Section 90-282 Permitted uses to expand the list of uses to include
convenience store and indoor auction house, as follows:
The following principal uses and structures are permitted in the CHV district:
(1) Professional office, business office, medical office.
(2) Retail service, retail store including outdoor display of merchandise.
(3) Restaurant, take-out restaurant, cafe.
(4) Personal service.
(5) Dry cleaner/laundry, laundromat.
(6) Funeral home.
Ordinance No.1130 - Page 3 of 7
Language to be added is underlined.
Language to be deleted is stwsk through.
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(7) Hotel, motel.
(8) Private club, nightclub.
(9) Craft studio.
(10) Business school.
(11) Commercial indoor recreation.
(12) Commercial parking garage or lot, taxistand, bus terminal.
(13) Storefront church located in a unit in a multi -use building or shopping
center.
(14) Taxidermist.
(15) Pet Grooming.
(16) Convenience store.
(17) Indoor auction house.
SECTION 6: Amendment and Adoption to Section 90-283.
That the City Council for the City of Okeechobee, Florida amends herein Part II of
the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90,
ZONING, ARTICLE III -District Regulations, Division 8-Heavy Commercial District,
Section 90-283 Special exception uses to expand the list of uses to include Alcohol
and drug rehabilitation center/detox center; Convenience store with fuel pumps; and
Retail pool supplies and equipment, water treatment services, and pest control (all
including storage of chemicals for use and/or retail sale), to read as follows:
The following uses and structures are permitted in the CHV district after issuance of
a special exception use petition and may have additional conditions imposed at the
time of approval:
(1) Drive -through service.
(2) Auto service station, car wash.
(3) Wholesale, warehouse not including bulk storage of flammable liquids.
(4) Enclosed warehouse and storage.
(5) Outdoor sales and storage, building trades contractor.
(6) Flea market.
(7) Mechanical and repair services.
(8) Commercial outdoor recreation.
(9) Veterinary service.
(10) Crematory.
(11) Marina, dock, pier.
(12) Recreational vehicle park, for transient recreation use.
(13) Radio, television or cable reception, transmission or operational
facilities.
(14) Public facility or use.
(15) Public utility.
(16) Permitted uses in excess of 45 feet in height.
(17) One dwelling unit per commercial building.
(18) Outdoor vehicle sales lot.
(19) House of worship.
(20) Hospitals, which means in -patient hospital care.
(21) Adult family care homes, assisted living facilities as defined in F.S. §
429.02(5).
(22) Nursing homes.
(23) Alcohol and drug rehabilitation center/detox center.
(24) Convenience store with fuel pumps.
(25) Retail pool supplies and equipment (including storage of chemicals
for use and/or retail sale).
(26) Water treatment services (including storage of chemicals for use and/or
retail sale).
(27) Pest control (including storage of chemicals for use and/or retail sale).
SECTION 7: Amendment and Adoption to Section 90-342
That the City Council for the City of Okeechobee, Florida amends herein Part II of
the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90,
ZONING, ARTICLE III -District Regulations, Division 10-Industrial District, Section
Ordinance No.1130 - Page 4 of 7
Language to be added is underlined.
Language to be deleted is sbask-through.
90-342 Permitted uses to expand the list of uses to include Retail pool supplies and
equipment, water treatment services, and pest control (all including storage of
chemicals for use and/or retail sale) to read as follows:
The following principal uses and structures are permitted in the IND district:
(1) Business office.
(2) Business school.
(3) Retail service, retail store including outdoor display of merchandise.
(4) Research laboratory.
(5) Manufacturing, processing, except those which produce explosives.
(6) Mechanical and repair services.
(7) Bulk storage of nonhazardous material.
(8) Off -site sign.
(9) Outdoor sales and storage, building contractor.
(10) Wholesale sales and distribution.
(11) Enclosed warehouse and storage.
(12) Commercial laundry, dry cleaner.
(13) Printing.
(14) Auto service station, car wash.
(15) Drive -through service.
(16) Parking garage, parking lot.
(17) Radio, television or cable reception, transmission or operational facilities.
(18) Veterinary service.
(19) Railroad facilities.
(20) Public utility.
(21) Public facility.
(22) Storefront church located in a unit in a multi -use building or shopping
center.
(23) Cafe.
(24) Barbershop, beauty shop.
(25) Dry cleaner/laundry.
(26) Nail care.
(27) Shoe repair.
(28) Tailor.
(29) Limited agriculture of a commercial nature on properties on which there is
an active agricultural exemption, which was granted by the Okeechobee
Property Appraiser not later than September 19, 2013.
(30) Retail pool supplies and equipment. (including storage of chemicals for
use and/or retail sale).
(31) Water treatment services. (including storage of chemicals for use and/or
retail sale).
(32) Pest control (including storage of chemicals for use and/or retail sale).
SECTION 8: Amendment and Adoption to Section 90-512
That the City Council for the City of Okeechobee, Florida amends herein Part 11 of
the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90,
ZONING, ARTICLE IV -Supplementary District Regulations, Division 3 Off-street
parking and loading, Section 90-512-Space regulations, Subsection (2) Commercial
uses, to include minimum parking requirements for indoor auction houses with and
without fixed seating, nail salon, retail service, and personal service, to read as
follows:
2)
Commercial Uses:
Shopping center, Rretail store,
retail service, and personal service,
1 per 300 square feet of floor area
service, except as may otherwise be
s ecificall identified in this section.
or
Furniture or appliance store
1 per 500 square feet of floor area
Professional office, business
1 per 300 square feet of floor area
service
Medical office
1 per 180 square feet of floor area
Nursery, lumberyard
1 per 250 square feet of floor area
Restaurant, nightclub
1 per 75 square feet of floor area
Ordinance No. It 30 - Page 5 of 7
Language to be added is underlined.
Language to be deleted is sEwsk14ueugh.
071
M
Barbershop, beauty shop, and nail
2 per service chair
salon
Hotel, motel
1 per bedroom, plus 5 spaces, plus
accessory uses
Auto service, repair or wash
1 per 150 square feet of floor area
Automobile sales
1 per 400 square feet of floor area,
plus 1 per 1,500 square feet of outdoor
area used for sales or display.
Auction house (indoor), or
1 per 3 seats in the area used for the
storefront church with fixed seating
auction, or in the assembly area used
for worshipFor pews, each 18 inches
shall equal . one seat.
Auction house (indoor), or
1 space for each 90 square feet of
storefront church without fixed
area used for the auction or assembly
seating
area used for worship up to 1,470
square feet, plus 1 space for each 45
square feet of additional assembly area
used for the auction or worship in
excess of 1,470 square feet.
SECTION 9: Amendment and Adoption to Sections 90406(b) and 90-672(a)(3)
That the City Council for the City of Okeechobee, Florida amends herein Part II
of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter
90, ZONING, Sections 90-105(b) and 90-572(a)(3) to correct a typographical
error and incorrect reference, respectively, to read as follows:
Section 90-105
(b) Minimum yard requirements. The maximum minimum yard
requirements in the RSF 1 district, except where greater distance is
required by yard setback, shall be as follows:
Section 90-572(a)
(3) Where building signs are placed upon more than one side of the
building, the combined sign face areas, shall not exceed that amount
permitted by subsection 4a M above.
SECTION 10: Conflict.
That all laws or ordinances in conflict with any provision of this ordinance are hereby
repealed to the extent of such conflict.
SECTION 11: 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 12: Effective Date.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this 5rh day of January,
2016.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CIVIC, City Clerk
Ordinance No.1130 - Page 6 of 7
Language to be added is underlined.
Language to be deleted is sWGk through.
In
PASSED AND ADOPTED after Second and Final Public Hearing this 191h day of January,
2016.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Ordinance No.1130 - Page 7 of 7
Language to be added is underlined.
Language to be deleted is stFasktHreagp.
I..
Fyi t'i-b'f I
INDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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 41 . m . 41.4__r�J
in the matter ofn
ij
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
_ 1/161/6
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 further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advefor publication in the said newspaper.
7z Katrina Elsken
Sworn to and subscribed b fore me this
/ (tit day of t � AD
Notary Public, State of Florida at Large
.� MV WA7w1155bN 1 EE t77663
EXPIRES: Ppfd 20, 2016
�"'���""" 6dM,eriniHalayPwAcuntlercrtners
Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
NOTICE OF PROPOSED LAND DEVELOPMENT
REGULATION TEXT AMENDMENTS
I PUBLIC NOTICE: the City Council the City of Okeechobee, FL, will on Tues
January 19, 2016, at 6:00 PM, ors soon thereafter possible, at City Hall
55 SE 3rd Ave, Okeechobee, FL, conduct a Public Hearing to consider Fi•
nal Reading for proposed Ordinance into law: No. 1130: AN ORDINANCE
OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS
TO PART 11 OF THE CODE OF ORDINANCES, SUBPART•B-LAND DEVELOP-
MENT REGULATIONS; PROVIDING FOR AMENDMENTS CHAPTER 66-GEN-
ERAL PROVISIONS TO INCLUDE A DEFINITION WITHIN SECTION 66-1 FOR
YOUTH CENTER; PROVIDING FOR AMENDMENTS TO CHAPTER 90-ZONING,
ARTICLE III -DISTRICT AND DISTRICT REGULATIONS, SPECIFICALLY: DIVI-
SION 5-RESIDENTIAL MULTIPLE -FAMILY DISTRICT SECTION 90-193, TO
INCLUDE YOUTH CENTER AND RECOVERY CENTER/SOBER HOME WITHIN
THE LIST OF SPECIAL EXCEPTION USES; DIVISION 7-LIGHT COMMERCIAL
DISTRICT SECTION 90452, TO INCLUDE CONVENIENCE STORE WITHIN
THE LIST OF PERMITTED USES AND SECTION 90-253, TO INCLUDE ALCO-
HOL AND DRUG REHABILITATION CENTER/DETOX CENTER AND RECOVERY
CENTER/SOBER HOME WITHIN THE LIST OF SPECIAL EXCEPTION USES;
DIVISION 8-HEAVY COMMERCIAL DISTRICT SECTION 90-282, TO INCLUDE
CONVENIENCE STORE AND INDOOR AUCTION HOUSE WITHIN THE UST
OF PERMITTED USES AND SETION 90-283, TO INCLUDE ALCOHOL AND
DRUG REHABILITATION CENTS, JTOX CENTER, INDOOR AUCTION, CON-
VENIENCE STORE WITH FUEL PUS, RETAIL POOL SUPPLIES AND EQUIP-
MENT, WATER TREATMENT SERES, AND PEST CONTROL (ALL INCLUD-
ING STORAGE OF CHEMICALS FOR USE AND/OR RETAIL SALE) WITHIN THE
LIST OF SPECIAL EXCEPTION USES; DIVISION 10-INDUSTRIAL DISTRICT,
SECTION 90-342, TO INCLUDE RETAIL POOL SUPPLIES AND EQUIPMENT,
WATER TREATMENT SERVICES, AND PEST CONTROL (ALL INCLUDING
STORAGE OF CHEMICALS FOR USE AND/OR RETAIL SALE) WITHIN THE
LIST OF PERMITTED USES; PROVIDING FOR AMENDMENTS TO CHAPTER
90-ZONING, ARTICLE IV SUPPLEMENTARY DISTRICT REGULATIONS, DI-
VISION 3, OFF-STREET PARKING AND LOADING, SECTION 90-512-SPACE
REGULATIONS, SUBSECTION (2) COMMERCIAL USES, TO INCLUDE MINI-
MUM PARKING REQUIREMENTS FOR INDOOR AUCTION HOUSES WITH AND
WITHOUT FIXED SEATING, NAIL SALON, RETAIL SERVICE AND PERSONAL
SERVICE; AMENDING CHAPTER 90-ZONING, SECTIONS 90-105 AND 90-
572 TO CORRECT A TYPOGRAPHICAL ERROR AND INCORRECT REFER-
ENCE, RESPECTIVELY; PROVIDING FOR CONFLICTS, PROVIDING FOR SEV-
ERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
The proposed amendment ay be viewed on the website, cityofokeechobee.
com, or at the Office of theity Clerk, during normal business hours, Mon -Fri,
8 AM-4:30 PM, at the addre above.
ANY PERSON DECIDING TO APPEAL any decision made by the City Council
with respect to.any matter considered at this meeting will need to ensure
a verbatim record of the proceeding is made and the record includes the
testimony and evidence upon which the appeal will be based. In accordance
with the Americans with Disabilities Act (ADA), any person with a disability as
defined by the ADA, that needs special accommodation to participate in this
proceeding, contact the City Clerk's Office no later than two business days
prior to proceeding, 863-763-3372.
BE ADVISED that should you intend to show any document, picture, video or
items to the Council in support or opposition to any item on the agenda; a copy
of the document, picture, video, or item MUST be provided to the City Clerk
for the City's records.
Published by: Lane Gamiotea, CMC, City Clerk
�- Exhibit 2
Lava Offices Jan 19, 2016
Christiansen & Delmer, P.A.
63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 • 941-377-2200 • Fax 941-377.4848
November 6, 2015
Mr. Marcos Montes De Oca
City Administrator
City of Okeechobee
55 S.E. 3RD Avenue
Okeechobee, FL 34974-2032
Re: City of Okeechobee Municipal Police Officers' Pension Trust Fund - Proposed
Ordinance
Dear Mr. Montes De Oca:
I represent the Board of Trustees of your City of Okeechobee Municipal Police Officers'
Pension Trust Fund. Enclosed please find a proposed ordinance amending the City of Okeechobee
Municipal Police Officers' Pension Trust Fund that has been approved by the Board and
recommended for adoption by the City Council. With the recent adoption by the Florida Legislature
of Chapter 2015-39, Laws of Florida, and changes to the Internal Revenue Code (IRC) and its
associated Regulations, as well as guidance from the Internal Revenue Service (IRS), the following
amendments to the pension plan are proposed:
Section 1, Definitions, is being amended for IRC changes and requirements, to
amend the definitions of:
a. Actuarial Equivalent - to amend the definition to incorporate the Mortality
Table currently being used by the plan's actuary
b. Credited Service - to clarify IRC regulations on leave conversions
C. Spouse - To clarify the definition in accordance with a recent US Supreme
Court ruling
2. Section 6, Benefit amounts and eligibility, is being amended to change the Normal
Retirement Date to include IRC required language regarding Normal Retirement Age
and Normal Retirement Date.
Section 8, Disability, is being amended to more clearly identify those individuals who
may be eligible to apply for a disability pension who have been terminated by the
City due to medical reasons.
4. Section 10, Optional Foims of Benefits, has been amended to:
M
M
Ms. Montes De Oca
November 6, 2015
Page 2
a. Amend the optional form of benefit known as a partial lump sum option
(PLOP), to clarify that the percentage chosen is calculated as a percent of the
total actuarial equivalent value of the member's benefit.
b. Amend subsection 2. to clarify that if proof of good health of a joint
pensioner who is being replaced is not provided, the actuary will assume that
the joint pensioner is deceased for purposes of calculating the revised benefit
amount.
5. Section 15, Maximum Pension, has had several subsections amended to comply with
IRC changes.
6. Section 16, Minimum Distribution of Benefits, is being amended for a reference
clarification in subsection 2.B.(4).
7. Section 27, Prior Police Service, subsection 5., is being amended to correct a
reference.
8. Section 28, Deferred Retirement Option Plan, is being amended in accordance with
recent direction from the IRS in connection with the issuance of several recent
Favorable Determination Letters to: i) clarify investment returns on DROP accounts,
ii) clarify when interest.and earnings are calculated and paid, and iii) add several
sections clarifying the DROP provisions as required by the IRS.
9. Section 30, Supplemental Benefit Component for Special Benefits; Chapter 185
Share Accounts, is a new Section being added to the plan. This Section creates a
'Share Plan', or defined contribution component, and the addition of a share plan is
a requirement of recently adopted Chapter 2015-39, Laws of Florida, for all pension
plans that are subject to the provisions of Chapters 175 and 185, Florida Statutes.
This Share Plan provides for a share account for each member of the plan. The Share
Plan is to be funded solely and entirely by Chapter 185, Florida Statutes, premium
tax monies for each plan year that funding is made available to it in accordance with
governing Florida Statutes and/or mutual agreement between the City and the plan
members. This supplemental benefit, therefore, may or may not be funded.
