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2016-09-06No CITY OF OKEECHOBEE SEPTEMBER 6, 2016, REGULAR CITY COUNCIL MEETING AND FIRST BUDGET PUBLIC HEARING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION AGENDA TF COUNCIL ACTION - DISCUSSION - VOTE CALL TO ORDER - Mayor September 6, 2016, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES Invocation to be given by Reverend Ed Stewart, Retired of St. Stephen A.M.E. of Okeechobee Church; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel A. Chandler Council Member Mike O'Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Interim Police Chief Bob Peterson Fire Chief Herb Smith Public Works Director David Allen IV. PROCLAMATIONS AND PRESENTATIONS - Mayor A. Proclaim September 10, 2016 as "Suicide Awareness Day." Mayor Kirk called the September 6, 2016, Regular City Council Meeting to order at 6:00 P.M. PAGE 1 of 15 In the absence of Reverend Ed Stewart, Council Member Watford offered the invocation; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Additional Staff members in attendance were Finance Director India Riedel and Senior Planner Bill Brisson, LaRue Planning & Management Services, Inc. (City Planning Consultants) Mayor Kirk proclaimed September 10, 2016, as Suicide Awareness Day, presenting the document to representatives of the Suncoast Mental Health Center, Inc., and reading into the record as follows: "Whereas, Suncoast Mental Health Center seeks to increase awareness and encourage continued discussion and action regarding mental health matters, such as suicide, recognizing that greater awareness is critical; and Whereas, the total number of suicides has increased statewide from 1995 to 2014; South Florida has more suicides than murders and traffic fatalities combined, yet the stigma prevents open discussions; and Whereas, September 10th has been known as World Suicide Prevention Day since 2003 as supported by the International Association of Suicide Prevention, of which the United States is represented along with 52 other countries worldwide; and Now, Therefore, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim September 10, 2016, as `SUICIDE (CONTINUED) AGENDA SEPTEMBER 6, 2016 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 2 OF 15 COUNCIL ACTION - DISCUSSION - VOTE 7 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED A. Proclaim September 10, 2016, as "Suicide Awareness Day" continued B. Proclaim the month of September 2016 as "National Suicide Prevention and Awareness Month." V. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. AWARENESS DAY' in the City of Okeechobee, Florida and ask all citizens to observe this day by re-educating themselves about risk factors and resources, speaking up when someone they know is struggling, offering support and caring words to those around them, remembering those who have chosen to no longer be with us, and reaffirming the importance of working together to keep the community healthy." Ms. Amy Ross, Lead Therapist, and new member Mr. Bobby Keefe, offered appreciation to the Mayor and Council. Suncoast provides best -practice and research -based assessment, counseling, and supportive services to children and families in the Treasure Coast area, which includes Okeechobee County. Mayor Kirk proclaimed September as National Suicide Prevention and Awareness Month, presenting the document to Mr. John Romano, President/CEO of the New Horizons of the Treasure Coast and Okeechobee, and reading into the record as follows: "Whereas, New Horizons Mental Health, Primary Care and Substance Abuse of the Treasure Coast and Okeechobee seeks to increase awareness, encourage discussion and educate the public about actions regarding mental health matters such as suicide, recognizing that greater awareness is critical to achieving Zero Suicide, making Suicide a Never Event, and Whereas, the total number of suicides has increased statewide since 1995, with 320 people having died by suicide, and in our own region in the past four years, nine of them were teenagers, and in fact suicide is the leading cause of death for young people age 14-24 in Florida. South Florida has more suicides than murders and traffic fatalities combined, yet the stigma prevents open discourse and problem solving; and Whereas, there is a significant stigma attached to the topic of suicide; research shows that talking about suicide and encouraging people to get help does not increase the risk of suicide, rather addressing concerns, engaging the community and educating the public decreases suicide risk factors such as social isolation; and Whereas, September is National Suicide Prevention and Awareness Month and September 10th is World Suicide Prevention Day, a campaign of the United States is represented along with 52 other countries; and Whereas, we encourage the community to observe this day by re-educating themselves about risk factors and resources, speaking up when someone they know is struggling, offering support and caring words to those around them, and reaffirming the importance of working together to make the community healthy. Now, Therefore,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim September 2016 as NATIONAL SUICIDE PREVENTION AND AWARENESS MONTH." Mr. Romano thanked the Mayor and Council and invited everyone to attend the various events throughout the month to bring attention to this issue. Mayor Kirk asked whether there were any additions, deferrals, or withdrawals on today's agenda. Clerk Gamiotea requested to defer approving the August 23, 2016, Special Meeting Minutes as the City Council did not have sufficient time to review them prior to approval. o • SEPTEMBER 6, 2016 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 3 OF 15 \ AGENDA VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the July 19, 2016, Fire Assessment Workshop, the July 19, 2016, Regular Meeting, the August 16, 2016, Regular Meeting and Budget Workshop, and the August 23, 2016, Fire Assessment Special Meeting. B. Motion to correct a typographical error in the Ma Meeting Minutes, New Business Item C, Page 3 amount from $11,133.00 to $11,631.00, awarded (Exhibit attached) y 17, 2016, Regular of 4, correcting the to Stewart Signs. VII. OPEN PUBLIC HEARING FOR REZONING ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1140 by title only regarding Rezoning Petition No. 16-004-R submitted by Okeechobee Asphalt & Ready Mixed Concrete, Inc., from Residential Multiple Family to Industrial for Lot 6 and the North 40 feet of Lots 7 to 12 of Block 44, City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5 - City Planning Consultant (Exhibit 1). Planning Board recommends approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1140 by title only COUNCIL ACTION - DISCUSSION - VOTE Council Member Watford moved to dispense with the reading and approve the Summary of Council Action for the July 19, 2016, Fire Assessment Workshop, the July 19, 2016, Regular Meeting, and the August 16, 2016, Regular Meeting and Budget Workshop; seconded by Council Member Chandler. There was no discussion on this item. The August 23, 2016, minutes will be presented at the next meeting. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Council Member Ritter moved to correct a typographical error on approved May 17, 2016, Regular Meeting Minutes, New Business Item C, recorded on Pages 541 and 542 of Minute Book 19, correcting the amount from $11,133.00 to $11,631.00, awarded to Stewart Signs; seconded by Council Member Watford. There was no discussion on this item. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. MAYOR KIRK OPENED THE REZONING PUBLIC HEARING AT 6:12 P.M. Council Member Watford moved to read proposed Ordinance No. 1140 by title only, regarding Rezoning Petition No. 16-004-R submitted by Mr. Robert Gent, Registered Agent of Okeechobee Asphalt & Ready Mixed Concrete, Inc. (property owner), to rezone from Residential Multiple Family (RMF) to Industrial (IND), Lot 6, and the North 40 feet of Lots 7 through 12 of Block 44, CITY OF OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Okeechobee County Public Records. The proposed use is a maintenance storage yard; seconded by Council Member Ritter. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1140 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16-004-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDED FOR AN EFFECTIVE DATE." SEPTEMBER 6, 2016 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 4 OF 15 (� AGENDA COUNCIL ACTION - DISCUSSION -VOTE v VII. PUBLIC HEARING CONTINUED A.2.a) Motion to adopt Ordinance No. 1140. b) Public comments and discussion. c) Vote on motion. CLOSE REZONING PUBLIC HEARING - Mayor Kirk Motion and second by Council Members Chandler and O'Connor to adopt proposed Ordinance No. 1140. Mayor Kirk yielded the floor to Planner Brisson to present the item. He explained the Planning Board reviewed Petition No. 16-004-R on July 21, 2016, and found it to be consistent with the Comprehensive Plan based on the findings within the Planning Staff Report and unanimously recommended approval. The City Council adopted a Future Land Use Map Amendment on Lot 6 of Block 44 (Application No. 16-004-SSA) to IND on August 16, 2016. In order for the new owners to utilize this site, both the Future Land Use and Zoning are required to be consistent. The Planning Staff's findings were based on the following information: The proposed use is permitted under the IND Zoning District. It will not have an adverse effect on the public interest as the subject properties will be used in the same manner as the surrounding parcels. The subject properties are suitably located for IND use and reasonably compatible with land use patterns in the area and is not found to be contrary or detrimental to urbanizing land use patterns. To the North, are vacant lots with Single -Family (SF) Future Land Use and RMF Zoning; to the East, is a material storage yard for Okeechobee Asphalt & Ready Mixed Concrete Inc. with an IND Future Land Use and Zoning; to the South, is the CSX Railroad right-of-way; to the West, is a Church with a Multi -Family Future Land Use and RMF Zoning. It should not affect property values, living conditions, or be a deterrent to adjacent property. Northwest 9th Street and 9th Avenue will serve as spatial buffers to the Church properties to the West and Northwest and to the vacant residentially zoned property to the North. Fencing and visual screening would be expected to be provided along street frontages to reduce any possible impact, nuisance, or hazard to the neighborhood. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. It should not create traffic congestion, flooding or drainage problems, or otherwise affect public safety, and has not been inordinately burdened by any unnecessary restrictions. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Planner Brisson confirmed this will not take effect until Future Land Use Application No. 16-004-SSA (Ordinance No. 1139) does. City Clerk Gamiotea reported notices were mailed to surrounding property owners with the signs posted on the property and notices in the local newspaper. No objections or comments have been received to date. Project Engineer Steve Dobbs was present on behalf of the applicant. VOTE: KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE REZONING PUBLIC HEARING AT 6:19 P.M. SEPTEMBER 6, 2016 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 5 OF 15 AGENDA VIII. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1141 by title only and set September 20, 2016, as a final Public Hearing date, amending and restating the City of Okeechobee and Okeechobee Utility Authority Employees Retirement System - City Attorney (Exhibit 2) b) Vote on motion to read by title only and set final Public Hearing date. c) City Attorney to read proposed Ordinance No. 1141 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1141 b) Public comments and discussion. c) Vote on motion to approve first reading of proposed Ordinance No. 1141. B. Motion to approve an Inter -local Agreement between Okeechobee Utility Authority and the City of Okeechobee to apportion accrued retirement benefits into their respective retirement plans - City Attorney (Exhibit 3), COUNCIL ACTION - DISCUSSION — VOTE Council Member Watford moved to read proposed Ordinance No. 1141 by title only, and set September 20, 2016, as a final Public Hearing date, amending and restating the City of Okeechobee and Okeechobee Utility Authority (OUA) Employees Retirement System; seconded by Council Member Ritter. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1141 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 1053, AS SUBSEQUENTLY AMENDED; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." Motion and second by Council Members O'Connor and Ritter to approve the first reading of proposed Ordinance No. 1141. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Council Member Watford received confirmation from Administrator MontesDeOca that there are no other changes being made except for striking out all reference to the OUA. Council Member Watford asked whether the OUA will be responsible for the added expenses; Administrator MontesDeOca replied yes, in a separate agreement that is also being presented tonight. The Ordinance was prepared by Pension Attorney Christiansen, as instructed by the City General/OUA Employees Board of Trustees. The Actuary Impact Statement was requested but not received to date. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Council Member Watford moved to approve an Inter -local Agreement with the OUA to apportion accrued retirement benefits into their respective retirement plans; seconded by Council Member Chandler. The purpose of the agreement is to establish how the funds within the combined pension plan will be divided upon Ordinance No. 1141 becoming effective. Prior to the requirement of Governmental Accounting Standards Board (GASB) Statement No. 68, the assets and liabilities were not separated by entity. AGENDA SEPTEMBER 6, 2016 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 6 OF 15 Vill. NEW BUSINESS CONTINUED B. Motion to approve an Inter -local Agreement between Okeechobee Utility Authority and the City of Okeechobee to apportion accrued retirement benefits into their respective retirement plans continued. C. Consider a Temporary Street Closing Application submitted by The Warrior Center to close SW 2nd, 3rd, and 4th Avenues between NW Park Street and SW Park Street on September 17, 2016 from 8:00 a.m. to 8:00 p.m. for Veteran Appreciation Day - City Administrator (Exhibit 4). D. Consider a recommendation by the Code Enforcement Board to proceed with foreclosure on abandoned property located at 1002 SW 6th Avenue - Fire Chief Smith (Exhibit 5). COUNCIL ACTION - DISCUSSION - VOTE Based on information supplied by the Actuary at the April 19, 2016, meeting, as of December 2, 2015, the City's accrued liability is $3,462,570.00 and valuation assets are $3,854,813.00. The OUA's accrued liability is $7,018,472.00 and valuation assets are $5,698,626.00, which equals to a separation of 40 percent for the City and 60 percent for the OUA. The OUA has conveyed to Administrator MontesDeOca they are in agreement to the apportionment. This Agreement authorizes the OUA to withdraw their 60 percent portion of accrued benefits through September 30, 2015, and only 80 percent of their 60 percent for October 1, 2015, through September 30, 2016. The purpose of the 20 percent retention is to determine whether the fund's investment strategy yield gains or losses to the account, determine costs associated with servicing the fund, or determine other variables that may affect how the remaining funds are distributed. Upon conclusion of the FY 2015-16 audit and actuary reports, should there be no investment losses in the funds, the 20 percent retention held by the City will be transferred to the OUA. On the other hand, should the audit and actuary reports indicate losses, the retention held by the City will be applied against the losses and any remainder will be distributed to the OUA. Council Member Watford asked Attorney Cook, Administrator MontesDeOca, and Finance Director Riedel individually whether they were absolutely certain the percentages are correct and that the City is getting its fair share of the funds. Each stated yes, based on the audit and actuary reports. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Council Member Watford moved to approve a Temporary Street Closing Application submitted by The Warrior Center to close Southwest 2nd, 3rd, and 4th Avenues between North and South Park Streets on September 17, 2016, from 8:00 A.M. to 8:00 P.M., for a Veteran's Appreciation Day; seconded by Council Member Chandler. There was a brief discussion on this item. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Council Member Chandler moved to authorize Staff to proceed with foreclosure proceedings based on the recommendation of the Code Enforcement Board for Case No. 15-010, (Lots 2 and 3 of Block 247, FIRST ADDITION TO CITY OF OKEECHOBEE, Plat Books 1, Pages 11, Okeechobee County Public Records) located at 1002 Southwest 6th Avenue, as presented; seconded by Council Member O'Connor. CCDTCIIIIDCD 1Z ')A4R _ D,^ii .. IIAo r....,- n....,..._ n.._.._ I I lm AGENDA --• •-•••--- -I --..... .­_ .1 ... nw a I IRJI vuVVCI r VDLIV IICHKINU - I"H13t / Vr I COUNCIL ACTION - DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED D. Consider a recommendation by the Code Enforcement Board to The property owner, Crystal 1, LLC, was cited as being in violation of Code Sections 30-43 Public Nuisances and proceed with foreclosure on abandoned property located at 1002 SW 30-44 General Cleaning and Beautification. Notices were sent on December 11, 2014, February 13, 2015, March 6th Avenue continued. 20, 2015, and July 19, 2016. On April 14, 2015, the Code Enforcement Board imposed a fine of $15.00 per day, which continues to date, and has an accrued total of $7,290.00 as of September 1, 2016 (Lien filed in Official Records Book 761, Page 72, Okeechobee County). After a brief discussion, Council Member Chandler inquired to the possibility of adopting a resolution or policy that provides for demolishing abandoned structures within a certain time frame. Attorney Cook Administrator MontesDeOca, and Fire Chief Smith were instructed to gather information on this and bring it back to Council for further review. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. E. Motion to approve a Memorandum of Agreement with the Department of Council Member Watford moved to approve a Memorandum of Agreement (MOA) with the Department of Economic Economic Opportunity detailing the terms and conditions of the Opportunity (DEO) detailing the terms and conditions of the re -designation of the South Central Rural Area of re -designation of the South Central Rural Area of Opportunity - City Opportunity; seconded by Council Member Ritter. Administrator (Exhibit 6). The purpose of this MOA implementing the Rural Area of Opportunity (RAO), formerly the Rural Area of Critical Economic Concern (RACEC), is to recognize rural communities who face extraordinary challenges in their efforts to significantly improve their economies. Florida Statute 288.0656 establishes the Rural Economic Development Initiative (REDI), and authorizes participation. RAO's are rural communities that have been adversely affected by extraordinary economic events, severe or chronic distress, a natural disaster, or an event that presents a unique economic development opportunity of regional impact. REDI met on February 19, 2016, and recommended the re -designation of the South Central region composed of DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee counties, the cities of Belle Glade, Pahokee, and South Bay in Palm Beach County, and the area around Immokalee included within the Round II Federal Rural Enterprise Community located in Northeast Collier County as a RAO. Executive Order 16-150 re -designated the area for another five-year term with an expiration date of June 27, 2021, The City's responsibilities are: designate a City elected official as the point of contact in all matters and activities; designate a person from a Non -Profit Organization actively engaged in Economic Development within the City, to serve as the point of contact to represent and provide input on all matters and activities relating to the South Central RAO; inform the DEO in writing by either mail or email of any changes to the specified persons within 10 business days of the change; and ensure one or both of the designated representatives participate in at least two economic development training events offered by various organizations during the term of this MOA. AGENDA SEPTEMBER 6, 2016 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 8 OF 15 13 VIII. NEW BUSINESS CONTINUED E. Motion to approve a Memorandum of Agreement with the Department of Economic Opportunity detailing the terms and conditions of the re -designation of the South Central Rural Area of Opportunity continued. F. Discussion pertaining to the alley from Northeast 5th Avenue to Northeast 6th Avenue - Niki Salmon, Jerry Campbell COUNCIL ACTION - DISCUSSION - VOTE The City is also responsible for ensuring one or both of the designated representatives work closely with the designated County point of contact to gather information on available buildings and sites for inclusion in statewide and regional databases as well as provide the DEO with an overview and timeline of the City permitting process, plan approval and business licensing requirements within 180 days of the execution of this MOA. The Council appointed Council Member Ritter as the elected official and Mr. John Gurney, Director of the Business Development Board of the Chamber of Commerce as the individual from a Non -Profit Economic Development Organization. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Ms. Niki Salmon, owner of Rustic Style and Cabins, Remington Real Estate and Complete Services, located at 505 NE Park Street, (Legal description: Lot 10 of Block 150, CITY OF OKEECHOBEE, Plat Book 1, Page 10, Okeechobee County Public Records), distributed notebooks containing copies of public records to the Mayor, Council, Attorney Cook, and Administrator MontesDeOca. The Table of Contents listed these documents to be as follows: 1. City Players; 2. Application to Council Meeting; 3. Introduction; 4. Okeechobee Company History; 5. Hamrick Trust History; 6. Recorded Alley Use Agreement; 7. Request for Amendment Alley Use Agreement 5/11 /16; 8. Unimproved Site Plan; 9. Notice of Commencement 4/14/16; 10. Marcos survey green highlights; 11. Proposed Access per Mario; 12. Site Plan I; 13. Sample Application of Abandonment; 14. DOT vs. Hamrick Trust/City of Okeechobee 2015; 15. City of Daytona vs Tuttle; 16. Brickell vs. Ft. Lauderdale; 17. 46-1 City Code; 18. ESC Report; 19. Purchase Agreement 4/29/15; 20. Maastricht response to contingencies; 21. Alley Use Agreement forthcoming STILL; 22. Technical Review Committee (TRC) 11/19/15 with following conditions. A complete copy was submitted and made part of the official permanent record. Ms. Salmon explained Luihn Four, Inc. is developing the vacant property, located immediately West and Northwest to her location, with a Taco Bell restaurant (Lots 4 through 9 of Block 150). There is an East/West alley within the Block; Lots 1 through 6 are located on the North half and Lots 7 through 12 are located South of it. Through contact with Luihn Four's Project Manager, she became aware that they obtained a Use of Alley Agreement with the City. The Agreement is for use of the portion of the alley that divides their property (Lots 4 through 6 are on the north half and Lots 7 through 9 are on the South half), this is also the West -end of the alley. It was recorded on May 12, 2016, in Official Records Book 774, Page 1706, Okeechobee County Public Records. The Agreement reads in paragraph 4 "That OWNER shall not, by such improvements made to that described alleyway, obstruct, close or otherwise restrict access to the alleyway for travel thereon by the CITY or the general public." 14 SEPTEMBER 6, 2016 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 9 of 15 '} AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED F. Discussion pertaining to the alley from Northeast 5th Avenue to Northeast 6th Avenue continued. IX. OPEN FIRST READING OF BUDGET ORDINANCES — Mayor A. Mayor announces that the purpose of this Public Hearing is to consider the first reading of ordinances for the proposed Millage Rate levy and proposed Budget for Fiscal Year 2016-17. However, in her opinion, they are obstructing the alley as based on the Site Plan approved by the TRC on November 19, 2015; Curbing, landscaping, and parking spaces will be located within the portion of the alley between Lots 4 through 6 and Lots 7 through 9. Ms. Salmon explained the alley is used for inventory deliveries and customer order pickups for her furniture store, that blocking the West -end of the alley is an infringement on her rights, and will cause harm to her business. She further reviewed a time line regarding visits to City Hall, and phone calls made or emails to City Elected Officials and Staff, OUA Executive Director John Hayford, and Luihn Four's Project Managers to resolve the issue. Mr. Jerry Campbell (owner of Lot 10) also met with City Staff in an attempt to resolve the matter. Ms. Salmon stated she has been guaranteed by the Administrator that this will not become an issue, and now it has. Attorney Cook advised the Mayor and Council that Ms. Salmon has supplied within her handout, a list of Attorneys she has contacted on this issue, and a large public records request was made to the Clerk's Office on September 1, 2016, by Attorney Katie Edwards of Arnstein & Lehr. He spoke with Ms. Edwards on September 2, 2016, asking her to narrow the request and gave her some history regarding this issue and the Hamrick Trust. Ms. Edwards should have the revised request by September 9, 2016. Therefore, his legal advice is that the City Council not discuss this issue at this time, due to the threat of litigation. Council Members Watford and Ritter respectfully disagreed, voicing their concerns that the problem has gone on for too long and continues to fester. Council Member Chandler and Mayor Kirk expressed their concern to heed the Attorney's advice and allow time for them to become more familiar with the issue. Council Member O'Connor interjected it needed to get resolved quickly. No official action was taken on this item. Mayor Kirk stated he would meet with Attorney Cook and Administrator MontesDeOca and encouraged the Council to do the same individually. All parties stated their willingness to resolve the issue without having to involve litigation. MAYOR KIRK CALLED FOR A RECESS AT 7:12 P.M.; THE MEETING WAS RECONVENED AT 7:19 P.M. MAYOR KIRK OPENED THE FIRST BUDGET PUBLIC HEARING AT 7:19 P.M. Mayor Kirk announced that the purpose of this Public Hearing is to consider the first reading of ordinances for the proposed Millage Rate levy and proposed Budget for Fiscal Year (FY) 2016-17. AGENDA SEPTEMBER 6, 2016 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 10 OF 15 COUNCIL ACTION - DISCUSSION - VOTE 15 IX. FIRST BUDGET PUBLIC HEARING CONTINUED B. Mayor announces that the proposed Millage Rate levy represents 4.28 percent less than the roll -back rate computed pursuant to Florida Statute 200.065(1). C.1.a) Motion to read proposed Ordinance No. 1142 by title only, and set September 20, 2016, as a final Public Hearing date, levying a Millage Rate of 7.4932 for FY 2016-17 - City Attorney (Exhibit 7). b) Vote on motion to read by title only and set final Public Hearing date. c) City Attorney to read proposed Ordinance No. 1142 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1142 b) Public comments and discussion. Mayor Kirk announced that the proposed Millage Rate levy represents a 4.28 percent less than the roll -back rate computed pursuant to Florida Statute 200.065(1). Council Member Watford moved to read proposed Ordinance No. 1142 by title only, and set September 20, 2016, as a final Public Hearing date, levying a Millage Rate of 7.4932 for FY 2016-17; seconded by Council Member O'Connor. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. City Attorney Cook read proposed Ordinance No. 1142 by title only as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, ADOPTING A MILLAGE RATE TO BE LEVIED ON ALL REAL AND TANGIBLE PERSONAL PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017; PROVIDING THAT 7.4932 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 7.4932 VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES; THAT SAID MILLAGE RATE IS 4.28 PERCENT (4.28%) LESS THAN THE ROLL -BACK RATE COMPUTED IN ACCORDANCE WITH FLORIDA STATUTE 200.065 (1); PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Chandler and Ritter to approve the first reading of proposed Ordinance No. 1142. Mayor Kirk asked whether there were any questions or comments from the public. There were none. The Millage Rate presented is one-half percent lower than FY 2015-16. This rate was considered with the idea that the Fire Assessment would be adopted. However, it was not. Council Member Watford moved to amend the motion on the floor to approve the first reading of proposed Ordinance No. 1142, by amending the Millage Rate from 7.4932 to 7.9932 (same as current FY); seconded by Council Member Ritter. It was explained and the City Council agreed, this also revises the language within the ordinance to read the Millage Rate is 2.11 percent more than the roll -back rate (of 7.8283). VOTE ON MOTION TO AMEND: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION TO AMEND CARRIED. 16 SEPTEMBER 6.2016 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 11 OF 15 AGENDA IX. FIRST BUDGET PUBLIC HEARING CONTINUED C.2.b) Public comments and discussion continued. c) Vote on motion. D.1.a) Motion to read proposed Ordinance No. 1143 by title only, and set September 20, 2016, as a final Public Hearing date, adopting an annual Budget for FY 2016-17 - City Attorney (Exhibit 8). b) Vote on motion to read by title only and set final Public Hearing date. c) City Attorney to read proposed Ordinance No. 1143 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1143. b) Public comments and discussion. COUNCIL ACTION - DISCUSSION - VOTE There being no further discussion, Mayor Kirk called for a vote. VOTE ON MOTION AS AMENDED: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED AS AMENDED. Council Member Watford moved to read proposed Ordinance No. 1143 by title only, and set September 20, 2016, as a final Public Hearing date, adopting an annual Budget for FY 2016-17; seconded by Council Member Ritter. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. City Attorney to read proposed Ordinance No. 1143 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016, AND ENDING SEPTEMBER 30, 2017, WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $8,903,681.00, TRANSFERS -IN OF $1,230,253.00, AND EXPENDITURES OF $6,342,774.00, LEAVING A FUND BALANCE OF $3,791,160.00; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $1,323,926.00, EXPENDITURES OF $712,800.00 AND TRANSFERS -OUT OF $350,000.00, LEAVING A FUND BALANCE OF $261,126.00; OTHER GRANTS FUND REVENUES OF $743,480.00, TRANSFERS -IN OF $16,020.00, AND EXPENDITURES OF $759,500.00, LEAVING A FUND BALANCE OF $0.00; CAPITAL IMPROVEMENT PROJECTS FUND REVENUES OF $5,372,985.00, EXPENDITURES OF $1,180,865.00, AND TRANSFERS -OUT OF $896,273.00, LEAVING A FUND BALANCE OF $3,295,847.00; LAW ENFORCEMENT SPECIAL FUND REVENUES OF $4,861.00, AND EXPENDITURES OF $1,750.00, LEAVING A FUND BALANCE OF $3,111.00; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE." Motion and second by Council Members Watford and Ritter to approve the first reading of proposed Ordinance No. 1143. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Due to the amendment to the Millage Rate, the revenue amounts need to be amended. Mayor Kirk offered for the City Council to reconsider cost of living salary adjustments (COLA). Discussion ensued. SEPTEMBER 6.2016 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 12 OF 15 17 11 AGENDA 11 COUNCIL ACTION - DISCUSSION - VOTE 11 IX. FIRST BUDGET PUBLIC HEARING CONTINUED D.2.b) Public comments and discussion on proposed Ordinance No. 1143 continued. Council Member Watford moved to amend the motion on the floor to approve the first reading of Ordinance No.1143 to include revenue amounts adjusted to reflect the amended Millage Rate; include with the General Fund Expenditures, salary adjustments for full and part-time employees (including City Clerk, City Attorney, and City Administrator positions) to include a 1.5 percent COLA; and remove any estimated revenues and/or projected expenditures related to implementing the Fire Assessment; seconded by Council Member Ritter. VOTE ON MOTION TO AMEND: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION TO AMEND CARRIED. The amounts reflected below include the amendments just approved. The title language will be adjusted accordingly. Discussion pertaining to the specific department or fund is listed with each. The General Fund Budget Summary lists the beginning Fund Balance of $3,971,869.00 (including $180,709.00 roll forward from prior FY); revenues projected consist of Ad Valorem Taxes $1,914,819.00; Other Fees (utility taxes, fire and casualty insurance premium taxes, public service fees, and business tax receipts) $682,600.00; Intergovernmental Revenues (cigarette, alcoholic beverages, half and one -cent, County business tax receipt, communication taxes, firefighters supplement, and mobile home licenses) $1,431,235.00; Charges for Current Services (fees for building and inspection permits, LDR applications and petitions, franchises, plan reviews, street/alley closings, public records request, and residential solid waste collection) $969,145.00; Fines, Forfeitures and Penalties (court fines, radio communication fees, law enforcement education, investigation reimbursement, unclaimed evidence, and ordinance violation fines) $14,770.00; Uses of Money and Property (interest, investment earning, and surplus property) $1,000.00; Other (small grants, FDOT maintenance agreements, miscellaneous, code enforcement fines, police accident reports, and capital lease proceeds) $37,946.00; Transferred -In from the Public Facilities Improvement Fund $350,000.00 and from the Capital Improvement Projects Fund $760,550.00. The expenditures for each department are listed below: Proposed Budget for General Fund/ Total Personnel Cost: $ 93,650.00 511-Legislative/City Council Total Supplies and Other Services: $ 89,449.00 (pages 4-5) FY 2016/2017 Proposed Total: $ 183,099.00 FY 2015/2016 Amended Budgeted Total: $ 147,284.00 Difference: $ 35,815.00 The consensus of the Council was for the Administrator to obtain final approval by the City Council prior to soliciting proposals regarding the annexation study. This budget includes contributions of $8,940.00 to Shared Services and $10,000.00 to the Chamber for Economic Development. • SEPTEMBER 6, 2016 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 13 OF 15 AGENDA IX. FIRST BUDGET PUBLIC HEARING CONTINUED D.2.b) Public comments and discussion on proposed Ordinance No. 1143 continued. COUNCIL ACTION - DISCUSSION - VOTE Proposed Budget for General Fund/ 512 Executive/Administration (pages 6-7) Proposed Budget for General Fund/ 2512-Executive/City Clerk (pages 8-9) Total Personnel Cost: $ 168,568.00 Total Supplies and Other Services: $ 26,773.00 FY 2016/2017 Proposed Total: $ 195,341.00 FY 2015/2016 Amended Budgeted Total: $ 189,283.00 Difference: $ 6,058.00 Total Personnel Cost: $ 148,469.00 Total Supplies and Other Services: $ 67,701.00 FY 2016/2017 Proposed Total $ 216,170.00 FY 2015/2016 Amended Budgeted Total: $ 234,441.00 Difference: ($ 18,271.00) Includes removal of one part-time Office Assistant temporarily hired during the Centennial. Proposed Budget for General Fund/ FY 2016/2017 Proposed Total $ 75,710.00 514-Legal Services FY 2015/2016 Amended Budgeted Total: $ 75,697.00 (page 10) Difference: $ 13.00 Proposed Budget for General Fund/ Total Personnel Cost: $ 195,708.00 513-Finance Total Supplies and Other Services: $ 98,108.00 (pages 11-12) FY 2016/2017 Proposed Total $ 293,816.00 FY 2015/2016 Amended Budgeted Total: $ 307,369.00 Difference: ($ 13,553.00) The consensus of the Council was for the Administrator to obtain final approval by the City Council prior to the creating the part-time IT personnel position. Proposed Budget for General Fund/ 519-General Services (pages 13-14) Proposed Budget for General Fund/ 521-Police Department (pages 15-16) Total Personnel Cost: $ 100,268.00 Total Supplies and Other Services: $ 267,784.00 FY 2016/2017 Proposed Total $ 368,052.00 FY 2015/2016 Amended Budgeted Total: $ 386,799.00 Difference: ($ 18,747.00) Total Personnel Cost: $ 1,915,339.00 Total Supplies and Other Services: $ 326,679.00 FY 2016/2017 Proposed Total $ 2,242,018.00 FY 2015/2016 Budgeted Total: $ 2,203,767.00 Difference: $ 38,251.00 SEPTEMBER 6.2016 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 14 OF 15 Wt II AGENDA II COUNCIL ACTION - DISCUSSION —VOTE II IX. FIRST BUDGET PUBLIC HEARING CONTINUED D.2.b) Public comments and discussion on proposed Ordinance No. 1143 continued. Discussion on 521-Police Department Budget continued: Includes base pay increases to the Police Services Coordinator and Records Clerk by $1,000.00; replacing an air conditioning unit; replacing office equipment and/or furniture due to the remodeling caused by the re -location of dispatch to the County Emergency Operations Center facility. Proposed Budget for General Fund/ 522-Fire Department (pages 17-18) Includes hiring a fifth full-time Dispatcher. Proposed Budget for General Fund/ 541-Public Works (pages19-20) Total Personnel Cost: $ 1,371,897.00 Total Supplies and Other Services: $ 200,372.00 FY 201612017 Proposed Total $ 1,572,269.00 FY 2015/2016 Budgeted Total: $ 1,483,873.00 Difference: $ 88,396.00 Total Personnel Cost: $ 697,576.00 Total Supplies and Other Services: $ 534,895.00 FY 2016/2017 Proposed Total $ 1,232,471.00 FY 2015/2016 Budgeted Total: $ 1,181,711.00 Difference: $ 50,760.00 Includes upgrades to lighting in the Veteran's Park (PARK E of FLAGLER PARK). The consensus of the Council was for Director Allen to obtain final approval from the City Council prior to creating the part-time Office Assistant, and changes to facility offices. Public Facility Improvement (Transportation 301) Fund: Beginning Fund Balance of $658,676.00; Total Revenue Estimates of $665,250.00; Total Expenditures Projected of $712,800.00 (plus $350,000.00 to be Transferred -Out to General Fund); leaving a Fund Balance of $261,126.00. Mayor Kirk advised that a representative from the Florida League of Cities would be contacting the City regarding street sweeping options and requested Staff look at the proposals. The consensus of the Council was for the Administrator and Public Works Director to obtain final approval from the City Council prior to bidding the purchase of a street sweeper. Capital Improvements Projects (304) Fund: Beginning Fund Balance is $5,129,685.00; Total Revenues Estimates of $243,300.00; Total Projected Expenditures are $1,180,865.00.00, (plus $16,020.00 transferred -out to Other Grants Fund, and $796,722.00 transferred -out to General Fund); leaving a Fund Balance $3,379,378.00. 20 SEPTEMBER 6, 2016 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 15 OF 15 11 AGENDA 11 COUNCIL ACTION - DISCUSSION — VOTE 11 IX. FIRST BUDGET PUBLIC HEARING CONTINUED D.2.b) Public comments and discussion on proposed Ordinance No. 1143 continued. c) Vote on motion. CLOSE PUBLIC HEARING FOR FIRST READING OF BUDGET - Mayor X. ADJOURNMENT - Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may net nsure that a verbatim record of the proceeding is made, which record includes the testimony and evidence ypon which t appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the CO. ATTEST: James E. Kirk, Mayor Lane Ga iotea, CMC, City Clerk The consensus of the Council was for the proposed expenditures such as the phone system upgrade and cablin replacing entrance doors at City Hall; computers for the proposed new part-time employees� office furniture desks cabinets and painting in Administration; new Fire Engine; and facility addition improvements at Public Works, be carefullv reviewed and reconsidered, and to ensure Citv Council's approval prior to the expenditures being made or Ie Other Grant (302) Funds: Beginning Fund Balance is $339,642.00; TMDL Grant Revenue $403,838.00; Transfer -In from Capital Improvement Projects Fund, $16,020.00; Total Projected Expenditures of $759,500.00; leaving a Fund Balance of $0.00. Appropriations Grant (307) Fund and FDOT Grant (308) Fund will be finalized within the current FY; the projections are zero for these funds. Law Enforcement Special (601) Fund: Beginning Fund Balance of $4,361.00; Total Estimated Revenues of $500.00; Total Projected Expenditures as $1,750.00; leaving a Fund Balance of $3,111.00. VOTE ON MOTION AS AMENDED: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED As AMENDED. MAYOR KIRK CLOSED THE FIRST BUDGET PUBLIC HEARING AT 7:44 P.M. There being no further discussion, nor items on the agenda, Mayor Kirk adjourned the meeting at 7:44 P.M. The next Regular Meeting and Final Budget Hearing will be September 20, 2016. INDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a_f in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of W131 / ( 6 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to ands bscribed before me this day of U6, AD Notary Public, Sate of Florida at Large o:Y'Yo ANGIE BRIDGES W COMMISSION # FF 976149 EXPIRES:ApA 20, 2020 'FpF Fro"' Bonded Thm Notary Pudic UWw*Abra �4,4. mark-� Okee h`o'bee� w I 107 SW 1 Str�9t' Sut� I7-0 s6 4 Okeechobee; [`Florida 34974 863 V\(; 'k1 34 FIRST BUDGET HEARING AND REGULAR CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the Crty Coundl will conduct a Reg Meeting beginningy at 6:00 p.m. on Tue., Sep. 6, 2016, or as thereafter as ppoosssible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeecho Florida. The Flrst Public Hearing m wnsider the proposed 2016/2017 cal Year Annual Budget will be wnducted at this meeting. The public t vited and encou299ed to attend. Contact City Administration 863-763-3372, or website, cityofokeechobee.com, to obtain a copy of a>d, 1Y PERSON DECIDING TO APPEAL arty decision made by the Clty until with respect to arty matter considered at this meeting I need to sure a verbatim record of the proceeding is made and the record Includes a testimony and evidence upon which the cup al will be based. In accor- nce with the Americans with Disabildes A (ADA), any person with a ability as defined by the ADA, that needs special accommodation to par - pate in this proceeding, contact the Cdy Qerk's Office no later than two siness days prior to proceeding, 863-763-3372. ADVISED that should you intend to show any document, picture, video items to the Coundl in support or opposition to any item on the agenda, by of the document, picture, video, or item MUST be provided to the y perk for the CWs records. I41 Mayor 8/31/20 6 CITY OF OKEECHOBEE 55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974 SEPTEMBER 6, 2016 REGULAR CITY COUNCIL MEETING AND FIRST BUDGET HEARING OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER — Mayor: September 6, 2016, City Council Regular Meeting and First Budget Hearing, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Retired Pastor Ed Stewart, New St. Stephens; Pledge of Allegiance led by Mayor III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel Chandler Council Member Mike O'Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. Administrator Marcos Montes De Oca Attorney John R. Cook Clerk Lane Gamiotea Deputy Clerk Bobbie Jenkins Fire Chief Herb Smith Interim Police Chief Bob Peterson Public Works Director David Allen Finance Director India Riedel IV, PRESENTATIONS AND PROCLAMATIONS - Mayor A. Proclaim September 10, 2016 as "Suicide Awareness Day." B. Proclaim the month of September 2016 as "National Suicide Prevention and Awareness Month." September 6, 2016 PAGE 2 of 4 V. AGENDA — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the July 19, 2016 Fire Assessment Workshop, the July 19, 2016 Regular Meeting, the August 16, 2016 Regular Meeting and Budget Workshop, and the August 23, 2016 Fire Assessment Special Meeting. B. Motion to correct a typographical error in the May 17, 2016 Regular Meeting Minutes, New Business Item C, Page 3 of 4, correcting the amount from $11,133.00 to $11,631.00, awarded to Stewart Signs. (Exhibit attached) VII. OPEN PUBLIC HEARING FOR REZONING ORDINANCE ADOPTION — Mayor A.1.a) Motion to read proposed Ordinance No. 1140 by title only regarding Rezoning Petition No. 16-004-R submitted by Okeechobee Asphalt & Ready Mixed Concrete, Inc., from Residential Multiple Family to Industrial for Lot 6 and the North 40 feet of Lots 7 to 12 of Block 44, City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5 - City Planning Consultant (Exhibit 1). Planning Board recommends approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1140 by title only. 2.a) Motion to adopt Ordinance No. 1140. b) Public comments and discussion. c) Vote on motion. CLOSE REZONING PUBLIC HEARING - Mayor Vill. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1141 by title only and set September 20, 2016 as a final public hearing date, amending and restating the City of Okeechobee and Okeechobee Utility Authority Employees Retirement System — City Attorney (Exhibit 2) b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1141 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1141. b) Public comments and discussion. September 6, 2016 PACE 3 of 4 VIII. NEW BUSINESS CONTINUED A.2.c) Vote on motion. B. Motion to approve an Interlocal Agreement between Okeechobee Utility Authority and the City of Okeechobee to apportion accrued retirement benefits into their respective retirement plans — City Attorney (Exhibit 3). C. Consider a Temporary Street Closing Application submitted by The Warrior Center to close SW 2nd, 3rd, and 41h Avenues between NW Park Street and SW Park Street on September 17, 2016 from 8:00 a.m. to 8:00 p.m. for Veteran Appreciation Day — City Administrator (Exhibit 4). D. Consider a recommendation by the Code Enforcement Board to proceed with foreclosure on abandoned property located at 1002 SW 6th Avenue — Fire Chief Smith (Exhibit 5). E. Motion to approve a Memorandum of Agreement with the Department of Economic Opportunity detailing the terms and conditions of the re -designation of the South Central Rural Area of Opportunity — City Administrator (Exhibit 6). F. Discussion pertaining to the alley from NW 5th Avenue to NW 6th Avenue — Niki Salmon, Jerry Campbell IX. OPEN PUBLIC HEARING FOR FIRST READING OF BUDGET ORDINANCES — Mayor A. Mayor announces that the purpose of this public hearing is to consider the first reading of ordinances for the proposed millage rate levy and proposed budget for fiscal year 2016-2017. B. Mayor announces that the proposed millage rate levy represents 4.28% less than the roll back rate computed pursuant to F.S.200.065 (1). C.1.a) Motion to read proposed Ordinance No.1142 by title only and set September 20, 2016 as a final public hearing date, levying a millage rate of 7.4932 for FY 2016/17 — City Attorney (Exhibit 7). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1142 by title only. September 6, 2016 PAGE 4 OF 4 IX. PUBLIC HEARING FOR FIRST READING OF BUDGET ORDINANCES CONTINUED — Mayor C.2.a) Motion to approve the first reading of proposed Ordinance No. 1142. b) Public comments and discussion. c) Vote on motion. D.1.a) Motion to read proposed Ordinance No. 1143 by title only and set September 20, 2016 as a final public hearing date, adopting an annual budget for FY 2016-17 — City Attorney (Exhibit 8). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No.1143 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1143, b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING FOR FIRST READING OF BUDGET ORDINANCES — Mayor X. ADJOURN MEETING - Mayor PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. City of Okeechobee, Sept tuber 6, 2016 meeting Minutes taken duringihe meeting by L. Gamiotea CALL TO ORDER: Mayor Kirk called the Regular City Council Meeting to order on September 6, 2016, at 6:00 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. II. OPENING CEREMONIES: The invocation was given by Reverend Church; the Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Present Council Member Noel Chandler Present Council Member Mike O'Connor Present Council Member Gary Ritter Present Council Member Dowling R. Watford, Jr. Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Interim Police Chief Robert Peterson Present Fire Chief Herb Smith Present Public Works Director David Allen Present Finance Director India Riedel Present IV. PRESENTATIONS AND PROCLAMATIONS — Mayor A. Proclaim September 10, 2016 as "Suicide Awareness Day." Mayor Kirk proclaimed September 10, 2016, as Suicide Awareness Day, presenting the document to representatives of the Suncoast Mental Health Center, Inc., and reading into the follows: "Whereas, Suncoast Mental Health Center seeks to increase awareness and encourage continued discussion and action regarding mental health matters, such as suicide, recognizing that greater awareness is critical; and Whereas, the total number of suicides has increased statewide from 1995 to 2014; South Florida has more suicides than murders and traffic fatalities combined, yet the stigma prevents open discussions; and Whereas, September 10th has been known as World Suicide Prevention Day since 2003 as supported by the International Association of Suicide Prevention, of which the United States is represented along with 52 other countries worldwide; and Now, Therefore, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim September 10, 2016, as "SUICIDE AWARENESS DAY' in the City of Okeechobee, Florida and ask all citizens to observe this day by re- educating themselves about risk factors and resources, speaking up when someone they know is struggling, offering support and caring words to those around them, remembering those who have chosen to no longer be with us, and reaffirming the importance of working together to keep the community healthy." Ms. Amy Ross, Lead Therapist offered appreciation to the Mayor and Council. Suncoast provides best -practice and research -based assessment, counseling and supportive services to children and families in the Treasure Coast area which includes Okeechobee County, she also offered statistical data on issue stressing the importance of the topic; Mr. Bobbie Keefe, stated he was a new member, noted appreciation to the Mayor and City Council for assisting to give the topic the attention, as this is especially an issue with Veterans B. Proclaim the month of September 2016 as "National Suicide Prevention and Awareness Month." Mayor Kirk proclaimed September as National Suicide Prevention and Awareness Month, presenting the document to Mr. John Romano, President/CEO of the New Horizons of the Treasure Coast and Okeechobee, and reading into the follows: "Whereas, New Horizons Mental Health, Primary Care and Substance Abuse of the Treasure Coast and Okeechobee seeks to increase awareness, encourage discussion and educate the public about actions regarding mental health matters such as suicide, recognizing that greater awareness is critical to achieving Zero Suicide, making Suicide a Never Event; and Whereas, the total number of suicides has increased statewide since 1995, with 320 people having died by suicide, and in our own region in the past Page 1 of 12 four years, nine of them wee teenagers, and in fact suicide is the leafing cause of death for young people age 14-24 in Florida. South Florida has more suicides than murders and traffic fatalities combined, yet the stigma prevents open discourse and problem solving; and Whereas, there is a significant stigma attached to the topic of suicide; research shows that talking about suicide and encouraging people to get help does not increase the risk of suicide, rather addressing concerns, engaging the community and educating the public decreases suicide risk factors such as social isolation; and Whereas, September is National Suicide Prevention and Awareness Month and September 10th is World Suicide Prevention Day, a campaign of the United States is represented along with 52 other countries; and Whereas, we encourage the community to observe this day by re-educating themselves about risk factors and resources, speaking up when someone they know is struggling, offering support and caring words to those around them, and reaffirming the importance of working together to make the community healthy. Now, Therefore, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim September 2016 as "National Suicide Prevention and Awareness Month." Mr. Romano thanked the Mayor and Council, continuing, NH have been around since 1958 and member of this community for many years, events throughout the month on the coast to bring attention to this issue. # of suicides on the Treasure coast which includes Okeechobee. Watford, you have residential care too? Romano, Yes we do, # of beds, 1123 clients, served last year, gave #'s for clients served in Okeechobee. V. AGENDA — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Clerk Gamiotea requested to defer approving the August 23, 2016, minutes as the City Council would not have sufficient time to review them prior to approval. They will be represented at the next regular meeting. Watford, where those the ones emailed today? LG, no those where the August 16 minutes. VI. MINUTES — City Clerk A. Council Member Watford moved to dispense with the reading and approve the Summary of Council Action for the July 19, 2016, Fire Assessment Workshop; the July 19, 2016, Regular Meeting; and the August 16, 2016, Regular Meeting and Budget Workshop; and the August 23 2016 Giro Assessment Spenial Mee}inn-1 seconded by Council Member Chandler. There was no discussion on this item. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. B. Council Member Ritter moved to correct a typographical error in the May 17, 2016 Regular Meeting Minutes, New Business Item C, Page 3 of 4, correcting the amount from $11,133.00 to $11,631.00, awarded to Stewart Signs; seconded by Council Member Watford (Exhibit attached). There was no discussion on this item. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR REZONING ORDINANCE ADOPTION AT 6: P.M. A.1.a) Council Member Watford moved to read proposed Ordinance No. 1140 by title only, regarding Rezoning Petition No. 16-004-R submitted Mr. Robert Gent, Registered Agent of Okeechobee Asphalt & Ready Mixed Concrete, Inc. (property owner) to rezone from Residential Multiple Family (RMF) to Industrial (IND), Lot 6, and the North 40 feet of Lots 7 through 12 of Block 44, CITY OF OKEECHOBEE, Plat Books 1 and 5, Page 10 and 5; seconded by Council Member Ritter - City Planning Consultant (Exhibit 1). Planning Board recommends approval. Page 2 of 12 b) Vote on motion to read by tide only. KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA WATFORD — YEA O'CONNOR — YEA MOTION CARRIED. c) Attorney Cook read proposed Ordinance No. 1140 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16-004-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDED FOR AN EFFECTIVE DATE." 2.a) Motion and second by Council Members Chandler and O'Connor to adopt proposed Ordinance No. 1140. b) Public comments and discussion. Planning Staff's findings are as follows: (insert) Mayor Kirk asked whether there were any questions or comments from the public. There were none. Questions from Council to BB: Watford, this doesn't take effect until the future land use does, correct? BB — correct. City Clerk Gamiotea reported notices were mailed to surrounding property owners with the signs posted on the property and noticed in the local newspaper. No objections or comments have been received to date. Project Engineer Steve Dobbs was present on behalf of the applicant. c) Vote on motion. KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA WATFORD — YEA MAYOR KIRK CLOSED THE REZONING PUBLIC HEARING AT 6:19 P.M. O'CONNOR — YEA MOTION CARRIED. VIII.NEW BUSINESS A.1.a) Council Member Watford moved to read proposed Ordinance No. 1141 by title only, and set September 20, 2016, as a final Public Hearing date, amending and restating the City of Okeechobee and Okeechobee Utility Authority (OUA) employees Retirement System; seconded by Council Member Ritter - City Attorney (Exhibit 2); b) Vote on motion to read by title only and set final public hearing date. KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA O'CONNOR — YEA WATFORD — YEA MOTION CARRIED. c) Attorney Cook read proposed Ordinance No. 1141 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 1053, AS SUBSEQUENTLY AMENDED; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." Page 3 of 12 2.a) Motion and second by Co cil Members O'Connor and Ritter to appro e rthe first reading of proposed Ordinance No. 1141. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Watford, all this does is stike out all the OUA references? MDO, yes. Watford, no other changes? MDO, no Watford, and OUA is responsible for expenses? MDO, yes its in a separate agreement. c) Vote on motion. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. B. Council Member Watford moved to approve an Interlocal Agreement with the OUA to apportion accrued retirement benefits into their respective retirement plans; seconded by Council Member Chandler. - City Attorney (Exhibit 3). Cook, the intention is the 2016 audit and actuary reports wont be ready until next year (April/May 2017), meanwhile both parties are still investing and earning interest, OUA has agreed to the amounts of the split, 60/40. Plus the City can retain 20% of the OUA's 60% until the audit is received. When final calculations completed, amounts will be forwarded to the OUA. Watford don't know that I understand, they're no taking any of the money until the audit is done? MDO, only paying 80% of the 60% of the 2015 financials. We are retaining 20% of their 60% Watford we are sure we are getting the city's fair share of our funds? MDO yes, 60/40 IR, according to audit yes, we are holding 20% to be sure in the end (**time 6:26 listen to recording to get her full statement) Watford, confident these numbers are correct? MDO, yes. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. C. Council Member Watford moved approve a Temporary Street Closing Application submitted by The Warrior Center to close Southwest 2nd, 3rd, and 4th Avenues between North and South Park Streets on September 17, 2016, from 8:00 a.m. to 8:00 p.m., for Veteran Appreciation Day; seconded by Council Member Chandler - City Administrator (Exhibit 4). Watford, seems to all be in order, everyone signed off on it. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. D. Consider a recommendation by the Code Enforcement board to proceed with foreclosure on abandoned property located at 1002 SW 6th Avenue — Fire Chief Smith (Exhibit 7). Council Member Chandler made a motion to instruct Staff to proceed with foreclosure proceedings as recommended by the Code Enforcement Board on Case No. , violation of section abandoned property, Legal description: located at 1002 SW 6th Avenue; seconded by Council Member O'Connor. (insert info from file on background of case) Page 4 of 12 Chandler, vacant house a longtime, is a nuisance, I live right next to it. Watford, there has been no response from the owners? Herb, none. Kirk, is this the normal lien rate? Herb, is lower than usual. Chandler, while on the subject is there any way we can adopt a resolution or policy that provides for demolishing vacnt properties within 30 days? Kirk, if the owners are not responding, don't see why not, its up to attorney to research. MDO, I can coordinate with Cook and Herb to put something together and bring back to the council. Kirk/Chandler/O'Connor, do it. KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA O'CONNOR — YEA WATFORD — YEA MOTION CARRIED. E. Council Member Watford moved to approve a Memorandum of Agreement with the Department of Economic Opportunity detailing the terms and conditions of the re -designation of the South Central Rural Area of Opportunity; seconded by Council Member Ritter - City Administrator (Exhibit 6). Within the MOA is Exhibit A which requires the City Council to appoint one elected official and one individual from a nonprofit economic development organization. Mr. John Gurney, of the Business Development Board of the Chamber of Commerce agreed to be appointed. Council member Ritter agreed to be the elected official. KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA O'CONNOR — YEA WATFORD — YEA MOTION CARRIED. F. Discussion pertaining to the alley from Northwest 5th Avenue to Northwest 6th Avenue — Niki Salmon, Jerry Campbell. Distributed notebooks of public records. Table of contents listed as follows: 1. City Players 2 Application to Council Meeting 3 Introduction 4 Okeechobee Company History 5 Hamrick trust history 6 Recorded alley use agreement 7 Request for amendment alley use agreement 5/11 /16 8 Unimproved site plan 9 Notice of commencement 4/14/16 10 Marcos survey green highlights 11 Proposed Assess per Marcos 12 Site Plan 1 13 Sample application of abandonment 14 DOT vs. Hamrick Trust/City of Okeechobee 2015 15 City of Daytona vs Tuttle 16 Brickell vs. Ft. Lauderdale 17 46-1 City Code 18 ESC Report 19 Purchase Agreement 4/29/15 20 Maastricht response to contingencies 21 Alley Use Agreement forth coming STILL 22 TRC 11/19/15 with following conditions Page 5 of 12 Attorney Cook advised due tdThe threat of litigation, the City Council shoulrnot discuss the matter. MAYOR KIRK RECESSED THE MEETING AT P.M. AND RECONVENED AT 7:19 P.M. IX. MAYOR KIRK OPENED THE PUBLIC HEARING FOR FIRST READING OF BUDGET ORDINANCES AT 6: P.M. A. Mayor Kirk announced that the purpose of this public hearing is to consider the first reading of ordinances for the proposed millage rate levy and proposed budget for Fiscal Year 2016-17. B. Mayor Kirk announced that the proposed millage rate levy represents 4.28% less than the roll back rate computed pursuant to F.S.200.065 (1). CA.a) Council Member Watford moved to read proposed Ordinance No.1142 by title only and set September 20, 2016 as a final public hearing date, levying a millage rate of 7.4932 for Fiscal Year 2016-17; seconded by Council Member O'Connor - City Attorney (Exhibit 7). b) Vote on motion to read by title only and set final public hearing date. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. c) City Attorney Cook read proposed Ordinance No. 1142 by title only as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEE_CHOBEE, FLORIDA, ADOPTING A MILLAGE RATE TO BE LEVIED ON ALL REAL AND TANGIBLE PERSONAL PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017; PROVIDING THAT 7.4932 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 7.4932 VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES; THAT SAID MILLAGE RATE IS 4.28 PERCENT (4.28%) LESS THAN THE ROLL -BACK RATE COMPUTED IN ACCORDANCE WITH FLORIDA STATUTE 200.065 (1); PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion and second by Council Member Chandler and Ritter to approve the first reading of proposed Ordinance No. 1142. b) Public comments and discussion. Council Member Watford moved to amend the motion on the floor to approve the first reading of proposed Ordinance No. 1142, by amending the millage from 7.4932 to 7.9932; seconded by council Member Ritter. This now also revised the language within the ordinance to read the millage rate is 2.11 % more than the rollback rate of 7.8283. VOTE ON MOTION TO AMEND: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION TO AMEND CARRIED. c) Vote on motion. VOTE ON MOTION AS AMENDED: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED As AMENDED. Page 6 of 12 D.1.a) Council Member Watford moved to read proposed Ordinance No. 1143 by title only and set September 20, 2016 as a final public hearing date, adopting an annual budget for FY 2016-17; seconded by Council Member Ritter - City Attorney (Exhibit 8). b) Vote on motion to read by title only and set final public hearing date. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No.1143 by title only as follows: "AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016, AND ENDING SEPTEMBER 30, 2017; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $8,903,681.00, TRANSFERS -IN OF $1,230,253.00, AND EXPENDITURES OF $6,342,774.00, LEAVING A FUND BALANCE OF $3,791,160.00; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $1,323,926.00, EXPENDITURES OF $712,800.00 AND TRANSFERS -OUT OF $350,000.00, LEAVING A FUND BALANCE OF $261,126.00; OTHER GRANTS FUND REVENUES OF $743,480.00, TRANSFERS -IN OF $16,020.00, AND EXPENDITURES OF $759,500.00, LEAVING A FUND BALANCE OF $0.00; CAPITAL IMPROVEMENT PROJECTS FUND REVENUES OF $5,372,985.00, EXPENDITURES OF $1,180,865.00, AND TRANSFERS -OUT OF $896,273.00, LEAVING A FUND BALANCE OF $3,295,847.00; LAW ENFORCEMENT SPECIAL FUND REVENUES OF $4,861.00, AND EXPENDITURES OF $1,750.00, LEAVING A FUND BALANCE OF $3,111.00; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE." 2.a) Motion and second by Council Members Watford and Ritter to approve the first reading of proposed Ordinance No. 1143. b) Public comments and discussion. The purpose of the workshop is to discuss the proposed 2016-17 Fiscal Year Budget. The floor was yielded to Mrs. India Riedel, Finance Director. State Revenue Comparisons spreadsheet distributed listing actions from FY 2012-13, and stated estimate with percentage for change for FY 2014-15, 2015-16 and 2016-17. For the proposed FY there is a $129,596 increase and a $31,046.00 increase in the Future tax and revenue sharing. Seven Year budgeted Revenues spreadsheet, Other Revenues includes public safety grant and centennial funds. Ad valorem listed is'/2% millage decrease. Florida weekly gas prices spreadsheet (need to get a copy of this). 1 mill generates $239,556.00 Four options were presented to balance the Budget. Page la, lists Option , millage rate of , listing the General Fund Budget: Beginning Fund Balance as $ ; Revenues of $ ; Transfers -In of $ (from Public Facilities Improvement Fund $ and Capital Improvement Projects Fund $ ); Total Expenditures of $ ; and leaving a Fund Balance of $ Page 1 b, lists Option _, millage rate of , listing the General Fund Budget: Beginning Fund Balance as $ ; Revenues of $ ; Transfers -In of $ (from Public Facilities Improvement Fund $ and Capital Improvement Projects Fund $ ); Total Expenditures of $ ; and leaving a Fund Balance of $ Page 7 of 12 MR1 Locolu--hovi 4r) drhwia, :nim --PA NO c iroic a- -S 0 .... :-- sl�u� 46'n s lc%a S-eLFA 5 0 G� 4 ALP Uet tb, .(fir, Ramnck deW��ecl � i�u�-�, all�s styee S lYlQLo Mo(esng . 21, a6& FOK Co)� lan � struchcry dzfrf MI runs E An w rMs Al to s, &k wrowd esr,��l s. 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City rof keec c,,bee 55 SE rd AVrenue Okepchoh oe, FL l34974 FAX- 863-7163-1686 Erma l: rbrock(�_)cityofokeechobee. com Web -site: http://www.cityofokeechobee.com Dl,le to Rorida',3, hrond pu[llic; re )rd laws, r ar", Ltc) r ut4ic. From: Sandy Perry [mailto:sw perry(a)yahoo.com] Sent: Wednesday, September 07, 2016 9:42 AM To: Robin Brock Subject: I need to head on out to pasture... Robin, As you probably know and I didn't that today is Wednesday and not Tuesday! alUI k Guess Dowling had to give the prayer last night as Edward thanked me for reminding him, so he obviously wasn't there! Lord, Have Mercy on me!!! Sorry! Sandy Perry Administrator -In -Training Okeechobee Health Care Facility 863-634-7714 Cell 863-467-4500 Fax 1 Lane Gamiotea'"`�r��U� From: Robin Brock Sent: Tuesday, September 06, 2016 11:16 AM To: 'Charles Murphy'; Lane Gamiotea; Dowling Watford; Gary Ritter; Mayor Kirk; Mike O'Connor; Noel Chandler Cc: Marcos Montes De Oca Subject: Proclamations for tonight's meeting Attachments: National Suicide Prevention and Awareness Month.pdf; Suicide Awareness Day 2016.pdf Attached are the two proclamations for tonight's meeting. Although they are similar, they will be presented to two different agencies, New Horizons and Suncoast Mental Health Center. Also, New Business Item F should read "Discussion pertaining to the alley from NE 5th Avenue to NE 6th Avenue," not NW. Please make this correction on your agenda. If you have any questions, please let me know. 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Consider a motion to waive the formal bidding procedures and award a sole -source purchase in the amount of $11.111.00 to Stewart Signs to replace the City Hall Municipal Sign with a LED Display Sign continued. D. Evaluation of City Administrator Marcos MontesDeOca — Mayor Pro-Tempore. E. Evaluation of City Attorney John Cook — Mayor Pro-Tempore. IX. ADJOURNMENT — Mayor Pro-Tempore Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, helshe may need to insure that a verbatim record of the proceeding Is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose ofbackup for official records of the Clerk Abowling R. Watford, Jr., Mayor Pro-Tem pore r✓ Lane Gamiotea, CMC, City Clerk MAY 17, 2016 -REGULAR MEETING -PAGE 4 OF 4 542- Administrator MontesDeOca assured the Council the sign will comply with all City Ordinances and the intended use is to advertise City and community events. He distributed an expense report providing cost details for the Centennial Commemorative Walkway Project and how a portion of these funds, along with the contribution for the Chamber Leadership Class, will be used to pay for the sign. Exhibit 3 included a rendition of the new sign, displaying the words "Welcome to the City of Okeechobee, Est. 1915," the City Seal, and the OKMS Seal. This sign is designed similar to the welcome signs at the City Limits. Mayor Pro-Tem Watford thanked Mr. Frank DeCarlo, who was in attendance on behalf of the Chamber Leadership Class, for their contribution towards this project. VOTE: KIRK —ABSENT CHANDLER —YEA O'.CONNOR—YEA RITTER—YEA WATFORD—YEA MOTION CARRIED. Administrator MontesDeOca's employment services contract provides for an annual evaluation of his employment performance by the Mayor and Council. Mayor Pro-Tem Watford received the evaluations and calculated an average score of 4.6 out of 5.0. Administrator MontesDeOca thanked the Council for their confidence in him. The evaluations were forwarded to the City Clerk for final processing and retention. The positive review allows eligibility for the Salary Step Increase on his anniversary date October 1, 2016, in addition to the 2.5 percent cost of living (COLA) increase approved for all employees, implemented October 1, 2015. The term of the current contract expires September 30, 2017. As provided in Attorney Cook's employment services contract, each year the Mayor and Council Members complete an evaluation on his employment performance. Mayor Pro-Tem Watford received the evaluations and calculated an average score of 4.2 out of 5.0, and thanked Attorney Cook for the service he provides to the City. Attorney Cook thanked the Council for their confidence in him. The evaluations were forwarded to the City Clerk for final processing and retention. The positive review allows for the contract to renew for another year. The contract provides basic payment to be increased annually at the same percentage increase as general employee pay increases. During the Fiscal Year 2015-16 budget adoption, the Council approved a 2.5 percent across the board COLA increase, therefore, Mr. Cook's annual compensation was increased the same. There being no further discussion, nor items on the agenda, Mayor Pro -Tern Watford adjourned the meeting at 6:32 P.M. ORDINANCE NO. 1140 Exhibit 1 Sept 6, 2016 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16-004-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDED FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Concrete, Inc., has heretofore filed Petition No. 16-004-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.434 acres from Multiple Family Residential to Industrial Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on July 21, 2016, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 0.434 acres, as the subject property, located in the City of Okeechobee, to -wit: LOT 6 OF BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH THE NORTH 40 FEET OF LOTS 7 THROUGH 12 INCLUSIVE, OF BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND RECORDED PLAT BOOKS 1 AND 5, PAGES 10 AND 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Ordinance No. 1140 Page 1 of 2 SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Residential Multiple Family (RMF) to Industrial (IND). SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty-one (31) days after its adoption if the associated Comprehensive Plan Amendment (16-004-SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 16th day of August, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 6th day of September, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No. 1140 Page 2 of 2 Y Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No.: 16-004-R (Multiple lots between NW 8tn & 9tn Avenues south of NW 9t" Street) `'' Planning & Management Services, Inc. 1375 Jackson Strcel, tiuitc 206 Fort \lvers, Florida 239-33}-33GC, Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Rezoning Petition No. 16-004-R General Information Okeechobee Asphalt & Ready Mixed Concrete Owner/Applicant P.O Box 1994 Okeechobee, FL 34973 808 NW gth Street 4 VE- Site Address 811 NW 9th Street 801 NW 8th Avenue Okeechobee, FL 34972 Contact Person Stephen L. bobbs, Agent Contact Phone Number 863-824-7644 Contact Email Address sdobbs@stevedobbsengineering.com 'Legal Description of Subject Property Parcel Identification Numbers Legal Description: 3-15-37-35-0010-00440-0060 3-15-37-35-0010-00440-0070 3-15-37-35-0010-00440-0110 LOT 6, BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND THE NORTH 40 FEET OF LOTS 7, 8, 9 AND 10, BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND PLAT BOOK 5, PAGE(S) 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND THE NORTH 40 FEET OF LOT 11 AND 12, BLOCK 44, OKEECHOBEE ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, ALSO BEING RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Rezoning Petition No. 16-004-R Request The matter before the Local Planning Agency (LPA) and City Council is an application for rezoning of the subject properties described above, totaling 0.434 acre, from RMF, Residential Multi -Family to IND, Industrial. Lot 6 of Block 44, comprising 0.16 acre, is also the subject of a concurrent Small Scale Development Plan Amendment (SSA) from Single -Family to Industrial on the Future Land Use Map (FLUM). The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 8 through 11. Acreage 0.434 acre 0.434 acre Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Rezoning Petition No. 16-004-R Future Land Use, Zoning, and Existing Uses on Surrounding Properties _r Future Land Use Map Classification Single=Family and Industnal '. North Zoning District RMF and IND Existing Land Use Vacant Future Land Use Map Classification Industrial East Zoning District South West IND, Industrial Existing Land Use Materials storage Industrial and CSX Railroad, with Future Land Use Map Classification Multi -family across the railroad tracks Zoning District IND and CSX Railroad, with RMF across ;the railroad tracks Vacant and Multi -Family south of the Existing Land Use railroad tracks Future Land Use Map Classification Multi -Family and Single -Family Zoning District Existing Land Use RMF and IND Church and vacant Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided comments to each of the required findings. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Arial typeface. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Rezoning Petition No. 16-004-R 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed request is not contrary to the Comprehensive Plan requirements. There are other parcels in the vicinity that are zoned industrial and this change." Staff Comment: This rezoning application for all of the subject properties (0.434 acre) is being addressed concurrently with the Applicant's request for a Small Scale Development Plan Amendment (SSA) for Lot 6, Block 44. Staff has found the proposed change to the FLUM to be consistent with the Comprehensive Plan and has recommended approval. The requested rezoning of all of the subject parcels is consistent with the Comprehensive Plan and will, in fact, eliminate existing inconsistencies between the FLUM and the Zoning Map. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. " "The proposed request to use the property as the other parcels owned is authorized under Industrial zoning." Staff Comment: The Applicant intends to use the property for materials storage jointly with the other parcels in Block 44, which are also owned by Okeechobee Asphalt. Outdoor storage is specifically identified as item (9) in the list of permitted uses in the Industrial Zoning District. 3. The proposed use will not have an adverse effect on the public interest. "The proposed land use change would have no effect on the public interest as the property will be used as the surrounding parcels have been used in the past." Staff Comment: We agree. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Rezoning Petition No. 16-004-R 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The proposed use is appropriate for the location and compatible with the adjacent land uses as the parcel and there is Industrial Zoning to the east and south of this parcel." Staff Comment: As the last block in the industrial corridor along the south side of NW 911 Street, between NE 3rd and 9` Avenues, we believe the subject properties are suitably located for industrial use and consistent with land use patterns in the area. In fact, the immediate adjacency of the subject properties to the industrial uses to the east, and the CSX Railroad to the south make the properties inappropriate for most any other uses. NW 91h Street and NW 91h Avenue will serve as spatial buffers to the church properties to the west and northwest, and the vacant residentially zoned property to the north. The railroad tracks and NW 8th Street will provide a spatial buffer to the multi -family properties south of the railroad tracks. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "This change in zoning will have no adverse impact to property valued of adjacent property as industrial is to the east and south and theses parcels are adjacent to the CSX Railroad. Any change in property value has been realized." Staff Comment: All adjacent properties are already zoned Industrial and in industrial use as materials storage. NW 9th Street and NW 9m Avenue will serve as spatial buffers to the church properties to the west and northwest, and the vacant residentially zoned property to the north. The railroad tracks and NW 8th Street will provide a spatial buffer to the multi- family properties south of the railroad tracks. The industrial use of the remainder of Block 44 in the same manner as the balance of this block and other nearby industrial properties should neither affect property values or living conditions, nor deter improvement of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "The current owner has acquired these parcel over the last serval years and have created a buffer of concrete bollards and landscaping to buffer the use from surrounding property owners." Staff Comment: All properties immediately adjacent to the subject property are owned by Okeechobee Asphalt and are in industrial use. The remaining sides of the property abut NW 911 Street and NW 9th Avenue. These streets and the required street setbacks provide a spatial buffer between the subject and the church properties to the west and northwest and to the vacant property to the north. We would expect fencing and visual screening to be provided along periphery street frontages. Serving Florida local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Rezoning Petition No. 16-004-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The past use has not created nor will the future use create a density pattern that would overburden any of the public resources in the area." Staff Comment: The proposed use is not residential and therefore has no density component or effect upon schools. Furthermore, the use of the combined subject properties for materials storage would result in virtually no incremental increase on the demand for potable water, wastewater treatment and disposal, solid waste collection and disposal, or impact on the local roadway system. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "As the proposed improvements have already been made to this parcel, the use will not create nor have a detrimental impact to the factors stated above. This property has an existing ditch that currently discharges into the NW 9th Street ROW there is no plan to change existing drainage patterns, nor impact public safety." Staff Comment: We agree that continuation, on the subject property, of the types of activities already underway on the adjacent properties owned by Okeechobee Asphalt, will result in no, or at most minimal, increase in traffic. Similarly, no increase in flooding or drainage problems, or any effect upon public safety, is expected. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use has not inordinately burdened by unnecessary restrictions." Staff Comment: We agree. Recommenclation Based on the foregoing analysis, we find the requested rezoning to Industrial to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's rezoning request. Serving Florida local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Rezoning Petition No. 16-004-R Submitted by: Wm. F. Brisson, AICP Sr. Planner July 13, 2016 Planning Board Public Hearing: July 21, 2016 City Council 1st Reading: August 16, 2016 City Council 2rld Reading: September 6, 2016 Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16-004-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS S u b je C, t Properties uu COMPREHENSIVE PLAN LAND USE SNGLIE - FAWLY MULTI - rAMILY COMMERCIAL INDUSTRIAL I PL!EIL Y,7iE-S Serving Florida Local Governments Since 1988 Staff Report Rezoning 12 ] NEW Applicant's Name: Okeechobee Asphalt Petition No. 16-004-R ZONING SUBJECT SITE AND ENVIRONS Subject Properties rZONING . C80 • COMM BUSINESS L)'9TFII, Ciiv • HEAVY COMMERCI<:. UT. LIGHT COMMERCIAL • COMM PROFESSIONk.::-r,CE .OLDING ND - INDUSTRIAL PUB • PUBLIC FACILITIES PUD-M;kED PUk•R RMF RESIDENTIAL. MULTIFAMIL, RMM . RESIDENTIAL MOEILE RSf . RES;DENTIAL. SINQLE FAMIL RSK , RES! ENTrAI SINGLE FAMILY !�mm Serving Florida Local Governments Since 1988 E Staff Report Applicant's Name: Okeechobee Asphalt Rezoning Petition No. 16-004-R EXISTING LAND USE SUBJECT SITE AND ENVIRONS 10 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Rezoning Petition No. 16-004-R Property Appraiser Aerial Existing Land Use Subject Site and Environs Ak NMTH *. Serving Florida Local Governments Since 1988 • c O) CT A W IV W r v o D CL m o z005 o �c �c Q CD v s �� m e rZ7S r- o m Sn CD= `�• - CD CD c C G O W o a C7 j 2 OC W mn O �CD � i Cn O O Ont CL `< p N C N O CDO Dn .-LJ 00 Z O 0- S CD CD C1 O < d 3Z ID CD CD (D O 3 C/) 'p v (D p O O n� p Cn v, �. -_ m O CD :3 C) D 7- o CO (D = O v o b 0 0 0 o m �' a = m D cn 3 CD CD O co 0)(Q .Z O (n m p 0 Er < m CD CD C7 m o o CD C ca.Z O a _� (D 'D (n Z C O O O O 3 O 3 N �' CD o- `< [D � n O (D N CD C (�/) .O-. 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N d `n o (D _. to < D) CD Z F- . N (D o� O n0 0� - � 0� n N o cn m� n N o= m a z G :3 v o m c) a O m � m D = '< ,� T7 N C 0 (D = N < m o O< _ o (D O O C) 0 m O D m W O N a CD v (D O O c 7 y CD (D (n o (cD m N n n m Q. CA D O o o m o r o � o =• v m a o- m m N v X m cL CD -a (D 0 m j m D 3 cL D E33 (D Cr CD CD CD BCD zm --A o (n � (•A n C (n a- _, c v --1 C77 -- O O _ � m = m m -+ �o c o cL-na z(„m O m � m Z O � o W N Pu D O a � v c O m c c = o � CD n D -1 � o z cn n n co o c O cn rn (D o CO o op v =r a 2 3 CD — < O o O 00 m ��m D m n W c0 ) z3 �rnfl z3 m z Co a I-_N v Q a i7 D cn s �' a 70 3 CD c_" m Z D O 0 o D CJ < m o :3 D o w in Z a0 w =3 o Z c o O CD m z m a (n = O O C7 O 133 O CD 0 =3 _ O (D 0 CD r CD `< D m D 0- o < m m � (D o � m n o m CCD Exhibit 4 7/91 /1 A City of Okeechobee Date: -7 j (p Petition No. f General Services Department Fee Paid: OSWRO C-"8&71 Jurisdiction: -Pb4e(�_ 55 S.E. 3`d Avenue, Room 101 15 Hearing: �_a j_j�, p 2 Hearing: 9-G Okeechobee, Florida 34974-2903 , Publication Dates: p13. �1j3 e� �� , CL OtA41jgg) , /Ig /� ��ir `l%� %j Phone: (863) 763-3372, ext. 218 Notices Mailed: Fax: (863)763-1686 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): Okeechobee Asphalt & Ready Mix Concrete, Inc. 2 Owner mailing address: P. O. Box 1994, Okeechobee, FL 34973 3 Name of applicant(s) if other than owner 4 Applicant mailing address: E-mail address: Jpalmer@lynchpaving.com 5 Name of contact person (state relationship): Steven L. Dobbs, P. E. - Consultant 6 Contact person daytime phone(s): 863-824-7644 1 PROPERTY INFORMATION Property address/directions to property: 1_Q� 1601 ,AJ Gil 11414-e= Av"L IW) (01C 7 808 NW 9th Street, Okeechobee, FL 34972 L(�AStC 'R i 1 N W q'11D, a+ C- M kill, The intersection of NW 9th Street and NW 9th Avenue Avenue. 1�✓;k f_ - �' C ; Y°ram Ave Describe current use of property: The site is currently used as a material storage yard. The existing single family residence was removed prior to the 8 rezoning application. Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. There is currently a concrete fence surrounding the property to keep the construction 9 materials onsite. Source of potable water: well Method of sewage disposal: Septic Tank 10 Approx. acreage: _ 46 Ac o �5 Is property in a platted subdivision? Yes, City of Okeechobee Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No 11 12 Is a pending sale of the property subject to this application being granted? No Describe uses on adjoining property to the North: 13 North: Residential Vacant, Undeveloped East: Industrial, material storage yard South: Industrial West: House of worship 14 Existing zoning: Multi -Family ResidentiaFuture Land Use classification: Single-Family/Industrial 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (2LJNo (_)Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (U Rezone (___) Special Exception (.. ) Variance 17 Parcel Identification Number: 3-15-37-35-0010-00440-0060, 3-15-37-35-0010-00440-0070, and 3-15-37-35-0010-00440-0110 (to aCo 139"0�jeS . Dglneres ak Z'. (Rev 3/5/15) Page 1 of 11 so E NJ%- ur of J REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: owner Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 4/27/2011, 7/6/2015 and 6/6/2011 - Attached 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name -PA: R—SUR, V_ Date ty'b —� For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 (Rev 3/5/15) Page 2 of 11 ADDITIONAL INFORMATION REQUIRED FOR A REZONING A Current zoning classification: u ti Family Requested zoning classification: Industrial Describe the desired permitted use and intended nature of activities and development of the roperty? This property will be used as a construction material storage yard to support an Asphalt andConcretemixing facility. g Is a Special Exception necessary for your intended use? (X_) No (_) Yes If yes, briefly describe: C Is a Variance necessary for your intended use? (X_) No (_) Yes If yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (Rev 3/5/15) Page 6 of 11 Okeechobee Asphalt & Ready Mixed Concrete, Inc. Responses to Standards for Considering Changes in Zoning 1. The proposed change is not contrary to the Comprehensive Plan Requirements; The proposed request in not contrary to the Comprehensive plan requirements. There are other parcels in the vicinity that are zoned industrial and this change. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed request to use the property as the other parcels owned is authorized under Industrial zoning. 3. The proposed use will not have an adverse effect on the public interest; The proposed land use change would have no effect on the public interest as the property will be used as the surrounding parcels have been used in the past. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses and is not contrary or detrimental to urbanizing land use patters; The proposed use is appropriate for the location and compatible with the adjacent land uses as the parcel and there is Industrial Zoning to the east and south of this parcel. 5. The proposed use will not adversely affect property values or living conditions, or be a detriment to the improvement or development of adjacent property; This change in zoning will have no adverse impact to property valued of adjacent property as industrial is to the east and south and these parcels are adjacent to the CSX Railroad. Any change in property value has been realized. Findings required I rezoning or change in land developmen.gulations (cont.) 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessaryrestrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. (Rev 09/14) Page 7 of I I 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood; The current owner has acquired these parcel over the last serval years and have created a buffer of concrete bollards and landscaping to buffer the use from surrounding property owners. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services; The past use has not created nor will the future use create a density pattern that would overburden any of the public resources in the area. 8. The proposed use will be create traffic congestion, flooding, or drainage problems, or otherwise affect public safety; As the proposed improvements have already been made to this parcel, the use will not create nor have a detrimental impact to the factors stated above. This property has an existing ditch that currently discharges into the NW 9"' Street ROW there is no plan to change existing drainage patterns, nor impact public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions; The proposed use has not been inordinately burdened by unnecessary restrictions. Okeechobee Asphalt & Ready Mixed Concrete, Inc. (Description of requested land use change and reason for request) Okeechobee Asphalt & Ready Mixed Concrete, Inc. currently owns approximately 0.43 acres located in Section 15, Township 37S, and Range 35E. The property's parcel IDs are 3-15-37-35-0010-00440-0070, 3-15-37-35-0010-00440-0060, and 3-15-37-35-0010- 00440-0110. It is currently located in the City of Okeechobee with a current zoning of Multi -Family Residential and a FLU of Single -Family and Industrial. The primary intent of rezoning this parcel is to bring all land owned at this location into uniform zoning. The owner has previously purchased these parcels from various property owners over serval years. This application will unify the zoning for the parcels owned. Okeechobee Asphalt & Ready Mixed Concrete, Inc. is planning to use the parcel as they do the other parcels they own in the area for material storage (crushed concrete, Asphalt Millings, and other such construction materials). This application is for the City to grant a zoning on this parcel from the existing Multi - Family Residential to Industrial. The existing access to this property is from NW 9 h Street from the north. Okeechobee Asphalt & Ready Mixed Concrete, Inc. requests that the Planning Board recommend to the City Council to grant the request to zone this parcel of land to Industrial. I Iffil fll M 2015006332 OR BK 762 PG 428 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FLORIDA Prepared by and return to: RECORDED 07/07/2015 09157t31 AM JOHN D. CASSELS, JR. AMT $50000.00 RECORDING FEES $10.00 Partner CASSELS & MCCALL DEED DOD 3350.00 RECORDED BY M Pinon 400 NW 2nd Street Ps 428; t1 os ) Okeechobee, FL 34972 863-7633131 File No.: 8081 Parcel Identification No. 3-1537-35-0010-00440-0060 [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 6th day of July, 2016 Between OMIE LEAN JENKINS, a single woman whose post office address is 808 NW 9th Avenue, Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantor', and OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida corporation whose post office address is PO Box 1994, Okeechobee, FL 34973 of the County of Okeechobee, State of Florida, grantee Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: LOT 6, BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. "Grantor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand andsealthe day and written. Sign , aled an del red in our presence: t e me: v" OMIE LEAN JENKINS by DOROTHY JENKINS RIECK as her Attorney In Fact Witn s Na e: State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this 6th day of July, 2015 b OMIE LE.4.JENKINS by DOROT 4Y JENKINS RIECK, as her Attorney In Fact, who U is personally known [has produc (' as identification. [Notary Seal] otary blic Printed Name: YM!l Florfaa r xpires: T07 4 19,U Book762/Page428 CFN#2015006332 Page 1 of 1 R, if, Parcel ID Number: 3-15-37-35-0010-00440-0010 Prepared by and return to: SUSIE BURK Okee-Tantie Title Company, Inc. 105 NW 6th Street Okeechobee, Florida 34972 FILE NO.31414 Warranty Deed This Indenture, Executed this June 6, 2011 A.D. Between FILE , 1 2011005545 OR BK %o0701 PG 1614 SHARON ROBERTSONr CLERK, OF CIRCUIT COURT OKEECHOBEE COUNTYr FLORIDA RECORDED 06/07/2011 03:05:35 Ph AMT 62r5OO.00 RECORDING FEES $18.50 DEED DOC $437.50 RECORDED BY n Pinon P95 1614 - 1615; (2p95) DAN BUCHANAN a/k/a DANNY R. BUCHANAN, AN UNMARRIED MAN, whose address is 801 NW 8TH AVE, OKEECHOBEE, FL 34972, hereinafter called the grantor, to OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida Corporation, whose post office address is: P. O. BOX 1994, OKEECHOBEE, FL 34973, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns ofcorporalions) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in OKEECHOBEE County, Florida, viz: Legal Description as Exhibit "A" Parcel ID Number: 3-15-37-35-0010-00440-0010 Subject to covenants, restrictions, easements ofrecord and taxes for the current year. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2010. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written Signed, sealed and eljve�ed in our presence: _ UatbfbmMMKA UN W'*- / (Seal) Sylvia E. Bur DAPWUCHANaW. DANNY R. BUCHANAN Witness Printed Name Ad& 801 NW TH AVE, OKEECHOBEE, FL 34972 MOT State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this June 6, 2011, by DAXdri#nse NNY R. BUCHANAN, AN UNMARRIED MAN, who istare personally known to me or who has producedftcation. SM MISS �, al1RK MY COMMISSION p EE082520 No u tic Sylvia E. Burk EXPIRES February 13.2 015 P� artre. C071 aY6p159 Ptorfh sa""�.ra'^ My Commission Expires Book701 /Pagel 614 CFN#2011005545 Page 1 of 2 Exhibit "A" PARCEL 1: LOTS 1 AND 2 OF BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLWFS OK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA PARCEL # 3-15-37-35-0010-00440-0010 AND PARCEL II: LOT 3, BLOCK 41, CITY OF OKEECHOBEE, ACORDING TO THE PLAT THEREOF RECORDED IN PLAT OOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA PARCEL#3-15-37-35-0010-00410-0030 AND PARCEL III: THE NORTH 40 FEET OF LOT 11 AND 12, BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, ALSO BEING RECORDED PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (ss/rc'11) PARCEL-4 3-15-37-35-0010-00440-0110 File Number: 31414 Legal Description with Non Homestead Closers Choice Book701/Pagel615 CFN#2011005545 Page 2 of 2 This instrument prepared by and return to: United Title Agencies I Inc. 1315 N. Dixie Highway, Lake Worth Florida, 33460 W.C. File # 114-0-218 Tax folio #: 3-15-37-35-0010-044MO30 Warranty Deed FILE h 2011004416 OR BK #.IW3704 PG 1330 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FLORIDA RECORDED 05/05/2011 12:14:05 Ph ALIT 60r000.00 RECORDING FEES $10.00 DEED DOC $420.00 RECORDED BY S Creech P9 1330; (fps) This Indenture, made this 27th., day of April, 2011, Between Curtis Parks, a single man, and Alma Grace, a single woman, grantor*, Whose post office address is: 3824 N.W. 7th. Street, Okeechobee, Florida 34972 and Okeechobee Asphalt and Ready Mixed Concrete, Inc., a Florida Corporation, grantee*. whose post office address is P.O. Box 1994, Okeechobee, Florida 34973 Witnesseth: That said grantor, for and in consideration of the sum of $10.00 (Ten dollars) and other good and valuable considerations to: said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to -wit: Lots 3, 4, 5, Block 44, And the North 40 feet of Lots 7, 8, 9 and 10, Block44, Okeechobee, according to the plat thereof, recorded In Plat Book 2, Page 17, Public Records of St. Lucie County, Florida and Plat Book 5, Page(s) 5, of the Public Records of Okeechobee County, Florida. TO HAVE AND TO HOLD the same togetherwith all and singularthe Tenements, hereditaments, and appurtenances there unto belonging or in anywise appertaining, and all the estate, right title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accnring subsequent to December 31, 2010. Subject to restrictions, reservations, easements and limitations of record, ifany, provided that this shall not serve to reimpose same, zoning ordinances, and taxes for the current year and subsequent years. "Grantor", "person", "he", "she", "it","they", and "grantee" or the like shall include singular, plural, past and future tense without distinguishment and shall be considered in its proper tense, time & gcnder as text may require or admit. In Witness Whereof, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our.presence. /ass: / f % AA. (SEAL) (SEAL) Witness: l kima Grace STATE OF Florida COUNTY OF Okeechobee The foregoing instrument was acknowledged before me this 27th. day of April, 2011, by Curtis Parks, a single man, and Alma Grace, a single woman, who is personally known to me or who has produced a drivers license as identification and who did take an oath. 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O (A l /� v ml N I U O ;0p z s x 0 z000 c:Z O K: p Z --4 _ I---- wy ulS hVl 2 ����ny u15 h41 G awy P.E NN OtS (� 41 PD d N m � I I MDP D- nnvm ev Z � �y y�p y���9 m • eCNE UM16 - to N Rm Okeechobee News 107 SW 17th<St`rket, Su' Okeechobee)4)j �d 349!4 " 863-763 -3i,3� P STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ;� o l Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and aff)ant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and spbscribed before me this day of _L z�� Ct f AD r` Notary Public,,State of Florida at Large { oirk:Y?ug�' MGIE BRIDGES r' W COMMISSION # FF 976149 .o, EXPIRES: April 20 202U Bonded TM1 Notary Pubk UmWwr brs NOTICE OF ZONING CHANGE PROPOSED CITY ORDINANCE NOTICE IS HEREBY GIVEN that the City Council of the Gty of Okeect bee, will conduct a Public Hearing on Tues, September 6, 2016, at PM, or as soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeect bee, FL, to Consider final reading for adoption of the following Ordinan into law: Nit, 1140, AN ORDINANCE OF THE CITY OF OKEECHOBE FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY F OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MOF PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULT PLE FAMILY TO INDUSTRIAL ZONING DISTRICT (PETITION NI I6-004-R); AMENDING THE ZONING MAP ACCORDINGLY; PR( VIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, PROVII ED FOR AN EFFECTIVE DATE. The Ordinance is regarding Rezoning Petition No. 16-01]1 submitted by Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Con- crete, Inc., located in the 800 black of NW 9th AVE. and 9th ST., and is ap- proximately 0.434 acres. The proposed use is a maintenance yard. Legal: Lot 6, and the North 40 feet of Lots 7 through 12 inclusive, of Block 44, CITY OF OKEECHOBEE, Plat Books I and 5, Pages 10 and 5, Public Records of Okeechobee County, Florida. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM-4:30 PM, except for holidays. All members of the public are encouraged to attend and participate in said Hearing. The proposed ordinance may be inspected in its entirety by mem- bers of the public at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AM-4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda, a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. Clerk Lane Gamiotea, CIVIC ON 8/26/2016 Exhibit 2 ORDINANCE NO. 1141 Sept 6, 2016 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 1053, AS SUBSEQUENTLY AMENDED; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee and the Okeechobee Utility Authority (OUA) employees are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee; and WHEREAS, the City amended the City Plan effective September 29,1995 under Ordinance No. 686 to permit OUA to participate as an employer in the City Plan; and WHEREAS, OUA has determined it to be in the best interest of OUA and the OUA employees to withdraw from participation in the City Plan and has adopted its own qualified defined benefit pension plan effective October 1, 2016. