1995-10-03i
',�Of pKEECyp��
CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
A. Call Meeting to order on October 3, 1995 at 7:00 p.m
B. Invocation offered by Reverend John Hart;
Pledge of Allegiance led by Mayor Kirk.
C. Mayor and Council Attendance:
Mayor James E. Kirk
Councilmember Noel A. Chandler
Councilmember Michael G. O'Connor
Councilmember Robert Oliver
Councilmember Dowling R. Watford, Jr.
Staff Attendance:
City Attorney John R. Cook
City Administrator John J. Drago
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
Mayor Kirk called the to order on October 3, 1995 7:00 p.m.
Councilmember Watford offered the invocation;
Mayor Kirk led the Pledge of Allegiance.
Clerk Thomas called the roll:
Present
Present
Present
' X
Present
x
Present
x
II
Present
Present
Present
Present
D. Motion to dispense with the reading and approve the Summary Councilmember Oliver moved to dispense with the reading and approve the Summary
of Council Action for the Regular Meetings of September 5 and of Council Action for the regular meetings of September 5, and 19, 1995; seconded by
September 19, 1995. Councilmember Chandler.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
PAGE 1 OF 6
039
OCTOBER 3, 1995 - REGULAR MEETING - PAGE 2 OF 6
E. Motion to approve Warrant Registers For August, 1995: Councilmember Watford moved to approve the Warrant Registers for August, 1995 in
the amounts: General Fund two hundred fifty-three thousand, three hundred five dollars,
General Fund .... $253,305.33 thirty-three cents ($253,305.33) and Public Utilities Fund eight hundred five thousand,
Public Utilities .... $805, 478.34 four hundred seventy-eight dollars, thirty-four cents ($805,478.34); seconded by
Councilmember Oliver.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
REQUEST FOR THE ADDITION, DEFERRAL OR WITH- III Mayor Kirk asked if there were any requests for the addition, deferral or withdrawal of
DRAWAL OF ITEMS ON TODAY'S AGENDA. items on today's agenda. There were none.
F. NEW BUSINESS
1. Motion to appoint Don Salo as a new police officer - Councilmember O'Connor moved to appoint Don Salo as a new police officer; seconded
Police Chief. I by Councilmember Oliver.
Police Chief Mobley explained to the Council this is to fill the new position they created;
and introduced Mr. Salo to the Council. Mayor Kirk extended a welcome on behalf of
the Council.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
X
X
X
X
X
X
X
X
X
X
040
OCTOBER 3, 1995 - REGULAR MEETING - PAGE 3 OF 6
F. NEW BUSINESS
2. Motion to approve a Lease Agreement between the city Councilmember O'Connor moved to approve a Lease Agreement between the City and
and United FeedCo-Op, Inc. - City Administrator (Exhibit United Feed Co -Op, Inc.; seconded by Councilmember Watford.
1).
This agreement revises the current one the City and United Feed currently have for the
North two hundred forty-five (245) feet of Northwest 3rd Avenue between Block 59 and
60, City of Okeechobee for a fee of four hundred ninety dollars ($490.00) a year that
expires April 12, 2012. The revised contract fee is for one dollar $1.00) per year for fifty
years and United Feed agrees to share the cost of having the portion of Northwest 3rd
Avenue paved between 7th and 8th Street.
Following discussion, Councilmember Watford moved to amend the lease agreement
to provide a reverter clause in case United Feed were to abandon the use of the
property or close the business-, seconded by Councilmember O'Connor. Mr. Boyd Rucks
was in the audience and stated United Feed should not have a problem with that
amendment.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION TO AMEND CARRIED.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED AS AMENDED.
X
X
X
X
X
X
X
X
X
X
T
041
OCTOBER 3, 1995 - REGULAR MEETING - PAGE 4 OF 6
F. NEW BUSINESS
3. a. Motion to read by title only and set October 17, 1995 Councilmember Watford moved to read by title only, proposed Ordinance No. 686 and
at 7:00 p.m. for Public Hearing, Ordinance No. 686 set October 17, 1995 at 7:00 p.m. as a Public Hearing date to amend the General
amending the City of Okeechobee General Employee's Employee's Pension Plan; seconded by Councilmember Oliver.
Pension Plan - City Attorney (Exhibit 2).
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 686 by title only as follows:
"AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITY OF
OKEECHOBEE MUNICIPAL GENERAL EMPLOYEES' PENSION TRUST FUND AS ADOPTED BY
ORDINANCE 655 AND AS SUBSEQUENTLY AMENDED INCORPORATING EMPLOYEES OF THE
OKEECHOBEE UTILITY AUTHORITY INTO THE SYSTEM TO BE REDESIGNATED THE CITY OF
OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM;
PROVIDING FOR DEFINITIONS; PROVIDING FOR MEMBERSHIP; PROVIDING FOR A BOARD OF
TRUSTEES; PROVIDING FOR FINANCES AND FUND MANAGEMENT; PROVIDING FOR
CONTRIBUTIONS; PROVIDING FOR BENEFIT AMOUNTS AND ELIGIBILITY; PROVIDING FOR DEATH
BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS;
PROVIDING OPTIONAL FORMS OF BENEFITS; PROVIDING FOR BENEFICIARIES; PROVIDING FOR
CLAIMS PROCEDURES; PROVIDING FOR A ROSTER OF RETIREES; PROVIDING FOR A BOARD
ATTORNEY AND PROFESSIONALS; PROVIDING FOR A MAXIMUM PENSION LIMITATION;
PROVIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS;
PROVIDING FOR REPEAL OR TERMINATION OF THE SYSTEM; PROVIDING FOR EXEMPTION
FROM EXECUTION AND NON -ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY; PROVIDING
FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR
INDEMNIFICATION; PROVIDING FOR TRANSFERS WITHIN THE CITY; PROVIDING FOR CREDIT FOR
MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE
ROLLOVER DISTRIBUTIONS; PROVIDING FOR REEMPLOYMENT AFTER RETIREMENT; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE."
X
X
X
X
042
OCTOBER 3,1995 - REGULAR MEETING - PAGE 5 OF 6
F. NEW BUSINESS
3. b. Motion to approve the first reading of Ordinance 686. III686;Councilmember Oliver moved to approve the first reading of proposed Ordinance No.
second by Councilmember Chandler.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
4. Discussion regarding City Assuming Planning & Zoning Mayor Kirk began discussion concerning the City assuming Planning and Zoning
Department - Mayor Kirk (Exhibit 3). Department. Mayor Kirk distributed to Council a memorandum listing his recommenda-
tions as follows:
- City keep control of Comprehensive Plan, Future Land Use Map and Land
Development Regulations;
- County keep current functions it does for City;
- City have three day turn around for plan review;
- City not oppose increase in permit fees to increase revenues.
Councilmember Oliver distributed to the Council a table of three options created by Bill
Royce as an outcome of the meeting he attended with Attorney Cook, Commissioner
Abney, County Attorney Cassels and Mr. Royce. The table lists each specific function
that Planning and Development does consisting of permitting, code enforcement, plan-
ning and zoning, and who would have to do what function.
Mayor Kirk felt option two of the table was along the same lines as his memorandum
which stated County maintains permitting and some code enforcement functions, City
performs planning and zoning functions.
Following lengthy discussion between Councilmem bers. Council instructed Attorney
Cook and Councilmember Oliver to go back to the County with Mayor Kirk's
memorandum and work out a plan from it.
X
X
X
X
X
043
F. NEW BUSINESS
4 4. Planning and Zoning continued.
ADJOURNMENT - Mayor Kirk.
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. A tape recording is meeting is on
file in the City Clerk's Office. ,,?
E. Kirk, Mayor
ATTEST:
l ,
Bonnie S. Thomas, CMC
City Clerk
OCTOBER 3, 1995 - REGULAR MEETING - PAGE 6 OF 6
Citizen Bill Osterman addressed the Council asking if they had a "Plan B" should the
November 1st deadline to have a new interlocal agreement worked out come before
anything was worked out? Mayor Kirk responded that they did not. Attorney Cook
interjected that he felt that would not happen and something would be worked out by
the deadline.
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:15
p.m.
MEMORANDUM
TO: Nina Borenstien, Executive Secretary
FROM: Lane Gamiotea, Administrative Secretaryx�
Attached are seven copies of the October 3, 1995 Regular
to be placed on the October 17, 1995 agenda for Council
Thank youth
ng
Office Of the City Clerk & Personnel Director
DATE: October 11, 1995
SUBJECT: Minutes
Meeting Minutes
.-,
�1 i.�OK[tC'
= P. City of Okeechobee0
55 S.E. Third Avenue • Okeechobee, Florida
F"
DATE:
TO. -
COMPANY:
FAX NUMBER
FROM:
a
COMPANY-'
At kl= . ►,Irr_
2
NUMBER OF PAGES INCLUDING THIS PAGE:
COMMENTS:
COMMENllAl l T Y N07TCE:
The information contained in this facsimile message is confidential informationnamed above. If the reader of this message is not the intended recipient; you an her
or copy of this communication is strWy prohibited If you bare rweived this eo
nwaa
telephone and return the original message to us at the above address via the U.S- A�
• 13/763-3372
BEET
my for the use of the individual or entity
afred that any dissemination, duiribution
s in error, pdeass unmediated)' notify us by
mica. Thank jou.
at
ic)-345 '4!�CL� OD� "It
t�r�tc.�a�cbtew
C.r:L, � I•
#I' �wl � - ol 11 W/1 & E/�
-�B-
Cl
/b
<< #
II
II I
C.
G� Fund 245S, �. 33
Pct Fula $ 8a5, ip8.34
rKo+ &w -F o
C" �Q�
I fxb
2 . ,4-0
In
Ito
a
e
%0
4 a.,c
3. 1�(.trhex� -!o Kuaol
64 W-entacl,
•I FAM., W a �
L
�o
v-uu ek4
I AN ORDINANCE OF T'HE CI'Ty OF OKEECHOBEE
AMENDING AND RESTATING THE CITY OF
OKEECHOBEE MUNICIPAL GENERAL EMpLOyFES'
PENSION TRUST FUND AS ADOPTED BY ORDINANCE 655 AND AS SUBSEQUENTLY AMENDED
INCORPORATING EMPLOYEES OF THE OKEECHOBEE
UTILITY AUTHORITY INTO THE SYSTEM TO BE '
REDESIGNATED THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES'
RETIREMENT SYSTEM; PROVIDING FOR DEFITTITIONS;
PROVIDING FOR MEMBERSITIP; PROBING FOR A
BOARD OF TRUSTEES; PROVIDING FOR FINANCES AND
FUND MANAGEMENT; PROVIDING FOR CONTRI
BUTIONS; PROVIDING FOR B� AMOTS AND
PROELIGIBILITY; PROVIDING FOR DEATH BENEFITS;
VIDING FOR DISABmxry B
FOR VESTING OF B ENEFTTS; PROVIDING
ENEFITS
FORMS OFBE:NEFITS; ; PROVIDING OPTIONAL
PROVIDING FOR BENEFICIARIES
PROVIDING FOR CLAIMS PROCEDURES; PROVIDING FOR A ROSTER OF RETIREES; PROVIDING FOR A
BOARD ATTORNEY AND PROFESSIONALS; PROVIDING,
FOR A MAXIMUM PENSION I-IlVIIT'ATTON; PROVIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING
MISCELLANEOUS PROVISIONS; PROVIDING FOR ,7.1.
REPEAL OR TERMINATION OF TIRE SYSTEM; PROVID-
ING FOR EXEMPTION FROM EXECUTION AND NON-
ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY;.',
PROVIDING FOR FORFEXrURE OF PENSION
UNDER
CERTAIN CIRCUMSTANCES; PROVIDING FOR INDEM—
NIFICATION;
PROVIDING FOR TRANSFERS
wn-mN TEE
Cam; PROVIDING FOR CREDIT FOR
SERVICE PRIOR TO EMPLOYMENT; PROVIDING FRY
DIRECT TRANSFERS OF ELIGIBLE ROLLOVEj
DISTRIBUTIONS; PROVIDING FOR REEMPLO-j%��a:
AFTER RETIREMENT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABIL,Tl-y OF PROVISIONS ..,
.,
REPEALING ALL ORDINANCES IN CONFLICT'S
I3EREWITH AND PROVIDING AN EFFECTIVE. DATE
f
aAoQIeoz,
i
0 '-
•
a
I)
,N
b-U- Eo ckrlea-- `oXOAdQ,t 6L�4
6r,uocaju&*-� �. t.va"
enaariee.
Cbuncj rxan enartaa.
& bonrnoL -
p 0
P
P
r cxd_ j 4-
!G ; (QG5 ; 2r �c
J� R LOA-
uAd 305.33
Ph-�-
Lc.�-� Pc_at
1 I IL moutrd. &90 as G. new Pcu.,O-c
2nd
2.
6-6w-erA. WQ.