If the share plan is funded, at retirement, termination (vested), disability or death,
there is an additional lump sum benefit paid to the eligible member. In this ordinance
available share plan funding is allocated to the members' accounts based on a formula
which provides an allocation based on years of credited service. Other allocation
methods (i.e. equal allocation) could be considered if requested by the plan
membership. Each share account receives its proportionate share of the income or
loss on the assets in the plan.
cm
rr+'
Ms. Montes De Oca
November 6, 2015
Page 3
I am enclosing a copy of a letter from the Board's actuary, Gabriel Roeder Smith & Company,
indicating that there is no cost associated with the adoption of this ordinance. If you 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.
VYoursvey,
Scott R. Christiansen
SRC/dm
enclosure
cc: Bettye Taylor
Janet McKinley
Gabriel Roeder Smith &: Company Ono East Broward Blvd. 954527.1616 phone
Consultanrc & Actuaries Suite 505 954.525.0093 fox
R Lauderdale, FL 33301-1804 www.gabriciroeder.com
October 28, 2015
Detective Bettye Taylor
City of Okeechobee
50 SE 2nd 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 proposed ordinance amending the Okeechobee Municipal Police Officers'
Pension Trust Fund drafted by Scott Christiansen aid dated September 25, 2015. This ordinance
would amend the Plan as follows:
■ Changes the definitions ofActuarial Equivalent to use a new mortality table, Credited Set -vice to
reflect IRC changes and requirements, and spouse to reflect a Supreme Court ruling.
• Includes IRC required language regarding Normal Retirement Age.
• More clearly includes members terminated from the City for medical reasons who may be eligible
for a disability pension.
• For Partial LuvW Sum Option (PLOP), clariftes That the amount is 20% of the total actuarial
equivalent value of the member's benefit
• Requires proof of good health of the current joint pensioner for purposes of calculating revised
benefit amounts when there is a change in joint pensioner.
• Amends maximum pez:sion to comply with IRC changes.
• Amends minitnunt distribution of benefits for a reference clarification in subsection 2.B. (4).
• Amends prior police service to correct a reference in subsection 5.
• Amends Deferred Retirement Option Plan (DROP)to clarify investment returns, when
interest and earnings are calculated and paid and adds clarifying language as required by
the IRS.
• Creates a Share Plan. as a Supplemental Bent Componeni for Special Benefits funded
by Chapter 185, Florida Statutes.
In our opinion, this amendment will have no actuarial impact on the Plan.
Detective Bettye Taylor
City of Okeechobee
October 2g, 2015
Page 2
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.
Theora P Braccialarghe and Jeff Amrose 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 ofthe valuation date
Respectfully submitted,
Theory P. Braccialarghe, FSA, MAAA
Enrolled Actuary No. 14-2826
cc: Scott Christiansen, Plan Attorney
Dennis Davis, Board Chair
Janet McKinley
Aw (J.-.,
Jeff Amrose, MAAA
Enrolled Actuary No. 14-6599
Gabriel Roeder Smitb & Company
M
CM
OKF,WROBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND
Impact Statement-- October 28, 2015
Description ofAmendment
The proposed ordinance amends the plan as follows:
• Changes the definitions of actuarial Equivaleni to use a new mortality table, Credited ,Service to
reflect IRC changes and requirements, and spouse to reflect a Supreme Court ruling.
• Includes MC required language regarding Normal Retirement Age. -
■ More clearly includes members terminated from the City for medical reasons who may be eligible
for a disability pension.
= For Parlial Lump Sum Option (PLOP), clariftes that the amount is 20M of the total actuarial
equivalent value of the member's benefit.
• Requires proof of good health of the current joint pensioner for purposes of calculating revised
bene, u amounts when there is a change in joint pensioner.
• Amends ma durum pension to comply with IRC changes.
• Amends minimum distribution of benefits for a reference clarification in subsection 2.B. (4).
• Amends prior police service to correct a reference in subsection 5.
• Amends Deferred Retirement Option Plan (DROP)to clarify investment returns, when
interest and earnings are calculated and paid, and adds clarifying language as required by
the IRS
• Creates a Share Plan as a Supplemental Benefit Component for Special Benefits funded
by Chapter 185, Florida Statutes.
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.
44heoard oMustees
as Plan Administrator
Gabriel Roeder Smitb & Company
*ftw
ORDINANCE NO. n3i
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 6., BENEFIT AMOUNTS AND
ELIGIBILITY; AMENDING SECTION 8, DISABILITY;
AMENDING SECTION 10, OPTIONAL FORMS OF
BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION;
AMENDING SECTION 16, MINIMUM DISTRIBUTION OF
BENEFITS; AMENDING SECTION 27, PRIOR POLICE
SERVICE; AMENDING SECTION 28, DEFERRED
RETIREMENT OPTION PLAN; ADDING SECTION 30,
SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA
BENEFITS; CHAPTER 185 SHARE ACCOUNTS;
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 definitions of "Actuarial
Equivalent", "Credited Service" and "Spouse", to read as follows:
Actuarial Equivalent means that any benefit payable under the terms of this System
in a form other than the normal form of benefit shall have the same actuarial present value
on the date payment commences as the normal form of benefit. For purposes of
establishing the actuarial present value of any form of payment other than a lump sum
distribution, all future payments shall be discounted for interest and mortality by using
seven percent (7.0%) interest and the 1994 Group Annuity Mortality Table for Males RP -
back five (5) years for disabled lives. This definition may only be amended by the City
pursuant to the recommendation of the Board using assumptions adopted by the Board
with the advice of the plan's actuary, such that actuarial assumptions are not subject to City
discretion.
Credited Service means the total number of years and fractional parts of years of
service as a Police Officer with Member contributions when required, omitting intervening
years or fractional parts of years when such Member was not employed by the City as a
Police Officer. A Member may voluntarily leave his Accumulated Contributions in the Fund
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.
B. 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.
Beginning January 1, 2009, to the extent required by Section 414(u)(12) of the
Code, an individual receiving differential wage payments (as defined under Section
3401(h)(2) of the Code) from an employer shall be treated as employed by that employer,
and the differential wage payment shall be treated as compensation for purposes of
applying the limits on annual additions under Section 415(c) of the Code. This provision
shall be applied to all similarly situated individuals in a reasonably equivalent manner.
Souse means the lawful vvife or husband of a Member or Ret Member's or
Retiree's spouse under applicable law at the time benefits become payable.
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 6, Benefit Amounts and Eligibility, subsection 1,
Normal Retirement Date, to read as follows:
1. Normal Retirement Age and Date.
SECTION 3: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby
further amended by amending Section 8, Disability, subsection 1., Disability Benefits In -
Line of Duty, and subsection 3., Disability Benefits Not -in -Line of Duty, to read as follows:
1. Disability Benefits in -Line -of Duty.
Any Memberwho shall become totallyand permanently disabled to the extent
that he is unable, by reason of a medically determinable physical or mental impairment,
to render useful and efficient service as a Police Officer, which disability was directly
caused by the performance of his duty as a Police Officer, shall, upon establishing the
same to the satisfaction of the Board, be entitled to a monthly pension equal to three
percent (3%) of his Average Final Compensation multiplied by the total years of Credited
Service, but in any event, the minimum amount paid to the Member shall be forty-two
percent (42%) of the Average Final Compensation of the Member. Terminated persons,
either vested or non -vested, are not eligible for disability benefits, exeept that these
3. Disability Benefits Not -in -Line of Duty.
Any Member with five (5) years or more Credited Service who shall become
totally and permanently disabled to the extent that he is unable, by reason of a medically
determinable physical or mental impairment, to render useful and efficient service as a
Police Officer, which disability is not directly caused by the performance of his duties as
a Police Officer shall, upon establishing the same to the satisfaction of the Board, be
entitled to a monthly pension equal to the greater of (i) or (ii) where (i) is two percent (2%)
of Average Final Compensation multiplied by the total years of Credited Service and (ii) is
a benefit determined in the same manner as for early retirement as set forth in Section 6,
subsection 4B. In any event, the minimum amount paid to the Member shall be twenty-five
percent (25%) of his Average Final Compensation. Terminated persons, either vested or
non -vested, are not eligible for disability benefits, exeept that those terminated by the Git
SECTION 4: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby
further amended by amending Section 10, Optional Forms of Benefits, subsection 1.D.,
and subsection 2., to read as follows:
D. For any Member who does not participate in the DROP pursuant to
Section 28, a lump sum payment payable to the Retiree equal to
twenty percent (20%) of the total actuarial equivalent present value of
the Retiree's accrued benefit at the date of retirement with the
remaining eighty percent (80%) payable to the Retiree in a form
*60
selected by the Retiree and provided for in A. or B or C above or in
the normal form (10 year certain and life). A Retiree who is a
participant in the Deferred Retirement Option Plan shall not be eligible
to select this partial lump sum option.
2. The Member, upon electing any option of this Section, will designate the joint
pensioner (subsection 1.A. above) or Beneficiary (or Beneficiaries) to receive the benefit,
if any, payable under the System in the event of Member's death, and will have the power
to change such designation from time to time. Such designation will name a joint
pensioner or one (1) or more primary Beneficiaries where applicable. A Member may
change his Beneficiary at any time. If a Member has elected an option with a joint
pensioner and the Member's retirement income benefits have commenced, the Member
may thereafter change his designated Beneficiary at any time, but may only change his
joint pensioner twice. Subject to the restriction in the previous sentence, a Member may
substitute a new joint pensioner for a deceased joint pensioner. In the absence of proof
SECTCON 5: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby
further amended by amending Section 15, Maximum Pension, subsections 6., 8., 12.B.,
and by adding subsection 13., to read as follows:
6. Less than Ten (10) Years of Participation ar-Serviee.
The maximum retirement benefits payable under this Section to any Member
who has completed less than ten (10) years of Gredited Serviee vdth the Gity participation
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 Gredit_d Service
participation 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.
Ten Thousand Dollar ($10,000) Limit: Less Than Ten Years of Service.
Notwithstanding 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 limitation year
and or for any prior limitation year, and the City has not at any time maintained a qualified
defined contribution plan in which the Member participated; provided, however, that if the
Member has completed less than ten (10) years of Credited Service with the City, the limit
under this subsection 8. of Section 15 shall be a reduced limit equal to ten thousand dollars
($10,000) 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).
12. 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 6-7 1223,
Title 10, U.S. Code.
13. Effect of Direct Rollover on 415(b) Limit.
lm
SECTION 6: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby
further amended by amending Section 16, Minimum Distribution of Benefits, subsection
2.B.(4), to read as follows:
2. B. (4) If the Member's surviving spouse is the Member's sole
designated beneficiary and the surviving spouse dies after the
Member but before distributions to the surviving spouse begin,
this subsection 2.B., other than subsection 2.B.(1), will apply
as if the surviving spouse were the Member.
For purposes of this subsection 2.6. and subseetia,
distributions are considered to begin on the Member's required
beginning date or, if subsection 2.B.(4) applies, the date of
distributions are required to begin to the surviving spouse
under subsection 2.13.(1). if annuity payments irrevocably
commence to the Member before the Member's required
beginning date (or to the Member's surviving spouse before
the date distributions are required to begin to the surviving
spouse under subsection 2.B.(1)), the date distributions are
considered to begin is the date distributions actually
commence.
SECTION 7: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby
further amended by amending Section 27, Prior Police Service, subsection 5., to read as
follows:
5. In no event, however, may Credited Service be purchased pursuant to this
Section for prior service with any other municipal, county or state law enforcement
department, if such prior service forms or will form the basis of a retirement benefit or
pension from a different employer's retirement system or plan as set forth in Section 15,
subsection 4 012.B.
SECTION 8: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby
further amended by amending Section 28, Deferred Retirement Option Plan, to read as
follows:
SECTION 28. DEFERRED RETIREMENT OPTION PLAN.
1. Definitions.
As used in this Section 28, the following definitions apply:"
A. "DROP" -- The City of Okeechobee Police Officers' Deferred
Retirement Option Plan.
B. "DROP Account" — The account established for each DROP
participant under subsection 3.
C "Total return of the assets" — For purposes of calculating earnings on
a Member's DROP Account pursuant to subsection 3.13.(2)(b). for
each fiscal year quarter, the percentage increase (or decrease) in'the
interest and dividends earned on investments including realized and
unrealized gains (or losses) of the total plan assets.
2. Participation.
A. Eligibility to Participate.
Lon
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In lieu of terminating his employment as a Police Officer, any Member
who is eligible for normal retirement under the System may elect to
defer receipt of such service retirement pension and to participate in
the DROP.
B. Election to Participate.
A Member's election to participate in the DROP must be made in
writing in a time and manner determined by the Board and shall be
effective on the first day of the first calendar month which is at least
fifteen (15) business days after it is received by the Board.
C. Period of Participation.
A Member who elects to participate in the DROP under subsection
2.B., shall participate in the DROP for a period not to exceed sixty
(60) months beginning at the time his election to participate in the
DROP first becomes effective. An election to participate in the DROP
shall constitute an irrevocable election to resign from the service of
the City not later than the date provided for in the previous sentence.
A Member may participate only once.
D. Termination of Participation.
(1) A Member's participation in the DROP shall cease at the
earlier of:
(a) the end of his permissible period of participation in the
DROP as determined under subsection 2.C.; or
(b) termination of his employment as a Police Officer.
(2) Upon the Member's termination of participation in the DROP,
pursuant to subsection (a) above, all amounts provided for in
subsection 3.B., including monthly benefits and investment
earnings and losses or interest, shall cease to be transferred
from the System to his DROP Account. Any amounts
remaining in his DROP Account shall be paid to him in
accordance with the provisions of subsection 4. when he
terminates his employment as a Police Officer.
(3) A Member who terminates his participation in the DROP under
this subsection 2.D. shall not be permitted to again become a
participant in the DROP.
E. Effect of DROP Participation on the System.
(1) A Member's Credited Service and his accrued benefit under
the System shall be determined on the date his election to
participate in the DROP first becomes effective. For purposes
of determining the accrued benefit, the Member's Salary for
the purposes of calculating his Average Final Compensation
shall include an amount equal to any lump sum payments
which would have been paid to the Member and included as
Salary as defined herein, had the Member retired under normal
retirement and not elected DROP participation. Member
contributions attributable to any lump sums used in the benefit
calculation and not actually received by the Member shall be
deducted from the first payments to the Member's DROP
Account. The Member shall not accrue any additional Credited
Service or any additional benefits under the System (except for
any supplemental benefit pavabie to DROP participants or any
additional benefits provided under any cost -of -living
adjustment for Retirees in the System) while he is a participant
in the DROP. After a Member commences participation, he
shall not be permitted to again contribute to the System nor
shall he be eligible for disability or pre -retirement death
benefits, except as provided for in Section 29, Reemployment
After Retirement.
(2) No amounts shall be paid to a Member from the System while
the Member is a participant in the DROP. Unless otherwise
specified in the System, if a Member's participation in the
DROP is terminated other than by terminating his employment
as a Police Officer, no amounts shall be paid to him from the
System until he terminates his employment as a Police Officer.
Unless otherwise specified in the System, amounts transferred
from the System to the Member's DROP Account shall be paid
directly to the Member only on the termination of his
employment as a Police Officer.
3. Funding.
A. Establishment of DROP Account.
A DROP Account shall be established for each Member participating
in the DROP. A Member's DROP Account shall consist of amounts
transferred to the DROP under subsection 3.B., and earnings or
interest on those amounts.
B. Transfers From Retirement System.
(1) As of the first day of each month of a Member's period of
participation in the DROP, the monthly retirement benefit he
would have received under the System had he terminated his
employment as a Police Officer and elected to receive monthly
benefit payments thereunder shall be transferred to his DROP
Account, except as otherwise provided for in subsection
2.D.(2). A Member's period of participation in the DROP shall
be determined in accordance with the provisions of
subsections 2.C. and 2.D., but in no event shall it continue past
the date he terminates his employment as a Police Officer.
(2) Except as otherwise provided in subsection 2.D.(2), a
Member's DROP Account under this subsection 3.6. shall be
debited or credited after eaeh fiseal year quarter with either:
(a) Interest at an effective rate of six and one-half percent
(6.5%) per annum compounded monthly determined on
the last business day of the prior month's ending
balance and credited to the Member's DROP Account
as of such date (to be applicable to all current and
future DROP participants); or
(b) Earnings, to be credited or debited to the Member's
DROP Account determined as of the last business day
of each fiscal year guarter and debited or credited as of
such date, determined as follows:
The average daily balance in a Member's DROP
Account shall be credited or debited at a rate equal to
the net investment return realized by the System for
that quarter. "Net investment return" for the purpose of
this paragraph is the total return of the assets in which
the Member's DROP Account is invested by the Board
net of brokerage commissions, transaction costs and
management fees.