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 1053, as subsequently amended, is hereby restated in its entirety as set forth in the document designated as THE CITY OF OKEECHOBEE GENERAL EMPLOYEES' RETIREMENT SYSTEM, attached hereto and made a part hereof. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective on October 1, 2016. INTRODUCED for First Reading and set for Final Public Hearing on this 6th day of September, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 20th day of September, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: James E. Kirk, Mayor John R. Cook, City Attorney Ordinance No.,1141 Page 1 of 35 Language to be added is dquhle underlined. Language to be deleted is strusk-t#reugk. CITY OF OKEECHOBEE AND OKEE HOBEE 1 IT11 iTv AUTHORITY i-runcITY GENERAL EMPLOYEES' RETIREMENT SYSTEM SECTION 1. DEFINITIONS. 1. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accumulated Contributions means a Member's own contributions with interest at the rate of five and one -quarter percent (5-1/4%) per annum through September 30, 1993 and three percent (3%) per annum thereafter compounded annually on September 30. Interest is not prorated on Member contributions during a Plan Year. For those Members who purchase Credited Service with interest or at no cost to the System, any payment representing the amount attributable to Member contributions based on the applicable Member contribution rate, and any payment representing interest and any required actuarially calculated payments for the purchase of such Credited Service, shall be included in Accumulated Contributions without the crediting of interest of three percent (3%) per annum. Actuarial Equivalent means that any benefit payable under the terms of this System in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establishing the actuarial present value of any form of payment other than a lump sum distribution, all future payments shall be discounted for interest and mortality by using seven percent (7.0%) interest and the RP-2000 Combined Healthy Participant Mortality Table, projected to 2015 using projection scale AA, using a blend of 50% male mortality rates and 50% female mortality rates, set back five (5) years for disabled lives.. This definition may only be amended by the City pursuant to the recommendation of the Board using assumptions adopted by the Board with the advice of the plan's actuary, such that actuarial assumptions are not subject to City discretion. Average Final Compensation means one -twelfth (1/12) of the average Salary of the five (5) best years of the last ten (10) years of Credited Service prior to retirement, termination or death. A year shall be twelve (12) consecutive months. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a Member who has or have been designated in writing by the Member and filed with the Board. If no such designation is in effect, or if no person so designated is living, at the time of death of the Member, the Beneficiary shall be the estate of the Member. Board means the Board of Trustees, which shall administer and manage the System herein provided and serve as trustees of the Fund. City means City of Okeechobee, Florida and the Qke8l3hebee Utility lei thnri+„ Code means the Internal Revenue Code of 1986, as amended from time to time. Credited Service means the total number of years and fractional parts of years of service as a General Employee with member contributions when required, omitting intervening years or fractional parts of years when such Member was not employed by the City as a General Employee. A Member may voluntarily leave his Accumulated Contributions in the Fund for a period of five (5) years after leaving the employ of the City pending the possibility of being reemployed as a General Employee, without losing credit for the time that he was a Member of the System. If a non -vested Member leaves the employ of the City and is not reemployed within five (5) years, his Accumulated Contributions, if one -thousand dollars ($1,000.00) or less, will be returned. If a Member who is not vested is not reemployed within five (5) years, his Accumulated Contributions, if more than one -thousand dollars ($1,000.00), will be returned only upon the written request of the Member and upon completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the Board. If a vested Member leaves the employ of the City, his Accumulated Contribu- tions will be returned upon his written request. Upon return of his Accumulated Ordinance No. 1141 Page 2 of 35 Language to be added is double underlined. Language to be deleted is &usk Feugb. Contributions, all of his rights and benefits under the System are forfeited and terminated. The years or fractional parts of a year that a Member performs "Qualified Military Service" consisting of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L.103-353), after separation from employment as a General Employee with the City to perform training or service, shall be added to his years of Credited Service for all purposes, including vesting, provided that: A. The Member is entitled to re-employment under the provisions of USERRA. B. The Member returns to his employment as a General Employee within one (1) year from the earlier of the date of his military discharge or his release from service, unless otherwise required by USERRA. C. The Member deposits into the Fund the same sum that the Member would have contributed if he had remained a General Employee during his absence. The maximum credit for military service pursuant to this subsection shall be five (5) years. The Member must deposit all missed contributions within a period equal to three (3) times the period of military service, but not more than five (5) years following reemployment or he will forfeit the right to receive Credited Service for his military service pursuant to this Section. D. This Section is intended to satisfy the minimum requirements of USERRA. To the extent that this Section does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply: In the event a Member dies on or after January 1, 2007, while performing USERRA Qualified Military Service, the beneficiaries of the Member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the Member had resumed employment and then died while employed. Beginning January 1, 2009, to the extent required by Section 414(u)(12) of the Code, an individual receiving differential wage payments (as defined under Section 3401(h)(2) of the Code) from an employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on annual additions under Section 415(c) of the Code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner. Leave conversions of unused accrued paid time off shall not be permitted to be applied toward the accrual of Credited Service either during each Plan Year of a Member's employment with the City or in the Plan Year in which the Member terminates employment. Effective Date means December 14, 1971. General Employee means any actively employed person in the regular full-time service of the City of Okeechobee , including those in their initial probationary employment period, but also including elected officials. This .term shall not include certified police officers and certified firefighters employed by the City e; the me beFs of the ( keeGhebee Utility uthnrity Beard Fund means the trust fund established herein as part.of the System. Member means an actively employed General Employee who fulfills the prescribed membership requirements. Benefit improvements which, in the past, have been provided for by amendments to the System adopted by City ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to Members who terminate employment or who retire prior to the effective date of any ordinance adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Plan Year means the twelve (12) month period beginning October 1 and ending September 30 of the following year. Ordinance No. 1141 Page 3 of 35 Language to be added is donblP md�edined. Language to be deleted is stru"m*- Retiree means a Member who has entered retirement status. Retirement means a Member's separation from City employment with eligibility for immediate receipt of benefits under the System or entry into the Deferred Retirement Option Plan. Salary means the basic compensation for services rendered to the City as a General Employee, plus all tax deferred, tax sheltered and tax exempt items of income, if otherwise includible as basic compensation, derived from elective employee payroll deductions or salary reductions, but excluding overtime, bonuses and any other non -regular payment. Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code as of the first day of the Plan Year shall be disregarded for any purpose, including employee contributions or any benefit calculations. The annual compensation of each member taken into account in determining benefits or employee contributions for any Plan Year beginning on or after January 1, 2002, may not exceed $200,000, as adjusted for cost -of -living increases in accordance with Code Section 401(a)(17)(B). Compensation means compensation during the fiscal year. The cost -of -living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. If the determination period consists of fewer than 12 months, the annual compensation limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and the denominator of which is 12. If the compensation for any prior determination period is taken into account in determining a Member's contributions or benefits for the current Plan Year, the compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that prior period: The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a Member before the first plan year beginning after December 31, 1995. Spouse means the Member's or Retiree's spouse under applicable law at the time benefits become payable. System means the City of Okeechobee and QkeoGhebee 'Utility Awth Pity General Employees' Retirement System as contained herein and all amendments thereto. 2. Masculine Gender. The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine and masculine genders. SECTION 2. MEMBERSHIP. 1. Conditions of Eligibility. A. All General Employees as of the Effective Date, and all future new General Employees, shall become Members of this System as a condition of employment. B. Notwithstanding the previous paragraph, a new employee who is hired as the City Administrator or Administrative Assistant ,at;d-a-new ems€e whG is hired as Fixeutive eGtE) the �LeeGhGee Utility n „th„r;+„ may, in the event he has elected to participate in another pension program, upon his employment as City Administrator or Administrative Assistant nr ExeG Live rliFeGtG , notify the Board and the City of Okeechobee (with FespeGt tG the Gity dR1iRi8+rntnr yr Ei<eGuti�Qte;7, in writing, of his election to not be a Member of the System. In the event of any such election, he shall be barred from future membership in the System. Contributions, if any, to the plan in accordance with Section 5, shall not be required, he shall not be eligible to be elected as a Member Trustee on the Board or vote for a Member Trustee, and he shall not be eligible for any other benefits from the plan. C. Notwithstanding any provision herein to the contrary, any future new elected official, who is not already a Member of the System may, upon taking office, elect to notify the Board and the City of Okeechobee, in writing, of his election to Ordinance No. 1141 Page 4 of 35 Language to be added is double underlined. Language to be deleted is staa"raugh. not be a Member of the System. In the event of such election, the elected official shall be barred from future membership in the system. Contributions, if any, to the plan in accordance with Section 5, shall not be required, he shall not be eligible to be elected as a Member Trustee on the Board or vote for a Member Trustee, and he shall not be eligible for any other benefits from the plan. 2. Designation of Beneficiary. Each General Employee shall complete a form prescribed by the Board designating a Beneficiary or Beneficiaries. SECTION 3. BOARD OF TRUSTEES. 1. The sole and exclusive administration of and responsibility for the proper operation of the System and for making effective the provisions of this ordinance are hereby vested in a Board of Trustees. The Board is hereby designated as the plan administrator. The Board shall consist of five (5) Trustees, oRe two of whom shall be ,a legal residents of the City, who shall be appointed by the Okeechobee City Council, eRe and two of whom shall be a fi fl! time re-Repal Em^Members of the System who shall be elected by a majority of the General Employees who are Members of the System e4;4pleyed by the City e employed by OkeeGhebee . The fifth Trustee shall be chosen by a majority of the previous four Trustees as provided for herein, and such person's name shall be submitted to the Okeechobee City Council. Upon receipt of the fifth person's name, the Okeechobee City Council shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the same rights as each of the other four Trustees appointed or elected as herein provided and shall serve a four (4) year term unless he sooner vacates the office. Each resident Trustee appointed by the City of Okeechobee GF by the Q Ghebee Utility Awtherity shall serve as Trustee for a period of four (4) years, unless he sooner vacates the office or is sooner replaced by the City of Okeechobee, at whose pleasure he shall serve. Each Member Trustee shall serve as Trustee for a period of four (4) years, unless he sooner leaves the employment of the City of Okeechobee ^r QkeeGh^how Utility A i ith^* as a General Employee or otherwise vacates his office as Trustee, whereupon a successor shall be chosen in the same manner as the departing Trustee. Each Trustee may succeed himself in office. DROP participants can be elected as and vote for elected Trustees. The Board shall establish and administer the nominating and election procedures for each election. The Board shall meet at least quarterly each year. The Board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of everykind, nature, and description. The current City Council appointed Trustee City employee elected Trustee and fifth Trustee shall continue to serve as Trustees for the remainder of their terms following the QUA plan separation as provided for in Section 26 A new City Council appointed Trustee and a City employee elected Trustee shall be appointed/elected for four (4) year terms commencing on October 1, 2016. 2. The Trustees shall, by a majority vote, elect a Chairman and a Secretary. The Secretary of the Board shall keep a complete minute book of the actions, proceedings, or hearings of the Board. The Trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. 3. Each Trustee shall be entitled to one vote on the Board. Three (3) affirmative votes shall be necessary for any decision by the Trustees at any meeting of the Board. A Trustee shall abstain from voting as the result of a conflict of interest and shall comply with the provisions of Section 112.3143, Florida Statutes. 4. The Board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the System. The compensation of all persons engaged by the Board and all other expenses of the Board necessary for the operation of the System shall be paid from the Fund at such rates and in such amounts as the Board shall agree. 5. The duties and responsibilities of the Board shall include, but not necessarily be limited to, the following: Ordinance No. 1141 Page 5 of 35 Language to be added is do ibl . indedined, Language to be deleted is stfa"reagb. B. To determine all questions relating to eligibility and membership. C. To determine and certify the amount of all retirement allowances or other benefits hereunder. D. To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the System. E. To distribute to Members, at regular intervals, information concerning the System. F. To receive and process all applications for benefits. G. To authorize all payments whatsoever from the Fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the System and Fund. H. To have performed actuarial studies and valuations at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the System. To perform such other duties as are required to prudently administer the System. SECTION 4. FINANCES AND FUND MANAGEMENT. Establishment and Operation of Fund. 1. As part of the System, there exists the Fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the System. 2. The actual custody and supervision of the Fund (and assets thereof) shall be vested in the Board. Payment of benefits and disbursements from the Fund shall be made by the disbursing agent but only upon written authorization from the Board. 3. All funds of the system may be deposited by the Board with the Finance Director of the City, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safekeeping of funds for the City. However, any funds so deposited with the Finance Director of the City shall be kept in a separate fund by the Finance Director or clearly identified as such funds of the System. In lieu thereof, the Board shall deposit the funds of the System in a qualified public depository as defined in §280.02, Florida Statutes, which depository with regard to such funds shall conform to and be bound by all of the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment responsibilities as set forth herein, the Board may retain the services of a custodian bank, an investment advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the Board, in the investment of all Fund assets. 4. All funds and securities of the System may be commingled in the Fund, provided that accurate records are maintained at all times reflecting the financial composition of the Fund, including accurate current accounts and entries as regards the following: A. Current amounts of Accumulated Contributions of Members on both an individual and aggregate account basis, and B. Receipts and disbursements, and C. Benefit payments, and D. Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to contributions and deposits from the City, and Ordinance No. 1141 Page 6 of 35 Language to be added is double underlined. Language to be deleted is stfask- NugM. E. All interest, dividends and gains (or losses) whatsoever, and F. Such other entries as may be properly required so as to reflect a clear and complete financial report of the Fund. 5. An audit shall be performed annually by a certified public accountant for the 'most recent fiscal year of the System showing a detailed listing of assets and a statement of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a complete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. 6. The Board shall have the following investment powers and authority: A. The Board shall be vested with full legal title to said Fund, subject, however, and in any event to the authority and power of the Okeechobee City Council to amend or terminate this Fund, provided that no amendment or Fund termination shall ever result in the use of any assets of this Fund except for the payment of regular expenses and benefits under this System, except as otherwise provided herein. All contributions from time to time paid into the Fund, and the income thereof, without distinction between principal and income, shall be held. and administered by the Board or its agent in the Fund and the Board shall not be required to segregate or invest separately any portion of the Fund. B. All monies paid into or held in the Fund shall be invested and reinvested by the Board and the investment of all or any part of such funds shall be limited to: (1) Annuity and life insurance contracts with life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the Members in the Fund shall be entitled under the provisions of this System and pay the initial and subsequent premium thereon. (2) Time or savings accounts of a national bank, a state bank insured by the Bank Insurance fund or a savings/building and loan association insured Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund. (3) Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States or toe an agency of the government of the United States. (4) Stocks, commingled or mutual funds, bonds or other evidences of indebtedness, provided that: (a) Except as provided in subparagraph (b), all individually held securities and all securities in a commingled or mutual fund must be issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia. (b) Up to fifteen percent (15%) of the assets of the Fund may be invested in foreign securities. (c) The Board shall not invest more than five percent (5%) of its assets in the common stock, capital stock, or convertible securities of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent (5%) of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock, international equity securities and convertible securities at cost exceed sixty percent (60%) of the assets of the Fund. Ordinance No. 1141 Page 7 of 35 Language to be added is doubl . mtl .dam fined. Language to be deleted is stwsk through. C. At least once every three (3) years, and more often as determined by the Board, the Board shall retain a professionally qualified independent consultant to evaluate the performance of all current investment managers and make recommendations regarding the retention of all such investment managers. These recommendations shall be considered by the Board at its next regularly scheduled meeting. D. The Board may retain in cash and keep unproductive of income such amount of the Fund as it may deem advisable, having regard for the cash requirements of the System. E. Neither the Board or any Trustee shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the Fund, except that due to his or its own negligence, willful misconduct or lack of good faith. F. The Board may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. G. The Board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitalization, consolidations, and similar transactions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective or like committee with the Trustees or with depositories designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the Fund which it may deem to be to the best interest of the Fund to exercise. H. The Board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. Where any action which the Board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as Trustee under this ordinance, can reasonably be taken or performed only after receipt by it from a Member, the City, or- any other entity, of specific information, certification, direction or instructions, the Board shall be free of liability in failing to take such action or perform such duty or function until such information, certification, direction or instruction has been received by it. J. Any overpayments or underpayments from the Fund to a Member, Retiree or Beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board in such a manner that the Actuarial Equivalent of the benefit to which the Member, Retiree or Beneficiary was correctly entitled to, shall be paid. Over payment shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the Fund in a prudent manner. K. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits herein provided for. L. In any application to or proceeding or action in the courts, only the Board shall be a necessary party, and no Member or other person having an interest in the Fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. M. Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at all times maintains continuous supervision over the acts of any Ordinance No. 1141 Page 8 of 35 Language to be added is double underlined. Language to be deleted is strbsk4hreuo. such agent; provided further, that legal title to said Fund shall always remain in the Board. SECTION 5. CONTRIBUTIONS. 1. Member Contributions. A. Amount. Each Member of the System shall be required to make regular contributions to the Fund in the amount of six percent (6%) of his Salary. Member contributions withheld by the City on behalf of the Member shall be deposited with the Board immediately after each pay period. The contributions made by each Member to the Fund shall be designated as employer contributions pursuant to §414(h) of the Code. Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of the System, such contributions shall be considered to be Member contributions. B. Method. Such contributions shall be made by payroll deduction. 2. City Contributions. So long as this System is in effect, the City of Okeechobee nnCIRd the shall make quarterly contributions to the Fund in an amount equal to the required City contribution, as shown by the applicable actuarial valuation of the System. 3. Other. Private donations, gifts and contributions may be deposited to the Fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds arising from these sources may be used only for additional benefits for Members, as determined by the Board, and may not be used to reduce what would have otherwise been required City contributions. SECTION 6. BENEFIT AMOUNTS AND ELIGIBILITY. 1. Normal Retirement Aqe and Date. A Member's normal retirement age is the earlier of the attainment of age sixty-five (65) and the completion of five (5) years of Credited Service or upon the completion of thirty (30) years of Credited Service, regardless of age. Each Member shall become one hundred percent (100%) vested in his accrued benefit at normal retirement age. A Member's normal retirement date shall be the first day of the month coincident with or next following the date the Member retires from the City after attaining normal retirement age. 2. Normal Retirement Benefit. A Member retiring hereunder on or after his normal retirement date shall receive a monthly benefit which shall commence on the first day of the month coincident with or next following his retirement and be continued thereafter during Member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal two and one -tenth percent (2.1 %) of Average Final Compensation, for each year of Credited Service. 3. Early Retirement Date. A Member may retire on his early retirement date which shall be the first day of any month coincident with or next following the later of the attainment of age fifty-five (55) and the completion of ten (10) years of Credited Service. Early retirement under the System is retirement from employment with the City on or after the early retirement date and prior to the normal retirement date. 4. Early Retirement Benefit. A member retiring hereunder on his early retirement date may receive either a deferred or an immediate monthly retirement benefit payable in the same form as for normal retirement as follows: A. A deferred monthly retirement benefit which shall commence at age sixty-five (65) and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on his normal retirement date except that Ordinance No. 1141 Page 9 of 35 Language to be added is do �bl undedined. Language to be deleted is stru&4hrauo. Credited Service and Average Final Compensation shall be determined as of his early retirement date; or B. An immediate monthly retirement benefit which shall commence on his early retirement date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in paragraph A above, which is reduced by two percent (2%) for each year by which the commencement of benefits precedes age sixty-five (65). 5. Required Distribution Date. The Member's benefit under this Section must begin to be distributed to the Member no later than April 1 of the calendar year following the later of the calendar year in which the Member attains age seventy and one-half (701/2) or the calendar year in which the Member terminates employment with the City. SECTION 7. DEATH BENEFITS. 1. Prior to Vesting or Eligibility for Retirement. The Beneficiary of a deceased Member who was not receiving monthly benefit payments, or who was not yet vested or eligible for retirement shall receive a refund of one hundred percent (100%) of the Member's Accumulated Contributions. 2. Deceased Members Vested or Eligible for Retirement. Any member, whether or not still actively employed, who has a right to a vested accrued benefit, shall be eligible for a death benefit if he dies before collecting any other benefits from this System. The amount of the death benefit shall be equal to fifty percent (50%) of the actuarially equivalent single sum value of the Member's vested accrued benefit or his Accumulated Contributions, whichever is greater. If this single sum value is less than $5,000, it shall be paid in a lump sum. If the value exceeds $5,000, the Beneficiary may elect payment under any of the optional forms available for retirement benefits or a lump sum payment. If a Member is eligible for early or normal retirement, but remains in employment and dies while so employed, the death benefit shall be determined as follows: It shall be assumed that such deceased Member had retired immediately preceding his date of death and elected the Ten Year Certain and Life Thereafter option. However, the death benefit shall be equal to fifty percent (50%) of the actuarially equivalent single sum value of the Member's vested accrued, benefit, if larger than the Ten Year Certain and Life Thereafter option, described earlier in this Section. SECTION 8. DISABILITY. 1. Disability Benefits. Any Member who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to perform the duties that the General Employee was assigned at the time of the impairment and is unable to perform the duties of another General Employee position which the City of Okeechobee ep the Okee .hebee Utility AuthGFity makes available to him in a similar job classification and rank at no reduction in Salary for which the General Employee is qualified by reason of training, education, or experience, whether or not such disability was directly caused by the performance of his duty as a General Employee. Upon establishing the same to the satisfaction of the Board, the General Employee shall be entitled to a monthly pension determined in the same manner as for Early Retirement set forth in Section 6, subsection 4.13, if the benefit begins at or after age fifty-five (55), and if the benefit begins prior to age fifty-five (55), the benefit shall be actuarially reduced for the period prior to age fifty-five .(55). Terminated persons, either vested or non -vested, are not eligible for disability benefits. Notwithstanding the previous sentence, if a Member is terminated by the City for medical reasons, the terminated person may apply for a disability benefit if the application is filed with the Board within thirty (30) days from the date of termination. If a timely application is received, it shall be processed and the terminated person shall be eligible to receive a disability benefit if the Board otherwise determines that he is totally and permanently disabled as provided for above. Ordinance No. 1141 Page 10 of 35 Language to be added is doubl .and .din .d, Language to be deleted is stfusk-thFG*. 2. Conditions Disgualifying Disability Benefits. Each Member who is claiming disability benefits shall establish, to the satisfaction of the Board, that such disability was not occasioned primarily by: A. Excessive or habitual use of any drugs, intoxicants, or alcohol. B. Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections. C. Injury or disease sustained while committing a crime. D. Injury or disease sustained while serving in any branch of the Armed Forces. E. Injury or disease sustained after his employment as a General Employee with the City of Okeechobee shall have terminated. F. Willful, wanton or intentional misconduct or gross negligence of the Member. G. Injury or disease sustained by the Member while working for anyone other than the City of Okeechobee and arising out of such employment. H. A condition pre-existing the General Employee's membership in the System. No Member shall be entitled to a disability .pension because of or due to the aggravation of a specific injury, impairment or other medical condition pre-existing at the time of membership in the System, provided that such pre-existing condition and its relationship to a later injury, impairment or other medical condition be established by competent substantial evidence. Nothing herein shall be construed to preclude a disability pension to a Member who, after membership in the System, suffers an injury, impairment or other medical condition different from some other injury, impairment, or other medical condition existing at or prior to said membership. 3. Physical Examination Requirement. A Member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the Board for that purpose. The Board shall not select the Member's treating physician or surgeon for this purpose except in an unusual case where the Board determines that it would be reasonable and prudent to do so. Any Retiree receiving disability benefits under provisions of this ordinance may be required by the Board to submit sworn statements of his condition accompanied by a physician's statement (provided at the Retiree's expense) to the Board annually and may be required by the Board to undergo additional periodic re-examinations by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the Board, to determine if such disability has ceased to exist. If the Board finds that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a General Employee, the Board shall recommend to the City that the Retiree be returned to performance of duty as a General Employee, and the Retiree so returned shall enjoy the same rights that he had at the time he was placed upon pension. In the event the Retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Member claiming or the Retiree receiving disability benefits shall be borne by the Fund. All other reasonable costs as determined by the Board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund. If the Retiree recovers from disability and reenters the service of the City as a General Employee, his service will be deemed to have been continuous, but the period beginning with the first month for which Retiree received a disability retirement payment and ending with the date he reentered the service of the City will not be considered as Credited Service for the purposes of this System. ordinance No. 1141 Page 11 of 35 Language to be added is do �b� le and . dd. Language to be deleted is stpask FouO. The Board shall have the power and authority to make the final decisions regarding all disability claims. 5. Disability Payments. The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall be payable on the first day of the first month after the Board determines such entitlement. However, the monthly retirement income shall be payable as of the date the Board determined such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment will be: A. If the Retiree recovers from the disability, the payment due next preceding the date of such recovery, or B. If the Retiree dies without recovering from disability, the payment due next preceding his death or the 120th monthly payment, whichever is later. Provided, however, the disability Retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment as described in Section 10, subsection I.A. or 1.B., which shall be the Actuarial Equivalent of the normal form of benefit. 6. Workers' Compensation. When a Retiree is receiving a disability pension and workers' compensation benefits pursuant to Florida Statute Chapter 440, for the same disability, and the total monthly benefits received from both exceed 100% of the Member's average monthly wage, as defined in Chapter 440, Florida Statutes, the disability pension benefit shall be reduced so that the total monthly amount received by the Retiree does not exceed 100% of such average monthly wage. The amount of any lump sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten (10) Years Certain by dividing the lump sum amount by 83.9692. SECTION 9. VESTING. If a Member terminates his employment as a General Employee, either voluntarily or by discharge, and is not eligible for any other benefits under this System, the Member shall be entitled to the following: 1. If the Member has less than five (5) years Credited Service upon termination, the Member shall be entitled to a refund of his Accumulated Contributions or the Member may leave it deposited with the Fund. 2. If the Member has five (5) or more years of Credited Service upon termination, the Member shall be entitled to a monthly retirement benefit, determined in the same manner as for normal or early retirement and based upon the Member's Credited Service, Average Final Compensation and the benefit accrual rate as of the date of termination, payable to him commencing at age 65, or age 55 reduced as for early retirement from age 65, provided he does not elect to withdraw his Accumulated Contributions and provided the Member survives to his otherwise normal or early retirement date. If the Member does not withdraw his Accumulated Contributions and does not survive to his otherwise normal or early retirement date, his designated Beneficiary shall be entitled to a benefit as provided herein for a deceased Member, vested or eligible for retirement under pre -retirement death. SECTION 10. OPTIONAL FORMS OF BENEFITS. 1. In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified herein, a Member, upon written request to the Board may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options: A. A retirement income of a modified monthly amount, payable to the Member during the lifetime of the Member and following the death of the Member, 100%, 75%, 66-2/3% or 50% of such monthly amount payable to a joint pensioner for his lifetime. Except where the Retiree's joint pensioner is his Spouse, the payments to the joint pensioner as a percentage of the payments to the Retiree Ordinance No. 1141 Page 12 of 35 Language to be added is double undedined. Language to be deleted is stN"reuo. shall not exceed the applicable percentage provided for in the applicable table in the Treasury regulations. (See Q & A-2 of 1.401(a)(9)-6) B. A retirement income of a modified monthly amount for the lifetime of the Member only. C. If a Member retires prior to the time at which social security benefits are payable, he may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the entire period of retirement. The amounts payable shall be as recommended by the actuaries for the System, based upon the social security law in effect at the time of the Member's retirement. This option may be combined with other optional forms of benefits. D. For any Member who does not participate in the DROP pursuant to Section 28, a lump sum payment payable to the Retiree equal to twenty percent (20%) of the total actuarial equivalent value of the Retiree's accrued benefit at the date of retirement with the remaining eighty percent (80%) payable to the Retiree in a form selected by the Retiree and provided for in A, B or C above or in the normal form (10 year certain and life). A Retiree who is a participant in the Deferred Retirement Option Plan shall not be eligible to select this partial lump sum option. 2. The Member, upon electing any option of this Section, will designate the joint pensioner (subsection 1.A. above) or Beneficiary (or Beneficiaries) to receive the benefit, if any, payable under the System in the event of Member's death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one or more primary Beneficiaries where applicable. If a Member has elected an option with a joint pensioner or Beneficiary and Member's retirement income benefits have commenced, Member may thereafter change his designated Beneficiary at any time, but may change his joint pensioner only if the designated joint pensioner and the Member were married at the time of Member's retirement and are divorced subsequent thereto and the joint pensioner is alive at the time of the change. In the absence of proof of good health of the joint pensioner being replaced, the actuary will assume that the joint pensioner has deceased for purposes of calculating the new payment. 3. The consent of a Member's or Retiree's joint pensioner or Beneficiary to any such change shall not be required. The rights of all previously -designated Beneficiaries to receive benefits under the System shall thereupon cease. 4. Upon change of a Retiree's joint pensioner in accordance with this Section, the amount of the retirement income payable to the Retiree shall be actuarially determined to take into account the age and sex of the former joint pensioner, the new joint pensioner and the Retiree. Any such Retiree shall pay the actuarial recalculation expenses. Each request for a change will be made in writing on a form prepared by the Board and on completion will be filed with the Board. In the event that no designated Beneficiary survives the Retiree, such benefits as are payable in the event of the death of the Retiree subsequent to his retirement shall be paid as provided in Section 11. 5. Retirement income payments shall be made under the option elected in accordance with the provisions of this Section and shall be subject to the following limitations: A. If a Member dies prior to his normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under Section 7. B. If the designated Beneficiary (or Beneficiaries) or joint pensioner dies before the Member's retirement under the System, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the Member upon his retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this Section or a new Beneficiary is designated by the Member prior to his retirement. Ordinance No. 1141 Page 13 of 35 Language to be added is do bl. Language to be deleted is 5V-uGk thredgh. C. If both the retired Member .and the Beneficiary (or Beneficiaries) designated by Member or Retiree die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provisions of subsection 1, the Board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 11. D. If a Member continues beyond his normal retirement date pursuant to the provisions of Section 6, subsection 1, and dies prior to his actual retirement and while an option made pursuant to the provisions of this Section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a Beneficiary (or Beneficiaries) designated by the Member in the amount or amounts computed as if the Member had retired under the option on the date on which his death occurred. E. The Member's benefit under this Section must begin to be distributed to the Member no later than April 1 of the calendar year following the later of the calendar year in which the Member attains age seventy and one-half (701/2) or the calendar year in which the Member terminates employment with the City: 6. A Retiree may not change his retirement option after the date of cashing or depositing his first retirement check. 7. Notwithstanding anything herein to the contrary, the Board in its discretion, may elect to make a lump sum payment to a Member or a Member's Beneficiary in the event that the total commuted value of the monthly income payments to be paid do not exceed one thousand dollars ($1,000). Any such payment made to any person pursuant to the power and discretion conferred upon the Board by the preceding sentence shall operate as a complete discharge of all obligations under the System with regard to .such Member. and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. SECTION 11. BENEFICIARIES. 1. Each Member or Retiree may, on a form provided for that purpose, signed and filed with the Board, designate a Beneficiary (or Beneficiaries) to receive the benefit, if any, which may be payable in the event of his death. Each designation may be revoked or changed by such Member or Retiree by signing and filing with the Board a new designation -of -beneficiary form. Upon such change, the rights of all previously designated Beneficiaries to receive any benefits under the System shall cease. 2. If a deceased Member or Retiree failed to name a Beneficiary in the manner prescribed in subsection 1, or if the Beneficiary (or Beneficiaries) named by a deceased Member or Retiree predeceases the Member or Retiree, the death benefit, if any, which may be payable under the System with respect to such deceased Member or Retiree, shall be paid to the estate of the Member or Retiree and the Board, in its discretion, may direct that the commuted value of the remaining monthly income benefits be paid in a lump sum. 3. Any payment made to any person pursuant to this Section shall operate as a complete discharge of all obligations under the System with regard to the deceased Member and any other persons with rights under the System and shall not be subject to review by anyone but shall be final, binding and conclusive on all persons ever interested hereunder. SECTION 12. CLAIMS PROCEDURES. 1. The Board shall establish administrative claims procedures to be utilized in processing written requests ("claims"), on matters which affect the substantial rights of any person ("Claimant"), including Members, Retirees, Beneficiaries, or any person affected by a decision of the Board. 2. The Board shall have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and at any proceedings provided for in the Board's claims procedures. The Claimant may request in writing the issuance Ordinance No. 1141 Page 14 of 35 Language to be added is do ibl and .din d. Language to be deleted is stfaskAmugh. of subpoenas by the Board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in Florida Statutes. SECTION 13. ROSTER OF RETIREES. The Secretary of the Board shall keep a record of all persons enjoying a pension under the provisions of this ordinance in which it shall be noted the time when the pension is allowed and when the same shall cease to be paid. Additionally, the Secretary shall keep a record of all Members employed by the City in such a manner as to show the name, address, date of employment and date of termination of employment. SECTION 14. MAXIMUM PENSION. 1. Basic Limitation. Notwithstanding any other provisions of this System to the contrary, the Member contributions paid to, and retirement benefits paid from, the System shall be limited to such extent as may be necessary to conform to the requirements of Code Section 415 for a qualified retirement plan. Before January 1, 1995, a plan member may not receive an annual benefit that exceeds the limits specified in Code Section 415(b), subject to the applicable adjustments in that section. On and after January 1, 1995, a plan member may not receive an annual benefit that exceeds the dollar amount specified in Code Section 415(b)(1)(A) ($160,000), subject to the applicable adjustments in Code Section 415(b) and subject to any additional limits that may be specified in this System. For purposes of this Section, "limitation year" shall be, the calendar year. For purposes of Code Section 415(b), the "annual benefit" means a benefit payable annually in the form of a straight life annuity (with no ancillary benefits) without regard to the benefit attributable to after-tax employee contributions (except pursuant to Code Section 415(n) and to rollover contributions (as defined in Code Section 415(b)(2)(A)). The "benefit attributable" shall be determined in accordance with Treasury Regulations. 2. Adjustments to Basic Limitation for Form of Benefit. If the benefit under the plan is other than the annual benefit described in subsection 1, then the benefit shall be adjusted so that it is the equivalent of the annual benefit, using factors prescribed in Treasury Regulations. If the form of the benefit without regard to any automatic benefit increase feature is not a straight life annuity or a qualified joint and survivor annuity, then the preceding sentence is applied by either reducing the Code Section 415(b) limit applicable at the annuity starting date or adjusting the form of benefit to an actuarially equivalent amount (determined using the assumptions specified in Treasury Regulation Section 1.415(b)-1(c)(2)(ii)) that takes into account the additional benefits under the form of benefit as follows: A. For a benefit paid in a form to which Section 417(e)(3) of the Code does not apply (generally, a monthly benefit), the actuarially equivalent straight life annuity benefit that is the greater of: (1) The annual amount of the straight life annuity (if any) payable to the Member under the Plan commencing at the same annuity starting date as the form of benefit to the Member, or (2) The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the form of benefit payable to the Member, computed using a five percent (5%) interest assumption (or the applicable statutory interest assumption) and (1) for years prior to January 1, 2009, the applicable mortality tables described in Treasury Regulation Section 1.417(e)-1(d)(2) (Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Rulings 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in Section 417(e)(3)(B) of the Code (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing Section 417(e)(3)(B) of the Code); or Ordinance No. 1141 Page 15 of 35 Language to be added is do ibl . and .din .d. Language to be deleted is 64uek4hredgh. B. For a benefit paid in a form to which Section 417(e)(3) of the Code applies (generally, a lump sum benefit), the actuarially equivalent straight life annuity benefit that is the greatest of: (1) The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable, computed using the interest rate and mortality table, or tabular factor, specified in the Plan for actuarial experience; (2) The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable, computed using a five and one half percent (5.5%) interest assumption (or the applicable statutory interest assumption) and (1) for years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulation Section 1.417(e)-1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Ruling 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in Section 417(e)(3)(B) of the Code (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing section 417(e)(3)(B) of the Code); or (3) The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable (computed using the applicable interest rate for the distribution under Treasury Regulation Section 1.417(e)-1(d)(3) (the 30-year Treasury rate (prior to January 1, 2007, using the rate in effect for the month prior to retirement, and on and after January 1, 2007, using the rate in effect for the first day of the Plan Year with a one-year stabilization period)) and (1) for years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulation Section 1.417(e)-1(d)(2) (the mortality table specified in Revenue Ruling 2001-62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Ruling 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in Section 417(e)(3)(B) of the Code (Notice 2008-85 or any subsequent Internal Revenue Service guidance implementing Section 417(e)(3)(B) of the Code), divided by 1.05. C. The actuary may adjust the 415(b) limit at the annuity starting date in accordance with subsections A. and B above. 