L+t �-
c.c.,-, LtLaL ql LC)L Lv - a� .
a/?ne �, ?act- k)q
-
rvv,nL) �� �"L�� a) �-K, (J�ZJsa� C,.,L pc,/�,?
W ri-�j C44-"Nc)Quj,- A-05 ZWIu- 14 pc"�.
tehCptCUAA
P
C,C-F AAvkU GZGxj4cL&;c- c.vaerC,�oac 6c.vluuk-2,�
O II
•
0
L
�1
alt� bml� �UO� CO- A(jo bd
AN ORDINANCE OF THE CITY OF OKEECHOBEE
AMENDING AND RESTATING THE CITY OF
OKEECHOBEE MUNICIPAL GE EMPLOYEES'
PENSION TRUST FUND AS ADOPTE BY ORDINANCE
655 AND AS SUBSEQUENTLY AMENDED
INCORPORATING EMPLOYEES OF THE OKEECHOBEE
UTIITY AUTHORITY INTO THE SYSTEM TO BE
REDESIGNATED THE CITY OF OKEECHOBEE AND
OKEECHOBEE UTILITY AUTHORITY EMPLOYEES'
RETIREMENT SYSTEM; PROVIDING FOR DEFINITIONS;
PROVIDING FOR MEMBERSHIP; PROVIDING FOR A
BOARD OF TRUSTEES; PROVIDING FOR FINANCES AND
FUND MANAGEMENT; PROVIDING FOR CONTRI-
BUTIONS; PROVIDING FOR BENEFIT AMOUNTS AND
ELIGIBILITY; PROVIDING FOR D TH BENEFITS;
PROVIDING FOR DISABILITY B S; PROVIDING
FOR VESTING OF BENEFITS; PROVIDING OPTIONAL
FORMS OF BENEFITS; PROVIDING FOR BENEFICIARIES;
PROVIDING FOR CLAIMS PROCEDURES; PROVIDING
FOR A ROSTER OF RETIREES; PROVIDING FOR A
BOARD ATTORNEY AND PROFESSIONALS; PROVIDING
FOR A MAXIMUM PENSION LNU TATION; PROVIDING
FOR DISTRIBUTION OF BENEFITS; PROVIDING
MISCELLANEOUS PROVISIONS; PROVIDING FOR
REPEAL OR TERMINATION OF THE SYSTEM; PROVID-
ING FOR EXEMPTION FROM EXECUTION AND NON -
ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY;
PROVIDING FOR FORFEnuRE OF PENSION UNDER
CERTAIN CIRCUMSTANCES; PROVIDING FOR INDEM-
NIFICATION; PROVIDING FOR TRANSFERS WITHIN THE
CITY; PROVIDING FOR CREDIT FOR MILITARY
SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR
DIRECT TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS; PROVIDING FOR EMPLOYMENT
AFTER RETIREMENT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY C IF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE. I i
P$�
ITT
.TIT s . �.
1 "
,4na-aa--PAVX /(.JI b 1
v
Lkidracti 46),k, 1�" 4 \,J�
- coLL� "
kw-k. 3dat 4c.w. C
QL
Ctrs
oo
ej� tk- �,t k;..o C-,,ZW
ham, .,51.�.k.�-- rka. t �.
\A-t� C-0 uo LLC *aL�
ig
LLCt bV 646Ck
KaAL i aunt.. 4- Aoff
�Lou'o L4 Gwiz �a �st
Alc RLC,.L
/ �.
0- PLaAAVL � a L�w
�� Ls--� � U-0�6
C
Planan"OlLwjwxed etx�
1
DJ.U-
�- C k
Ne -oho u.� nuw.a .
T, _
Y
dL
UL am.
atc
w
O
U
C �w
� O
U
U(dice
O
EEEE
19 ccc
0
CU
L
of
M c+M
L
U
M
r N M
c�
V
O`
0
C
OR
4P
CL
lz
>
0
0
:a
r
V'
m�
44
C 'o . V
m G V
a�
_ as
N
m
C "S
y � O
c0 m C
i�
� C O
:S 0
Wai
s�J2
p �•t�s�Q
C4 v N
•0
F•�A4)
WCO�'C
a�a3
LEASE
THIS LEASE AGREEMENT made this 1st of
between the CITY OF OKEECHOBEE, a municipal corporati n, h
Lessor", and UNITED FEED CO -Op, INC., 201 Northwest a h Sti
to as "Lessee", for and in consideration of the sum herein statt
follows:
1. The Lessor hereby leases to the
the following real property which is located in Okeei
The north two -hundred forty-five (245) feet of
of -way known as Northwest 3rd Avenue and
Blocks 59 and 60, City of Okeechobee acco
attached hereto and made a part hereof, eA
foot drainage ditches on each side of said
October, 1995, by and
ereinafter referred to as
set, hereinafter referred
�d, do hereby agree as
the following terms,
Florida:
Wn right -
between
the map
ten (10)
2. This Lease shall be for a term of fifty (50) yea S, commencing on the
1st day of October, 1995 and terminating on the 30th day of ep tuber 2045, at a yearly
rental of One Dollar ($1.00) per year, payable upon executiot 1 of I is lease; said rental of
One Dollar ($1.00) per year being subject to germs, conditions, an exceptions contained
herein.
3. Lease of the above described land to ess a is strictly limited to
commercial purposes in conjunction with the use of Lessee s p party which abuts the
leased premises. It is further understood and agreed the lan her in leased is strictly for
the private use and benefit of Lessee and use by the public / e is strictly prohibited.
4. During the term of this lease, Lessee shall be fully responsible and
liable for all actions that take place on the property and shall nde 77nify and hold Lessor
harmless from any actions or causes of actions, damages or loss 'sing from use of the
premises by Lessee, his guests, trespassers, or agents, or an t equipment used by
Lessee, his employees, guests or agents, and to defend Less r a 'nst any such claims.
5. During the term of this lease, Lessee shalle responsible for payment
of all property taxes on the property. bl
6. During the term of this lease, Lessee shall be responsible for
maintenance of the property, including, but not limited to, mowing, clearing, and keeping
said properly free from trash and debris, and any other matters necessary to maintain a
neat, safe, and attractive appearance. Failure of Lessee to mainfain the premises in a
safe, neat and attractive condition will be an act of default, unde this lease, and said
lease may, at Lessor's option, be terminated due to said b' eac by ninety (90) days
written notice from Lessor to Lessee. Further, any structure or uildings constructed
upon the right-of-way shall at the termination of this lease b,
or, at the City's option, the City may require the Lessee
buildings from the right-of-way, at Lessee's expense.
7. In the event Lessor or Lessee, forany a
lease, this Lease Agreement may be terminated, by eithE
written notice to the other of such anticipated termination.
8. Lessee shall not subject or assign the
during the term of this lease, without the prior written con,
9. In the event any litigation ensues, as
terms of this lease, costs and reasonable attorney fees
losing party to said litigation.
10. This Agreement shall be binding upon
heirs, successors and assigns.
11. Lessee agrees to provide Lessor
company's existing liability and property damage insun
$100, 000.001$300, 000.00 insuring the City against claims
use of said property.
IN WITNESS WHEREOF, the parties hereto
and seals at Okeechobee, Okeechobee County, Florida, t
1995.
ATTEST. -
City Clerk
(Seal)
UNITED FEED CO-OP, INC.
LESSEE
By.,
President
CITY OF
LESSOR
By.,
Mayor
the property of the City
love the structures or
wishes to terminate this
11 upon three (3) years
premises, at any time
the Lessor.
of enforcement of the
assessed against the
and Lessee and their
endorsement to the
cy in the amount of
ige arising out of the
Munto set their hands
day of
V,
ORDINANCE NO. 686
AN ORDINANCE OF THE CITY OF
CHOBEE
AMENDING AND RESTATING T
ITY OF
OKEECHOBEE MUNICIPAL GENERAL
LOYEES'
PENSION TRUST FUND AS ADOPTED B
O
INANCE
655 AND AS SUBSEQUENTLY
A
ENDED
INCORPORATING EMPLOYEES OF THE I
HOBEE
UT=y AUTHORITY INTO THE SY
TO BE
REDESIGNATED THE CITY OF OKEE
HO
EE AND
OKEECHOBEE UTILITY AUTHORITY
LOYEES,
RETIREMENT SYSTEM; PROVIDING FOR
ONS;
PROVIDING FOR MEMBERSHIP; PROW
)ING
FOR A
BOARD OF TRUSTEES; PROVIDING FOR
CES AND
FUND MANAGEMENT; PROVIDING F
R
CONTRI-
BUTIONS; PROVIDING FOR BENEFIT Ah
OU.
qTS AND
ELIGIBILITY; PROVIDING FOR DEAT
B
S;
PROVIDING FOR DISABI LM BENEFITS
P
OVIDING
FOR VESTING OF BENEFITS; PROVIDIN
ONAL
FORMS OF BENEFITS; PROVIDING FOR B
IARMS;
PROVIDING FOR CLAIMS PROCEDURES
P
VIDING
FOR A ROSTER OF RETIREES; pROVIDINC
FOR A
BOARD ATTORNEY AND PROFESSIONALS;
P
VIDING
FOR A MAXIMUM PENSION LIlWrATION
P
VIDING
FOR DISTRIBUTION OF BENEFITS;
PROVIDING
MISCELLANEOUS PROVISIONS; PROVIDDG
FOR
REPEAL OR TERMINATION OF THE SY
;
PROVID-
ING FOR EXEMPTION FROM EXECUTIO
NON -
ASSIGNABILITY; PROVIDING FOR PENSI
V
ITY;
PROVIDING FOR FORFEITURE OF PEN
IO
UNDER
CERTAIN CIRCUMSTANCES; PROVIDING
O
INDEM-
NIFICATION; PROVIDING FOR TRANSFERS
THE
CITY; PROVIDING FOR CREDIT FOR
ARY
SERVICE PRIOR TO EMPLOYMENT; PRO
G FOR
DIRECT TRANSFERS OF ELIGIBLE
R
OVER
DISTRIBUTIONS; PROVIDING FOR
L
YNIENT
AFTER RETIREMENT; PROVIDING FOR CO
IFI
ATION;
PROVIDING FOR SEVERABII,ITY OF PRO
SIONS;
REPEALING ALL ORDINANCES IN
C
NFLICT
HEREWITH AND PROVIDING AN EFFECTIVE
ATE.
WHEREAS, the City of Okeechobee, General Employees are presently provided
pension and certain other benefits under Ordinances of the Cit� of 6keechobee; and
V
• •I
WHEREAS, many former City Utility employees
newly -created Okeechobee Utility Authority; and
WHEREAS, the City and the Okeechobee Utility At
Okeechobee Utility Authority employees within the City red
appropriate funding from the Okeechobee Utility Authority;
WHEREAS, the City Council desires to clarify and
General Employees' Retirement Plan to consolidate all prior c
incorporate all current state and federal law, integrate
employees into the System and redesignate the System as
Okeechobee Utility Authority Employees' Retirement Systen
NOW, 7l'HEREFORE, BE IT ORDAINED BY THE
CITY OF OKEECHOBEE, FLORIDA:
SECTION 1: That the City of Okeechobee Municipal
Trust Fund, as adopted by Ordinance 655 and as subsequently
amended and restated as set forth in the document desi
AND OKEECHOBEE UTILITY AUTHORITY
attached hereto and made a part hereof.
SECTION 2• Specific authority is hereby granted to
Ordinance in the existing Code of Ordinances of the City of
SECTION 3: All Ordinances or parts of Ordinances in
same are hereby repealed.
SECTION 4: If any section, subsection, .sentence,
or the particular application thereof shall be held invalid by any
employees of the
icy have agreed to include
system and provide for
the provisions of the
and Code provisions,
Utility Authority
of Okeechobee and
COUNCIL OF THE
Employees' Pension
be and the same is
OF OKEECHOBEE
SYSTEM,
and incorporate this
herewith be and the
of this ordinance,
administrative agency,
• �I
or other body with appropriate jurisdiction, the remaining s
clauses, or phrases under application shall not be affected th j
SECTION 5: That this Ordinance shall become effecti
Introduced on fast reading and set for public h
. 1995.
James E.
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
1995. Passed on second reading after public hearing this
James IE.
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
.gAoMs7-95s.Ord
subsection, sentences,
this day of
Mayor
Of
Mayor
It
I. As used herein, unless otherwise defined or
following words and phrases shall have the meaning
Accumulated Contributions means a Member's
at the rate of five and one -quarter percent (5-1/4%) per aj
and three percent (3 %) per annum thereafter. For those
Service at no cost to the System, pursuant to Sections 24
payment representing the sum that he would have contributed
System for the years for which he is requesting credit, shall,
Contributions.
A= means the Employee Retirement Income
406) as amended by the Retirement Equity Act of 1984 (P.L.
issued thereunder by the Department of Labor and the Inten
Statute and these regulations shall be amended.
