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2001-01-16 RegularCITY OF OKEECHOBEE JANUARY 16, 2001 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor: January 16, 2001, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Robert Rieffel; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 2, 2001 Regular Meeting. PAGE 1 OF 5 Mayor Pro-Tem Watford called the January 16, 2001 Regular City Council Meeting to order at 6:00 p.m. and explained that Mayor Kirk was out of town. Pastor Rieffel offered the invocation; Mayor Pro-Tem Watford led the pledge of allegiance. City Clerk Thomas called the roll: Absent Absent Present Present Present Present Present Present Present Council Member Oliver moved to dispense with the reading and approve the Summary of Council Action for the January 2, 2001 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - ABSENT CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. 88 JANUARY 16, 2001 - REGULAR MEETING - PAGE 2 OF 5 V. WARRANT REGISTER - City Administrator. A. Motion to approve the December 2000 Warrant Register: Council Member Oliver moved to approve the December 2000 Warrant Register: General Fund two hundred ten thousand, nine hundred eleven dollars andthirteen cents ($210,911.13) Public Facility Improvement Fund one hundred General Fund $210,911.13 ninety-eight thousand, nine hundred four dollars and seventy-nine cents ($198,904.79) Debt Service Fund ninety-nine ........................ Public Facility Improvement Funds ....... $198,904.79 thousand, six hundred eighty-two dollars and forty-eight cents ($99,682.48), and Emergency and Disaster Relief Fund Debt Service Fund ..................... $99,682.48 three hundred dollars ($300.00); seconded by Council Member Williams. There was a brief discussion on this item. Emergency and Disaster Relief Fund ......... $300.00 VOTE KIRK - ABSENT CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Pro-Tem Watford asked whether there were any requests for the addition, deferral or withdrawal of items on agenda. 11 today's agenda. There were none. VII. NEW BUSINESS. A Discuss OUA Board Appointments - City Administrator (Exhibit 1). Administrator Veach explained to the Council that there are two Okeechobee Utility Authority Board appointments whose terms will expire March 1, 2001. Staff needs direction from the Council, options are to have each Council Member come back to the next Council meeting with their recommendation for a candidate; Reappoint the current members; or advertise the positions and see whether there is anyone else in the community who would wish to serve, Following a brief discussion, Council Member Oliver moved to advertise in the local news media for the OUA Board Members, responses should be returned in enough time for the Council to take action on this item at the February 20, 2001 meeting; seconded by Council Member Williams. The Council also noted that this is in no way a reflection on the current board members, they only wish to see whether someone else from the community would be interested in serving on this board. The same members could possibly be reappointed again. JANUARY 16, 2001 - REGULAR MEETING - PAGE 3 OF 5 89 VII. NEW BUSINESS CONTINUED. A Discuss OUA Board Appointments continued. B. Discuss NW 9th Avenue railroad crossing signal upgrade - City Administrator (Exhibit 2). VOTE KIRK - ABSENT CHANDLER - ABSENT OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Administrator Veach advised the Council that the City had received a letter from the Department of Transportation explaining that the railroad crossing located at Northwest 9"' Avenue falls in line with a grant available to upgrade the crossing signal. The City would be responsible for the street upgrades that would have to be done, and share with the future maintenance of the crossing signal. Staff needs Council direction whether they wish to proceed with the project. The Council had some reservations regarding this issue. However, until DOT is given the authority to draw up the necessary agreement, Staff does not have any specific's regarding the project. Council Member Oliver moved to authorized DOT to prepare the necessary contract and forward it to the City for further consideration; seconded by Council Member Williams. Mayor Pro-Tem Watford asked Administrator Veach to handle this. VOTE KIRK - ABSENT CHANDLER - ABSENT OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 90 JANUARY 16, 2001 - REGULAR MEETING - PAGE 4 OF 5 VII. NEW BUSINESS CONTINUED. C. Discuss contract amendment with Independent Inspections, Ltd. - Mr. Ken Badke of Independent Inspections, Ltd, presented the Council with a new fee schedule and contract Ken Badke (Exhibit 3). amendment. The fee's are increasing due to the increased company costs for salaries, health insurance, vehicles, fuel, etc. Administrator Veach provided a copy of the current contract between the City and Independent Inspections and a table of what the County's fee's are in order to give the Council something to compare the new fee's to. Council memberOlivermovedto approve the contract amendment with Independent Inspections. Ltd. for anew fee schedule effective March 1, 2001 • seconded by Council Member Williams. There was a brief discussion regarding this item. VOTE KIRK - ABSENT CHANDLER -ABSENT OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Motion to adopt proposed Resolution No. 01-1 authorizing the Council Member Oliver moved to adopt proposed Resolution No. 01-1 authorizing the execution of a highway execution of a highway landscaping maintenance memorandum of landscaping maintenance memorandum of agreement with the StateofFlorida Department ofTransportation;seconded agreement with State of Florida Department of Transportation - City by Council Member Williams. Attorney (Exhibit 4). Attorney Cook read proposed Resolution No. 01-1 bytitle only as follows: "RESOLUTION AUTHORIZING EXECUTION OF HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OFAGREEMENTWITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND PROVIDING FOR AN EFFECTIVE DATE." There was a brief discussion on this item. VOTE KIRK - ABSENT CHANDLER - ABSENT OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JANUARY 16, 2001 - REGULAR MEETING - PAGE 5 OF 5 W VII. NEW BUSINESS. E. Motion to adopt proposed Resolution No. 01-2 regarding City Administrator's Retirement Fund - City Attorney (Exhibit 5). VIII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF 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. n ATTEST: bowling R. Watford, Mayor Pro-Tem 1 Bonnie S. Thoma MC, City Clerk Council Member Oliver moved to adopt proposed Resolution No. 01-2 regarding City Administrator's Retirement Fund; seconded by Council Member Williams. Attorney Cook read proposed Resolution No. 01-2 by title only as follows: "RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA TO PERMIT EMPLOYEE PARTICIPATION IN A 457 DEFERRED COMPENSATION PLAN; PROVIDING FOR ADOPTION OF A DECLARATION OF TRUST WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION (ICMA) RETIREMENT CORPORATION AND ADMINISTRATIVE SERVICES AGREEMENT FOR PLAN ADMINISTRATION; PROVIDING FOR PAYMENT OF PLAN ADMINISTRATION FEES; PROVIDING FOR ESTABLISHING PLAN COORDINATOR; PROVIDING FOR INVESTMENT PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." There was a brief discussion regarding this item. VOTE KIRK - ABSENT CHANDLER - ABSENT OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Pro-Tem Watford adjourned the meeting at 6:38 p.m. • • IV. A. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING - January 16, 2001 HANDWRITTEN MINUTES CALL TO ORDER: -Mayor: Kk*i.Ta#uiary i6 soot cxv COU*w RegUz�- t�z 6 0o p m, OPENING CEREMONIES: Invocation offered by Pastor 1'Zo v,4,T I'ZLeAT]& Pledge of Allegiance led by Manor xwl, MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thomas. Mayor Kirk Council Member Chandler Council Member Oliver Council Member Watford Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea MINUTES - City Clerk. Present Absent if. 1.. Page -I- Council Member 6 moved to dispense with the reading and approve the Summary of Council Action for the January 2, 2001 Regular Meeting; seconded by Council Member_. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion Carrijed —Denied. V. WARRANT REGISTER - City Administrator. A. Council Member > moved to approve the December 2000 Warrant Register: General Fund two hundred ten thousand, nine hundred eleven dollars and thirteen cents ($210,911.13) Public Facility Improvement Fund one hundred ninety-eight thousand, nine hundred four dollars and seventy-nine cents ($198,904.79) Debt Service Fund ninety-nine thousand, six hundred eighty-two dollars and forty-eight cents ($99 682.4q), and Emergency and Disaster Relief Fund three hundred dollars ($300.00); seconded by Council Member. VOTE KIRK CHANDLER OLIVER YEA NAY ABSTAIN ABSENT v Ll WATFORD WILLIAMS Motion Carried — Denied. VI. AGENDA - Mayor. L,_ A. Requests for the addition, deferral or withdrawal of items on today's agenda. Page -2- VII. NEW BUSINESS. A Discuss OUA Board Appointments - City Administrator (Exhibit 1). (1'-/ _zTes Ott" Discuss NW9" Avenue railroad crossing signal upgrade - City Administrator (Exhibit 2). C7- 6Z C, j ILI 2-� > 61 k- I C Page -3- Page-4- C. Discuss contract amendment with Independent Inspections, Ltd. - Ken Badke (Exhibit 3). E • Drina. _ri_ D. Council Member moved to adopt proposed Resolution No. 01-1 authorizing the execution of a highway landscaping maintenance memorandum of agreementwith State of Florida Department of Transportation - CityAttorney (Exhibit 4); seconded by Council Member C W . VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER v OLIVER WATFORD WILLIAMS Motion,tarried -' Denied. t: -41 _(ll E. Council Member ' moved to adopt proposed Resolution No. 01-2 regarding City Administrator's Retirement Fund - City Attorney (Exhibit 5); seconded by Council Member. VOTE A NAY ABSTAIN ABSENT KIRK v j CHANDLER OLIVER WATFORD WILLIAMS r%~~ Motion 6arrie—Denied. �/ yCt_- L.�G�C_I"� ✓'Ci�=liG'L l�- �-CJ--�L�'t-� 'y u ."� ti- (�`L�"'¢"5�--. I j 1 0 IV. A. Page -1- CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING - January 16, 2001 HANDWRITTEN MINUTES L11 CALL TO ORDER: - Mayor: 4o_W rant�.�a�^y 16 zool City CaulciL&IVA W Meer 6:00 p.nv OPENING CEREMONIES: Invocation offered by Fa &r jZojw.4xCR6effe1l Pledge of Allegiance led by � 00t ", a(a'-Csk- MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thomas. Present Absent Mayor Kirk Council Member Chandler ✓ '��''' Council Member Oliver Council Member Watford Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea MINUTES - City Clerk. Council Member (: moved to dispense with the reading and approve the Summary of Council Action for the January 2, 2001 Regular Meeting; seconded by Council Member 1_Q_) . VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion arrie - Denied. V. WARRANT REGISTER - City Administrator. A. Council Member 160 _ moved to approve the December 2000 Warrant Register: General Fund two hundred ten thousand, nine hundred eleven dollars and thirteen cents ($210,911.13) Public Facility Improvement Fund one hundred ninety-eight thousand, nine hundred four dollars and seventy-nine cents ($198,904.79) Debt Service Fund ninety-nine thousand, six hundred eighty-two dollars and forty-eight cents ($99,682.48), and Emergency and Disaster Relief Fund three hundred dollars ($300.00); seconded by Council Member 01� VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER V OLIVER ✓ WATFORD WILLIAMS Motion Carrieda Denied. VI. AGENDA `Mayor. O-)( tud. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 0 Vil. NEW BUSINESS. A Discuss OUA Board Appointments - City Administrator (Exhibit 1). luc Oawtj (4 4m",)+ 6c-c(OL M(a N 0- ouvv,t�;,t q- [to 0,-U, P tic, .4 r PIC /, �m l au(- fcz -c4,d tc, cu q, (Aw/o Page -2- wlxd �Jad- Cdd OpPlu'r6i C#C--) fif lu a U 2, e &J, CP +- A, 0 alkd�k4 0 0 Page -3- B. Discuss NW 9"' Avenue railroad crossing signal upgrade - City Administrator (Exhibit 2). OCT Of �ACJat t�j J-Lq <70 's CU C4 ct LO [Y"T I-Z Ar*-Uu� wdtrj�� JU-I 4 Cut - L'ut, ru jAcw� rn cu ctc e217 iuqfq J)m(ld cut I &ctv-,j baol� i�) ttz) �-fta6ttl� 4�w tl6w-ooxe 961- i)A CL DO cy,� ,bj,,M o-q- LI� 41 - kcq Cott OG"''T -Izl O&Y, 0 0 Page -4- C. Discuss contract amendment with Independent Inspections, Ltd. - Ken Badke (Exhibit 3). �j LwJ ",&0 wa ax-4 (2/U' LICUL W-V� J co cic (A-tao C,-Oal-/L m- Lill) O�a (-(p pl 6�Atp v -,� Jol t-wr,)oubaw �u guopOklh-k ci j- ftik ID Lo -boat 0-�- 7 ,�-UrLn bv� (Pal- P)Q 5,11iol jt�Lt� �U arupins44. �-O Uj / Lhcux-,�O- 43) OU-4,t wc-JA\, cam. ;,,_ �Q • i its Page -5- D. Council Member PL moved to adopt proposed Resolution No. 01-1 authorizing the execution of a highway landscaping maintenance memorandum ofagreem ntwith State of Florida Department of Transportation -City Attorney (Exhibit 4); seconded by Council Member_ tz t� tom. i� VOTE YEA NAY ABSTAIN ABSENT KIRK P)6 ,Sara In � CHANDLER 80 ,� �, Ua �k6 ataf OLIVER Co Puttd WATFORD- WILLIAMS ✓ Motio Carried Denied. 40- 6c?VC.ecf 4 831 E. Council Member `i3� moved to adopt proposed Resolution No. 0�_ 2 regarding City Administrator's Retirement Fund - City Attorney (Exhibit 5); seconded by Council Member I. VOTE YEA NAY ABSTAIN ABSENT�� KIRK . - (�U u (_Ckd �I ( ' 0 CHANDLER OLIVER ✓ MfW/LWATFORD L�ICC� �C Vl(''1(L�iMC WILLIAMS ✓' CtC ` % E� Moti arri —Denied. Gal 67 2 � Q *J, L� r 0,,� u L of /k Ik y � COL / t y CITY OF OKEECHOBEE JANUARY 169 2001 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 2 CALL TO ORDER -Mayor: January 16, 2001, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation offered by Pastor Robert Rieffel; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea MINUTES - City Clerk. Motion to dispense with the reading and approve the Summary of Council Action for the January 2, 2000 Regular Meeting. JANUARY 16, 2001 - CITY COUNCIL AGENDA - PAGE 2 OF 2 V. WARRANT REGISTER - City Administrator. A. Motion to approve the December 2000 Warrant Register: General Fund $210,911.13 Public Facility Improvement Funds $198,904.79 Debt Service Fund $99,682.48 Emergency and Disaster Relief Fund $300.00 • VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. NEW BUSINESS. A Discuss OUA Board Appointments - City Administrator (Exhibit 1). B. Discuss NW 9t' Avenue railroad crossing signal upgrade - City Administrator (Exhibit 2). C. Discuss contract amendment with Independent Inspections, Ltd. - Ken Badke (Exhibit 3). D. Motion to adopt proposed Resolution No. 0 1 - 1 authorizing the execution of a highway landscaping maintenance • memorandum of agreement with State of Florida Department of Transportation - City Attorney (Exhibit 4). E. Motion to adopt proposed Resolution No. 01-2 regarding City Administrator's Retirement Fund - City Attorney (Exhibit 5). VIII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. • • ExHZBiT 1 N TAN 16 AGENDA OKEECHOBEE UTILITY AUTHORITY P.O. Box 835 Okeechobee, Florida 34973-083.5 (863) 763-9460 FAX: (863):763-9036 January 8, 2001 Mr. Bill Veach. City of Okecchobee City Administrator 5.5 SE 31' Avenue Okeechobee, FL 34974 ;#t,e: OUA Board Members Dear Mr. Veaeh: According to the Seckind Aruendirent to the Interlocal Agreement creating the OtJA, tlll.e *.urns of two (2) of the QUA Board h7embers, appointed by the City Council, e:xpires March 1. 200 V. Attached is a list of the current OUA Board Members and their tarns. The terra of a Regular Board Member, Currently held by Monica Clarks for a fijur (4) yeaX term. Mrs. Clark is willing to continue as an alternate. Board member. ' The term of an alternate .Beard Member, L--n ertly held by Jobnny Mack Kizzsaul ;s for a tvib(2) yew- terra.. Mv. Kinsaul stated lie is willing to continue as a Board member. Please add the appcintment of one regular OUA Board Member and one aiterna.te 01,JA Board Member to the Jar,Lary or T ebru%-y 2001 agenda of the City Council f�►r approval. As soon as t1he appointments have been approved please let me k.