3. Benefits Not Taken into Account. For purposes of this Section, the following benefits shall not be taken into account in applying these limits: A. Any ancillary benefit which is not directly related to retirement income benefits; B. Any other benefit not required under §415(b)(2) of the Code and Regulations thereunder to be taken into account for purposes of the limitation of Code Section 415(b)(1); and C. That portion of any joint and survivor annuity that constitutes a qualified joint and survivor annuity. 4. COLA Effect. Effective on and after January 1, 2003, for purposes of applying the limits under Code Section 415(b) (the "Limit"), the following will apply: A. A Member's applicable limit will be applied to the Member's annual benefit in the Member's first limitation year of benefit payments without regard to any automatic cost of living adjustments; B. thereafter, in any subsequent limitation year, a Member's annual benefit, including any automatic cost of living increases, shall be tested under the -then applicable benefit limit including any adjustment to the Code Section 415(b)(1)(A) dollar limit under Code Section 415(d), and the regulations thereunder; but Ordinance No. 1141 Page 16 of 35 Language to be added is do ibldoi P undedined. Language to be deleted is stcusk4hr%0. C. in no event shall a Member's benefit payable under the System in any limitation year be greater than the limit applicable at the annuity starting date, as increased in subsequent years pursuant to Code Section 415(d) and the regulations thereunder. Unless otherwise specified in the System, for purposes of applying the limits under Code Section 415(b), a Member's applicable limit will be applied taking into consideration cost of living increases as required by Section 415(b) of the Code and applicable Treasury Regulations. 5. Other Adiustments in Limitations. A. In the event the Member's retirement benefits become payable before age sixty-two (62), the limit prescribed by this Section shall be reduced in accordance with regulations issued by the Secretary of the Treasury pursuant to the provisions of Code Section 415(b) of the Code, so that such limit (as so reduced) equals an annual straight life benefit (when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000) annual benefit beginning at age sixty-two (62). B. In the event the Member's benefit is based on at least fifteen (15) years of Credited Service as a full-time employee of the police or fire department of the City, the adjustments provided for in A. above shall not apply. C. The reductions provided for in A. above shall not be applicable to disability benefits pursuant to Section 8, or pre -retirement death benefits paid pursuant to Section 7. D. In the event the Member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limit set forth in subsection 1 herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. 6. Less than Ten (10) Years of Participation. The maximum retirement benefits payable under this Section to any Member who has completed less than ten (10) years of participation shall be the amount determined under subsection 1 of this Section multiplied by a fraction, the numerator of which is the number of the Member's years of participation and the denominator of which is ten (10). The reduction provided by this subsection cannot reduce the maximum benefit below 10% of the limit determined without regard to this subsection. The reduction provided for in this subsection shall not be applicable to pre -retirement disability benefits paid pursuant to Section 8, or pre -retirement death benefits paid pursuant to Section 7. 7. Participation in Other Defined Benefit Plans. The limit of this Section with respect to any Member who at any time has been a member in any other defined benefit plan as defined in Code Section 4140) maintained by the City shall apply as if the total benefits payable under all City defined benefit plans in which the Member has been a member were payable from one plan. 8. Ten Thousand Dollar ($10,000) Limit; Less Than Ten Years of Service. Notwithstanding anything in this Section 14, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limit set forth in this subsection 8. of Section 14 if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable limitation year or for any prior limitation year, and the City has not at any time maintained a qualified defined contribution plan in which the Member participated; provided, however, that if the Member has completed less than ten (10) years of Credited Service with the City, the limit under this subsection 8. of Section 14 shall be a reduced limit equal to ten thousand dollars ($10,000) multiplied by a fraction, the numerator of which is the number of the Member's years of Credited Service and the denominator of which is ten (10). Ordinance No. 1141 Page 17 of 35 Language to be added is double underlined. Language to be deleted is stfuGk mum. 9. Reduction of Benefits. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the Member's benefit under any defined benefit plans in which Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be determined by the Board and the plan administrator of .such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the Board and the plan administrator of all other plans covering such Member. 10. Service Credit Purchase Limits. A. Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, if a Member makes one or more contributions to purchase permissive service credit under the System, as allowed in Section 23 and 27, then the requirements of this Section will be treated as met only if: (1) the requirements of Code Section 415(b) are met, determined by treating the accrued benefit derived from all such contributions as an annual benefit for purposes of Code Section 415(b), or (2) the requirements of Code Section 415(c) are met, determined by treating all such contributions as annual additions for purposes of Code Section 415(c). For purposes of applying subparagraph (1), the System will not fail to meet the reduced limit under Code Section 415(b)(2)(c) solely by reason of this subparagraph, and for purposes of applying subparagraph (2) the System will not fail to meet the percentage limitation under Section 415(c)(1)(B) of the Code solely by reason of this subparagraph. B. For purposes of this subsection the term "permissive service credit" means service credit— (1) recognized by the System for purposes of calculating a Member's benefit under the plan, (2) which such Member has not received under the plan, and (3) which such Member may receive only by making a voluntary additional contribution, in an amount determined under the System, which does not exceed the amount necessary to fund the benefit attributable to such service credit. Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, such term may, if otherwise provided by the System, include service credit for periods for which there is no performance of service, and, notwithstanding clause B.(2), may include service credited in order to provide an increased benefit for service credit which a Member is receiving under the System. 11. Contribution Limits. A. For purposes of applying the Code Section 415(c) limits which are incorporated by reference and for purposes of this subsection 11., only and for no other purpose, the definition of compensation where applicable will be compensation actually paid or made available during a limitation year, except as noted below and as permitted by Treasury Regulations Section 1.415(c)-2, or successor regulations. Unless another definition of compensation that is permitted by Treasury Regulations Section 1.415(c)-2, or successor regulation, is specified by Ordinance No. 1141 Page 18 of 35 Language to be added is do i�n . Language to be deleted is stfusk-thFough. the System, compensation will be defined as wages within the meaning of Code Section 3401(a) and all other payments of compensation to an employee by an employer for which the employer is required to furnish the employee a written statement under Code Sections 6041(d), 6051(a)(3) and 6052 and will be determined without regard to any rules under Code Section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in Code Section 3401(a)(2). (1) However, for limitation years beginning after December 31, 1997, compensation will also include amounts that would otherwise be included in compensation but for an election under Code Sections 125(a), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b). For limitation years beginning after December 31, 2000, compensation will also include any elective amounts that are not includible in the gross income of the employee by reason of Code Section 132(f)(4). (2) For limitation years beginning on and after January 1, 2007, compensation for the limitation year will also include compensation. paid by the later of 21/2 months after an employee's severance from employment or the end of the limitation year that includes the date of the employee's severance from employment if: (a) the payment is regular compensation for services during the employee's regular working hours, or compensation for services outside the employee's regular working hours (such as overtime or shift differential), commissions, bonuses or other similar payments, and, absent a severance from employment, the payments would have been paid to the employee while the employee continued in employment with the employer; or (b) the payment is for unused accrued bona fide sick, vacation or other leave that the employee would have been able to use if employment had continued. (3) Back pay, within the meaning of Treasury Regulations Section 1.415(c)-2(g)(8), shall be treated as compensation for the limitation year to which the back pay relates to the extent the back pay represents wages and compensation that would otherwise be included under this definition. B. Notwithstanding any other provision of law to the contrary, the Board may modify a request by a Member to make a contribution to the System if the amount of the contribution would exceed the limits provided in Code Section 415 by using the following methods: (1) If the law requires a lump sum payment for the purchase of service credit, the Board may establish a periodic payment deduction plan for the Member to avoid a contribution in excess of the limits under Code Sections 415(c) or 415(n). (2) If payment pursuant to subparagraph (1) will not avoid a contribution in excess of the limits imposed by Code Section 415(c), the Board may either reduce the Member's contribution to an amount within the limits of that section or refuse the Member's contribution. C. If the annual additions for any Member for a limitation year exceed the limitation under Section 415(c) of the Code, the excess annual addition will be corrected as permitted under the Employee Plans Compliance Resolution System (or similar IRS correction program). D. For limitation years beginning on or after January 1, 2009, a Member's compensation for purposes of this subsection 11. shall not exceed the annual limit under Section 401(a)(17) of the Code. Ordinance No. 1141 Page 19 of 35 Language to be added is do ubl . and .rlin d, Language to be deleted is stras#-threup. 12. Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously participated in such System, on or after January 1, 1980, shall not exceed one hundred percent (100%) of his Average Final Compensation. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. B. No. Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 1223, Title 10, U.S. Code. 13. Effect of Direct Rollover on 415(b) Limit. If the plan accepts a direct rollover of an employee's or former employee's benefit from a defined contribution plan qualified under Code Section 401(a) which is maintained by the employer, any annuity resulting from the rollover amount that is determined using a more favorable actuarial basis than required under Code Section 417(e) shall be included in the annual benefit for purposes of the limit under Code Section 415(b). SECTION 15. MINIMUM DISTRIBUTION OF BENEFITS. 1. General Rules. A. Effective Date. Effective as of January 1, 1989, the Plan will pay all benefits in accordance with a good faith interpretation of the requirements of Code Section 401(a)(9) and the regulations in effect under that section, as applicable to a governmental plan within the meaning of Code Section 414(d). Effective on and after January 1, 2003, the Plan is also subject to the specific provisions contained' in this Section. The provisions of this Section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. B. Precedence. The requirements of this Section will take precedence over any inconsistent provisions of the Plan. C. TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this Section other than this subsection 1.C., distributions may be made under a designation made before January 1, 1984, in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that related to Section 242(b)(2) of TEFRA. 2. Time and Manner of Distribution. A. Required Beginning Date. The Member's entire interest will be distributed, or begin to be distributed, to the Member no later than the Member's required beginning date which shall not be later than April 1 of the calendar year following the later of the calendar year in which the Member attains age seventy and one-half (70 1/2) or the calendar year in which the Member terminates employment with the City. B. Death of Member Before Distributions Begin. If the Member dies before distributions begin, the Member's entire interest will be distributed, or begin to be distributed no later than as follows: (1) If the Member's surviving spouse is the Member's sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Member died, or by a date on or before December 31 of the calendar year in which the Member would have attained age 70 1/2, if later, as the surviving spouse elects. Ordinance No. 1141 Page 20 of 35 Language to be added is double undedined. Language to be deleted is staisk4hreu0. (2) If the Member's surviving spouse is not the Member's sole designated beneficiary, then, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Member died. (3) If there is no designated beneficiary as of September 30 of the year following the year of the Member's death, the Member's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Member's death. (4) If the Member's surviving spouse is the Member's sole designated beneficiary and the surviving spouse dies after the Member but before distributions to the surviving spouse begin, this subsection 2.B., other than subsection 2.13.(1), will apply as if the surviving spouse were the Member. For purposes of this subsection 2.B., distributions are considered to begin on the Member's required beginning date or, if subsection 2.B.(4) applies, the date of distributions are required to begin to the surviving spouse under subsection 2.13.(1). If annuity payments irrevocably commence to the Member before the Member's required beginning date (or to the Member's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection 2.13.(1)), the date distributions are considered to begin is the date distributions actually commence. C. Death After Distributions Begin. If the Member dies after the required distribution of benefits has begun, the remaining portion of the Member's interest must be distributed at least as rapidly as under the method of distribution before the Member's death. D. Form of Distribution., Unless the Member's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with this Section. If the Member's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Section 401(a)(9) of the Code and Treasury regulations. Any part of the Member's interest which is in the form of an individual account described in Section 414(k) of the Code will be distributed in a manner satisfying the requirements of Section 401(a)(9) of the Code and Treasury regulations. that apply to individual accounts. 3. Determination of Amount to be Distributed Each Year. A. General Requirements. If the Member's interest is paid in the form of annuity distributions under the Plan, payments under the annuity will satisfy the following requirements: (1) The annuity distributions will be paid in periodic payments made at intervals not longer than one year. (2) The Member's entire interest must be distributed pursuant to Section 6, Section 7, Section 9, or Section 10 (as applicable) and in any event over a period equal to or less than the Member's life or the lives of the Member and a designated beneficiary, or over a period not extending beyond the life expectancy of the Member or of the Member and a designated beneficiary. The life expectancy of the Member, the Member's spouse, or the Member's beneficiary may not be recalculated after the initial determination for purposes of determining benefits. B. AmountRequired to be Distributed by Required Beginning Date. The amount that must be distributed on or before the Member's required beginning date (or, if the Member dies before distributions begin, the date distributions are required to begin under Section 7) is the payment that is required for one payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment Ordinance No. 1141 Page 21 of 35 Language to be added is doble underlined. Language to be deleted is strusk#reu0. intervals are the periods for which payments are received, e.g., monthly. All of the Member's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the Member's required beginning date. C. Additional Accruals After First Distribution Calendar Year. Any additional benefits accruing to the Member in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. 4. General Distribution Rules. A. The amount of an annuity paid to a Member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of Code Section 401(a)(9)(G), and effective for any annuity commencing on or after January 1, 2008, the minimum distribution incidental benefit rule under Treasury Regulation Section 1.401(a)(9)-6, Q&A-2. B. The death and disability benefits provided by the Plan are limited by the incidental benefit rule set forth in Code Section 401(a)(9)(G) and Treasury Regulation Section 1.401-1(b)(1)(1) or any successor regulation thereto. As a result, the total death or disability benefits payable may not exceed 25% of the cost for all of the Members' benefits received from the retirement system. 5. Definitions. A. Designated Beneficiary. The individual who is designated as the beneficiary under the Plan and is the designated beneficiary under Section 401(a)(9) of the Code and Section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations. B. Distribution Calendar Year. A calendar year for which a minimum distribution is required. For distributions beginning before the Member's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the Member's required beginning date. For distributions beginning after the Member's death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to Section 7. SECTION 16. MISCELLANEOUS PROVISIONS. 1. Interest of Members in System. All assets of the Fund are held in trust, and at no time prior to the satisfaction of all liabilities under the System with respect to Members and their Spouses or Beneficiaries, shall any part of the corpus or income of the Fund be used for or diverted to any purpose other than for their exclusive benefit. 2. No Reduction of Accrued Benefits. No amendment or ordinance shall be adopted by the City Council of the City of Okeechobee which shall have the effect of reducing the then vested accrued benefits of Members or a Member's Beneficiaries. 3. Qualification of System. It is intended that the System will constitute a qualified pension plan under the applicable provisions of the Code for a qualified plan under Code Section 401(a) and a governmental plan under Code Section 414(d), as now in effect or hereafter amended. Any modification or amendment of the System may be made retroactively, if necessary or appropriate, to qualify or maintain the System as a Plan meeting the requirements of the applicable provisions of the Code as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. 4. Use of Forfeitures. Forfeitures arising from terminations of service of Members shall serve only to reduce future City contributions. 5. Prohibited Transactions. Effective as of January 1, 1989, a Board may not engage in a transaction prohibited by Code Section 503(b). Ordinance No. 1141 Page 22 of 35 Language to be added is dQ ble undedined. Language to be deleted is skask4hFo*. 6. USERRA. Effective December 12, 1994, notwithstanding any other provision of this System, contributions, benefits and service credit with respect to qualified military service are governed by Code Section 414(u) and the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended. To the extent that the definition of "Credited Service" sets forth contribution requirements that are more favorable to the Member than the minimum compliance requirements, the more favorable provisions shall apply. 7. Vesting. A. Member will be 100% vested in all benefits upon attainment of the Plan's age and service requirements for the Plan's normal retirement benefit; and B. A Member will be 100% vested in all accrued benefits, to the extent funded, if the Plan is terminated or experiences a complete discontinuance of employer contributions. 8. Electronic Forms. In those circumstances where a written election or consent is not required by the Plan or the Code, an oral, electronic, or telephonic form in lieu of or in addition to a written form may be prescribed by the Board. However, where applicable, the Board shall comply with Treas. Reg. § 1.401(a)-21. SECTION 17. REPEAL OR TERMINATION OF SYSTEM. 1. This ordinance establishing the System and Fund, and subsequent ordinances pertaining to said System and Fund, may be modified, terminated, or amended, in whole or in part; provided that if this or any subsequent ordinance shall be amended or repealed in its application to any person benefitting hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the Member or Beneficiary shall not be affected thereby. 2. If this ordinance shall be repealed, or if contributions to the System are discontinued or if there is a transfer, merger or consolidation of government units, services or functions as provided in Chapter 121, Florida Statutes, the Board shall continue to administer the System in accordance with the provisions of this ordinance, for the sole benefit of the then Members, any Beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one of the options provided for in this ordinance who are designated by any of said Members. In the event of repeal, discontinuance of contributions, or transfer, merger or consolidation of government units, services or functions, there shall be full vesting (100%) of benefits accrued to date of repeal and such benefits shall be nonforfeitable. 3. The fund shall be distributed in accordance with the following procedures: A. The Board shall determine the date of distribution and the asset value required to fund all the nonforfeitable benefits after taking into account the expenses of such distribution. The Board shall inform the City if additional assets are required, in which event the City shall continue to financially support the Plan until all nonforfeitable benefits have been funded. B. The Board shall determine the method of distribution of the asset value, whether distribution shall be by payment in cash, by the maintenance of another or substituted trust fund, by the purchase of insured annuities, or otherwise, for each General Employee entitled to benefits under the plan as specified in subsection C. C. The Board shall distribute the asset value as of the date of termination in the manner set forth in this subsection, on the basis that the amount required to provide any given retirement income is the actuarially computed single -sum value of such retirement income, except that if the method of distribution determined under subsection B. involves the purchase of an insured annuity, the amount required to provide the given retirement income is the single premium payable for such annuity. The actuarial single -sum value may not be less than the General Employee's Accumulated Contributions to the Plan, with interest if provided by the Plan, less the value of any plan benefits previously paid to the General Employee. Ordinance No. 1141 Page 23 of 35 Language to be added is do ibl and din .d. Language to be deleted is s#ask-tbreuo. D. If there is asset value remaining after the full distribution specified in subsection C., and after the payment of any expenses incurred with such distribution, such excess shall be returned to the City. E. The Board shall distribute, in accordance with subsection B., the amounts determined under subsection C. SECTION 18. DOMESTIC RELATIONS ORDERS; RETIREE DIRECTED PAYMENTS; EXEMPTION FROM EXECUTION, NON -ASSIGNABILITY. 1. Domestic Relations Orders. A. Prior to the entry of any domestic relations order which affects or purports to affect the System's responsibility in connection with the payment of benefits of a Retiree, the Member or Retiree shall submit the proposed order to the Board for review to determine whether the System may legally honor the order. B. If a domestic relations order is not submitted to the Board for review prior to entry of the order, and the System is ordered to take action that it may not legally take, and the System expends administrative or legal fees in resolving the matter, the Member or Retiree who submits such an order will be required to reimburse the System for its expenses in connection with the order. 2. Retiree Directed Payments. The Board may, upon written request by a Retiree or by a dependent, when authorized by a Retiree or the Retiree's Beneficiary, authorize the System to withhold from the monthly retirement payment those funds that are necessary to pay for the benefits being received through the City, to pay the certified bargaining agent of the City, and to make any payments for child support or alimony. 3. Exemption from Execution, Non -Assignability. Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this ordinance and the Accumulated Contributions and the cash securities in the Fund created under this ordinance are hereby exempted from any state, county or municipal tax and shall not be subject to execution, attachment, garnishment or any legal process whatsoever and shall be unassignable. SECTION 19. PENSION VALIDITY. The Board shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. The Board is empowered to purge the pension rolls or correct the pension amount of any person heretofore granted a pension under prior or existing law or any person hereafter granted a pension under this ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall hereafter under this ordinance be erroneously, improperly or illegally classified. Any overpayments or underpayments shall be corrected and paid or repaid in a reasonable manner determined by the Board. SECTION 20. FORFEITURE OF PENSION. 1. Any Member who is convicted of the following offenses committed prior to retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this System, except for the return of his Accumulated Contributions, but without interest, as of the date of termination. Specified offenses are as follows: A. The committing, aiding or abetting of an embezzlement of public funds; B. The committing, aiding or abetting of any theft by a public officer or employee from employer; C. Bribery in connection with the employment of a public officer or employee; D. Any felony specified in Chapter 838, Florida Statutes; Ordinance No. 1141 Page 24 of 35 Language to be added is double undedine L Language to be deleted is s4u*#rGuo. E. The committing of an impeachable offense; F. The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employment position; or G. The committing on or after October 1, 2008, of any felony defined in Section 800.04, Florida Statutes, against a victim younger than sixteen (16) years of age, or any felony defined in Chapter 794, Florida Statutes, against a victim younger than eighteen (18) years of age, by a public officer or employee through the use or attempted use of power, rights, privileges, duties, or position of his or her public office or employment position. 2. Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. 3. Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. Prior to forfeiture, the Board shall hold a hearing on which notice shall be given to the Member whose benefits are being considered for forfeiture. Said Member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the Member shall be afforded a full opportunity to present his case against forfeiture. 4. Any Member who has received benefits from the System in excess of his Accumulated Contributions after Member's rights were forfeited shall be required to pay back to the Fund the amount of the benefits received in excess of his Accumulated Contributions, but without interest. The Board may implement all legal action necessary to recover such funds. SECTION 21. INDEMNIFICATION. 1. To the extent not covered by insurance contracts in force from time to time, the City shall indemnify, defend and hold harmless members of the Board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "claims", against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the Board. The City reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify, defend and hold harmless any members of the Board from the judgment, execution, or levy thereon. 2. This Section shall not be construed so as to relieve any insurance company or other entity liable to defend the claim or liable for payment of the judgment or claim, from any liability, nor does this Section waive any provision of law affording the City immunity from any suit in whole or part, or waive any other substantive or procedural rights the City may have. 3. This Section shall not apply nor shall the City be responsible in any manner to defend or pay for claims arising out of acts or omissions of members of the Board which constitute felonies or gross malfeasance or gross misfeasance in office. SECTION 22. TRANSFERS WITHIN THE CITY. If a member of any of the City's three retirement systems transfers to either of the other two systems, he must choose one of the following procedures with regard to Credited Service accrued to date of transfer. Ordinance No. 1141 Page 25 of 35 Language to be added is do ibl . and -din .d. Language to be deleted is s#usk-thmugh. 1. The Member may take a refund of his Accumulated Contributions, in which event no pension benefit shall be payable based on Credited Service attributable to the period covered. 2. The member may leave his Accumulated Contributions in the fund in which event his Credited Service with both systems shall be combined for purposes of determining eligibility for benefits and for vesting. When the member is eligible to receive a benefit, he shall receive benefits from both systems, which shall consist of accrued benefits under each system based on the provisions of the respective system and the earnings and Credited Service under that system. SECTION 23. MILITARY SERVICE PRIOR TO EMPLOYMENT. The years or fractional parts of years that a General Employee serves or has served on active duty in the active military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, honorably or under honorable conditions, prior to first and initial employment with the City shall be added to his years of Credited Service provided that: 1. The Member contributes to the Fund the sum that he would have contributed, based on his Salary and the Member contribution rate in effect at the time that the Credited Service is requested, had he been a member of the System for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of years of Credited Service. 2. Multiple requests to purchase Credited Service pursuant to this Section may be made at any time prior to retirement. 3. Payment by the Member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section shall be four (4) years. 5. Credited Service purchased pursuant to this section shall not count toward vesting. SECTION 24. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS, ELIMINATION OF MANDATORY DISTRIBUTIONS. 1. Rollover Distributions. A. General. This Section applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. B. Definitions. (1) Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Code; and the portion of any distribution that is not includible in gross income. Effective January 1, 2002, any portion of any distribution which would be includible in gross income as after-tax employee contributions will be an eligible rollover distribution if the distribution is made to an individual retirement Ordinance No. 1141 Page 26 of 35 Language to be added is double underlined, Language to be deleted is skuek- Feugb. account described in section 408(a)= to an individual retirement annuity described in section 408(b)_ eF to a qualified defined contribution plan described in section 401(a) or 403(a) that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible; or on or after January 1, 2007, to a qualified defined benefit plan described in Code Section 401(a) or to an annuity contract described in Code Section 403(b), that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible. (2) Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the Code; an individual retirement annuity described in section 408(b) of the Code; an annuity plan described in section 403(a) of the Code, effective January 1, 2002, an eligible deferred compensation plan described in section 457(b) of the Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Code and which agrees to separately account for amounts transferred into such plan from this plan; effective January 1, 2002, an annuity contract described in section 403(b) of the Code; a qualified trust described in section 401(a) of the Code; or effective January 1, 2008, a Roth IRA described in Section 408A of the Code, that accepts the distributee's eligible rollover distribution. This definition shall also apply in the case of an eligible rollover distribution to the surviving Spouse. (3) Distributee: A distributee includes an employee or former employee. It also includes the employee's or former employee's surviving Spouse and the employee's or former employee's spouse or former spouse. Effective January 1, 2007, it further includes a nonspouse beneficiary who is a designated beneficiary as defined by Code Section 401(a)(9)(E). However, a nonspouse beneficiary may rollover the distribution only to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribution and the account or annuity will be treated as an "inherited" individual retirement account or annuity. (4) Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. 2. Rollovers or Transfers into the Fund. On or after January 1, 2002, the System will accept, solely for the purpose of purchasing Credited Service as provided herein, permissible Member requested transfers of funds from other retirement or pension plans, Member rollover cash contributions and/or direct cash rollovers of distributions made on or after January 1, 2002, as follows: A. Transfers and Direct Rollovers or Member Rollover Contributions from Other Plans. The System will accept either a direct rollover of an eligible rollover distribution or a Member contribution of an eligible rollover distribution from a qualified plan described in section 401(a) or 403(a) of the Code, from an annuity contract described in section 403(b) of the Code or from an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision- of a state. The System will also accept legally permissible Member requested transfers of funds from other retirement or pension plans. B. Member Rollover Contributions from IRAs. The system will accept a Member rollover contribution of the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the Code that is eligible to be rolled over. 3. Elimination of Mandatory Distributions. Notwithstanding any other provision herein to the contrary, in the event this Plan provides for a mandatory (involuntary) cash distribution from the Plan not otherwise required by law, for an amount in excess of Ordinance No. 1141 Page 27 of 35 Language to be added is douhlP and .dined. Language to be deleted is stwsk4hFGU0. one -thousand dollars ($1,000.00), such distribution shall be made from the Plan only upon written request of the Member and completion by the Member of a written election on forms designated by the Board, to either receive a cash lump sum or to rollover the lump sum amount. SECTION 25. REEMPLOYMENT AFTER RETIREMENT. 1. Any Retiree who is retired under this System, except for disability retirement as previously provided for, may be reemployed by any public or private employer, except the City, and may receive compensation from that employment without limiting or restricting in any way the retirement benefits payable under this System. Reemployment by the City shall be subject to the limitations set forth in this Section. 2. After Normal Retirement. Any Retiree who is retired under normal retirement pursuant to this System and who is reemployed as a General Employee after that retirement and, by virtue of that reemployment, is eligible to participate in this System, shall upon being reemployed continue receipt of benefits if he is at least age sixty-two (62), otherwise the System shall discontinue receipt of benefits until he reaches age sixty-two (62). Upon reemployment, the Retiree shall be deemed to be fully vested and the additional Credited Service accrued during the subsequent employment period shall be used in computing a second benefit amount attributable to the subsequent employment period, which benefit amount shall be added to the benefit determined upon the initial retirement to determine the total benefit payable upon final retirement. Calculations of benefits upon retirement shall be based upon the benefit accrual rate, Average Final Compensation, and Credited Service as of that date (not including any period of DROP participation) and the retirement benefit amount for any subsequent employment period shall be based upon the benefit accrual rate, Average Final Compensation, and Credited Service as of the date of subsequent retirement (based only on the subsequent employment period). The amount of any death or disability benefit received as a result of a subsequent period of employment shall be reduced by the amount of accrued benefit eligible to be paid for a prior period of employment. The optional form of benefit and any joint pensioner selected upon initial retirement shall not be subject to change upon subsequent retirement except as otherwise provided herein, but the Member may select a different optional form and joint pensioner applicable to the subsequent retirement benefit. 3. Any Retiree who is retired under normal retirement pursuant to this System and who is reemployed by the City after that retirement and, by virtue of that reemployment is ineligible to participate in this System, shall, during the period of such reemployment, continue to receive retirement benefits previously earned if he is at least age sixty-two (62), otherwise the System shall discontinue receipt of benefits until he reaches age sixty-two (62). Former DROP participants shall begin receipt of benefits under these circumstances. 4. After Early Retirement. Any Retiree who is retired under early retirement pursuant to this System and who subsequently becomes an employee of the City in any capacity, shall discontinue receipt of benefits from the System until the earlier of termination of employment or such time as the reemployed Retiree reaches age sixty-two (62). A Retiree who returns to work under the provisions of this Section shall not be eligible for membership in the System, and, therefore, shall not accumulate additional Credited Service for subsequent periods of employment described in this Section, shall not be required to make contributions to the System, nor shall he be eligible for any other benefit other than the Retiree's early retirement benefit when he again becomes eligible as provided herein. Retirement pursuant to an early retirement incentive program shall be deemed early retirement for purposes of this Section if the Member was permitted to retire prior to the customary retirement date provided for in the System at the time of retirement. 5. Reemployment of Terminated Vested Persons. Reemployed terminated vested persons shall not be subject to the provisions of this Section until such time as they begin to actually receive benefits. Upon receipt of benefits, terminated vested persons shall be treated as normal or early Retirees for purposes of applying the provisions of this Section and their status as an early or normal Retiree shall be determined by the date they elect to begin to receive their benefit. Ordinance No. 1141 Page 28 of 35 Language to be added is double underlined. Language to be deleted is stfasW4;reu0. 6. DROP Participants. Retirees who are or were in the Deferred Retirement Option Plan shall, following termination of employment after DROP participation, have the options provided for in this section for reemployment. SECTION 26. ADOPTION OF PLAN BY THE OKEECHOBEE UTILITY AUTHORITY. - _ Hit The Okeechobee Utility Authority has adopted Resolution 2016-03 establishinq the Okeechobee Utility Authority Employees' Retirement System to be effective on October 1, 2016 to provide retirement and certain other benefits to full-time employees of the Okeechobee Utility Authority (QUA) QUA employees who are Members of this System on September 29 2016 former QUA employees who vested under or retired from this System on or before September 30. 2016, and the beneficiaries and joint annuitants of such Members shall become members terminated vested persons retirees ioint annuitants and beneficiaries of the OUA Retirement System as applicable on October 1. 2016. All contributions benefits assets and liabilities of this .System attributable to current and former OUA employees on September 30 2016, shall be transferred to and become contributions benefits assets and liabilities of the QUA Retirement System on October 2016 or as soon thereafter as administratively possible. On and after October 1 2016 and following the transfer of assets attributable to current and former OUA employees from this System to the OUA Retirement System, the benefits accrued by current and former QUA employees and their beneficiaries under this 5ystem shall be payable from the QUA Retirement System and this System shall have no liabjlity or responsibility for such benefit payments. SECTION 27. PRIOR GOVERNMENT SERVICE. Unless otherwise prohibited by law, the years or fractional parts of years that a general employee who was previously a member, but who terminated employment and is not otherwise entitled to credited service for such previous period of employment as a general employee, or the years or fractional parts of years that a member previously served as an employee for any governmental agency in the United States, including but not limited to federal, state or local government service, and for which he does not otherwise qualify for and receive credit under this system, shall be added to his years of credited service provided that: 1. The Member contributes to the Fund the sum that he would have contributed, based on his Salary and the Member contribution rate in effect at the time that the Credited Service is requested, had he been a member of the System for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of years of Credited Service. 2. Multiple requests to purchase Credited Service pursuant to this Section may be made at any time prior to retirement. 3. Payment by the member of the required amount shall be made within six (6) months of his or her request for credit, but, in any event, prior to retirement, and shall be made in one lump sum payment upon receipt of which Credited Service shall be given. 4. There shall be no maximum purchase of Credited Service pursuant to this Section and Credited Service purchased shall count for all purposes including vesting. Ordinance No. 1141 Page 29 of 35 Language to be added is double undedined. Language to be deleted is stf:u"FeuP. 5. In no event, however, may Credited Service be purchased pursuant to this Section for prior service with any other governmental agency, if such prior service forms or will form the basis of a retirement benefit or pension from another retirement system or plan as set forth in Section 14, subsection 12.B. SECTION 28. DEFERRED RETIREMENT OPTION PLAN. 1. Definitions. As used in this Section 28, the following definitions apply:" A. "DROP" -- The City of Okeechobee General Employees' Deferred Retirement Option Plan. B. "DROP Account" -- The account established for each DROP participant under subsection 3. C "Total return of the assets" -- For purposes of calculating earnings on a Member's DROP Account pursuant to subsection 3.13.(2)(b), for each fiscal year quarter, the percentage increase (or decrease) in the interest and dividends earned on investments, including realized and unrealized gains (or losses), of the total plan assets. 2. Participation. A. Eligibility to Participate. In lieu of terminating his employment as a General Employee, any Member who is eligible for normal retirement under the System may elect to defer receipt of such service retirement pension and to participate in the DROP. B. Election to Participate. A Member's election to participate in the DROP must be made in writing in a time and manner determined by the Board and shall be effective on the first day of the first calendar month which is at least fifteen (15) business days after it is received by the Board. C. Period of Participation. A Member who elects to participate in the DROP under subsection 2.B., shall -participate in the DROP for a period not to exceed .sixty (60) months beginning at the time his election to participate in the DROP first becomes effective. An election to participate in the DROP shall constitute an irrevocable election to resign from the service of the City not later than the date provided for in the previous sentence. A Member may participate only once. D. Termination of Participation. (1) A Member's participation in the DROP shall cease at the earlier of: (a) the end of his permissible period of participation in the DROP as determined under subsection 2.C.; or (b) termination of his employment as a General Employee. (2) Upon the Member's termination of participation in the DROP, pursuant to subsection (a) above, all amounts provided for in subsection 3.B., including monthly benefits and investment earnings and losses or interest, shall cease to be transferred from the System to his DROP Account. Any amounts remaining in his DROP Account shall be paid to him in accordance with the provisions of subsection 4. when he terminates his employment as a General Employee. (3) A Member who terminates his participation in the DROP under. this subsection 2.D. shall not be permitted to again become a participant in the DROP. E. Effect of DROP Participation on the System. (1) A Member's Credited Service and his accrued benefit under the System shall be determined on the date his election to participate in the DROP Ordinance No. 1141 Page 30 of 35 Language to be added is double undedined. Language to be deleted is &WGk thFOUP. first becomes effective. The Member shall not accrue any additional Credited Service or any additional benefits under the System (except for any supplemental benefit payable to DROP participants or any additional benefits provided under any cost -of -living adjustment for Retirees in the System) while he is a participant in the DROP. After a Member commences participation, he shall not be permitted to again contribute to the System nor shall he be eligible for disability or pre -retirement death benefits, except as provided for in Section 25, Reemployment After Retirement. (2) No amounts shall be paid to a Member from the System while the Member is a participant in the DROP. Unless otherwise specified in the System, if a Member's participation in the DROP is terminated other than by terminating his employment as a General Employee, no amounts shall be paid to him from the System until he terminates his employment as a General Employee. Unless otherwise specified in the System, amounts transferred from the System to the Member's DROP Account shall be paid directly to the Member only on the termination of his employment .as a General Employee. 3. Fundinci. A. Establishment of DROP Account. A DROP Account shall be established for each Member participating in the DROP. A Member's DROP Account shall consist of amounts transferred to the DROP under subsection 3.B., and earnings or interest on those amounts. B. Transfers From Retirement System. (1) As of the first day of each month of a Member's period of participation in the DROP, the monthly retirement benefit he would have received under the System had he terminated his employment as a General Employee and elected to receive monthly benefit payments thereunder shall be transferred to his DROP Account, except as otherwise provided for in subsection 2.D.