AgWarial Equivalent means that any benefit
System in a form other than the normal form of benefit shall
value on the date payment commences as the normal form
establishing the actuarial present value of any form of ;
distribution, all future payments shall be discounted for in
interest and the 1971 Group Annuity Mortality Table for
years in the case of disability retirees.
of the five (5) best years of the last ten (10) years of Credited
termination or death. A year shall be twelve (12) consecutive
&neficiary means the person or persons entitled
at the death of a Member who has or have been designated in i
filed with the Board. If no such designation is in effect, or if
-1-
iced by the context, the
ontributions with interest
ugh September 30, 1993
who purchase Credited
only that portion of any
ie been a Member of the
ncluded in Accumulated
r Act of 1974 (P.L. 93-
97) and any regulations
evenue Service, as that
under the terms of this
a same actuarial present
refit. For purposes of
ether than a lump sum
mortality by using 7 %
ith ages set ahead five
) of the average Salary
ze prior to retirement,
Is.
;eve benefits hereunder
ig by the Member and
erson so designated is
t
living, at the time of death of the Member, the Beneficiary a
be the estate of the
Member.
Board means the Board of Trustees, which shall ' ter and manage the
System herein provided and serve as trustees of the Fund.
C& means City of Okeechobee, Florida
SQ& means the Internal Revenue Code of 1916, as amended from time to
time.
Credited Service means the total number of years ani fractional parts of years
of service as a General Employee with member contributions to the System, omitting
intervening years or fractional parts of years when such General Employee may not be
employed by the City. A General Employee may voluntarily leave his contribution in the
Fund for a period of five (5) years after leaving the employ Df the City pending the
possibility of being rehired, and remaining employed for a period Df not less than three (3)
years, without losing credit for the time of active participation as General Employee. If
the General Employee does not remain employed for a period of three (3) years upon
reemployment within five (5) years, then the Accumulated Con utions will be returned
upon the written request of the Member.
-2-
• �I
General Emnlom means any actively employed person in the regular full-time
service of the Citylitilily-Autarity, including those in
their initial probationary employment period, but aLM including ejected officialsArA Tali,
term shall not include certified police officers and certified firefighlers employed by the City
or the members of the Okeechobee Utility Authority Board.
EuW means the trust fund established herein as part of the System.
Member means an actively employed Gene ployee who fulfills the
prescribed membership requirements. Wt. have -been
w3dded -for by amendments to -the System a gpted by CiZ _= inance. and my benefit
1provem ,nts which mioht be made in the future shall anniv „ er%Prtiv/sly ,A au..n
1
m ediate receipt of benefits under the System
Sglgi',jC means the basic compensation paid by the, City to a Member, plus all
tax deferred and tax exempt items of income, but excluding overtime, bonuses and any other
non -regular payment. Compensation in excess of the limi tin c ePf f""+16
W P
".
-4-
11
means the lawful wife or husband of 4
retirement death or retirement.
System means the City of Okeechobee
fanieipaj GeAn rm! Employees' Retirement System Pea:
amendments thereto.
2. Masauline Gender.
The masculine gender, where used herein,
requires otherwise, shall include both the feminine and ma
SECTION- 2. BEENIBERISEE[P.
Conditions of Fjjgg2jj�y.
All General Employees as of the Effective
Employees, shall become Members of this System as a
Notwithstanding the previous paragraph, the cu Tel
any future City Administrator or Administrative Assistant
Director of the Okeechobee Utility Authority may, in the even he
in another pension program, within the first sixty (60) days of
Administrator or Administrative Assistant or Executive Direct�r i
d , notify the Board and
Authority (with re=ct to the Executive Directgr2, in writing of
Member of the System. In the event of any such election, he shi
membership in the System.
2. Membership.
Each General Employee shall complete a form
viding the following information:
A. Acceptance of the terms and conditions of thhe ;
B. Designation of a Beneficiary or Benefiiciaries.
-5-
at the time of pre -
contained herein and all
the context specifically
all future new General
employment.
City Administrator and
elected to participate
employment as City
election to not be a
be barred from future
by the Board pro -
and,
0 0
3. Change in DesiQI]At;r,n of &fiPfi,.s=
.iliVL
A Member may from time to time change his de
notice to the Board upon forms provided by the Board. Upo
Previously designated Beneficiaries to receive any benefits w
SECTION 3 BOARD OF TRUSTEES.
1. The sole and exclusive administration of and
operation of the System and for making effective the provisi
vested in a Board of Trustees. The Board of Trustees is
administrator. The Board of Trustees shall consist of five
shall be 1l legal residents
be appointed by the Okeechobee City Council, one of wl
Okeechobee U 'l;ty AuthQrityBoard aid two = of whe
Employee Members employed by the City of Okeechnher. —
Trustee shall be chosen for a two (2) year term by a majority
as provided for herein, and such person's name shall be subs
Council. Upon receipt of the fifth person's name, the Okeecl
ministerial duty, appoint such person to the Board of Trustees
Trustee shall have the same rights as each of the other four Tr
herein provided and shall serve a two (2) year term unless the
may succeed himself in office. Each text Trustee Moin
or by the Okeechobee Utili, Authority shall serve as Trustee i
unless sooner replaced by the gppointing authority Okfeeeli�
pleasure the Trustee shall serve, and may succeed himself as a
e€the -SysWm, whe shall be elected by a majority of the General
employers who are Members of the System. Each General Em
Trustee for a period of two (2) years, unless he sooner leaves d
Okeechobee or Okeechobee U '1't j, Authority as a General Em
zz
.ed Beneficiary by written
t change, the rights of all
he System shall cease.
onsibility for the proper
this ordinance are hereby
designated as the plan
tees, two 9ng of whom,
municipality, who shall
Il 1 ' - . . -
be.a full-time General
The fifth
Previous four Trustees
to the Okeechobee City
City Council shall, as a
fifth Trustee. The fifth
appointed or elected as
e is sooner vacated and
iod of two (2) years,
'`"aria at whose
e. Employee Trustees
gees of their respec��e
Trustee shall serve as
of the City Qf
or otherwise vacates
Is
•
•
his office as Trustee, whereupon a successor shall be
departing Trustee. The current Board of Trustees as cc
m� the same manner as the
the resnecti_ve eMD19M gMus, Each General Employee Trustee may succeed himself in
office. The Board of Trustees shall meet at least quarterl eaph year. The Board of
Trustees shall be a legal entity with, in addition to other powers and responsibilities
contained herein, the power to bring and defend lawsuits of every kind, nature, and
description.
2. The Trustees shall, by a majority vote, elect a Chairrr,
an and a Secretary, The
Secretary of the Board shall keep a complete minute book of
the
ctions, proceedings, or
hearings of the Board. The Trustees shall not receive any comper
sation as such, but may
receive expenses and per diem as provided by law.
3. Each Trustee shall be entitled to one vote on the Boan
I. Three (3) affirmative
votes shall be necessary for any decision by the Trustees at any
meeting
of the Board. A
Trustee shall have the right to abstain from voting as the re
It
Of a conflict of interest
provided that Trustee complies with the provisions of Section
12,
143, Florida Statutes,
4. The Board shall engage such actuarial, accounting,
g,
gal, and other services
as shall be required to transact the business of the System. The
compensation
of all persons
engaged by the Board and all other expenses of the Board necessary
for the operation of the
System shall be paid from the Fund at such rates and in such
amo
nts as the Board shall
agree.
5. The duties and responsibilities of the Board shall' i
be limited to, the following:
A. To construe the provisions of the System
arising thereunder.
B. To determine all questions relating to ehgi-
-7-
but not necessarily
all question
and membership.
9
C. To determine and certify the amount c
other benefits hereunder.
D. To establish uniform rules and pro
administrative purposes, benefit applicat
administer the System.
E. To distribute to Members, at regular inta
the System.
F. To receive and process all applications i
G. To authorize all payments whatsoever fri
disbursing agent, in writing, of approve
expenditures arising through operation o
H. To have performed actuarial studies and
least as often as required by law, and mak
any and all changes in the provisions of
I. To perform such other duties as are speed
to prudently administer the System.
Establishment and Qgeradon of Fund.
1. As part of the System, there is hereby established t
be deposited all of the contributions and assets whatsoever att
including the assets of the prior Municipal General Employees 0P,
2. The actual custody and supervision of the Fund (an
vested in the Board. Payment of benefits and disbursements on
by the disbursing agent but only upon written authorization froIn 1
I All funds and securities of the
lOfim System may be deposited by the Board with the Financ
Pality, 'acting in a ministerial capacity only, who shall be liab in
the same extent as he is liable for the safekeeping of funds for the
-8-
retirement allowances or
to be followed for
all matters required to
information concerning
en*ersOp benefits.
e Fund, and to notify the
refit payments and other
System and Fund.
at valuations At
�mmendations regarding
Fund, into which shall
)utable to the System,
sion Fund.
assets thereof) shall be
he Fund shall be made
: Board.
rector of the munici-
same manner and to
icipality. However,
CI
•
any funds and securities so deposited with the Finance
kept in a separate fund by the Finance Director or
securities of the' 6eaem1 , n
thereof, the Board shall deposit the funds and securities of the'.
Femme l� ,cyst in a qualified public depi
Florida Stat =. which depository with regard to such funds
and be bound by all of the provisions of Chapter 280, IIA
its investment responsibilities as set forth herein, the Board
custodian bank, an investment adviser manage registered and
of 1940 or otherwise exempt from such required registration
combination of these, for the purposes of investment decis
investment manager shall have discretion, subject to any g
Board, in the investment of all Fund assets.
4. All funds and securities of the System may
provided that accurate records are maintained at all times retl
of the Fund, including accurate current accounts and entries
A. Current amounts of Accumulated Conte
individual and aggregate account basis, a
B. Receipts and disbursements, and
C. Benefit payments, and
D. Current amounts clearly reflecting all
whatsoever attributable to contributions at
E. All interest, dividends and gains (or losse
F. Such other entries as may be properly rec
and complete financial report of the Fund
-9-
the municipality shall be
ified as such funds and
System. In lieu
as defined in §280.02,
shall conform to
In order to fulfill
retain the services of a
Investment Advisors Act
insurance company, or a
management. Such
as prescnbed by the
ingled in the Fund,
financial composition
rds the following:
of Members on both an
funds and assets
from the City, and
, and
l so as to reflect a clear
5. An iRdepeadet audit shad be performed annual
accountant for the most recent fiscal year of the City showing a de
a statement of all income and disbursements during the ye
disbursements must be reconciled with the assets at the beginning a
report shall reflect a complete evaluation of assets on both a cost ;
as other items normally included in a certified audit.
6. The Board shall have the following investment Powt
A. The Board shall be vested with full legal tit
however, and in any event to the autho:
Okeechobee City Council to amend or termh
that no amendment or Fund termination shall
any assets of this Fund except for the paymew
benefits under this System
contributions from time to time paid MtD the
thereof, without distinction between principal a
and administered by the Board or its agent in
shall not be required to segregate or invest sepa
Fund.
B. All monies paid into or held in the Fund
reinvested by the Board and the investment of
funds shall be limited to:
(1) Annuity and life insurance contracti of v
in amounts sufficient to provide, in
benefits to which all of the Members
entitled under the provisions of this Sys
and subsequent premium thereon.
-10-
by a certified public
led listing of assets and
Such income and
l end of the year. Such
i market basis, as well
rs and authority:
e to said Fund, subject,
ity and power of the
late this Fund, provided
ever result in the use of
of regular expenses and
Ee provided herein. All
Fund, and the income
d income, shall be held
ie Fund and the Board
ately any portion of the
shall be invested and
all or any part of such
'e insurance companies
Thole or in part, the
in the Fund shall be
em and pay the initial
C.
(2) Time or savings accounts of a vatic
savings/building and loan asso�iatii
Deposit Insurance Corporation.
(3) Obligations of the United States or c
principal and interest by the go rnr
(4) Bonds issued by the State of el.
(5) Bonds, stocks, commingled funs ac
State Banks or evidences of inde btec
by a corporation organized undej the
any state or organized territory of
District of Columbia, provided t
corporation is traded on a nationally
holds a rating or rankine in on
classifications by a major rating ITM
investments are made in a peeled
by a state or national bank, then the
issue in the peeled commingled fun
making within the top three (3) rating
rating service and no foreign inv stmi
the peeled commingled fund
. or ther
The Board shall not invest more than five pe,
the common stock, capital stock, or con erti
issuing company, nor shall the aggregate ve
company exceed five percent (5 %) of the oui
that company; nor shall the aggregate o its
-11-
bank, a state bank or a
insured by the Federal
Lions guaranteed as to
of the United States.
inistered by National or
>ss issued or guaranteed
ws of the United States,
United States, or the
t the security of the
,cognized exchange and
of the three highest
i& service, and if such
WrA fund administered
ling oram of each
shall hold a rating gr
assifications of a major
s shall be permitted in
t (5 %) of its assets in
securities of any one
,nt in any one issuing
wHng capital stock of
estments in common
0 0
stock, capital stock and convertible securi
percent (40 f Q %) of the assets of the Ft I in
D. The Board may retain in cash and keep i
amount of the Fund as it may deem advi
cash requirements of the System.