Upon electing participation in the DROP, the Member shall
elect to receive either interest or earnings on his account to be
determined as provided above. The Member may, in writing,
elect to change his election only once during his DROP
participation. An election to change must be made prior to the
end of a quarter and shall be effective beginning the following
quarter.
(3) A Member's DROP Account shall only be credited or debited
with earnings or interest and monthly benefits while the
Member is a participant in the DROP. A Member's final DROP
account value for distribution to the Member upon termination
of participation in the DROP shall be the value of the account
at the end of the quarter immediately preceding termination of
participation for participants electing the net plan return and at
the end of the month immediately preceding termination of
Participation for participants electing the flat interest rate
return, plus any monthly periodic additions made to the DROP
account subsequent to the end of the previous quarter or
month, as applicable, and prior to distribution. If a Member
fails to terminate employment after participating in the DROP
for the permissible period of DROP participation, then
beginning with the Member's 1st month of employment
following the last month of the permissible period of DROP
participation, the Member's DROP Account will no longer be
credited or debited with earnings or interest, nor will monthly
benefits be transferred to the DROP account. All such non -
transferred amounts shall be forfeited and continue to be
forfeited while the Member is employed by the Police
Department, and no cost -of -living adjustments shall be applied
to the Member's credit during such period of continued
employment. A Member employed by the Police Department
after the permissible period of DROP participation will be
eligible for pre -retirement death and disability benefits, and will
accrue additional Credited Service, only as provided for in
Section 29.
Distribution of DROP Accounts on Termination of Employment.
A. Eligibility for Benefits.
A Member shall receive the balance in his DROP Account in
accordance with the provisions of this subsection 4. upon his
termination of employment as a Police Officer. Except as provided in
subsection 4.E, no amounts shall be paid to a Member from the
DROP prior to his termination of employment as a Police Officer.
B. Form of Distribution.
(1) Unless the Member elects otherwise, distribution of his DROP
Account shall be made in a lump sum, subject to the direct
rollover provisions set forth in subsection 4.17. Elections under
this paragraph shall be in writing and shall be made in such
time or manner as the Board shall determine.
(2) If a Member dies before his benefit is paid, his DROP Account
shall be paid to his Beneficiary in such optional form as his
Beneficiary may select. if no Beneficiary designation is made,
the DROP Account shall be distributed to the Member's estate.
C. Date of Payment of Distribution.
Except as otherwise provided in this subsection 4., distribution of a
Member's DROP Account shall be made as soon as administratively
practicable following the Member's termination of employment.
Distribution of the amount in a Member's DROP account will not be
made unless the Member completes a written request for distribution
and a written election, on forms designated by the Board, to either
receive a cash lump sum or a rollover of the lump sum amount.
NWW oe
Proof of Death and Right_of Beneficiary or Other Person.
The Board may require and rely upon such proof of death and such
evidence of the right of any Beneficiary or other person to receive the
value of a deceased Member's DROP Account as the Board may
deem proper and its determination of the right of that Beneficiary or
other person to receive payment shall be conclusive.
Distribution Limitation.
Notwithstanding any other provision of this subsection 4., all
distributions from the DROP shall conform to the "Minimum
Distribution Of Benefits" provisions as provided for herein.
F. Direct Rollover of Certain Distributions.
This subsection applies to distributions made on or after January 1,
2002. Notwithstanding any provision of the DROP to the contrary, a
distributee may elect to have any portion of an eligible rollover
distribution paid in a direct rollover as otherwise provided under the
System in Section 26.
5. Administration of DROP.
A. Board Administers the DROP.
The general administration of the DROP, the responsibilityfor carrying
out the provisions of the DROP and the responsibility of overseeing
the investment of the DROP's assets shall be placed in the Board.
The members of the Board may appoint from their number such
subcommittees with such powers as they shall determine; may adopt
such administrative procedures and regulations as they deem
desirable for the conduct of their affairs; may authorize one or more
of their number or any agent to execute or deliver any instrument or
make any payment on their behalf; may retain counsel, employ
agents and provide for such clerical, accounting, actuarial and
consulting services as they may require in carrying out the provisions
of the DROP; and may allocate among themselves or delegate to
other persons all or such portion of their duties under the DROP,
other than those granted to them as Trustee under any trust
agreement adopted for use in implementing the DROP, as they, in
their sole discretion, shall decide. A Trustee shall not vote on any
question relating exclusively to himself.
B. Individual Accounts. Records and Reports.
The Board shall maintain records showing the operation and condition
of the DROP, including records showing the individual balances in
each Member's DROP Account and the Board shall keep in
convenient form such data as may be necessary for the valuation of
the assets and liabilities of the DROP. The Board shall prepare and
distribute to Members participating in the DROP and other individuals
or file with the appropriate governmental agencies, as the case may
be, all necessary descriptions, reports, information returns, and data
required to be distributed or filed for the DROP pursuant to the Code
and any other applicable laws.
C. Establishment of Rules.
Subject to the limitations of the DROP, the Board from time to time
shall establish rules for the administration of the DROP and the
transaction of its business. The Board shall have discretionary
authority to construe and interpret the DROP (including but not limited
to determination of an individual's eligibility for DROP participation,
the right and amount of any benefit payable under the DROP and the
date on which any individual ceases to be a participant in the DROP).
The determination of the Board as to the interpretation of the DROP
or its determination of any disputed questions shall be conclusive and
final to the extent permitted by applicable law.
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Limitation of Liabili
(1) The Trustees shall not incur any liability individually or on
behalf of any other individuals for any act or failure to act,
made in good faith in relation to the DROP or the funds of the
DROP.
(2) Neither the Board nor any Trustee of the Board shall be
responsible for any reports furnished by any expert retained or
employed by the Board, but they shall be entitled to rely
thereon as well as on certificates furnished by an accountant
or an actuary, and on all opinions of counsel. The Board shall
be fully protected with respect to any action taken or suffered
by it in good faith in reliance upon such expert, accountant,
actuary or counsel, and all actions taken or suffered in such
reliance shall be conclusive upon any person with any interest
in the DROP.
6. General Provisions.
A-
The DROP is not a separate retirement plan.
B. Notional account.
The DROP Account established for such a Member is a notional
account used only for the purpose of calculation of the DROP
distribution amount It is not a separate account in the System.
There is no chance in the System's assets. and there is no distribution
available to the Member until the Member's termination from the
DROP. The Member has no control over the investment of the DROP
account.
C. No employer discretion.
The DROP benefit is determined pursuant to a specific formula which
does not involve employer discretion.
D. IRC limit.
The DROP Account distribution, along with other benefits payable
from the System is subject to limitation under Internal Revenue Code
Section 415(b).
A E. Amendment of DROP.
The DROP may be amended by an ordinance of the City at any time
and from time to time, and retroactively if deemed necessary or
appropriate, to amend in whole or in part any or all of the provisions
of the DROP. However, except as otherwise provided by law, no
amendment shall make it possible for any part of the DROP's funds
to be used for, or diverted to, purposes other than for the exclusive
benefit of persons entitled to benefits under the DROP. No
amendment shall be made which has the effect of decreasing the
balance of the DROP Account of any Member.
B F. Facility of Payment.
If a Member or other person entitled to a benefit under the DROP is
unable to care for his affairs because of illness or accident or is a
minor, the Board shall direct that any benefit due him shall be made
only to a duly appointed legal representative. Any payment so made
10
shall be a complete discharge of the liabilities of the DROP for that
benefit.
6 G. Information.
Each Member, Beneficiary or other person entitled to a benefit, before
any benefit shall be payable to him or on his account under the
DROP, shall file with the Board the information that it shall require to
establish his rights and benefits under the DROP.
13 H. Prevention of Escheat.
If the Board cannot ascertain the whereabouts of any person to whom
a payment is due under the DROP, the Board may, no earlier than
three (3) years from the date such payment is due, mail a notice of
such due and owing payment to the last known address of such
person, as shown on the records of the Board or the City. If such
person has not made written claim therefor within three (3) months of
the date of the mailing, the Board may, if it so elects and upon
receiving advice from counsel to the System, direct that such payment
and all remaining payments otherwise due such person be canceled
on the records of the System. Upon such cancellation, the System
shall have no further liability therefor except that, in the event such
person or his Beneficiary later notifies the Board of his whereabouts
and requests the payment or payments due to him under the DROP,
the amount so applied shall be paid to him in accordance with the
provisions of the DROP.
E I. Written Elections. Notification
(1) Any elections, notifications or designations made by a Member
pursuant to the provisions of the DROP shall be made in
writing and filed with the Board in a time and manner
determined by the Board under rules uniformly applicable to all
employees similarly situated. The Board reserves the right to
change from time to time the manner for making notifications,
elections or designations by Members under the DROP if it
determines afterdue deliberation that such action is justified in
that it improves the administration of the DROP. In the event
of a conflict between the provisions for making an election,
notification or designation set forth in -the DROP and such new
administrative procedures, those new administrative
procedures shall prevail.
(2) Each Member or Retiree who has a DROP Account shall be
responsible for furnishing the Board with his current address
and any subsequent changes in his address. Any notice
required to be given to a Member or Retiree hereunder shall be
deemed given if directed to him at the last such address given
to the Board and mailed by registered or certified United States
mail. If any check mailed by registered or certified United
States mail to such address is returned, mailing of checks will
be suspended until such time as the Member or Retiree
notifies the Board of his address.
F J. Benefits Not Guaranteed.
All benefits payable to a Member from the DROP shall be paid only
from the assets of the Member's DROP Account and neither the City
nor the Board shall have any duty or liability to furnish the DROP with
any funds, securities or other assets except to the extent required by
any applicable law.
G K. Construction.
(1) The DROP shall be construed, regulated and administered
under the laws of Florida, except where other applicable law
controls.
(2) The titles and headings of the subsections in this Section 28
are for convenience only. In the case of ambiguity or
11
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inconsistency, the text rather than the titles or headings shall
control.
H L. Forfeiture of Retirement Benefits.
Nothing in this Section shall be construed to remove DROP
participants from the application of anyforfeiture provisions applicable
to the System. DROP participants shall be subject to forfeiture of all
retirement benefits, including DROP benefits.
M. Effect of DROP Participation on Employment.
Participation in the DROP is not a guarantee of employment and
DROP participants shall be subject to the same employment
standards and policies that are applicable to employees who are not
DROP participants.
SECTION 9: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, as subsequently amended, is hereby
further amended by adding Section 30, Supplemental Benefit Component for Special
Benefits; Chapter 185 Share Accounts, to read as follows:
SECTION 30. SUPPLEMENTAL BENEFIT COMPONENT FOR SPECIAL
1. Individual Member Share Accounts.
2. Share Account Eodbg,
A. Individual Member Share Accounts shall be established as of
September 30, 2015 for all Members and DROP oarticipants who
were actively emploved as of October 1. 2014. Individual Member
Share Accounts shall be credited with an allocation as provided for in
the following subsection 3. of any premium tax monies which have
been allocated to the share plan for that Plan Year, beginning with the
Plan Year ending September 30, 2015.
B. in addition, any forfeitures as provided in subsection 4., shall be
allocated to the individual Member Share Accounts in accordance
with the formula set forth in subsection 4.
3. Allocation of Monies to Share Accounts.
A. Allocation of Chapter 185 Contributions.
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u
premium tax monies shall be allocated to individual Member
Share Accounts at the end of each Plan Year on September
30 (a "valuation date").
Re-employed Retirees shall be deemed new employees and
shall receive an allocation based solely on the Credited
Service in the reemployment period.
B. Allocation of Investment Gains and Losses.
C.
On each valuation date each individual Member Share Account shall
be adjusted to reflect the net earnings or losses resulting from
investments during the year. The net earnings or losses allocated to
the individual Member Share Accounts shall be the same percentage
which is eamed or lost by the total plan investments including
realized and unrealized gains or losses, net of brokerage
commissions transaction costs and management fees.
Net earnings or losses are determined as of the last business day of
the fiscal year, which is the valuation date, and are debited or credited
as of such date.
Allocation of Costs Fees and Expenses.
No Right to Allocation.
The fact of allocation or credit of an allocation to a Member's Share
Account by the Board shall not vest in any Member, any right, title. or
13
interest in the assets of the trust or in the Chapter 185. Florida
Statutes, tax revenues except at the time or times, to the extend
su- I-6'ect to the terms and conditions provided in this Section.
E. Members and DROP participant shall be provided annual statements
setting forth their share account balance as of the end of the Plan
Year.
4. Forfeitures.
5. Eligibility For Benefits.
A. Retirement Benefit.
M A Member shall be entitled to one hundred percent (100%) of
the value of his share account upon normal or early Retirement
pursuant to Section 6. or if the Member enters the DROP,
upon termination of employment.
!Q Such payment shall be made as provided in subsection 6.
B. Termination Benefit.
f 1� In the event that a Members employment as a Police Officer
is terminated by reason other than retirement, death or
disability, he shall be entitled to receive the value of his share
account only if he is vested in accordance with Section 9.
(2) Such payment shall be made as provided in subsection 6.
C. Disability Benefit.
(1) In the event that a Member is determined to be eligible for
either an in -line of duty disability benefit pursuant to Section 8.
subsection 1. or a not -in -line of duty disability benefit pursuant
to Section 8 subsection 3 he shall be entitled to one hundred
percent (100%) of the value of his share account.
LQ Such payment shall be made as provided in subsection 6.
D. Death Benefit.
U In the event that a Member or DROP participant dies while
actively employed as a Police Officer, one hundred percent
(100%) of the value of his Member Share Account shall be
paid to his designated Beneficiary as provided in Section 7.
M Such payment shall be made as provided in subsection 6.
6. Payment of Benefits.
14
im
0
Z. Benefits Not Guaranteed.
8. Notional Account.
9. No Employer Discretion.
The share account benefit is determined pursuant to a specific formula which
does not involve employer discretion.
10. Maximum Additions.
11. IRC Limit.
The share account distribution along with other benefits payable from the
System is subject to limitation under Internal Revenue Code Section 415(b).
SECTION 10: Specific authority is hereby granted to codify and incorporate this
Ordinance in the existing Code of Ordinances of the City of Okeechobee.
SECTION 11: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 12: 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 13: That this Ordinance shall become effective upon adoption.
Introduced on first reading and set for public hearing this day of
.2015.
ATTEST:
Lane Gamiotea, City Clerk
James E. Kirk, Mayor
15
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Passed on second reading after public hearing this day of
.2015.
ATTEST:
Lane Gamiotea, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
dm/ok/pol/10-20-15.ord
James E. Kirk, Mayor
16
Exhibit 3
Law Offices Jan 19, 2016
Christiansen & Dehner, P.A.
63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240. 941-377.2200 • Fax 941.377.4848
November 6, 2015
Mr. Marcos Montes De Oca
City Administrator
City of Okeechobee
55 S.E. 3RD Avenue
Okeechobee, FL 34974-2032
Re: City of Okeechobee and Okeechobee Utility Authority Employees' Retirement
System - Proposed Ordinance
Dear Mr. Montes De Oca:
I represent the Board of Trustees of your City of Okeechobee and Okeechobee Utility
Authority Employees' Retirement System. Enclosed please find a proposed ordinance amending
the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System that has
been approved by the Board and recommended for adoption by the City Council. Based primarily
on changes to the Internal Revenue Code (IRC) and its associated Regulations, as well as guidance
from the Internal Revenue Service (IRS), the following amendments to the pension plan are
proposed:
I. Section 1, Definitions, is being amended for IRC changes and requirements, to
amend the definitions of:
a. Actuarial Equivalent - to amend the definition to incorporate the Mortality
Table currently being used by the plan's actuary
b. Credited Service - to clarify IRC regulations on leave conversions
C. Spouse - To clarify the definition in accordance with a recent US Supreme
Court ruling
2. Section 2, Membership, has been amended to limit those individuals eligible to opt -
out of the system, to comply with recent IRC Treasury Regulation requirements.
3. Section 6, Benefit amounts and eligibility, is being amended to change the Normal
Retirement Date to include IRC required language regarding Normal Retirement Age
and Normal Retirement Date.
4. Section 8, Disability, is being amended to more clearly identify those individuals who
may be eligible to apply for a disability pension who have been terminated by the
City due to medical reasons.