-acnx% so the appointees Cary be provided the t=essar y in_forrnation for the future greeting. Thank you for you.t. assistance in these matters. Sincerely, l i f-A^— Lain.don C. Fortner, It Executive Director. OUA • CITY APPOINTEES: OUA BOARD MEMBERS Steve Nelson 4 years January 1999 - March 1, 2003 Monica Clark 4 years January 1997 - March 1, 2001 Jahn Kinsaul 2 years January 1999 - March 1, 2001 COUNTY APPOINTEES: Jack Coker 4 years December 1998 - March 1, 2003 Elder Sumner 4 years December 1996 - March 1, 2001 Carl Leonard 2 years December 1998 - March 1, 2001 FIFTH MEM. BER CHOSEN BY 4 REGULAR MEMBERS ABOVE: (RESIDENT IN SERVICE AREA IN GLADES COUNTY) Kim Collier 4 years December 1998 - March 1, 2003 ALTERNATE CHOSEN BY 5 REGULAR MEMBERS ABOVE: (RESIDENT l lq SERVICE AREA. IN GLADES COUNTY) Melanie Anderson 2 years December 1998 - March 1, 2001 Florida Department of Transportation JEB BUSH GOVERNOR December 20, 2000 Mr. John R. Cook, City Attorney 55 S.E. Third Avenue Okeechobee, FL 34974-2932 RE: 2001/2002 Signal Safety Program Dear Mr. Cook: EXHIBIT 2 TAN 16 AGENDA THOMAS F. BARRY, JR. SECRETARY This is to address concerns expressed in your letter of December 7', which was in response to my November 29' letter, regarding the referenced program. The railroad crossing of N.W. 9h Avenue (Crossing Number 628055-13) qualifies for federal funding under our annual Signal Safety Program. The funds are allocated to and administrated by the Department to reimburse the railroad for installation and/or upgrading of crossing warning devices. After field reviewing the crossing, the Department and CSX Transportation has determined that the existing signals are antiquated, as well as too close to the roadway, and do not meet the minimum safe clear recovery area from the edge of the roadway. It is recommended that while upgrading the signal devices, to current industry standards. This proposal will also correct the minimum safe recovery area by the installation of curb. The Department standards (copy enclosed), will then allow for a shorter distance from the roadway to the signals. This will also provide better visibility of the signals. Should the curb not be installed then the signals will have to be installed a further distance from the roadway, creating an undesirable condition, resulting in what we would consider decreased visibility of the signals. The railroad (CSXT) will perform the signal upgrade and will be responsible to properly maintain the signals. The city would install the curb, in accordance with highway design and construction standards, and will participate on a 50150 basis with CSXT in the maintenance expense. The city would be billed $ 1.,549.00 annually by CSXT for this cost. Upon completion of the signal upgrade, the city will be responsible to maintain the roadway pavement markings and advance RXR signs, as shown in Index 17882, previously provided. Should the city be receptive to participating in this project, we will process a three party agreement for execution. At any time during the process, the city, Department or CSXT may decide not to participate. At that point, the project would be removed from the Department's work program and the funding would be used elsewhere. District One, Public Transportation Office 801 North Broadway Avenue*Post Office Box 1249*Bartow, Fl 33831-1249 (863)519-2341*(863)534-7172(Fax) Thomas. Brooks@dot. state. fl. us www.dot.state.fl.us ® RECYCLED PAPER Mr. John R. Cook Page 2 We would appreciate your consideration and response as soon as possible. Hopefully, this clearly explains the program and addresses your concerns. Should you have questions or require further assistance, please let me know. Sincerely, � �Th6mas rooks District Rail Administrator TLB: sbs cc: Mike Dross, Rail Contracts Engineer, Central Office Arlene Barnes, District Rail Coordinator RECENED EEC i 1 2000 pU81.lC TFi?,NSP. OPER Cit o Okeechobee Y December 7, 2000 Fla. Dept. Of Transportation District One P.O. Box 1249 Bartow, Fl. 33831-1249 re: 2001/2002 Signal Safety Program att: Tommy L. Brooks Rail Programs Dear Mr. Brooks: I have reviewed your letter of November 29 with our City Administrator which concerns upgrades to railroad signal crossings in the city of Okeechobee. It seems the request also includes a request that the City participate in the signal upgrades and maintenance, in addition to necessary roadway improvements. While we are not opposed to improving the signals and crossings, we do not want to be exposed to liability in any manner for signal installation and maintenance. If your request just addresses roadway improvements in conjunction with the signal upgrades by the railroad, that would be another matter. Please clarify this for us, so that we may respond to your request Kindest Regards, John R. Cook City Attorney JRC/rb 55 S.E. Third Avenue - Okeechobee. Florida 34974-2932 - (863) 763-3372 - Fax: (863) 763-1686 R.Hl Gale C"i" Of Shoulder Pa-"' S;Qral`A`-d Gale Railroad call or Signal And Gale Pavementz' min. L 25 Ed" N Lithe e .;n. Pavelneirli Edge "—el dy) __(Median t Railroad GO or 25' mih. S are Signal And le Slh.uld ONE - WAY TRACK CLEARANCE FOR ACUTE OR RIGHT ANGLE CROSSINGS Line — - — - — - TWO WAY TWO WAY (Mlurldble Curb urd;'ided Oi'ld'd Or Shoulder) 2 Or 4 Cones (yountoa i C116 ".i— C ore Or-- Signal And Got, Note Arrows denote direction dr,—ainor ion! --d;co,c, TRACK CLEARANCE FOR ACUTE OR RIGHT ANGLE CROSSINGS we : FIGURE I it is intended that the full Shoulder width of the existing rado-'), Typical L-60I Plan For Gare or be awed. where an existing Shoulder is substantially substandard Gale Length Requirements F105h;hg Signal With Gate When 7',XkS Flashing Signal wi See Note 6 Sheer 3 for the facility irltcl,ed. the Shoulder width Should be upgraded to TyPical L-1;O P Far Gor, Or Are AI Obtuse Angle. -It -rort Standard,. Are Al Ob� in Gate When Tracks Media, SIGNAL PLACEMENT AT RAILROAD CROSSING (2 LANE DESIGN) SIGNAL PLACEMENT AT RAILROAD CROSSING General Notes Varies (4 - LANE DESIGN) 1. No guardrail is proposed for Sig-c s; awe,e, Gong Type rang Type some f- of -,OaV C"eluctic, :e,;ae Tray H g'y Crossing bell Highway Crossing Bell Ba"k - TO - Back De Specified far aef'tth A !IMin;-) an, Type . i -tied far in P/Ill I, laetif,Crossingt' -ninun) . f ctvane flasher tote and - Per Crossing Per Crossing HFlOShe'U';tS 2 �qhwcyr Crossing BealJTOO of foundation s, 1 6, 1 a:e:'e, rho, ho P,, Crossing 1 4" above finished 5-de, ReflectoriZId White Sheeting Bak-TO-Bockc Back - TO Back (Front And Back) Number Of Track Signs is The Flasher Units Flasher Units Black Back-T.-Bock OyS Obtian Of The In,lallilg Agercy� 4. Type If traffic —1- 8ack - TO -Bock Flo5he,Ur,its 2 When AutoMtiC Gates Are Usedj I Flashing signals 9 Flashing signals ��th Irtie Fieshe, Units Edge Of Background Or TRACKS fA, c" To -CIS ff Flashing Signals ;,, gale Apo c F-le, 1, Width Part Nearest Highway -i 16" Alrernd I Min Z7 FIGS irg S;gnors .;in adrti!r gale m ;i 1 5. Class of traffic Contra 1";C" Refle so 'Re 7 Cote Crown Of ' I I 1� :3 - And while Sheetd;g. Both sides i __zz��___ I Flalrrilg Sign' �1 one lrca by Z. Road. 27 E Flashing ig,I �lfioe '-:CkS Crown Of I LT Flarshing signal, I 11 V,'n. Roadway a, ono I,, t_ F, 2 4' M )O'MAn. CI.h Of Roadway Roadway F Flashing ,gnc;s cad go li'i' Z.-Z. 10 I rra,eldy mal. T-,IwIy '�'O' Ulf. Craven Of 11 4" T-,I--y -1 Pored I-IdIr 4 Puled Shoulder �4" M Paved Shoulder See Fig. J. This Sheet -Paved Shoulder STATE OF F-10A OE1111 of T—III—1 TYPE I TYPE T TYPE 1Y TYPE Y _: CESIGI *Des;redd�e minimum -where field NO,, T : I ebdrla RAILROAD GRADE CROSSING C-dit.id's dictate absolute ri,; -y be 11.i,10 I are far _y be as p,,rh- 700 ligra/l. one far ga"). I, TRAFFIC CONTROL DEVICES Sending an type of a,,,- Tof 4 /7882 Iu Railroad Gale Or Railroad Gate Or Signal And Gate ACUTE ANGLE ( AND RIGHT ANGLE) SIGNAL PLACEMENT AT RAILROAD CROSSING (2 LANES. CURB & GUTTER) varies Gong Type Highway Crossinq Bell Gan, TYPe I 0 Minimum! Highway Crossing 8ell Per Crossing (le in � P C zzr), Q I � Rell¢Crarized Wni/e Sheeting ( Front And Back) 9y \r4 8ack-Ta-8.k �— Flash,Units `e0y 9p Flasher Units ?V Black Back-TC-Shck` N S 11 p� ow Edge Of 8ockgraund 0 N 2 Approach I Part Neare5t Roadway • i Width { Back- To-8ack Min16" Alternate T� ! 5 /5• Flasher Units IS Reflec'or' Red z And White Sheeting, !` ��3 33 �, loth Sides e eIe C °' �Ia, 2• J•-6" M . Crown Of Crown OfRoadwoY^ Sarin, 2•I it Crown Of Roadway �I �4"Max. 4'6"Mak. `Travelway� Roadwcy� -TI Travelway varies TrovelwoY, _ I o e _ __ ________ Sidewalk -------—�=��Sidewalk L --- ' See Figure No. 1, Sheet TYPE I TYPE f TYPE ZY fai,,Cad Gc'e Or Signal And Gote OBTUSE ANGLE SIGNAL PLACEMENT AT RAILROAD CROSSING (2 LANES,CURB & GUTTER) AS A Minimum, PC,;Iian One Flasner Lin;, Over Lone Separation Lines (More Than One Flasner Unit if There Are More Than 2 ApOroach Lcnesl. Gong Type Highway Crossing Bell { I I Minimum 1 1 GENERAL NOTES 1. The location of flashing signals and stop lines shall be established hosed on future for present) Installation of gate with appropriate track clearances, 2.. Where plans Call for railroad traffic Control devices tc be installed in arbed medians, the minimum medfan width shell be 10.5 feet. J. Location of ralaoad traffic control device /s based an the distance available between face of curb & sidewalk. 0'to 6' -Laoate device outside sidewalk. Over 6' -Locate device between face of Curb and 5idewa1k. 4. Stop line to be perp,hdicular to edge of roadway, dotard, IS' from nearest roil; or 8' from and parallel to gate when present. Gong Type Highway Crossing Bell (I Minimum 1 Per Crossing er Cross�nq i Bocx-ro -Back u Number Of Trails Signs Is The Flasner Units \ /Option Of Tne Installing Agency 1 when Automatic Gans Are 1 'o Edge Of Parf Used. I2 APP—h' ` iR [.S Nearest Highway 57" Max. ! y-5 Min. —_� l6 l5 Max, Min. l Traveh-y }�4J Max" Sidewalk ------ i fi Min. 1 '_-%__fmcso J'-6" Min.-j C Of m��o � '2',6'I 4•• ras, Trovelway 4'-6'• Max. I RoadwCyl 6' uin' Sidewalk ►'� � I I I ,.'- =' TYPE Y See Figure Na. 1, Sneer! STATE 0< rLOFIaA REPRtli,E>e aE I 5P0eiAtlaM Er IC OE aE51 ae F TYPE ZZ RAILROAD CROSSING AT TWO (2) LANE ROADWAY RAILROAD CROSSING AT RELATIVE LOCATION OF CROSSING TRAFFIC Stop Bar per pend;cwa, MUTI -LANE ROADWAY CONTROL DEVICES To Ede Of 7 er Woy TO Gore When Present1G1 \ Slop 8or Perpendicular to Edge 0! T—el way Or 87I, from & width May Vary According Gale Or Flosh;ng S;gnal To Lane width 24' White Porullel TO Go When Present., I Wi/h Gales Future Gale T LOcetlon 24" While 00 NOi Pw<menl + STOP Message L l0' - * ON While -� 6" Obl Yellow Nin. TRACKS 6' I 4 R8 - 8 g JI— ry Z1Z r USe Near $ignali2ed Stop Line 6" Obl Yellowe,slbns Flpshing Signor _ !I! Not With Gote 1 T �I N Edge Of Trwe/way Railr000 Protection / Device I5 Not Be Located As Repu;red Within 12 Of The R/R Center Line, ml Future Gate LOdation 4, Nin-1 0 I'-4" n 24" White 24" Whi t< NOTES: I _r 1. When computing, pwemenl message. puontil%e5 d0 not inclWe 24" White ._ trOnsverse line, T 2. Placement of sign WIO-tin o ,es;de,riol or W51n 5 district. where r low 5peeds are prevalent, the 'NlO-IS;gn may be ploce0 a min;mum distance 24" Wh�iG of 100 feet from the cro55ing. Where 5lreer;ntersection occur between he R pavement message and the hocks cn addi lional WIO -I sign ono addil;andl pwemenl message snourd be used Recommended 1-6cn for s;qn FTP 38. rW ft. Urcnn & 30O ft. Rural �T16� 6" Dbt Yellow in adv.-e o! the4. A portion lg .' pwemenl Irprking5 symNl mould DP di,ecfly opposite Inc Wl0-lsign.5. RecomLended location for FTP-38 A or 8 signs100u,och ad o R R R R j 300'r rat. See index /7355 for sign details,6. Gate LengtnFor two-w oy and%video secr;ons: T The gale should extend to w;th;n "If Inc center line. 01 multilane 000—heS 24" Mn;le R R the aox;_got' length I_ 1 \L For those cores. the first � from Iqa o the center line wall be a WIG - l T rrwx;lnum of 4'. F-= 24" White R R SPEED ' A ' w10 - l For one-way or d;vided sectrons: MPH IN FT The gore shall be of Sufficient renq,h such r,,t the distance from the 60 550 gate tip to the inside edge Of pavemenl;5 O noximum Of 4'. 55 450 50 375 iciE Or rLORIOe OEgeR1�{ni Of /geRSRORiallOn OESIGry 45 300 40 225 RAILROAD GRADE CROSSING 35 lso 30 107 TRAFFIC CONTROL DEVICES URBAN 50 MIN. e. 92 _ 3 of 4 /7882 ExHIBIT 3 IIL TAN 16 AGENDA Independent Inspections, Ltd. Certified Construction Inspectors W241 S4135 Pine Hollow Court Waukesha, W153189 December 29, 2000 William Veach, City Manager City of Okeechobee 55 S.E. 3'd Avenue Okeechobee, FL 34974-2932 Re: Fee Increase, City of Okeechobee Dear Mr. Veach: Enclosed is a new fee schedule and contract amendment. Due to the increased company costs for salaries, health insurance, vehicles, fuel, etc., Independent Inspections, Ltd. is requesting this fee increase. Currently, there is a shortage of certified inspectors in the State that is driving the cost of salaries very high. This is the first time IIL has raised fees in the State of Florida since they were established in 1994. This fee schedule and contract amendment needs to be effective by March 1, 2001. The fee increase is about 20 % divided by 6 years equals 3.3 % per year which is about the cost of living increase per year. Please call Ken Badke or myself with any questions. Sincerely, 71 omas DeLacy, President INDEPENDENT INSPECTIONS, LTD. Enclosures: c: Ken Badke, Director Florida Municipal Services, IIL File TDL/gg Phone 262-544-8280 \\NTSERVER_02\DATAIWPDATAWUNI\FLORIDA\OkeechobeeLettei�= 262-544-8299 Waukesha Office Phone 1-800-422-5220 Waukesha Office Independent Inspections, Ltd. Certified Construction Inspectors W241 S4135 Pine Hollow Court Waukesha, WI53189 CONTRACT AMENDMENT CITY OF OKEECHOBEE This fee schedule EXHIBIT 1 is intended to amend our existing Contract for Services dated August 25, 1999. IIL shall be paid 90% of the fees collected per EXHIBIT 1. This amendment will also amend paragraph number 10 of the contract for services dated August 25, 1999 to read as follows: The Agency shall perform inspections for which no permit fee is required, such as complaints and property maintenance inspections, and inspections from permits issued prior to the effective date of this contract at the direction of the Municipal authority and forward those reports to the appropriate person(s) with the findings. The Municipality shall compensate the Agency for any activities and meetings relating to special enforcement duties where a fee is not generated, at the rate of $40.00 per hour for all such duties and meetings performed during the business hours of 8:00 a.m. and 5:00 p.m. The Municipality shall compensate the Agency for all enforcement duties and meetings occurring other than normal business hours at the rate of $50.00 for each hour including travel time for meetings. No additional time shall be compensated by the Municipality unless approved by the Municipal authority. All other terms and conditions of the Contract for Services dated August 25, 1999 shall remain the same. The effective date of this amendment is March 1, 2001. Thomas DeLacy, President Date INDEPENDENT INSPECTIONS, LTD. Date CITY OF OKEECHOBEE acknowledged and accepted Phone 262-544-8280 G:\WPDATA\MUNI\FLORIDA\Okeechobee-ContracLPa5, d26PLAQk4-8299 Waukesha Office Phone 1-800-422-5220 Waukesha Office EXHIBIT 1 Page 1 of 2 INDEPENDENT INSPECTIONS, LTD. 2811-C Tamiami Trail Port Charlotte, Florida 33952 1-800-422-5220 (941) 629-8676 Fax 1-800-422-9680 FEE SCHEDULE Value of construction for permits will be determined by the most recent publishing of the Southern Building Code Congress International, building valuation data, estimates per square foot, including the regional modifier, of all areas under roof according to the type of construction and use. A. Residential Building - One and Two Family 1. New Structure $4.10 per thousand total valuation $40.00 minimum 2. Remodel/Additions $6.00 per thousand total valuation $40.00 minimum 3. Accessory Structure $6.00 per thousand total valuation $40.00 minimum 4. Roof/Reroof $40.00 5. Plan Review $.40 per thousand total valuation $40.00 minimum B. Commercial Building 1. New Structure 2. Additions 3. Remodel 4. Accessory Structure 5. Roof/Reroof 6. Plan Review 7. Occupancy & Change of Use $5.75 per thousand total valuation $50.00 minimum $7.00 per thousand total valuation $50.00 minimum $7.00 per thousand total valuation $50.00 minimum $7.00 per thousand total valuation $50.00 minimum $7.00 per thousand total valuation $50.00 minimum $1.25 per thousand total valuation $100.00 minimum $50.00 8. Other $50.00 minimum G: \ W PDATA\MUNI\FLORIDA\OKEECHOBEEBLDFEESCHEDULE. DOC EXHIBIT 1 Page 2 of 2 C. Agricultural Building 1. New Structures $5.00 per thousand total valuation $40.00 minimum 2. Addition/Remodel $5.00 per thousand total valuation $40.00 minimum 3. Plan Review $0.20 per thousand total valuation $40.00 minimum D. Mechanical & Miscellaneous 1. Plumbing New Structure, Additions & Alterations - $40.00 plus $.70 per thousand total valuation - $40.00 minimum 2. HVAC New Structure, Additions & Alterations - $40.00 plus $.70 per thousand total valuation - $40.00 minimum 3. Electric New Structure, Additions & Alterations - $40.00 plus $.70 per thousand total valuation - $40.00 minimum 4. Gas New Structure, Additions & Alterations - $40.00 plus $.70 per thousand total valuation 5. Mobile Home Set-up Fee New Structure - $50.00 for the building fee. Electric, plumbing and mechanical permits are separate as needed. (does not include accessory structure) 6. Special Inspections and Hourly rate of $40.00 - Minimum of 1 hour All Other Inspections Where No Permit Fee is Generated, Including but not Limited to Fire Inspection and Radon Inspection 7. Razing Fee a. $40.00 for the first 2000 sq. ft. of all floor areas (total footprint) with no utilities and $15.00 per 1000 sq. ft. of floor area thereafter. b. $70.00 for the first 2000 sq. ft. of all floor areas (total footprint) with utilities and $25.00 per 1000 sq. ft. of floor area thereafter. 