FE. The Board may cause any investment in
se
registered in or transferred into its nameas
TJ
such nominee as it may direct, or it may
reta
in form permitting transferability, but the
boo]
times show that all investments are part of
th,
GIE. The Board is empowered, but is not required,
bonds, or securities of any corporation, as
ocis
general or specific proxies or powers of attorni
of substitution; to participate in
mei
recapitalization, consolidations, and similar
tra
such securities; to deposit such stock or other
trust or any protective or like committee
wi
depositories designated thereby; to amo '
or
or all of the premium or discount resulting
disposition of assets; and generally to exercise
owner with respect to stocks, bonds, or o�her
-12-
at cost exceed €arty AjXtX
active of income such
having regard for the
unties held by it to be
stee or into the name of
i them unregistered and
and records shall at all
Fund.
vote upon any stocks,
)n, or trust and to give
with or without power
:rs, reorganizations,
actions with respect to
securities in any voting
li the Trustees or with
Fail to amortize any part
rom the acquisition or
my of the powers of an
nvestments comprising
0 0
121
9;
R.
of
the Fund which it may deem to be to the
exercise.
The Board shall not be required to make a
report to any court, nor to secure any orde
any power contained herein.
Where any action which the Board is reqi
function which it is required to perform ei
or under the general law applicable to
ordinance, can reasonably be taken or perl
it from a Member, the City, or any other
tion, certification, direction or instructions
liability in failing to take such action or pej
until such information, certification, dired
received by it.
Any overpayments or underpayments from
Beneficiary caused by errors of co mpu t
interest at a rate per annum approved by d
be charged against payments next succee
in another manner if prudent. Underpa
the Fund in a prudent manner,
The Board shall sustain no liability wh
the Fund to meet the payments and bens
In any application to or proceeding or
Board shall be a necessary party, and
-13-
interest of the Fund to
inventory or appraisal or
F court for the exercise of
d to take or any duty or
r under the terms herein
as Trustee under this
led only after receipt by
ity, of specific informa-
e Board shall be free of
m such duty or function
or instruction has` been
Fund to a Member or
shall be adjusted with
oard in such a-mn=
id. Over payment shall
correction or collected
shall be made up from
r for the sufficiency of
rein provided for.
in the courts, only the
-mber or other person
•
having an interest in the Fund shall be
of process. Any judgment entered in
be conclusive upon all persons.
UL. Any of the foregoing powers and fur
be performed or carried out by the
agents, provided that the Board at all
supervision over the acts of any such ages
title to said Fund shall always remain in
BONY 5. COORMUMNS.
1. Member Contributions.
A. Amount. Each Member of the Syste
regular contributions to the Fund in the
his Salary. Member contributions
Member shall be deposited with the
contributions made by each Member to
employer contributions pursuant to §41
Code of 19 - Such designation is cons
being excluded from the Members' Bros
Tax purposes. For all other purposes of
shall be considered to be Member contr
B. Method. Such contributions shall be
2. Cky Contributions.
So long as this System is in effect, the City QJ
a
the
U_�y Aut_ h�oriily, shall make quarterly contributions to the Fund
difference in each year, between the total aggregate Member cant
the total cost for the year, as shown by the most recent actuarial
-14-
to any notice or service
or action shall
eposed in the Board may
through duly authorized
es maintains continuous
further, that legal
be required to make
it of six percent (6 %) of
the City on behalf of the
least monthly. The
shall be designated as
the W e
upon the contributions
for Federal Income
such contributions
deduction.
amount equal to the
for the year and
i of the System.
•
0
The total cost for any year shall be defined as the total
cost plus the additional
amount sufficient to amortize the unfunded past service liabiitycover a period of not more
9= forty (40) yearl period, commencing with the fiscal y in which the Effective Date
of this System occurs. The total cost for anv vear shall i,P a,,v ;,,,,.A e,,..:M,.,_.
the coats as aciated with each entity's emnlMes_
3. Qd.
Private donations, gifts and contributions may
such deposits must be accounted for separately and kept on a
Funds arising from these sources may be used only for additi
determined by the Board, and may not be used to reduce wb
required City contributions.
1 • N MW Retirement Date.
A Member's normal retirement date shall be
coincident with, or the next following age sixty-five (65) and th
of Credited Service or upon the completion of thirty (30,'
regardless of age. A Member may retire on his normal retire
of any month thereafter, and each Member shall become 100 %
on the Member's normal retirement date. Normal retirement ur
from employment with the City on or after the normal
2. Normal Retirement Benefit.
A Member retiring hereunder on or after his
receive a monthly benefit which shall commence on the first d,
his Retirement and be continued thereafter during Member's
but with one hundred twenty (120) monthly payments guarante
-15-
in a
ited to the Fund, but
bookkeeping basis.
is for Members, as
have otherwise been
first day of the month
;lion of five (5) years
of Credited Service
date or on the first day
d in his accrued benefit
System is $etirement
retirement date shall
month next following
ceasing upon death,
event. The monthly
n
LJ
retirement benefit shall equal two percent (Z %) of Average Fv
year of Credited Service.
3. Far y_ Retirement Date.
A Member may retire on his early retirement date
of any month coincident with or next following the later of
(55) and the completion of ten (10) years of Credited Service.
System is Retirement from employment with the City on or
and prior to the normal retirement date.
1
4. Early Retirement Benefit.
A member retiring hereunder on his early re '
mi
a deferred or an immediate monthly retirement benefit payabb
normal retirement as follows:
A. A deferred monthly retirement benefit w
'c
would have been his normal retirement
employment as a General Employee and s
ha
day of each month thereafter. The an
ou
monthly retirement benefit shall be deterniii
for retirement on his normal retiremen
c
Service and Average Final Compensation
early retirement date; or
B. An immediate monthly retirement benefit
h
early retirement date and shall be continued
month thereafter. The benefit payable
sh
paragraph A above, which is reduced by o
-.
of the first five (5) years and one -thirtieth
V
five (5) years by which the commencement
-16-
Compensation, for each
ich shall be the fast day
inment of age fifty-five
ly retirement under the
to early retirement date
date may receive either
t the same form as for
hall commence on what
ate had he continued
ie continued on the first
of each such deferred
in the same manner as
except that Credited
be determined as of his
shall commence on his
i the first day of each
be as determined in
tenth (1/15th) for each
h) for each of the next
benefits precedes the
0 •
date which would have been the Member's
he continued employment as a General I
SECTION 7 D .A BENEFT1'S.
I. Prior to Vesting or E1_igy for Retirement.
The Beneficiary of a deceased Member who was
Payments, or who was not yet vested or eligible for reti
hundred percent (100 %) of the Member's Accumulated
2. DeCeamad MP.mhPrc VaeraA nr r.1:.. m- r .
Any member, whether or not still actively em]
vested accrued benefit, shall be eligible for a death benefit if
other benefits from this System. The amount of the death t
percent (50 %) of the actuarially equivalent single sum value of
benefit or his Accumulated Contributions, whichever is greate
If this single sum value is less than $3,500, it
If the value exceeds $3,500, the Beneficiary may elect paynx
forms available for retirement benefits or a lump sum paymen
If a Member is eligible for early or normal
employment and dies while so employed, the death benefit slu
It shall be assumed that such deceased Member had retired im;
of death and elected the Ten Year Certain and Life Thereafter i
benefit shall be equal to fifty percent (50 %) of the actuarially ,
of the Member's vested accrued benefit, if larger than the I
Thereafter option, described earlier in this Section.
-17-
retirement date had
monthly benefit
receive a refund of one
, who has a right to a
s before collecting any
shall be equal to fifty
mber's vested accrued
paid in a lump sum.
any of the optional
but remains in
determined as follows:
r preceding his date
However, the death
single sum value
en Year Certain and Life
• 0
SECTION 8. DISAB
1 • Disabiliv Benefits,
Eaeh General Member
ifHhe
System and who shall
have become totally and permanently disabled while an active
General
Employee effie-Eity
to the extent that he is unable, by reason of a medically determinable
physical or mental
impairment, to perform the duties that the General Employee
signed at the time of the
impairment and is unable to perform the duties of another General
Employee position which
the City Okeechobee or the - Okeechobet—UMV AuthoritV
makesof
available to him in a
similar job classification and rank at no reduction in Salary forw
ch the General Employee
is qualified by reason of training, education, or experience,
whet
ier or not such disability
was directly caused by the performance of his duty as a GeneGenend
Employee, shall, upon
establishing the same to the satisfaction of the Board, be C
ntidedto
a monthly pension
determined in the same manner as for Early Retirement set
forth
in Section 6, subsection
4.B, providing for an actuarial reduction.
2. Conditions Di , KatiWag Disab iV Benefits.
Each General Employee who is claiming disability
nefits shall establish, to
the satisfaction of the Board, that such disability was = occasioned
primarily by;
A. Excessive or habitual use of any drugs, intoxicants,
or alcohol.
B. Injury or disease sustained while wiMily
and
illegally participating in
fights, riots or civil insurrections.
C. Injury or disease sustained while committing
a
crime,
D. Injury or disease sustained while serving
in
y branch of the Armed
Forces.
E. Injury or disease sustained after his eniployinen
as a General Employee
with the City Okeechobee
Utility Authnritv shall
have terminated.
-18-
• •I
F. Willful, wanton or intentional misconduct or gross negligence of the
Member.
G. Injury or disease sustained by the Member while
worlang for anyone other than the I ity of Okeechobee or the
Okeechobee Utility Auth�� and arising out of such employment.
H. A condition pre-existing the General Emplo,ee's membership in the
System. No Member shall be entitled to a disability pension because
of or due to the aggravation of a specific injury impairment or other
medical condition pre-existing at the time ! f m mbership in the System,
provided that such pre-existing condition and its relationship to a later
injury, impairment or other medical condition be established by
competent substantial evidence. Nothing herein shall be construed to
preclude a disability pension to a Member who, after membership in
the System, suffers an injury, impairment or other mnedical condition
different from some other injury, impairment, or other medical
condition existing at or prior to said me," bersi lip.
3. Physical Examination ftU* eme.^.t.
A Genera}-Emnpleyee Mgr shall not become eligib Le for disability benefits
until and unless he undergoes a physical examination by a quablied physician or physicians
and/or surgeon or surgeons, who shall be selected by the Board or purpose. The Board
shall not select the Member's t ntinott
Any GeneM EnqAeyee Retiree receiving disabilii� benefits under provisions
of this ordinance may be periodically re-examined by' a qtd hysician or physiciansand/or surgeon or surgeons who shall be selected by the B to determine if such dis-
ability has ceased to exist. If the Board finds that the Retiree isll no ]
-19-
permanently and
totally disabled to the extent that he is unable to render useful
General Employee, the Board shall recommend to the City that
Performance of duty as a General Employee, and the Retiree so re
rights that Member had at the time he was placed upon pensic n.
ordered to return shall refuse to comply with the order wit
issuance thereof, Member ha shall forfeit the right to his pen 'on
The cost of the physical examination and/or -e)
Employee claiming an&or the Retiree receiving disability b ne:
Fund. All other reasonable costs as determined by the Bard
examination, such as, but not limited to, transportation, meals ai
shall be borne by the Fund.
If the GeneM Envk)yee Retiree recovers ftrot d
service of the City as a General Employee, his service 1
continuous, and the period for which Member Retiree received di
shall be Credited Service for purposes of the System. If the ratim
to reenter the service of the City as a General Employee within
the Board determines that the Retiree is no longer permanently a
extent that he is unable to render useful and efficient service as
Member's future benefits shall be determined as though he ini �
on the date the Board determined that he was permanently and tots
that he was unable to render useful and efficient service as a Gene
The Board shall have the power and authority to i
regarding all disability claims.
5. Msability Pavmen - .
The monthly benefit to which a Member is a tid
Member's disability retirement shall be payable on the first days of
-20- -
d efficient service as a
Retiree be returned to
ied shall enjoy the same
the event the Retiree so
rty (30) days from the
mination of the General
is shall be borne by the
incident to the physical
l hotel accommodations,
ability and reenters the
deemed to have been
tbiiity retirement income
1 Fhmpleyft Retiree fails
(30) days from the date
I totally disabled to the
General Employee, the
terminated employment
ly disabled to the extent
al Employee.
ake the final decisions
in the event of the
first month after the
n
LJ
•
Board determines such entitlement. However, the
payable as of the date the Board determined such
partial month shall be paid together with the first payment. '
A. If the Gewra4 En pleyee Retiree recove
his normal retirement date, the payment
such recovery, or
B. If the GeneM Empleyee Retiree dies
or attains his normal retirement date
due next preceding his death or the 1
is later.
6. Workers' Co =cation.
When a Member is receiving a disability pensi
benefits pursuant to Florida Statute Chapter 440, for the
monthly benefits received from both exceed 100 % of the Me
defined in C a= 440 Florida Statutes mea
pension benefit shall be reduced so that the total monthly am
does not exceed 100% of such Salary .