(2). A Member's period of participation in the DROP shall be determined in accordance with the provisions of subsections 2.C. and 2.D., but in no event shall it continue past the date he terminates his employment as a General Employee. (2) Except as otherwise provided in subsection 2.D.(2), a Member's DROP Account under this subsection 3.B. shall be debited or credited with either: (a) Interest at an effective rate of six and one-half percent (6.5%) per annum compounded monthly determined on the last business day of the prior month's ending balance and credited to the Member's DROP Account as of such date (to be applicable to all current and future DROP participants); or (b) Earnings, to be' credited or debited to the Member's DROP Account, determined as of the last business day of each fiscal year quarter and debited or credited as of such date, determined as follows: The average daily balance in a Member's DROP Account shall be credited or debited at a rate equal to the net investment return realized by the System for that quarter. "Net investment return" for the purpose of this paragraph is the total return of the assets in which the Member's DROP Account is invested by the Board net of brokerage commissions, transaction costs and management fees. For purposes of calculating earnings on a Member's DROP Account pursuant to this subsection 3.B.(2)(b), brokerage commissions, transaction costs, and management fees shall be determined for each quarter by the investment consultant pursuant to contracts with fund managers as reported in the custodial Ordinance No. 1141 Page 31 of 35 Language to be added is double underlined. Language to be deleted is strask-threugh. statement. The investment consultant shall report these quarterly contractual fees to the Board. The investment consultant shall also report the net investment return for each manager and the net investment return for the total plan assets. Upon electing participation in the DROP, the Member shall elect to receive either interest or earnings on his account to be determined as provided above. The Member may, in writing, elect to change his election only once during his DROP participation. An election to change must be made prior to the end of a quarter and shall be effective beginning the following quarter. (3) A Member's DROP Account shall only be credited or debited with earnings or interest and monthly benefits while the Member is a participant in the DROP. A Member's final DROP account value for distribution to the Member upon termination of participation in the DROP shall be the value of the account at the end of the quarter immediately preceding termination of participation for participants electing the net plan return and at the end of the month immediately preceding termination of participation for participants electing the flat interest rate return, plus any monthly periodic additions made to the DROP account subsequent to the end of the previous quarter or month, as applicable, and prior to distribution. If a Member fails to terminate employment after participating in the DROP for the permissible period of DROP participation, then beginning with the Member's 1st month of employment following the last month of the permissible period of DROP participation, the Member's DROP Account will no longer be credited or debited with earnings or interest, nor will monthly benefits be transferred to the DROP account. All such non -transferred amounts shall be forfeited and continue to be forfeited while the Member is employed by the City, and no cost -of -living adjustments shall be applied to the Member's credit during such period of continued employment. A Member employed by the City after the permissible period of DROP participation will be eligible for pre -retirement death and disability benefits, and will accrue additional Credited Service, only as provided for in Section 25. 4. Distribution of DROP Accounts on Termination of Employment. A. Eligibility for Benefits. A Member shall receive the balance in his DROP Account in accordance with the provisions of this subsection 4. upon his termination of employment as a General Employee. Except as provided in subsection 4.E., no amounts shall be paid to' a Member from the DROP prior to his termination of employment as a General Employee. B. Form of Distribution. (1) Unless the Member elects otherwise, distribution of his DROP Account shall be made in a lump sum, subject to the direct rollover provisions set forth in subsection 4.F. Elections under this paragraph shall be in writing and shall be made in such time or manner as the Board shall determine. (2) If a Member dies before his benefit is paid, his DROP Account shall be paid to his Beneficiary in such optional form as his Beneficiary may select. If no Beneficiary designation is made, the DROP Account shall be distributed to the Member's estate. C. Date of Payment of Distribution. Except as otherwise provided in this subsection 4., distribution of a Member's DROP Account shall be made as soon as administratively practicable following the Member's termination of employment. Distribution of the amount in a Member's DROP account will not be made unless the Member completes a written request for distribution and a written election, on forms designated by the Board, to either receive a cash lump sum or a rollover of the lump sum amount. Ordinance No. 1141 Page 32 of 35 Language to be added is double undedined. Language to be deleted is 6taisk4hmu0. D. Proof of Death and Right of Beneficiary or Other Person. The Board may require and rely upon such proof of death and such evidence of the right of any Beneficiary or other person to receive the value of a deceased Member's DROP Account as the Board may deem proper and its determination of the right of that Beneficiary or other person to receive payment shall be conclusive. E. Distribution Limitation. Notwithstanding any other provision of this subsection 4., all distributions from the DROP shall. conform to the "Minimum Distribution Of Benefits" provisions as provided for herein. F. Direct Rollover of Certain Distributions. This subsection applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the DROP to the contrary, a distributee may elect to have any portion of an eligible rollover distribution paid in a direct rollover as otherwise provided under the System in Section 24. 5. Administration of DROP. A. Board Administers the DROP. The general administration of the DROP, the responsibility for carrying out the provisions of the DROP and the responsibility of overseeing the investment of the DROP's assets shall be placed in the Board. The members of the Board may appoint from their number such subcommittees with such powers as they shall determine; may adopt such administrative procedures and regulations as they deem desirable for the conduct of their affairs; may authorize one or more of their number or any agent to execute or deliver any instrument or make any payment on their behalf; may retain counsel, employ agents and provide for such clerical, accounting, actuarial and consulting services as they may require in carrying out the provisions of the DROP; and may allocate among themselves or delegate to other persons all or such portion of their duties under the DROP, other than those granted to them as Trustee under any trust agreement adopted for use in implementing the DROP, as they, in their sole discretion, shall decide. A Trustee shall not vote on any question relating exclusively to himself. B. Individual Accounts, -Records and Reports. The Board shall maintain records showing the operation and condition of the DROP, including records showing the individual balances in each. Member's DROP Account, and the Board shall keep in convenient form such data as may be necessary for the valuation of the assets and liabilities of the DROP. The Board shall prepare and distribute to Members participating in the DROP and other individuals or file with the appropriate governmental agencies, as the case may be, all necessary descriptions, reports, information returns, and data required to be distributed or filed for the DROP pursuant to the Code and any other applicable laws. C. Establishment of Rules. Subject to the limitations of the DROP, the Board from time to time shall establish rules for the administration of the DROP and the transaction of its business. The Board shall have discretionary authority to construe and interpret the DROP (including but not limited to determination of an individual's eligibility for DROP participation, the right and amount of any benefit payable under the DROP and the date on which any individual ceases to be a participant in the DROP). The determination of the Board as to the interpretation of the DROP or its determination of any disputed questions shall be conclusive and final to the extent permitted by applicable law. D. Limitation of Liability. (1) The Trustees shall not incur any liability individually or on behalf of any other individuals for any act or failure to act, made in good faith in relation to the DROP or the funds of the DROP. (2) Neither the Board nor any Trustee of the Board shall be responsible for any reports furnished by any expert retained or employed by the Board, but they shall be entitled to rely thereon as well as on certificates furnished by an accountant or an actuary, and on all opinions of counsel. The Board shall be fully protected with respect to any action taken or Ordinance No. 1141 Page 33 of 35 Language to be added is dDubleandBAlmd. Language to be deleted is stwsiFt mUO. suffered by it in good faith in reliance upon such expert, accountant, actuary or counsel, and all actions taken or suffered in such reliance shall be conclusive upon any person with any interest in the DROP. 6. General Provisions. A. The DROP is not a separate retirement plan. Instead, it is a program under which a Member 'who is eligible for normal retirement under the System may elect to accrue future retirement benefits in the manner provided in this Section 28 for the remainder of his employment, rather than in the normal manner provided under the plan. Upon termination of employment, a Member is entitled to a lump sum distribution of his or her DROP Account balance or may elect a rollover. The DROP Account distribution is in addition to the Member's monthly benefit. B. Notional account. The DROP Account established for such a Member is a notional account, used only for the purpose of calculation of the DROP distribution amount. It is not a separate account in the System. There is no change in the System's assets, and there is no distribution available to the Member until the Member's termination from the DROP. The Member has no control over the investment of the DROP account. C. No employer discretion. The DROP benefit is determined pursuant to a specific formula which does not involve employer discretion. D. IRC limit. The DROP Account distribution, along with other benefits payable from the System, is subject to limitation under Internal Revenue Code Section 415(b). E. Amendment of DROP. The DROP may be amended by an ordinance of the City at any time and from time to time, and retroactively if deemed necessary or appropriate, to amend in whole or in part any or all of the provisions of the DROP. However, except as otherwise provided by law, no amendment shall make it possible for any part of the DROP's funds to be used for, or diverted to, purposes other than for the exclusive benefit of persons entitled to benefits under the DROP. No amendment shall be made which has the effect of decreasing the balance of the DROP Account of any Member. F. Facility of Payment. If a Member or other person entitled to a benefit under the DROP is unable to care for his affairs because of illness or accident or is a minor, the Board shall direct that any benefit due him shall be made only to a duly appointed legal representative. Any payment so made shall be a complete discharge of the liabilities of the DROP for that benefit. G. Information. Each Member, Beneficiary or other person entitled to a benefit, before any benefit shall be payable to him or on his account under the DROP, shall file with the Board the information that it shall require to establish his rights and benefits under the DROP. H. Prevention of Escheat. If the Board cannot ascertain the whereabouts of any person to whom a payment is due under the DROP, the Board may, no earlier than three (3) years from the date such payment is due, mail a notice of such due and owing payment to the last known address of such person, as shown on the records of the Board or the City. If such person has not made written claim therefor within three (3) months of the date of the mailing, the Board may, if it so elects and upon receiving advice from counsel to the System, direct that such payment and all remaining payments otherwise due such person be canceled on the records of the System. Upon such cancellation, the System shall have no further liability therefor except that, in the event such person or his Beneficiary later notifies the Board of his whereabouts and requests the payment or payments due to him under the DROP, the amount so applied shall be paid to him in accordance with the provisions of the DROP. I. Written Elections. Notification. (1) Any elections, notifications or designations made by a Member pursuant to the provisions of the DROP shall be made in writing and filed with the Ordinance No. 1141 Page 34 of 35 Language to be added is double underlined. Language to be deleted is s#ask threup. Board in a time and manner determined by the Board under rules uniformly applicable to all employees similarly situated. The Board reserves the right to change from time to time the manner for making notifications, elections or designations by Members under the DROP if it determines after due deliberation that such action is justified in that it improves the administration of the DROP. In the event of a conflict between the provisions for making an election, notification or designation set forth in the DROP and such new administrative procedures, those new administrative procedures shall prevail. (2) Each Member or Retiree who has a DROP Account shall be responsible for furnishing the Board with his current address and any subsequent changes in his address. Any notice required to be given to a Member or Retiree hereunder shall be deemed given if directed to him at the last such address given to the Board and mailed by registered or certified United States mail. If any check mailed by registered or certified United States mail to such address is returned, mailing of checks will be suspended until such time as the Member or Retiree notifies the Board of his address. J. Benefits Not Guaranteed. All benefits payable to a Member from the DROP shall be paid only from the assets of the Member's DROP Account and neither the City nor the Board shall have any duty or liability to furnish the DROP with any funds, securities or other assets except to the extent required by any applicable law. K. Construction. (1) The DROP shall be construed, regulated and administered under the laws of Florida, except where other applicable law controls. (2) The titles and headings of the subsections in this Section 28 are for convenience only. In the case of ambiguity or inconsistency, the text rather than the titles or headings shall control. L. Forfeiture of Retirement Benefits. Nothing in this Section shall be construed to remove DROP participants from the application of any forfeiture provisions applicable to the System. DROP participants shall be subject to forfeiture of all retirement benefits, including DROP benefits. M. Effect of DROP Participation on Employment. Participation in the DROP is not a guarantee of employment and DROP participants shall be subject to the same employment standards and policies that are applicable to employees who are not DROP participants. ordinance No. 1141 Page 35 of 35 Language to, be added is bible underlined. Language to be deleted is s#ask4hhreu0. AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF OKEECHOBEE, FLORIDA AND THE OKEECHOBEE UTILITY AUTHORITY Se (�� 20 l � THIS INTERLOCAL AGREEMENT, made and entered into this 6t" day of September, 2016, by and between the City Council of the City of Okeechobee, Florida, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "City;" and the Okeechobee Utility Authority, hereinafter referred to as "OUA," or "Authority," for the Final Disposition of Shared Pension and Retirement Benefits. WITNESSETH: WHEREAS, the City and the OUA have, since inception of the Authority, operated a shared pension and retirement system for its employees, with all contributions placed within a single investment fund; and WHEREAS, at the request of the Authority, the City has agreed to permit a termination of that shared plan so that the Authority could operate its own plan with its own separate pension board of trustees and investment policies; and WHEREAS, the City is adopting Ordinance No. 1141 which will incorporate the terms of the separation and restate the details of the retirement plan of the City in the future; and WHEREAS, the actuarial financial reports for the shared pension plan for 2015 are complete, yet the reports for 2016 will not be completed until 2017, meaning the final contributions, investment returns, or losses cannot be determined until the final actuarial report is submitted; NOW, THEREFORE, for and in consideration of the premises and the mutual agreements hereinafter set forth, the City and the OUA hereby agree as follows: 1. THAT the present firms responsible for the actuary reports are Gabriel, Roeder, Smith & Co. and for auditing services, DiBartolomeo, McBee, Hartley & Barnes P.A., are complete as of September 30, 2015. 2. THAT the parties have previously agreed and directed the firms to divide the accumulated pension and retirement funds in a 60/40 split, with OUA receiving the 60% portion and the City receiving the 40% portion. 3. THAT the parties mutually agree that of the 60%, portion of the fund accruing to OUA, they will receive 80% of such fund, and the City will retain 20% of said funds pending final determination of available funds on hand at the conclusion of the Fiscal Year 2015-16 audit and actuary reports. 4. THE purpose of the retention is to determine contributions to the fund for the balance of Fiscal Year 2015-16, whether the funds investment strategy yield gains or losses to the account, determine costs associated with servicing the fund, or other variables that may affect how the remaining funds are distributed. 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'il!M sailed ayj 'sliodaJ AJen}oe pue pne g 1,-S I.OZ Jea), leos!=l aq; jo uo!snlouoo uodn iVHl '9 Exhibit 3 Sept 6, 2016 Exhibit 3 will be provided at the meeting NeIof3 Exhibit 4 CITY OF OKEECIIOBEE Sept 6, 201 55 SE THIRD AVENUE OKEECROBEE9 FL 34974 Tele: 863-763-3372 ext. 218 Fax: 863-763-1686 PARK USE AND/OR TEMPORARY STREET/ SIDEWALK CLOSING PERMIT APPLICATION Date Received: - 1 o -- " (, Date Issued: Application No: it: IN J64 Siam o 9 ({� Information: Organization: trag vftbg C Tax Exem t No: Mailing Address: G � !F::F- -3 Contact Person: E-Mail Address: r T Summary of activities:_ �- ppn��gg 4 0 rroceeus usage: yea Please check requested Parkas: Flagler Parks: Address of event: Parcel ID: ❑ City Hall Park W1 Memorial Park OR 0-92 y#3 )04 ❑ 115 ❑ 46 Page 2 of 3 Street Address TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION (If not using Park(s), provide event address) City State Zip Code Street(s) to be closed: Date(s) to be closed: p Times to be closed: a Purpose of Closing:®� �y� �o a Attachments Required: Charitable Function Temporary Street and Sidewalk Closing Site Plan ® Original signatures of all residents, property owners and business owners affected by the closing. 6 Copy of liability insurance in the amount of ® Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee as $1,000,000.00 with the City of Okeechobee as additional insured. additional insured. 1�>Proof of non-profit status IP- If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be ®Letter of Authorization from Property Owner attached for each business. TUP can be obtained from the General Services Department. ® State Food Service License, if applicable. ® State Food Service License, if applicable. 1> State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Mote: 11> Clean-up is required within 24 hours. �­ No alcoholic beverages permitted on City property, streets or sidewalks. © No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). ® The Department of Public Works will be responsible for delivering the appropriate barricades. ® Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the City and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the City harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the City for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the City pertaining to the event including, but not Iimited to, Police, Fire, Public Works or other departmental expenses. The City reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the City to be incurred in providing City services. Any such sum not incurred shall be refunded to the applicant. Page 3 of 3 I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATES SURANCE MUST N CITY OF OKEECHOBEE AS ADDITIONAL INSURED. Appli "110OFFICE USE ONLY6600 Staff Review Fire Department: t 7r' Date: Building Official: Date: �° US ° its Public Worlcs: j 4 Date: Police Department: Date: BTRDepartment: 1r% ll,��;!(,�� Date: Ro City Administrator: Date: 2 �( City Clerk: o Date: NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Date 440 M an' all -1 1. 904' V1 i . NINE=, PTA I I `'l ''��L WN 1 Saturday, September p§ebtr 2016 loam s. a,r., il'tl§M Veterans Memorial Park ® Dear from professionals and Veterans about INVISIBLE WOUNDS that affect their lives. Meet Organizations that provide resources to Veterans and their families. Share in the camaraderie among fellow Veterans --- Show appreciation for their service. o Live Music Entertainment, Food and Fun. For vendor information, to volunteer or sponsor please call Bobby Keefe (863) 610-3065 or Jenny Vickers (863) 697-8644. Sponsored by The Warrior Center, Inc. in collaboration with American Legion, Post 64. All proceeds will benefit our local Veterans through services provided by the sponsoring agencies. © 2016 The Warrior Center, Inc., a Florida non-profit. ' ft., 13 k. MIA rr z. X�, -71,771F IVA cli . . . . . . . . . . . cu it It f . , " Y\ 1 �5 �(� '�� �,l it{1:T�•.+'.C;Ti :t4:S �li p,r� •* i F1�^ h .�'Y.'.1.. Ir i w 1 r 'wi= t,}— x.+ a +�.Y .?,}`•c"�r � r ` °r'� i. z} k - 1 OI D t t 41 } s� j u� yo I'IyN} A E r lS y 77 ad P . .r s r. i'x �i i �'E ai"1 � . ......,..r:.,..,.,r :.�2 3t �`�1 •;r yr' i � i �'t' �� \ „� .,�• fig, O S t t �. 1 �3�c;�`tlf.J • i dCi`",�"'7 1_ ,r.=• k 'r �" "ui ISi�F �? ^:Y.>f^.C� �ir'�i�i's'afST a Z� u � ^ aY� r r :� r .,v k ►". r�.r,. �' ` k '� �. xs ,,,,,,ttt /r a:� s;.. CD Jj at -�" ? Cf f .y--� �,::� is £� � �. YkP •�°i � ��: r � C.7 �' t �F CDa. ;p r•r .tJ,' �f`§j' - 4 _5 ¢ m' t aty.rr 1 �`t�` _ �, } \G .i l S 4 lY .i •y +.. Cq AL w ofr - 2N T I 3 v -� 5: tr�rt-„�• %t CP r \lL (� S• � � L 3 � _, 5�°v ,dry �,`s'` � *�*' ry Aft ;r F _ OW '.. 3 Z �=- �, � �� �'y�,7*1I.)l�:� �"���'ti�-iv-�r:. ��3%��tr� ���t�:I:� . ��'�:•i�C�� C\1 M C\I C\j ce) LL f LL -0 10 14- 4— i CD �40 -LL CERTIFICATE OF LIABILITY INSURANCE DATE 08/10/2016 08/10/2016 THIS CERTIFICATE IS ISSUED AS A MATTEN wl INFORMATION ONLY AND CONFERS NO RIGID UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAM'Pritchards & Associates, Inc. PHONE Sand Hines Ines FAX 1802 S Parrott Ave AIc No Ext : 863-763-7711 A/c No): 863-763-5629 Okeechobee, FL 34974-6179 ADDRESS: Lowell H Pritchard shines@pritchardsinc.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Philadelphia Insurance Co INSURED The Warrior Center, Inc. INSURER B PO Box 1884 Okeechobee, FL 34973-1884 INSURERC: INSURER D : INSURER E : INSURER F : rnVFRAGFS CFRTIPlr.ATF NI IMRFR• raFVlclnnf MI IMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF MMIDDNYYY) POLICY EXP (MM/DDNYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR I X EV06568 08/10/2016 08/10/2017 j EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 0 GEN'L �i PERSONAL & ADV INJURY 5 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY PRO-- LOC OTHER: I GENERAL AGGREGATE S 3,000,000 PRODUCTS - COMP/OP AGG S 3,000,000 S AUTOMOBILE (� i H LIABILITY ANY AUTO I ALL UTOS OS AUTOS SCHEDULED AU NON -OWNED HIRED AUTOS AUTOS I I COMBINED SINGLE LIMIT Ea accident _ S BODILY INJURY (Per person) S BODILYINJURY(Peraccident) S PROPERTY DAMAGE Per accident S H S UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE I EACH OCCURRENCE � S AGGREGATE DED RETENTIONS I S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N . OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) it yes, describe under DESCRIPTION OF OPERATIONS below N / A I IPER STATUTE ; I EOM. R ,_ E.L. ACCIDENT I $ _ E.L. DISEASE - EA EMPLOYEE] S E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Addl:Ional Remarks Schedule, may be attached If more space Is required) City of Okeechobee is listed as Additional Insured. If II+H 1 G nVLUCK CITY-92 City of Okeechobee 55 SE 3rd Ave Okeechobee, FL 34974 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE - © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Exhibit 5 Sept 6, 2016 Case #15-010 Crystal 1 LLC 1002 SW 6"' Avenue Lots: 2 & 3 Blk: 247 Sec: 1st Addition to City of Okeechobee Parcel: 3-21-37-35-0020-02470-0020 On August 9, 2016 the Code Enforcement Board made a recommendation to have City Council consider foreclosure on the property listed above. According to Code Officer Sterling the property has been abandoned. The property has a structure which is unfit for human habitation and the grass is very overgrown. The property owner has been notified by certified mail several times, but has not responded. As of September 1st the fine has accrued to $7,290 and continues to accrue at a rate of $15.00 per day. Agreement No. F1217 MEMORANDUM OF AGREEMENT Exhibit 6 STATE OF FLORIDA Sept 6, 2016 DEPARTMENT OF ECONOMIC OPPORTUNITY THIS MEMORANDUM OF AGREEMENT (MOA) is made and entered into by and between the State of Florida, Department of Economic Opportunity (DEO), and the City of Okeechobee in Okeechobee County (City).. DEO and the City are sometimes referred to herein individually as a "Party' and collectively as "the Parties." I. Background and Purpose of MOA A. The purpose of this MOA is to document the terms and conditions of the implementation of the Rural Area of Opportunity (RAO), formerly the Rural Area of Critical Economic Concern (RACEC) designation. B. The Governor of Florida recognizes that successful rural communities are essential to the overall success of the State of Florida's economy and quality of life, yet many rural communities struggle to maintain, support or enhance job creation activities and to generate revenues for critical government services. C. Florida's Legislature also recognizes that rural communities continue to face extraordinary challenges in their efforts to significantly improve their economies, and as such, section 288.0656, Florida Statutes (F.S.), establishes the Rural Economic Development Initiative (REDI) within DEO, and authorizes the participation of State and regional organizations in this initiative. Section 288.0656(7)(a), F.S., provides for the designation of up to three RAOs. RAOs are rural communities that have been adversely affected by extraordinary economic events, severe or chronic distress, a natural disaster, or an event that presents a unique economic development opportunity of regional impact. D. Pursuant to section 288.0656(7), F.S., representatives of the State and regional agencies and organizations comprising the REDI met on February 19, 2016, and recommended the re -designation of the South Central region composed of Desoto, Glades, Hardee, Hendry, Highlands, and Okeechobee counties, the cities of Belle Glade, Pahokee, and South Bay in Palm Beach County, and the area around Immokalee included within the Round II Federal Rural Enterprise Community located in northeast Collier County as a rural area of opportunity. Governor Rick Scott signed Executive Order 16-150 which re- designated the area for another five-year term with an expiration date of June 27, 2021. II. The Rural Economic Development Initiative (REDI) Page 1 of 6 Agreement No. F1217 A. RED[ is a proactive, multi -agency effort responsible for coordinating and focusing efforts and resources of State and regional agencies on problems which affect the fiscal, economic, and community viability of Florida's economically distressed rural communities. B. REDI works with local governments, community -based organizations, and private organizations on the growth and development of these communities to find ways to enhance the local economy and resolve issues while balancing local environmental and growth management needs. C. Participating REDI representatives: 1. must have comprehensive knowledge of their agencies' functions, both regulatory and service in nature, and of the State's economic goals, policies, and programs; 2. act as the primary point of contact for their agencies on issues and projects relating to economically distressed rural communities; 3. ensure prompt and effective response to problems arising with regard to rural issues; 4. work closely with other REDI representatives in the identification of opportunities for preferential awards of program funds and allowances, and waiver of program requirements, when necessary, to encourage and facilitate long-term private capital investment and job creation; 5. review and evaluate statutes and rules for adverse impact on rural communities and the development of alternative proposals to mitigate that impact; 6. undertake outreach, capacity -building, and other advocacy efforts to improve conditions in rural communities; 7. ensure each district office or facility of their agencies is informed about REDI; 8. provide assistance throughout their agencies in the implementation of REDI activities; 9. recognize counties and communities with RAO designations as eligible for a reduction or waiver of financial match of state grants and permit fees, as well as waivers of the criteria, requirements, or similar provisions of economic development incentives; and 10. recognize designated RAOs are priority assignments for REDI, per section 288.0656(7)(a), F.S. D. On a case -by -case basis, REDI may recommend to the Governor waivers of criteria, requirements or similar provisions of any economic development incentive. Such incentives shall include, but not be limited to: 1. the Qualified Targeted Industry Tax Refund Program under section 288.106, F.S., 2. the Quick Response Training Program under section 288.047, F.S., 3. the WAGES Quick Response Training Program under section 288.047(8), F.S., 4. the Economic Development Transportation Fund under section 339.2821, F.S., 5. the Brownfield Bonus Tax Program under section 288.107, F.S., and 6. the Rural Job Tax Credit Program under sections 212.098 and 220.1895, F.S. Page 2 of 6 Agreement No. F1217 E. Section 288.0656(7)(c), F.S., states: "[e]ach rural area of opportunity may designate catalyst projects, provided that each catalyst project is specifically recommended by REDI, identified as a catalyst project by Enterprise Florida, Inc. [EFIJ, and confirmed as a catalyst project by the department [DEO]. All state agencies and departments shall use all available tools and resources to the extent permissible by law to promote the creation and development of each catalyst project and the development of catalyst sites." F. REDI reviews the RAO designation and may recommend the designation of the area, counties, or municipalities be terminated or continued based upon performance under this MOA. III. The Participating Community A. Pursuant to section 288.0656(7)(b), F.S., and Executive Order 16-150, RAO designation shall be contingent upon the execution of a MOA between DEO and the governing bodies of the counties and the municipalities included within the area. Such MOAs shall specify the terms and conditions of the designations and the duties and responsibilities of the counties and municipalities. B. The City agrees that fulfillment of the following duties and responsibilities, as reasonably determined by REDI, are required for recommendation by REDI for continued RAO designation. C. The City shall: 1. designate a specific contact person from among City elected or appointed officials to serve as a point of contact in all matters and activities relating to the South Central RAO; 2. designate a specific person from a non-profit organization actively engaged in economic development within the City, to serve as the single point of contact to represent and provide input on all economic development matters and activities relating to the South Central RAO, and to receive and process leads and referrals from EFI; 3. include contact information for designees on Exhibit A, attached hereto, (these designees may be the same designees to serve as the representatives to other similar organizations); the City shall inform DEO in writing by either mail or email of any changes to the specified persons within ten (10) business days of the change; 4. in order to help build knowledge and skill sets required to compete more effectively for job creating projects, ensure one or both of the designated representatives Page 3 of 6 Agreement No. F1217 participate in at least two economic development training events offered by DEO, EFI, Florida Economic Development Council (FEDC), utility companies, and/or other state or national recognized economic development organizations during the term of this MOA; and 5. in order to facilitate the retention and expansion of existing businesses, as well as the recruitment of new businesses, ensure one or both of the designated representatives: a) work closely with the designated County point of contact to gather information on available buildings and sites for inclusion in statewide and regional databases, including but not limited to, those developed by EFI (www.enterpriseflorida.com/find-properties), Florida Power and Light, Duke Energy, or regional organizations, and b) work closely with the designated County point of contact to provide DEO with an overview and timeline of the City permitting process, plan approval and business licensing requirements within 180 days of the execution of this MOA. IV. Implementation and Duration A. Pursuant to Executive Order 16-150, the designation of the South Central RAO affecting the counties of Desoto, Glades, Hardee, Hendry, Highlands and Okeechobee, the cities of Belle Glade, Pahokee and South Bay in Palm Beach County, and the area around Immokalee included within the Round II Federal Rural Enterprise Community located in northeast Collier County, shall be in effect for five years and will expire on June 27, 2021. B. REDI may recommend the RAO designation and this MOA be terminated or continued based on performance under this MOA. C. This MOA shall take effect immediately upon full and proper execution by all Parties, and supersedes and replaces any and all previous such RACEC and RAO agreement(s) between the Parties. D. This MOA shall expire on June 27, 2021, unless terminated earlier. E. Both Parties shall review this MOA annually. If revisions are needed, notification shall be given to both Parties in writing of the specific changes desired with the proposed amendment language and the reasons for the revisions. With the mutual consent of both Parties, the proposed changes shall become effective when both Parties have duly executed an amendment to this MOA. F. The City may terminate this MOA at any time upon written notice to DEO. Page 4 of 6 Agreement No. F1217 G. RAO designation is, by statute and Executive Order, contingent upon execution of a MOA between the Parties. REDI shall recommend the RAO designation be terminated if this MOA is not duly executed or if this MOA is terminated and another MOA is not timely and duly executed in its place. V. EXECUTION I have read the above MOA and the Exhibit thereto and understand each section and paragraph. IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in the Exhibit hereto, the Parties have caused to be executed this MOA by their undersigned officials duly authorized. CITY OF OKEECHOBEE Signature James E. Kirk, Title Mayor Date In DEPARTMENT OF ECONOMIC OPPORTUNITY Signature Taylor Teepell, Director, Title Division of Community Development Date Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY on Approved Date: Page 5 of 6 Agreement No. F1217 EXHIBIT A — DESIGNATED CONTACTS City of Okeechobee Contact Information for an Elected or Appointed Official Name: Address: Phone: Fax: Email: Contact Information for One Person from a Non -Profit Organization Engaged in Economic Development Name: Address: Phone: Fax: Email: Please complete this page and return with the signed MOA. The City is required to inform DEC) of any changes to this information within ten business days of a change. Page 6 of 6 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ®TIMER NUMBER 16-150 WHEREAS, although economic progress has been made in many areas; the growth and prosperity enjoyed by most communities in the State during the past 50 years have not extended into Florida's rural areas: and WHEREAS, these communities are stewards of the vast majority ol�Florida's land and natural resources; upon which the State's continued growth and prosperity depend; and WHEREAS. successful rural communities are essential to the overall success of the State's economy and duality of life; and WHEREAS, certain rural communities are struggling to maintain, support, or enhance job creating activity, or to generate revenues for education and other critical government services such as infrastructure; transportation and safety: and WHEREAS, the challenges faced by these rural communities threaten their well-being and viability; and WHEREAS, the Governor is authorized, pursuant to section 288.0656(7), Florida Statutes, to designate up to three rural areas of opportunity, upon recommendation of the Rural Economic Development Initiative; and WHEREAS, a rural area of opportunity, formerly known as a rural area of critical economic concern, is a rural community, or a region composed of rural communities, designated by the Governor; that has been adversely affected by an extraordinary economic event, severe or chronic distress; or a natural disaster, or that presents a unique economic development opportunity of regional impact; and WHEREAS. the counties of DeSoto. Glades, Hardee, I-tendry, Highlands, and Okeechobee and the cities of Belle Glade. Pahokee, and South Bay in Palm Beach County, and the area around Immokalee included within the Round lI Federal Rural Enterprise Community located in northeast Collier County were designated on January 26, 2001, as a rural area of critical economic concern by Executive Order 01-26. for a period of five years; and the Rural Economic Development Initiative was directed to revie-,v the designation and recommend whether the designation should be continued, and WHEREAS, the Rural Economic Development Initiative met on January 17, 2006, and recommended the Governor continue the designation of the counties of DeSoto, Glades, Hardee, I-Iendry, l-Iighlands, and Okeechobee and the cities of Belle Glade. Pahokee, and South Bay in Palm Beach County; and the area around Immokalee included within the Round II Federal Rural Enterprise Community located in northeast Collier County as a rural area of critical economic concern_ and WHEREAS. the counties of DeSoto, Glades, I-Iardec, Hendry. I-Iighlands, and Okeechobee and the cities of Belle Glade. Pahokee and South Bay in Palm Beach County, and the area around Immokalee included within the Round II Federal Rural Enterprise Community located in northeast Collier County were designated on February 16, 2006, as a rural area of critical economic concern by Executive Order 06-34, for a period of rive years; and WHEREAS, the designation expired on February 16, 2011, and the Rural Economic Development Initiative met on March 18, 2011. and recommended the Governor continue the designation of the counties of DeSoto, Glades; I-Iardee, Hendry, Highlands, and Okeechobee and the cities of Belle Glade, Pahokee, and South Bay in Palm Beach County; and the area around Immokalee included within the Round II Federal Rural Enterprise Community located in northeast Collier County as a rural area of critical economic concern; and WHEREAS. the counties of DeSoto, Glades, Hardee, Hendry, Highlands, -and Okeechobee and the cities of Belle Glade. Pahokee, and South Bay in Palm Beach County and the area around Immokalee included within the Round II Fcderal Rural Enterprise Community located in northeast Collier County were designated on April 22, 2011 , as a rural area of critical economic concern, by Executive Order I 1-81, for a period of live years; and WHEREAS, the Rural Economic Development Initiative met on February 1.9, 2016, acid agreed to recommend to the Governor to continue the designation of the counties of DeSoto, Glades, Hardee, Hendry, Highlands and Okeechobee and the cities of Belle Glade, Pahokee, and South Bay in Palm Beach County, and the area around Immokalee included within the Round II Federal Rural Enterprise Community located in northeast Collier County as a rural area of opportunity, and the designation expired on April 22, 2016. NOW, THEREFORE, I, RICK SCOTT, as Governor of Florida, by virtue of the authority vested in me by article IV, section 1(a), Florida Constitution; and section 288.0656(7), Florida Statutes; do hereby issue the following Executive Order, effective immediately: Section 1. The area within the boundaries of the counties of DeSoto, Glades; Hardee, Hendry, Highlands, and Okeechobee and the cities of Belle Glade, Pahokee and South Bay in Pahn .Beach COuIItV, the area around Immokalee included within the Round 11 Federal Rural Enterprise Community located in northeast Collier County is designated as a rural area of opportunity. Section 2. This area shall be a priority assignment for the Rural Economic Development Initiative. Section 3. Oil a case -by -case basis; the criteria, requirements or provisions of economic development incentives may be waived. Such incentives include, but shall not -be limited to, the Qualified Target industry Tax Refund Program under section 288.106, Florida Statutes, the Quick Response Training Program under section 288.047, Florida Statutes, the Quick Response Training Program for participants in the welfare transition program under section 288.047(8), Florida Statutes, transportation projects under section 339.2821, Florida Statutes, the brownfield redevelopment bonus refund under section 288.107, Florida Statutes, and the rural job tax credit program under sections 212.098 and 220.1895, Florida Statutes. Section 4. Pursuant to section 288.0656(7), Florida Statutes, access to the assistance available under this Designation as a rural area of opportunity shall be contingent upon the execution of memoranda of agreement between the Department of Economic Opportunity; the governing bodies of the counties. and the governing bodies of the municipalities included within the area. Such memoranda of agreement shall specify the terms and conditions of the designation, including, but not limited to, the duties and responsibilities of the counties and municipalities to take actions designed to facilitate the retention and expansion of existing businesses in the area, as well as the recruitment of new businesses to the area. 4 Section 5. This designation shall be in effect for five years and Nvill expire on ,Lune 27, 2021. The Rural Economic Der•elopment Initiative may recommend the designation be terminated or continued based on economic development progress from current base lines or upon performance under the memoranda ol'agreement. ATTEST: I ( I W3��' ECRETARY OFISTATE IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed at Tallahassee; the Capitol; this 27th day of June, 2016. GOVERNOR 5 `' �/ / /,,(,,'•'ZJ ;/tom r ( CITY OF OKEECHOBEE (863) 763-337-' FAX (863) 763-1686 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COIvlPLETED FORM TO: CITY ADMINISTRATOWS OFFICE 55 SE 31111 AVENUE OKEECHOBEE� FLORIDA 34974 l NAME: C-u i� o ADDRESS:1T- �c TELEPIIONE: `{' �J G� Gq(O FAX: ---� -W- -- — --� 7- MEETING: REGULAR ` SPECIAL Cl WORKSHOP ❑ DATE: PLEASE STATF, THE ITF�M YOU WISH TO,Hd V F PLACE , ON THE CITY COUNCIL AGEN, DA: PLEA E STATE W HAT DEPA RTA,IENT (S) YOU HAVE WORKED W ITH. 1 PLEASE STATE DESIRED ACTION BY THE CITY COUNCI{ f rPLEASE SUiy1Iv1ARIZE PERTINENT INEORNIATION CONCERNING YOUR REQUEST t1NDnATTAIGH APPLICABLE DOCUivi ENTS: IF A PRESENTATION IS TO BE MADE,, PLEASE LIMIT T HE TIME TO TAN i' l INnUTES U'N'LESrS O HERbVISE APPROVED BY THE MAYOR. rLC -t L li� K- I SIGNED BX:.�t,' DATE: - ) i C � c i M T CO C O sT y _ .L} !�'. o @ N v, O C -o 0 o c o a o o Q� - u o F u y - _ n Q1 y LL co uo ap > o ae C o tt ocn u = ro - a' v v y Q} Q > o w ec c Q E a' @ m G a *-' G v - is = a. ?� _ ;_ _ ai a �u c to 2 u 4 `^ p v C7 a� O ' :- txc,y 2 fa.. i y a w v a a y a c a-% cL M oyD y mDD a) mcl to a- Q m J T- lfl Q z (b .— U 2 3 N O c � C C u 0 u 0 7- p y C F F F E F N F F p E F V) Q y n y n a y y u QJ y y y y O u y y c O Q c + c o c U U G a :} j is l a U J U u y } C f6 0 C i L p f0 as p c c p c c c c s c O m m O C 7 y !� co m p C y dL Ly ,ycLV y O M _ m C V V V o_ �^ L) V z w V E N T V -C T Q T Q N Q U U q J U c[ O U w rr Mr c y y O y co ._ �. 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Dodge ! ExeoudveShanaho|oe' Board Certified Real Estate Law � N ��� LEWIS 0�0� 'oNowxw 16w IN N WALKER l � IIt( v � n`a������� 4QNik°qA-k^n U�) � �' OF OKEE HOBEE - ---- -- _`— ------ —_ _ `?ice ref the Crtr CFerk, & Persnnnc° EECHOBEE, 55 .8. 3" AXfENU: , OKr—EC OBEE, FL 34974, i e wx- 71Syr= 3;r x , ,.,x .; zr ;i m 16636 it x' for lrhe` :o Ii v-jf rag .ie`s_3me— Jaynes E. Dirk, Mayor P.O. Box 3 Okeechobee, FL 3497 t' ,, 763-7812. (horne) Appointed Mayor: .tar._ 7, Term as Cosurrci! Mernhe�-: ELECT OFFICIALS Ja'n ?989 f Ian 20` . !noel A. Chandler. Council Member 1007 SW 6`rAvenue � Okeechobee, Florida Rua .�4.�_'7 (863) 763-7284 (home) (863) 634-0646 (cell) Term: Jan 5, 2015 to Jan 7, 2019 Mike O'Connor, Coin--V Member 409 SE 4"' Avenue Okeechobee, i=lor a a 349974 (863) 697-6219 (cell) Term: Jan 6, 2009 to Jan 2, 22017 CITY STAFF Marcos Montes De Oca, City Administrato ; ext. 2119 Also is Department bead for'General Services, Building/Zoning and Finance mn ioniesdeccaQcityotokeechobee.C.0m Herb Smith, Fire Chief hsmith@cityofokeechobee. corn (863) 46f-1586 - Office (863) 763-4489 --- Fire Fax Only (863) 357-1971 - Node Unforcerrre Oicv Denny Davis., Police Chief (863) 763-5521 Policce Orily (_«,,rn-emergclncyl (8631 76"-78-04 -- Police ax Only Gary Ritter, Councii firNember 1950 S N 5" mvenu K) 4-If (home) (863) 61 t-1562 (cell) Terra: Jan 5, 2015 to Jan 7, 2019 Dowling R. Watford, Jr., Council Member 7l P1 NE 5t" Street Okeechobee, Florida 34972 (862) 763-6246 (home) (�(33) 610-2333 (cell) Terra- .lark 6, 1987 to Jan 7, 2019 r ane Gamio€ea, City Clerk SE z" Avenue Okeechobee, Florida 34974 (863'; 763-3372 ext. 215 Terra: Jan 7, 2003 to Jan 7, 2019 Large Cara: otea, City Clerk, ext. 215 Also is Personnel Administrator and City Election Supervisor Igamiotea�uityoFcrkeec..lrak,ee.com David Allen; Public V ror°ks Director, ext. 225 e.com Jot -in R. Cook; City Attorney (863) 634-1648 - cell 0-oh€ ooc)s'i tC'Ir'cc➢:tt,-)f )kc-echr)bee.Com 1 ENtIN;-==— I GICONSULTA ' STAFF - SERVE ON CONTINUING CONTRACT BASIS Bill Brisson, Sr. Planner- .yeffrey li Sewell La RuE PiZmninn A ana e—me ' r3e. V�e n :. �� New , Assoc.ates (2.39; 204-528 ` :itv Pia+"`ni 'c-o^".sul a."InSdJ ctto- (231) 334-6384 Fax jnewell c+yookvec;aohee.carn bill@larueplanning.com www.cifyofokeech,obee.corn Revised 1016115_nr i P �lu /I- - - '1 CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO: CITY ADMINISTRATORS OFFICE 55 SE 31111 AVENUE OKEECHOBEE� FLORIDA 34974 ` Cx �� NAME: t �� o _ ADDRESS: � 0 e " L= A Y _ _ - C, TELEPHONE: i �� � % FAX: l(l MEETING: REGULAR SPECIAL ❑ WORKSHOP ❑ DATE:__ _ - ___ l✓'_ PLEASE STATE THE ITEM YOU WISH TO HAVF PLACEp ON THECLTY COUNCIL AGENDA: - -- 4A F f G - i t t� _ ' Lam` J 1! t�� 11-V RTMENT(SIYOUHAVE WORKED WITH -- PLEA E STATE WHAT DEPA t r PLEASE STATE DESIRED ACTION BY THE CITY COUNCI � yy ja PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND - ATTACH APPLICABLE DOCUM ENTS: 0 E 1 ` j . h IF A PRESENTATION IS TO BE MADE, PLEASE LIMIT THE TIME ,TO TEN kl;INUTES UNLESS OTHERWISE APPROVED BY THE MAYOR. SIGNED BY: '' �` DATE: Honorable members of the City Council. My Name is Niki Salmon. business; Rustic Style and Cabins, Remington Real Estate and Complete Services. 