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Mr. Montes De Oca
November 6, 2015
Page 2
5. Section 10, Optional Forms of Benefits, has been amended to:
a. Amend the optional form of benefit known as a partial lump sum option
(PLOP), to clarify that the percentage chosen is calculated as a percent of the
total actuarial equivalent value of the member's benefit.
b. Amend subsection 2. to clarify that if proof of good health of a joint
pensioner who is being replaced is not provided, the actuary will assume that
the joint pensioner is deceased for purposes of calculating the revised benefit
amount.
6. Section 14, Maximum Pension, has had several subsections amended to comply with
IRC changes.
7. Section 15, Minimum Distribution of Benefits, is being amended for a reference
clarification in subsection 2.B.(4).
Section 25, Reemployment After Retirement, is being amended to clearly reflect
recent IRC guidance on the ability to continue to receive retirement benefits from the
system upon reemployment after normal or early retirement.
9. Section 27, Prior Government Service, subsection 5., is being amended to correct a
reference.
10. Section 28, Deferred Retirement Option Plan, is being amended in accordance with
recent direction from the IRS in connection with the issuance of several recent
Favorable Determination Letters to: i) clarify investment returns on DROP accounts,
ii) clarify when interest and earnings are calculated and paid, and iii) add several
sections clarifying the DROP provisions as required by the IRS.
I am enclosing a copy of a letter from the Board's actuary, Gabriel Roeder Smith & Company,
indicating that there is no cost associated with the adoption of this ordinance. If you 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 ul y,y,
Scott R. Christiansen
SRC/dm
enclosure
cc: Jeffrey Amrose, with enclosure
NN.rr
CM
CND Gabriel Roeder Smith & Company
%�,,,$T Consultants & Actuaries
October 28, 2015
Melisa Jahner
City of Okeechobee
55 SE 3rd Ave
Okeechobee FL 34974
One East Broward Blvd. 954.527.1616 phone
Suite 505 954.525.0083 fax
Ft. -Lauderdale. FL 33301-1804 www.pbrieltoedercom
Re: . Okeechobee and Okeechobee Utility Authority Employees' Retirement System
Actuarial Impact Statement for Proposed Ordinance
Dear Ms. Jahner:
We have reviewed the proposed ordinance amending the City of Okeechobee and Okeechobee
Utility Authority Employees' Retirement System drafted by Scott Christiansen and dated September
25, 2015. This ordinance would amend the Plan as follows:
■ Changes the definitions ofActuarial Equivalent to use a new mortality table, Credited Service to
reflect IRC changes and requirements, and spouse to reflect a Supreme Court ruling
• Limits individuals eligible to opt -out of the system, in compliance with recent IRC Treasury
Regulation requirements.
• Includes IRC required language regarding Normal Retirement Age.
• More clearly includes members terminated from the City for medical reasons who may beeligible
for a disability pension.
• For Partial Lwnp Sum Option (PLOP), clarifies that the amount is 20% of the total actuarial
equivalent value of the member's benefit.
■ Requires proof of good health of the current joint pensioner for purposes of calculating revised
benefit amounts when there is a change in joint pensioner.
• Amends maximum: pension to comply with IRC changes.
• Amends minimum distribution of benefits for a reference clarification in ,subsection 2. R (4).
• Amends reemployment after retirement to clearly reflect recent IRC guidance on the ability
to continue to receive retirement benef is from the System upon reemployment after normal
or early retirement.
• Amends prior government service to correct a reference in subsection S.
* Amends Deferred Retirement Option Plan (DROP)to clarify investment returns, when
interest and earnings are calculated and paid!, and adds clarifying language as required by
the IRS.
In our opinion, this amendment will have no actuarial impact on the Plan.
En
Melisa Jahner
City of Okeechobee
October 28, 2015
Page 2
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.
Theom P. Braccialargbe and Jeff Amrose 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,
TheoraP. Braccialarghe, FSA, MAAA
Enrolled Actuary No. I4-2826
cc: Scott Christiansen, Plan Attorney
James Mullis, Board Chair
Janet McKinley
— &/Offfflose. MAAA
Enrolled Actuary No. 14-6599
Gabriel Roeder Smith 8& Company
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)BEE AND OKEECHOBEE UTILITY AUTHORITY
EMPLOYEES' RETIREMENT SYSTEM
Impact Statement — October 28, 2015
Description of Amendment
• Changes the definitions ofActuarial Equivalent to use a new mortality table, Credited Service to reflect
IRC changes and requirements, and spouse to reflect aSupreme Court ruling.
• Limits individuals eligible to opt -out of the system, in compliance with recent IRC Treasury Regulation
requirements.
• Includes IRC required language regarding Normal RetirementAge.
a More clearly includes members terminated from the Ciry far medical reasons who may be eligible for a
disability pension.
■ For Partial Lump Sum Option (PLOP), clarifies that the amount is 20YS of the total actuarial
equivalent value of the member's benefit.
• Requires proof of good health of the currentjoint pensioner for purposes of calculating revised benefit
amounts when there is a change in joint pensioner.
■ Amends maximum pension to comply with IRC changes
■ Amends minimum distribution of benefits for a reference clarification in subsection 2.B. (4).
• Amends reemployment after retirement to clearly reflect recent IRC guidance on the ability to
continue to receive retirement benef is from the System upon reemployment after normal or
early retirement.
■ Amends prior government service to correct a reference in subsection S
• Amends Deferred Retirement Option Plan (DROP)to clarify investment returns, when interest
and earnings are calculated andpaid, and adds clarifidng language as required by the IRS.
Funding Implications of Amendment
There is no actuarial cost due to this ordinanco.
Certification of Administrator
I believe the amendment to be in compliance with Part VII, Chapter I12, Florida Statutes and Section 14,
Article X of the Constitution of the State of Florida.
For a Board of Trustees
as an Administrator
Gabriel Roeder Smith & Company
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ORDINANCE NO. 1.1M
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 2, MEMBERSHIP; AMENDING SECTION 6,
BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING
SECTION 8, DISABILITY; AMENDING SECTION 10,
OPTIONAL FORMS OF BENEFITS; AMENDING SECTION
14, MAXIMUM PENSION; AMENDING SECTION 15,
MINIMUM DISTRIBUTION OF BENEFITS; AMENDING
SECTION 25, REEMPLOYMENT AFTER RETIREMENT;
AMENDING SECTION 27, PRIOR GOVERNMENT SERVICE;
AMENDING SECTION 28, DEFERRED RETIREMENT
OPTION PLAN; PROVIDING FOR CODIFICATION; PROVID-
ING 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
majorityvote of the City Council; and properly executed bythe 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 furtheramended by amending Section 1, Definitions, to
amend the definitions of "Actuarial Equivalent", "Credited Service", and "Spouse", to read
as follows:
Actuarial Equivalent means that any benefit payable under the terms of this System
in a form other than the normal form of benefit shall have the same actuarial present value
on the date payment commences as the normal form of benefit. For purposes of
establishing the actuarial present value of any form of payment other than a lump sum
distribution, all future payments shall be discounted for interest and mortality by using
seven percent (7.0%) interest and the i994 Group Annuity RP-2000 Combined Healthy
disabled lives. This definition may only be amended by the City pursuant to the
recommendation of the Board using assumptions adopted by the Board with the advice of
the plan's actuary, such that actuarial assumptions are not subject to City discretion.
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 Member who is not vested is not
reemployed within five (5) years, his Accumulated Contributions, if more than one -
thousand dollars ($1,000.00), will be returned only upon the written request of the Member
and upon completion of a written election to receive a cash lump sum or to rollover the
lump*sum amount on forms designated by the Board. If a vested Member leaves the
employ of the City, his Accumulated Contributions will be returned upon his written request.
Upon return of his Accumulated Contributions, all of his rights and benefits under the
System are forfeited and terminated.
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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.
D. 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.
Beginning January 1, 2009, to the extent required by Section 414(u)(12) of the
Code, an individual receiving differential wage payments (as defined under Section
3401(h)(2) of the Code) from an employer shall be treated as employed by that employer,
and the differential wage payment shall be treated as compensation for purposes of
applying the limits on annual additions under Section 415(c) of the Code. This provision
shall be applied to all similarly situated individuals in a reasonably equivalent manner.
Spouse means the lawful wife or husband of a Member or Retiree Member's or
Retiree's spouse under applicable law at the time benefits become payable.
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 2, Membership,
subsections 1.13. and 1.C., to read as follows:
1. B. Notwithstanding the previous paragraph, a new employee who is
hired as the City Administrator or Administrative Assistant and a new
employee who is hired as the Executive Director of the Okeechobee
Utility Authority may, in the event he has elected to participate in
another pension program, uaon his
employment as City Administrator or Administrative Assistant or
Executive Director, notify the Board and the City of Okeechobee (with
respect to the City Administrator or Administrative Assistant) or the
Okeechobee Utility Authority (with respect to the Executive Director),
In writing, of his election to not be a Member of the System. In the
event of any such election, he shall be barred from future
membership in the System. Contributions if any, to the plan in
accordance with Section 5 shall not be required he shall not be
eligible to be elected as a Member Trustee on the Board or vote for
a Member Trustee and he shall not be eligible for any other benefits
from the plan.
C. Notwithstanding any provision herein to the contrary, any future new
elected official who is not already a Member of the System may,
upon taking office, elect to diseenttnae noti
the Board and the City of Okeechobee in writing of his election to not
be a men*ership Member of the System
In the event of such election, the elected
official shall be barred from future membership in the system.
Contributions if any, to the plan in accordance with Section 5., shall
not be required he shall not be eligible to be elected as a Member
Trustee on the Board or vote for a Member Trustee and he shall not
be eligible for any other benefits from the plan.
SECTION 3: 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 6, Benefit
Amounts and Eligibility, subsection 1., Normal Retirement Date, to read as follows:
1. Normal Retirement Age and Date.
SECTION 4: 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 8, Disability,
subsection 1., Disability Benefits, to read as follows:
Disability Benefits.
Any Memberwho shall become totally and permanentiydisabled to the extent
that he is unable, by reason of a medically determinable physical or mental impairment,
to perform the duties that the General Employee was assigned at the time of the
impairment and is unable to perform the duties of another General Employee position
which the City of Okeechobee or the Okeechobee Utility Authority makes available to him
in a similar job classification and rank at no reduction in Salary for which the General
Employee is qualified by reason of training, education, or experience, whether or not such
disability was directly caused by the performance of his duty as a General Employee. Upon
establishing the same to the satisfaction of the Board, the General Employee shall be
entitled to a monthly pension determined in the same manner as for Early Retirement set
forth in Section 6, subsection 4.13, if the benefit begins at or after age fifty-five (55), and if
the benefit begins prior to age fifty-five (55), the benefit shall be actuarially reduced for the
period prior to age fifty-five (55). Terminated persons, either vested or non -vested, are not
eligible for disability benefit , ., „ ,
__ _ _ _ _ _ ___. .. _ __. _L __J!__ LL,�
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SECTIONS: 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 10, Optional
Forms of Benefits, subsections 1.D., and 2., to read as follows:
D. For any Member who does not participate in the DROP pursuant to
Section 28, a lump sum payment payable to the Retiree equal to
twenty percent (20%) of the present total actuarial equivalent value of
the Retiree's accrued benefit at the date of retirement with the
remaining eighty percent (80%) payable to the Retiree in a form
selected by the Retiree and provided for in A. or B. or C above or in
the normal form (10 year certain and life). A Retiree who is a
participant in the Deferred Retirement Option Plan shall not be eligible
to select this partial lump sum option.
2. The Member, upon electing any option of this Section, will designate the joint
pensioner (subsection 1.,A. above) or Beneficiary (or Beneficiaries) to receive the benefit,
if any, payable under the System in the event of Member's death, and will have the power
to change such designation from time to time. Such designation will name a joint
pensioner or one or more primary Beneficiaries where applicable. If a Member has elected
an option with a joint pensioner or Beneficiary and Member's retirement income benefits
have commenced, Member may thereafter change his designated Beneficiary at any time,
but may change his joint pensioner only if the designated joint pensioner and the Member
were married at the time of Member's Retirement and are divorced subsequent thereto and
the joint pensioner is alive at the time of the change. In the absence of proof of good
SECTION 6: 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, subsections 6., 8., 12.B., and by adding subsection 13., to read as follows:
6. Less than Ten (10) Years of Participation arServiee.
The maximum retirement benefits payable underthis Section to any Member
who has completed less than ten (10) years of participation
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 Gredited Serviee
participation 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.
8. Ten Thousand Dollar ($10,000) Limit: Less Than Ten Years of Service.
Notwithstanding 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 limitation year
arm or for any prior limitation year., and the City has not at any time maintained a qualified
defined contribution plan in which the Member participated; provided, however, that if the
Member has completed less than ten (10) years of Credited Service with the City, the limit
under this subsection 8. of Section 14 shall be a reduced limit equal to ten thousand dollars
($10,000) 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).
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12. 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 671223,
Title 10, U.S. Code.
13. Effect of Direct Rollover on 415(b) Limit.
SECTION 7: 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 15, Minimum
Distribution of Benefits, subsection 2.B.(4), to read as follows:
2. B. (4) If the Member's surviving spouse is the Member's sole
designated beneficiary and the surviving spouse dies after the
Member but before distributions to the surviving spouse begin,
this subsection 2.B., other than subsection 2.B.(1), will apply
as if the surviving spouse were the Member.
For purposes of this subsection 2.13. ,
distributions are considered to begin on the Member's required
beginning date or, if subsection 2.B.(4) applies, the date of
distributions are required to begin to the surviving spouse
under subsection 2.B.(1). If annuity payments irrevocably
commence to the Member before the Member's required
beginning date (or to the Member's surviving spouse before
the date distributions are required to begin to the surviving
spouse under subsection 2.B.(1)), the date distributions are
considered to begin is the date distributions actually
commence.
SECTION 8: 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 25,
Reemployment After Retirement, subsections 2., 3., 4. and 6., to read as follows:
2. After Normal Retirement. Any Retiree who is retired under normal retirement
pursuant to this System and who is reemployed as a General Employee after that
Retirement and, by virtue of that reemployment, is eligible to participate in this System,
shall upon being reemployed continue receipt of benefits if he is at least age sixty-two (62).
additional Credited Service accrued during the subsequent employment period shall be
used in computing a second benefit amount attributable to the subsequent employment
period, which benefit amount shall be added to the benefit determined upon the initial
retirement to determine the total benefit payable upon final Retirement. Calculations of
benefits upon Retirement shall be based upon the benefit accrual rate, Average Final
Compensation, and Credited Service as of that date (not including any period of DROP
Participation) and the retirement benefit amount for any subsequent employment period
shall be based upon the benefit accrual rate, Average Final Compensation (based 0nlq`asI
and Credited Service as of the date of subsequent retirement (based only on the
subsequent employment period). The amount of any death or disability benefit received
as a result of a subsequent period of employment shall be reduced by the amount of
accrued benefit eligible to be paid for a prior period of employment. The optional form of
benefit and any joint pensioner selected upon initial retirement shall not be subject to
change upon subsequent retirement except as otherwise provided herein, but the Member
may select a different optional form and joint pensioner applicable to the subsequent
retirement benefit.
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3. Any Retiree who is retired under normal retirement pursuant to this System
and who is reemployed by the City after that Retirement and, by virtue of that
reemployment is ineligible to participate in this System, shall, during the period of such
reemplovment. continue to receive retirement benefits previously earned if he is at least
participants shall begin receipt
4. After Early Retirement. Any Retiree who is retired under early retirement
pursuant to this System and who subsequently becomes an employee of the City in any
capacity, shall discontinue receipt of benefits from the System until the earlier of
termination of employment or such time as the reemployed Retiree reaches the -date thISOL
sixty-two (62). A Retiree who returns to work under the provisions of this Section shall not
be eligible for membership in the System, and, therefore, shall not accumulate additional
Credited Service for subsequent periods of employment described in this Section, shall not
be required to make contributions to the System, nor shall he be eligible for any other
benefit other than the Retiree's early retirement benefit when he again becomes eligible
as provided herein. Retirement pursuant to an early retirement incenfive program shall be
deemed early retirement for purposes of this Section if the Member was permitted to retire
prior to the customary retirement date provided for in the System at the time of retirement.
6. DROP Participants. Members-o" Retirees who are or were in the Deferred
Retirement Option Plan shall, following termination of employment after DROP
participation, have the options provided for in this section for reemployment.