SECTION 9. VESTiN['�,
If a Member terminates his employment with the C
discharge, and is not eligible for any other benefits under this
entitled to the following:
1. If the Member has less than five (5) years Credi
the Member shall be entitled to a refund of his Accumulated C
leave it deposited with the Fund.
2.
-21-
income shall be
any portion due for a
Payment will be:
the disability prior to
preceding the date of
ing from disability
disabled, the payment
y payment, whichever
workers' compensation
disability, and the total
final m9nibly wage. as
-ewe, the disability
eceived by the Member
ither voluntarily or by
n, Member shall be
rvice upon termination,
utions or Member may
-- .
' 1
Accumulatednot elect to mdthdraw his n n r
his otherwise normal or-culy retirement date, If the Mel does n mdffidraw his
deceased Member. vested or cbgible for Retirement -under Pre -M =ment Death.
I. In lieu of the amount and form of retirement in ome payable in the event of
normal or early retirement as specified herein, a , upon written
request to the Board may elect to receive a retirement inca ne r benefit of equivalent
actuarial value payable in accordance with one of the following opt ons:
A. A retirement income of a modified morthly amount, payable to the
Gew Member during the time of the Genera}
£ITTleyee Member and following th d th of the Genera}
EfvqAeyeeMember, 100 %, 75 %, or 50 91 of such monthly amount
payable to a joint pensioner for his life ' .
B. A retirement income of a modified monthly amount for the lifetime of
the GeneM Eng4eyedftmber only.
W*M
• 10
C. If a Member retires prior to the time at whi h social security benefits
are payable, he may elect to receive a#i increased retirement benefit
until such time as social security nefi shall be assumed to
commence and a reduced benefit the r in order to provide, to as
great an extent as possible, a more levet retirement allowance during
the entire period of Retirement. The amounts payable shall be as
recommended by the actuaries for the System, based upon the social
security law in effect at the time of the Member's Retirement. This
option may be combined with other opti' nal orms of benefits.
2. The ben Member, upon electing a ly ol ition of this Section, will
designate the joint pensioner (subsection-L.A. abov) or Be efi
(or Beneficiaries) to
receive the benefit, if any, payable under the System in the ervent of Member's death, and
will have the power to change such designation from time to time. Such designation will
name a joint pensioner or one or more primary Beneficiaries where applicable. If a 6eaera}
£ .Y reeM=ber has elected an option with a joint pensioner Or Beneficiary and Member's
retirement income benefits have commenced, Member may the reafwr change his designated
Beneficiaryat any 'me, but MU change nt Rcnsioner only e
de6v
the M- L if the designated
Rnsioner and the Member were married at the time of Member's Retirement and are
divorced subsequent thereto n
provided however, in no event may a Member change his a gnated
pensioner more than twice.
I The consent of a
Beneficiary to any such change shall not be required. The
Beneficiaries to receive benefits under the System shall d
- 23 -
' joint pensioner or
ghts of i I previously -designated
4. Upon change of a MexberRe j 's Bene
accordance with this section, the Board shall adjust the Mew
application of actuarial calculations to insure that the benefit ;
Of the lti¢ereber$'s then -current benefit. Any such
actuarial recalculation expenses and shall make repayment of
Pension benefits as a result of said recalculations. Each regi
in writing on a form prepared by the Board and on completic
In the event that no designated Beneficiary survives the C
benefits as are payable in the event of the death of the 6eaera
to his Retirement shall be paid as provided in Section 11.
5. Retirement income payments shall be made
accordance with the provisions of this Section and shall
limitations:
A. If a 6ea Member dies prior
or early retirement date, whichever first
will be payable under the option to any pe
will be determined under Section 7.
B. If the designated Beneficiary (or Benefici
before the ' r'
the option elected will be canceled auto
income of the normal form and amount w
EfVq4eyeeMember upon his Retirement a:
made, unless a new election is made in ac
of this Section or a new Beneficiary is
Ef*eyeeMember prior to his Retirement,
after the death ef the Baiefieiary
-24-
Iciary or joint pensioner in
's monthly benefit by
aid ' the Actuarial Equivalent
�effixft-d= shall pay the
y o irerage of previously -paid
st for a change will be made
be filed with the Board.
such
subsequent
mder the option elected in
subject to the following
to his normal retirement date
no retirement benefit
rson, but the benefits, if any,
Lries)or joint pensioner dies
*etirement under the System,
ma tally and a retirement
bc payable to the Geseml
if d a election had not been
,orda nce with the provisions
deli ted by the 6esera�
• • III
C. 11 both the retired and the Beneficiary (or
Beneficiaries) designated by Member die before the full
Payment has been effected under any option providing for payments for
a period certain and life thereafter, made pursuant to the provisions of
Subsection 1, the Board may, in its disc 'on, direct that the commuted
value of the remaining payments be aid 7a lump sum and in
accordance with Section 11.
D. If a GeneM EfvgleyeeMember continues' eyo d his normal retirement
date pursuant to the provisions of Secti n 6, Subsection 1, and dies
prior to his actual retirement and while op on made pursuant to the
provisions of this Section is in effect, monthly retirement income
payments will be made, or a retirement b nefi will be paid, under the
option to a Beneficiary (or Beneficiaries de 'gnated by the General
in the amount or amour s computed as if the General
leyeeMember had retired under the o lion n the date on which his
death occurred.
6. A General Ekvqq4eyee&tiree may not change his re dreff tent option after the date
of cashing or depositing his first retirement check.
7. Notwithstanding anything herein to the contrary, the oard in its discretion,
may elect to make a lump sum payment to a Member or a Memb is I leneficiary in the event
that the total commuted value of the remaining monthly income pa ents to be paid do not
exceed Three Thousand Five Hundred Dollars ($3,500.00). Any suc payment made to any
Person Pursuant to the power and discretion conferred upon 1
sentence shall operate as a complete discharge of all obligati
regard to such Member and shall not be subject to review by
binding and conclusive on all persons.
-25-
by the preceding
r the System with
but shall be final,
•
0
SECITON 11, BENEFIC?AM
I. Each 6 Member or -Retiree
Purpose, signed and filed with the Board, designate a Be
receive the benefit, if any, which may be payable in the event
tion may be revoked by such General Employee by signing a
designation-of-heneficiary form. Upon such chan¢P the riel
2. If a deceased & Member or Re
ary in the manner prescribed in Subsection 1, or if the Benefi
by a deceased GefwM Efj4Aeywhftmber or get 'ree
Eff. le 1 -, '-Mber or R f the death benefit, if any, whi
System with respect to such deceased GeneM Eft j
JV UWAVEAW
to the estate of the ,-mh, uoa,.m
.L The Board Shall establish adminictraNuo faa;rni
n a form provided for that
Lary (or Beneficiaries) to
s death; and each designa-
ling with the Board a new
ulsd to name a Benefici-
(or Beneficiaries) named
ieceasesd the Genera}
ty be payable under the
x Retiree, shall be paid
. decision-
I The Board sha have the j2ower to suWoena r wt�u
MdMesses-and the-RMduction of docu Lr-diiscove:v nfjlp- - ald- at Wry- =eedinLys
Ph"WO10— -CaiTWif
• a_. • �s . •.. �_, • 7... . •
Y • •.•. 0' DGA no -_..-
=tee 7 ��R :-.• �_+v_r�-sir
fig:
The deeisien of the Bewd at &e-�
-1--- Al_ _ . . . .
i ji I
�•}•fl T.\ i•.•T'if
-28-
ena:a..R-.._a a,. ..L benefits-.
�aa.,aa,u uavaa
T
- of Members reeeM"
..l ..VL /
� • va �JL aK4a1 be en the Beard-
EmeePt as to these reeer'ts which am &
f4u--.6.... 11A 711_—!-1_ M... . — .. .
-31-
1-1--i%�—y-- -It ^=s 1.
• 0
SECTION 1_ ROSTER OF RETEM.
The Secretary of the Board shall keep a record of a
under the provisions of this ordinance in which it shall be no
is allowed and when the same shall cease to be paid. Additia
a record of all employed by tt
manner as to show the name, address, date of employment
employment-�e�.
The Board may employ independent legal counsel at
purposes contained herein, together with such other profession
as the Board deems necessary.
SECTION 15. MAXU4 Tyf PENSION.
I. Basic Limitation.
Subject to the adjustments hereinafter set forth, tl
retirement income payable with respect to a Member under th
lesser of.
A. $90,000, or
B. 100% of the Member's average
(3) consecutive calendar years during whi
an active Member and had his hiehe
"Compensation" shall mean the Gene
annual remuneration paid or accrued for
the City during the plan year as
EHTIeywhftmber's W-2.
For purposes of applying the above limitation, nef
other than a straight life annuity with no ancillary benefits shall be
-34-
rsons enjoying a pension
ie time when the pension
, the Secretary shall keep
in such a
em's expense for the
ical, or other advisors
imam amount of annual
am shall not exceed the
npensation for the three
General Employee was
,gregate compensation.
aple3+eeMember's total
,ial services rendered to
rted on the Genera}
is payable in any form
djusted, as provided by
C�
i
Treasury Regulations, so that such benefits are the
annuity. For purposes of this Section, the following benefits
(1) Any ancillary benefit which is n
income benefits;
(2) Any other benefit not required L
Rev—enifte—Code and Regulations
account for purposes of the lit
Revenue Code.
2. Participation .n Other Defined Benefit Plana.
The limitation of this Section with respect to
been a member in any other defined benefit plan (as del
Revenue Code) maintained by the City shall apply as if the
defined benefit plans in which the Member has been a memt
3. Adjustments in Limitation .
In the event the Member's retirement benefits
the $90,000 limitation prescribed by this Section shall be reduc
tions issued by the Secretary of the Treasury pursuant to the
Internal Revenue Code, but not less than $75,000. if the bevel
In the event the Member's retirement benefit
five (55), the $75,000 limitation shall be reduced from age fi
Regulations issued by the Secretary of the Treasury pursuant
the lferrA Revemm Code.
If the Member's retirement benefit becomes
for purposes of determining whether this benefit meets the
1 herein, such benefit shall be adjusted so that it is actL
-35-
ivalent of a straight life
of be taken into account:
:fly related to retirement
15(b)(2) of the lntemal
to be taken into
of §415(b)(1) of the
who at any time has
§4140) of the Internal
refits payable under all
payable from one plan.
e payable before age 62,
accordance with Regula-
isions of §415(b) of the
sayable before age fifty-
(55) in accordance with
isions of §415(b) of
ter age sixty-five (65),
set forth in Subsection
to the benefit
beginning at age 65. This adjustment shall be made using an
percent (5 %) and shall be made in accordance with regulations
of the Treasury or his delegate.
The maximum retirement benefits payable
who has completed less than ten (10) years of Credited
amount determined under Subsection 1 of this Section
of which is the number of the Member's years of Credited
which is ten (10).
Notwithstanding the foregoing, the retirement
a Member shall be deemed not to exceed the limitations
benefits payable, with respect to such Member under
qualified defined benefit pension plans to which the City Conti
for the applicable plan year and for any prior plan year and
maintained a qualified defined contribution plan in which the,
In any case where a Member under this System
Contribution Plan" as defined in §414(i) of the LatertudEte�
City, the sum of the "Defined Benefit Plan Fraction" and d
Fraction" (both as defined in §415(e) of the e
restrictions and exceptions contained in §2004 of the Act, ex
Reduction of benefits and/or contributions to
be accomplished by first reducing the Member's benefit
which Member participated, such reduction to be made first wi
-36-
interest rate of five
by the Secretary
: Section to any Member
►ith the City shall be the
a fraction, the numerator
and the denominator of
it payable with respect to
rth in this Section if the
tem and under all other
s, do not exceed $10,000
City has not at any time
fiber participated.
a Member in a "Defined
maintained by the
Contribution Plan
shall not, subject to the
W
where required, shall
defined benefit plans in
to the plan in which
Member most recently accrued benefits and thereafter in such pric
by the Board and the plan administrator of such other plans, and
sating excess forfeitures for defined contribution plans in which
such reduction to be made first with respect to the plan in why
accrued benefits and thereafter in such priority as shall be es bh
Plan administrator for such other plans provided, however, that ne
made in a different manner and priority pursuant to the agreenieni
administrator of all other plans covering such Member.
8. Cost -of -Living Adjustments.
The limitations as stated in Subsections 1, 2, 3, and
to the time payment of a benefit begins in accordance with any,
prescribed by the Secretary of the Treasury pursuant to §4 5(d)
Code.
9. Additional Limitation on Pension Benefits.
Notwithstanding anything herein to the contrar
A. The normal retirement benefit or pens
becomes a member of the System a
participated in such System, on or afte
exceed 100 percent of his Average Fin
nothing contained in this Section shall apl
benefits or to pension increases attributal
or adjustments.