1 am a long time resident of Okeechobee and the former CEO of Palmdale Oil company for 21 years. My property is located at 505 NE Park Street, Okeechobee, Fl . Lot 10, block 150. I am 8 years into a 15 years mortgage with a private lender Mr. Jerry Campbell. Mr, Campbell is also a long withstanding business owner and resident of Okeechobee, Fl. Mr. Campbell is present; additionally present is Barbara Slack semi --retired Constitutional Rights Advocate. I am an active member of our community and a Board Director of the Okeechobee Chamber of Commerce as well a Director of Okeechobee Realtor's I became aware of the Public violation when I research the Alley Use Agreement ITT-1 INT41IM 1, irk# Due to a major mistake by the City, (Now when I say City I am talking about the collective, elected and employee of the tax payers). the results error allowed Luihn/Taco Bell to block the alley which is seriously damaging to my business. This is a hardship for my deliveries trucks and a hardship for my customers. You know as well as 1, if its a hassle for the customers they will stop coming to the store. As the Council is now aware, Luihn Four Inc. of N. Carolina representing Taco Bell in their efforts to construct a new Taco Bell located at NE 5t" Ave, Okeechobee, Fl Lots 4,5,& 6,7 8 and 9 of Block 150, which is adjacent to my property. In March 2016 1 had a conversation with Mario Flores, a representative of Luihn Inc, regarding Luihn's site plan. Mr. Mario Flores from Luihn inquired if I could assist them by allowing their contractor to move my fence and reinstall it later. I agreed. The blocking of the public alley and the obstruction to my business. I have diligently communicated with the City Administrator, Marcos Montes De Oca, and the building Inspector, Jeff Newell, since March 2016 trying to be proactive to avoid litigation with the City and Luihn for the infringement on the Hamrick Trust Alley Use Agreement. is #. ♦ =� i • Since 1914 a Corporation named Okeechobee Company was the owner of parcels of land known as the Western Saint Lucie County, today we know these parcels as the City and County of Okeechobee, Fl as founded in 1912 and created by Florida Legislation. After the Okeechobee Company dissolves the land and easement rights passed through hands, finally resting in the ownership R.E. Hamrick. Mr. Hamrick was Mr. Hamrick created a TRUST for all times protecting areas of Okeechobee known as STREETS, ALLEY,, AVENUE, PLAZA, AND PARK and dedicated these areas for PUBLIC USE!. Last year TACO BELL decided to look for a new location and chose the lot nex door to my business Rustic Style and Cabins and Remington Real Estate owne R operated I was delighted for the new neighbor UNTIL. I discovered the City of Okeechobee had made a critical ERROR and approved a site plan PRIOR to Luihn signing the "Revocable" Alley Use Agreement Licenses permitting Taco Bell (DBA Luihn Four Inc. ) to block and obstruct the East/West alley which runs parallel to 2nd ave and behind my store, the alley that the public has used for 80 plus years and I have used for the last 8 years for vehicular travel, including furniture deliveries for the inventory and pickup for my customers such By obstructing the alley it has gravely damaged my business and this action will most certainly put me out of business. literallyI have - - March of 2016 when., the potential disaster and immediately brought it to the attention of the City Administrator, prior to Taco Bell breaking ground. i was told matter-of-factly by the City Administrator that "HE" would not allow blocking the alley in conformance with the Hamrick Trust and the City Alley License Agreement. I have been told the same false statements for S months. In May I pulled an application to take my concerns to the City Council. The City Administrator personally called me within 30 minutes and advised not to bring my concerns to the City Council. The City Council was not aware of the contradiction between on 1 have visited 3 of the current councilmen (who are up for election) the councilmen have acknowledged the site plan approved was a contradiction to the Alley Agreement and a mistake. " On August 3rd, 2016 Taco Bell's contractor blocked the alley with a solid concrete obstruction and intends to further block the alley by installing parking spaces across the alley and preventing the alley privileges that are dedicated to each and every citizen of Okeechobee by the Hamrick trust. In addition the results of The day Luihn Inc/Taco Bell's contractor poured the concrete I notified Jeff Newell City Building Inspector and the job was halted for the confirmed "violation". Taco Bell clearly stated that if the City continued the STOP ORDER they were prepared to litigate. The next day Taco Bell was back on track, When I inquired why the City Administrator told me the City Attorney had advised the City to remove the Stop Order. The City Administrator explained the City Attorney had redefined the word TRAVEL in the alley agreement, as if you can walk across the alley it's not blocked.. Clearly this is a farce attempt to avoid litigation with Luihn/Taco Bell. According to the Supreme Courts the definition of a word ie TRAVEL. would be defined by how the use is currently and historically used. In this application travel is by vehicle. If the City or Taco Bell had felt I had the financial wherewithal to stand against this injustice neither would have tried to dismiss me so easily. This is my home as it is yours. I will fight this injustice till the truth of wrongfulness is exposed and the responsible parties are held accountable. I immediately contacted Jeff Newell of the City to inform him of the concrete pour. Mr. Newell visited the Taco Bell site and issued a stop order. The trust allows for the City to utilize the alley with the restrictions that whoever uses the surface of the alley can in fact pave it but the Alley Use Agreement Clearly states" The owner shall not by such improvements OBSTRUCT, close or otherwise restrict access to the alleyway for TRAVEL (the historical use) by the City or the GENERAL PUBLIC." That is us!!!! The City made the mistake, and has failed to rectify it. Documents reveal Taco Bell has been well aware of the Alley Agreement from at least 2015 and has taken the advantage of the City's mistake. Luihn/Taco Bell had contacted the Hamrick Trust in June 2015 to try and abandon the alley. The application process defined an unlikely chance the alley closure would have been approved. Rather than move forward with due process Luihn/Taco Bell has flagrantly blacked the alley without public comment and with no concern of the neighboring business. In 1954 the City Council without the permission of the owner, passed a resolution which gave to the Chamber o Commerce a city black. The city gent forth to contest to the Florida Supreme Court and the final Decree sided with The Hamrick Trust.. The alley, streets and parks remain a legal privilege to the people of Okeechobee. In several Florida Supreme Court. Decisions the Courts declared. Where a dedication to the public use is made of a street, alley or roadway, and the same is used by the public, it is the duty of the CITY as a trustee of the publics rights in and to the streets within whose corporate limits they are, to maintain the PUBLIC USE against encroachments, and this applies to territory taken into the corporation limits after the dedication as well as to territory included in the corporate limits at the time of the DEDICATION. Amendment XIV (14) of the Constitution states: We the people have the unequivocal rights to secure the blessing of liberty to ourselves and our POSTERITY. NO STATE shall make or ENFORCE any law which shall abridge the privileges or immunities of citizens nor shall deprive any person of life, liberty or property without due process or "deny equal protection." The City through its representatives have not only violated my Constitutional rights by making rules under the color of law, and infringed on my right to own a business and be treated "equally as all other business." This is a discrimination against me and my small minority owned business in absolute favoritism to Luihn/ Taco Bell and their financial ability. Put your mind where mine is, fears that your local government through its actions can literally destroy your business without justice or cause. The good faith, efforts and hard work to secure your retirement is blatantly robbed from you by governmental persons you trusted and whose duty is to keep your best interest. Now wake up and realize you've been betrayed. Not only have you been betrayed but every citizen in Okeechobee is being deceived about their privileges that were dedicated to them by the Hamrick Trust. When you take something that is not yours, and you do not pay for it it is as well thief. By bypassing the trust the City and Luihn have literally denied the heirs of the Hamrick trust their rightful compensation. I question the character of Luihn who has known all along the City had made a mistake. KNOW ALL MEN BY THESE PRESENTS that OKEECHOBEE Company, a corporation as the owner of the certain parcel of land described as follows To Wit, embraced in Section 15, 16, 21 and 22 Township 37S R35E, St. Lucie County, Florida, covered by extreme boundaries of the accompanying plat (beginning at a point near the north line of Twentieth Street, which point is a common corner of Sections 9, 10, 15 and 16, Township 37S, R35E, thence East along the Section Line dividing Sections 10 & 15 of said Township and range to quarter corner on said Section Line; Thence South along the quarter line of Section 15 to the Southeast corner of Gort Lot 3 of Section 22, Township 37S, R35E, thence Southwesterly along the Southeastern boundry Line of Gort Lot 3 & 4, Section 22, Township 37S, R35E, to the Southeast corner of said Lot 3, on the South Boundary Line Section 21, aforesaid Thence West along the South line of said Section 21, to the Southwest corner of same thence North along the West Boundary lines of Section 21 & 16 to the Northwest corner of said Section 16; thence east along the North line of said Sectionl6 to the Northeast corner of same and the Point of Beginning) hereby dedicates for certain Public purposes only the surface of all those certain strips of land marked or indicated on said Plat as streets, alleys, or ways, said certain purposes being limited to the usual travel of people, horses and ordinary vehicles & expressly excluding from said Dedication uses by or for railways and public service transportation and trammission all singular & subject to said Limited Dedication, said Dedicator expressly reserves exclusively to itself, its successors and assigns, all ownership, title & reversions and each and every easement, power, right, privilege & franchise in, of, to, under, over and upon said strip and every part thereof, including the construction, maintenance and operation of railways, stree t railways, pipes, wires and lines, means & methods of trans- mitting electricity, heat, cool, sound, light, power, gas and water and telegraph and telephone, but this enumeration shall not be construed to exclude other, further or different easements, powers, rights, privileges and franchises anyone or more whereof may be utilized by said Dedicator and its successors and ma_y be conveyed, assigned, aliened, given, granted or permitted exclusively or otherwise by said Dedicator, its successors or assigns unto one or more persons or corporations in the manner provided by law for the conveyance of real estate and further that none user of all or any part of said strips or a permissive or illegal use of all or any part of said strips shall not be construed as on abandonment, waiver, or forfeiture by said Dedicator its successors or assigns but that all of said ownership, title, reversions, easements, powers, rights, privileges and franchises shall be and remain in and belong to said Dedicator its successors and assigns as fully and particularly as if said Dedication had never been made, Further that only those spaces shown on the Townsite Map of Okeechobee, markeO street, alley, avenue, plaza and park are dedicated for public use pursuant to the limitations cf the right to install and maintain public ut1_ities thereon as already provided, and that all other spaces shown on said plat not so marked whether the word reserved or similar words is written thereon or not are expressly excepted & reserved by this Company. WITNESS the name and seal of said Corporation by its President, Attested by its Secretary this 15 day of January A.D., 1914. Signed, Sealed and delivered in the presence of Chas. C. Brumley Sam McDaniel OKEECHOBEE Company By J. E. Ingraham, President Attest Sidney Harrison Secretary HISTORY OF THE HAMRICK TRUST In 1914, while the area now known as Okeechobee City was still in St. Lucie County, and Before what is now known as Okeechobee County was even a county, a Florida corporation known as "Okeechobee Company" became the owner of a certain parcel of land in Section 15,16,21, and 22 located Ill Township 37South, Range 35 East in what was then St. Lucie Count}, Florida. The Okeechobee Company drew a plat of a city marking out building Iots as well as "Parks, Streets Alleys, or Ways" which were plainly marked. (For the benefit of those who are really interested in the technical aspects of the plat a complete dedication is printed along with this article.) The plat was known as the "Townsite neap of Okeechobee" and was originally filed in Plat Book 2, page 17, public records of St. Lucie County, Florida, now filed in Plat Book 5, page5, public records of Okeechobee County, Florida. In 1917 the County of Okeechobee was created by the Florida Legislature and the public records of the territory in the new County was transferred from the original Counties of St. Lucie, Osceola, and UeSoto into the newly created Okeechobee County. My father, R.E. Hamrick, graduated from the University of Florida Law School in 1916 and moved shortly after his marriage to what was to become Okeechobee County. Afler Okeechobee County was created by the Legislature, my father who had been a school teacher and school principal before attending Law School, was appointed the first Superintendent of Public Instruction for the new county. The City of Okeechobee grew slowly during its first few years but by July of 1926 the City Council recognized the need for a City Hall and Fire Station. In a document recorded in Book 22, page 516 of the public record, the City _)f Okeechobee approached the Okeechobee Col-npany, fnT' permission to build the two buildings on the land owned by the Okeechobee Company. The specific language used %s as follows. "Whereas, Okeechobee Company does not desire to part with the title to the land hereinafter described, and the City of Okeechobee is willing to -a of certain property by Okeechobee Company it is mutually agreed by and between the Okeechobee Company and the City of Okeechobee that the City of Okeechobee shall have an easement upon the property hereinafter described upon tine following terms and conditions." The document went on to describe one of the "parks" designated on the plat of tile Townside map of Okeechobee, and specified that it be used "only and solely as a City Hall and a Fire Station". By this document the City of Okeechobee accepted the easement offered by fire Okeechobee Company. It is interesting to note that this Nvas the only time, and the only part of the parcel, that the City of Okeechobee has ever formally or officially accepted. In the passage of time Florida experienced a great land BOOM and development conhpanies appeared and disappeared and the great depression of the late 20s and early 30s tool: its toll o., the area. The Okeech.obes f :o hapan_.,� "went under" and a nian by the ?lame of C.M Highsmith of Palm Beach, Florida obtained a judgment against the Company. This judgment is recorded in Default and Final Judgment Book 2, at page 432, records of Okeechobee County. Mr. Ffighsmith assigned the judgment to "Investment Holding Corporation, a Florida corporation" in 1941. My parents, R.E, and Annie B. Hamrick, received assignment of the judgment from the Investment Holding Corporation in February, 1944 To finally execute the judgment now owned by my parents the major asset of the "Okeechobee Company" was sold at public auction in 1947. The major asset was the land owned by the Okeechobee Company in the plat area mentioned earlier in this article. The sale , contrary to what some of you may have read in the Okeechobee News, was in Pursuance of the laws of the State of Florida. Notice was given of the time and place for five consecutive weeks in the local newspaper. My Father made the successful bid and was issued a "Sheriffs Deed" which gave him the right "TO HAVE AI"TD HOLD all and singular the said premises above mentioned and described, and hereby granted and conveyed, or intended so to be, with the appurtenances, unto the said parties of the second part, their heirs of assigns, to the only proper use, benefit and behoof of the said parties of the second part, their heirs and assigns forever." In short this gave my parents fee simple title to all of the "parks, streets, alleys, or ways" described in the plat filed by the Okeechobee Company in 1914. The Okeechobee Company filed the plat in 1914--84 years ago. My family has owned the judgment on the assets since 1944 and the actual sheriff's deed since 1947--a total of 51 years. In 1954 the City Council, without the permission of the owner, passed a resolution which «qve to the Chamber of Commerce a city block on which to build a boat dock. f Bear in niind- the City did not own the property and had never even accepted an easement to use it ;. My Father went to court and obtained an injunction against this action. The City of Okeechobee then sued my parents in Circuit Court claiming the city owned the land as a public user. hIy parents won the case and the Circuit Court said in the, FINAL DECREE "�����l�tl��he ��erty h�ever been conveyed by instrument to t1a�;�fy�� C?]c��cl����i h r since�he fil�l�of li ��ul���y the Okeechobee Company in 191�� 1�C�iv of OkeechQ� foL�o V-, offer of dedi�a`� �y tie y�'Qz�lj�i1'J „ The City appealed the decision to the appellate court and lost a{oain. The City appealed to the Supreme Court and lost when in the June 1955 term of the Florida Supreme Court it affirn_ed the verdict in favor of niy parents. That should have. ended the question of ownership once and for all. in the v4 years since the plat was filed the Okeechobee Company and its Successors and Assi fans have continued to aliovv- the City of Okeechobee to use the surface of those lands ds as "harks, streets, alley, or ways' and tale City has continued to use then _ or the I,urpose which the company intended. Because the City had use of the Land, no taxes were assessed and the property has remained in harmony since the Supreme Court ruled. Can Occasion, a few property owners who owned land on both sides of an alley would want the alley' Vacated lOr some particular reason and the City has been very fair In vacating the alley and my Father would usually give the abutting property a quit claim deed at no charge. fie was an attorney and he usually drew the instruments himself and had them recorded without Cost. My Mother died in 1970 and my Father died in 1990 at almost 101. In his declining years we discussed the parks, streets, alleys, and ways, on many occasions. He very much waisted the parks which run East and Vest through the City to remain parks. He thought, and I agree, that the series of parks in the middle of town was a distinguishing feature of the City and one which set it apart from many of the other small communities of Central Florida. We discussed the ownership of the land and how it could best be protected forever. We dismissed the possibility of deeding it to the city or to some other continuing body for we had already seen what the city would have done if they had the ownership. In my Father's will lie set up a TRUST which has become known as the "Hamrick Trust" and the two Trustees have been charged with responsibility to see that the parks remained parks, that streets remain streets, alleys remain alleys , and ways remain ways. If for any reason it became necessary for any compelling reason to vacate the intended use, then the Trustees would take unencumbered title to the property and sell it for the best possible price and distribute the money to his Heirs a, law. My Father owned the land and lie could give it away if he wished ( and he frequently did ) but the Trustees of the "Hamrick Trust" hold the tittle for the heirs at law. We have a fiduciary responsibility to the heirs at law- and must "i.ilfill the provisions of the trust to the kPcf ..�Pparr AdihT The Tnistees share the intention of my parents that all of the spaces should continue to be so which have been ei.jayed freely by the citizens of Okeechobee snio-;red. i {� Illll Illll Illy lull rill rill F IL-E NUN 213-I61-J=D14-4I9 OF< P_K 774 !F•G i 7i36 Prepared b� and returntc- SHAROd,' ROBERTSOh1: (I LERK. OF (JRCU 1 ? c% ,; i "FLORIDA OKEECNDEEE COUNTY,LOR.IDt mold.Matfie &F n Arnold.Mathenc8f:agan.�.k. RECORDED 05/12/2016 t0:27;I r _ ]_ P.M 605E-Robinson street_ Suite.730 �, nEC:ORD NG FFF_S Orlando_ Pl. 32801 �'r.C;ClFiti G BY +i llAwbii-Y'n P95 IA16 - t71)Qr iJ P9s/ ALLEY USE LICENSE, THIS LICENSE_ BY AND BETWEEN THE CITY 01= OKEECHOBEE, FLORIDA, A Florida Municipal corporation (hereinafter "CITY" 1 — and UJIII IN FOtJR, INC_, a North Carolina corporation (hereinafter "OWNER"}. dated this day oft �t�Y , 20116. WIIEREAS, OWNER holds fee sintple title to the following described real property in Okeechobee County, Florida_ to wit: LOTS 4, 5, 6, 7, F and 9. BLOCK 150, OKEECHOBEE, ACCORDING TO THE PLAT THI,.REOF RECORDED 1N FLAT BOOK 5, PAGE 5, Pt_[BLIC RECORDS 01' OKEEC'HOBEE COUNTY, FLORIDA, and WHEREAS_the City ol'Okeechobee, Florida, owns the following alleyway: 'I FIAT 15 FOOT WIDE ALLFYWAY RUNNING EAST TO WES'I AND LOCATI:D 131"'1'W EE:N I , 0 J S 4, 5 AND 6 AND Lff OTS 7, , AND 9. BLOCK ►50, OKEECIIOBLI , ACCORDING TO T111' PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5_ PUBLIC RECORDS OFOKI ECHOBEE COt)NTY, FLORIDA, and WHEREAS, the OWNER desires to make certain improvements in the form of paving, � landscaping and maintaining the alleyway at�:10ia1ing between the lots 4,5,6. and Dots 7, S, 9, off �y Block 150, which is an open, unimproved alleyway, which is owned by the CITY. i 5 NOW, THF;REFOR F. in consideration of the mutual promises and covenants set forth herein- the parties agree as folk vs: I. The CITY hereby grants this revocable license for -use of the alleyway with the understanding the 0"vVNER will maintain the al'seyevay and 'dhould, it ever hec.ome necessary to remove any pavement, landscaping or any improvement thereon, in order to allow either the installation, or maintenance of water. sewer or other utility lines or any other type of installation or construction, or for any other reason chosen by the C1TY, the pavement. landscaping or any improvement thereon, will be removed by the OVE-'NER or their- agents and/or assigns at the OWNER's expense within seven days oh receipt of written request by the CITY Jor such removal. Should the CI"f Y. io, valid reason_,. require the removal of pavement, landscaping or other improvements thereon less than seven days,' notice th:: OWNER agrees to exercise reasonable. efforts to comply with sucl-t I. yuestsn dw event the CITY Should require the Gluev 10 he tcnllnrm-11% closed to trallic i0F Installatlt}rt, malPttclialtcc or repair of underground laclhtleS or utilities, the (TIN shad make every reasonable of Ort to schedule the v ork so as to permit regular hn51nCSS traffic to have Ingress and egress to the btlsinesJ However, OWN1,R_ due to such interruption of' business, Nwaives any and all r1Lhts to demand or claim, or institute litigation, seeking htlslnesS loss or damages, including attornev's fee:, that may arise out of the installation, maintenance or repave. ?. It is a(reed and understood that the Okeechobee Utility Authority and any other Public utility providers are third part) beneficiaries of this Alic} Use Agreement. >. OWNER agrees to contact their insurance company and require a rider be added to their insurance policy with a certificate furnished to,, the CITY showing the portion of the alleyway as herein described, to be used by therm, insures tire CITY against any liability arising out of alleged injuries or other activities which may occur within the alleyway. In any event, OWNER agrees and shall hold the CITY harmless for any and all action, suit, claim, injury or cause of action of any nature arising out of owner's permissive use, and indemnify CITY for such, including costs and attorney fees. /1111 4. That OWNER shall not, by such improvements made to that described alleyway, obstruct, close or otherwise restrict access to the alleyway for travel thereon by the CITY or the general public. 5. That the OWNER agrees that this license is non -assignable without the express written consent of the CITY-, and if transferred. the covenants herein shall bind themselves, their heirs and assigns, and said covenants shall run with thy: land. 6. The City Clerk shall cause this license to be recorded in the Public Records of Okeechobee County_ Florida. IN WITNESS WHEREOI the parties hereto; set their hands and seals on the aforesaid date. Signed, Sealed and delivered in the presence of: L,UIHN FOUR, C. allorth Ca�olinl corporation _. By: itness I ai J. I u 1 n. res. Witness' printed name Witness Witness' printed name / d' S PATE OFidx' "r"' %1/ p/t'i iev " 14 COfJNTY OF 0, ' - " s- The foregoing instr€ rnicil3 w•as acknowledt ed bet'orc me thi� day of 'Jl� 2016, by AIIan J. Euihn, as President ofl,u,hn I OUI-., Inc.,. ,vho signed in the; resence ofthese tivitnesses and who produced :•'��C��SA Egr��v Nol ISFAL,] _ .toi) fYPU0�i� cO7' r) r°�nty Z /Og/?aJ x�,Iles 0 N Accepted forthe City: Public Works Director Reviewed for Legal Sufficiency j City Attorney identification or}i(s,personally known. Notary Public My Commission Expires: I �L IC 9 l (city seal) Ci.y Clerk Alt NO LM MAC I 111 � N I B& 1 A (,A Ni, V, hW\j YV )Kj)f Ali N Cm ONIOCAUM, I Da"iLl �Iicll Mcwhow" 1 1 70,_� 2W RK LuS, Wn, Inc. Dcal Nhf '%Ijen: Enclosed is the Amended AS, Use Agrown, ew and jalbw , W Wor agmunwnt om: Sao U, inu on NORT X 701 A, buz Mv I. Ow OWK JIM you Q 1wr attwukm to HON nuaw, Sim:cz-cl, 6CI6-4� Lehui 1' LEQcqj Encl. VNIJ Nl)E11 `�I E1 � t'd.1,P 1,N,I 1,1nd.i Aluniup ii "!p, ' iE I us it r'-7 tist,t t �t. �, t �1c �, t 1 liIll=}Lt.-��,. r iti4�:t_r� f,�,y,, �,iu I i� ,r4_ ih 1 ai�•�.� ti � <1,-, u��tic, ,- �t! n���,ncrt� ii; THE f'I_Ai "I (li::Rl-�()I Yl M.Ic M-:( ()Rt"S t;I 0111-E .i:11 ): I.I , urns M'FI R":40° _the( it- of )keu.hLIbee_ 1 't•r;tia O`AH:,ncR' 1�All �iu��stlh ta�tE. T I I Al j; i=r )t")'@ ht ID1 AA, YAIkAK"i1__ • y t t i� s '�ii AND 9_ BLOCK 50, OKFECl110BIrE. E`z'i)h,�p �i3 I i� I HEREOF Ri:i'C)liLi ;') [1 4'I, �? F )`3F 'A`.;t _ Pi i31 H RECORD flF ()y:i-.FClt0M_,F C`()''IvP,,'. F1,0RID and WHEREAS. the OWN r it, siaakc c.ernsrin iinploxcmcnt:, ill the (M-11i of pacing, landscaping and naiiain cainiri' the alkn-)xm adjoining bcI vvcii thc lot ; .;,5,6. and I (,1, � • t , ltI Block I which ist_ti1,Tt }"(.mod 3I1v _ luji t;csl th;: cFF", NOW. THEREFORE,. nl consideritioll of dw nmitlai pwulises rind coeenants set ior-th herein, the parties ag=ree as follows - The CITY hereby grants this revocablic license t'Or case (A' the allcyvE-a% with the understanding the OWNER will maintain the alle, .way ,and should it ever become neces,ary to remove any pavement., landscaping or any imoro enteni thereon, in order to alloy. either tla:° i:istaIl do n, or st ei:t i. 5th""t i fili'., Im' o aii1 CSthef of installation or construction, or for any other reason chosen by the CITY. the pi%emelit, landscaping or any iniprovement thereon, will be removed bv the OWNER or their =�crit and/or assigns at the ONVNER's expense within seven days of receipt of %written request by the CITY for such removal. Should the CITY., for valid reasons, require the removal of pavement. landscaping or other improvements thereon less than seen di,,-.' notice. the OWNER agree- to exercise reasonable efforts to comply with dish requests. in tlae ee ertt the CITY should require the alley to be temporarily closed to traffic lot- Installation. maintenance or repair of underground facilities or utilities, the CITY ,hall nttakc every reasonable effort to schedule the work sea as to permit regular business traillic to have ingreis and cress to the. business. However, OWNER, due to such imerrupt�ion of business. waives anv and all rights to demand or claim, or institute litigation, bucking business loss or deuriages, including atiorney's fees that ma.v arise oral ofthr installation, maintenance or repair. I I I c vv IT i a In ;iw V, N 1 11, h 4 L and atforric-, fcc (hat (tiV, Nf*,[\' ,liall; mt!., h-% �,ucli 1131POW'',21-MCWVINICkA ic; th,,,o, &scribcxM' tdlr-% ciosz. Or th, alie - for travel thereon b,, t h t- it ) oj the L".11crat, j)LIhhC_ CXC',P! W, PrOVI(IC(I fior it) the 'iftc Plan attached as Exhibit A "A Iha, flltheOv,"N hl-,, ithoul , L v, ritt!'ll COM"'ti:111 kC lht� lh_- _;wcnant�. heruin shall bind ru, I A I -h- lail 11 caus�: th:_, hc 'I- th t1uhlic. Rccord, ol 6, Cit� Okeechohc,, Coilnt�� Fflo?ill_ IN VVITNESS WHERF"Ol'. the- paroles hcrclo sct thei!, hand,, and seals oti the ai'Oresaici clat- SiLmcd- ScalcUl anj dclli<,41-rcd M the prcs�ncc r)f-- By: Witness ny)nly-&t_ RAe_7-sc)y) Witness' print.-Cl narne I C, fn CrIcq m. Coln Witness' pj<ijjtud jjarnii STATF COUNTY Or-- Qyj�- 4,1,4 ­L rc ct, 1 S a c n () IVV ci L, 1"lv;;­wthi_ c d. b a,. C( 20 1 6. 11 r) ud L_k. a� Dcid ,Ctmt ofLuil-Ir, FOLAH, 1! ipncd In 1 lie pr,_7�sen.ce Ulh�se Isf \1 TH I �CcCll(Cd 4 11 - - --- — -------- -- - -- ---- � U1,111C VOO,"z DIIVCU)r Rain v-d 1,01- 1 tnla' : 'Cil\ Attorlltn /ifCl vj\ ( ommission Fxpirc< c« ('Ca'l I kk rY �2 I o - i I — i T` E I 1 J G _! SiTL OIAaEpSK�a: �� -•�. PUN .................... ....a. I�_ J� .. .,- d M LUIHN FOUR INC 0,49AC 1!5i2RA6 - $5-55,OW VG M M cm NCM 4v dY T LU it# MOM iL A 4MW 1" 1 0 45 90 L35 ft PA 1-1 7 1" CITY OF OKEECHOBEE LOTS 4,5 & 6 BLOCK 150 V, Name:LUIHN FOUR INC LandVal $41,852.00 ad _M"i Site: NE 5TH AVE, OKEECHOBEE BldgVal $0.00 2950 GATIEWAY GENTRE 9-1-VD A,,rvp-AJ;* hkgg Mall: Sales Assak $411,85ZOO I nfo Exmpt $0-00 Taxable $41,852.0011 This information, updated: 515120 M 6, was derived "lom data which was cornpiledd by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should wnot be relied upon by anyone as a determination m o a.ont! 11 ,L vZZ(1.! a 14? 1F E CAl„q, L IiCi; If FJ JI I tif, v IIVJL flit . Ai dkU AH I I to —•�� ._-- �_ -; I'dA.l, f1JYiift9 ,: 1 I ;n,' r s y�MWx rou� `- �% �)< -� tlK `j � 7A 61ktlJ.57NMJVIS . i �^ �tt '1 la rt•;I4 1 4 fll- Y�t��r 7 ow r31trG^„L x' •!"rti� � 5 ` rtliMY.*G Jtlr J' � i � , } AtlVIJ �O:a l'Lal'r;Un * f, } ave ajL a no I .z ..% I I rr.z do -II 5 Ii f r ��of S "aA � IF t so i a ca a ca l f 1 S�11c, 7-1 oI i tirL .ey � N _ aaa — 7 R m �i I lRI, r �a l.-nVa r✓! 7I.HI illy. IVI 1 lddd. 11 .Jt! -442" (W BY 773 P(i 120'4 02421!31 Pa Sao, t 97';1"Wi - ER 111 1 VRT'i9t; G L C10CUl' COUR-1 OKLECHURE HTY F Pit , , - -F (.,OU M a "FE, Permit M"! T n E� Abrams, of uell Arnold, -MaUmeny & Eaciar, PA 611-15 F_-: 1�gllfwrr St Stft 730 cl�j.r' i 11 —&fti Tam FLI� fle- I N0110E OF COMM, ENCEMENT S T. ATTE OFF NORTH CAROLINA COUNTY OF WAKE THE UNDERSIGNED heAr* gives notice that improvements will bee made to certair real Property, and in a-,=rd*nM WM--- Chaptc-I'713, Florida Statub, the folio -wing is prnwided in 1.11-IS Notice o"Cornmen=mf-I't 1. Description of property: (Leegal description of property, and streel, address if available; Lots 4, 5, 6, 7, 8 and 9, Blocmk 1.5o, OKEE-1,40BEE, according to the plat thereof as recorcied in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, 2, General desaription of lrnproveemerit7 Con5brt.tction of a Tam BeR Restaurant a. Name 1kaddress: Lulhr Four, inc., a NC corpordtfor, 2950 Gateway Ceen—_ Blvd, Morrisville, NC 275W-9615 b. Interest In the -property., Fee simple owner C. Name & address of fee simple title holder (if other than owner',': 4. Contractor information a. Name &address., CW Hay-s ;Oomtruction Go, 821 -Execuft-ve Drive, Oviedo, Ft 32765 b. Mlmna Pzvr_1xff x. Surety information a. Name & acicimms: C. Amount, of bond: 6. Lender information a. Name & address: host number, 7. Persons With the State of Florida "IesignateA by'Dwncr i!pDn whoff; notices or oLhei document-s may served as provided by §713.13(1)(aj17... Florida Statudt�es a. Name & address- Lehn E. Abrams, of Arnold, Matheny & Eagan., PA, 605 E. Robinson, Street, '181 . Su1he73Q,0riando,Fl_ 3 U-_ b. Phone number: 407-8.41-155(j 5�, tL 1 r(.Xx -opy of the Lienor's In addhiort tD hirnself, omwzeor deskytIatc—_ five f'"Micrwifl-C-31 . qvc I L Notice ' as provided it, §713.13(1 )(b), Florida Statu"_ 201 North Tlyon Street, Suite, 3000, a. Name & address: Katie B. Cumbus-, MoGulteW00111, LLF, Chadoue, NC 28202-2146 b. Phone number, 7(M-3-13-21208 Boc)k773/Page97!Q CC F11Q; fr* 0 160 0 3Y 4 2 7 Page I of 2 ro.p (R] -70 PRRl< S3d181IS 31IHAA..9 ONV (3NI-1 o K0J9d08JcJ VVOW,11) HVG MdVONnos AIN9808d. dOiS 301M.-t7Z E1IHAA'd08Jd ------ N� AAZ039.69S .09� 9A,391S8lbl OAd IIlJl C) 3KI3IS"8JHI OAd 09'Hos.'e: cio6d 'b"'JI'LHen -d081d - (A�) smo�Nv rlVNOliO38A10 3A331S'UUI OAd 08 H OS,.Z dObd ZL � ;;o C> C. "I _LXLIA T1 (D sAHn c ONUIA911 'dOHd C., m L livi.30 E13S C) 01 ONIdiblS ONE 109NAS'NEAS O/H ' - m SAA088v r", IVN01109�410 I do?Aj 0 ONldVZ)3C1NV-1 It ('du) NOUVCJNnoj dozAd S3Nn-Lxij 0NUHE)11'd0*6d (D 3dl8]-LS 311HAAJ7 H3S GNV q:N.1 dC)�jCj cl:�edld "891 IN NOLLVO __7 S, (NV-ld Ainun'-q3S) 901A l< 100" ----'H'O ISIX3 (Dr ('ci;,-L) 3d I �LLS 9c '„ �' ;,r�' 3/,331S 2J811 Ortd' /� /... 02 HOS..Z dOZJAV,NIVV3H 01 3--gZ:li NVO 13AVd I H9111d 8i3AO Dbo C -I H�]Av ..Z C"1013 -DlAs;yl6 CAH 0) D�ois llvi-ml� SAAOtRIV IVN01.1_O3NICJ J- NIVV438 ON1111011'dM�d Ol S3281 A-lVd (Z) 'iSlx�3 SAAMMV Al WGNnoo AiHEidoad r - 'dAli) S/ d' OAd 02 rtl-)S.Z -at)TJd IVNot UL) 0 lj� -, 1-1 HAA .Cj Mpol (3NI I Lt(_,A. )U6 m ('clk.L) cd -N N) 411. C.) ('dA-L) VYH38 H313VYQJ3d — -� -- --- --- -- i i (dOi) 301M, L '&Md NOUND-L-10 ('d),i) M38 U313VYN3cA VIP429 84919A183d (dOJ-) 30IN% A'dO8: d i G-40.0 qGIAA A 'dO)8d ld ur m id ti u r Y ¢y u'l y A y.. Ri m� 80 N � j a .SITE DIMENSION rneo Beet. m OKEELKOBEE m m PLAN 1_ i Y 4 L. I Y Mi AAS'I'RICHT' I: ter) f11N �Yi I-N�IDIIf �I vi ;II I I ILL t LOT 3 x. Rlorh_ ",,I - HVb+ Pdl RLOGN I. mA+Ee( 111ANC L-C 20' 1 MARCEu 3-1]-.7} .S-60tr ot5K.-09�.1 _ 2c' Iwtk ' t4 _I . 1 W!CAL7 I .; RENCMARK NO. C Pr+le>1� ST­7 NAIL/DISK %S3335" i I rIARLOuENoour➢�NocooLesaDAeF1 IN WOOD OOD UTILITY<POLE -LOWEST WIFE A wnw sA-1d1 O.ELEVATION =7.80 ELEVATION FENiT CORNER -- wuvL / oDI NGVD 29 DATUM 5Dm(41 POLL = 4o.b SAtM) (( I i / e000 P s000 s ( A :liv .....{ ._: 1... ea+t::fl_L __'•�- �91Eix: rate[ -MAIN_-5003 15 LEE _ _/ I {_— -_ - � _ �'SEWEF LMVITY 4NN 1UCDDY➢i � ____ _._._.__._ I, { + [ �10,S fi 4 NL. t. A9YMLTPANNG A H'� i F; i ;RON R00 & CAI' 23.7• wail., Wit, . _ .N f• —.1 773' Eu •-} T rtv, fig. n3 PD59RLf - 4. 8' 0.8' .—.._.— w yel . s r s. - ✓. SEw SERVICE MSTURBED C AN LMK n� I in MPkO%MATE iikCE L9RNER x' ' Pd'INVERT - 22+/- W D37-� 2 A h ASPHALT � PAMNG ASPHALT PANNG •• y 2. 9' U i m SS' I � I ,I OMNER. LiRfyt D CANitBELL LOT ] E PARCEL}Y_�37-'3-OMG-0150D-p10f ! $�� LOT 6 ]5.0' R231 150 BLOCK150. 110.3' LOT 10 RLOCR 15D Tvo STONY COMMERCIAL I. a sTR11CiLIRE ASPHALT PAVING ' FLODR ELEVATION-26.76 _ 29:3' q�{ CONCRET%WALh' w �J --ASPHALT PAVING. y[y CHAW LNW, 'tf rot.: AG'. FENCE.Dw MONITOR . I SL TARO DRAIN -- YELL ° C� 1. 71PICAL �ry ' mxay ... 5- (- _.-5WALE- _ :5_ CRASS r.--i'IND 3/9' _ ... _ SIGN / IRON ROD ➢ouBO% 5690 P NU A'ENTIFICA10N 4 So SIGN[ P 5.00'P A,50 DO'(P)iM] 3itiFdty AssLMeB>:�. :ANCRE7i WALK AI - $IDisb'S FOUN 1 .. NO i('L. NT'F(f,ATION Cz5-'`t�'�'M �.s' Y �` � � ��`'�--F=-�^e<. �.x ,s"�..+£-fir �r'„��"� + ��' � c i✓: i ` "� T ��✓] jytp [Y% Y Air' I RN1NP ti BEST WIRE nr` ( - MAIN LINK ✓ATION AT RQmI) \ 'ilNCJ GtVYNI'R I 141 _E = 46.6 WER FORCE MAIn _ o 'WER GRA\lT0 MAIN "jiN� P', �..--- 4W L Ch;14- - ASPHALT PAVING CHAIN LINK — FENCE END I O W 0.81 S 2.53 0 CHAIN LINK I �^ N FENCE CORNER T W 0.31' N I 2, 1 ASPHALT—T i Q PAVING i i t Thursday, JUne, 30, 2016 113 PM R-0 Ahvy%mvv 11 City -Bobbie Jenkin-- John, I thin!.' h-ave-i Per Property Appraisers website: Block 150, C-11 Ty 01 OK�_,_. $5551,OMW Accord in P. to thy, P'ta n -5 in, Glerterai. Services the TS 2 te r) 'I,! I Ut-S, s.f. ), $555 -$12 -96 for e, p-er price The east west alleyway within the site is 15' wide x 1,5p ion 2,250-0 s_f. . (per Building Official) S12.96 x 2,250.0 s.f, = $29,158.69 The Abandonment of Right of Way Application fee is $60MC, , >this includes advertisements, mailings, signs posted ofn prope. process n;, 51 g e— if planning consultant- fees are above cor,tract paramet led invoices n to the fee- Lhose are bit ices are bitted in additio IC requires thern, to oo before the 1-110"I . I Ij "' advertisements a recordinla fees- TRC (1 legal advertisement $58.00) Planning Board - Public Hearing (2 legal advertisemeints posted on property) City Council - I St Reading; (no advertisemen" 1 City Council - Public Hearing (I legal advel,tiseme 01 1$110 00 Recording Fees at County $25.00 Appruxii'liate Totals: $408.00 rrcli M I'. l"SI owl-Ir,f Other itemized items that are posted to the file are rriaitmgs to sill eal and costs t(J rnail 'fanning Board agenda packets, whiCl-, are divided b\ 1111oibe; ftjon`, on the same, age-nda, Lane Earnest-Gamiotea, CIMC tu City Clerk!Perssonnel Administrator City of Okee:;'rGb�ie 55 Southeas��', ' A'V I U,� r Okeechobee, FIL 3497-A 863-763-3317 2 eyl '21 � ��� �d) vt� g �-'i STY OF OKEECHOBEE General Services Department 15 Southeast 3­1' Street PAGE I Okeechobee, fo ida 34974 863-763-337 2 X 218 Fax: 863-763-1686 ABANDONMENT OF RUGHT-OF-WAY PETITION PETITION NO. Application fee (non-refundable) I Date Fee Paid: Receipt No: TRC Meeting: Publication Date: $600.00 f Letters Mailed: Note: (Resolution No. 98-1. ) Schedule of land Development Regulation lees and Charges When the cost for advertising publishing and P B I D0A Meeting: I Publication Dates: Letters tviadedi mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the City Council 1. Reading: CMR Letter R-mailed: application, the applicant shall pay the actual City Council public hearing: Publication Date: costs. Right-of-way- Definition: Land dedicated, deeded, used, or to be used tor a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. C, . a 77 77.:131(1 6)]. basements for roads and related purposes shall be considered as right-of-way. Legal Description of the bight -cif -Way to be Abandoned: Note: Upon abandonment of_a 1-Ight--of-W.1y in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple -'Interest froin the Flamrick Trust. For more information contact Gil Culbreth, 355u US Hwy 441 South, Okeechobee, Florida 34974, II 863-763-3154. Purpose of the Right -of -Way abandonment: PAGE 2 PETITION NO. Owners, mailing address: j Owner(s) e-mail address: j Owners; daytime phone(s):-- _ Fax: Copy of recorded deed of petitioner as well as an; other property owner whose propert;, is contiguous to the right -of way. I,etter s of C-,:)nscnt O*-.,'3bjectiam (ie.more fl-an one property r}gLh■�n- er is in(�{foN,,ed and h eyTare Snot igning t8 e �l of i2y. QE No feet BinL O�'*'; E OR- �'LDD a'.� 0 �(AL INSTRUCTIONS itUCTIONS Location map of subject property ansurrounding area within 00' '�See Information Request Form attached) and dimensions of right-of-wa.y. List of all property owners within, 30 ' of subject property (See Information Request Form attached) Site Flan of propertq° after abandonment '-No 'aa ge€`than ' _ ), 171 Utility Companies Authorization Form. f See attached; Supplementary supporting information: Copy of recorded Plat of the Subdivision where right-of-way exists no larger than 110 T (Can be obtainer; from the County Clerk's Office, Court house) If there are other property owners that are contiguous to the subject, right-of- way, a notarized letter must be attached with the following information_: date, their name(s), what property they own,, and whether they object to or consent to the right-of-way abandonment. (See attached sample letter) % onatioo��nforatiQn Accuracy —------------ -, I hereby certify that the information contained in and; or attached with this petition is correct. The information included in dos petition i for use by the City of Okeechobee in processing my request. False or miskading nforin_3tion may b punishible by a 11-ine o lip to $500M(I and y�^ -_: -nra !- C:: xL� to �n days ... result s_, aa,l .a''"'"$'J" i ( {ry `a� f�.this tPj fz YS ¢i {'S _P_. illl�J11.7i}sial2ent o up i 3 da s i may : _sul :. in =-ad _ _ �Lt Hits. i Signaturu1y Y a t _ - CITE V OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS.- Deliver the pefififfn and 131is, form to fbe foliowing Utility compal�if­, kn. rwxllneni_%. R [nest be �Si n-d and date,-' wiffi a Coda` art numbe- for each verson. Florida Power � Light 863-467-3721 or Donna Padgett 0,C'J_ A r- Authorized Signature Century Link 863-452-3473 Tess Bentayou. tess.beiitavo@centurxrlip-k.,---or�-, F—Comcast Cable ro— ___ 863-763-2824 107 qW7"-,Avenue Typed Name L, Titif- Typed Nanie S,-, Tith Phone No. Date 11hone Nc Date Authorized Signature Typed Name &Tide Phone No. Date *REQUIRE-0 CONIA' FOR CITY OFOKEECIFIOVEF, CiTy'Opp OKEECHOH WESUBVIVISTONC Hai rick Estate Gil Cufhretft; Cis -'Trustee 863-763-3154 Authorized Siloliatur,Typed Name K, I iUe Phone No. Dale FINDINGS REQUIRED FOR GUOI TINE A V hCATI P IGHT - PW.WAS (Sec_ 7 -33, page CD78-4 in the LDR's) It is the Petitioner's re xp or i Ui t _ �', � p C .x _ _.. g N Yee. h p p e pl n� O _ -' - � 1�. f, ti � � pis f;. <_� � +..rliii.brrs e'�s c 43�iF��� Board; BOA and City Council that approval of the proposed used i aication, F�; justified. Specifically, the Petitioner should provide in its/her-``prlication ;gyp:;? pr sc—tta on stiffis:ivnt explanation and docurnentaU E "; convince the e1 ietll 'ing Nody to find that: 1 Proposed vacation is consistent with the Comprehensive Plan: 2. Right-of-way to be vacated is not the sole access to access is not an easement. ME and the Placation is in the a�uMc intei-est and pnn&des a benefit M the City: - --� - - 4. Proposed raca'tion would -not jeopardize the locati } i fan ujtiltt -_ ------ - � - The C.}i A ^ _. We _ _ _t -x .. ._ ay. SLYb,:'i1Ssio.; .s'_ --gby- of the '4,�T�vf- :: Checl-dist fo.- Abandonment -,,f Right--Iof-Way Petition No. Required Information and Attachments 1 :1 A P p! I c- a, 6 C J k' -.1 () F $60 "f� Note: (Resolution No. 98-1.1) Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the -established fee, or when a professional consultant is hired to advise therl—tv- on, the application, the applicant shall pay the I 1� «rtua:ots. Completed and signed petition 3 Copy of recorded deed of petitioner as weal as any oth"', property owner whose property is cog-u ntimls W the -Way. H 5 6 Letters of Consent or Objection. HI'more fluan -onc ProtP-ort-Y nvvnerir, involved and they are not signing, the pet' "'Jon" Location map of subject, propervy and surrounding urea within 100' (See Information Penuest, T---rn al-tarhe-d! �jiz -iejii� In - List of all property owners within 300'of subjec' roperhy- 'See 1-11fo Request Form attta-chedll r than -- 1 2,� 7 Site Plan of propertil aftc- abando=c,nt- M) "al . -L, 1� I, 7 Utility Companies Authorization, ern,- attached) A 9 i Copy olfrecorded 'Pia -I -ji-the -'uhiciMsion whel-erig!lt-01-w2v eXi sl-s no, - La r-er tha n 1 IY-IR 7, IC -a f � be fied, -'o It CO � ff" e' Date RcVd Ck'd 9u por'r ; -r tea okeec I Property Owner Names Parcel Identi f ica t for f-,sumber ------. _.-------�---------- ------------ Contact Person �Nai'�ia ltQi5?lrf.'1..l' �..., .e.:s=. P-su,'8.-.. 1-YS L$SYObE...M Requested Items Deeded By Project Type (CIrc-le One or Check Box) -. _ --- - ----- ... --- -I ----- --- ---- - - — Iterr..s Needed: � Items Needed Location map 1i siiPrQunciing property firorn. the Location map su^Pourzszinq property from the outermost portio n of subject property.Qutermost portion of 5t;terp Cre*f P�aSuwwoun-1;nFi �,f,; , n agamrt owner from on,, --he ; U e. $ \ut eF i C var.- ce Future 1-andse Map Am Items Needed: I Location map 11010 surrownding property, -fron-i the � Items Needat_ QGtn-,C3St '-w .Y. U .c3i iJ1 ����-+L '.f t}iJ... t l e;.�4.?�..0 ieiv i4§tS�.T ly?a.d 3i.S41'J x Surrounding owners mailing a ld&ess- 300' E portion of subject property property I e outermost po,t or -, ` si � ro rt, frorrb tk�� � ` .��je� p, ,�� Abandonment g t-of-Wap Alley Closing Location; map 100 surrounding pr ope, t *„c13T t-Ir- � outmost port+or, of subject property. Surrounding prapertl owner- mai;inn address 3 ^. i from the outermost portion of subsect proper-?'_ � _-----_—.__�.._.-------------- ken `". " request form or fax Or t-o the following attention: Angein ,tones Fowler � Okeechobee :,Cooun li y Property Appraisers Office- � 2 Phone: (8 31 0-44i'L, Fay: (863) 763 4745 (insert namefs) of the owneLls) name, perso-nLIsl who is siqy,0qlr--f the qpn,-ent? _ffrn I r of - - own the -1011CMA19 pfc3pelly. Do hereby consent or agree, with mydour signature below, 'to the closing ofthe alley and/or street described below: s e rith e /e i f th-tr _2e eq-1 q.-f- afiley reggiesting to be closed) ­V7 th in fwn PaMP-s ` Ph- word " d7,50i sign-7fures are required; Jim and Jan 11, e Doe. It if is in "or" oniy one signature is requtr_ed, ie.- Xmf or Jane Doe. If company, the Registered Agent or PresidentlManagers Name and attach Sunbiz.com information', Si.gnAttjra j-)f Mr r)priN, r - .! , F Printed Name STATE OF Printed Name The foregoing instrument was acknowledged before me th;-- who is personally known to r-ne or who produced identification and who did (did not, take oath. SS -al '_--Nmm=,zsicon Nn �-p (Name of 'NiDtar I I pnnted or starnp-d) At IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner CIVIL ACTION NO.: 2013-CA74k4�— _Vs- PARCEL NO.: 100 C", r- MICHAEL HAMRICK, SUCCESSOR M rr CO -TRUSTEE AND H.G, (GIL) M= C^ CULBRETH, CO -TRUSTEE UNDER C) CD -n THE TESTAMENTARY TRUST OF W 73 RICHARD ELLIS HAMRICK A/K/A R.E. HAMRICK, DECEASED; CITY OF OKEECHOBEE; W.C. SHERMAN, PROPERTY APPRAISER; CELESTE = = C) WATFORD, TAX COLLECTOR. --- 4 Defendants. STIPULATED FINAL JUDGMENT THIS CAUSE having come upon joint motion for the entry of a Final Judgment made by Petitioner, FLORIDA DEPARTMENT OF TRANSPORTATION, and Defendants, MICHAEL = HAMRICK, SUCESSOR CO -TRUSTEE AND H.G. (GIL) CULBRETH, CO -TRUSTEE G) C. Cjm,n - - UNDER THE TESTAMENTARY TRUST OF RICHARD ELLIS HAMRICK A/K/A R.E. c=1 0' HAMRICK, DECEASED ("Hamrick") AND THE CITY OF OKEECHOBEE ("City"), It 0 M -7z appearing to the Court that the parties were authorized to enter into such motion., and the Court rn finding that the taking is necessary for a public purpose and that the compensation to be paid and anv other consideration to be provided as set forth herein by Petitioner is full, just and. reasonable 3' cr --4 r o for all parties concerned; and the Court being fully advised in the premises, it is therefore: C: 0 M LA ,:.n M Le Q L, 7� r i n n ORDERED AND ADJUDGED that Defendant Hamrick, does have and recovers of and frorn the Petitioner the sum of FOUR HUNDRED FIFE THOUSAND AND NH/100THS ($405,000.00) DOLLARS, in settlement of all claims for compensation from Petitioner whatsoever for all claims related to real estate, business claims, severance damages and all other damages or claims of any nature for the resolution of the property herein taken, as they related to Parcel 100. ORDERED AND ADJUDGED that the Defendant City of Okeechobee, does have and recovers of and from the Petitioner the sum of FOUR HUNDRED FIVE THOUSAND AND NO/100THS ($405,000.00) DOLLARS, in settlement of all claims for compensation from Petitioner whatsoever for all claims related to real estate, business claims, severance damages and all other damages or claims of any nature for the resolution of the property herein taken, as they related to Parcel 100, ORDERED AND ADJUDGED that title to the following described property, to wit: (See attached legal description Exhibit A) Z 7 �; l a ©F F ¢, a ,.€�� �� l! P@ :D,:a-i which vested in the Petitioner pursuant to the Order of Taking and deposit of money heretofore made is approved, ratified and confirmed. It is further, ORDERED AND ADJUDGED that Defendants do have and recover from the Petitioner the sum of SEVENTY TWO THOUSAND AND NO1100THS ($72,000.00) DOLLARS, in attorney's fees and expert costs. ORDERED AND ADJUDGED that the terms and conditions of the Mediated Settlement Agreement, executed by the parties on December 19, 2014 shall be binding upon them and enforceable by this Court as if set forth fully herein. ORDERED AND ADJUDGED that within thirty (30) days of the date of entry of this Final Judgment. PETITIONER shall remit the total sum of a FOUR HUNDRED TEN THOUSAND FIVE HUNDRED AND NOl100THS ($410,500.00) DOLLARS, which is the sum of $882,000.00 minus the credit of FOUR HUNDRED SEVENTY ONE THOUSAND FIVE HUNDRED AND NOl100THS ($471,500.001 DOLLARS, which was previously deposited pursuant to the Order of Taking. The check shall be payable to the Trust Account of Moore Bowman & Rix, P.A., 300 West Platt Street, Suite 100, Tampa, Florida 33606 and mailed directly to the law firm of Moore Bowman & Rix, P.A., cfo Gregory S. Rix, Esquire, 300 West Platt Street. Suite 100, Tampa, Florida 33606 for proper disbursement. DONE AND ORDERED in Chambers at the Okeechobee County Courthouse, on this _Y_ day of January, 2015. 3 The Honorab Gary/Sweet Circuit Court Judge Pnse� !