SECTION 9: 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 27, Prior
Government Service, subsection 5., to read as follows:
5. In no event, however, may Credited Service be purchased pursuant to this
Section for prior service with any other governmental agency, If such prior service forms
or will form the basis of a retirement benefit or pension from another retirement system or
plan as set forth in Section 14, subsection +i-.B 12.13.
SECTION 10: Thatthe 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 28, Deferred
Retirement Option Plan, to read as follows:
SECTION 28 DEFERRED RETIREMENT OPTION PLAN.
Definitions.
As used in this Section 28, the following definitions apply:"
A. "DROP" — The City of Okeechobee General Employees' Deferred
Retirement Option Plan.
B. "DROP Account" — The account established for each DROP
participant under subsection 3.
C "Total return of the assets" — For purposes of calculating earnings on
a Member's DROP Account pursuant to subsection 3.B.(2)(b). for
each fiscal year guarter the percentage increase (or decrease) !n the
interest and dividends eamed on investments including realized and
unrealized gains (or losses) of the total plan assets.
2. Participation.
A. Eligibility to Participate.
In lieu of terminating his employment as a General Employee, any
Member who is eligible for normal retirement under the System may
elect to defer receipt of such service retirement pension and to
participate in the DROP.
Election to Participate.
A Member's election to participate in the DROP must be made in
writing in a time and manner determined by the Board and shall be
effective on the first day of the first calendar month which is at least
fifteen (15) business days after it is received by the Board.
C. Period of Participation.
A Member who elects to participate in the DROP under subsection
2.B., shall participate in the DROP for a period not to exceed sixty
(60) months beginning at the time his election to participate in the
DROP first becomes effective. An election to participate in the DROP
shall constitute an irrevocable election to resign from the service of
the City not later than the date provided for in the previous sentence.
A Member may participate only once.
D. Termination of Participation.
(1) A Member's participation in the DROP shall cease at the
earlier of:
(a) the end of his permissible period of participation in the
DROP as determined under subsection 2.C.; or
(b) termination of his employment as a General Employee.
(2) Upon the Member's termination of participation in the DROP,
pursuant to subsection (a) above, all amounts provided for in
subsection 3.B., including monthly benefits and investment
earnings and losses or interest, shall cease to be transferred
from the System to his DROP Account. Any amounts
remaining in his DROP Account shall be paid to him in
accordance with the provisions of subsection 4. when he
terminates his employment as a General Employee.
(3) A Memberwho terminates his participation in the DROP under
this subsection 2.D. shall not be permitted to again become a
participant in the DROP.
E. Effect of DROP Particioation on the System.
(1) A Member's Credited Service and his accrued benefit under
the System shall be determined on the date his election to
participate in the DROP first becomes effective. The Member
shall not accrue any additional Credited Service or any
additional benefits under the System (except for any
supplemental benefit payable to DROP participants or any
additional benefits provided under any cost -of -living
adjustment for Retirees in the System) while he is a participant
in the DROP. After a Member commences participation, he
shall not be permitted to again contribute to the System nor
shall he be eligible for disability or pre -retirement death
benefits, except as provided for in Section 25, Reemployment
After Retirement.
(2) No amounts shall be paid to a Member from the System while
the Member is a participant in the DROP. Unless otherwise
specified in the System, if a Member's participation in the
DROP is terminated other than by terminating his employment
as a General Employee, no amounts shall be paid to him from
the System until he terminates his employment as a General
Employee. Unless otherwise specified in the System, amounts
transferred from the System to the Member's DROP Account
shall be paid directly to the Member only on the termination of
his employment as a General Employee.
3. Funding.
A. Establishment of DROP Account.
A DROP Account shall be established for each Member participating
in the DROP. A Member's DROP Account shall consist of amounts
transferred to the DROP under subsection 3.B., and earnings or
interest on those amounts.
B. Transfers From Retirement System.
(1) As of the first day of each month of a Member's period of
participation in the DROP, the monthly retirement benefit he
would have received under the System had he terminated his
employment as a General Employee and elected to receive
monthly benefit payments thereunder shall be transferred to
his DROP Account, except as otherwise provided for in
subsection 2.D.(2). A Member's period of participation in the
DROP shall be determined in accordance with the provisions
of subsections 2.C. and 2.D., but in no event shall it continue
past the date he terminates his employment as a General
Employee.
(2) Except as otherwise provided in subsection 2.D.(2), a
Member's DROP Account under this subsection 3.13. shall be
debited or credited after eaeh fiseal year quarter with either.
(a) Interest at an effective rate of six and one-half percent
(6.5%) per annum compounded monthly determined on
the last business day of the prior month's ending
balance and credited to the Member's DROP Account
as of such date (to be applicable to all current and
future DROP participants); or
(b) Earnings, to be credited or debited to the Member's
DROP Account, determined as of the last business day
of each fiscal year quarter and debited or credited as of
such date, determined as follows:
The average daily balance in a Member's DROP
Account shall be credited or debited at a rate equal to
the net investment return realized by the System for
that quarter. "Net investment return" for the purpose of
this paragraph is the total return of the assets in which
the Member's DROP Account is invested by the Board
net of brokerage commissions, transaction costs and
management fees.
Upon electing participation in the DROP, the Member
shall elect to receive either interest or earnings on his
account to be determined as provided above. The
Member may, in writing, elect to change his election
only once during his DROP participation. An election to
change must be made prior to the end of a quarter and
shall be effective beginning the following quarter.
(3) A Member's DROP Account shall only be credited or debited
with earnings or interest and monthly benefits while the
Member is a participant in the DROP. A Member's final DROP
account value for distribution to the Member upon termination
of participation in the DROP shall be the value of the account
at the end of the quarter immediately preceding termination of
participation for participants electing the net plan return and at
the end of the month immediately preceding termination of
participation for participants electing the fiat interest rate
return. plus any monthly periodic additions made to the DROP
account subsequent to the end of the previous quarter or
month, as applicable, and prior to distribution. If a Member
fails to terminate employment after participating in the DROP
for the permissible period of DROP participation, then
beginning with the Members 1st month of employment
following the last month of the permissible period of DROP
participation, the Member's DROP Account will no longer be
credited or debited with earnings or interest, nor will monthly
benefits be transferred to the DROP account. All such non -
transferred amounts shall be forfeited and continue to be
forfeited while the Member is employed by the City, and no
cost -of -living adjustments shall be applied to the Members
credit during such period of continued employment. A Member
employed by the City after the permissible period of DROP
participation will be eligible for pre -retirement death and
disability benefits, and will accrue additional Credited Service,
only as provided for in Section 25.
Distribution of DROP Accounts on Termination of Employment.
A. Eligibility for Benefits.
A Member shall receive the balance in his DROP Account in
accordance with the provisions of this subsection 4. upon his
termination of employment as a General Employee. Except as
provided in subsection 4.E., no amounts shall be paid to a Member
from the DROP prior to his termination of employment as a General
Employee.
Form of Distribution.
(1) Unless the Member elects otherwise, distribution of his DROP
Account shall be made in a lump sum, subject to the direct
rollover provisions set forth in subsection 4.F. Elections under
this paragraph shall be in writing and shall be made in such
time or manner as the Board shall determine.
(2) if a Member dies before his benefit is paid, his DROP Account
shall be paid to his Beneficiary in such optional form as his
Beneficiary may select. If no Beneficiary designation is made,
the DROP Account shall be distributed to the Member's estate.
C. Date of Payment of Distribution.
Except as otherwise provided in this subsection 4., distribution of a
Member's DROP Account shall be made as soon as administratively
practicable following the Member's termination of employment.
Distribution of the amount in a Member's DROP account will not be
made unless the Member completes a written request for distribution
and a written election, on forms designated by the Board, to either
receive a cash lump sum or a rollover of the lump sum amount.
D. Proof of Death and Right of Beneficiary or Other Person.
The Board may require and rely upon such proof of death and such
evidence of the right of any Beneficiary or other person to receive the
value of a deceased Member's DROP Account as the Board may
deem proper and Its determination of the right of that Beneficiary or
other person to receive payment shall be conclusive.
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E. Distribution Limitation.
Notwithstanding any other provision of this subsection 4., all
distributions from the DROP shall conform to the "Minimum
Distribution Of Benefits" provisions as provided for herein.
Direct Rollover of Certain Distributions.
This subsection applies to distributions made on or after January 1,
2002. Notwithstanding any provision of the DROP to the contrary, a
distributee may elect to have any portion of an eligible rollover
distribution paid in a direct rollover as otherwise provided under the
System in Section 24.
Administration of DROP.
A. Board Administers the DROP.
The general administration of the DROP, the responsibilityfor carrying
out the provisions of the DROP and the responsibility of overseeing
the investment of the DROP's assets shall be placed in the Board.
The members of the Board may appoint from their number such
subcommittees with such powers as they shall determine; may adopt
such administrative procedures and regulations as they deem
desirable for the conduct of their affairs; may authorize one or more
of their number or any agent to execute or deliver any instrument or
make any payment on their behalf, may retain counsel, employ
agents and provide for such clerical, accounting, actuarial and
consulting services as they may require in carrying out the provisions
of the DROP; and may allocate among themselves or delegate to
other persons all or such portion of their duties under the DROP,
other than those granted to them as Trustee under any trust
agreement adopted for use in implementing the DROP, as they, in
their sole discretion, shall decide. A Trustee shall not vote on any
question relating exclusively to himself.
B. Individual Accounts. Records and Reports.
The Board shall maintain records showing the operation and condition
of the DROP, including records showing the individual balances in
each Member's DROP Account, and the Board shall keep in
convenient form such data as may be necessary for the valuation of
the assets and liabilities of the DROP. The Board shall prepare and
distribute to Members participating in the DROP and other individuals
or file with the appropriate governmental agencies, as the case may
be, all necessary descriptions, reports, information returns, and data
required to be distributed or filed for the DROP pursuant to the Code
and any other applicable laws.
C. Establishment of Rules.
Subject to the limitations of the DROP, the Board from time to time
shall establish rules for the administration of the DROP and the
transaction of its business. The Board shall have discretionary
authorityto construe and interpretthe DROP (including but not limited
to determination of an individual's eligibility for DROP participation,
the right and amount of any benefit payable under the DROP and the
date on which any individual ceases to be a participant in the DROP).
The determination of the Board as to the interpretation of the DROP
or its determination of any disputed questions shall be conclusive and
final to the extent permitted by applicable law.
D. Limitation of Liability.
(1) The Trustees shall not incur any liability individually or on
behalf of any other individuals for any act or failure to act,
made in good faith in relation to the DROP or the funds of the
DROP.
(2) Neither the Board nor any Trustee of the Board shall be
responsible for any reports furnished by any expert retained or
employed by the Board, but they shall be entitled to rely
10
On
M
thereon as well as on certificates furnished by an accountant
or an actuary, and on all opinions of counsel. The Board shall
be fully protected with respect to any action taken or suffered
by it in good faith in reliance upon such expert, accountant,
actuary or counsel, and all actions taken or suffered in such
reliance shall be conclusive upon any person with any interest
in the DROP.
6. General Provisions.
A.
The DROP is not a separate retirement plan.
B. Notional account.
The DROP Account established for such a Member is a notional
account, used only for the purpose of calculation of the DROP
distribution amount. It is not a separate account in the System.
There is no change in the System's assets and there is no distribution
available to the Member until the Member's termination from the
DROP. The Member has no control over the investment of the DROP
account.
C. No emplover discretion.
The DROP benefit is determined pursuant to a specific formula which
does not involve employer discretion.
D. IRC limit.
The DROP Account distribution, along with other benefits payable
from the System is subject to limitation under Internal Revenue Code
Section 415(b).
(A E) Amendment of DROP.
The DROP may be amended by an ordinance of the City at any time
and from time- to time, and retroactively if deemed necessary or
appropriate, to amend in whole or in part any or all of the provisions
of the DROP. However, except as otherwise provided by law, no
amendment shall make it possible for any part of the DROP's funds
to be used for, or diverted to, purposes other than for the exclusive
benefit of persons entitled to benefits under the DROP. No
amendment shall be made which has the effect of decreasing the
balance of the DROP Account of any Member.
0 F. Facility of Payment.
If a Member or other person entitled to a benefit under the DROP is
unable to care for his affairs because of illness or accident or is a
minor, the Board shall direct that any benefit due him shall be made
only to a duly appointed legal representative. Any payment so made
shall be a complete discharge of the liabilities of the DROP for that
benefit.
G G. Information.
Each Member, Beneficiaryorother person entitled'to a benefit, before
any benefit shall be payable to him or on his account under the
DROP, shall file with the Board the information that it shall require to
establish his rights and benefits under the DROP.
11
rn
B H. Prevention of Escheat.
If the Board cannot ascertain the whereabouts of any person to whom
a payment is due under the DROP, the Board may, no earlier than
three (3) years from the date such payment is due, mail a notice of
such due and owing payment to the last known address of such
person, as shown on the records of the Board or the City. If such
person has not made written claim therefor Within three (3) months of
the date of the mailing, the Board may, if it so elects and upon
receiving advice from counsel to the System, direct that such payment
and all remaining payments otherwise due such person be canceled
on the records of the System. Upon such cancellation, the System
shall have no further liability therefor except that, in the event such
person or his Beneficiary later notifies the Board of his whereabouts
and requests the payment or payments due to him under the DROP,
the amount so applied shall be paid to him in accordance with the
provisions of the DROP.
E I. Written Elections. Notification.
(1) Any elections, notifications or designations made by a Member
pursuant to the provisions of the DROP shall be made in
writing and filed with the Board in a time and manner
determined by the Board under rules uniformly applicable to all
employees similarly situated. The Board reserves the right to
change from time to time the manner for making notifications,
elections or designations by Members under the DROP if it
determines after due deliberation that such action is justified in
that it improves the administration of the DROP. In the event
of a conflict between the provisions for making an election,
notification or designation set forth in the DROP and such new
administrative procedures, those new administrative
procedures shall prevail.
(2) Each Member or Retiree who has a DROP Account shall be
responsible for furnishing the Board with his current address
and any subsequent changes in his address. Any notice
required to be given to a Memberor Retiree hereundershall be
deemed given if directed to him at the last such address given
to the Board and mailed by registered or certified United States
mail. If any check mailed by registered or certified United
States mail to such address is returned, mailing of checks will
be suspended until such time as the Member or Retiree
notifies the Board of his address.
E J. Benefits Not Guaranteed.
All benefits payable to a Member from the DROP shall be paid only
from the assets of the Member's DROP Account and neither the City
nor the Board shall have any duty or liability to furnish the DROP with
any funds, securities or other assets except to the extent required by
any applicable law.
@ _K. Construction.
(1) The DROP shall be construed, regulated and administered
under the. laws of Florida, except where other applicable law
controls.
(2) The titles and headings of the subsections in this Section 28
are for convenience only. In the case of ambiguity or
inconsistency, the text rather than the titles or headings shall
control.
H L. Forfeiture of Retirement Benefits.
Nothing in this Section shall be construed to remove DROP
participants from the application of anyforfeiture provisions applicable
to the System. DROP participants shall be subject to forfeiture of all
retirement benefits, including DROP benefits.
12
+ M. Effect of DROP Participation on Employment.
Participation in the DROP is not a guarantee of employment and
DROP participants shall be subject to the same employment
standards and policies that are applicable to employees who are not
DROP participants.
SECTION 11: Specific authority is hereby granted to codify and incorporate this
Ordinance in the existing Code of Ordinances of the City of Okeechobee.
SECTION 12: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 13: 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, orphrases underapplication shall notbe affected thereby.
SECTION 14: That this Ordinance shall become effective upon adoption.
Introduced on first reading and set for public hearing this day of
.2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
Passed on second reading after public hearing this day of
.2015.
ATTEST:
Lane Gamiotea, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
dmloWgeN10-20-15.ord
James E. Kirk, Mayor
13
Exhibit 4
Law Offices Jan 19, 2016
Christiansen & Dehnelr, P.A.