B. No Member of the System who
shall be allowed to receive a retirement t
part or in whole based upon any servic
Member is already receiving, or will rece:
-37-
rity as shall be determined
next, by reducing or allo-
the Member participated,
h Member most recently
hed by the Board and the
;essary reductions may be
of the Board and the plan
i herein shall be adjusted
3st of -living adjustments
of the WervW Revea*
Iyable to a retiree who
ho has not previously
nary 1, 1980, shall not
mpensation. However,
supplemental retirement
cost -of -living increases
lit or pension which is in
d1h. respect to which the
in the future, a retirement
` • II• I
benefit or pension from another System or plan. This restriction does
not apply to social security benefits or fedeml benefits under Chapter
67, Title 10, U.S. Code.
SECTION R16 D STRI OMON OF
Notwithstanding any other provision of this System
retirement income payable from this System after the Effective
satisfy the following conditions:
-38-
to contrary, a form of
Date of this ordinance, shall
1. If the retirement income is payable before the
A. It shall either be distributed or commen
April 1 of the calendar year following I
which the Member attains age 70-1/2,
Member retires,
B. The distribution shall commence not
defined above; and a), shall be paid o
over the lifetimes of the Member and
b), shall be paid over the period extend
ancy of the Member and Spouse, issue
Where a form of retirement income payment
with the preceding paragraphs and the Member dies before h
has been distributed, the remaining portion of such interest in
no less rapidly than under the form of distribution in effect
death.
2. If the Member's death occurs before the disc
System has commenced, Member's entire interest in the Sys
five (5) years of Member's death, unless it is to be distri
following rules:
A. The Member's remaining interest in i
Spouse, issue or dependent;
B. The remaining interest is to be distdbuti
issue or dependent or over a period r
expectancy of the Spouse, issue or depe;
C. Such distribution begins within one year
the Member's Spou ,
-39-
'ember's death,
to the Member not later than
ter of the calendar year in
calendar year in which
than the calendar year
life of the Member or
issue or dependent, or
beyond the life expect-
imenced in accordance
interest in the System
em shall be distributed
time of the Member's
n of his interest in the
all be distributed within
in accordance with the
is payable to his
the life of the Spouse,
riding beyond the life
; and
Member's death unless
Lll receive the remaining
interest in which case the distribution need not begin before the date on
which the Member would have attained !age 0-1/2 and if the Spouse,
issue or dependent dies before the distri uti n to the Spouse,-issue-er
dependent begins, this Section shall be apph as if the Spouse; issue
er-dependef were the Member.
1. Interest of Members in System.
At no time prior to the satisfaction of all lial
respect to Members and their Spouses or Beneficiaries, sty
income of the Fund be used for or diverted to any purpose
benefit.
2. LAQuidadeft -of Fund -Assets.
under the System with
r part of the corpus or
than for their exclusive
ist6butieft
;e-hgaidatien;ity in writing
€
-41-
it is
"f their
M
0 •
-al No amendment or ordinance shall be adopted by City Council of the City
of Okeechobee which shall have the effect of reducing the then vested accrued benefits of
Members or a Member's Beneficiaries.
3. Qualification of System.
It is intended that the System will constitute a qualified pension plan under the
applicable provisions of the Code, as now in effect or hereafter amended. Any modification
or amendment of the System may be made retroactively, ' necessary or appropriate, to
qualify or maintain the System as a Plan meeting the requirements of the applicable
provisions of the Code as now in effect or hereafter amended, or any other applicable
provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted,
and the regulations issued thereunder.
4. Use of Forfeitures.
Forfeitures arising from terminations of servi of rmbers shall serve only
to reduce future City contributions.
1. This ordinance establishing the System and
pertaining to said System and Fund, may be modified, termin;
in part; provided that if this or any subsequent ordinance shall
application to any person benefiting hereunder, the amount of
any such alteration, amendment, or repeal shall have accrued
shall not be affected thereby, except to the extent that the
mined to be inadequate.
2. If this ordinance shall be repealed, or if
discontinued, the Board shall continue to administer the
Provisions of this ordinance, for the sole benefit of the then
receiving retirement allowances, and any future persons
of the, options provided for in this ordinance who are i
- 42 -
id subsequent ordinances
or amended, in whole or
or repealed in its
which at the time of
Member or Beneficiary
the Fund may be deter-
nbu -ons to the System are
tern in accordance with the
ibers, any Beneficiaries then
to receive benefits under one
4 by any of said Members.
In the event of repeal, or if contributions to the System are disco itinued, there shall be full
vesting (100%) of benefits accrued to date of repeal and the as is of the System shall be
allocated in an equitable manner to provide benefits on a orb orate basis to the persons
so entitled in accordance with the provisions thereof.
3. The following shall be the order of priority for Purposes of allocating the assets
of the System as of the date of repeal of this ordinance, or if contributions to the System are
discontinued with the date of such discontinuation being determined by the Board.
A. Apportionment shall first be made in respect of each refired -General
EregleyeeRetiree receiving a retirement or disability benefit hereunder
on such date, each person receiving a benefit on such date on account
of a retired or disabled (but since deceased) GeAeng Enq}eyee,
Member and each 6ea who has, by such date,
become eligible for normal retirement but has not yet retired, an
amount which is the Actuarial Equivalent of such benefit, basedtrpea
at- --- - --_I .. . -
, provided that, if such asset value be less than the
aggregate of such amounts, such amounts shall be proportionately
reduced so that the aggregate of such reduced amounts will be equal to
such asset value.
B. If there be any asset value remaining
paragraph A, apportionment shall next be
GefieM Eft449yeeMgmber in the service of
who is not entitled to an
amount required to provide the Actuarial
abeve, of the vested Rgition accrued non
- 43 -
apportionment under
de in respect of each
City on such date who
d-Servieeis vested and
paragraph A, in the
lent,
-ement benefit 02ut not
1.0
Ful
less than Accumulated Contributions),
and Average Final Compensation
each vested former Member then entitle
not, by such date, begun receiving
required to provide said Actuarial F
on the Credited Service
as of such date, and
to 4 deferred benefit who has
payments, in the amount
I of the vested ggWon of
jhr,accz'ued normal retirement benefit, t less than Accumulated
Contributions) provided that, if such remaining asset value be less than
the aggregate of the amounts apportioned hereunder, such latter
amounts shall be proportionately reduce so t the aggregate of such
reduced amounts will be equal to such g asset value.
If there be any asset value after the
A and B, apportionment shall be mad
l�leyee 'fig in the service of the
entitled to an apportionment under pars
equal to Member's Accumulated Contal
remaining asset value be less than
apportioned hereunder such latter ,
reduced so that the aggregate of such
such remaining asset value.
If there be any asset value remaining
paragraphs A, B, and C, apportionment
of each bee Member incl
the extent of the Actuarial Equiv
above; of the non -vested ,Portion of
fit, less the amount apportioned in
Service and Average mew
-44-
ti ents under paragraphs
in respect of each General
on such date who is not
A and B in the amount
provided that, if such
of the amounts
shall be proportionately
amounts will be equal to
apportionments under
be made in respect
paragraph C above to
normal retirement bene-
, based on the Credited
as of such
• 0
date, provided that, if such remain
aggregate of the amounts apportioned
reduced so that the aggregate of such
such remaining asset value.
E. In the event that there be asset
apportionment specified in paragraphs
shall be returned to the Citv. less re
The allocation of the Fund provided for in this
the Board, be carried out through the purchase of insurance
the benefits determined in accordance with this Subsection.
in one sum to the persons entitled to said benefits or the dist
such other equitable manner as the Board may direct. Th
existence for purposes of subsequent distributions.
If, at any time during the first ten (10) years
ordinance originally establishing this System, the System sl
current costs of the System shall not have been met, anything
notwithstanding, City contributions which may be used for
twenty-five (25) highest paid General Employees on the effe
annual retirement allowance provided by the City's contributioi
ment date would exceed $1,500, shall not exceed the greater c
amount computed by multiplying the smaller of $10,000 or t
General Employee's average annual earnings during his last fi
-45-
value be less than the
such amounts shall be
amounts will be equal to
mg after the full
C, and D, such excess
t may, as decided by
contracts to provide
l may be distributed
may be carried out in
may be continued in
ie effective date of the
terminated or the full
System to the contrary
efit of any one of the
date, whose anticipated
s normal retire-
.r a) $20,000, or b), an
percent (20 %) of such
years of service by the
•
•
number of years of service since the effective date. In the eve
determined by statute, court decision, ruling by the Commissioin
otherwise, that the provisions of this paragraph are not then nece
under the hiternal Revenue Code, this paragraph shall be in ffe,
of further amendment of this ordinance.
4. After all the vested and accrued benefits provided
and after all other liabilities have been satisfied, then and only ther
revert to the general fund of the City.
Except as otherwise provided by law, the pensions, a
accrued or accruing to any person under the provision
Accumulated Contributions and the cash securities in the Fun
are hereby exempted from any state, county or municipal 1D
execution, attachment, garnishment or any legal proses
unassignable.
SON 2420, PENSION VALIDITY.
The Board shall have the power to examine into the I
shall heretofore have been granted under any prior or exist,
granted or obtained erroneously, fraudulently or illegally fa
empowered to purge the pension rolls of any person heretofore
or existing law or heretofore granted under this ordinance
erroneous, fraudulent or illegal for any reason; and to rec
heretofore under any prior or existing law been or who shall 1
be erroneously, improperly or illegally classified.
-46-
that it shall hereafter be
of Internal Revenue, or
iry to qualify the System
ve without the necessity
iereunder have been paid
shall any remaining funds
es, or any other benefits
this ordinance and the
Lted under this ordinance
I shall not be subject to
iatsoever and shall be
upon which any pension
.w, or shall hereafter be
reason. Said Board is
ted a pension under prior
ie same is found to be
Fy any person who has
Ner under this ordinance
•
SECTION M21. FORFEMJRE OF PENSION.
1. Any GeaAM EmpleyeeMember who is con
committed prior to retirement, or whose employment is ten
commission, aid or abetment of the following specified of
benefits under this System, except for the return of his Ace
date of termination. Specified offenses are as follows:
A. The committing, aiding or abetting of
B. The committing, aiding or abetting of i
employee from employer;
C. Bribery in connection with the emplo
employee;
D. Any felony specified in Chapter 838, E
E. The committing of an impeachable offe
F. The committing of any felony by a pu
willfully and with intent to defraud the p
which he acts or in which he is employ
faithful performance of his duty as a
realizes or obtains or attempts to obtain I
himself or for some other person throut
the power, rights, privileges, duties or
employment position.
2. Conviction shall be defined as an adjudication
jurisdiction; a plea of guilty or a nolo contendere; a jury verdict
Of guilt is withheld and the accused is placed on probation; or a
an impeachable offense.
-47-
of the following offenses
by reason of his admitted
shall forfeit all rights and
Contributions as of the
ement of public funds;
by a public officer or
of a public officer or
or employee who
or the public agency, for
f the right to receive the
officer or employee,
gain, or advantage for
use or attempted use of
a of his public office or
t by a court of competent
guilty when adjudication
iviction by the Senate of
I Court shall be defined as any state or federal court
of competent jurisdiction
which is exercising its jurisdiction to consider a proceeding m
lol '
g the alleged commission
of a specified offense. Prior to forfeiture, the Board shall hold
a
hearing on which notice
shall be given to the Member whose benefits are being considered
for forfeiture. Said
Member shall be afforded the right to have an attorney present.
No
formal rules of evidence
shall apply, but the Member shall be afforded a full opportunity
to
present his case against
forfeiture.
4. Any Member who has received benefits from
the
System in excess of his
Accumulated Contributions after Member's rights were forfeited
shall be required to pay
back to the Fund the amount of the benefits received in
excess
of his Accumulated
Contributions. The Board may implement all legal action necessary
to recover such funds.
SECTION 3322, INDENIl MCATION.
1. To the extent not covered by insurance contracts
in
force from time to time,
the City shall indemnify. defend and hold harmless members of
the
Board from all personal
liability for damages and costs, including court costs andattorneys'
fees, arising out of
claims, suits, litigation, or threat of same, herein referred to
as
"claims% against these
individuals because of acts or circumstances connected with
rarising
out of their official
duty as members of the Board. The City reserves the right, fii
its
sole discretion, to settle
or not settle the claim at any time, and to appeal or to not appeal
from
any adverse judgment
or ruling, and in either event will indemnify. defend and hold Immless
any members of the
Board from the judgment, execution, or levy thereon.
2. This Section shall not be construed so as to relieve
any
insurance company or
other entity liable to defend the claim or liable for payment of
the judgment
or claim, from
any liability, nor does this Section waive any provision of law
affo
g the City immunity
from any suit in whole or part, or waive any other substantive
or procedural
rights the City
may have.
- 48 -
•
3. This Section shall not apply nor shall the City be
to defend or pay for claims arising out of acts or omissions of m
constitute felonies or gross malfeasance or gross misfeasance in
If a member of any of the City's time retirement
other two systems, he must choose one of the following
Service accrued to date of transfer.
1. The Member may take a refund of his
event no pension benefit shall be payable based on Credited
covered.