8. Re -inspection Fee - $40.00 9. Double Fee required for all work started prior to permit issuance. 10. Failure to call for inspection - $40.00 \\NTSERVER 02\DATA\WPDATA\MUNI\FLORIDA\OKEECHOBEEBLDFEESCHEDULE.DOC • GurreCohtea c,t Building Inspection Agreement Page 3 of 4 10. The Agency shall perform inspections for which no permit fee is required, such as complaints and maintenance inspections, and inspections from permits issued prior to the effective date of this contract at the direction of the Municipal authority and forward those reports to the appropriate person(s) with the findings. The Municipality shall compensate the Agency for any activities and meetings relating to special enforcement duties where a fee is not generated, at the rate of $30.00 per hour for all such duties and meetings performed during the business hours of 8:00 a.m. and 5:00 p.m. The Municipality shall compensate the Agency for all enforcement duties and meetings occurring other than normal business hours at the rate of $40.00 for each hour including travel time for meetings. No additional time shall be compensated by the Municipality unless approved by the Municipal authority. 11. The Agency shall provide a statement for services rendered, and a recap of permits issued for each month. The Municipality shall compensate the Agency by the 15th of the month following the period services were rendered. 12. The Agency agrees to provide these services commencing the date of this document authentication as evidenced by signatures and date. 13. If any provision of this agreement is held to be invalid or unenforceable for any reason, this agreement shall remain in full force and effect in accordance with its terms, disregarding such unenforceable or invalid provision. 14. This agreement may only be modified by a written agreement of the parties executed as an amendment to this agreement. 15. The terms of this agreement may not be assigned by either party. 16. This agreement shall be governed by the laws of the State of Florida with respect to the interpretation and performance. Any suit brought in connection with this agreement will be brought and maintained in Okeechobee County, Florida. 17. The Agency acknowledges that it has selected the inspectors within its employ and agrees to hold harmless and indemnify the Municipality for any and all damages resulting from action or nonaction on the part of the inspectors if such action is fraudulent, intentional or outside the customary scope of the duties performed for the Municipality. The indemnification includes costs, legal fees and damage. 18. This agreement contains the entire understanding of the parties as to the matters contained herein, and it shall not be altered, amended or modified except by a writing executed by the duly authorized agents of both the Municipality and the Agency. CC(A0P00Ct* EXHIBIT 1 Page 1 of 2 INDEPENDENT INSPECTIONS, LTD. 1777 Tamiami Trail, Suite 5006 Port Charlotte, Florida 33948 1-800-422-5220 (941) 629-8676 Fax 1-800-422-9680 FEE SCHEDULE A. Residential Building - One and Two Family 1. New Structure $3.50 per thousand total valuation $30.00 minimum 2. Remodel/Additions $5.00 per thousand total valuation $30.00 minimum 3. Accessory Structure $5.00 per thousand total valuation $30.00 minimum 4. Roof/Reroof $30.00 5. Plan Review $.30 per thousand total valuation $30.00 minimum B. Commercial Building 1. New Structure $5.00 per thousand total valuation $30.00 minimum 2. Additions $5.00 per thousand total valuation $30.00 minimum 3. Remodel $5.00 per thousand total valuation $30.00 minimum 4. Accessory Structure $5.00 per thousand total valuation $30.00 minimum 5. Roof/Reroof $5.00 per thousand total valuation $30.00 minimum 6. Plan Review $1.00 per thousand total valuation $100.00 minimum 7. Occupancy & Change $30.00 of Use 8. Other $30.00 minimum G:1 W PDATA\DOCUMENT\BLDGFEESFLA. DOC . • ��rs h�' Go�fra ��' EXHIBIT 1 Page 2 of 2 C . Agricultural Building 1. New Structures 2. Addition/Remodel 3. Plan Review $5.00 per thousand total valuation $30.00 minimum $5.00 per thousand total valuation $30.00 minimum $0.10 per thousand total valuation $10.00 minimum D. Mechanical & Miscellaneous 1. Plumbing a. New Structure $30.00 plus $0.60 per thousand total valuation b. All other See attached permit form 2. HVAC a. New Structure $30.00 plus $0.60 per thousand total valuation b. All other See attached permit form 3. Electric a. New Structure $30.00 plus $0.60 per thousand total valuation b. All other See attached permit form 4. Mobile Home Set-up Fee a. New Structure $120.00 includes building, electrical, mechanical and plumbing (does not include accessory structure) 5. Razing Fee a. $30.00 for the first 2000 sq. ft. of all floor areas (total footprint) with no utilities and $10.00 per 1000 sq. ft. of floor area thereafter b. $50.00 for the first 2000 sq. ft. of all floor areas (total footprint) with utilities and $25.00 per 1000 sq. ft. of floor area thereafter 6. Special Inspections Hourly Rate - Minimum of 1 hour at $30.00 Hourly Rate - Minimum of 1 hour time outside of normal service hours at $40.00 7. Re -inspection Fees $30.00 Rev. 5/20/99 G:\WPDATA\DOCUMENT\BLDGFEESFLA.DOC - PERMIT FEE COMPARRISON OKEECHOBEE COUNTY CFTY OF OKEECHOBEE Current Proposed R Current Proposed • Single Family Residence Building Permit $327.00 « $350.00 $410.00 Plan Review 40.00 ' 30.00 40.00 Electrical permit 99.40 * 90.00 110,00 Plumbing Permit 91.5G * 90.00 110.00 A/C and Heating Ferman 60.00 " 90.00 110.00 Total $61T90 $610,00 $780.00 Fees were based on a typical new home valued at $100,000.00 with two bathrooms, 3 bedrooms, and a 200 Amp electrical service Mobile Homes Single wide $275.00 * $120.00 $170.00 Double wide $325, 00 * $120.00 $170:00 Perrot fees include building, electrical, plumbing, and heating / air permits. Reroofins Residential 18 squares approx. value $3,000.00 $ 32.25 * $ 30.00 $ 40.00 Commercial 1800 sq_ & approx. value $10,000 S 58.50 " $ 50W $ 70.00 *Current information indicates a rate increase is North coming but the amount of increase is unknown at this time. Prepared 1-122001 ExHIBIT 4 N JAN 16 AGENDA RESOLUTION NO. 01 - 1 RESOLUTION AUTHORIZING EXECUTION OF HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee is very concerned over the appearance of median islands, interchange areas within the corporate limits of the City of Okeechobee; and WHEREAS, the City Council of the City of Okeechobee after discussion with the Department of Transportation of the State of Florida, believes that it can better perform the maintenance of the landscaping in those areas; and WHEREAS, the Department of Transportation of the State of Florida, has agreed to provide funds in the amount of Twenty Eight Thousand Eight Hundred Eighty Dollars and Twenty -Eight Cents ($28, 880.28) per year for a period of one (1) year for the City of Okeechobee to maintain said landscaping; and WHEREAS, the City Council believes such an agreement to be in the best interest of the citizens of the City of Okeechobee. NOW, THEREFORE, be it resolved that the City Council of the City of Okeechobee, does hereby authorize the Mayor to execute an agreement entitled "Highway Landscaping Maintenance Memorandum of Agreement" between the City of Okeechobee and the Florida Department of Transportation, agreeing to maintain the landscaping in median islands, interchange areas and rights -of -way described in said Agreement in exchange for the payment of Twenty Eight Thousand Eight Hundred Eighty Dollars and Twenty -Eight Cents ($28, 880.28) payable at Seven Thousand Two Hundred and Twenty Dollars and Seven Cents ($7,220.07) per quarter for a period of one (1) year. This Resolution shall take effect on the 1st day of Apra 2001. Introduced and Adopted this 16th day of January , 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney • ExHIBiT 5 JAN 16 AGENDA" RESOLUTION NO.01-2 RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA TO PERMIT EMPLOYEE PARTICIPATION IN A 457 DEFERRED COMPENSATION PLAN; PROVIDING FOR ADOPTION OF A DECLARATION OF TRUST WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION (ICMA) RETIREMENT CORPORATION AND ADMINISTRATIVE SERVICES AGREEMENT FOR PLAN ADMINISTRATION; PROVIDING FOR PAYMENT OF PLAN ADMINISTRATION FEES; PROVIDING FOR ESTABLISHING PLAN COORDINATOR; PROVIDING FOR INVESTMENT PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Okeechobee provides for employee benefits, including a retirement plan, in which certain funds are invested as set by city ordinance from time to time, and; WHEREAS, the City does not oppose the investment of retirement benefits in alternative plans to benefit the City Administrator, as stated in his contract of employment with the City, so long as such participation would not cause significant impact on existing plans; WHEREAS, the establishment of a deferred compensation plan for such employee serves the interests of the Employer by enabling it to provide reasonable retirement security for such employee who participates, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS ,the Employer has determined that the establishment of a deferred compensation plan to be administered by the ICMA retirement corporation serves the above objectives; and WHEREAS, the Employer desires that its deferred compensation plan be administered by the ICMA retirement corporation, and that some or all of the funds held under such plan be invested by ICMA retirement trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans; THEREFORE, be it resolved by resolution that the Employer/City of Okeechobee hereby adopts the deferred compensation plan (the "Plan") in the form of The ICMA retirement corporation deferred compensation plan and trust, as referred to in Appendix A attached hereto and incorporated herein, and further: The employer is the City of Okeechobee, Florida, a municipal corporation existing under the laws of the State of Florida, and empowered to adopt this resolution. 2. That the program co-ordinator for the ICMA retirement corporation is designated to be the City administrator for the City of Okeechobee, Florida. The participating employee under the plan by this resolution is limited to the City Administrator. 3. That the account number for this plan is 30-5136. 4. That the Employer/City of Okeechobee hereby executes the declaration oftrust ofthe ICMA retirement trust, attached hereto as exhibit B and incorporated herein, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by Employer, if the assets of the plan are to be invested in the ICMA retirement trust. 5. That the assets of the plan shall be held in trust, with the Employer serving as trustee, for the exclusive benefit ofplan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. 6. That the plan will not permit loans. 7. That the Employer/City of Okeechobee agrees to serve as trustee under the plan. 8. That the City Administrator shall be the co-ordinator for this program; shall receive necessary reports, notices etc. from the ICMA retirement corporation or the ICMA retirement trust; shall cast, on behalf of Employer, any required votes under the ICMA retirement trust; Administrative duties to carry out the plan may be assigned to the appropriate departments, and is authorized to execute all necessary agreements with the ICMA retirement corporation incidental to the administration of the plan. 9. That the contributions to be made to the plan by the Employer/City of Okeechobee shall be such amount or percentage as set by the City Council from time to time for all employees by ordinance, and any plan administration fees, account maintenance fees, compensation for management services, or other assessments under the plan shall be the sole responsibility of the Employer/City of Okeechobee, limited at this time to the sole participant, the City Administrator. APPROVED AND RATIFIED this day of January, 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney ATTACHMENT TO EXHIBIT 5 JAN 16 AGENDA ADMINISTRATIVE SERVICES AGREEMENT Type: 457 Account Number: 5136 W-7-llqhh., Plan # 5 .36 ADMINISTRATIVE SERVICES AGREEMENT This Agreement, made as of the day of , 2000 (herein referred to as the "Inception Date"), between The International City Management Association Retirement Corporation ("RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware; and the City of Okeechobee ("Employer") a City organized and existing under the laws of the State of Florida with an office at 55 SE Third Avenue, Okeechobee, Florida 34974. RECITALS Employer acts as a public plan sponsor for a retirement plan ("Plan") with responsibility to obtain investment alternatives and services for employees participating in that Plan; The ICMA Retirement Trust (the "Trust") is a common law trust governed by an elected Board of Trustees for the commingled investment of retirement funds held by state and local governmental units for their employees; RC acts as investment adviser to the Trust; RC has designed, and the Trust offers, a series of separate funds (the "Funds") for the investment of plan assets as referenced in the Trust's principal disclosure document, "Making Sound Investment Decisions: A Retirement Investment Guide." The Funds are available only to public employers and only through the Trust and RC. In addition to serving as investment adviser to the Trust, RC provides a complete offering of services to public employers for the operation of employee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account record -keeping, investment and tax reporting, form processing, benefit disbursement and asset management. AGREEMENTS 1 . Appointment of RC Employer hereby designates RC as Administrator- of the Plan to perform all non- - discretionary functions necessary for the administration of the Plan with respect to assets in the Plan deposited with the Trust. The functions to be performed by RC include: (a) allocation in accordance with participant direction of individual accounts to investment Funds offered by the Trust; (b) maintenance of individual accounts for participants reflecting amounts deferred, income, gain, or loss credited, and amounts disbursed as benefits; - • - Plan # 5•6 (c) provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts; (d) communication to participants of information regarding their rights and elections under the Plan; and (e) disbursement of benefits as agent for the Employer in accordance with terms of the Plan. 2. Adoption of Trust Employer has adopted the Declaration of Trust of the ICMA Retirement Trust and agrees to the commingled investment of assets of the Plan within the Trust. Employer agrees that operation of the Plan and investment, management and disbursement of amounts deposited in the Trust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure documents (such as the Retirement Investment Guide or Employer Bulletins) as those terms and conditions may be adjusted from time to time. It is understood that the term "Employer Trust" as it is used in the Declaration of Trust shall mean this Administrative Services Agreement. 3. Employer Duty to Furnish Information Employer agrees to furnish to RC on a timely basis such information as is necessary for RC to carry out its responsibilities as Administrator of the Plan, including information needed to allocate individual participant accounts to Funds in the Trust, and information as to the employment status of participants, and participant ages, addresses and other identifying information (including tax identification numbers). RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and RC shall not be responsible for any error arising from its reliance on such information. RC will provide account information in reports, statements or accountings. 