63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240. 941.377-2200 • Fax 941.377-4848
November 6, 2015
Mr. Marcos Montes De Oca
City Administrator
City of Okeechobee
55 S.E. 3RD Avenue
Okeechobee, FL 34974-2032
Re: City of Okeechobee Municipal Firefighters' Pension Fund - Proposed Ordinance
Dear Mr. Montes De Oca:
I represent the Board of Trustees of your City of Okeechobee Municipal Firefighters'
Pension Fund. Enclosed please find a proposed ordinance amending the City of Okeechobee
Municipal Firefighters' Pension Fund that has been approved by the Board and recommended for
adoption by the City Council. With the recent adoption by the Florida Legislature of Chapter 2015-
39, Laws of Florida, and changes to the Internal Revenue Code (IRC) and its associated Regulations,
as well as guidance from the Internal Revenue Service (IRS), the following amendments to the
pension plan are proposed:
1. Section 1, Definitions, is being amended for IRC changes and requirements, to
amend the definitions of:
a. Actuarial Equivalent - to amend the definition to incorporate the Mortality
Table currently being used by the plan's actuary
b. Credited Service - to clarify IRC regulations on leave conversions
C. Firefigliter - to update a reference in Florida Statutes.
d. Spouse - To clarify the definition in accordance with a recent US Supreme.
Court ruling
2. Section 6, Benefit amounts and eligibility, is being amended to change the Normal
Retirement Dateto include IRC required language regarding Normal Retirement Age
and Normal Retirement Date.
3. Section 8, Disability, is being amended to more clearly identify those individuals who
may be eligible to apply for a disability pension who have been terminated by the
City due to medical reasons.
4. Section 10, Optional Forms of Benefits, has been amended to:
n
cm
Ms. Montes De Oca
November 6, 2015
Page 2
Amend the optional form of benefit known as a partial lump sum option
(PLOP), to clarify that the percentage chosen is calculated as a percent of the
total actuarial equivalent value of the member's benefit.
b. Amend subsection 2. to clarify that if proof of good health of a joint
pensioner who is being replaced is not provided, the actuary will assume that
the joint pensioner is deceased for purposes of calculating the revised benefit
amount.
5. Section 15, Maximum Pension, has had several subsections amended to comply with
IRC changes.
6. Section 16, Minimum Distribution of Benefits, is being amended for a reference
clarification in subsection 2.B.(4).
7. Section 27, Prior Fire Service, subsection 5., is being amended to correct a reference.
8. Section 28, Deferred Retirement Option Plan, is being amended in accordance with
recent direction from the IRS in connection with the issuance of several recent
Favorable Determination Letters to: i) clarify investment returns on DROP accounts,
ii) clarify when interest and earnings are calculated and paid, and iii) add several
sections clarifying the DROP provisions as required by the IRS.
9. Section 30, Supplemental Benefit Component for Special Benefits; Chapter 175
Share Accounts, is a new Section being added to the plan. This Section creates a
'Share Plan', or defined contribution component, and the addition of a share plan is
a requirement of recently adopted Chapter 2015-39, Laws of Florida, for all pension
plans that are subject to the provisions of Chapters 175 and 185, Florida Statutes.
This Share Plan provides for a share account for each member of the plan. The Share
Plan is to be funded solely and entirely by Chapter 175, Florida Statutes, premium
tax monies for each plan year that funding is made available to it in accordance with
governing Florida Statutes and/or mutual agreement between the City and the plan
members. This supplemental benefit, therefore, may or may not be funded.
If the share plan is funded, at retirement, termination (vested), disability or death,
there is an additional lump sum benefit paid to the eligible member. In this ordinance
available share plan funding is allocated to the members' accounts based on a formula
which provides an allocation based on years of credited service. Other allocation
methods (i.e. equal allocation) could be considered if requested by the plan
membership. Each share account receives its proportionate share of the income or
loss on the assets in the plan.
CM
Ms. Montes De Oca
November 6, 2015
Page 3
I ain enclosing a copy of a letter from the Board's actuary, Gabriel Roeder Smith & Company,
indicating that there is no cost associated with the adoption of this ordinance. If you 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 ly,
Scott R. Christiansen
SRC/dm
enclosure
cc: Janet McKinely
cm
cm
G S eR Gabriel Roeder Smith &Company
Consultants & Actuaries
October 28, 2015
Mr. Glenn Hodges
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, FL 349744221
Re: Okeechobee Municipal Firefighters' Pension Fund
Actuarial Impact Statement for Proposed Ordinance
Dear Glenn:
One East Broward Blvd. 954.527.1616 phone
Suite 505 ' 954.525.0083 fax
Ft. Lauderdale, FL 33301-1804 www.gabdelroedercom
We have reviewed the proposed ordinance amending the Okeechobee Municipal Firefighters' Pension Fund
drafted by Scott Christiansen and dated September 25, 2015. This ordinance would amend the Plan as
follows:
■ Changes the definitions ofActuarial Equivalent to use a new mortality table, Credited Service to
reflect IRC changes and requirements, and spouse to reflect a Supreme Court ruling.
■ Includes IRC required language regarding Normal Retirement Age.
■ More clearly includes members terminated from the City for medical reasons who may be eligible
for a disability pension.
■ For Partial Lump Sum Option (PLOP), clarifies that the amount is 20% of the total actuarial
equivalent value of the member's benefit.
■ Requires proof of good health of the current joint pensioner for purposes of calculating revised
benefit amounts when there is a change in joint pensioner.
■ Amends maximum pension to comply with IRC changes.
• Amends minimum distribution of benefits for a reference clarification in subsection 23. (4).
■ Amends prior fire service to correct a reference in subsection S.
• Amends Deferred Retirement Option Plan (DROP)to clarify investment returns, when
interest and earnings are calculated and paid, and adds clarifying language as required by
the IRS.
• Creates a Share Plan as a Supplemental Benefit Component for Special Benefits funded
by Chapter 175, Florida Statutes.
In our opinion, this amendment will have no actuarial impact on the Plan.
En
Mr. Glenn Hodges
City of Okeechobee
October 28, 2015
Page 2
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.
Theora Braccialarghe and Jeff Amrose 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, FSA, MAAA
Enrolled Actuary No. 14-2826
cc: Scott Christiansen, Plan Attorney
John Koepke, Board Chair
'Janet McK nley
eff Aflose, NIAAA
Enrolled Actuary No. 14-6599
Gabriel Roeder Smith & Company
En
M
Description of Amendment
MUNICIPAL FIREFIGHTERS' PENSION FUND
Impact Statement — October 28, 2015
The proposed ordinance amends the plan as follows:
■ Changes the definitions ofActuarial Equivalent to use a new mortality table, Credited Service to
reflect IRC changes and requirements, and spouse to reflect a Supreme Court ruling.
■ Includes IRC required language regarding Normal Retirement Age.
■ More clearly includes members terminated from the City for medical reasons who may be eligible
for a disability pension.
■ For Partial Lump Sum Option (PLOP), clarifies that the amount is 20% of the total actuarial
equivalent value of the member's benefit.
■ Requires proof of good health of the cw rent joint pensioner for purposes of calculating revised
benefit amounts when there is a change in joint pensioner.
■ Amends maximum pension to comply with IRC changes.
■ Amends minimum distribution of benefits fora reference clarification in subsection 2.B. (4).
■ Amends prior fire service to correct a reference in subsection 5.
• Amends Deferred Retirement Option Plan (DROP) to clam investment returns, when
interest and earnings are calculated and paid, and adds claming language as required by
the IRS.
■ Creates a Share Plait as a Supplemental Benefit Component for Special Benefits funded
by Chapter 175, Florida Statutes.
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.
Jlr�'J�t�
For(0e, Board of Trustees
as Plan Administrator
Gabriel Roeder Smith & Company
i
TMM
ORDINANCE NO. 1133
AN ORDINANCE OF THE CITY OF OKEECHOBEE
FURTHER AMENDING THE CITY OF OKEECHOBEE
MUNICIPAL FIREFIGHTERS' PENSION FUND, ADOPTED
PURSUANT TO ORDINANCE 889, AS SUBSEQUENTLY
AMENDED; AMENDING SECTION 1, DEFINITIONS;
AMENDING SECTION 6, BENEFIT AMOUNTS AND
ELIGIBILITY; AMENDING SECTION 8, DISABILITY;
AMENDING SECTION 10, OPTIONAL FORMS OF
BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION;
AMENDING SECTION 16, MINIMUM DISTRIBUTION OF
BENEFITS; AMENDING SECTION 27, PRIOR FIRE
SERVICE; AMENDING SECTION 28, DEFERRED
RETIREMENT OPTION PLAN; ADDING SECTION 30,
SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA
BENEFITS; CHAPTER 175 SHARE ACCOUNTS;
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
majorityvote of the City Council; and properly executed bythe Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by amending Section 1, Definitions, to amend the definitions of "Actuarial
Equivalent", "Credited Service", "Firefighter" and "Spouse", to read as follows:
Actuarial Equivalent means that any benefit payable under the terms of this
System in a form other than the normal form of benefit shall have the same actuarial
present value on the date payment commences as the normal form of benefit. For
purposes of establishing the actuarial present value of any form of payment other than a
lump sum distribution, all future payments shall be discounted for interest and mortality by
using seven percent (7%) interest and the 1994 Group A RP-2000 Combined
Healthy Participant Mortality Table, proiected to 2015 using projection scale AA. using a
for disabled lives. This definition may only be amended by the City pursuant to the
recommendation of the Board using assumptions adopted by the Board with the advice of
the plan's actuary, such that actuarial assumptions are not subject to City discretion.
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 retumed only upon the written request of the Member and upon completion of a written
election to receive a cash lump sum or to rollover the lump sum amount on forms
designated by the Board. Upon return of a Member's Accumulated Contributions, all of his
rights and benefits under the System are forfeited and terminated. Upon any
reemployment, a Firefighter shall not receive credit for the years and fractional parts of
years of service for which he has withdrawn his Accumulated Contributions from the Fund,
unless the Firefighter repays into the Fund the contributions he has withdrawn, with
interest, as determined by the Board, within ninety (90) days after his reemployment.
The years or fractional parts of a year that a Member 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.
B. The Member returns to his employment as a Firefighterwithin one (1)
yearfrom 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.
Beginning January 1, 2009, to the extent required by Section 414(u)(12) of the
Code, an individual receiving differential wage payments (as defined under Section
3401(h)(2) of the Code) from an employer shall be treated as employed by that employer,
and the differential wage payment shall be treated as compensation for purposes of
applying the limits on annual additions under Section 415(c) of the Code. This provision
shall be applied to all similarly situated individuals in a reasonably equivalent manner.
Firefighter means an actively employed full-time person employed by the City,
including his initial probationary employment period, who is certified as a Firefighter as a
condition of employment in accordance with the provisions of §633.35 633.408, Florida
Statutes, and whose duty it is to extinguish fires, to protect life and to protect property. The
term includes all certified, supervisory, and command personnel whose duties include, in
whole or in part, the supervision, training, guidance, and management responsibilities of
full-time firefighters, part-time firefighters, or auxiliaryfirefighters but does not include part-
time firefighters or auxiliary firefighters.
Spouse means the Members
or Retiree's spouse under applicable law at the time benefits become payable.
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 6, Benefit Amounts and Eligibility, subsection 1., Normal
Retirement Date, to read as follows:
1. Normal Retirement AQe and Date.
SECTION 3: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by amending Section 8, Disability, subsection 1., Disability Benefits In -Line of
Duty, and subsection 3., Disability Benefits Not -in -Line of Duty, to read as follows:
Disability Benefits In -Line of Duty.
Any Memberwho shall become totally and permanently disabled to the extent
that he is unable, by reason of a medically determinable physical or mental impairment,
to render useful and efficient service as a Firefighter, which disability was directly caused
by the performance of his duty as a Firefighter, shall, upon establishing the same to the
satisfaction of the Board, be entitled to a monthly pension equal to three percent (3%) of
his Average Final Compensation multiplied by the total years of Credited Service, but in
any event, the minimum amount paid to the Member shall be forty-two percent (42%) of
the Average Final Compensation of the Member. Terminated persons, either vested or
nnn-vested_ are not eliaible for disabilitv benefits. exe
3. Disability Benefits Not -in -Line of Duty.
Any Member with five (6) or more years of Credited Service who shall
become totally and permanently disabled to the extent that he is unable, by reason of a
medically determinable physical or mental impairment, to render useful and efficient
service as a Firefighter, which disability is not directly caused by the performance of his
duties as a Firefighter shall, upon establishing the same to the satisfaction of the Board,
be entitled to a monthly pension equal to the greater of (i) or (ii) where (i) is two percent
(2%) of Average Final Compensation multiplied by the total years of Credited Service and
(ii) is a benefit determined in the same manner as for early retirement as set forth in
Section 6, subsection 46, providing for an actuarial reduction. In any event, the minimum
amount paid to the Member shall be twenty-five percent (25%) of his Average Final
Compensation. Terminated persons, either vested or non -vested, are not eligible for
SECTION 4: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by amending Section 10, Optional Forms of Benefits, subsections 1.D. and 2.,
to read as follows:
D. For any Member who does not participate in the DROP pursuant to
Section 28, a lump sum payment payable to the Retiree equal to
twenty percent (20%) of the present total actuarial equivalent value of
the Retiree's accrued benefit at the date of retirement with the
remaining eighty percent (80%) payable to the Retiree in a form
selected by the Retiree and provided for in A,, or B or C above or in
the normal form (10 year certain and life). A Retiree who is a
participant in the Deferred Retirement Option Plan shall not be eligible
to select this partial lump sum option.
2. The Member, upon electing any option of this Section, will designate the joint
pensioner (subsection 1.A. above) or Beneficiary (or Beneficiaries) to receive the benefit,
if any, payable under the System in the event of Member's death, and will have the power
to change such designation from time to time. Such designation will name a joint
pensioner or one (1) or more primary Beneficiaries where applicable. A Member may
change his Beneficiary at any time. If a Member has elected an option with a joint
pensioner and the Member's retirement income benefits have commenced, the Member
may thereafter change his designated Beneficiary at any time, but my only change his joint
pensioner twice. Subject to the restriction in the previous sentence, a Member may
substitute a new joint pensioner for a deceased joint pensioner. In the absence of proof
SECTION 5: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by amending Section 15, Maximum Pension, subsections 6., 8., 12.B., and by
adding subsection 13., to read as follows:
6. Less than Ten (10) Years of Participation arSer&,e.
The maximum retirement benefits payable under this Section to any Member
who has completed less than ten (10) years of Gredited SeMee with the Gity participation
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 Oredited SeMee
participation 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.
8. Ten Thousand Dollar ($10 000) Limit: Less Than Ten Years of Service.
Notwithstanding 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 limitation year
and or for any prior limitation year, and the City has not at any time maintained a qualified
defined contribution plan in which the Member participated; provided, however, that if the
Member has completed less than ten (10) years of Credited Service with the City, the limit
underthis subsection 8. of Section 15 shall be a reduced limit equal to ten thousand dollars
($10,000) 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).
CM
12. 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 671223,
Title 10, U.S. Code.
13. Effect of Direct Rollover on 415(b) Limit.
SECTION 6: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by amending Section 16, Minimum Distribution of Benefits, subsection 2.B.(4),
to read as follows:
2. B. (4) If the Member's surviving spouse is the Member's sole
designated beneficiary and the surviving spouse dies after the
Member but before distributions to the surviving spouse begin,
this subsection 2.B., other than subsection 2.B.(1), will apply
as if the surviving spouse were the Member.
For purposes of this subsection 2.6. ,
distributions are considered to begin on the Member's required
beginning date or, if subsection 2.B.(4) applies, the date of
distributions are required to begin to the surviving spouse
under subsection 2.13.(1). If annuity payments irrevocably
commence to the Member before the Member's required
beginning date (or to the Member's surviving spouse before
the date distributions are required to begin to the surviving
spouse under subsection 2.13.(1)), the date distributions are
considered to begin is the date distributions actually
commence.
SECTION 7: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by amending Section 27, Prior Fire Service, subsection 5., to read as follows:
5. In no event, however, may Credited Service be purchased pursuant to this
Section for prior service with anyother municipal, county or special districtfire department,
if such prior service forms or will form the basis of a retirement benefit or pension from a
different employer's retirement system or plan as set forth in Section 15, subsection i 1.13.
12.13.
SECTION 8: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by amending Section 28, Deferred Retirement Option Plan, to read as follows:
SECTION 28. DEFERRED RETIREMENT OPTION PLAN.
Definitions.
As used in this Section 28, the following definitions apply:"
A. "DROP"— The City of Okeechobee Firefighters' Deferred Retirement
Option Plan.
14111111110'
B. "DROP Account" -- The account established for each DROP
participant under subsection 3.
C "Total return of the assets" -- For purposes of calculating earnings on
a Member's DROP Account oursuant to subsection 3.13.(2)(b). for
each fiscal year quarter, the percentage increase (or decrease) in the
interest and dividends earned on investments including realized and
unrealized gains (or losses) of the total plan assets.