2. The member may leave his Accumulated
event his Credited Service with both systems shall be
eligibility for benefits and for vesting. When the member is
shall receive benefits from both systems, which shall consist
system based on the provisions of the respective system
Service under that system.
The years or fractional parts of years that a General
on active duty in the active military service of the Armed Fi
United States Merchant Marine, voluntarily or involuntarily, 1
conditions, prior to first and initial employment with the City
Credited Service provided that:
1. The General Employee contributes to the ]
contributed had he been a member of the System for the
for which he is requesting credit plus amounts actuarially
- 49 -
in any manner
of the Board which
transfers to either of the
with regard to Credited
Contributions, in which
attributable to the period
in the fund in which
purposes of determining
to receive a benefit, he
benefits under each
earnings and Credited
serves or has served
the United States or the
or under honorable
be added to his years of
that he would have
fractional parts of years
d such that the crediting
0
of service does not result in any cost to the Fund plus payment a
services rendered to the Board in connection with the purchase of
2. The request shall be made only once and mad$ by
or before
from the date of his employment with the City, ---'-=e�=
3. Payment by the General Employee of the requn
six (6) months of his request for credit and shall be made i
receipt of which Credited Service shall be given.
4. The maximum credit under this Section shall 1
5. Credited Service purchased pursuant to this
vesting.
This Section applies to distributions made
Notwithstanding any provision of the plan to the contrary
distributee's election under this Section, a distributee may
manner prescribed by the Board, to have any portion of an eli,
directly to an eligible retirement plan specified by the distribii
2. Definitions.
A. Eligible Rollover Distribution: An eli¢ib
distribution of all or any portion of the
distributee, except that an eligible rollovei
any distribution that is one of a series
costs for all professional
ears of Credited Service.
General Employee on
r-ee-e- * (6) months
shall be made within
lump sum payment upon
(4) years.
shall not count toward
after January 1, 1993.
otherwise limit a
at the time and in the
distribution paid
i4 a direct rollover.
payments (not less frequently than annually) im
expectancy) of the distributee or the j ' t
expectancies) of the distributee and the oh
-50-
distribution is any
to the credit of the
does not include:
equal periodic
for the life (or life
lives (or joint life
ributee's designated
1.0
Beneficiary, or for a specified period of
ten years or more; any
distribution to the extent such distribution
is required under section
401(a)(9) of the Code; and the portion)
of
y distribution that is not
includible in gross income.
B. Eligible Retirement Plan: An eligible retire
nt plan is an individual
retirement account described in section
08(a) of the Code, an
individual retirement annuity described
in
ction 408(b) of the Code,
an annuity plan described in section 40
(a) of
the Code, or a qualified
trust described in section 401(a) of
the
Code, that accepts the
distdbutee's eligible rollover distribution.
owever, in the case of an
eligible rollover distribution to the surviiing
Spouse, an eligible
retirement plan is an individual re '
met
account or individual
retirement annuity.
C. Distributee: A distdbutee includes an employee
or former employee.
In addition, the employee's or former a
plo
ee's surviving Spouse is
a distri'butee with regard to the interest of
die
Spouse.
D. Direct Rollover: A direct rollover is 9L
payment
by the plan to the
eligible retirement plan specified by the
4sftibutee.
IIWily Authority shall elect to-
JL Unless otherwise prohibited by law_ cnntimiP to
L Disco a his reti
-51-
•
i•
m-%Ok%% -"9.a,
-52-
•
CITY OF OKEEC
MEMORANDUM
TO: Mayor and Council
DATE:
FROM: John Drago, City Adminietrator
1. Enclosed are the September 18, 1995 minutes
Committee meeting.
2. The Council approved a new position for the Po
funding allocated was to lease an additional car for
a car, and the car is being added to the current Id
3. Council member Watford informed the City that the
cars was January 31, 1996. However, he indical
allocation has been exhausted by Ford. Mr. Watfor
cutoff date being moved up is a good possibility.
is preparing the proposal for our rental program n
for new cars sometime in November. Ford is the c
size police car. I want to thank Mr. Watford for th,
4. Enclosed is another letter the City received concerr:
may remember that an article was in the "OkeechoG
water pressure at the nursing home. I was inform4
that the nursing home claim will be paid. The city;
reason why the insurance company was willing to
knew there was a problem at the new water plant i
problem. The letter from Mr. Campbell has merit.
that one of the pumps at the old water plant ha!
months, Mr. Jones knew about it, and it has not
Reese has indicated to me that the plant operators
things at both plants when the City spent a large s
system to eliminate errors. Again, none of the cure
September 28, 1995
STATUS REPORT
LDR Citizen's Advisory
artment. Part of the
;ion. The City located
SunBank.
f date to order new police
at 70% of the police car
I that the likelihood of the
that information, the City
we can place the order
ianufacturer to offer a full
V information.
sigh water pressure. You
)ws" concerning the high
our insurance company
ley informed me that the
was because Mr. Jones
id nothing to correct the
> informed by Mr. Reese
n broken for the past 6
fixed. Furthermore, Mr.
nue to manually operate
f money to automate the
inagers of public utilities
JW
• 0
have done anything to correct the problem with
been told to me over the past two days.
5. While we are on the subject of Mr. Jones, it was
certain purchasing was being conducted to elth
stockpile supplies. Previously, I went over several'
Jones. He indicated that he either didn't know
quantities being ordered was needed; but, all of the
signature on them. After those meetings, I saw;
requisitions, but supplies were still coming in. It b
interest of the City was not being considered. 1
revoked all purchasing authority for public utilities.
6. Another purchasing problem arose with the air coi
Finance, General Services and City Clerk. Em
Company was called in to investigate a problem w
talk to the technician or Steve Walker to ascertain v
system. Steve Walker recommended to Mr. Delorm
system. Bea placed two phone calls to try and r
Nobody contacted my secretary, who knew wheyo
urs ay. So even if they waited until Friday, a dei
Mr. Delorme took it upon himself to order a new
come from another department, both things he d1
The A/C unit that operates my office and the Cou
several occasions. We waited all day for a service
and had the system fixed — not replaced. The brs
summer and yes it was very hot in my offices. '
quoted to the other vendors in town. I was also i
called Emory Walker A/C to have them bolster th
conditioning unit was needed, something that is inaq
was needed, but the correct procedure was not fol
To the credit of Chief Tomey, he followed corre
engine, which is definitely more of an emergency
Kirk has been informed of this matter and will Oac
7. During the closing stages of the utility transfer, Publ
receivable document worth over $400,000. City off
was surprised when it appeared during the signii
Mayor Kirk. Needless to say, that could effect
account. Again, those documents may be public
a right to know what is being given out.
2
. All of the above has
ght to my attention that
:umvent the rules or to
lase requisitions with Mr.
they were, or why the
lase requisitions had his
rp drop off of purchase
e apparent that the best
we, on September 27 1
ling unit that serves the
Valker Air Conditioning
a A/C system. I did not
ie problem was with the
the City purchase a new
me, which she did not.
i could have been made.
unit and have the funds
iot have authority to do.
hambers has broken on
ion to check the system,
awn did occur during the
new A/C unit had to be
ied that City employees
intention that a new air
:)riate. Maybe a new unit
lure for his fire truck
new A/C unit. Mayor
In Mr. Delorme's file.
ities printed an accounts
did not know of this and
the final documents by
rue -up of the operating
J, but City officials have
8. Just a short note regarding some costs associated ith the $20 million bond
closing. Hartman & Associates received over $56, 000 or an engineering report
that should have cost $10,000. Minton & Co. receiv $40,000 and the bond
rating trip to New York cost over $37,000. All these co ts, and others, came out
of the bond proceeds.
JJD: nb
Enclosures
K
DOAK S. CAMPBELL, III
ATTORNEY AT LAW
70 S. E. FOURTH AVENUE
DELRAY BEACH, FLORIDA 33483
TELEPHONE
(407) 278-1890
September 22, 1995
Mr. Wayne Jones
Director of utilities
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, FL 34974
Re: Water system pressure
Dear Mr. Jones:
TELECOPIER
(407) 278-5803
I represent the owners of the Palm Village. Club House which is
served by your water plant. It is my under'ta ding that Mr. Tom
Blair has brought to your attention a problem with surging water
pressure. While normal pressure in your sys em should be 75 - 80
psi, the surges are causing pressures in excess of 200 psi. These
high pressures are causing damage to the water sprinkler system.
At this time the full extent of any damage haso no been determined,
but an engineering appraisal is being done.
The purpose of this letter is to advise y u that the property
owners intend to seek reimbursement from the City for the damages
caused by the irregular high pressure surges in your system. I
understand that this situation was brought to your attention in mid
August and no adjustment has been made.
We will be making a claim as soon as a full ev luation of damage
has been completed.
Sincerely yours,
< <:�
Doak S. Campbell, III
DSC:lb
cc: Mr. Tom Blair
„� CF OKEEC�O
• *1
City of Okeechobee
September 27, 1995
Mr. & Mrs. Trey Bennett
422 N.E. Park Street
Okeechobee, Florida 34972
Dear Trey:
As a member of the City Council and Tourist DevoeIq
thank you and your wife for the many hours of ham m
powerboat races to Okeechobee. I attended the races on
surprised at both the turnout and the quality of the event.
My wife and I both enjoyed the races and the hos
V.I.P, area. We also appreciated the fine PA announcer
informed and "pushed” the race sponsors.
Again, thank you for your time, effort; and
entertaining event to our Community.
Sinc ,
l
Dowling R.
Council, I would like to
i put into bringing the
►ay, and was pleasantly
you provided with the
r way he kept the fans
in providing such an
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 M3-**- M • Far M3-763-1686
E-3►
OIKEECHOBEE CONTRACTORS ASSOCIATION, INC.
September 26, 1995
Mayor James E. Kirk
Okeechobee City Council
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, Fl. 34974
P.O. Box 1519
Okeechobee, FL 34973-1519
Telephone:(813) 763-2442
FAX: (813) 763-3042
Re: Interlocal Agreement on Planning & Bui�ldi#g Services
Dear Mayor Kirk,
The Board of Directors of the Okeechobee Contractors
Association, Inc. would like to express our support of the County
Department of Planning and Development to continue providing
planning and construction permitting services for the citizens of
Okeechobee.
Permitting and licensing is already a. co plicated issue. We
must streamline the process, improve the services and try to solve
the existing problems. We feel the amended inte local agreement may
be the best avenue for reaching this objective.
We will continue to monitor the situa ionand hope it can be
resolved in the near future. If we can be o an assistance, please
don't hesitate to contact us.
Cordially,
Tommy Clse, President
Okeechobee Contractors Association
cc: Okeechobee Board of County Commissioners
OCA/ cf
• �11's OKQCM =
City of Okeechobee'
55 S.E. Third Avenue a Okeechobee, Florida 34974-2932 el 813/763-3372
August 22, 1995
MEMO
City Council
re: Consolidated building/planning depart
Gentlemen:
Pursuant to the council's request, I have met this date along
with Councilman Oliver, with representatives of the County, who
included Joe Crum; John Cassels; BillRoyce; George Long; and
Commissioner Abney, to discuss the Matter of continuing a
consolidated building/zoning/planning department.
The meeting was lengthy, and consisted of a frank, yet amiable
discussion among those present as to the p ob ems between the City
and County under the present system, and why it must be changed.
All agreed that regardless as to whether we maintained a
consolidated system, or each maintaine our own departments,
certain changes are necessary.
I won't go into detail as to present problems which require
that we amend our existing agreement. However, we did agree in
certain conceptual areas as to the basic framework we felt
necessary to create the consolidated depar me t. If we can reach an
agreement in principle on these major areas, we can then proceed to
work out the many details that will entail the creation of the
consolidated department.
Under the proposal, we discussed pr ma ily zoning, planning
and land use issues, as building codes an a forcemeat are not an
area of dispute. The basic elements prese to are:
1. The sole authority to interpret a
or future City comprehensive plan, LIDR'
pertaining to building, zoning and planni
by the County department, under the dire
applicant unhappy with any interpretati
should reach has the ability to appeal
adjustment, and from there, to the Cii
consists presently of two city residents c
could be expanded to consist of three of
ad enforce the existing,
s, or other City codes
ag, would be carried out
cti n of Bill Royce. An
on or decision that he
to the County board of
cuit Court. This board
f the seven, and perhaps
the seven members.
•
Memo
Page 2
August 22, 1995
2. The County board of adjustments u
land planning agency (LPA) for the C7
applications for comprehensive plan amens
evaluated and heard by this board; from
then be planed before the City Council foi
our own City Council is also our LPA. Hav:
City and County plan and LDR proposals w
continuity and co-ordination between the
This board would also accept a request fz
ask that they consider amendments to out
map, much like our current LDR committee
3. The City would provide funds to
handle and review City applications or re
County staff; act as co-ordinator betwe
these issues; conduct site plan review
City meetings relevant to such issues;
man (or woman) for the City in regards
issues in the County Department. To i
between the City and County comprehensi
are dissimilar, and to further assure in
this person would be considered a County
direction of Bill Royce. The cost of th
the figure $35,000.00 annually was used
4. All concerned agreed that while
differences in the City and County plans
amended to be the same in those areas whe
different just for the sake of being
unless there is a compelling reason others
such as set -backs should be the same for
other examples to be addressed, and .for
written with the same requirements, whet
City or County regulations, we should ch
oul
ty.