��Frr�� EE:a rf ? i �€ €'`fin i n Cyr c ni . , CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy hereof was furnished by U.S. Mail this - . day of January, 2015, to all those addresses on the attached service list. Judicial Assistant 30INT MOTION COMES NOW the parties to this action, by and through their undersigned attorneys and respectfully move this Honorable Court for entry of the Foregoing Stipulated Final Judgment this day of January, 2015. H. Adams Weaver, Esquire Florida Bar No.: 125210 Jones Foster Johnston & Stubbs, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 Attorney for City of Okeechobee aweav M@io/n�esfa�=r.c_ om L / Andrew J. DeNering, quire Florida Bar No.: 975117 Department of Transportation Post Office Box 1249 Bartow, FL 33831-1249 Attorney for Florida Department Of Transportation Andrew deneringQdot.state.fl.us Gregory S. Rixt Esq ire Florida Bar No.: 327217 Moore Bowman & Rix, P,A. 300 West Platt Street, Suite 100 Tampa, FL 33609 Attorney for Hamrick Brix mmbrfirm.com PrenLr-'r-,-,!D'�-1-- P,h r,---Ki-H-1s )11 9^'Sr)Ar) P, DnnL� A of , n Case No.: 2013-CA-424 SERVICE LIST H. Adams Weaver, Esquire Jones Foster Johnston & Stubbs, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 Attorney for City of Okeechobee aweaver@i onesfosten com John W. Cook, Esquire 55 SE 3`d Avenue Okeechobee, FL 34974 Attorney for City of Okeechobee j ohncook(a-)cityofokeechobee. com Gregory S. Rix, Esquire Moore Bowman & Rix, P.A. 300 West Platt Street, Suite 100 Tampa, FL 33606 Attorney for Hamrick Loren E. Levy, Esquire The Levy Law Firm 1828 Riggins Lane Tallahassee, FL 32308 Attorney for Property Appraiser levytorres c�me.com eri. smith(com cast.net Celeste Watford Okeechobee County Tax Collector 307 NW Fifth Avenue Suite B Okeechobee, FL 34982-2571 Andrew J. DeNering, Esquire Department of Transportation Post Office Box 1249 Bartow, FL 33831-1249 Attorney for Florida Department Of Transportation 1 Fir-,-,17r�;7IG°mricz5P,�i2 F-`r Ki+.,9nirfnn iAP1', �:)!artC� C n.f Ir" E)NIBR A-1 F.P. NO. 4258461 SECTION 91070-000 STATE ROAD 70 OKEECHOBEE COUNTY DESCRIPTION PARCEL 100 Page 1 of 5 ESTATE OR INTEREST TO HE OBT—LIN Df FEE SIMPLE - RIGHT OF WAY A) That portion of Block G, Flagler Park, Okeechobee, a subdivision in Section 16, Township 37 South, Range 35 East, as per plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Being described as follows: Commence at the southwest corner of said Block G, said corner being on the east right of way line of S.W. 4rh Avenue and Hicpochee Street (per said plat); thence along the west line of said Block G, and said east right of way line, North 00009'42" West a distance of 150.00 feet to the northwest corner of said Block G, and to the south existing right of way line of State Road 70 [N.W. Park Street & North Park Street (per said plat)] for a POINT OF BEGINNING; thence along the north line of said Block G, and said south existing right of way line North 69°51'01" East a distance of 299.96 feet to the northeast corner of said Block G and the west right of way line of S.W. 3rd Avenue and Miamee Street (per said plat); thence along the east line of said Block G, and said west right of way line, South 00009'42" East a distance of 25.50 feet; thence South 89051,01" West a distance of 57.47 feet: thence North 85°08'00" West a distance of 236.26 feet; thence South 44051'01" West a distance of 10.12 feet to said west line of Block G and said east right of way line of S.W. 4`h Avenue and Hicpochee Street (Per said plat); thence along said west line and said east right of way line North 00009142" West a distance of 12.00 feet to the POINT of BEGINNING. Containing 5,097 square feet. ALSO 3 F.P. NO. 4258461 SECTION 91070-000 STATE ROAD 70 OKEECAOBEE COUNTY DESCRIPTION PARCEL 3.00 Page 2 of 5 B) That portion of Block L, Flagler Park, Okeechobee, a subdivision in Section 16, Township 37 South, Range 35 East, as per plat thereof recorded in flat Book 5, Page 5, Public Records of Okeechobee County, Florida. Being described as follows: Commence at the southwest corner of said Block L, said corner being on the east right of way line of S.W. 3rd Avenue and Miamee Street (per said plat); thence along the west line of said Block L and said east right of way line North 00009142" West a distance of 150.00 feet to the northwest corner of said Block L, and to the south existing right of way line of State Road 70 [N.W. Park Street & North Park Street (per said plat)) for a POINT OF BEGINNING; thence along the north line of said Block L, and said south existing right of way line North 89051'01" East a distance of 300.00 feet to the northeast corner of said Block L and the west right of way line of S.W. 2nd Avenue and Kissimmee Street (per said plat); thence along east line of said Block L and said west right of way line South 00009'42" East a distance of 25.50 feet; thence South 89051'01" West a distance of 300.00 feet to said west line of Block L and said east right of way line of S.W. 3rd Avenue and Miamee Street (per said plat); thence along said west line and said east right of way line North 00009142" West a distance of 25.50 feet to the POINT OF BEGINNING. Containing 7,650 square feet. ALSO C) That portion of Block E, Flagler Park, Okeechobee, a subdivision in Sections 16 and 21, Township 37 South, Range 35 East, as per plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Being described as follows: 4 Rnnic'7��?s= an�r. i C.sf� 7 `"t, � ."ir1/1 C1e;T; Inc ! = I (: r"`#�Bti F.P. NO. 4258461 SECTION 91070-000 STATE ROAD 70 OKEECHOBEE COUNTY DESCRIPTION PARCEL 100 Page 3 Of 5 Commence at the southwest corner of said Block E, said corner being on the east right of way line of S.W. 2n6 Avenue and Kissimmee Street (per said plat); thence along the west line of said Block E, and said east right of way line North 00009142" West a distance of 149.37 feet to the northwest corner of said Block E, and to the south existing right of way line of State Road 70 (N. W. Park Street & North Park Street (per said plat)] for a POINT OF BEGINNING; thence along the north line of said Block E, and said south existing right of way line North 89051101" East a distance of 232.54 feet to the south existing right of way line of said State Road 70 (per Section. 91020-2535); thence along said south existing right of way line for the. following seven (7) courses: (1) South 000131570 East a distance of 1.45 feet to the beginning of a curve having a radius of 66.50 feet; (2) thence along the arc of said curve to the right a distance of 59.94 feet through a central angle of 51038130" with a chord bearing South 640241420 East to the end of said curve; (3) South 51024133" West a distance of 3.00 feet; (4) South 340041090 East a distance of 10.01 feet; (5) North 60027109" East a distance of 3.00 feet to the beginning of a curve having a radius of 66.50 feet; (6) thence along the arc of said curve to the right a distance of 26.51 feet through a central angle of 22050'15 with a chord bearing South 180071430 East to the end of said curve; (7) North 890431171, East a distance of 1.12 feet to the end of said courses and to the east line of said Block E and the west exist ng right of way line of Parrott Avenue (per said plat); thence along said east line and said west existing right of way line South 00010117" East a distance of 48.88 feet; thence South 89153142" West a distance of 4.00 feet; thence North 00010117" West a distance of 23.26 feet to the beginning of a curve to the left having a radius of 60.00 feet; thence along the arc of said curve a distance of 94.23 feet through a central angle of 89058'42" with a chord bearing North 45009138" West to the end of said curve; thence South 89050'57" West a distance of 235.82 feet to said west line of Block E and said east right of way line of S.W. 2nd Avenue and Kissimmee Street (per said plat); thence along said west line and said east right of way line North 00009142" West a distance of 26.00 feet to the POINT OF BEGINNING. Containing 7,781 square feet. 5 ry L7"-Fe/0 2r�caP:i--,'f �— -- i-H- 7 I C.,r) C) n A()P ::)onci P of 1 (1 MXttlBlf� F.P. N0. 4258461 SECTION 91070-000 STATE ROAD 70 OKEECHOBEE COUNTY DESCRIPTIOE PARCEL 100 Page 5 of 5 line of Parrott Avenue (per said plat); thence along said west line and said east existing right of way line North 00011'C3" West a distance of 13.50 feet to the POINT OF BEGINNING. Containing 7,473 square feet. ALSO E) That portion of Block P, Flagler Park, Okeechobee, a subdivision in Sections 16 and 21, Township 37 South, Range 35 East, as per plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Being described as follows: Commence at the southwest corner of said Block P, said corner being on the east right of way line of S.E. 2nd Avenue and Tallahassee Street (per said plat); thence along the west line of said Block P, and said east right of way line North 00002125" East a distance of 149.62 feet to the northwest corner of said Block P, and to the south existing right of way line of State Road 70 [N.W. Park Street & North Park Street (per said plat)] for a POINT OF BEGINNING; thence along the north line of said Block P, and said south existing right of way line North 89051102" East a distance of 299.57 feet to the northeast corner of said Block P and the west right of way line of S.E. 3=d Avenue and Cherokee Street (per said plat); thence along the east line of said Block P, and said west right of way line South 00005'21" East a distance of 18.00 feet; thence North 45006'59" West a distance of 9.95 feet; thence South 93053'42" West a distance of 140.09 feet; thence South 89051'02" West a distance of 153.26 feet to said west line of Block P and said east right of way line of S.E. 2nd Avenue and Tallahassee Street (per said plat; thence along said west line and said east right of way line North 00002,25" East a distance of 25.50 feet to the POINT OF BEGINNING. Containing 6,549 square feet. ii Ciry of Daytona Beach v. little Court of Appeal of Florida.. Fifth District August 27. 1993. Filed CASE No.: 921-1'",23 Reporter 630 So. ?d 586: 1993 Fla. App. LENS 8743: 1£ Fla. L. Weekly D 18S 7 THE CITY OF DAYTONA BEACH. Appellant. v. JAMES R. TUTTLE. Appellee. Subsequent History: [''1] Rehearing Denied September 27. 1993_ Released for Publication November 9. 1993. Petition for Review Denied February 17. 1994. Reported at: Prior Histon Appeal from the Circuit Court for Volusia Counts. John V. Doyle.. Judge. Disposition: REVERSED AND REMANDED. Counsel: Frank B. Gummey. III. and Marie Hartman. Daytona Beach, for Appellant. Glenn D. Storch. Daytona Beach. for Appellee. Judges: C'OBB. GRIFFIN. DAL?KSCH Opinion by: COBB Opinion [#587] COBB. J. The Cite of Daytona Beach appeals from an adverse judgment quieting title in the plaintiff below. James R. Tuttle. in respect to a narroNv strip of land abutting the Halifax River within the City. The property,, in dispute is on the easterly side of Sickler Drive (previously Riverside Drive) in the Ballough Subdivision. -which ,was platted in 1923. That plat is shown below,-: SEE ILLUSTRATION IN ORIGINAL The disputed property lies between the platted road (hereinafter referred to as Riverside Drive) and the present high watermark of the river. -which is a tidal estuary. in the area designated "Shore Slope." It is bounded by the easterly projections across Riverside Drive of the northerly line of Lot 6 and the southerly line of Lot 9. Tuttle claims riparian rights in conjunction therewith. In addition to his deraigiuiient of title to Lot 9 and the easteriv half of Lot [-*2] 6. Tuttle relies upon quitclaim deeds to the disputed strip acquired from heirs of Ballough. Nvho filed the 1923 subdivision plat. The defendant City did not claim o'\vnership of the property- adjacent to the water. but maintained the public had the right to use and control the property on the water side of the platted road pursuant to the accepted dedication in 1923 of the public street easement. Page ? of ' C:,_So, -1d;e6. "557: 199; Fla. App. LEXIS S7.4- .1_ 2 Testimony at trial established that both the Cite- and various owners of Lots 6 and 9 had provided maintenance of the disputed land over the years. Extensive grading. clearing and planning had been done by the City around 1980. Tuttle has never objected to the maintenance done by the City during his ownership. The plat shows only t-,vo lots on the river side of the street: Lot 18 on the southeasterly end. which is draNvn with three solidline boundaries but is open on its western side; and Lot 20 at the northwesterly end. -,yith all boundaries sho« n as dashed -lines and part of [*588] -tvhich overlays the riallt-of-,\vay. A curved dashedlilie is shown running from the open end of Lot IS all the way to Lot 20. Although no measurements are marked. the dashed -line appears to be approximately 60 feet from. and parallel [`3] to. the solid -line of the Riverside Drive right-of-Nvay. On one side of the curved dashed -line are the -,words "Shore Slope": on the other side are the Nvords "Halifax River." Other evidence submitted at trial established that through the years since 1923. there has been considerable filling along the shore Ili the area adjacent to and north of this propert, both authorized and unauthorized. Expert testimony focused on the probable extent of the shore on the easterly side of Riverside Drive at the time it -,vas platted in 1923. An aerial survey in 1954 indicated the disputed strip opposite Lots 6 and 9 varied from zero to 15 feet. Current surveys sho,,v the Nvidth to vary from 32-41 feet. Tuttle's expert lvitness. R'ilbert. opined that the dashed -line running some 60 feet easterly of and parallel to Riverside Drive marked the high watermark and that the area in between designated as "Shore Slope" was "dry land" in 1923. Filbert also. as an alternative interpretation. said the water line may have been the platted right-of-way itself. The trial court found that "a measurable area of land existed in 1923 between the eastern edge of the 60- foot right-of-way platted as Riverside'Sickler Drive [**4] and the high watermark of the Halifax River across from Lots 6 and 9 (the subject property)." It further found that the dedicated public right-of-way GIG riot toiled nor approxiniately touch the Halifax River 11"i 1923 or at any tulle since. The court also found that the City of Daytona Beach oxyned Lot 6 ill the early 1940's. and quitclaimed it. including riparian rights. to Tuttle's predecessor 111 interest. Rio evidence. said the trial court. was introduced by the City that wotild justify "expanding the 60-foot wide dedicated street easement known as Riverside'Sickler Drive beyond the confines of its platted right-of-way." Thereupon. the court quieted title in Tuttle to Lot 9 and the easterly one-half of Lot 6. Charles A. Ballouali Subdivision "together «with any interest Nvliich (Tuttle) may have in and to the land lying easterly of Sickler Drive opposite the aforesaid Lots 9 and 6. whether exposed or submerged." Argument in this case. both at the trial level and on appeal. has focused on whether the 1923 plat indicated a stretch of land separating Riverside Drive from the Halifax River which Ballough intended to reserve to his private ownership. The evidence before us conclusively shows that [**5] the answer to this question is that he did not so intend. There are several reasons for our conclusion. First. it should be noted that even if some land existed easterly of the designated right-of-,vav in 1923. that fact would not be dispositive of the issue raised by the quiet title action. lien a street touches or crppro im«tehY iortche.s the body of a navigable NvatelAvay. the riparian rights attached to the property subject to the street easement are impliedly dedicated as an incident to the easement. See W, 0,!— _5 Fk�. 01 iFjo. It must also be remembered that ambiguities regarding the extent of the dedication in the Page 3 of 6 .... So. _'d 56, ";SS: 199= Fla. App. LEXIS 57-1_ _ plat should be construed in favor of the public. F/o' 1"J(r _ (1�' oc `:i P-, The dashed -line running parallel to the easterly solid -line of the street dedication provides the basis of Turtle's claim. But that line simply cannot represent a high Nvaternnark because of its angular [**61 configuration at both ends. Moreover. the equivocal opinion offered by Wilbert (that there may have been 60 feet of dry land east of Riverside Drive) was based solely" upon the parallel dashed -line on the plat. That opinion was unsupported by any evidence presented at trial. is inconsistent it,-ith subsequent plats and aerial photographs. and has no basis in the record. An 1883 plat of the area clearly shows the street in use at that time. corresponding to the later Riverside Drive. bordered directly on the Halifax River. It is significant that Ballough did not assign a number to the area in question. although lie did ascribe numbers ( 1S and 20) to [*589] other lots, whether dry or submerged. lying easterly of Riverside Drive. The name "Riverside Drive" is suggestive in and of itself. Moreover. the term "Shore Slope." «Flute somev,Fhat ambiguous. is most analogous to the recognized terms "shore" and "shore lands." which are defined by Buck's Lciw Dictionar7'.. (rev. 4th ed. 1968). as follows: SHORE. *** Strictly and technically. lands adjacent to the sea or other tidal waters: the lands adjoining navigable waters, where the tide flows and reflows. which at high tides are submerged, and at [**7] lot tides are bare. [Citations omitted]. The space bounded by the high and lower water marks. SHORE LANDS. Those lands 1y1nQ between the lines of high and loss- water mark. [Citations omitted]. Lands bordering on the shores of navigable lakes and rivers below the line of ordinary high water. Based on the foregoing definitions. it is clear that use of the word "shore" on a plat ordinarily does not connote dry land which is subject to private ownership. From a definitional approach. the area marked "Shore S�'lope"" would seerin to de-fe Ind �.•n err varrl 4 the li"cl- . t(..inark ee i `M 1 1 C7....._, t'..._....,. _ V11 1C111\r 1 I1 . Gl k, Vl 111 C. 111 �11 �l al Cl lllCi111. .�t�, �; ((" ��! 1 i�/ (r(.r/! Siinthr 88 So. ai 619-6 0, NVe also find it significant that there is no record sho,,wing that Ballough ever- attempted to deed or devise the area herein at issue. In 1924 Ballough conveyed Lot 6 with "any riparian rights." clearly showing that lie did not consider there was any land lying easterly of the dedicated road at that time. otherwise anv such riparian rights would have accrued to that land rather than to Lot 6. The only theor- 7 upon whick it could have been contended that Lot 6 carried riparian rights ,�-as that its fee extended across the dedicated street easement to the high watermark [**81 -- not merely across the street easement to another piece of land abutting the high watermark. See Boo ifm- r. Grry(­­, 50So d S86 (Fla 1st J'QS- Clearly. Lot 6 as platted by Ballough did not extend easterlv of Riverside Drive. Tuttle's claimed ownership of the property in dispute based upon quitclaim deeds from Ballough heirs is equally unavailing. If Ballough did not retain the property easterly of the road. it could not have passed to his heirs. A quitclaim deed from a nonowner conveys nothing. Nothing in the plat itself indicates a reservation of rights to Ballough in regard to the "Shore Slope" area. Cf. Bin--(Vt_.t._ �Mi of A review of the plat. this record and the history of the disputed property leads to the conclusion that Ballough did not retain the disputed strip lying easterly of Riverside Drive and did not include it as part of Lots 6 and 9 on the plat. The alternate argument of Tuttle is that the City relinquished its riparian rights Page 4 of 4 6-,-moo. ?d 586. "-589: 1993- Fla. App. LEXIS 874- 8 opposite Lot 6 by reasons of the 1942 quitclaim deed it executed to Tuttle's predecessor in title. That deed purported to [-*9] relinquish any claim by the City to the following described propern- Lots three (3) four (4) and six (6) Ballough Sub Block thirty six (36) Mason &- Carswell's Holly_ Hill. v,-ith Riparian rights. according to map thereof in the Public records of Volusia County. Florida. It is Nvell settled that «here lands have been dedicated to a municipality the municipality holds the title in trust for the public and has no power. unless specially authorized by the legislature. to sell or appropriate such lands for the use and benefit of private interests. Krgmer c. Cm— o-,-La%eimja`..So. o' 126 r`Fla. 101,"zSr, On, oi-Cord t ahie.: i•. O/d Culler Brn- Homeowiier•.- Corn>.. 5?C) So. =E,€ 1.78S iFIci. 1ri r)r_1 198S� . «'pile the City here under its charter had the power to vacate its streets and other public ways in 1942. see section 15. Chapter 19768. La«-s of Florida 1939..S7are r. of-Dm,tono Bead?.'o Ia. 1 " ) . the parties point to no legislative authorization for transfer of the riparian rights to a private interest. '- The City thus did not transfer the riparian rights opposite Lot 6 when [* 10] it executed ['°.--,90] the 194-2 quitclaim deed to Tuttle's predecessor in title. Accordingly. we reverse and remand for entry of a judgment finding that the riparian rights herein in dispute are encompassed by the dedicated easement of the City of Daytona Beach and held for the benefit of the public. REVERSED AND REMANDED. GRIFFIN. J.. concurs. DAUKSCH. J.. dissents. without opinion. End of Document Cite Resohltioii 42 , authorizing execution of a quitclailil deed as to Lott 3. 4 and 6 makes 110 mention vdiatsoev er of riparian right'. Brickell i% Ft. Ltruderdaie Supreme Court of Florida April 26, 1918 [NO DOCKET NUMBER] Reporter ?-; Fla. 622. ?£ So. 681: 1918 Fla. LEXIS 484 NIARY BRICKELL..4ppellcmt, V. TOWN OF FORT LAUDERDALE, 4ppe7le Prior History': [***l] Appeal from the Circuit Court of Broward County. H. Pierre Browning. Judge. Decree affirmed. Counsel: ilkC-4skill & jlkC'askill and E. O. Locke, for Appellant: J F Brun, for Appellee. Judges: BRMN- NE. C. J.. TAYLOR. WHITFIELD. ELLIS AND NVEST. J. J.. concur. Opinion by: BRONkNT E Opinion [-623] [-*681] BRMN NE. C. J. -- The suit brought in the Circuit Court for BroNvard County by the city of Fort Lauderdale the appellee herein. against Man- Brickell. is in effect an action to enjoin the defendant below from obstructing North and South River Streets in the city of Fort Lauderdale by erecting buildings, providing whan7es. docks. boat ways and other obstructions on such parts of those streets as are contiguous to and bordered by the waters of New RiN-er. a navigable stream «•hick extends through a part of the city. On the 20th of April. 1896. Mary Brickell and William B. Bickell her husband owned certain lands on «-hick theN- laid out a to«•n site. subdivided into blocks or lots with streets and avenues. and caused the subdi-%Tision to be platted. The plat was duly recorded in the records of Dade cotuity. and contained this inscription: "Know all men by these presents that. we. William [***2] B. Brickell and Mary Brickell. his -,wife. have caused to be made the following attached map of the subdivision of the South half of the South half of Section 3 and the North half of the North half of the South half of Section 10. in Township 50 South. Range 42 East, in Dade County. State of Florida. to be kno,,N,n as Fort Lauderdale: and that we do hereby dedicate to the perpetual use of the public. the streets or highways shown thereon. reserving to ourselves. our heirs. personal representatives. successors or assigns. oxNrning lands abutting or adjoin the same. the reversion or reversions thereof wheneN,er discontinued by law." [* `682] A demurrer to the bill Ni-as overniled and the defendant filed her answer. Testimon-\- was taken on behalf of both parties and the chancellor- in his final decree held. that NVIlliam B. Brickell and Mai-�- Brickell were owners in fee simple of the land platted as the town of Fort Lauderdale. [`624] and that they dedicated to the perpetual use of the public the streets and highways shown thereon. and that they Page 2 of 6 75 Fla:�:_i2. *624: 78 So. 68I. **682: 1918 Fla. LEXIS -,4. Yxr, confirmed such dedicating by making deeds of conveyance to land described therein by reference to such plat. and that by virtue of such dedication [***3] there was vested in the public an easement into and over the streets and highways. and that North River Street as shoNvn on the plat is not of uniform width and that its south or southerly boundary is the waters of Nevv River. and that South River Street as shown on the plat is not of uniform width and its north or northerly boundan, is the waters of New River. that the fee in the land over which North and South River Streets are laid out and dedicated is vested in Mary Brickell or her hairs. personal representatives. successors or assigns. subject to the easements aforesaid, and that "the owners of the fee and the public have a coexistent right. the owner to use the land and the public to use the street and one does not destroy the other. The owners right to use the land is limited to such purposes as do not interrupt or interfere with the free use by the public for all proper and la-%yfiul street purposes." and "that the town of Fort Lauderdale has the right through its proper officers and agents to regulate. improve. maintain and control said streets and highways for the use of the public. for all proper lawfirl street and highway purposes:" and enjoined the defendant Mary Brickell from [***4] doing or attempting to do any act. thing or deed that would in any 'kyise interrupt or interfere with the town of Fort Lauderdale in exercising its lawful power and right to regulate. improve. maintain and control the streets and high,,vays aforesaid. to-,vit, North River Street and South River Street, as construed to be shown on said plat of the town of Fort Lauderdale. [*625] and that "all other matters and things in and by complainants bill of complaint prayed are hereby denied." Upon the entry of appeal by the defendant, the complainant filed cross assignments of error. to the effect that. the final decree is ambiguous in that it does not clearly and specifically find and decide whether the riparian rights pertaining to the baulks of I��ew River at the points in question were an incident of or appurtenant to the public easement.. or whether they were an incident of or appurtenant to the legal title or fee of the respondent. There are four assigrnnents of error by appellant. the first based on the overruling of the defendant's demurrer, aand the Se:Ond. third and fouirth present the .iarr ie prvp�y: rtr o I I S of law alld a1C d10l 11J;CAL tk izw tl'ler by appellant and will be so treated by this court. [=**5] In the discussion of the first assignment the appellant covers several propositions not raised by the demurrer and will not be discussed by us. Neither is it necessary for us to discuss those grounds of the demurrer which are contended for by appellant. as the bill contains equity, and is sufficient to support the decree of the chancellor upon the issue presented by the pleadings and testimony. and we find no error in the order of the chancellor overruling the demurrer. The vital questions presented by the assigninents of appellant and cross assignments of appellee, are whether North and South River Streets have a river boundarv. and if so, do the riparian rights in such streets accrue to the public. or are tile\- reserved to the owner of the fee in the streets" It is not questioned that there was an express dedication of the streets and highways sho,,vn on the plat. but appellant contends that the plat. is ambiguous with reference to the width of North and South River Streets. [*626] The meandering line of New River through the town of Forst Lauderdale is something over a mile. and at two points on South River street as dedicated on the plat the figure 40 appears, and appellant [***6] contends that because of these figures there is an ambiguity in the plat as to the width of both South River Street and North River Street, and that she should be permitted to offer extrinsic evidence of the intention of the dedicators. This she was permitted to do. and the chancellor after hearing Pave ; of 6 7� Fla:- *626: 71., So. 6S1. **681: 1918 Fla. LEXIS-464, ***6 all the testimony and considering the same in connection with the plat and the dedication. found that both North River Street and South River Street were bounded by the waters of Ne« River. This court is committed to the doctrine that the findings of the chancellor on the evidence will not be disturbed unless such findings of fact are clearly shown to be erroneous. T'ater-inoil 1 Fio. o6Ci. 10 South. Rep. 97: C"inoJock'soin.;lle I. Hirf": 36 Fir;t 2)1 South. Rep. 774: Saa•lrsoia Jcc .r'mver, C -tic c� C'c.. VF Fia. : 1 50 South. Rep. 993: A- i1icin v. ii' �i i er. sU Fi& 57. 52 South, Rep. 825: Viser v. F—iliaro. 60 Fla. 39�, 53 South. Rep. 501, Dixoii L-itinhe7 Co. v. Jeyiijmi n. 6- F1ct. 405. 57 South. Rep. 615, Barnes c�- .7e.ssirp Co v. t�i'i11rc7riis. 6- Fia. 190. 60 South. Rep. 787: L-,q- r; I�. Utik. 65 Fia. =1-i-. 62 South. Rep. 362: 6l'rrern-r v. Guirerre_. 6o Fio. 5 `0. 64 South. Rep. 23 : [***7] Farrell v. Forest Inv. Co.. Fiar� 74 South. Rep. 216: Simpson. Trustee v. First National Basil: of Pensacola. and O'Brien v. Smith. decided at the June. 1917. terns of the court. There is ample testimony to support the findings of the chancellor that the southerly boundary of North River Street, and the northerly boundary of South River Street were intended to be the waters of New River. [**683] It is contended by the appellant that she intended [*627] North River Street and South River Street each to be only fort`- feet wide. The plat is drawn to a scale. There are some streets forty and some fifty feet wide. and others of less width. Measured by the scale to which the plat is drawn. the width of North and South River Streets as shown by the plat is generally about forty feet. but it apparently varies according to the meanderings of the river. The lines marking the side of the North and South River Streets. away from the river. are all straight lines. while those which mark the side next to the river are undulating and apparently follow the contour of the river. A single undulating line is usually used for marking a water boundary not affected by tides.. while [-8] several parallel waged lines are used to mark a water boundary where tides ebb and flow: and «here these are found on a plat, the-,- should be t,d . n tc, define i. lit nr ctv—t lvinrt nn tl,o tt—f— 't1. th .-�`. 1., r..,,.— A r1— - +...• : 11 ,. 1-,. ,. ,, l va 1-1 �aaa` vaa aa�. uc�.1. .1111 , " LlIn; 0 5A CCll It WIG UIC %kiltCl. ill 111C aLlsen e 01 anything appearing to the contrary on the plat. or in the dedication. See St. Paul ck P.R. Co. v. Schurniier. 7 Wall. 272: Si -or !.. %,o m,soo- `' ='iic+'. 6-6. 44 L.R.A. 814. It was proven on the trial that the appellant had given several warranty deeds which contained the words.. with all riparian rights and privileges." These were conveyances to lots which abutted on the side of North River Street or South River Street. farthest from the river. It has sometimes been held that where a lot is separated from navigable waters by a public roadway. the riparian right to the part of the waters lying in front of his lot, is in such lot owner. and the grantor may have had this in inind when she granted the riparian rights to upland lots which «sere separated from the river only by a street whose boundary- was the river. for clearly if there had been a strip of land between the street and the river. as [*6281 now contended by appellant. the [***9] riparian right attached to that. The acts of the dedicator in granting riparian rights to owners of lots lving on the side of the street furthest from the river. is repugnant to her present contention that she retained a strip of land between these streets and the river. There is intrinsic evidence in the palt itself. from which the true intention of the appellant at the time she made the dedication can almost conclusively be established -- at least. more certainly than the testimony of witnesses given after a lapse of nearly ttyent-N! years. subject as such testimony is to mistakes caused by defective menlory. personal interest however slight. and the confiusion of after -acquired information or later impressions. with memoir. The Town of Fort Laurderdale as laid out by Mary Brickell and W- illiam Brickell was a mile square. and Ne,,y River ran almost through the center of the plat. The cross streets that Pace 4 of 6 75 F1a:'_'2. *628: 78 So. 681. *"683: 1918 Fla. LEXIS-t. ""*9 ran towards the river and into North and South River Streets show an opening where they enter the side of these streets away from the river- causing a break in that line of the street. but the line of the streets on the river is continuous. If. as contended by appellant there was a strip ["*110] of land between the river and the South line of North River Street, and the North line of South River Street the cross streets would doubtless have been shown on the plat as extending across this strip to the River. The cross streets on both Siof the ri"er bear the same names, are f the same ides 1 I�?., n n1 S, o I.. �aii?.. \vliitli, and are on she Sai?le iiIle: showing an intention to make them continuous streets extending from one side of the town across the river to and through the other side of the town. If there was reserved to the appellant a strip of land oil the river side of Nroh River Street and South River Street. the inhabitants of one side of the city were entirely [*629] cut off from intercourse «-ith the other. for there is no point shown on the plat where ingress and egress to and from the river was possible without permission from the owner. or by becoming a trespasser. It is so highly improbable that a party owning a large tract of wild land whereon she was desirous of founding a town, would locate it on both sides of a river. and by reserving to herself a strip along both banks between the street and the river. bar for all time the inhabitants of half the town from communicating with the other [**'`11] half. except upon permission from her. that the proof to establish such a contention ought to be of the strongest character. It has been repeatedly held that where a town is laid out upon the bank of a navigable river. that even in the absence of an express dedication of the streets. it is sufficient evidence of its extending to the water. unless a contrary intention is manifestly indicated, and some courts have intimated that even where a map shows a strip of land between the river and the line of the street nearest the river, that in the absence of anythina to the contrary. it would be presumed that the space between such line and the river was thus discriminated for the use of the town, if not for a street. See Tf'ebb C`W' 01 Denroyoh.s, ps _71a. r6. 13 South. Rep. 289: Filiage of Br-ookli'rr i=. anrith. 104 Ill. j2 : Dal'ies V. Vvsreiv '- _iris. � 1 _ Q_ .5. T" Re- C. Thus in the case of Rowan's Executors y. Town of Portland. 8 B. Monroe (Kv.) 232. the map showed a strip of land Iving between the river and the line of the street nearest the rives' and the court said: "That the town extended to the Ohio river. leaving no space between the town and the water. is a position which. in our [***121 opinion. does not admit of nuestion. There is no line dividing or separating the town from the river. And if there were. it should rather be presumed that the space [*6301 between such line and the river. was thus discriminated for the purpose of showing that it -,vas intended for some use of the town different from that of the ordinary streets and public grounds. (or that the cross -streets at least. were intended to be extended to the river [**684] at some future day). than that a town located upon the bank of such a river. and at a point selected for its conunercial advantages. should be wholly shut out from free and coilunlon access to the river. The unreasonableness of this latter presumption has been more than once declared by this Court, and the fact that a town is laid off upon the bank of a navigable river. has been held to be sufficient evidence of its extending to the water.. unless a contrail• intention is manifestly indicated. And we sav it extends to. and is bounded by the river. not onlST because this is to be presumed from its location on the baiilc. but because there is no other northern boundar- but the river. A location on the river has been held to be sufficient [***13] evidence that the town so located. extends to the water. in the cases of the Trustees of Maysville ,-. Boone. 2 J. J. A/larshall. (Ky.) 224: Giltner v. Trustees of Carrollton. ? B. Monroe (Kv.) 680: Cite of Louisville v. Bank of United States. 3 B. Monroe (Ky.) 144. In the case of City of Louisville y. Bank of United States, supra. the court said: "It would be almost as reasonable to sell and appropriate as private property the river itself. as the ground lining its margin. the occlusion of «-liich would obstruct the conunnulication between the city and the river. The object of locating a town on the river. ,vas to enjoy the benefit of its facilities as a highway." This reasoning applies Page � of 6 Fla. *6 3U: 7S So. 681. **6S-;: 191 S Fla. LEXIS - -,. i Nvith even greater force to a situation such as exists in the instant case. where the river flows through the town and cuts it into two parts. In Hai0z7 t `iz,- of 1,eol,u . Ioli,o 1961. the court [*631] said: "The same reasoning applies to Water street. No other reasoning than the foregoing will answer: for it is impossible to suppose that the proprietors. in laving off a commercial to-,vn upon a great navigable river. intended to cut off from free access to that river. all but those who owned the [***14] front lots. and thus take away that which constitutes the greatest value of them all. NVrhat makes the land of this town of more value than a common farm'? It is its adaption to conuuerce and trade, through its accessibility to a large navigable stream. and thence its communication with the rest of the world." Whatever ambiguity may have been caused by the insertion of the figures 40 on two places on the plat of South River Street, no such ambiguity can be claimed as to the width of North River Street. The appellant. however. says "At the extreme East end of South River Street we find '40' and in South River Street. between Cunningham and Metcalf avenues. '40' which the engineering and legal professions both take to mean 40 feet. and it would give rise to the construction that North River Street and South River Street are only 40 feet wide." We cannot follow this method of ratiocination and apply a conclusion reached in determining the intention of a dedicator where an ambiguity exists. to that part of an express dedication where there is Ito ambiguity. It would be more logical to apply the facts of the latter situation. to that part of the plat which needs explanation. Thus. as [**'15] there «•as no ambiguity in the plat as to the width of North River Street. -- it being perfectly clear from the plat and the dedication that it extended to the waters of New River. -- the logical conclusion would be that it was the intention to have the same condition exist in South River Street, otherwise there would have been this situation: the public residing on the North side of Fort Lauderdale [*632] would have access to the river. and could cross over it to that part of the city -,vhlch lav South of the Myer. but thev would not land without becoming tres-asserc Thorn hivi g rime Y..��.,��. �., .a..aa� vaa laic South side of the river having no access to the river, would have to stay on their side. The plat shows a street on each side of the river by a single line denoting the line between the river and the street on each side of the river. with nothing to indicate that the street on each side was not intended to extend to the waters of the river. The sides of the streets furtherest from the river are denoted by straight lines while the sides of the streets next to the river are marked by irregular lines presumably indicating the irregular lines of the waters of the river. The courts have frequently [***16] said. and we find the same expressions in the text -books that it is "inconceivable" and "preposterous" to contend that a town would be located on the banks of a navigable river, and the inhabitants deprived of the right of access to the river. The unreasonablenes of this contention is more pronounced in this case than any Nvliich we have been able to find. for here we have the owners of land laving off a city throwh which nuns a navigable stream. a natural highway. now claiming that they intended to so isolate the inhabitants on each side of the river, that they could not have intercourse with those on the other side. or have access to the natural highway which flows through the cin-. without becoming trespassers or first getting permission from the owners of the strip reserved on the banks of the river. We do not say that the owner of land desiring to lay off a city. through which flows a navigable river. might not do this, and in effect erect a barrier on each bank of the stream and cut off intercourse between seazoxo Sec46-/p+:mngmuumnr-umg - �Code of -Ordinances |ox=ecoma* P-L{Munmnmoutxory � \ \ \ � Sec 42'52. [har�esand rates. Chapter50 � TAXATION / Chapter .~ ^~^..._^-^.~..^~.~.~.^~^.-.,.-..~ J1R_PFIC' E L - IN '-ENERA IL Sec. 46-1'-Blocking 0robstructing. it shall be un)amful bo b!ock or obstrucL dh� stneets, aUeys' or sidewalks o�dhe ckvwidh boxes, h�i{dinxepapenbus'nerchan�i�d��|�oheo�rn�tddcode�u��'b (Code 1982.§ 13'1/ Cross reference— Blocking or obstructing, § 54-41. IIV It shall be unlawful tothrow ot- de-osit any Oass, tacks, nails, sc! aps of tin, inam or ather metal, or other dangerous substances upon the streets cur SidC-nivalk-s. (Code 1gO2_§13-3) (a) it shall be unlawful flor any person or entity to damage any portion of anY of the sidewalks, or paved (b) Any business omone�hnrneovmle-.!ond|ordor�en�n�urtheauthoh�eda�en��h�reo[vvhohiresor retains the services -of any person or entity it-o- perform c.-1,--)nFtrwq-ion or maintenanre activities on its premises, including but not bnnhed �o pnuh�� V� con�rete 1rirnr:ing of�recs; ocrfornning septic tank service, garbage orrefuse pi[k-up.orscrvicc- thi-nonure'vvhichvvou!drequireheavytrucksor equipment totravel over and across city Sidewalks to perform, such service(s), must no|ifv1he city public vvorksdepartrnentofsuchintendedjac1ivivy.and :0,s\ncation,s+,|eost24hours inadvance of constructionorrnaintena:ceactrmt�.andtheperaonn/ent` .prnp\py)n�orusin- suchservice shall, atnoexpense tothe dty.causeihes�devva{kt�be��eq�a�e<yc�veredvvi�hphxvood'dirt.or other covering soasLoensure that dhe�Tuckorequipment traffic will notdarnagethe sidevxa\k (c) F."', SO! -1 AND DEWAA W(3- IM A IN AGEAVIEWT P TACO BELL 0KE-ECHoBz::--, 501 N - PARK STREET OKEECHOBEE" FLOR0A ECS PROj;.7:r'- m'- F C-) R LUIHN FOB ---'TEM;:, I'sr, 29 5 rj G A T E W A Y C' IVE, Ki—, —P �'R,"l "v - APRIL 25, 2-lii a - Ir �5F I l� onirr,AV q79 Ilm.7 'WON 0 WA 4 0 'Nelle! * ) III I , I , , n 1 , -, on I �� I t I�f I fInt fit' 1 7 1 1 I I , I to in! I, li , �q i, eff"i r is tgj� ne-._jjj one. al-Ittr v ... III 1pfuv W.4 I . 9 leulpi Md stiffic,'C]14 01 which arc J�irefcb,y arkii(twiedrtnd "01_T ;)"d 391 ei, at I ollqjkvsl RE.',' c_wur 1- =) p i, =­ , t 6 j k; real pnqicfi. ;T. fl- -n! Count v of Oiicechubce tl!c L" Huridu more partic.flarl, dttcnhot'; oe, 5(,Ii .14L wk Avenur. Oketechobcc FL. Furitivi idc.'jed aq,�parcej jD 1, _ 1 5wNfifid'i tind fteatl VD 345-37-3".Oj(1LO1500- ,lJO70,2W i:slizid with Okecchnitift CO:njy Property Approkei niioll hitn4led hereto W -Pxhibil "A" find inef"T"orated iny - T Mrkc:c- he fy acre I "' Land, all 1, ctcl herein Such p=cj� cvnsjst�org pf approlontirwe 97 1 Oh IMPrOvement!'t there0n, all appurtenances pertaining llwmt(i iflcludiri� all ilevc1opincrit rights allocable to the Land, and ail Tight:• Ulir and interest of svilef in alill in, am zItsmerit", ajj3c,-nt streets. roads. or rights M ivuy uwly TO'er oni a, E-11 DUL6 K FEL'I EARNEST "moNEA iNMIZ 41 Duration Urchivw NhZA,: havc 'tic 'i h; s -,�tZ,- I * - ""i v , of� " � flef--irl, to: a period of Sixi", (60) days com-mcricing cr! !h�- Fflec!ivt Dativ (ni this Agreemecrit and cridirig, at ',-0() pm Sixt, (60 dui, thereafter to enter upon, inspect and cimahwt necessary due diligence, ins I . potetiont including but not limited to geo-technical sun•Cyz, crovirtininiont&I survv,,S/(Lsu.Il;_ 1,1undriz-V lm-. I -,,Urvcy:nE a,;.,a,;.,arty Eahm studi-s purchaser dc--irz determine th-P sunitibility of tlr ptpi for Turchasl_e.q tntoj,&j '13r Ti xis shall I- defiriv! adoe Pe, iud". T; 'A'a" iia" M.- j tmotc amp."; 11tc Insp--crion PeTicld to mq!ly stliel and pst:-wo— Agent in lxrkiq !hw it t l,,vcd iip w-riina-e this AguLcrr,,..,a-1 tht - 1, -, , I , icl: 33119iaVOTY to ?%ffkhUNT:r it, the rn'un na tcT1nina-,iar% thr, BC-rfalk ?gait shalt tritimc(liatciv rttum the Fames. M,"Iev DzVsq In-, IM: purchuScl Du!M,- lht In", ectitul 11miII and all m;hw cri,=; .7 -yuc9l p nav be d,-.rlrvzd b.c,,c;'iaflcT, any entry nuld,;n, inspection N'b1W be Ivizb prim irwificaliort to, Seller. Within Five (5) days fror-I the contract cticcltv, date, Suite, tihoiji Licilve, to pillchaser all documents, third party repuni, Permits, cook, art-' veunr& pe-rainIng It, th;: timprIty in sellers I ! I ,jo', if r I in'.' "'If t it" , ;, r 1 t 1 1 - , I - o" 44Lw if,iwl i i ..t irrin et j j fit A v I r to I 1 -1 1 1 AA -11 1 µare e.w Off I iffIl.f.-Al I., . .iJ ifn*+ ipjb ii"'; iaA qfq I- n'. .it. d Ill't, I -A I., j, 'woff- O&VU-0 tw" 1. j a .,.. I-- ;,­. - -I ff�, JU W" A KIP 1 0 ."M 1"rs 1 A Ir n4"" 11b, s. T—n,- bw h0ij tlqiii, :04, t,p­o­ ilit Aplo, wgil 1'r, I, k 1rct-0 1,, tPtnomirr tlwn It Pure 1,,e dkjfimji 'HILL 1`91PTOWW", .+r'1tr,Y HI1E1il, 1 1 ifi� in: i'l 11. 1, I i i . , ; i i 'x t , J, t Jr dt ltva n 11114, rim III) 141i'lit to I'm i-Ifirm . 9ov".6 If I wiiif i,lt3, oXCqjthmm, 61"n n iminmally miffyon! lifir. mmum", ' 'milm"Y P101""I're: Al JA Wn, R We ommowu SO m IN ha"i mwo"'w N" My A" vw' � — " jifir- 14) thr Vroj)erty J'nrchwm dmH h"; wdll Ow t xplvoll-w 41f 1hr hviltf! illif, 1!) " I NOW in UnAhl" 14 niq ww""m mod"n 0 Him wil", opp. -o'le, ji, ioiii] otlokt, ­iP Ii'vmly (20) dap! 11110 lecript of hlrihtv�f-4 tiw" Iii1f, ­. ;4 UPM1 AU&N, "rop wr mum 00 witmots JIME cc Chunn v p"M&A V"m so mv, 1,41111 Owl to cmr imy folk d1A(4:f:. fit olqrowtv wo "mm wK b-0 — , w " wwr W, ol)ligfxtkou�i lf �;Clinf folk if, te"mcd.; �.,twfd flor Ofmovow 4WO, "I. Imi T" Kw i r,nmmhmwm coleww; Immirlmy Ahl,whwo whK h oAkt w, R400, d 4, mi-m 1, hvnhpv a 0no "p- (a) terrjijtjIja, III!% A(tirrint-ni stlid movivc 4, winiv "I ICU lo"m � Son Y,'� Q defeul:; fifid C(j4eiij#mT1f* [fit i Imilkg. 02 0 in Undonimm! and Uwttd thal, 1111,-"Pinlo 0p vi 4, Allot I M,Amq by "naw UN.My "mil obc "NO"A 11shur.1 m MU, hv, wo cww A np Kn` 1­1 wMal fe it "for 9xv m4 " is pw q— Ymm MW Am 11011froi of it ci,l A dial nit-, tit %,1IjTA-ii it, luml lit cqlvzi lis, 6J ;Vpvfpy. litimliflim volf Ink w w Me swwy owm': (1) FINW, at— Mw m oy 00 mr wow ow. w1wr Of qvil-.4. Owl! firw- "Ho ft) Or ohjtclliftj tfl wi ifor-4,111of), lk n7i'l upo�.� ft � � ir. =mum on Wmh he ouvol 01 tit widod homat 0, oldd surviny NwHis", in, & wmw OWE Its tom!"; 1w -ME p1N P-1 wtjlor tweity ropmwilfi lmd WWI= K PaRomr; somp 'W"dompan not on, MAW Yj Q yi. Atttr ltczc fni P,nr ilt y, Z"S`A1 , 1r k..' fail fr..w,; 71nf rtt8iu riF. fa,tt•t Qlflii Cnf 4Fplf!# 119.3f } ,f. f A,� lit l'1 •. Qrt[it• Sfd7FC J( f !3Nfi Si j, Filtr. t/-f Rt ruetlY 45 11 i,? ' z. 9'it nafr• ;cu a _tti ;, I,T.t,1 ip_,I rtr 31 r tF r' a ii n °stSE'Ij�V 7?i4�fllt'.. f .lift lriit,Ctn r-r �1r ,,...,. � -�� t 4f•.r i;� a ,�� j t q1'etrxnl , f<'f4`1 ttlltlllCl4i 1110 f,ItlltJ� ;T4-WO 'lifer C4 M't tM, tt`.?F. - tint r,ttt to fats Prd,periy, other than ti ills that lit r f ., ttub�+ c�or�.i . nzi i.� � rrr'tr �! , (.nnrnutt t1FtF IFp',c��iu_ i��r i-,`;'f\tilt Of tt1�?tlf nli?Rt ,rl t)r' +�E'7F 6i�},. tsefYNt r1t,.rLtlx_n 7� Fy �tjt rco`_, 1 Lai, P✓'Ddir�+i.. � �a! r;� &f! r` i F"tlt�'t} - .FFIi FF1 s, E; 1@5,x Ii �u 6t r3 . an, : t t3f. cr„rV f• affect to t i F t ally •nedirr fit,, dr+vy vx;• enti ties, italr`u patterns r1 gradesfcf r;, c t Pi+rP:r '? le t'lfrtterty Or which would requirt a portion Of the Property Seller Shall nolif; ?'urcha= fhouf� r, t cad er IFe4om e aware o' ally of the Foregoing anti furnisr Yurc' asa a cop; of any, notice regarding the PzOperty. within Three (3) days afi�- roecipi. �• 5 tllities. Seller semi&* cn —_._ has nr u ledge, Whcth : aft ,utilities, whi-di arc defined to nc ud valcr, life+ ii I slosh .,, EM prcgenu Ora iablu to th �^�it,, s: ESc ^. 9stt wilt 8Yu «i u 1t:ts iC i'elf) 541ppor' ar cerVice the existing asf� o the. e'roperi). BLllyey vi't w--x1�G?"Sr ._i,tr -is z, to4,a . nrcpn a 1. _ 7•E ViaeCfai Assessments l`(_, specie, asscs,9CrIQ7 L, i'iFiYv UCC, t [P4 - v r' rvi a6iitns. at O '9 1' 0P q = E'ropt=rt °, and Seller has nsa knowledge of any intended asssusmen*ts. if sny Yc tat ass:ssm Its s . tc si prior to the dosing, Seller shall he obligated io pay suCliffipccial msessmcnts at C Ciosing whcthcr or not such; assessment is being paid in iestal n cats by Sellcr. Seller shall notify Purchase irnnladiatel aRe?. recr+.nr noiier of such asscssmcnt by Seller (find in any eYeftt be?or Closing . "' < Selicr fa silt Scl'aer; ut*ttFt rite reason h� act ., a - SCUT, .:W1 ,'�*i,k7 reascriab v ass..;L3 ee Mad fiamisi�i suui', itf o_.,.tti.��uo. C.. . dealing witFi land use matters, and builluig authorities or governmeitrti agencies. Additicanaily, iter, at apt io the self app tits Pat cha±eer to .yet ,as l�s ;a� glad itx c tee#tttn ' s obiaitun-9 n apprmala, authoya ugns,-aes ati and ��t�Il`dt�`�`;!� �ass"%it �%°aart'a tu•sa iettei u�'nh p+>u > .,c... �C�.�At� iu.ttta •.. ,.: friim'required by the appropriate authority, or if raga su oat .:fit-twatim IQ[ -� aPprc�vass, aattaarrrsh=j r -: Seller agrees to zo apmtw €xst lislg tM i tmvWtd t}od my =j:h arnhar tu:asVOMMMMM FAUMWA=d. Oita celt� issues, z% at ieflttz►�t xt#il and`viiiFt PunehFssr" prche9see'�td takes 6� to Bic Pi opetty, 7.8 TTIIC. JCu{:r 1ta3 ro`vu and u+arnCtutra: uuc +++ +cc: suuY+c GLUSVtuu: to t1tC : I'upett` subject oT'te to the Permitted Exceptions, noted in the title commitment pursuant to Paragraph 6,1 and 6.2. 7.9 tj ns n Proc dinrw. Seller hat no actual knowledge, nor ht% Seller m(;e vac' arfv wMicr notice of nor sloes Seller know of any basis tor, any pending litigation by any organizatjora, perstar €' individual or any spirit, action or proceeding, domal or thr t eft d. by' aty overrtFa:ental Aurhrti[ic raft; other party that would materially aft el the use, occupancy; leasing or value of th, 15Foperr v or env parr. thereof. Seller shall motif; Purchase: within Tiuift (3) days CFf Seller becoming aware of or receiving notjcc of any such claim, action or proceeding or the existence thereof, and the fiction Stile, proposes to takr to disposes of such claim, action or proceeding. Thereafter, Seilm shall commence and diligently pulNuc disposition of such claim, action or promeding until completed and shalt keep Purchaser notified thoeof. 7,10 No person, firm or etttity has any rt€tht or o afloat tc` acqu_Mt at, or any, part of thiT PrropeTt;• tidier tharii Purchases. 7,11 Govemmeutol Comttiionec:. To the best of the 6ow1odgi, of Seller, the. Propcity i-, in.. compliance with all laves, statutes, ordinances, regulations, orders orrequiremcrtts. 7.12 Taxes, Assessrnents C ,area Lt . All taxes, asscssnacFtts, water chargcs, sides:; ; hart cs, utilities or similar servicts tc the beFi of Scllcr's knnwle;lge hovv beer, paisi ur Nhail br paid pric, to delinquency, of such chat rev, Pagc I of 9 Ss;li� ,}l4aat ,, I nu! ma'-rFni st)nplf { '�.#etlru io th< •xlhrT nn': not laity ad, a, k n .vhirn ! ;r n!turturtf .ta ytl Fier arhm"'I 1w: it -t 3llinl!.. i tire, n•- n:, ,rn,ur n - - - ., S_ c ^" Icta+iictc nntk�i�t£t, „{ Yhat£ l<t;lt� Urain{tEx. -1 , thr hest k:utnvicdgr; a `cHer, at)v walcr or +thy ilrinAm trip, n[n- r,!" !hr hi-aent� eau 011 to a l gw-ri) . kmtigo+n ii tit, F roperly J£rmigh any drainage /. t -r, or ih s, lawfiillt ettttc.s h, loi:ai tat , in With v£:lid tTubiic an a+_ !hat rnif MUM £1' the tenefis t' -µ l,i i:i" ri} ,; .,,T, ,i't r.,`Iti�,. ;t2r^ .,, ^i5 r.is!, 3 5"l i;_ f4fal .fJ'Ar. r, r I• c 1 � S.i Qt,a - tor.. t;.Ftcha4er is , rnr s rntior; d;t. nrgani�.�, fide,: stin siartdin =_,n;ic '_Fv lv ., o"01c Stair e,`.'No�it Cnroiir{£<. 