2. Participation.
A. Eligibility to Participate.
In lieu of terminating his employment as a Firefighter, any Member
who is eligible for normal retirement under the System may elect to
defer receipt of such service retirement pension and to participate in
the DROP.
B. Election to Participate.
A Members election to participate in the DROP must be made in
writing in a time and manner determined by the Board and shall be
effective on the first day of the first calendar month which is at least
fifteen (15) business days after it is received by the Board.
C. Period of Participation.
A Member who elects to participate in the DROP under subsection
2.B., shall participate in the DROP for a period not to exceed sixty
(60) months beginning at the time his election to participate in the
DROP first becomes effective. An election to participate in the DROP
shall constitute an irrevocable election to resign from the service of
the City not later than the date provided for in the previous sentence.
A Member may participate only once.
D. Termination of Participation.
(1) A Member's participation in the DROP shall cease at the
earlier of:
(a) the end of his permissible period of participation in the
DROP as determined under subsection 2.C.; or
(b) termination of his employment as a Firefighter.
(2) Upon the Member's termination of participation in the DROP,
pursuant to subsection (a) above, all amounts provided for in
subsection 3.B., including monthly benefits and investment
earnings and losses or interest, shall cease to be transferred
from the System to his DROP Account. Any amounts
remaining in his DROP Account shall be paid to him in
accordance with the provisions of subsection 4. when he
terminates his employment as a Firefighter.
(3) A Member who terminates his participation in the DROP under
this subsection 2.D. shall not be permitted to again become a
participant in the DROP.
E. Effect of DROP Participation on the System.
(1) A Member's Credited Service and his accrued benefit under
the System shall be determined on the date his election to
participate in the DROP first becomes effective. The Member
shall not accrue any additional Credited Service or any
additional benefits under the System (except for any
supplemental benefit payable to DROP participants or any
additional benefits provided under any cost -of -living
adjustment for Retirees in the System) while he is a participant
in the DROP. After a Member commences participation, he
shall not be permitted to again contribute to the System nor
shall he be eligible for disability or pre -retirement death
benefits, except as provided for in Section 29, Reemployment
After Retirement.
(2) No amounts shall be paid to a Memberfrom the System while
the Member is a participant in the DROP. Unless otherwise
specified in the System, if a Member's participation in the
DROP is terminated other than by terminating his employment
as a Firefighter, no amounts shall be paid to him from the
System until he terminates his employment as a Firefighter.
Unless otherwise specified in the System, amounts transferred
from the System to the Member's DROP Account shall be paid
directly to the Member only on the termination of his
employment as a Firefighter.
3. Fundino.
A. Establishment of DROP Account.
A DROP Account shall be established for each Member participating
in the DROP. A Member's DROP Account shall consist of amounts
transferred to the DROP under subsection 3.B., and earnings or
interest on those amounts.
B. Transfers From Retirement System.
(1) As of the first day of each month of a Member's period of
participation in the DROP, the monthly retirement benefit he
would have received under the System had he terminated his
employment as a Firefighter and elected to receive monthly
benefit payments thereunder shall be transferred to his DROP
Account, except as otherwise provided for in subsection
2.D.(2). A Member's period of participation in the DROP shall
be determined in accordance with the provisions of
subsections 2.C. and 2.D., but in no event shall it continue past
the date he terminates his employment as a Firefighter.
(2) Except as otherwise provided in subsection 2.D.(2), a
Member's DROP Account under this subsection 3.13. shall be
debited or credited after eaeh fiseal year quarter with either:
(a) Interest at an effective rate of six and one-half percent
(6.5%) perannum compounded monthly determined on
the last business day of the prior month's ending
balance and credited to the Member's DROP Account
as of such date (to be applicable to all current and
future DROP participants); or
(b) Earnings, to be credited or debited to the Member's
DROP Account, determined as of the last business day
of each fiscal year quarter and debited or credited as of
such date, determined as follows:
The average daily balance in a Member's DROP
Account shall be credited or debited at a rate equal to
the net investment return realized by the System for
that quarter. "Net investment return" for the purpose of
this paragraph is the total return of the assets in which
the Member's DROP Account is invested by the Board
net of brokerage commissions, transaction costs and
management fees.
"err+' V"W
Upon electing participation in the DROP, the Member shall
elect to receive either interest or earnings on his account to be
determined as provided above. The Member may, in writing,
elect to change his election only once during his DROP
participation. An election to change must be made prior to the
end of a quarter and shall be effective beginning the following
quarter.
(3) A Member's DROP Account shall only be credited or debited
with earnings or interest and monthly benefits while the
Member is a participant in the DROP. A Member's final DROP
account value for distribution to the Member upon termination
of participation in the DROP shall be the value of the account
at the end of the quarter immediately preceding termination of
participation for participants electing the net plan return and at
the end of the month immediately preceding termination of
participation for participants electing the flat interest rate
return, plus any monthly periodic additions made to the DROP
account subsequent to the end of the previous quarter or
month, as applicable. and prior to distribution. If a Member
fails to terminate employment after participating in the DROP
for the permissible period of DROP participation, then
beginning with the Member's 1st month of employment
following the last month of the permissible period of DROP
participation, the Member's DROP Account will no longer be
credited or debited with earnings or interest, nor will monthly
benefits be transferred to the DROP account. All such non -
transferred amounts shall be forfeited and continue to be
forfeited while the Member is employed by the Fire
Department, and no cost -of -living adjustments shall be applied
to the Member's credit during such period of continued
employment. A Member employed by the Fire Department
after the permissible period of DROP participation will be
eligible for pre -retirement death and disability benefits, and will
accrue additional Credited Service, only as provided for in
Section 29.
4. Distribution of DROP Accounts on Termination of Employment.
A. Eligibility for Benefits.
A Member shall receive the balance in his DROP Account in
accordance with the provisions of this subsection 4. upon his
termination of employment as a Firefighter. Except as provided in
subsection 4.E., no amounts shall be paid to a Member from the
DROP prior to his termination of employment as a Firefighter.
B. Form of Distribution.
(1) Unless the Member elects otherwise, distribution of his DROP
Account shall be made in a lump sum, subject to the direct
rollover provisions set forth in subsection 4.F. Elections under
this paragraph shall be in writing and shall be made in such
time or manner as the Board shall determine.
(2) If a Member dies before his benefit is paid, his DROP Account
shall be paid to his Beneficiary in such optional form as his
Beneficiary may select. If no Beneficiary designation is made,
the DROP Account shall be distributed to the Member's estate.
C. Date of Payment of Distribution.
Except as otherwise provided in this subsection 4., distribution of a
Members DROP Account shall be made as soon as administratively
practicable following the Members termination of employment.
Distribution of the amount in a Member's DROP account will not be
made unless the Member completes a written request for distribution
and a written election, on forms designated by the Board, to either
receive a cash lump sum or a rollover of the lump sum amount.
NOW
D. Proof of Death and Right of Beneficiary or Other Person.
The Board may require and rely upon such proof of death and such
evidence of the right of any Beneficiary or other person to receive the
value of a deceased Member's DROP Account as the Board may
deem proper and its determination of the right of that Beneficiary or
other person to receive payment shall be conclusive.
E. Distribution Limitation.
Notwithstanding any other provision of this subsection 4., all
distributions from the DROP shall conform to the Minimum
Distribution Of Benefits" provisions as provided for herein.
F. Direct Rollover of Certain Distributions.
This subsection applies to distributions made on or after January 1,
2002. Notwithstanding any provision of the DROP to the contrary, a
distributee may elect to have any portion of an eligible rollover
distribution paid in a direct rollover as otherwise provided under the
System in Section 26.
5. Administration of DROP.
A. Board Administers the DROP.
The general administration of the DROP, the responsibility for carrying
out the provisions of the DROP and the responsibility of overseeing
the investment of the DROP's assets shall be placed in the Board.
The members of the Board may appoint from their number such
subcommittees with such powers as they shall determine; may adopt
such administrative procedures and regulations as they deem
desirable for the conduct of their affairs; may authorize one or more
of their number or any agent to execute or deliver any instrument or
make any payment on their behalf; may retain counsel, employ
agents and provide for such clerical, accounting, actuarial and
consulting services as they may require in carrying out the provisions
of the DROP; and may allocate among themselves or delegate to
other persons all or such portion of their duties under the DROP,
other than those granted to them as Trustee under any trust
agreement adopted for use in implementing the DROP, as they, in
their sole discretion, shall decide. A Trustee shall not vote on any
question relating exclusively to himself.
B. Individual Accounts, Records and Reports.
The Board shall maintain records showing the operation and condition
of the DROP, including records showing the individual balances in
each Member's DROP Account and the Board shall keep in
convenient form such data as may be necessary for the valuation of
the assets and liabilities of the DROP. The Board shall prepare and
distribute to Members participating in the DROP and other individuals
or file with the appropriate governmental agencies, as the case may
be, all necessary descriptions, reports, information returns, and data
required to be distributed or filed for the DROP pursuant to the Code
and any other applicable laws.
C. Establishment of Rules.
Subject to the limitations of the DROP, the Board from time to time
shall establish rules for the administration of the DROP and the
transaction of its business. The Board shall have discretionary
authority to construe and interpret the DROP (including but not limited
to determination of an individual's eligibility for DROP participation,
the right and amount of any benefit payable under the DROP and the
date on which any individual ceases to be a participant in the DROP).
The determination of the Board as to the interpretation of the DROP
or its determination of any disputed questions shall be conclusive and
final to the extent permitted by applicable law.
M
M
A
Limitation of Liabili
(1) The Trustees shall not incur any liability individually or on
behalf of any other individuals for any act or failure to act,
made in good faith in relation to the DROP or the funds of the
DROP.
(2) Neither the Board nor any Trustee of the Board shall be
responsible for any reports furnished by any expert retained or
employed by the Board, but they shall be entitled to rely
thereon as well as on certificates furnished by an accountant
or an actuary, and on all opinions of counsel. The Board shall
be fully protected with respect to any action taken or suffered
by it in good faith in reliance upon such expert, accountant,
actuary or counsel, and all actions taken or suffered in such
reliance shall be conclusive upon any person with any interest
in the DROP.
6. General Provisions.
A. The DROP is not a separate retirement clan.
B.
Notional account.
The DROP Account established for such a Member is a notional
account used only for the purpose of calculation of the DROP
distribution amount it is not a separate account in the System.
There is no change in the System's assets, and there is no distribution
available to the Member until the Members termination from the
DROP. The Member has no control over the investment of the DROP
account.
C. No employer discretion.
The DROP benefit is determined pursuant to a speck formula which
does not involve employer discretion.
D. IRC limit.
The DROP Account distribution, along with other benefits payable
from the System is subject to limitation under Internal Revenue Code
Section 415(b).
(A E) Amendment of DROP.
The DROP may be amended by an ordinance of the City at any time
and from time to time, and retroactively if deemed necessary or
appropriate, to amend in whole or in part any or all of the provisions
of the DROP. However, except as otherwise provided by law, no
amendment shall make it possible for any part of the DROP's funds
to be used for, or diverted to, purposes other than for the exclusive
benefit of persons entitled to benefits under the DROP. No
amendment shall be made which has the effect of decreasing the
balance of the DROP Account of any Member.
OF. Facility of Payment.
If a Member or other person entitled to a benefit under the DROP is
unable to care for his affairs because of illness or accident or is a
minor, the Board shall direct that any benefit due him shall be made
only to a duly appointed legal representative. Any payment so made
10
shall be a complete discharge of the liabilities of the DROP for that
benefit.
E G. Information.
Each Member, Beneficiary or other person entitled to a benefit, before
any benefit shall be payable to him or on his account under the
DROP, shall file with the Board the information that it shall require to
establish his rights and benefits under the DROP.
D H. Prevention of Escheat.
If the Board cannot ascertain the whereabouts of any person to whom
a payment is due under the DROP, the Board may, no earlier than
three (3) years from the date such payment is due, mail a notice of
such due and owing payment to the last known address of such
person, as shown on the records of the Board or the City. If such
person has not made written claim therefor within three (3) months of
the date of the mailing, the Board may, if it so elects and upon
receiving advice from counsel to the System, direct that such payment
and all remaining payments otherwise due such person be canceled
on the records of the System. Upon such cancellation, the System
shall have no further liability therefor except that, in the event such
person or his Beneficiary later notifies the Board of his whereabouts
and requests the payment or payments due to him under the DROP,
the amount so applied shall be paid to him in accordance with the
provisions of the DROP.
E I. Written Elections. Notification.
(1) Any elections, notifications ordesignations made by a Member
pursuant to the provisions of the DROP shall be made in
writing and filed with the Board in a time and manner
determined by the Board under rules uniformly applicable to all
employees similarly situated. The Board reserves the right to
change from time to time the manner for making notifications,
elections or designations by Members under the DROP if it
determines after due deliberation that such action is justified in
that it improves the administration of the DROP. in the event
of a conflict between the provisions for making an election,
notification or designation set forth in the DROP and such new
administrative procedures, those new administrative
procedures shall prevail.
(2) Each Member or Retiree who has a DROP Account shall be
responsible for furnishing the Board with his current address
and any subsequent changes in his address. Any notice
required to be given to a Memberor Retiree hereunder shall be
deemed given if directed to him at the last such address given
to the Board and mailed by registered or certified United States
mail. If any check mailed by registered or certified United
States mail to such address is returned, mailing of checks will
be suspended until such time as the Member or Retiree
notifies the Board of his address.
F J. Benefits Not Guaranteed.
All benefits payable to a Member from the DROP shall be paid only
from the assets of the Member's DROP Account and neither the City
nor the Board shall have any duty or liability to furnish the DROP with
any funds, securities or other assets except to the extent required by
any applicable law.
G K. Construction.
(1) The DROP shall be construed, regulated and administered
under the laws of Florida, except where other applicable law
controls.
11
Em
cm
(2) The titles and headings of the subsections in this Section 28
are for convenience only. In the case of ambiguity or
inconsistency, the text rather than the titles or headings shall
control.
H L. Forfeiture of Retirement Benefits.
Nothing in this Section shall be construed to remove DROP
participants from the application of anyforfeiture provisions applicable
to the System. DROP participants shall be subject to forfeiture of all
retirement benefits, including DROP benefits.
M. Effect of DROP Participation on Employment.
Participation in the DROP is not a guarantee of employment and
DROP participants shall be subject to the same employment
standards and policies that are applicable to employees who are not
DROP participants.
SECTION 9: That the City of Okeechobee Municipal Firefighters' Pension Fund,
adopted pursuant to Ordinance No. 889, as subsequently amended, is hereby further
amended by adding Section 30, Supplemental Benefit Component for Extra Benefits;
Chapter 175 Share Accounts, to read as follows:
SECTION 30. SUPPLEMENTAL BENEFIT COMPONENT FOR SPECIAL
7
1. Individual Member Share Accounts.
2. Share Account Funding.
A. Individual Member Share Accounts shall be established as of
September 30 2015 for all Members and DROP participants who
were actively empid as of October 1. 2014, Individual Member
Share Accounts shall be credited with an allocation as provided for in
the following subsection 3 of any premium tax monies which have
been allocated to the share plan for that Plan Year, beginning with the
Plan Year ending September 30, 2015.
B. In addition any forfeitures as provided in subsection 4, shall be
allocated to the individual Member Share Accounts in accordance
with the formula set forth in subsection 4.
3. Allocation of Monies to Share Accounts.
A. Allocation of Chapter 175 Contributions.
W Effective as of September 30 2015, the amount of any
premium tax monies allocated to the share plan shall be
allocated to individual Member Share Accounts as provided for
12
'4.+ „400,
M
M
(4)
Re-emoloved Retirees shall be deemed new employees and
shall receive an allocation based solely on the Credited
Service in the reemployment period.
B. Allocation of Investment Gains and Losses.
C.
On each valuation date each individual Member Share Account shall
be adjusted to reflect the net earnings or losses resulting from
investments during the year. The net earnings or losses allocated to
the individual Member Share Accounts shall be the same percentage
which is earned or lost by the total plan investments, including
realized and unrealized gains or losses, net of brokerage
commissions, transaction costs and management fees.
Net earnings or losses are determined as of the last business day of
the fiscal year, which is the valuation date, and are debited or credited
as of such date.
Allocation of Costs. Fees and Expenses.
13
D. No Right to Allocation.
The fact of allocation or credit of an allocation to a Members Share
Account by the Board shall not vest in any Member, any right, title, or
interest in the assets of the trust or in the Chapter 175. Florida
Statutes tax revenues except at the time or times to the extent and
su lect to the terms and conditions provided in this Section.