4. Certain Representations, Warranties, and Covenants RC represents and warrants to Employer that: (a) RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of RC to serve as investment adviser to the Trust is dependent upon the continued willingness of the Trust for RC to serve in that capacity. Plan # 1b.36 (b) RC is an investment adviser registered as such with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. ICMA-RC Services, Inc. (a wholly owned subsidiary of RC) is registered as a broker -dealer with the Securities and Exchange Commission (SEC) and is a member in good standing of the National Association of Securities Dealers, Inc. RC covenants with employer that: (c) RC shall maintain and administer the Plan in compliance with the requirements for eligible deferred compensation plans under Section 457 of the Internal Revenue Code; provided, however, RC shall not be responsible for the eligible status of the Plan in the event that the Employer directs RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 457 or otherwise causes the Plan not to be carried out in accordance with its terms; provided, further, that if the plan document used by the Employer contains terms that differ from the terms of RC's standardized plan document, RC shall not be responsible for the eligible status of the Plan to the extent affected by the differing terms in the Employer's plan document. Employer represents and warrants to RC that: (d) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. 5. Participation in Certain Proceedings The Employer hereby authorizes RC to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to the divorce or separation of participants in the Employer Plan. Unless Employer notifies RC otherwise, Employer consents to the disbursement by RC of benefits that have been garnished or transferred to a former spouse, spouse or child pursuant to a domestic relations order. 6. Compensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.55% per annum of the amount of Plan assets invested in the Trust. Such fee shall be computed based on average daily net • Plan # 06 Plan assets in the Trust. (b) Account Maintenance Fee. (i) There shall be an annual account maintenance fee of $18.00 . The account maintenance fee is payable in full on January 1 st of each year on each account in existence on that date. For accounts established AFTER January 1st, the fee is payable on the first day of the calendar quarter following establishment and is prorated by reference to the number of calendar quarters remaining on the day of payment. (ii) The account maintenance fee will be waived beginning in the year following the year in which total Plan assets exceed $4 million. (c) Compensation for Management Services to the Trust and Advisory and other Services to the Vantagepoint Funds. Employer acknowledges that in addition to amounts payable under this Agreement, RC receives fees from the Trust for investment management services furnished to the Trust. Employer further acknowledges that certain wholly -owned subsidiaries of RC receive compensation for advisory and other services furnished to the Vantagepoint Funds, which serve as the underlying portfolios of a number of Funds offered through the Trust. The fees referred to in this subsection are disclosed in the Retirement Investment Guide. These fees are not assessed against assets invested in the Trust's Mutual Fund Series. (d) Mutual Fund Services Fee. There is an annual charge of 0.40% assessed against average daily net Plan assets invested in the Trust's Mutual Fund Series. (e) Model Portfolio Fund Fee. There is an annual charge of 0.10% assessed against daily average net Plan assets invested in the Trust's Model Portfolio Funds. (f) Payment Procedures. All payments to RC pursuant to this Section 6 shall be paid out of the Plan assets held by the Trust and shall be paid by the Trust. The amount of Plan assets held in the Trust shall be adjusted by the Trust as required to reflect such payments. 7. Custody Employer understands that amounts invested in the Trust are to be remitted directly to the Trust in accordance with instructions provided to Employer by RC and are not to be remitted to RC. In the event that any check or wire transfer is incorrectly labeled or transferred to RC, RC will return it to Employer with proper instructions. Plan # 5 . 36 8. Responsibility RC shall not be responsible for any acts or omissions of any person other than RC in connection with the administration or operation of the Plan. 9. Term This Agreement may be terminated without penalty by either party on sixty days advance notice in writing to the other. 10. Amendments and Adjustments (a) This Agreement may not be amended except by written instrument signed by the parties. (b) The parties agree that compensation for services under this Agreement and administrative and operational arrangements may be adjusted as follows: RC may propose an adjustment by written notice to the Employer given at least 60 days before the effective date of the adjustment and the notice may appear in disclosure documents such as Employer Bulletins and the Retirement Investment Guide. Such adjustment shall become effective unless, within the 60 day period before the effective date the Employer notifies RC in writing that it does not accept such adjustment, in which event the parties will negotiate with respect to the adjustment. (c) No failure to exercise and no delay in exercising any right, remedy, power or privilege hereunder shall operate as a waiver of such right, remedy, power or privilege. 11. Notices All notices required to be delivered under Section 10 of this Agreement shall be delivered personally or by registered or certified mail, postage prepaid, return receipt requested, to (i) Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E., Suite 600, Washington, D.C, 20002-4240; (ii) Employer at the office set forth in the first paragraph hereof, or to any other address designated by the party to receive the same by written notice similarly given. 12. Complete Agreement This Agreement shall constitute the sole agreement between RC and Employer relating • Plan # 5* to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 13. Governing Law This agreement shall be governed by and construed in accordance with the laws of the State of Florida, applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. In Witness Whereof, the parties hereto have executed this Agreement as of the Inception Date first above written. CITY OF OKEECHOBEE by: Signature/Date Name and Title (Please Print) INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION by: Paul Gallagher Corporate Secretary • Deferred Compensation Plan ICMA RETIREMENT CORPORATION The public service Vantagepoint® since 1972 MA RETIREMENT CORPORATION • USING THE 457 DEFERRED COMPENSATION PLAN RETAIN BOOKLET This is one of two booklets containing information to establish your 457 deferred compensation plan with the ICMA Retirement Corporation. This booklet includes: • Plan Document and Trust • Declaration of Trust,of the ICMA Retirement Trust Please read the information and retain it for your files. This deferred compensation plan has not received a Private Letter Ruling from the IRS. On December 17, 1996, the IRS announced that, until further notice, it will not issue Rulings on 457 plans that are amended for changes resulting from the Small Business Job Protection Act of 1996. The plan will be submitted to the IRS as soon as the Service announces that it will resume reviewing deferred compensa- tion plans and the procedures employers should follow to have their plan reviewed. Upon review, the IRS may require changes to this docu- ment. If changes are required in the document, you will be notified of the changes. For assistance Please contact your 457 plan implementation analyst at 1-800-32h-7272. 4 j fart Adoptian Packaj , Rrrai n Doru at Dr1-rrrrd Compensation Plan Do(umrnr a n J T rust , APrII 1 998 APPENDIX A DEFERRED COMPENSATION PLAN & TRUST Article 1. Purpose The Employer hereby establishes the Employer's deferred Compensation Plan and Trust, hereafter referred to as the "Plan." The Plan consists of the provisions set forth in this document. The primary purpose of this Plan is to provide retirement income and other deferred benefits to the Employees of the Employer and the Employees' Beneficiaries in accordance with the provisions of Section 457 of the Internal Revenue Code of 1980, as amended (the "Code"). This Plan shall be an agreement solely between the Em- plover and participating Employees. The Plan and Trust forming a part hereof are established and shall be maintained for the exclusive benefit of eligible Employees and their Beneficiaries. No part of the corpus or income of the Trust shall revert to the Emplover or be used for or diverted to purposed other than the exclusive benefit of Participants and their Beneficiaries. Article 11. Definitions 2.01 Account: The bookkeeping account maintained for each Participant reflecting the cumulative amount of the Participant's Deferred Compensation, including any income, gains, losses, or increases or decreases in market value attributable to the Employer's investment of the Participant's Deferred Compensation, and further reflecting any distribu- tions to the Participant or the Participant's Beneficiary and any fees or expenses charged against such Participant's Deferred Compensation. 2.02 Accounting Date: Each business day that the Ne ,% York Stock Exchange is open for trading, as provided in Section 6.00 for valuing the Trust's assets. 2.03 Administrator: The person or persons named to carry out certain nondiscretionary adnunistrative functions under the Plan, as hereinafter described. The Employer may remove any person as Administrator upon 60 days' advance notice in writing to such person, in which case the Ein- plover shall name another person or persons to act as Administrator. The Administrator may resign upon 60 days' advance notice in writing to the Employer, in which case the Employer shall name another person or persons to act as Administrator. 2.04 Beneficiary: The person or persons designated by the Participant in his Joinder Agreement who shall receive any benefits payable hereunder in the event of the Participant's death. In the event that the Participant names two or more Beneficiaries, each Beneficiary shall be entitled to equal shares of the benefits payable at the Participant's death, unless otherwise provided in the Participant's Joinder Agreement. If no beneficiary is designated in the Joinder Agreements if the Designated Beneficiary predeceases the Participant, or if the designates; Beneficiary does not survive the Participant for a period of tittem (15) days, then the estate of the Participant shall be the Beneficiary. 2.05 Deferred Compensation: The amount of Normal Compensation othenvise payable to the Participant which the Participant and the Employer mutually agree to defer hereunder, auv amount credited to a Participant's Account by reason of a transfer under section 6.09, or any other amount which the Employer agrees to credit to a Participant's Account. 2.06 Employee: Any individual who provides services for the Emplover, whether as an employee of the Employer or as an independent contractor, and who has been designated by the Employer as eligible to participate in the Plan. 2.07 Includible Compensation: The _amount of an Employee's compensation from the Employer for a taxable vear that is attributable to services performed for the Employer and that is includible in the Employees gross income for the taxable year for federal income tax purposes; such terin does not include any amount excludable from gross income under this Plan or . v other plan described in Section 451((b) of the Code or any other amount excludable from gross income for federal income tax purposes. Inchid- ible Compensation shall be deterinined without regard to any community property laws. 2.08 Joinder Agreement: An agreement entered into between in Employee and the Employer, including any amendments or modifications thereof. Such agreement shall fix the ainount of Deferred Compensation, specify a prefer- ence among the investment alternatives designated by the Employer, designate the Employee's Beneficiary or Benefi- ciaries, and incorporate the terms, conditions, and provisions of the Plan by reference. ...........................................................................................I................ Onr *A RETIREMENT CORPORATION • 2.09 Normal Compensation: The amount of Com- pensation which would be payable to a Participant by the Employer for a taxable year if no Joinder agreement were in effect to defer compensation under this Plan. 2.10 Normal Retirement Age: age 70-1/2, unless the Participant has elected an .alternate Normal Retirement Age by written instrument delivered to the Administrator prior to Separation from Service. A Participant's Normal Retire- ;nent Age determines the period during which a Participant may utilize the catch-up limitation of Section 5.02 hereun- der. Once a Participant has to any extent utilized i.e catch- up limitation of Section 5.02, his Normal Retirement Age naav not be changed. A Participant's alternate Normal Retirement Age niav not be earlier than the earliest dare that the Participant %will become eligible to retire and receive unreduced retirement benefits under the Employer's basic retirement plan covering the Participant and may not be later than the date -he Participant will attain age 70-1/2. Ifa Participant continues employment after attaining age 70 - 1 /2, not havir:y previ- ously elected alternate Normal Retirement Age, t .e Parricipant's alternate Normal Retirement Age shall not be Luc- than the ivar.darory retirement age, if any, est::blished by the Employer. or the age at which the Participant actually separates froin service if the Employer has no naa:adatory retirement age. If the Participant will not become eligible to receive benefits under a basic retirement plan maintained by the Einployer, the Participant's alternate Normal Redreinent 'age inav not be earlier than age 55 and tnav not be later than age 70 2.11 Participant: Ali,,- Employee ;vho has joined the Plan pursuant to the requirements of Ar::cle IV. 2.12 Plan Year: The calendar year. 2.13 Retirement: The first date upon which both oFthe Followin, shall have occurred with respect to a p :rticipaiit: Scpararlon froin Service and attainment of age t, _ 2.14 Separation From Service: Severance P,�rncipant's eniplovnaent %vich the Employer whic`i :onsti- tes a -separation from service" within the nae-amng of Section 40- (d) !4) (A) (in) of the Code. In gener.il, a Particip:aut diail be deemed ro have severed his e::iploynaent •.virh ncc Enployer for purposes of this Plan when. in a; cordanre with the established practices of the Employer, the eniptoytnent relationship is considered Co hav: - .actually terminated. In the case of a Participant who is an indepen- dent contractor of the Employer, Separation from Service shall be deemed to have occurred when the Participant's contract tinder which services are performed has completely expired and terminated, there is no foreseeable possibility that the Employer will renew the contract or enter into a new contract for the participant's services, and is not antici- pated that the participant will become an Employee of the Employer. 2.15 Trust: The Trust created under Article VI of the Plan which shall consist of all compensation deferred under the Plan, plus ant- income and gains thereon, less any losses, expenses and distributions to Participants and Beneficiaries. Article IV. Administration 3.01 Duties of the Employer: The Employer shall have the authority to make all discretionary- decisions affecting the rights or benefits of Participants which may be required in the administration of this Plan. The Employer's decisions shall be afforded the maximum deference permitted by applicable law. 3.02 Duties of Administrator: The Administrator, as agent for the Employer, shall perform nondiscretionary administrative functions in connection with the Plan, including the maintenance of Participants' Accounts, the provision of periodic reports of the status of each Account, and the disbursement of benefits on behalf of the Employer in accordance with the provisions of this Plan. Article IV. Participation in the Plan 4.01 Initial Participation: An Employee may become a Participant by entering into a Joinder Agreement prior to the beginning of the calendar month in which the Joinder Agreement is to become effective to defer compensation not vet earned. 4.02 Amendment of Joinder Agreement: A Participant may amend ;in executed ioinder A —regiment to change the aiuiount of . ollipens:tion not yet earned which is to be deferred (including the reduction of such future deferrals to zero) or to change his investment preference (subject to such restrictions as may result from the nature of terms of any investment :made by the Employer). Such amendment shall become effective as of the beginning of the calendar month cuuumencing after, the date the amendment is executed. A Participant may At any time amend his Joinder Agreement to change the designated Beneficiary, and such amendment shall become effective immediately. ............................................................................................................. Two i !an A dopr1on Packag,! Rrtai n Doc a ,t D r l r rr e J C o m P r n, a t i o n P i a r: D ,, a m t n r, AP r i l 1 9 9 8 Article V. Limitations on Deferrals 5.01 Normal Limitation: Except as provided in section 5.02, the Maxinluni amount of Deferred Compensation for any Participant for any taxable year shall not exceed the lesser of S 7 1,500.00, as adjusted for the cost -of -living in accordance with Code section 45y(e)(15) 'tor taxable years beginiung after December 31, 1990 (the "dollar limitation"). or 33-11/3 percent of the parricipallt•s Includible Compensa- tion for the taxabie year. This limitation will ordinarily be equivalent to the lesser of tine dollar Limitation in effect for the taxable year or 25 percent of the Participant's Normal Compensation. 