1 be designated as the
As you recall, all
is and LDR's are first
there, the matter would
final action. At present
ng one board to hear both
)uld also lend some
-it/County regulations.
om he City if we were to
r gulations or land use
is doing.
Ure a planner, who would
;ue is in conjunction with
n the City and County on
as necessary; attend all
id generally be the point
bu lding/zoning/planning
ssu a some co-ordination
e plans and codes, which
epe dense in the process,
mployee working under the
s is very tentative, but
Eor illustration.
'.here will continue to be
or codes, they should be
-e it makes no sense to be
lif erent. For instance,
ise, certain requirements
otl codes. There are many
th se areas that can be
ier we following existing
=6 them to match.
Memo
Page 3
August 22, 1995
We also discussed for some time the i
destiny of the City as it relates to our p
This concept proposed, while granting the
the autonomy to conduct the department wi
not take away from the City's tradition
comprehensive plan and LDR's as needed,
Therefore, the look and direction this Cot
may desire for City planning and land
altered; the interpretation and enforce.
would be largely out of our hands. Under
no question that the City would be del'
authority and control to the consolidated
However, the general consensus was t
as an "Okeechobee" department; not a Ci
alternative would likely be that the C�
department, except inspections and constr
This would require the hiring of the pla
equipment, and a furnishing a vehicle.
estimate the cost of this, but it would w,
City's contribution to the planner alone
The final thought by all attending
department within this rough framework
would discuss these elements prior to pro
necessary to effect the revamping of
agreement. The County indicated they wou
any time deadlines facing us in or --
either the new consolidated department,
department.
Kindest Regards,
John R. Cook
City Attorney
JRC/ rb
cc: John Drago; City Council
ssul
col
tho
Ll
an(
nci
us
nen i
the
-gat
de
3 of "control" of the
ing and zoning goals.
isolidated department
it interference, does
-ole of amending its
as we always have.
1 or future Council's
e is not materially
, of the regulations
5e proposals there is
ing a great deal of
aartment.
iat this should be viewed
:y or County entity. The
ty take back the entire
xct'on code enforcement.
.ner, plus support staff,
Th administrator could
11 exceed the cost of the
as proposed above.
wa
cot
eec
Eel
that a consolidated
d work, and that we
ng to the detail work
present inter -local
)rk with us to extend
iscuss and implement
our own independent
. 1 r. 0 0 E - 1Y
CITY OF OKEECHOBEE
NEMORANDUM
TO: Mayor and City Council DATE:
THRU: SUBJECT:
FROM: John Drago, City Administrator
At the last City Council Meeting, the Mayor asked for
personnel cost in the advent that the City had to take
function.
First, 1 would place the responsibility for that task in the
and retain the Program Coordinator's position and title
covering planning, zoning, comp plan amendments, code
the CORE program. The suggested salary of $29,000 is c
League of Cities salary survey for a similar position. Wit
cost for that position would be:
Salary $29,000
Fringe Benefits 7.500
Total $36,500
This would not cost the City any extra money because the
We received a report from the County which indicates that
County realizes approximately the following in permit fees
1993 - 93
$ 36,593.,'
1993 - 94
39,335.
1994 - 95
37,630.
Total
$113,559.
Average $ 37,853.1
ptember 14, 1995
rsonnel for City
suming Planning &
ning Department
more detail regarding
3 Building and Zoning
al Services Department
revised job description
;ement, purchasing, and
,000 short of the Florida
in mind, the personnel
is already budgeted.
a three year period, the
City activities:
With that figure in mind, there are two ways to approach the
Planning and Zoning functions. First, contract with the County
The permit holder would pay for the inspection services as r
adopted the same rate fees as the County) would realize the
offset the Program Coordinator's position. .Second, if the(pity
building inspector, that salary, according to the Florida �eag
$25,000 per year. That cost would be:
Salary $25,000
Fringe Benefits 6.700
Total $31,700
The building inspector would be basically responsible for ins
building and structures, zoning laws, approval of plans an
code enforcement functions, coordinate the CORE and VA
requirements of the Southern Standard and Building Cod,
offset his/her salary and the $4,160 budgeted for a part
reallocated toward the building inspector's position.
The key element is the ability of the City Council to accept
staff is given more authority to approve things, and the re
the City Council for approval. As the General Services I
administrative secretary's position budgeted, there would
the City for clerical support.
.re of accepting the
inspection services.
Jed. The City (if it
mit fee revenues to
ited to have its own
of Cities, would be
ons of new and existing
acifications, perform all
)grams and meet other
The permit fees would
code officer would be
mlined process where
fr would go directly to
lent presently has an
additional expense to
TO:
FROM:
r
CITY OF OKEEC
MEMORANDU
Council Members
James E. Kirk, Mayor
BEE
October 3, 1995
SUBJECT: Building & Zoning
I
I would like to offer the following compromise to Building Ik
Zoning:
1. The City will retain control of its LDR and Cor
ip Plan,
including the Future Land Use Map.
2. The County will keep the Building and Zoning
functions
that it presently does for the City.
. 3. The City will have a 3-day turn around time forplan
review.
4. The City will not oppose an increase in permit
fees
if the
County needs additional revenue.
I believe the above is beneficial to both the City and the C
unty,
and one that I feel
confident recommending to the City Council.
JEK: nb
d
d
o
ya
O
fD
vi
O
¢
c
• �
cm
A
Qi
'y►
r''
C
`�
�
C
U1
:n
CD
Vl
pleat C
C
C
n G
3
v o
C
i
CD
C
C
0
C
C
C
C
o. C
p
p 0 P_ D
ol
To
Cy
D
���a
w
a0
y w rA
�oA�
o
ACL
!9
�a A
ri =
t m
O "C
G �
y
A C NO �
o- 5 b
cam-
oa
co
° oacv p
g cb
� p p ky •
� „rp,� • k7
rrAi
rti•
`r p A• c p
cr
`K
b =' 003
°
�QQ
. w g 0
y ' 0
fD
ro = �.
.� CD ."{.
°
V
.
H
VM
I Iz
II I
.,
b
p �
O
17Qtz
A, 5 ao.
c.
`�'
o
e
v0c°nN
oo
o
o
Sy fDb�
rr
_
O
�Q
y
0OQ
O.
N
�•Q..p
V4
°`�
... ... D
f�
�}
fD
fN
M. �
CD
A
�
Qt
�
�
iAy of
CD
th CD
C. CM C
va
0.CL
y'
Vs fD
°
•
`
CD
y,�
VV�
A
y
k
111...�...���•
rA
a
o
°'
P-0,
H
0
y O
A r. fD
o' c
as CD
A Q„ CD
H �
r.
�Q
�•
C
��•
b,�►d
�-'
co
po�-Oo h
m
45
w `'�....
o
� �.arz
CD
0
C
COD C
y
C
Cl
O
O
y. &0
O' �j ow k�
S
y CL C
rA CD °•
w
C R
ao o
( (AD
CDCD
Sabo
S. d
CD fD C+
•-►
fD A
w tea: ...
C .w� ,C�
,.. y
A A
w , •a:
7C G
o ...
w•t C►
,.,
CD
A
w `a; ...
C w
-�
O
o
A
C
O fD d CD
fD o
0_
~'
C C
a'
'� CD
.,' y
O �CD
C
a.
`O CD ao03
'�'
0
��. CD
o
Q.
A. �'
O
6-1
o b_
`A''v
'd°�°'
RoG�woG
�Dad?;o
O.�
C
p.�
CA
CCD
CD
CD
w
f/~f
fA
�•
O
y M'�Y
ad�
tz
ay
o°
°o
°�
D�
Ay,
°ip;
0:0
c
rA C CD
D
CD
tz0�
0 a �?
0
o �?
don
=
9
o " nae�
�'�'�'��
wad
G;Gr
wad
a`�=-
0
ob
Ma
p°cad
W
D
= y
A
no. r
o
m
O
a a
CD
yW
CD
O
a
O
asQ
ads
G
at'n
0.0
atz
atzn
0
f
n
�°' o ►�
�
A, cD
�°:
cD
a�
�°: Qo, cD
a
o
�''�
9
g
O
`D �A
CD°Q`��
o CD CD
bdn
�
�(�
WCD
cD o M
—
CM
°�°
0'
.::
03 �
ba
no. r" c
°Q
ao
�'
o
>
cbD
E.
O
0
y
y
b
CD
a,it
5oD
b
WW
Al ry
y
�!
C+C
CD
0
v Cp• h°-A
ko
a
a
y LL
CA
`/
'y
p� M
CS
G
c
cco
a. C~°
- CD' CD CD
a
•a°c °
`�
`�
`�
�CD o-i
co
A
on coo�y
b
sm
b
o
o0-9
E.
9
n.
I C
D A C.
ca
° i
�•
�
�•
�
O
o
�� CD
c a
� CL
eP
rA
a
o
CL
co
o�d'
0 ej
co
CD
CD
�.
d
� Co (D
� '3 � °10 ta
co
so
CD
0
M IA
o
pl
oc.
CD
a
o
�o
�c:��
Do 0
ooeD
O
v,
G.
O
O
'rd 0
�a
a �' A
nCD
CD
O
n
i co
co
FAn
yn
C�
a
��c^,co
=m�A
`�`
a o
A- `�
a `�
•-a
o �, 4
o
CD
co
CD 0
CD s
CD
0-0
co
CD
co
n CD co
tz
CC
( ��
c9�
�' �
O
�-►
O
��nC
A !p .�..
? Q. •••
-.O
�O
000 C`�
C
.0�
y
0
0
~
0
0
C,
co
0 a
cm
The previous table lists various responsibilities associated i
and planning and zoning functions. The responsibilities wi
or the County, depending on the option chosen by City
clarification if the County retains involvement in code enfc
additional issues require clarification or discussion if the c
functions.
If the County retains permitting, planning and code ei
position would be created that would perform planning,
functions for activity in the City. The position would
Director, and would be a liaison between the County
Funding for the has not yet been determined, but it is po!
would be funded by the City, with overhead costs (office
the County.
witting, code enforcement
assigned to either the City
I. Several issues require
I or permitting issues, and
:tams planning and zoning
went functions, a planner
g and comprehensive plan
t to the County Planning
ity staff and City Council.
:hat the salary and benefits
and equipment) funded by
Note that although there are a number of duties and resp nsibilities associated with
planning and zoning activities, some require daily attention, some require weekly or monthly
attention, and some activities require attention maybe jusl a few times a year. However,
someone must be available regularly to review permit app 'ca ' ns for zoning consistency,
to review site plans, and to field questions from the public about planning and zoning issues.
If the County maintains planning and code enforcement
be determined include:
1. Land Development Regulations -- whether th
volume or separate regulations for the City:
2. Code Enforcement -- whether there would
whether there would be a separate or joint i
3. Land Development Regulation Amex
personnel would prepare amendments.
4. Local Planning Agency (Planning Board/Boa
If the City performs planning and zoning fum
to create a Planning Board/Board of Adjustx
also function as the Local Planning Agency.'
be joint city/county. In the County, the LPA
Adjustments and Appeals are comprised of 1
several major issues to
Id be a single, combined
County
eparate or joint staff and
Enforcement Board.
whether City or County
Adjustments and Appeals)
the City likely would need
and Appeals, which could
erwise, these boards could
nning Board and Board of
Lme people.
5. Comprehensive Plan -- whether City or County personnel would prepare
amendments. If the county assumes responsibility for the City Comprehensive
Plan, it is recommended that the future land use n ap should be reviewed and
amended to better reflect existing conditions and o better provide for future
development.
0 0 �
6. Delegation of authority for interpreting and
regulations and comprehensive plan.
If the City assumes responsibility for planning and zoni
permit applications for consistency with City land deve:
would not charge for the zoning review portion of permit
it is projected that it will cost the county about $11.60 to re
for consistency with zoning, or about $7,420 for the y
attributable to activity in the city for FY 1995-96 are proje,
balance funding construction plans examination, inspectii
total cost to the county for permitting activity in the City
with the current permit fee schedule.
City land development
,tions, including review of
�t regulations, the County
ion fees. For FY 1995-96,
tch City permit application
"otal permitting revenues
be about $51,600, with the
d permit processing. The
ected to be about $75,000
Revenues of about $7,900 are projected from other ci -rel ted planning and zoning
functions, such as fees for site plan review, rezonings, spec al exceptions, and other
miscellaneous charges. This does not include any fees that may be charged for
comprehensive plan amendments. Total revenues for planning-planning-i elated activities in the city
are thus projected to be about $15,320.
1.1