E. Members and DROP participant shall be provided annual statements
setting forth their share account balance as of the and of the Plan
Year.
A. Forfeitures.
5. Eligibility For Benefits.
A. Retirement Benefit.
(1 A Member shall be entitled to one hundred percent (100%) of
the value of his share account upon normal or early Retirement
pursuant to Section 6 or if the Member enters the DROP,
upon terminationL of employment.
M Such payment shall be made as provided in subsection 6.
B. Termination Benefit.
M In the event that a Members employment as a Firefighter is
terminated by reason other than retirement, death or disability,
he shall be entitled to receive the value of his share account
only if he is vested in accordance with Section 9.
u Such payment shall be made as provided in subsection 6.
C. Disability Benefit.
L12 In the event that a Member is determined to be eligible for
either an in -line of duty disability benefit pursuant to Section 8.
subsection 1 or a not -in -line of duty disability benefit pursuant
to Section 8 subsection 3., he shall be entitled to one hundred
percent (100%) of the value of his share account.
u Such payment shall be made as provided in subsection 6.
D. Death Benefit.
In the event that a Member or DROP participant dies while
actively employed as a Firefighter, one hundred percent
(100%) of the value of his Member Share Account shall be
paid to his designated Beneficiary as provided in Section 7.
Such payment shall be made as provided in subsection 6.
6. Payment of Benefits.
14
f
0
7. Benefits Not Guaranteed.
8. Notional Account.
9. No Emoloyer Discretion.
The share account benefit is determined pursuantto a specificformula which
does not involve employer discretion.
10. Maximum Additions.
11. IRC Limit.
The share account distribution, along with other benefits payable from the
System, is subject to -limitation under Internal Revenue Code Section 415(b).
SECTION 10: Specific authority is hereby granted to codify and incorporate this
Ordinance in the existing Code of Ordinances of the City of Okeechobee.
SECTION 11: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 12: 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 13: That this Ordinance shall become effective upon adoption.
15
On
0
Introduced on first reading and set for public hearing this day of
2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
Passed on second reading after public hearing this day of
.2015.
ATTEST:
Lane Gamiotea, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
dm/ok/fire110-20-15.ord
James E. Kirk, Mayor
16
NOW Exhibit 5
FDLE Jan 19, 2016
Florida Department of Business Support
Law Enforcement Office of Criminal Justice Grants
Post Office Box 1489
Richard L. Swearingen Tallahassee, FL 32302-1489
Commissioner (850) 617-1250
www.fdle.state.fl.us
December 11, 2015
The Honorable James E. Kirk
Mayor
City of Okeechobee
55 Southeast Third Avenue
Okeechobee, Florida 34974
Rick Scott, Governor
Pam Bondi, Attorney General
Jeff Atwater, Chief Financial Officer
Adam Putnam, Commissioner ofAgriculture
Re: Federal Fiscal Year (FFY) 2015 Edward Byrne Memorial Justice Assistance Grant -.(JAG)
Program — Florida JAG Direct
Dear Mayor Kirk:
The Florida Department of Law Enforcement (FDLE) has received an award from the United States
Department of Justice (USDOJ) for FFY 2015 JAG funds. These grant funds are distributed to units of
local government based on local population and crime statistics reported to FDLE.
FDLE has allocated $1,791.00 from this award for use by your agency, in accordance with the Florida
JAG Direct distribution provision of Chapter 11 D-9, Florida Administrative Code. Please note these funds
require monthly or quarterly expenditure and performance reporting. General instructions regarding the
JAG direct application process can be found at the following link
http://www.fdle.state.fl.us/Contentigrants/ia,qd.aspx. Applications that do not comply with the instructions
or do not include all required information will be returned for revision or will have a special condition
withholding funds placed on the grant at the time of award.
Recipients must apply online using FDLE's grant management system, Subgrant Information
Management Online (SIMON). SIMON can be accessed at http://simon.fdle.state.fl.us. The Project Start
and End Dates on the application should reflect the period February 1, 2016 through June 30, 2016.
Application completion will require an "Announcement Code" which is a security feature allowing access
to the application. The Announcement Code for this application is JAGD1516. This code will remain
active through the deadline for submission. Application completion will not be possible. without the
announcement code. A user manual and video tutorial are available online for assistance. The deadline
for submission is Friday, January 8, 2016.
In addition to the electronic submission, recipients must,p.rint the completed application and required
certifications and submit two hard copies (with original signatures) by Friday, January 15, 2016 to:
Physical address for courier delivery:
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, FL 32308
Mailing address for USPS delivery:
Office of Criminal Justice Grants
Florida Department of Law Enforcement
P.O. Box 1489
Tallahassee, Florida 32302-1489
Service • Integrity • Respect • Quality
The Honorable James E. Kirk
December 11, 2016
Page Two
The intent and purpose of the JAG program is to improve the criminal justice system, reduce crime and
improve public safety; and projects may be funded under any one of the JAG purpose areas. However,
recipients are reminded that federal funds must not supplant those funds that have been .appropriated for
the same purpose, and may not be used to pay all or part of any costs, positions, expenditures, etc. the
recipient is already obligated or budgeted to pay. To further clarify, federal grant funds should not be
utilized to support or accomplish an agency's baseline capabilities. Instead, grant funds should be used
to enhance or implement those services which the agency is not able to support or sustain within existing
capabilities.
Please ensure the application clearly discusses the criminal justice or law enforcement program for which
federal funds will be used, and the Scope of Work provides all required contract elements for project
activities, deliverables and documentation. if funds are being requested for equipment•or technology, the
application should provide discussion for how that equipment will provide services or support in addition
to or outside of current agency capabilities.
Our office is available Monday through Friday, 8:OOa.m.— 5:OOp.m. EDT at (850) 617-1250 to assist with
any questions. For issues relating to SIMON, please contact Government Analyst Tim Colletti at (850)
617-1258. For questions regarding your proposal or the JAG program, please contact me or Planning
Manager Randall Smyth at (860) 617-1250. We look forward to working with you to provide this important
funding to Florida's agencies.
Sincerely,
Petrina Tuttle Herring
Bureau Chief
PTH/aw
cc: Local Law Enforcement Agency
On
TO: Mayor and Council
DATE: January 15, 2016
MEMORANDUM
Exhibit 6
Jan 19, 2016
FROM: City Clerk/Personnel Administrator
Gamiotea
SUBJECT: City's Personnel Grievance Committee
Appointments
As per the City Personnel Policies and Procedures, the City Council needs to consider appointing a
Grievance Committee, for two years, from the Police, Fire, Finance, Administration (includes General
Services and Clerk's Office) and Public Works Departments. The following are the names submitted from
each of the above departments.
* Motion to appoint the Employee Grievance Committee, term being January 20, 2016 through
January 31, 2018, or until their successor is appointed.
Department
Fire
Public Works
Finance
Administration
Police
Member
Phil Conroy
Cody Rodriguez
Melissa Henry
Robin Brock
Jack Boon
Alternate
Adam Crum
Marvin Roberts
Kim Barnes
Jackie Dunham
Danny Green
AC ON LIST - January 1r; 201k
rn f o u-bP 4 o `y--)l
from the City Administrator's Desk
SS SE 3rd Ave., Okeechobee, FL 34974
Okeechobee Music Festival — Meetings have been held with County to discuss traffic
and potential assistance in emergency services. Per meeting 1/6 the county does not
request any additional Fire assistance, City Police Department will be required for
traffic within City (441/70 signalized intersection). Time will be monitored and billed to
event via County Sheriffs' Department.
- Centennial Time Capsule — Please bring in items if any for capsule, deadline extended
thru end of this month. BRING ITEMS IN ASAP!
- Centennial Park — Engineering and permit is underway. Staff continues searching for
potential additional grants to shoreline stabilization and docks. Additional grant funding
also being sought for project.
- Grant Assistance /Administration —Preparing RFQ for assistance in obtaining grants
for Centennial Park, City Ramp and FDOT transportation submissions.
- Administration /Public Works HRTPO Grants Applications — Grant applications are
underway for signals (NW 91" Street / Parrott & SW 61" Street / Parrott).
- Building Department — Preliminary Plan Review — Building Department due to increase
workload will not be completing preliminary application reviews unless accompanied by
Building permit and applicable building fee.
- Finance /General Services Lien Search —Working to prepare a resolution for fee
schedule for services provided. Set to mimic County and surrounding areas as well.
- Equipment — Requests for Fire, Police Dept, and Public Works are continuing.
- Animal Control — awaiting County MOA from Sheriff's Dept. to further discuss and
cease payment to county. (Pending additional discussion)
- New Family Member — Donovan Whitehall will be beginning with Public Works
1/19/16.
Page 1
Sound Ordinance — Still under review by City staff or implementation for Highway
Traffic (no exhaust brake.. eea) ..,►
- Centennial Walk — construction complete, final brick paver order will be end of
January. First two rows of pavers on approach will be City Staff.
FINAL ORDERS DUE BY JANUARY 31, 2016.
- City Hall Municipal Sign - to be rehabilitated at first of the year- currently obtaining
quotes. Planned project for first quarter of 2016. Coordination with Chamber and
Leadership class for collaborative effort.
- Primitive Baptist Church — awaiting family donation pending for the facility.
Page 2
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' Dunkin Daily Sales Records bi'5- r/ ba�(,i oti
Monday
Gross Sales Count: 553
Eat in: 35.24%
Drive-Thru: 64.58%
Percent of gross sales sold between Sam to 11am: 66.06%
-11am — 4pm: 17.97% (pizza store to open at 11 am)
-11am — 4pm Eat in: 6.28%
-6pm - 8pm Eat in: 2.24%
Thursday.•
Gross Sales Count: 572
Eat in: 44.12%
Drive-Thru: 55.87%
Percent of gross sales sold between 5am to 11am: 65.40%
-11am — 4pm: 17.47% (pizza store to open at 11 am)
-11am —4pm Eat in: 7.70%
-6pm — 8pm Eat in: 2.51%
Saturday.•
Gross Sales Count: 619
Eat in: 41.57%
Drive-Thru: 58.32%
Percent of gross sales sold between 5am to 11am: 65.95%
-11am — 4pm: 18.30% (pizza store to open at 11 am)
-11am — 4pm Eat in: 7.60%
-6pm — 8pm Eat in: 3.96%
`AW
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Dunkin Drive-thru Resolutions
• Add an outside Expeditor
• Add an internal Expeditor
• Purchase double toaster oven
• Purchase double sided sandwich station
• New Manager in place
• New Crew being trained on new Dunkin standards
Print Page 1 of 2
Subject: GSD manual
From: John Simoes (John.Simoes@Dunkinbrands.com)
To: alzakhary@yahoo.com;
Date: Monday, January 18, 201612:14 PM
Hi Al,
Per our discussion, here is the GSD manual that has tips and areas to focus on to help drive efficiency at the DT. I've also included the info on the new toaster which has
shown a 20-30 second average improvement in the locations who already installed them. Feel free to reach out to Steve Rubiano or Danny Figueiredo who have these
toasters in their whole network.
Toaster info:
sEti�,k-�5 .� a, r�� e Xb�.ws'�a-'mow a�. `� •, ���,. � ,,�;. �,�E�� . -.� -.� -.�.�
44 i + is iw ` 40 610 40 +rl V40 V V
02 >....n..�_-r
Objective/Results: Reduce Turbo Chef cycles by 20% and increase throughput.
MATCO: DUAL BELT TOASTER ( DEFAULT)
et iy bflen it tN lEeifn
it I.., rit It 1— 1:1
Thank You and have a Great Day
rssssessssssssssssssrsssrssrrr
John Simoes
Operations Manager South Central
Fort Pierce - West Palm Beach - Miami
Dunkin Brands Inc.
Office: 1-781-737-5036
Fax:1-781-737-6036
Cell: 1401-864-5481
Email: john.simoes@dunkinbrands.com
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The Guest Service Diagnostic (GSD) tool continues to be a core element of the operational tool kit as we
continually improve the operational excellence and efficiency in the restaurant. Operating Systems philosophy
of simplification has been applied to the tool and we have developed a new format which has enhanced the
process and dramatically reduced the time to complete the tool. The new format now requires the user to
measure a total of 10 guests versus the previous version which required 60 guests. The updated tool and user
guide has been updated and is available on OPS Source, utilization of the tool will continue to drive
improvement within your restaurants.
Key Changes
Simplification of time measurement process to include following one guest through the
entire service function
Built in equation functionality to assist with timing calculations
Updated root cause issues
• Updated station layouts
• Enhanced deployment sequencing guide
Brand Timing Standards & Targets
SERVICE
Menu/Order Time (includes greet response time) 25 seconds
Window Time 30 seconds
Transaction Time (Front counter) 120 seconds
Service Time
Drive-thru 150 seconds
Front counter 120 seconds
Total Experience Time (target) 300 seconds
PRODUCT
Reaction to VDU 10 seconds
Product Build - Single Item
• Sandwich Station
40 - 60 seconds
• Bakery
30 - 40 seconds
• Hot/Iced Coffee
10 - 30 seconds
• Espresso
40 - 50 seconds
• Coolatta
30 - 40 seconds
• Hot Winter Beverage
10 - 20 seconds
Order Cycle Time 120 seconds
092413
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GSD 2,0 dunkin'
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• 1
i PC#
• •
SERVICE TIMINGS (CHECK DT OR FC) Drive-thru E Front Counter
DT: Guest enters DT line
A
A
A
A
A
ENTER
FC: Guest enters FC line
0
0
0
0
0
AVG
TIMER
QUEUE
DT: Guest reaches DT speaker
B
C-B
B
C-13
B
C-B
B
C-B
B
C-B
FC: Guest reaches front counter
MENU OR
DT: Guest Is given the order total
C
C
C
C
C
ORDER TIME
FC: Guest is given the order total
DT: Guest arrives at the window,
D
E- D
D
E- D
D
E- D
D
E- D
D
E- D
FC: Enter time from C
WINDOW OR
DT: Guest receives order/receipt
E
E
E
E
E
TRANS TIME
FC: Guest receives order/receipt
E-B
E-B
E -B
E-B
E-B
SERVICE
TIME
TOTAL
Enter time from E
EXPERIENCE
PRODUCT T I MING S Sandwich Station Bakery E Hot/iced Coffee E Espresso E Coolatta N Hot Winter Beverage
APPEARS ON
Stan timing
A
A
0
A
0
A
0
A
0
AVG
AVG
VDu
Enter time Crew starts to make the first
B
BUILD
C-B
B
BUILD
C-B
B
BUILD
C-B
B
BUILD
C-B
B
BUILD
C-B
B
REACTION TO
product of the order
VDU
Enter time the first product of the order is
C
C
c
c
C
C - B
PRODUCT
completed
BUILD TIME
ORDER CYCLE
Enter time the total order is complete
TIME
(AII items in the order)
Improper
staffing levels
Improper crew
deployment
Crew not
staying in
Hot or iced
coffee not
Thawed or
prepped
Improper
equipment
Station not
organized
position
available
product not
layout
av ilable
Improper
procedures
performed
Primary &
secondary
duties not
Targets not set
& communicated
Wading on
product -
beverage
Waiting on
product -
sandwich
Equipment
problem or
malfunction
Waiting for
equipment
to be free
followed
F- =
F----=
I
Manager is
Manager
Slide deployment
Hot holding
Products not
Missing equipment
der
not actively
improperly
not in use
levels too low
stocked at stations
managing
positioned
or riot in use
•
•EQUIPMENT
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dun GSD 2.o 3
In
Item 16: Restrictions on What the Franchisee May Sell
We require you to confine your business to the operation of a Restaurant. You may not conduct any other business or
activity at the Restaurant without our prior written approval.
You may only offer or sell products approved by us and you must offer for sale the full menu prescribed by us. We
may add, delete or change approved products that you are required to offer from time to time. There are no limits on
our right to do so. If you have an APOD Restaurant, the menu prescribed by us may be different than the full menu
required in our traditional stores.
In offering products for sale, you may only use products, materials, ingredients, supplies, paper goods, uniforms,
fixtures, furnishings, signs, equipment approved by us and you must follow methods of product preparation and
delivery that meet our requirements.
We impose no customer restrictions on the sale of products at your Restaurant, however, your franchise is limited to
one location and all sales must be made from that location. You are not permitted to sell or distribute goods or
services through the use of the Internet or other electronic communications.
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