5.02 Catch -Up Limitation: For each of the last three (3) taxable years of a Participant ending before his attainment of Normal Retirement Age, the lnaxilnum amount of Deferred Compensation shall be the lesser of: (1) 315,000 or (2) the suln of (i) the Normal Limitation for the taxable year, and (ii) the Norn.al I,ilnitntion for each prior taxable year of the Participant conunencin atter 19-/ S less the amount of the Participant'; Deferred Compensation for such prior taxable years. A prior taxable year shall be c,ken into account under the precedilh� sentence only if (i) the Participant was eligible to participate in the Plan for such rear ;;or in anv other eligible defrued compensation plan established under Section 457 dthe Code A hich is properl-,� taken into a�CULlllt pLI rs llal It to re_Ll !at to ns Linder section 457), :Illd (Il) coulpensatioll ;ifanv` deferred under the Plan (or such other plan) was subject to the d.t,rral limitations set torth in Section 5.1)1 5.03 Other Plans: The alnoulit excludable troni :I Participant's gross the< Pl,ul or anv other eligible Crre.l compensation plain Lander section 437 of the Code shall not exceed 1S7,500.O0 (_or such greater amount allo�.ved Linder Sections 5.U1 or 5,u2 ottee Plan), less any amount excluded troul gross income nude: section 403(b), 4�12('a;i(S), or ll)?!h (1)(13) of the Cod., or .any allwunt with respect to xhicli A dcoluction is a'uie by reason of a contribution to an or--anization described ill section 50 t (c)(IS) ofthc Code. Article VI. Trust and Investment of Accounts 6.01 Investment of Deferred Compensation: A Trust is herebv created to hold all the assets of the Plan for the exclusive benefit of Participants and Beneficiaries, except that expenses and taxes may be paid froni the Trust as provided in Section 0.03. The trustee shall be the Employer OF nlch other person which agrees to act in that capacity hereunder. 6.02 Investment Powers: The trustee or the Plan Administrator, acting is agent for the trustee, shall have the powers listed in this Section with respect to investment of Trust assets, except to the extent that the investment of Trust assets is directed by Participants, pursuant to Section 0.05. (a) To invest and reinvest the Trust without distinction between principal and income in common or preferred stocks, shares of regulated investment companies and other nluti:al funds, bonds, loans, notes, debentures, certificates of deposit, contracts with insurance companies including but not limited to insurance, individual or group annuity, deposit administration, guaranteed interest contracts, and deposits at reasonable rates of interest at banking institutions including 'out not limited to savings accounts and certificares of de^osit. Assets of the Trust may be iliv-'sted in securities that involve A hi,her degree of risk than investments that have den:orstrated their investment performance over an extruded :)"nod of time. (b; To invest And reinvest all or .Inv part of the assets of the Trust in any conlinon, collective or commingled trust tiled that is unaintailled by a bank or other institution and that is available to Eniployee plans described under sections 457 or 401 of the Code, or anv successor provisions thereto, and during the of time that An investment through anv such uiediuni shall exist. to the -extent of particl, at; ii of the n flas the dec!,Ininon of trust of such comnlonl%- collective, r nlulir. Li trust fund shall constitute a part of this; Plan. .......................... .................................... .................... I ........... I............. Three *A RETIREMENT CORPORATION • (c) To invest and reinvest all or anv part of the assets of the Trust in any group annuity, deposit administration or guaranteed interest contract issued by an insurance company or other financial institution on a commingled or collective basis with the assets of any other +57 plan or trust qualified under section 401(a) of the Code or any other plan de- scribed in section 401 (a)(34) of the Code, and such con- tract may be held or issued in the name of the Plan Admin- istrator, or such custodian as the Plan Administrator may appoint, as agent and nominee for the Employer. During the period that an investment through any such contract shall exist, to the extent of participation of the Plan, the terms and conditions of such contract shall constitute a part of the Plan. (d) To hold cash awaiting investment and to keep such portion of the Trust in cash or cash balances, without liability for interest, in such amounts :u ❑tav From time to time be deemed to be reasonable and necessary to meet obligations under the Plan or otherwise to be in the best interests of the Plan. (e) To hold, to authorize the holding of, and to register any investment to the Trust in the name of the Plan, the Employer, or any nominee or agent of am, of the foregoing, includin- the Plan Administrator, or m bearer form, to deposit or arrange for the deposit of securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by any other person, and to organize corporations or trusts under the laws of any jurisdiction for the purpose of acquiring or holding title to any property for the Trust, all with or without the addition of words or other action to indicate that property is held in a fiduciary or representative capacir� but the books and records of the Plan shall at all times show that all such investments are part of the Trust. (t) Upon such terms as may be deemed advisable by the Employer or the Plan Administrator, as the case may be, for the protection of the interests of the Plan or for the preser- vation of the value of an investment, to exercise and enforce by suit for legal or equitable remedies or by other action, or to waive any right or claim on behalf of the Plan or any default in any obligation owing to the Plan, to renew, extend the time for payment of, agree to a reduction in the rate of interest on, or agree to any other modification or change in the terms of any obligation owing to the Plan, to settle, compromise, adjust, or submit to arbitration any claim or right in favor of or against the Plans to exercise and enforce any .:::d all riglits of foreclosure, bid for property in foreclosure, : _d take a deed in lieu of toreclosure with or without payi:._ consideration the.__or, to commence or defend suits cr other legal proceedings whenever any interest of the Plan re:,uires it, and to represent the Plan in all suits or legal proceedings in any court cflaw or equity or before anv body or-r:bunal. (g) To empic: suirible consultants, depositories, agents, and le-,,l counsel --n behalf of the Plan_ (h) To open -nd maintain -,my bank account or accounts in the naine of t*.e Plan, the Employer, or any, noininte or agent of the _ regoin�, including the Plan Administrator, in any bank or ' anks. (i) To do anv and .ill other acts that may be deemed neces- sary to carry ut any of the powers set forth herein. 6.03 Taxes and Expenses: Ali taxes of any and all kinds whatsoever t at may be levied or assessed under existing or future laws u-on, or in respect to the Trust, or the inceine thereof, and ail commissions or acquisitions or dispositions of securities an": similar expenses of investment and reinvest- ment of the Trust, shall be paid froin the Trust. Such reasonable :cnipensation of the Kin Administrator, as niav be agreed up,)n from time to time by the Employer and the Plan Admins-razor, and reimbursement for reasonable expenses inc_:-:ed by the Plan Administrator in pert orinance of its duties ::ereunder (including but not limited to fees for legal, accoa::-ing, investment and custodial services) shall also be paid _rn)rn the Trust. 6.04 Payment of Benefits: The paynienc of benefits from the Tr--- in accordance with the terins of the Plan may be made by the Plan Administrator, or by anv custodian or ocher peron so authorized by the Employer to make such disbursement. The Plan Administrator, custodian or other person shall :.ot be liable with respect to an, distribution of Trust assets at the direction of the Employer. 6.05 Investment Funds: In accordance with uniforin and nondiscriuii :story miles established by the Employer and the Plan Adniinisrator, the Participant may direct his/her Accounts cc e invested in one (1) or more investment binds available under the Plan; provided, however, that the Participant's investment directions shall not violate any investment restrictions established by the Employer. Neither the Employer, the Administrator, nor any other person shall be liable for an, losses incurred by virtue of following such directions or %with any reasonable administrative delay in implementing such directions. ...................................................................................................I......... Fuur 4 i I an A JoPrioit P a c kaEr R"din Docu, t t Drt; ri cd Compensation Pl,tn Doru,nrnt, Ap ri 1 1 998 6.06 Valuation of Accounts: As of each Accounting Date, the P'an assets held in each investment fund offered shall be valued at tair market value and the investment income and "sins or losses for each fund shall be determined. Such in estment income and <gains or losses shall be allocated proportionately anion; all Account balances on a fund-bv- Cui«i basis. The allocation shall be in the proportion that .acli such Account balance as of the immediately preceding Accounting Date bears to the total of .ill such Account balances as of that Accounting Date. For purposes of this Article, all Accourit balances include the Account balances of ail Participants and Beneficiaries. 6.07 Participant Loan Accounts: Participant Loan ACCOUms shall be invested in accordance with Section 8.03 or -:he Plan. Such Accounts shall not share in any investment income anti gains or losses of the investment funds described in Sections 6.05 and 6.06. 6.08 Crediting of Accounts: The Participant's Account s1.a11 reflect the amount and value of the investments or ether property obtained by the Employer through the investment of the Participant's Deferred Compensation pl_nrsuant to Sections 6.05 and 6.06. It is anticipated that the Employer's investments with respect to a Participant will conrorm to the investment preference specified in the Participant's Joinder Agreement, but nothing herein shall be conanie�l to require the Ennplover to make any particular iuve�tl,ent of i Participant's Deferred Compensation. Each P.rtic:p int shall receive periodic reports, not less frequently r_l.an :uinually, showing the them current value ofhis%her Account. 6.09 Transfers: :i h.conning Transfers: A transfer may be accepted from an exigible deferred compensation plan maintained by another �-nnplover and credited to a Participant's ACC OLnnC under the Plan it (I) the Participant has separated from service %vith that e:nplover and become an Employee of the Employer, and 'ii; tl.e other employer's plan provides that such transfer will be made. The Employer n.av require such documentatiou rrom the predecessor plan as it deems necessary to et1"ectuate the transfer, to confirm that such plan is an eligible deferred conipmsatiou plan within the meaning of Section 457 of the Code, and to assure that transfers are provided for under such plan. The Employer may refuse to accept a transfer in the fomi of assets other than cash, unless the Employer and the Administrator agree to hold such other assets under the P l.ul . Anv such tr ,nsterred amount shall be treated as a deferral subject to th_e limitations of Article V, except that, for purposes otapplying the limitations of Sections 5.01 and 5.02. an amount deferred during any taxable year under the plan from which the transfer is accepted shall be treated as if it has been deterred under this Plan during such taxable year and compensation paid by the transferor employer shall be treated as if it had been paid by the Employer. (b) Outgoing Transfers: An amount inay be transferred to an eligible det rred compensation plan maintained by another emplover, and charged to a Participant's Account under this Plan, if (i) the Participant has separated from service with the Employer and become an employee of the other employer, (ii) the other employer's plan provides that such transfer will be accepted. and (iii) the Participant and the employers have si,ned such agreements as are necessary to assure that the Employcr', liability to pay benefits to the Participant has been discharged and assumed by the other employer. The Employer n::a: require such documentation from the other plan as it dee:ns necessary to effectuate the transfer, to confirm th:nt such plan is in eligible deferred compensation plan: %within the meaning of section 457 of the Code, and to assure that car.sfers are provided For under such plan. Such transfers shall be made only under such circumstances as are pcmim:d under section 457 otthe Code and the regulations thereunder. 6.10 Employer Liability: In no event shall the Employer's liability to p:r. benefits to a Participant under this Plan exceed the -'slue ofthe amounts credited to the Participant's Accouut: neither the Employer nor the Administrator shill be liable fur l,»ses arising From depreciation or shrinkage in the V aiue investments acquired under this Plan. ......................................................... ..................................... I.............. Fi ICMA RETIREMENT CORPORATION Article VII. Benefits 7.01 Retirement Benefits and Election on Separation from Service: Except as otherwise provided in this Article I'll, the distribution of a Participant's Account shall coni- mence as of April 1 of the calendar year after the Plan Year of the Participant's Retirement, and the distribution of such Retirement benefits shall be inade in accordance with one of the payment options described in Section 7.02. Notwith- standing the foregoing, but subject to the following para- graph of this Section 7.01, the Participant may irrevocably elect within 60 days following Separation from Service to have the distribution of benefits commence on a fixed deterniinable date other than that described in the preceding sentence which is at least 61 days after Separation froin Service, but not later than April 1 of the year following the year of the Participant's Retirement or attainment of age 70- 1/2, whichever is later. Notwithstanding the foregoing provisions of this Section 7.01, no election to defer the commencement of benefits after a separation from service shall operate to defer the distribution of any amount in the Participant's Loan Account in the event ofa default of the Participant's loan. Effective on or after January 1, 1997, the Participant inay elect to defer the conaniencenient of distribution of benefits to a fixed determinable date later than the date described above, but not later than April 1 of the year following the vear of the Participant's retirement or attainment of age 70- 1/2, whichever is later, provided (a) such election is made after the 61st day following Separation from Service and before commencement of distributions and (b) the Partici- pant niay make only one (1) such election. Notwithstanding the foregoing, the Administrator, in order to ensure the orderly administration of this provision, may establish a deadline after which such election to defer the commence- ment of distribution of benefits shall not be allowed. 7.02 Payment Options: As provided in Sections 7.01, 7.04 and 7.05, a Participant or Beneficiary may elect to have value of the Participant's Account distributed in accordance with one of the following payinent options, provided that such option is consistent with the limitations set forth in Section 7.03. (a) Equal monthly, quarterly, semi -.annual or annual pay- ments in an amount chosen by the Participant, continuing until his/her Account is exhausted: (b) One lump -sum- pavnient; (c) Approximately equal monthly, quarterly, semi-annual or annual payments, calculated to continue for a period certain chosen by the Participant. (d) Annual Payments equal to the niininium distributions required under Section 401(a) (9) of the Code over the life expectancy of the Participant or over the life expectancies of the Particip:u:t and his Beneficiary. (e) Payments equal to payments made by the issuer ofa retirement annuity policy acquired by the Employer. (f� A split distribution under which payments under options (a), (b), (c) or (e) commence or are inade at the same time, as elected by the Participant under Section 7.01, provided that all payments commence (or are made) by the latest benefit comnienceuaent date under Section 7.01 and that once a payment is inade subsequent payments will be made in substantially nonincreasing amounts. (g) Any payment option elected by the Participant and agreed to by the Employer and Administrator, provided that such option must provide for substantially nonincreasing payments for any period after the benefit commencement date under Section 7.01. A Participant's or Beneficiary's selection ofa payment option made after December 31, 1995, under Subsections (a), (c), or (g) above nia}' include the selection of an automatic annual cost-of-Ilving increase. Such increase will be based oil the rise in the Consumer Price Index for All Urban Consumers ((--PI-U) from the third quarter of the last year in which a cost -of -living increase was provided to the third quarter of the current year. Any increase will be made in periodic payment checks beginning the following January. The first cost -of -living increase will be based on the rise in the CPI-U from the third quarter of 1995 to the third quarter of 1990. and %will be applied to amounts paid beginning January 1997. A Participants or Beneficiary's election ofa payinent option must be made at least 30 days before the payment of benefits is to continence. If a Participant or Beneficiary fails to make a timely election ofa payinent option, benefits shall be paid monthly under option (c) above for a period of five years or such shorter period of time necessary to ensure that the amount of anv installment is not less than S1,200 per year, without the inclusion ofa cost -of -living.; increase. .............................................................................. S ix d 5 i ,( d n A d o p r i o n Pa c k a_t c R c t a i n D o c u m, tit D c r l d r a b a u o f Ti u, 1 0 t t h r I C AIA R r r i rr rn r a r T r u s r, A p r y I 1 9 98 7.03 Limitation on Options: No payment option may be selected by a Participant under subsections 7.02(a) or (c) unless the amount of any installment is not less than S1,200 per year. No payment option may be selected by a Partici- pant or Beneficiary under Sections 1 .02, 7.04, or 7.05 unless it satisfies the requirements of Sections 401(a) (9) and 4,57(d)(1 of the Code, including that payments commencing before the death of the Participant shall satisfy the incidental death brnefirs requirement under section 457(d)(2)(B)(i)(1). A cost -of -living increase included as part of a payment option selected under Section 7.02 shall not be considered to Call to satisfy the requireinent under section 457(d)(2)(b) that any distribution Made over a period of more than one year can only be made in substantially nonincreasing amounts. Unless otherwise elected by the Participant (or spouse, in the case of distributions described in Section 7.05 below) by the time distributions are required to begin, life expectancies shall be recalculated annually. Such election shall be irrevocable as to the Participant (or spouse) and shall apply to all subsequent years. The life expectancy of a nonspouse Beneficiary may not be recalculated. 7.04 Post -retirement Death Benefits: (a) Should the Participant die after he/she has begun to receive benefits under a payment option, the remaining payments, if any, under the payment option shall be payable to the participant's Beneficiary within the 30-day period conamencint; with the 61st day after the Participant's death, unless the Beueficiai?, elects payment under a different pay- nteut option that is available under Section 7.02 within 60 days of the Participant's death. Any diferent payurent option elected by a Beneficiary under this section must provide for pavuaents .Lt a rate that is at least as rapid under the payment option that was applicable to the Participant. In no event shall the Employer or Administrator be liable to the Bene6- ciary for the aniouut of anv payment made in the name or the Participant before the Administrator receives proot of death of the Participant. b) If the designated 13eneticiary does not continue to live for the remaining period of payments under the payment option, then the coninauted value of any remaining pay- ments under the payment option shall be paid in a lump SUM to the estate of the Beneficiary. In the event that the Participant's --estate is the Beneficiary, the counnuted value of any remaining payments under the payment option shall be paid to the estate in a lump surer. 7.05 Pre -retirement Death Benefits: (a) Should the Participant die before he has begun to receive the benefits provided by Section 7.01, the value of the ParticiDant's Account shall be payable to the Beneficiary commencing within the 30-day period commencing on the gist dav attar the Participant's death, unless the Beneficiary elects a difermt fixed or determinable benefit commence-- nrent date within 90 days of the Participant's death. Such benetit coinniencement date shall be not later than the later of (i) Dece_ber 31 of the year following the year of the participant's death, or (ii) if the Beneficiary is the Participant's spouse, December 31 of the year in which the Participant ',yould have attained age 70-1/2. (b) Unless a Beneficiary elects a different payment option prior to the benefit conanaencenierrt dare, death benefits under this Section shall be paid in approximately equal annual installments over five years, or over such shorter period as may be necessary to assure that the amount of any annual inst;ilnrent is not less than S3,501). A Beneficiary shall be treated as if he/she were a Participant for purposes of determining, the payment options available under Section 7.02, provided, however, that the payinent option chosen by the Beneficiary must provide for payments to the Beneficiary over a period no longer than the life expectancy of the Benefician-, and provided that such period may nor exceed (15) years if the Beneficiary is not the Participant's spouse. (c) In the event that the Beneficiary dies before the payment of death benefits has conmienced or been completed, the remaining value of the Participant's Account shall be paid to the estate of the Beneficiary in a lump suns. In the event that the Participant's estate is the Beneficiary, payment shall be made to the 'state in a lump sum. 7.06 Unforeseeable Emergencies: (a) III the evert an unforeseeable eniergencv occurs. a Participant may apply to the Employer to receive that part of the value of his/her Account that is reasonably needed to satisfy the cntergency need. If such an application is ap- proved by iiie Employer, the Participant shall be paid only such amount as the Employer deeins necessary to meet the C111MIencv rie1d, but payment shall not be inade to the extent that :he Financial hardship inay be relieved through cessatiou of deferral under the Plan, insurance or other rein ibursenietit, or liquidation of other assets to the extent such liquidation would not itself cause severe financial hardship. ............................................................................................................ "V, 11 aRETIREMENT CORPORATION • (b) An unforeseeable eniergency shall be deemed to involve only circumstances of severe financial hardship to the Participant resulti:: froin a sudden unexpected illness, accident, or disabil,:y of the Participant or of a dependent (as defined in section 1 5'_(a) of the Code) of the Participant, loss of the Participant's property due to casualty, or other similar and extraordinary unforeseeable circumstances arising as a result of evenrs beyond the control of the Participant. The need to send Participant's child to college or to purchase a new henie shall not be considered unforeseeable emergencies. The determination as to whether such an unforeseeable eine-�encv exists shall be based on the merits of each individual :ase. 7.07 Transitional Rule for Pre-1989 Benefit Elections: In the event that. prior to January 1, 1989, a Participant or f3eneficiary has receiving benefits under a payuaent option or has irrevocably elected a payment option or benefit lit date, then that paynnent option or election shall reian:a:: in effect notwithstanding any other provision of the Pl..n. 7.08 De Minimis Accounts: Notwithstanding the forego -provisions of -..is _-article, if the value of a Participant's A,:cOUrnC does not e_:ceed the dollar hinit under section 41 11,1) (1 1) (A) of -hc Code and (a) no amount has been deferred under th_ Plan with respect to the Participant during the 2-year period on the date of the distribu- tion and (b) there 11,is been no prior distribution under the Plan to the P:arti,::_allt pursuant to this Section 7.(18, the Participant to receive or the Employer m:ry distrihute the -entire Account without the consent of the Pa--i--ipant. Such distribution shall be made in a lump sum. Article Vill. Loans to Participants 8.01 Availability of Loans to Participants: (a) Effective Januar.- 1, 1997, the Employer uray elect to make loans avail,,ble to Participants in this Plan. If the Einplover has to snake loans available to Participants, a Participant ni apply for a loan froin the Plan subject to the hinitations arid' other provisions of this Article. (b) The Employcr ;hall establish avritten guidelines govern - in,) tlne granting or -loans, provided that such guidelines are pproved by the Plan Administrator and are not inconsistent with the provisions of this Article, and that loans :are made available to all Participants on a reasonably equivalent basis. 8.02 Terms and Conditions of Loans to Participants: Any loan by the Plan to a Participant under Section 8.01 of the Plan shall satisfy the following requirements: (a) Availabihiv. Loans shall be inade available to all Partici- pants on a reasonably equivalent basis. (b) Interest Rate. Loans must be adequately secured and bear a reasonable interest rate. (c) Loan Limit. No Participant loan shall exceed the present value of the Participant's Account. (d) Foreclosure. In the event of default on any installment pav+nent, the outstanding balance of the loan shall be a deemed distribution. In such event, an actual distribution of a plan loan ottiet ainount will not occur until a distributable event occurs in the Plan. (e) Reduction of Account. Not-, ithstandin'-r any other provision of this Plan, the portion of the Participant's Account balance used as a security interest held by the Plan by reason of a loan outstanding to the Participant shall be taken into account for purposes of determining the amount of the Account balance payable at the time ofdeath or distribution, but only if the reduction is used as repayinent of the lo.ua. (f) _-amount of Loan. At the tune the loan is made, the prilncipal :amount of the loan plus the outstanding balance .(principal plus accrued interest) due oil :any other ouatariding loans to the Participant froin the Plan and from all other plans of the Employer that are qualdfied employer plans under section 7?(p)(4) of the Cod., shall not exceed the least of 1) S,5O,f)(M, reduced by the excess (iEany) of �) The highest outstanding balance ot'loans from the Plain during; the one (1) year period ending oil the day betore the date on which the loan is nnade, over b) The outstanding balance of loans from the Plan on dae date oil which such loan is nnade; or (2) ()nc-half of the value of the Participant's interest in all of his/her accounts under this Plan. ............................................................................................................. Ei. Irt 4 3 7 P l a n A d o p t i o n P a c k a g e R e t a i n D o r u m r n t D e( I a r a r i o n o f T r u s t o% t h e 1 C .11 A R r t i r r m r n t T r u s t, A p r i l 1 9 9 3 (g) Application for Loan. The Participant must give the Employer adequate written notice, as determined by the Employer, of the amount and desired time for receiving a loan. No more than one (1) loan may be made by the Plan to a Participant's in any calendar year. No loan shall be approved if an existing loan from the Plan to the Participant is in default to any extent. (h) Length of Loan. Any loan issued shall require the Participant to repay the loan in substantially equal install- ments of principal and interest, at least monthly, over a period that does not exceed five (5) years from the date of the loan; provided, however, that if the proceeds of the loan are applied by the Participant to acquire any dwelling unit that is to be used within a reasonable time (determined at the time of the loan is trade) after the loan is made as the principal residence of the Participant, the five (5) year limit ,hall not apply. In this event, the period of repayment shall not exceed a reasonable period determined by the Employer. Principal installments and interest payments otherwise due may be suspended for up to one (1) year during an autho- rized leave of absence, if the promissory note so provides, but not beyond the original tern permitted under this subsection(h), with a revised payment schedule (within such tern) instituted at the end of such period ofsuspension. Prepayment. The Participant shall be permitted to repay the ioan in whole or in part at any tune prior to maturity, I.yithout penalty'. , Prounissonr Note. The loan shall be evidenced by a proinissor✓ note executed by the Participant and delivered to the Employer, and shall bear interest at a reasonable rate �letenuined by the Employer. k Security. The loan shall be secured by an assignment of the participant's right, title and interest in and to his/hcr Account. T Assignineiit or Pledge. For the purposes of paragraphs (f} tied (g), assignment or pledge of any portion of die 11articipaiit's interest in the Plan and a loan, pledge, or assignment with respect to any insurance contract purchased under the Plau_ will be treated as a loan. (m) Other Terms and Conditions. The Employer shall fix such other terms and conditions of the loan as it deems necessary to comply with legal requirements, to maintain the (_ivalitication of the Plan and Trust under section 457 of the Code, or to prevent the treatment of the loan for tax purposes as a distribution to the Participant. The Employer, in its discretion for any reason, may fix other terms and conditions of the loan, not inconsistent with the provisions of this Article and section 72(p) of the Code. 8.03 Participant Loan Accounts: (a) Upon approval of a loan to a Participant by the Em- ployer, an amount not in excess of the loan shall be trans- ferred from the Participant's other investment fund(s), described in Section 6.05 of the Plan, to the Participant's Loan Account as of the Accounting Date immediately preceding the agreed upon date on which the loan is to be made. (b) The assets of a Participant's Loan Account tray be invested and reinvested only in promissory not.— received by the Plan from the Participant as consideration for a loan perniitred by Section 8.01 of the Plan or in cash. Uninvested cash balances in a Participant's Loan Account shall not bear interest. Neither the Employer, the Adtninistrarer. nor any other person shall be liable for any loss, or by reason of any breach. that results from the Participant's exercise of such control. (c) P.epayment of principal and payment of interest shall be made by payroll deduction or, where repayment :annot be made by payroll deduction, by check, and shall b. invested in one (1) or more other investment Funds, in ac_-ordance with Section 6.05 of the Plan, as of the next Acccunting Date after pavinent thereof to the Trust. The amount so iuveseti shall be deducted from the Participant's Loan Account. (d) The Einplover shall have the authority to establish other reasonable rules, not inconsistent with the provis:ons of the Plau, govenaing the establishment and maintenat:ce of Participant Loan Accounts. Article IX. Non -assignability 9.01 In General: Except as provided in Article `i III and Section ` 02, no Participant or Beneficiary shall nave any right to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive any payments hereunder, which payments and rights are expressly declared to be non -assignable and non -transferable. ............................................................................................................. Vine !MA RETIREMENT CORPORATION i 9.02 Domestic Relations Orders: (a) Allowance of Transfers: To the extent required under tinal judgement, decree, or order (including approval of a property settlement agreement) made pursuant to a state domestic relations law, any portion of a Participant's Ac- count may be paid or set aside for payment to a spouse, former spouse, or child of the Participant. Where necessary to carry out the terms of such an order, a separate Account shall be established with respect to the spouse, former spouse, or child who shall be entitled to make investment selections with respect thereto in the same manner as the Participant; airy amount so set aside for a spouse, former spouse, or child shall be paid out ill a lump sum at the earliest date that benefits may be paid to the Participant, unless the order directs a different ciine or form of payment. Nothing in this Section shall be construed to authorize any amount to be distributed under the Plan at a time or in a form that is not permitted under Section 457 of the Code. Any payment made to a person other than the Participant pursuant to this Section shall be reduced by required income tax withholding; the fact that payment is made to a person other than the Participant may not prevent such payment trom being includible in the gross income of the Participant for withholding and income tax reporting purposes. (b) Release from Liability to Participant: The Employer's liability to pay benefits to a Participant shall be reduced to the extent that amounts have been paid or set aside for payment to a spouse, former spouse, or child pursuant to paragraph (a) of the Section. No such transfer shall be effectuated unless the Employer or Administrator has been provided with satisfactory evidence that the Employer and the Administrator are released from any further claim by the Participant with respect to such amounts. The Participant shall be deemed to have released the Employer and the Administrator troin any claim with respect to such amounts, in any case in which (i) the Employer or Administrator has been served with legal process or otherwise joined in a proceeding relating to such transfer, (ii) the Participant has been notified of the pendency of such proceeding in the manner prescribed by the law of the jurisdiction in which the proceeding is pending for service of process in suh c action or by mail from the Employer or Administrator to the Participant's last known mailing address, and (iii) the Partici- pant fails to obtain an order of the court in the proceeding relieving the Employer or Administrator from the obligation to comply with the judgment, decree, or order. (c) Participation in Legal Proceedings: The Employer and Administrator shall not be obligated to defend against or set aside any ju igenient, decree, or order described in paragraph (a`; or anv le_-a1 order relating to the garnishment of a Participant's 'benefits, unless the full expense of such legal action is borne by the Participant. [n the event that the Parricipant's action (or inaction) nonetheless causes the Employer or Administrator to incur such expense. the amount of the expense may be charged against the Participant's Account and thereby reduce the Employer's obligation to pay benefits to the Participant. In the course of an,,- proceeding relating to divorce, separation, or child support, the Employer and Administrator shall be authorized to disclose information relating to the Participant's Account to the Participant's spouse, former spouse, or child (including the legal representatives of the spouse, former spouse, or child), or to a court. Article X. Relationship to other Plans and Employment Agreements This Plan serves in addition to any other retirement, pen- sion, or benefit plan or system presently in existence or hereinafter established for the benefit of the Employer's employees. and participation hereunder shall not affect benefits re:ivable under any such plan or system. Nothing contained in this Plan shall be deemed to constitute an employmieta contract or agreement between any Participant and the Employer or to give any Participant the right to be retained in the employ of the Employer. Nor shall anything herein be construed to modif}- the terms of any employment contract or agreemient between a Participant and the Em- ployer. Article XI. Amendment or Termination of Plan - The Employer may at any time amend this Plan provided thar it traristnits such atnendtneut in writing to the Adminis- trator at least 30 days prior to the effective date of the amendinenc. The consent of the Administrator shall not be required in order for such amendment to become effective, but the Administrator shall be under no obligation to continue acring as Administrator hereunder if it disapproves of such amendment. The Employer may at any time termi- nate this Plan. ............................................................................................I................ T, n 457 an Adoption Package Retain Doeur t D eci a rat i o n o f Tr u s t o f t h e I CAl A R e r i r r m en t T r it s t, A p r i ( 19 9 8 The Administrator naav at am- time propose an amendment to the Plan by an instrument in writing transmitted to the Employer at least 30 days before the effective dare of the amendment. Such anendment shall become effective unless, within such 30-day period, the Employer notifies the Administrator in writing that it disapproves such amend- ment, in which case such amendment shall not become effective. In the event of such disapproval, the Administrator shall be under no obligation to continue acting as Adminis- trator hereunder. Except as may be required to maintain the status of the Plan as an eligible deferred compensation plan under section 457 of the Code or to comply with other applicable laws, no amendment or termination of the Plan shall divest any Participant of any rights with respect to compensation deferred before the date of the amendment or termination. Article X11. Applicable Law This Plan and Trust shall be construed under the laws of the state where the Employer is located and is established with the intent that it meet the requirements of an "eligible deferred compensation plan" under Section 457 of the Code, as amended. The provisions of this Plan and Trust shall be interpreted wherever possible in conformity with the requirements of that section. Article X111. Gender and Number The masculine pronoun, whenever used herein, shall include the feminine pronoun, and the singular shall include the plural, except where the context requires otherwise. ............................................................................................................. Eleven s 4 ? J&an Adoption Package Rcrain Docu�tt Declaration o� T r u s 1 u( the I C,IfA Rclirrrncn ( Trnst, lL1ay 1 J )7 APPENDIX B DECLARATION OF TRUST OF THE ICMA RETIREMENT TRUST Article 1. Name and Definitions Section 1.1 Name: The came of the trust created hereby is the ICMA Retirement Trust. Section 12 Definitions: Wherever they are used herein, the following terns shall have the following respective meanings: (a) Bylaws. The bylaws referred to in Section 4.1 hereof, as amended from time to time. (b) Deferred Compensation Plan. A deferred compensation plan established and maintained by a Public Employer for the purpose of providing retirement income and other deferred benefits to its employees in accordance with the provision of section 457 ofthe Internal Revenue Code. (c) Employees. Those employees %vho participate in Qualified Plans and/or Deferred Compensation Plans. (d) Employer Trust. A trust created pursuant to an agreenent between ICMA-RC and a Public Employer. or an agreement between ICNiA-RC and a Public Eniployer for administrative services that is not a trot, in either case for the purpose of investing and adnunistering die funds set aside by such Employer in connection with its Deferred Compensation a�greenients with its employees or in connection with its Qualified Plan. (e) Investment Contract. A non-negotiable contract entered into by the Retirement Trust with a financial institution that provides for a fixed rate of rerurn on investment. (f) ICMA. The International City/County Management Association. (g) ICMA Trustees. Those Trustees elected by the Public Eniployers in accordance with the provisions of Section 3.1(a) hereof.vlio are also nienibers or fomier nienibers oftlie Executive Board of ICMA. (h) ICMA-RC Trustees. Those Trustees elected by the Public Eniployers who, in accordance with the provisions of Section 3.1(a) hereof; are also nienibers or former nienibers of the Board of Directors of ICMA-RC. (i) Internal Revenue Code. The Internal Revenue Code of 11)8(i, as aniended. 0) Investment Adviser. The Investment Adviser that enters into a contract with tine Retirement Trust to provide advice with respect to investment of the Trust Property. (k) Portfolios. The separate coninnngled pools of investment established by the Investnient Adviser to the Retireiiient Trust, under the supervision of the Trustees, for the purpose of providing iuvestnients for the Trust Property. (1) Public Employee Trustees. Those Trustees elected by the Public Employers who, in accordance with the provision of Section 3.1 (a) hereof, are full-time employees of -Public Employer. (m) Public Employer Trustees. Public Employers who serve as trustees of die Qualified Plans or Deferred Compensation Plans. (n) Public Employer. A unit of state or local government, or any agency or instrunientality thereof, that has adopted a Deferred Compensation Plan or a Qualified Plan and has executed this Declaration of Trust. (o) Qualified Plan. A plan that is sponsored by :1 Public Employer for the purpose of providing retirement income to its employees and that satisfies the qualification rt�quirenients of Secrion 401 of the Internal Revenue Code. (p) Public Employer Trust. A trust that is established by a Public Employer in connection with its Qualified Plan and that satisfies the requirements of Section 5U1 of the Internal Revenue Code, or a trust established by a Public Employer, in connection with its Defrred Compensation Plan and that satisfies the requirements of Section 457(b) of the Internal Revenue Code. (q) ICMA-RC. The International City Management Association Retirement Corporation. (r) Retirement Trust. The Trust created by this Declaration of Trust. (s) Trust Property. The amounts held in the Retirement Trust as provided ui Section 2.3. The Trust Property sliall include aiiv iuconie resulnng from the investment to the amounts so held. (t) Trustees. The Public Eniplover Trustees, ICMA Trustees and ICMA-RC Trustees elected by the Public Employers to serve as members of the Board of Trustees of the Retirement Trust. Article If. Creation and Purpose of the Trust; Ownership of Trust Property Section 2.1 Creation: (a) The Rearenient Trust was created by the execution of tills Declaration of Trust by the initial Trustees and Public Eniployers uid is established with respect to each participatingPublic Eniplover by adoption of this Declaration of Trust. (b) The Retirement Trust is hereby expressly niade a pan of the appropriate Qualified Plan or Deferred Conipensation Plan of each Public Eniplover tliat executes or lias executed this Declaration of Trust. Section 2.2 Purpose and Participation: (a) The purpose of the Retirenent Trust is to provide for the ComulingleLl urvestinent of binds held by the Public Eniployers in connection .vith their Deterred Conipensation and Qualified Plans. The Trust Property shall be invested in the Portfolios, in (uvestnient Contracts, and in other investments reconiniended by ...................................................... Twelve { S' 1A .1 a p r i o❑ P u c k ,a,, R r ri D e n i m D� r l a r a t i o n o f T r :4 . of r h r ICMA R,r, Ti u , Af a y r 9 'l ' the Investment Adviser under the supervision of the Board of Trustees. No part of the Trust Property will be invested in securities issued by Public Employers. ;'b) Participation in the Retirement Trust is linuted to (i) pension and prof t-shanngtnuts which are niaintainedbv Public Employers and that are exenipt under section 50 l(a) of the Intern.il Revenue Code because the Qualified Plans related tliereto qualify under section-1nI(a) of the Internal Revenue Code and (it) deferred conhpensanonplans ttnaintainedby Public Employer under Section 437 of the Internal Revenue Code (and trusts rnainraitied by such Public Einplovers in connection with such 457 plans). Section 2.3 Ownership of Trust Property: (a) The Trustees shall have legal title to the Trust Property. The Trust Property shall be lield as follows: i) for the Public Enhpioyer Trustees for tlae exclusive benefit ofthe Enhpi_oyees: or III the case of a Deferred Compensation Plan maintained by a Public Euhployer chat has not established a Public Employer Trust for tilen plan. for tile Public Employer as beneticial owner of the flans Assets. Ib) Tlie portioua of tlhe corpus and income ofthe Retirement Trust that equitably belongs to an Public Employer Trust may not be ced for or diverred to guy purpose other than for the exclusive benefit ofthe Employees (or their beneficiaries) %,,ho are entitled to bcueilts under suchh Public Employer Trust. No-.iiplo%cr', Public Employer Trust nrav assign any part of rs equiu, ur interest in tlae Retirenienr Trust, and any purported ,issulninent of such equity or interest shall be void. Article III. Trustees Section 3.1 Number and Qualification of Trustees: (a) The Board of Trustees shall consist of uune Trustees. Five ofthe Trustees shall be full -tinge enhplovees of a Public Employer (the Public Employee Trustees) who are authorized by such Public Enhplover to serve as Trustee. The remaining four Trustees shall consist of two persons who, at the tinge of election to the Board of Trustees, are members or former members of the Executive Board of -IC -MA, and two persons who, at the tittle ofelection, are uueuibers or tomher menhben of the Board of Directors of ICMA- RC. One of the ICMA Trustees and one of the ICMA-RC Trustees shall, at the time of election, be full-time employees of Public Employers. (b) No person may serve as a Trustee for more than two ternis in any ten-year period. Section 3.2 Election and Term: (a) Except for the Trustees appointed to fill vacancies pursuant to Section 3.5 hereof, the Trustees shall be elected by a vote of a majority of the voting Public Employers in accordance with the procedures set forth in the By -Laws. (b) At the First election of Trustees, three Trustees shall be elected fora tern of three years, three Trustees shall be elected for a term of two vears and three Trustees shall be elected for a term of one year. At eachh subsequent election, three Tnutees shall be elected, each to serve for a terns of three years and until his or her successor is elected and qualified. Section 3.3 Nominations: The Trustees who are full-time einplovees of Public Employers shall serve as the Nominating Conunittee for the Public Employee Trustees. The Nominating Conuhuttee shall choose candidates for Public Employee Trustee in .accordance with the procedures set forth in the By -Laws. Section 3.4 Resignation and Removal: (a) Any Trustee play resign as Trustee (without need for prior or subsequent accounting) by an instrument in writing signed by tlhe Trustee .rid delivered to the other Trustees and such resignation ;hall be eC ecave upon such delivery, or at a later date according to the teinis of the instruunhent. Any of the Trustees may be removed for cause, b% .a vote of .a majority of the Public Employers. (b) Each Public Employee Trustee shall resign his or her position as Trustee vvitlun 00 days of the date on which he or she ceases to be a lull -tune employee of a Public Employer. Section 3.5 Vacancies: The terni of office of a Trustee shall temhinate and a vacancy shall occur in the event of his orher death, resignation, removal, .adjudicated incompetence or other incapac- itv to peltorna the duties of the office of a Trustee. In the case of a vacancy, the remaining Trustees shall appoint such person as they in their discretion shall see tit (subject to the limirations set forth in this Section), to serve for the unexpired portion of the temp ofthe Trustee who has resigned or otherwise ceased to be a Trustee. The appointment shall be made by a written instrument signed by :a inajorit,, ofthe Trustees. The person appointed must be the same type of Trustee (i.e., Public Employee Trustee, IC.vlA Trustee or ICMA-RC Trustee) as the person who has ceased to be a Trustee. An appointment of a Trustee may be made in anticipation of a vacancy uh occur at a later date by reason of retirenient or resignation, provided that such appointment shall not become etfective prior to such retirement or resignation. Whenever a vacancv shalt occur, until such vacancy is tilled as provided in thus Section 3.5. the Trustees in office, regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties unposed upon the Trustees by tilts Declaration. A written instrument certifying the existence of a vacancy signed by a majority of the Trustees shall be conclusive evidence of the existence of such vacancy. Section 3.6 Trustees Serve in Representative Capacity: By executing this Declaration, each Public Employer agrees that the Public Employee Trustees elected by the Public Employers are authorized to act as agents and representatives of the Public Employers collectively. ............................................................... T hirtccn f ? 7 PlAda pt ion Package Rrt.:: Docu rnrntt D e c i a i a t 1 o n o f T t , t t h e 1 C AI A R r r r r r n r u t Trust , 1 9 9 7 Article IV. Powers of Trustees Section 4.1 General Powers: The Trustees shall have the power to conduct the business of the Trust and to carry, on its operations. Such power shall include, but shall riot be limited to, the power to: (a) receive the Trust Property froin the Public Employers, Public Employer Trustees or the trustee or administrator under all,,,, - Employer Trust: (b) enter into a �:onrract with an Investment Adviser providing, among other things, for the establishment and operation of the Portfolios, selection of the Imvestnient Contracts in which the Trust Property may be invested, selection of the other invesnnents for the Trust Property and the payment of reasonable fees to the Investment Adviser and to any sub -investment adviser retained by the Investment Adviser; (c) review :uinually rile pertonnance of the Investment Adviser :u1Li approve ,nnlually the contract with such Investment Adviser: (d) invest :Ind reinvest the Trust Property in the Portfolios, the Investment Contracts :uid in any other investment recommended by the Investment Adviser, but not including securities issued by Public Employers, provided that ifa Public Employer has directed th:lt its monies be invested in one or more specified Portfolios or in :m Invesnnnent Contract, the Trustees of the Retirement Trust shall mvcst such monies in accordance with such directions: (e) keep such portion of the Trusr Property in cash or cash balances as the Trustees- from time to tinge, may de�_iii to be in the best interest of the Retirement Trust created lierebv without liability for interest thereon: (t) :Iccrpt and ncliu hir such rinse as they' relay deem advisable any securiucs or other property received or acquired by them as Tnrstces llercunder, whether or not such securities or other property would normally be purchased as urvestlnent llercunder: (g) cause ally secuntics or other property held as part oftlne Trust Property to be registered in the mule of the Retirement Trust or im the name of a uoruliuee. and to hold .uhv invesnllents in bearer torsi. but the books and records of the Trustees slhall :It all tunics show that all ucln investments are .i part of the Trust Property: (h) make, exe; rite. acknowledge, and deliverany and:lll due.unlents of tr:infer and convevance and auv And all other ilutruulents th:lt nlav be necessary or appropriate to :arry out the powers herein grunted; (i) vote upon any stock, bonds, or other securities: give general or special proxies or powers ofattorrley with or without power of substitution. exercise any conversion privileges, subscription rights, or other options, and snake any payments incidental thereto; oppose, or consent to, or otherwise participate in, corporate reorganlzatlols or u1 other .lianges _it-ecting corporate securities, and delegate dlu(Yctlollary powers and pay .my assessincius or charges ill turret tlon therewith: and generally rxercise any of the powers of .ill owner with respect to stoi ks. bonds, securities or other property held :is part of the Trust Property: (j) enter into contracts or arrangements for goods or services required in connection with the operation of the Retirement Trust, includ:n , but riot limited to, contracts with custodians and conn-acts tier t1e provision of administrative services: (k) borro,,y or raise nioney for the purposes of the Retirement Trust in ssci ,mount- and upon such teens and conditions, as the Trustees ;mall deem advisable, provided that the aggregate amount ofsuch borro•.yim,s shall not exceed 30"r", of the value of the Trust Properts- A,, person lending nhonev to the Trustees shall be bound ee :he application of the 111011ev lent or to inquire into its expediency or propriety or any such borrowing: (I) incur reasonable expenses as required for the operation ofthe Retirtiiieat Trust and deduct such expenses trout of the Trust Property: (m) pas e>:penses properly allocable to the Trust Property recurred :n , )imection with the Deferred Compensation Plans, Quaiitie�. Pl,la>. or the Employer Trusts and deduct such expenses from that oornon ofthe Trust Property to which such expenses are properly alloy: ble: (n) pay out Trust Property all real and personal property taxes, inc�Inie taxes and other taxes of my and all kinds which, in the opin ,:n o: the Trustees, are properly levied, or assessed under existing -;r tut::re laws upon, or in respect ot. the Trust Property and .Illo�:,te .u1y such taxes to the appropriate accounts: (o) adopt. :initnd and repeal the Bylaws, provided that such Bvl.r.% s ate .lt .1.1 titles consistent vvitli the terns otthis Declaration: of Trust: (p) eniplw, -ersons to make available interests in the Retirement Trust cc--arpiovers eligible to maintain i Deferred Compensation Plan >_rtion 457 or i Qualified Nail underScctlon -WI or the Into:li.il revenue Code: (q) issue the annual Report of the Retirement Trost, :ind the d1sClOsUr_ �i<l,:umeuts mid other literature used by the Retirement Trust: (r) ill to conducting the invesailent pro,�r:uu1 authorized in l�d). snake loans. including the purchase of debt oHl":1no:n'. that all such loans shall bear interest at the _ c Ull'erlt 11M1-.-:CC Elie: (s) tor, and delegate :11y powers granted hereunder u1, ,uc111 ouster.. Agents, employees, auditors and attorneys as the Crustces .na•. ;elect, provided that die Trustees may not delegate the pov. er; s:_t torth in paragraphs (b), (c) :urd (o) of this Section 4.1 and 1na'.. not delegate any powers if such cieleyg ttion would violate :11c:r :idUclary duties: (t) pro,. idc :or the indenulification of the Officers and Trustees of the 1Zenr_unrnt Trust and purchase fiduciary usurance: (u) ui.unt.uu books and records, including separate accounts for each Public Employer, Public Employer Tnusree or Employer Trust ,ind ,uc h additional separate accounts as are required under. I r � 1 t sth D'f --A C n n 1 ati it Oualitled MIL 1C Coiss Ln 11 1. [. e C 1 1 Fel S oil r Plan of eaei Public Employer; and ........................................................................................................... Fm'm' n 4 � 7 111a i.ioy r;ort Park ,l .t� Rrf�Iin D ritmrul D c i I a : atiuu of Trosr h 1C.1(A Ref: rime Tr❑sr (v) do all such acts, take all such proceedings. and exercise all such rights and privileges, although not specifically mentioned herein, as the Trustees niay deein necessary or appropriate to administer the Trust Property and to carry out the purposes ofthe RetireleI t Trust. Section 4.2 Distribution of Trust Property: Distributions of the Trust property shall be made to, or on behalf of, the Public Employer or Public Employer Trustee, in accordance with the ternas of die Deferred Compensation Plans, Qualified Plans or Eniviov--r Trusts, The Trustees of die Retirement Trust shall be billy protected in making; payments in accordance with the directions of [lie Public Employers, Public Employer Trustees or trustees or adt:unistrators of any Employer Trust %vithout ascer- taining %vhether such payments are in compliance with the provisions of the applicable Deferred Compensation or Qualified Plan or Eniplover Trust. Section 4.3 Execution of Instruments: The Trustees may unanimously designate any one or more of the Trustees to execute anv instiunient or document on behalf of .ell. including, but not iinlited to the siding or endorsement ofany check .ind the sigluug ,)Call, applications, insurance and ether contracts, and file action Of such designated Trustee or Trustees shall have the sanie force and etfecz as if taken by all the Trustees. Article V. Duty of Care and Liability of Trustees Section 5.1 Duty of Care: In exercising the powers liereinbe- fore granted to the Trustees. the Trustees shall pertorril all acts %vithin their authority for file exclusive purpose of providing benefits fordie Public Employers in connection,,vith non -trusteed Deferred Compensation Plans and for the Public Employer Trust- ees. and sllall perionu such acts with the care, skill. prudence and diligence in the circunistances then prevailing that a prudent person acting in ,, like capacity and familiar ,vidi such matters Would use in the conduct of in enterprise of a like character and ':vltli hkC alms. Section 5.2 Liability: The Trustees shall not be liable for any mistake ofjudgnrienr or other action taken in good faith, and for nv action taken or omitted in reliance in good faith upon the books of account or otlier records of the Retirement Trust, upon the opinion of counsel, or upon reports made to the Retirement Trust by any of its otficers, eniptovees or agents or by the hivestnicnt Adviscr or auiv sub -investment adviser. accouncuit. appralscr or otiler expert or : onsult.uit =(eItcred ;vitll reasonable re b'.' file Trustees, o$Icers or ernplovees of the Rctirenieiir Trust. T he Trustees sliall also not be liable for .u1: losa sustained by die Trust Proper^� by reason of ,uiv rove.<.rnient rii_lde iu good.aitll and In accordance with the standard ofcare set forth inSecuon 5. I Section 5.3 Bond: No Trustee shall be obligated to 'ive :uiv bond or other ;ccurity for the perfOrinance of aiiv of leis or tier duties hereunder Article VL Annual Report to Shareholders The Trustees shall annually submit to the Public Employ- ers and Public Eniployer Trustees a written report of the transac- tions of the Retirement Trust, including financial statements which shall be certified by independent public accountants chosen by the Trustees. Article Vil. Duration or Amendment of Retirement Trust Section 7.1 Withdrawal: A Public Employer or Public Eni- plover Trustee may, at any time. w'ithdra%v from this Retirement Trust by delivering to the Board of Tnisrees a written statement of withdrawal. In such statement. the Public Employer or Public Employer Trustee sliall acknowledge that the Trust Property allocable to the Public Employer is derived ti-om compensation deferred by employees of such Public Einplover pursuant to its Deferred Conpensation Plan or .Toni contnbunons to the ac- oui -itsof Employees pursuant to a Qualified Plan. and shall desi,--lute the tnancial institution to whh icsuch property shall be transterred Liv the Trustees of the Retirelent Trust or by [tie trustee or i lin?iui trator under an Euiplover Trust. Section 7.2 Duration: The Retirement Trust shall continue until terminated by the vote of a majority of the Public Employers, each casting one vote. Upon ternunation. all of the Trust Property shall be paid out to the Public Employers, Public Employer Trustees or the trustees or adniinistrators of the Employer Trusts. as appropnate. Section 7.3 Amendment: The Retircuient Trust nlay be amended by die vote of a majority of the Public Eniployers, eacil (:btill, One ,, OCC. Section7.4 Procedure: A resolution to terniinate or.unend the Retirement Trust or to remove a Trustee shall be subnutttd to :1 vote of the Public Eniployers if (1) a majority of the Trustees so direr, or; (11) .1 perition requesting a vote signed by not less than '5 percent of the Public Eniployers, is subnutted to the Trustees. Article Vlll. Miscellaneous _ Section 8.1 Governing Law: Except .is otherwise required by state or loc.ii law. this Declaration of Trust and the Reurenient Trust r-2:ucd shill be constnled .aid regulated by the lays of :lie Dismr[ of Ctoluuibia. Section 8.2 Counterparts: This Declar.ltion umavb executed by tlr.; Public Ernpioyers .aid Trustees in two or niore counterparts. racii l;twhirll dull be deemed an original but all of',ylucli together shall constitute one .Ind the same instrument. .......... .............. ................ ......................... ............. .... ...... I ............ . F;tr,, i CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: January 10, 2001 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ADMINISTRATION 1. Industrial Park/Sheffield Environmental - Three grants have been prepared and submitted. We have received favorable preliminary feedback on each. A Participating Party Agreement is being prepared/reviewed by the City Attorney. 2. Change in trash collection billing - We are exploring the possibility of putting City residents and business trash collection billing on the tax bills. Talks will be initiated with the County Tax Assessor's Office. 1 ADMINISTRATION CONTINUED 3. FYCC & Eckerd Youth Foundation - Both are working with the City to help uptown and weed medians. 4. Police Station - Exterior walls are up and work continues at a satisfactory pace. Bids for the telephone system are being prepared. 5. Tank Tech - We are working with Ardaman 8v Associates regarding the tank removal/ spillage issue at the City Barn. Funding applications have been sent to DEP and should be processed by mid January. CITY CLERK 1. Position filled ~ Carolyn Arnold has been hired to replace Julie Rogers in the City Clerk/ General Services office. She will begin January 24, 2001. POLICE 1. The Police Department is requesting the DOT paint lines distinguishing the second turn lane at Walmart. Other precautions are being considered by DOT. 2 BOARD OF 1. Meeting January 23, 2001 at 7:00 p.m. - Planning Board will ADJUSTMENT be hearing a re -zoning for Lots 3 & 4, Block 21, South Okeechobee. Fawn Jenkins is the owner. Applicants are Robin Lamb and Michelle Connelly. 2. Land Plan Agency will hear a Future Land Use Map change for Lots 4, 5 8T, 6, Block 75, City of Okeechobee. Kenneth Edwards is requesting to change from residential single family to multiple - family use. CODE ENFORCEMENT 1. The building at 321 SW Park Street (Okeechobee Hardware Building) has been demolished. 2. City Council supported the Code Board's decision not to release the lien against the Gaughan/Nairnsey Property. 3. All of the violations sent to property owners in Blue Heron for overgrown grass have complied, except for six which are being sent a notice to appear before the Code Board if the violations are not corrected by February 6, 2001. 4. We are being cautious about sending overgrown grass notices right now, because of the possibility of mowers starting brush fires. 3 PUBLIC WORKS I 1. The Public Works Department is addressing the alley cleanup situation at NW 9' Avenue (along the railroad tracks). OUTSTANDING 1. Updating and modernization of City Ordinances (Code Book ISSUES -CITY and LDR's • Telecommunications • Departments and ATTORNEY Offices • Planning and Development • Streets and Sidewalks • Subdivision Regulations • Water and Sewer Regulations (The City Clerk has explored possibilities in this area as well.) 2. Adelphia Cable TV Franchise Agreement Renewal. - A proposed franchise agreement is under review by the City Attorney. However, the new Communications Tax Law may significantly impact our existing and future Utility Franchise Agreements. 3. Waste Management regarding proposed changes in the Solid Waste Franchise Agreement - A meeting with the City Administrator, Attorney Cook and Jeff Sabin is planned. 4. Fire Hydrant Issue with the OUA - OUA has provided us with preliminary planning maps so the City could determine future impact. 5. Grit Bankruptcy case - Legal action regarding GRIT and Bankruptcy Court is being pursued. We have obtained the services of a bankruptcy attorney. Attorney Cook is working closely with them. 4 OUTSTANDING 1. Updating required insurance programs, ie: safety, blood born ISSUES pathogens, drug -free workplace. (Chief Tomey & Safety Committee) Implementation of safety policies is currently underway. 2. Modernize Code Enforcement Policies and Procedures (Chief Tomey & Attorney Cook) 3. Enhanced 911 (City and County Staffl Long -Term: Apply for CDBG Grant for continuation of Downtown Project. The City Administrator has had preliminary discussions with DCA. We may be a year or two away from the next phase of this project. 2. Address traffic congestion problems due to hurricane evacuations. ~ The City has been asked to participate in the planning of the widening of SR ?O in Okeechobee. 3. Adopt a 5 year program addressing growth, economic development, community development and organizational development. 4. Construction of bridge over Taylor Creek for access to City property ~ This is being addressed in conjunction with the Sheffield proposal. 5