8.2 Comorate Existence. Fi£tcttasr uiti. l ~m !n itill fnrce and effect its existence and all Il n;�; anti frcin'hises reccssary for trio cony uca r it, busincss. date h:xeof. nnr,:hft CT .i..._ rt. F h_-w7rw ,, :2"t., 1f� !: f �- 1<.' 4s`i�• iU,. $-w conSMIt U. spp: wt!. of anypother m -ysc r ar cn t3 , ants ,ha ,ilc signing and ^trtomfzn,c of .ri£F, }3 rc men to' ,io;Fte . ...',ling Len e t8n,- cnrlrac'. or t.r� Lman' ,=,high irchaser a.» made oa tit red ,nta. CLOSING 9.1 Cluing The Escrow Agent defined in pm. agraph 15A sham be the Closing n Vent of Seller p a thv Closing ,''Fe Ciminx_ shall bc, helt' hu offs^ Q+ tht ' insin . Agent o o r av�si+eltL a£tt ❑rst£ s G iSi r rf j _ R, L'2tt tM It made by zIY` traps a Cr f'.:'id`: �': ti Y ?a Fiel Cr t �% GEY fbimwing '£ -ht r�<_.in?tion o t� arri'Vi't�,'t_p,,� '` or _Xle_ w-itten notification f m purchaser to Seller that Purchas- is prepared :a rloS_', 9.2 Seller's Dbiinatim at Cl._ asir£g. At Clasing, Seller shall deliver nr vaus~ to be deli"ar`4 ?' purchas_• ti£(4, following documents: Tile deed: :it utati�.g eihi et tl•£a- ttte-c have been rtu irriptovemenis maa� ; its �rv�ert t .:uTi=_ FY±i!QLt .`tom e a•, Elle ��i6rtUj' (90) daym immed£atel,' arcc�ing� tr:i, UIF..,ta; ua to I; wnL'>e::+:'t'!itr fir heart 8nS° such t£tt3di3VermentT, that all Bend tit connwAiat: with st)e itt?T�tCttt iiCTit9 19aYv �JC32t rlat4 #1 tali, Affidar'tf, in fort. accept6k ki tiM titic wrnp=y n,d Purchascr h tnMYt S7i7�ftcictil rMttave standard Printed exccnticns to title in the title insurance policy regarding (i) unrecorded rnatiers (except general real estate taxes not yet due and mriyabic); (££} pwti�-s in possmions; anc 0;t) mcchziriic's l I Ott . ACertifleate, datLe, tii4 dater` cif thv clo ing, and Sigrlvr by the S,-zl SteEm represta£tations and warranties; contrin:d herein air. trite, cerrmt and compete ar' of such date a� 'S r,- I g, , at Closing, ti %lcsin& purchaser shall deliFcr fcl lowim _ .t 'T t+curclaa v Price: u.. . If applioabie, a ;,cpv of purcijas—_`s uarpa ate documents, and all amendments theret .; tifi cered ss :rue and complete, as of ttie Closing date, anti all other documents deemed neemmY by the title c,cmDany sr1 as tv FYtCiei Ct €utlnGrlZ8t:031 £`ck the Z1'vtitl ,S to i� take by A`,�mhme` or Rurchase°'s H !Per, as wall as the sutho ily of tht, pl ason signin this Ag-reeme'i: anal the closing documcntS, 3_-4a S7Snr Pier tt rr f,t r l S t s rt F th SKi Sf atio>, e nr t E tC9Z: trfit t", fC'i1m ri-, ,mnt iiiv - 4'.`GiF el Q' �,:.., tC C"toving : ti, r"ur i;:rct-. e_.! ?_uibn i.n+hr:l�nur' i:,c :1l.r+nlri iJrtUr'1'•,� •_.,. _ GU' Nark, ICr�hlnror, `SsYtct, `. +ei?e'`:3t:. (triendC, � 3; 8Ut Phtenr; 407-k4i-}�St) l? maii: l�abr€tms�ritammrl. c,rr. A5 to Wier; ()l r nianri III c(o bacl. E. 5)pirr: P€sir+, );r ; r-ri.4,- Piuinb:- Emcil:j.pi,uV i-_ 'n,. m.c:on As to Escrow Agent: Spire, Beadlt d MrGrarrcll p.L screw Account 5205 Babcock St. Palm Bay, Florid: 740` 14.2 ljrokc . Seller and Purdmer mprtsant and wa.,n; t_• _.ach othw that 1— T-E'1 XIS: +, REkLTY RESc` URICC L, U-represti-naing tF^ PV.n. iasa- is 'd-- Cnly s a': --gtzt^ hr rl;ur it ceran4ctio^ rit the ?sa-iss-tu . trnnssaliascloses, tne- €f.: ourii -,rho unne,Df)lia:s JTry{u?:! rfi 1631 5scmw- f'ia . F,S=w Agent shalt deposit all esczo cd fonds into an escrctw account at a nationally cher`.ared 'epm1t: licensmi to conduct busin5;S in the S„trto of Florida: e A -he _ c �� ! port unda"milms we riefforni Only :u-h dudes 94 Un- t xpr--Sht Set fond', in ti) .s PuiG'€12iie Line, Saic' Agr -c- i Ili `lt l rt �V� ?. L { ^:i rx S l L�'w S or obligations under or related to thi Purchase and Sal,. A teem and this Pa, agxap?h. The Escrow rgGzfir!;u;, act : �fiEn - We ••,46— ^ good faith, believes to be genuine; (b) assume the validity and accuracy of any statement or assertion contained in such a writing or instrument; and (c) assume that any petwn purpu ting to give any writing notice advice or inslructi€ins in connection with the provisions of this ?€t -Rase and Sale Agreamert arA *dz. pmgmptj h_-s beer: duty aathor+.zed to do s[o. Ths &-cro Agent shrill not bs tlable ir, any =tmar fo, tilt sufl!^ieilf : rw CO ,edit ss »` f' r -St r n xe 1 i'tiito f am. ir. tm cr. i r rrC t. !) t%, f?'iQd i_ i � .ItiC<:. {}' r9.i.._ _,' f4_ .,......:SL' _. °R_ tl...,+,1�'--• i.� . ; S-. l uor es to the identity, Qa:iionzy: or right of eery persui exc:ia:ing any the Escrow !agents dories under this Purchase and Sale Agreement and this Paragraph are and shall be limited to ii"iose uu im spdci; icaliy provided in this Purchase an l Salt, Agreement and this Pv. t p ?h. Fscrmv Agent shill net be liable for any lass or dwrap rmulting liar:; o '1 tie financial sta sit 01' i730hicnCi' of my oti'i^r part°j ; or any rrLt`,,rCpre9CfilQtltJrt naam.•. b,, Q,r,- CinEr pi'v ty . The )cga1 e?gecit ;insuli-x.ie-acy, er unaes6ability of iingtnirnuii depot ittu delivered by or to the escrow agent or exchanged by lice parties hereunder, wltcthea' or not the escrow agent pr;parai such insinimcil. The default, error, mior+ or urnis-siwn of at-iy (Aber pant= to the escrow - Any loss or impp-kmm�,: of hun& Chat 1wic itw: td j oskt„ i A^d^v Phil en--v fundfi ar- in, Lrt court? Of ooli','i d st vet ile thorn, Lads weer €rfi depusi? Ln E inani ial it:sftwtiona it Sucb _usiL[w't >;Ia... �:a'bt of S'-IMCCt5i-...i uh t[ a t.ua.Y.•... in5t tl e: 3. T n �ni y t - n r l^_ pit.. , 11 ..i SON - -00 , .1. F.Y. {,f{: t;f4EIuI�;r:at�sa,nnt, I.. i. i it .rrL(7 mot: (?� - f1EuvC(tr w,naitt[e, 2 i lcl1 vla ._L ii curr`.l [ _::y`.:. ,. -. V❑fl�f<fi l((sis^sS ;F!�!'_�'(',3':Ii .. rt�nc -. t _. ar.rl ,.h -7 ._. '- 11 17 F A - i, - br pmophys pwyK -- i :it l:?'>;: `i"i 'Alit.., _.'?,.. Arm my Inc No MUM& - h by FL; ri(1 iIL'F;IigGrr ... .3 rrtzir_: eJcl' + .. <'n'CC t Seller 8I[Gl p°1rGlItV`' :` 5: 3 succL.S4( L t ":)i �l,. Cron: Fc -`_ "- --rt. 1uon _our •^.tS71I'. 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T hc Othc: valtv rtrvid U.1;C",A1.1qj;[, IFrvl.F-jr.-, �T:'f FMO all f i mil cxUbImp, 14.14 Acceptance ofthis Apree�cn This Agreement shill! bi, null and Valli imirgs Soler delivers To Purchnkw evidence of the of thit, Agmement without ltmcn6fneut n, facer than 5:00 P.M., ES'l , _ .jmwy be - ccutcin trulGP'c THA-!mrrgaMCM4Tjag�Mjgp ,I �lrf'211 LCjtogp,Cr Z: ig �a- 'rlf the, &3--V V j W T TRESS WH qnc hmm-Ac: hv, e and ycar written below. SET J:LET-Z- MCC! nd Li. Ariiovj�d- �uWhcd!1�pbill1vCOrnPvTtY Date: PURCHASM L:jjjHN FOUM, 4K- 4 ability COWM601-, a Norlb y Al Wn 1. Dot�. mcRoW AGENT By: -- spirij,, BcA Jackie Dr n ,am .ow From: .� i c � i i Nyov --_.. .. Sent. I.�, r (JU To: rI L�,1I- LI Law �. •,)jRct: I 11 ll:i Al,l1rin,t9 k,Yt i', 000: ii-=-- aeltn�ertts: NIM1,0(1 111� �,it�> 11,zn 1idl, 114. J_117:15 PJlrnutv,,4)c11, 1- 008 TPA :tuff kpt Taco Bell.pdf; k lkol �1c1 >�,n,th l�, U(11.IEfc1 (�kF�t� M Iinnalds 004 jp9, rs P� —.r_)nalds 005IP9- Okee McDonalds 009,jpg From: Mile Palmer [mailto:Mike.PalmeCCci)luillnfood.com Sent: Thursday, May 12, 2016 12-:59 PM To: Jeff Newell Cc: Fatty Burnette; Peter Maastricht; Mario Flores Subject: RV: TRC Approval for 15-008-TPC Mr. Newell, Im not sure what to do here so maybe you can hells rn=ne , have Site plan. that was reviewed and app, o,}u by the TRC that shows curbs, parking and landscaping in the alleyway. T ni v�r a similar to the McDonalds design whereas, the alleyway use agreement states that the owner of the Taco Bell wili be responsible for rem, oving any pavement or landscaping in the event the city has to do any maintenance on the utilities located witnin the alleyway owned by the city. The problem is that we already have about $1 million dollars invested in this project and we've started construction se making the changes you marked up would have a -pretty dramatic effect on the project in both tune, money and the remaining usefulness of this restaurant (removing parking spaces will require that we re -permit the site plan). I wish the these concerns about the alleyway had come up during the TRC review or the public hearing because it would have been r _ _ -�r to either change the design then or not move forward with this particular site%project. http:Z/okeechobeenews.net/community-news/1626,1' The article above is from the Okeechobee (News that summarizes the approval of this site plan. lilr'e had to re -schedule the public hearing so that there were enough days of advertising before the meeting. The detaiis of this site plan were discussed thoroughly during this greeting (see attached minutes). For these reasons, I am requesting that we be alit wed to continue construction per the approved site plan. Please take a moment to review all of the documents and pictures of the McDonalds attached and let me know if this ; satisfactory to you. if you have any questions or wish to discuss this in more detail, piece do not hesitate to give me a Michael Palmer Director of Faacilit ues Luihn Food Systems, Inc. Direct: (919) 439-0878 Fax: (919) 369-2661 From: Peter Maastricht mailto:petem maastricht-eng corn] Sent: Thursday April ? , 2016 ?'.0g DPVJ To: Mike ivaInner ,' take Palmer@luihnfdod.cotn , Mario Flores <lLario Flores 111"ftrnot3o, _OHD I i H N.*AASTRICHT MS, Patty M. FtIlt'llette f— 1 --ji- Coordinator s enea City of Okeechobee s-S Southeast 3rd Avenue Okeechobee': FL 34974 PROJECT: TACO BELL OKEECHOBEE 501 NE Park Street, Okeechobee, FL S U BJ ECT: RESPONSE TO CONTINGENCIES 'I Revised plans that show a sign indicating aright turn out only onto SR Street). Response: Please see attached revised plans (Sheet 10) showing the proposed right turn only sign. - Z. , Revised plans that show the reduced square footage of the building to coordinate with the parking provided. Parking requirement is 1 space per 75 square feet for a restaurant. -Response., Please see attached copy of architectural plans with area breakdown. 1 3. Revised plans that show the installation of a sidewalk an NE 5th Avenue right to the property line including the removal of two trees. Response: Please see attached revised plans (Sheet 4) showing the proposed sidewalk +10 the property lines and the two trees proposed to be removed. 4. Alight swale, six inches to a foot, along the sidewalk on NE 5h Avenue sloping to the north. A culvert pipe will need to be installed under the driveway on NE 5th Avenue as well. Response: Please see attached revised plans (Sheet 5. showing the proposed swale and culvert, pipe as requested, 7073 College Parkwav- STE 211, Fort Myers, FL 33907 e P (23q) 1162-1605 o www.maastricht-eng.com In 4 � - �i .- i„il .:� k-,Lk!!C'�114',4{'ftl;i tli.)#,. 5(�r{rE•i Iir1J': ,. i'j, as-..{f ri ��_ '�., ft�4 `f�: �: - Resporise� r lease see attached revised plans (Sheet 5) showing the propose drainage s steM1 _`' directing runoff to the rear of the property. r,. A door plait is needed for the Okeechobee Utilit:>l ALIthority t for the grease trap. Response: Please see attached a copy of the architectural plans. Complete architectural plans including MEP plans will be submitted during building permitting. (F-oR70i G°MI 1V6) 7. Address concerns with the City of -Okeechobee and thr, okeechnh, Ml"riv ' �ut 'britY f'PS-arding usage w the alley. y� .m � r a,a � �,c' N! r N 6) Response: lease see attached a draft copy of the Alley Use Agreement, Sincerely, And s Boral, E.I. 9AASTRICHT ENGINEERING, INC. MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, NOVEMBER 19, 2015, 10:00 A.M. CITY OF OKEECHOBEE r 55 Southeast 3 dAvenue C?a 1-6,eeu:, spild twl"'Iez Okeechobee, Florida 34974 Page 1 of 5 I. CALL TO ORDER - Chairperson. The November 19, 2015, Technical Review Committee meeting was called to order at 1T .m. by Chairperson Montes De Oca. II. STAFF ATTENDANCE - Secretary. Voting Members: City Administrator Marcos Montes De Oca - Present Building Official Jeffrey Newell - Present Police Chief Denny Davis - Absent (Major Peterson in attendance) Fire Chief Herb Smith - Present Public Works Director David Allen - Present / Non -Voting Ex-Officio Members: City Attorney John R. Cook -Absent (with consent) City Planning Consultant Bill Brisson - Present City Civil Engineering Consultant - Attendance not re ested County Environmental Health Department Represe ative Doug McCoy - Absent (with consent) OUA Executive Director John Hayford - Present School District Representative - Absent Committee Secretary Patty Burnette - Prese. III. AGENDA - Chairperson. Chairperson Montes De Oca asked whe er there were any requests for the deferral or withdrawal of items on today's agenda. There being none the enda stands as published. IV. MINUTES - Secretary. Public Works Director Allen mo d to dispense with the reading and approve the Minutes for regular meetings held July 16, 2015, and S ptember 17, 2015; seconded by Building Official Newell. Motion carried unanimously. V. NEW BUSINESS - Cha' person. A. Site Plan Review plication No. 15-007-TRC, regarding the construction of a 1,800 square foot proposed professional offi building with associated parking and drainage on approximately .33 acres, Lots 9 and 10, Block 168, City f Okeechobee, Plat Book 1, Page 10, and Plat Book 5, Page 5, and located at 210 Southwest 2nd Street, OKeechobee, FL. - Senior Planner. Planning Aaff Report: Planner Brisson explained the property owner, Mr. Shannon Murray, is proposing to constructfa premanufactured insurance office on the two undeveloped lots. The building will face to the South, with an asphalt drive (access off Southwest 2nd Street), a six space parking lot and dry retention area, all to be located in the front of the office (or south side of Lots 9 and 10). V. NEW BUSINESS CONTINUED. TRC - November 19, 2015 age 2 of 5 - Site Plan Review Application No. 15-007-TRC continued. Adequacy of public facilities appear to have been or will be met. While the Applicant not specifically address traffic in the site plan submission, the total traffic generation from a general office i expected to only increase slightly and will not burden the City's roadway system. The dimensional standards review appears to meet the requirements it the exception of the 20-foot wide access driveway instead of the required 24 feet width. The consens the Committee Members was that this would be acceptable. The plans show a five-foot wide sidewalk to be constructed a g t front of the property within the Southwest 211d Street right-of-way. A formal photometric lighting pla is n necessary due to the number of required parking spaces, although the location of light fixtures s uld indicated. No dumpster location or how solid waste pickup will be accommodated has been provide . Planner Brisson noted for the record, the parkin alcul ons were based on office use, and should the use change in the future to a more intensive one, t en the equired number of parking spaces would need to be adjusted accordingly. Mr. Steven Dobbs of SLID Engineering, LL , was esent for Mr. Murray and added, there will be flood lights provided on the outside of the building, e requ sted allowing the smaller garbage cans provided by Waste Management placed at the curb instea ' of a d pster, as other small offices have in the area. The Technical Review Committee TRC member all a r d. A lengthy discussion ensued regarding the placement of the sidewalk along Southwest 2°d Str t and ainage for the property. It was determined by the TRC that the sidewalk would need to be adjus d to ac mmodate a telephone pedestal and a ground sign that has existed on the property for many years raina for the property would need to be configured to minimize run-off into the alleyway located north of e lots. Envi OUA: No issues were/eceived. Building Official: Vo issues ent: No issues were received. received, rubricyyorks: ther than/he previously discussed issues with the sidewalk and drainage, no additional issues were receive Police De artment: No°issues were received. Fire De artment: No issues were received. ChaiJre rsonMontes De Oca asked whether there were any comments or questions from those in attendance. Therere none. Ohgirperson Montes De Oca asked Committee Members to disclose for the record whether they had spoken to anyone else regarding the application or visited the site. Building Official Newell disclosed he had conversations witt Mr. Murray regarding the actual structure, Destiny Builders, to verify the structure was a modular unit with a foundation and not a mobile unit, and with the sales associates at Central Mobile Homes (where unit is being pulichased). t V. NEW BUSINESS CONTINUED. Site Plan Review Application No. 15-007-TRC continued. T"ovember 19, 2015 - Page 3 of 5 Motion and second offered by Chief Smith and BW4eing Official Newell to approve the site plan review for the construction of a 1,800 square foo roPosed office building with assnriatPrl narkinn and arama a on approximately .33 acres Lo and 10 of Block 168 City of Okeechobee Plat Book 1 Page 10, and Plat Book 5 Pa e 5 P is Records of Okeechobee County,Florida and located at 210 Southwest 2nd Street with the foll ma conditinne- 2. se 9a Motion carried unanimously. sidewalk along Southwe festal and a ground sian. of the flood liahts on inimize drainaae run-off the needed north of B. ite Plan Review Application No. 15-008-TRC; in regards to the construction of a 2,997 square foot proposed aco Bell restaurant with drive-thru service and associated parking, drainage and utilities on approximately 1.035 acres, Lots 4 to 9, Block 150, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, and located at 501 North East Park Street (State Road 70 East), Okeechobee, FL. — Senior Planner. Planning Staff Report: Planner Brisson explained the applicant, Luihn Four, Inc., is proposing to construct a Taco Bell restaurant on the four undeveloped lots, which are divided by a 15-foot wide alleyway running east to west. The building's main entrance will face east with access from either North East Park Street or Northeast 5ch Avenue. Parking will be to the east of the building with a dry retention area to the north. Special Exception No 14-007-SE was approved by the Board of Adjustment on October 16, 2014 to allow drive thru service. The dimensional standards review appears to meet the requirements with the exception of the off-street parking, which was erroneously computed using the County's standards. Mr. Brisson notified Mr. Michael Palmer, the Director of Facilities, of this issue. To correct this, the project engineer, Mr. Andres Boral of Maastricht Engineering, Inc., provided an email to TRC Secretary Burnette stating the building will be reduced to 2,690 square feet, which meets the City's requirement for 36 parking spaces. In regards to landscaping, while the overall requirement for shrubs is met, Mr. Brisson offered the suggestion that some shrubbery be provided between the parking spaces and the eastern property line. There is a sidewalk along North East Park Street only. A photometric lighting plan has been provided, and the solid waste dumpster is located at the northeastern corner of the parking lot. Adequacy of public facilities appear to be available. Regarding potable water and sanitary sewer, the applicant should obtain a letter from Okeechobee Utility Authority (OUA) documenting there is adequate capacity and facilities, the County has confirmed a considerable level of excess capacity available to serve the solid waste disposal needs, the applicant has supplied an engineer's report addressing drainage and other aspects of the proposed project. A Traffic Impact Study (TIS) was not submitted. The applicant did a "Project Traffic Statement", which based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition, V. NEW BUSINESS CONTINUED. TRC - November 19, 2015 - Page 4 of 5 � Site Plan Review Application No. 15-008-TRC continued. would generate 98 trips in the evening peak hour and 136 trips on the morning peak hour. The evening peak hour trips will be adjusted to accommodate to the reduction in the building size. The Site Plan application requires that should a proposed use generate 100 or more peak hour vehicle trips, a TIS must be prepared. Planner Brisson suggested the Engineer research the situation to determine whether the ITE morning peak trip generation factor is appropriate for application to a Taco Bell as they are generally based more towards McDonalds or Burger King restaurants. Should Mr. Boral submit practical data that would prove the number is not over 100 trips, the TRC may consider substituting this information for the TIS. County Environmental Health Department: No issues were received. OUA: Executive Director Hayford requested a floor plan that identifies the inside plumbing for the grease trap. In addition, he had concerns with the location of the drive-thru lanes in relation to the alley. He inquired whether an Alley Use Agreement was being considered and that language be included to protect the OUA interests. Those interests being access to their utilities and lift station located on the eastern -end of the block. Building Official: Building Official Newell called attention to the bypass lane located west of the drive-thru lane, asking whether it was needed and recommended eliminating it as it has caused safety issues on similar sites. Mr. Boral responded the lane was there in case someone needed to drive around the drive-thru lane and his client would like for it to remain. Public Works: Public Works Director Allen requested copies of the Department of Transportation (DOT) permits. He further noted, a right-hand turn only exit sign onto North East Park Street from the site will be required. The sidewalk installation along Northeast 51h Avenue is to be the entire length of the property line, trees located in the northwest corner will have to be removed. A lengthy discussion ensued in regards to the drainage swale required along the sidewalk sloping to the north. Police Department: Major Peterson commented he agreed with Public Works Director Allen's suggestion with having a right-hand turn only exit sign onto North East Park Street. Fire Department: No issues were received. Mr. Boral commented he would submit revised plans showing a right-hand turn only exit sign onto North East Park Street, a sidewalk and swale along Northeast 5tn Avenue, and floor plan of the building showing the reduction in size from 2,997 to 2,690 square feet. He was currently working with OUA on obtaining letters confirming adequate capacity to provide the needed water and wastewater demands for the project. He will also add addressing an Alley Use Agreement. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. There were none. Chairperson Montes De Oca asked Committee Members to disclose for the record whether they had spoken to anyone else regarding the application or visited the site. There were none. V. NEW BUSINESS CONTINUED. TRC - November 19, 2015 - Page 5 of 5 Site Plan Review Application No. 15-008-TRC continued. Motion and second offered by Chief Smith and Public Works Director Allen to approve the site plan review for the construction of a 2,690 square foot proposed Taco Bell restaurant with drive-thru service and associated parking, drainage and utilities on approximately 1.035 acres Lots 4 to 9 Block 150 City of Okeechobee, Plat Book 5, Page 5 Public Records of Okeechobee County Florida and located at 501 North East Park Street (SR70) with the following conditions: 1. Revise plans to show a right-hand turn only exit onto North East Park Street. 2. Revise plans to show installation of a sidewalk along Northeast 51h Avenue including the removal of two trees from the Northwest corner of Lot 6 allowing installation of the sidewalk to the property line. 3. Revise plans showing a six-inch to a one -foot swale along the sidewalk which slopes to the north and installation of a culvert under the driveway on the east side of Northeast 5th Avenue. 4. Revise plans showing the square footage of the building needed to support the parking available. 5. Floor plan showing the inside utility plumbing for the grease trap. 6. An Alley Use Agreement between the City and the property owner. 7. Letters from QUA confirming adequate capacity to provide water and wastewater demands for the subject property. 8. Copy of FDOT permits. Motion carried unanimously. VI. ADJOURNMENT- Chairperson. There being no further items on the agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:57 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Service's media are for the sole purpose of backup for official records of the Department. ATTEST: Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary Pace 6 of 6 Fla. : _. *6 43: 7S So. 681. `68 : 191 Fla. LENS _ * 16 the two sections [*633] of the cite. but the unreasonableness of such a plan for a city. and the improbability of one so situated becoming populated. is so great. that [***17] such intention on the part of the dedicators would have to be N-erg• clearly established before it should be accepted by the courts. and ,,yhere there is and- doubt as to such intention it should be resolved against it. As was well said in the case of Cirr o' �eMV, "If there exist an acluol intent to reserve any portion of the lands so platted into streets. othenyise than by express reservation on the plat. certainly it should be made manifest in some manner not only of equal certainty, but of equal publicitt% as the plat. othenx ise an crctucil intent cannot be permitted to avail against an intent on which the last• will and must insist. as being shown by unequivocal acts upon which the public had a right to rely. [**685] " See also I(—m' ol'litdjcnicwoh.� Kmgsbitrv. 101 -hid 00, This disposes of the question of the width of North and South River Streets which the chancellor found extended to the navigable waters of New River. which finding is approved. V'here a dedication to the public use is made of a street or roadway. and the same is used by the public. it is the duty of the city as trustee of the public rights in and to the streets Nvithin whose [***18] corporate limits they are. to maintain the public uses against encroachments. and this applies to territory taken into the corporate limits after the dedication as well as to territon- included in the corporate limits at the time of the dedication. The decree is affirmed. TAYLOR. WHITFIELD. ELLIS AND VN'EST. J. J.. concur. Enu of DOCUmem Ave I bc Aj le 4a tk-4'l (J-C- L,1-rD-J-fj-s A- T-4i L 131", Lk 4W, --) L b(,J VL", f�, & tMj"N%N11Wh ''! k,N 01,11IN',Nx! (jqsjM_ VAVA"M. AM' Ai AMOMU01 11" T11UN" gy: 1"A"m !A. I "V VA4J, torv,71mil, sk 1011 'N ;At troll PASEMP� kirl HSAW E I NoW AHV W&MM "m n!" imm- Am& 1 01, "t�Ui li!Z "U"NqNel 3F Flu 140jy H"! 11F411HIF flip' jTV;jnWT IN AND M"t jWFE(I"H" IMF tATRk to 1mv =4 1,11H AN kpWpj"rjVVDATP- COUN UN. F,0111.11A� 111i *�*"""N(' WIFFIO��S. k,l� 1­;h( CRY of okeecN4Wc as a Am""" WHEREAS. 00 9—Am 'I Wc 12"ITIM5 Pub" jnwym and omm-:'� n! 'n, the -C4. of UWAITM PA, ­7y om;MNEP vY .10� (7; OECIIOB S jqOPUDA. AS 1'OLLON1 cat-d SECUON OW Thu i5 ;_,�Felciy cj 4, va an 151, C Aec -10I A 15 Pmt wide glkf in Muck 'it�. jIf v� reco! 1 in 1,1130 ol" 5 Public Recerils" okembome counts no6dIt, rawc pnmkuwrl,� P. , � entire 300 001 oury runnhig End ES)W"t between 1 Ams describcd Rv, "12t 12 inclusivc- --U-- !IT f�v v rmad *00 N Wit hash- rmovw ��n! i SECTUri 1 pur7os�s in and cvm t�L' cast p WrIv a Pc 1— —, — - aney or nlky,,q, yd BYA 15 1. CITY OF OKEINUMBEE, betwent lots I to 0 I -f-WU c mp. r6x shall cm,-: a cc!' of he ommumn h, 4 -any so sWrlop; 311RE11 Y_ the PlihAic recGrNds of q"E,TIO1'"GO.-,his tsrdijjpjcc shai! be Rx BW pk hg e iay of rLittIbef. it1999, and shali Wkv 3Il)mv-_djv,1,dy nPor, WiO�my)fion. From. I '' q'i; -'dl Of oso?f I I if( 111 P h (j.ce)ryl - 164w Sent: iN- Oecei riber 08, �01 1� 1, 1, 1 () AM To. D,wid Allen: Rattly BLirrielt(- Subject- RL Alley Use Agreement 501 NE PaO Street -4.ndres Bork? t-.!, Z-114AA-STRICH" Erffil%'EtRIN`QWC '71-?Ci i r FO;" rVivers, F-L H39c", P 239-362,1605 C- 239.692.0509 stricht-eng.com From: David Allen fmailto:daflen(o-ic;tvoiokeechobee.cor,.iI 4en' " 'We5dav, IN"ovember 24, 20-15 9:11.4 AM, To- A. dev$ <andres@maastricht-eng.cpm> Subject: RE. Alley Use Agreement - 501 NE Park Street 7-1 -rithe derl, !i? null the TIC, If u'vbux,,:sQ0n,: From:.Andres Bo.-a'.mailto:andres(d)maastt-icht-ena.-cc-).m'i Sent: Friday, lNovember 20, 2015 111,19 AM To: gburnette(j)cityofokeechobee.com; da lien (-dicityofokeechobee,�c,m, S"ect. PE: Ailej Use A-greerneent - 501 NE Park Sluee, Nldude all ifiv lar;'11AVIE, "i 71t,", afifl� can pro-Adc (,(Jpv o1 TKOViozo, agreennow fl­ I'll wil, Andr:.-e, Boral; F-AAASTRICHT ENG-NEEPUIN". 0 No. bo ANCF 732 ',rrdN, /7a ull 0 P VA vfoi-k Dri the Ot­lotisly-Mththe up with From: Patty Burnette r Sent: Thursday, December I0,- q e� da To: David Allen Cc: Subject: FVV. Use Agr �me'n Importance- 4igh Davioi please responud iad K 10 Mild'e"s C)n wileffier the 11an-g1uageis acceptable or whether additional language is to be included, Thanks, 'Patty From: Andres Borai rm.aitr, P L_ � I- III Sent: Thursday, December 10, Zoilr 1:15pM TO: Patty Burnette Cc. John Hayford Subject: FIN: Use Agreement Patty, Please see attaflied alley use agreernen' frual, 20019a. fCatl you le' Us knowif we car' Use this agreem'gin; as a template for the Taco Eels a I l,'y Use agreernerit-T fso let u__ tj jcv� qte language contained in tnis agreement will satisfy the City and the OUA or if any additional language should ILIP_ included. 0-ince I receive cornments frOrn You, and the ou,-,, the Taco Bell attorney will put to.getf ter a draft and we will include, as part of our resubt-niTtai. Thanks. Andres Boral, E.I. MAASTRICH T ENGINEERING, WC, 7370 College Padrwvay, sulte 211 Fort Myers, FL 33907 a n d ILe _s( .�,) i ri a -4 s t i - i ch, t - e n. g. ca m, P 239.362.1605 C 239.692.0509 C 17 7 1 DYFF (410PIR GUI (01)MY, PTCOFbrr" JJfd)JFJ(; jj:ia J'1,1, ALLEY US L LIGEWA- ............... -.-, - THIS LICENSE, B5,AND, Gt:­ 1WlA-N-IHE CITY Of Municipal corporation (herein te; "CITY7j. G� M and James u,14 alewmattc- "OWNER(S)"), datedthis W, - da, WHEREAS, OWNER(S) hold lee simple title to the following described real PrOP'erty, M Okeechobee County, Florida, to wil- .,e P to f Lots 11and 12, ofatock U- 501U TifWEST AUDI-POK a"ord;r.g tt� tfI thereof recorded in Plat Book 2, Page 7, public records of Okeechoblee County, Florida; and WHEREAS, City owns the tollowing alleyway: That 15 foot wide allevwav runninci East to Wes' and located between Lots 19, a rid 1 'G and Lots 1 a rid ! 2 o,' BI ock 1 '1 � S,'-) t-27H WES T ADD IM 0 N; iC accordirig to Vie Mat theye,-yf rer-erdeet in., Plfa+ Bnot, 2- p , Y- � 0 - - � 7 p,1, g records of Okeechobee County, Florida, and WHEREAS, the OWNER(S) desire to make certain irr'PfCivef-ents in the form of paving, landscaping and maintaining the alleyway adjoining between the Lots of 9 and 10 and Lots 11 and 12 of Block 12, which is an open, unimproved alleyway, which is owned by the CITY. 0 e a ts forth I m NOW, THEREFORE, in consideration of the mutuat promises -3 ndc v n n setf hher in the parties agree as fr-ItOWS: The Cl TY hereby grants this revocable license for use of the alleyway with the understanding the OWNER(S) will maintain the alleyway and S v hould it eer, become necessary to remove any pavement, landscaping or any improvement thereon, in order to allow either the installation, or maintenance of water, sewer, or other utility lines or any other type of installation Or construction, or for any other reason chosen by the CITY, the pavement, landscaping or any imr)rovement there c'n : wit/ be removed by the OWNER(S) or 'their agents and/or assigns at the OWNER(Si, expense within seven stays of receipt of written. request by the cl Ity for such removal. Should the CITY, for valid reasons. ri-noire the removal of the pavement, landscaping or any improvements thereon less than seven days notice, the OWNER agrees to exercise reasonable effoi 4s to comply with such requests. OWNER(S) agree to contact their insurance company and require a rider be added to the;, r insuranoa poficv with a certificate furnished to showing the portion of the alleyway as herein described, to be used by theryi, insures the clTy against any liability arising out of alleged injuries or other activities which may occur within the alleyway. In any event, OWNER(S) agree and shall hold the CITY harmless for any and all action, suit, claim, injury or cause Oi action of any nature arising out of owner's permissive use, and indemnify CITY for such, including costs and attorney fees ------------ -- Thai OWNER'S) snail riot, by such, improvements made to that described alleyway, obstruct, close or otherwise restrict access to the alleyway for travel thereon by the CITY or the general pubir That the O-WNER(S) agree that this license is non -assignable without the express written consent of the Cl -i'; and if transferred, the covenants herein shall bind themselves, their heirs and assigns, and said coveriants shall run with the land.. Page § o4 2 fJ Okeechobee County, Florida INWITNESS WHEREOF, th-partieShereto W, Signed, scaled and delivered in pre &encce Of 9 (Wiltness Signature) VFAtness Printed Name, 55 Se (Witness Address) es G. Music, (withes-q Sionatere) (Witness Address) STATE OF FLORIDA COUN-'YOF OKEC)Cu-r— The foregoing instrument was acknowledged beforr me this day of: 20.4 , b ere 3 ftal,:L, who signed in the presence of these w i t0 e s S ez - a re 6 wt a o p r u d u r ad a s id e n ii fi r- atia n _::Sr CAA—QM6�-7:- Nt.,y P.m. Stm & 0 Notary Public Signature rEl Esprtaa moz-2o; Na = Accepted for the City, Donnie hoi;e son, Public Woft Director Reviewed for Legal Sufficiency: John R. Cook, City Aftomey Page 2 of 0 (city Sea;-'� P N Lane Gamim en, WC,Uty Clerk Book676/PageT79 f�Psj* if-M19Cijr�71E-', I � *- — 11-200 ! � E. 2 o . . . . . . . . . . ...... ..... ........... I .............. Pa B' u r, e't t 1� Sent - To: it !I! Cc 1),ivid Aller, (Clallollfif­ tly-tf�)' Subject: AN TraC'Kfflgl nrm David, Allen David Aiier rp e r� '2 0 A -nmCrgl`�' W_ I -,o,­ f-rit as I J, , rf j JJ allt, 7 I I ;J 'F 114 11 t i C )kc�_ xr, 1 �"11' Willill M uofokecoiober.�,­v b tad 1 L U 1 -0 C � i U a S D FO I I cl i 55 SE TM vd A nou W 3407,4 A- NLv Nt� 76 4 7 Jlsitc: F Io ridIs hro,Id pi I h I W W Nvs, !his emai I may be subject to public disclosure. TY lam, ME= Cz: PaNv PoW: ON AhraMs; Men hlaalrkh' Mario Flores; -Subject: PE. -'-. aco Bell Okeed-iolbee 1710,n Rt-,vrievv vj"mon vo io-ecityt a rney fr rew.-lVivw,odersUrdft �p 01 —h� kin v—v my we a nd we are waiting on thew; to return it with anly �77TYGI 0 @P awv. , nd it bacl< -to the city, MAW p4mv- LIM u Wea 0 19 i 4 39087--- Fat 01% WWI From: Jackie Dunham ufokeechobee.cam] Sent Wednemy, fKarch 95, 21706 q:15 1AIV1, To: Miikr, P,:-fln'wr Cu MY Burnette -,:1purn Subject: Re_ Tacrn Rell Plan Revwv 1 ivanted U, louch hasu " id, Attu W xhhe Ow Phils for the iicvN 'Im:o Bell in Okeechobee have been reviewed and approved by the Building Official- Puhl k- firks Mom and Fie Chief. I believe we-aTesfill�Waiting:f ,Or , and ,kiley I ise Agreement betkxecr Ox t Ty and Au pnTc, oivnm-, 1 h1clievc Mastricht Engineerkig is -Wt.- ", r- �h-�n 0,tal 1 have conaW dic Offic,-� Administ at M i Sre t Ihi- "� i(h 1'1i !'� N�' "' a Icy a a I in p LhC N4 LIM I Usk h! Wi 't i)f d I FAC' a !Cfllit,'iOn i I!' thC Mural. KSAC From: Niki Salmon <rustic.now@9mail.com> Sent. Monday, March 411,2016 6-,114 PM, To: 7 sublect, a�­o,, jPv:�41 Good Bft"Ernao,�s TvzaliLNs, Well, I guess !'ma day late on information.. in� 7- nI L-nz J-, 7a was visited b—a Mi­ic %kpjj, _ cc, BOL Nice visit but he d " s c 10 s e, ,IFQ m, I a Z. t i i a ZJC,�, c_ 0 e z' a 7nnt - Ttk. , _f - !,. L Mr. Flores said Tace Beli h= bhF-ight ZE adda"t-inn"a, 2,=e s. w Tay..., BeL -an-If rny th:nze was in the path. Taco Bell was asking me to remove my fence and paint my building, 1 told Mario 1 would think about the fence and the building was scheduled to be painted this surnmer- I tE 2 e'd L_ Ccf-:S� 27 d 'aund it was some spoke to Jeff at the Cibew who was unawari� 7,� inn ao -_�tua�5 n- 10in 1 v :stig t future plait that m­v - - z — --n.- -�­­"­ ­'1, 11-1 4--".. approve an w 'T a- Bell. __eft iwf! Cb I don't believe this is in conformance with my corlstitutionaR rights., However, 'will be long out of the picture if the building is ever demolished. va;V I-ave a substantiai effect on niv business- -,;aid! it vva_-.PZeP==. U nf ortunately i don't read t!-le- paper very often and was quite clrprjSed t,"a' as Z; property owner with an adjoining property line that mail out was not necessary. 1 was not aware that a pe!-sop h1ad Lo take the pape— to be included in such rrtattecs. Sir ro eytt, 7 , 7 West making 2 right tum -to their dd! we create a waning line on IHW-V-7� i, WoUjA (39 ly -2 Sc cked cars to completely obstruct access to my, existing business. V+ ;r f-ho c:?mr- citfy_--rinn f -I- �qrjA' : ,r, t-'I� ;r-p"4 x,xrvo the i3,,no nar+!i more h?:, oxf r 100' of Rustic Style and Cabins has only, 48' -,f aces -s on -4wv 7�a access;. The economy is still struggling and so is my business. Any obstruction Vhat could detour business f"Orn my existing store is a grave concern to me. no Pi haider %k­ c given though corn e a u, b I i a t- ce v,.T n i, --p it, rn, d P �u, nol , - � t h I n Li FW - 'i , 1 . P CF. � lvgt Cu f L I i, V e -- ot fL, 'D� 1---rr, mq- busines2 mdj LAiverl�.ed, il r)n the planning Anv expeeneric�_dl traifir anail stage.. I wish the City to be aware of my concerns.. Taco Bell has ample space to have an entrance on 4' street the alert side and could designate exit oniy to Hwy 70.. This would have no dc'.- tmIE,,,:ffa' i m pxLe J"u, S. -4 I certainly expected my City tO have protected mmy int erest. as a small, long term, exist ng business. En 05 { ictok fdrward to hearing from you, NIKI SALMON RUSTIC RETAIL OWNER 863-532-9096 Realtor-Brol;.or Assocciate-BK326$539 State. cVrfJ'&-- 1. Builder-CBC7 256085 Pollutant Storage & Environmental PCC-056704 Allow me to make your RUSTIC dreams come true. Horne and furnish your new home to just your style. '"RUSTIC LIVING is the ultimate in Green Living. GOD bless you in every way! Patty Burnette From: David Allen Sent: Wednesday, Mare '23, 201{ 4:32 PM To: Jackie Dunharn. Cc: City -John Cook 2nd 6rcook1.648@yahoo.cornj; Patty Barnette; Plarrr,s Monte De Ora; Robin, Brack; 31ha;AD 10-u-3fI Eofn Subject: RE'. Taco Bell Alley Use Agreement Attachments: Taco Bell Alley Use Agreern€nt.docx r� Pa a vPrsior, with the requested changes irorn Cook and i{a;fo d, Pta?; t,kn !!fir , and give me any additiona+ i13'lges =,Tl t i C; i C.i Bell, From: JackiO Dunham Sent: Wednesday, March 23, 2016 4*1 S PM To: David Allen Cc: City -John Cook 2nd (jrc9ok164B@yahoo.com); Patty Burnette; Marcos Montes De Oca; Robin. Brock Subject, ' : Tacc: fy-Al Alley Use Agreement David, please sec; the :additions requested by Term Come;+'. OII A*s Attorne} . below, N e need to edit the AgrE ,mien', to Add 'tx Via: it iEtves alit g, with sC }fv c€ ok,F. Thank vou 'Cal Tl�.Gk.%E%' L1ttt'i�"16A,aYrr' ft(�.A'YI.i�4'L�ir7''a.i.,�eiG�•�t?f,,.:'"�GL4'�ti 55 S6 ThirdrAve-i C7k,eezhabea, FL :34974 I Vt/ci'. 861 Fa.xz 863 -763 -1686 jdunhamnei keec4ok_tle:corri Websttc- kht � { ° t- t - ho � .0 NOTIC E: Due to Flcirida`� bread public lays, this email fly a) be uti lest to pub" discla}:Ltt . From: John Hayford [mailta:ihayfordatpuafl.Cortl) Sent: Wedn€,,day, March 23, 2616 4:06 PM To: `C;ty- 0"Ir: -Ok 2rct Jackie Dunham Subject., Fyn: Tan) Bell Alley :Use Agreement Ztwo>ald app�`arfrcF,l the prc��tc:�d siteI�Partthatthere will berFstrcticrrt t � t4,= � »alf�ry�vay as ineiiti+�ne inaragraph 3. Please see Tort Conely rpn"eSi htalnw, John Hayfordt 6 1 C :..i aw f - `� i. 1 � It I 1 91 O �`� ;_ „ I rn From- Tv i -nei� R;W-'_oho, f5cdyi'€art' Subject, RIE: Taco Bell Alley Use Agieement i would !i' e E , _ -, opd paragraph added 2. it iC pureed and ? . i_ d chat tile} Okeechobee Utility;;: tho ity utcd any other putilic U'-'i t j prcjvfdtars are third pate : bet f F tit if i { F_ .r s I t°u li %t. From: John Hayford [rrtaiit[s:jhayfard(«�ouafi corm Seat. Wednesday. March 23, 2016 3:09 PM To: Tom Conetr �ttrsr�Qiyconeiyandesinely corn y Subject: FW_ Taco Bell Me, Use Agreement For your nE •iew ano ro to .-nis ot edits. John Hayford } Okeechobee iUtilit3 Authoritt, From- ?h-:1rde, duviha� € �sl� _ idun�m��itvaf€tk �r�f�ee �o :. 3 ; vie, Iesdatt. s' a 4 2 3, 20 i� :16 PRE To: jLayfco i fgrn Cc; Patty Basri eite; David Mien; omits John soak 2nd �jrcookl64fL( -0 Q orn Subject, T aco Bell Ailey Use Agreement Attached is the proposed Atte€ Use Agreement tier the net{ l ,t c i' ii .~i h was �r^r .r�.' h, the attnrne ic- Luihn armour. Inc: It has beeri reviewed by our Cite' Attorney-JohnCook who has direct-d -.he ( t ? a 5d an, - additional �y ¢ !.3� 1 �J t � n l �. additional panaajrraph W t'i " 5 x.d'dt l: I. You V ill C !P£'e P t OUA iavc tiled- attar€ enl rel icn th Agreement and ati cti' 1 x '. iacaTl C'; ,}omit ht made. a}v E arc asking ti i:> to be done as quickly as possible so we can expedite the permitting nroc:ess for file ileiN h€ti'iding. Thank OLI. A5 reta." v / Cxy of e2a ' % 55 S€ 71,i*-d,Avet�.a R+ 3 r c9kR,ec;4t. w& FL 3497 7ei,e,-8€3 - 7 6 3 - 3 3 7 2 enX 217 Fp• 9A 3 -76 3 -1686 jdunhar„ e;:s_ito4ti chc,hf- c came Website: http://www.c yolbkeec'� oboe _orn NOTICE: mile to Florida's broadI�ithlic !<<�;ti. tills c rrPaii itict� I}e Pil,ie::i to public clisVlc� iirG. 1. ..l cCD C an you confirm exactly how the policy should iae wrl"' e' al"! 1 Will forward ti0tiFlfr) to our insurani., comparly. use your address below and it will be writtel, ljkv t1jit City of 0".echoo- 55 Southeast 3"' Avenue Okeechobee, FL 34974 - If this is correct, just let me know and I will make that request today. Michael Palmer Director of Facilities Luihn Food Systems, Inc. Direct'. (919', 439-0878 Fax (919) 869-2661 From: Lanz c,;Imiolea Sent: M a nday, April 18, 2016 To: LAbra[_n_s@_aMe L91 Elcqjn; Mike Palmer <Mike.Palmerff)luiltrito,.od.r--fjr=IF> Cc: Patty Burnette Jackie Dunham <jdlunram(byi.iiyof ke I r ; e 1 ro echone_C,) , 1 > M Jahner <Miahner(o--,Cityofokeechobee.com> David Allen <da1IenC-cityofpk.eechcihee.com> Subject: Taco Bell Okeechobee Use of Alley-Insur Certificate needed Good Morning Mr. Abrams Et Palmer, The City of Okeechobee- has corn-Aeted executing the me of 1,- .4 - — 5 t� y rjee zru Tvr D 'ocK _ jv; for the Taco Bell project- The next step is for you to provide us a copy of the Certificate of Insurance as a rider is to be added onto your insurance police (see paragraph #3 of the attached copy of the agreement). You can have them email a copy of the certificate or fax it to us. Upon receipt of the certificate of insurance my staff will have the executive agreement recorded in the official records at the Okeechobee County Court House. Please contact, me should you have any questions. I nno— I=urn --e-st-Gamiote . CIVIC -a, City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3 rd Avenue Okeechobee, Fl- 34974 863-763-3372 ext 215 863-763-1686 fax 863-697-0345 cell cityofokeechobee.com PUBLIC RECORDS NOTICE: All e-mail sent to and received from the Lily of Okeechobee. Florida, including e-mail addresses and content, arc subject to the provisions of the F10,1(ij Ptjltljl; Record, Law, Florida statute chapter 119. and may he subject to disclosure N V­ - C 1 00 ,ep From: Lane Gamiotea <Iamiotea@cityofokeechobee.com> Sent: Monday, May 02, 2016 11:00 AM To: RSAC Subject: RE: New Taco Bell Nita, I spoke with Jeff Newell (Building official) this morning to bring him up to speed. Patty sent Jeff, Attorney Cook, Public Works Director Allen & Administrator Montes De Oca an email with a copy of the pending use of alley agreement and explained the situation. I'll forward this email onto them as well. Have a great day. Lane Earnest-Gamiotea, CMv City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, FL 34974 863-763-3372 ext 215 863-763-1686 fax 863-697-0345 cell cityofokeechobee.com PUBLIC RECORDS NOTICE: All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public Records Law, Florida Statute Chapter 119, and may be subject to disclosure. From: RSAC [mailto:rustic. now@bgmaiLcom] Sent: Monday, May 02, 2016 10:44 AM To: Lane Gamiotea Subject: New Taco Bell Good morning Lane, Just wanted to touch base on the Closing of the Alley behind my rustic store at the new Taco Bell location on Park St. Please let me know what you find out.. l sure don't want to be down to the contractors pouring the concrete to find out there is a mis-understand. Thanks for your help. 863-532-9096 �. State Certified: Realtor -Broker Associate- BK3268539 I Cm ja6ojj2 � , - Dunham From: Sent: RRossmeissl <RRossmeissICtl)ec-,Iiryiited.(-r)ni, To: Thursday, May 05, 2016 1:30 PM Cc- Jackie Dunham Subject, Mario. FloresccD iuih n food -com,- JR Horan Atta-hrneq 501 NE Park Street I . t�- 1. Soil Management Plan Taco Bell Okeechobee.pdf Jackie, Attached is the soil management plan prepared for the site. We will be onsitp monitoring excavation activitie, 'tihen working in the contaminated soils area. if you have any question,, or,,-.orn-ments please give me a call. Thank you very much and I hope you have a great day. RACHAEL ROSSMEISSL-STONE Environmental Department Manager ECS Florida, LLC 2000 Avenue R Suite '3, West Pale} Beatch. Flonda 3340A, T: 561-840-31.567 F- 56-1-840-6-366k �1"Y� ��rI �L ��6 e<�I�G 0292 cm cm SOIL AND DEWATERING MANAGEMENT PLAN TACO BELL OKEECHOBEE 01-RE PARK STREET OKEECHOBEE, FLORIDA ECS PROJECT NO- 25-2935 FOR LUIHN FOOD SYSTEMS, INC 2950 GATEWAY CENTER DRIVE MORRISVILLE, NC 276-50 R L APRIL 25, 2016 R+7Vjf:WFr'� � L, -L Lw' s Lz - I I., A%i 0 Page 1.0 PURPOISE 1-he purp()Ee !enn geynsand WwWric i-ta... procedures associated wjt,,,, do —Maim,naled matenals Wat may be encountered durifiq development h-, the excavateWEH rnatenal at the fijture Tacci bell Site to conuactcjr,`-, performing work at the site. This pian is riot intendedtc) acf as a health and safety pjw:' bul is intended to be presented tc, alOFsilevvarkers, as vilornnation- City of ()k,'s(;cl joh,',: F'WjeA No Page 2.0 SITE itSTORY.,,AMn�ppru>nzcr,.r)EVELOPMLENT SCENARIO Bil-Sed on.prEWIOUS -site aSSeSSITients cif if leurn im-1pacted soil and Petioleurn impacted soil is present pmriaril+,, aforici iii& '-'er�;Ir May be- -041niered dunrit-, co"I's1ruction m uF piesent beneath the Majority (A the sile. The site is scheduled to be redeveloped into a Iraco Bell fast food restaurant. tC,S Prc)11(-C� No -)r, Z5 LJ 3.0 SOIL MANAGEMEKIT, poter-Itial pa- I ex--avation and soil management at the AU2. Utility vic-ti-ers and oo4e-4 S P Property may also I)e at risk. Risk s�cenarios 11-0-, w o r lk a r 1 e x p e c tzad 'i t vut'f , r p a le dus', in lal der n a u w - cildnt�' contac' nCd: Pathways of inhalation fiom 4r 9 7711 groundwateV pat tKAes, Contaminat,ed'seijs a,,eIimited to an isotmed-4 s-echon of the southern border of the si.-- Th.= contamirlated, s,qils which m- en-Cwuntered during the insulation of light poleay be monument signage Js, depirated on.Figure attached, -C-l'ontarnirsated halera:p+di —ad result of the excavation o, uti.lib,-- work should be managed in acCordance with I. tan.wbe [AanagemePnec-ssary to stockpile the Material ex-3avated the area r" presumed contaminated soils to later be transported to of"Nite disrlr.sai hi-c materr'rl-' should be stock-fledon the site placed on, plastic sheeltimc er r-! U until the material is property disposed, from Soils removed from within the contaminated soils. area should be sutficien,+!' U/ or limit fugitive dust. The entire area should be secured from public access. kny -��kse- 1,n contaminated material not reused on sifie- should be llransporpr. o sit-L ar- Misr. accordance with I�edefral, state and -I 11ocal regulations fo- thts cc 4alT lin i --ZZ Szz)h� I I ul -)nu- , at Workers should no" be allowed to eat, smoke oc drink in the ai—h -�io-. impacted soils are exposed- A designated worker "break" area. Should be establisheic as needed at the site. Workers should be required to wash any exposed areas regularly during the workday and at a minimum prior to eating, smoking or drinking and upon leaving tht- Site. Also work clothes should be rhanae,! r-;Dr to c�xit;n 'j, U ti environmental inform ation for, the site it does not a�pr�eaf U iat personai piui�CUVEf T , (PPE' above Modified Level D (i.-E:-. norma�, wcov. L.�, " glasses, hardhat, and safety shoes; � will be needeci U Zvi- el) WO r K In q! a I s i i e JL111) fli-- contaminated soil excavation. However, coristru-iion al vs. li rFs jr, r, fz" direct contact with the soil or groundwater, or if splashing 0�; i�� �,i -,tEE— li clothing e. gloves, TVvek suits; dust m a, s Vs, ejr j i,ts, -,} sli.,j it'-! withthe soil and groundwater , PISAC Frwra: sent !_1.._'_ 1 11, F" �_.-I ` I, ?, RSAC Friday, Wszv 06, 2016 8A2 AMI i-, W" a4p-",_p df .just ii9.on� III I T', f­WL,'­1�A11._-,_ I know somotmes thc pcoplu im slu: havc diff-crt-tv coliccphon", Maii laic 1"los and fwkk- shork-d dwU 114"n-11", 1171th IIIN clilplovecs. 1, 11 " m v " -I r I I � 1L ! t 01 'I-x 1'i_. 01 "'p, i �w. III om fi*t­,c I'm, t-f�N:z �1v-,., Tl!f"Aov t��[ �� ­1� I J� 1­ i — - We (11"d hwc ;I bif of com-cm., kist w-cil-I Idifl-v Ov-, v(plipincii; or)'cnuor was re.movilig flic vfnc�, h-ow, tin, filtict, ()I) dic hack halfol-dit, prolwrl� it; tha, 1,5 vertucx?x.sJ1pg Ili, slwq) arv;,l aud "'Inc ntork. lo III( public. I spokc, to Bol', on silt, ;md cq)1aIiwd JUN COUCC),J).. 1,11ailL voulim E)bclmg Ov.- fto(lzam, tit(- labor il- ptu Illy to Owpod; 1-01 protcctloll. As it fill -lied oil! I waS A& lo 1 olic t)hw, vclidol­ whifzknct. salk- J id w.­�r on flv,' coasl to voluc imck tin uno.,! of Hic ilikicillorv. NA4, 11;1\,(, onlY i collpit, f if lictiv, Id! Oi;o %k- c.w out­wl­€-N m, "U 1 tv Om !­pf.ilsi) 0i;- Pod ;111(1 labor. 11-i I 11 ); I vc I I I i; ( " 4 - z I F -c I 4€9tiik I'( )I 'K I i P( )i II Ci 1 1 11 ;f`, ficto vvc suwf, dic taWc sawti ;11-(, ioo Im-, to I I IOXV. jusi kccp In whcyvmr,r 01c Ohc v'1­pr),,vcrm--w �T ;rccic(l ;4s1 czlickh wpossibic lo 1111111 11L -II 1-I I I ,! 011aijoiIC! nowl. I ,n, I- , .ilI I ­1 1, 10II ;WCCSS. I lindcl-st;111d th( ll�.,d i0v ctwu r-cs-m i�_ t(sw apipf iAi hcd Bo;) to if 11 kvw km,; liti" it be as 11 vcL;tr"­!� ml. t"Dm, 4, 4, I call I nq A ic) ) I it il C'i I t l re,I31 i 4 c I I I t f , ttrs f F. I:i v� I'l It o, k isit I i r -4 1 t v Iit.c;ll r I 11, 11 Vvi S;13(, illicv- wcn� i" j Hc ()�R 30' ;t, Sol �II )k v 11 Mli I tit I jjc;IW I A) What thc sup-cr Said fim-C wili bc rt soild, , .­JRi, ., , ,.. � -,. Bulk Eltsl ro�k, um A", ljvllsc�_ he A.LLEY nnumm too am! MY W."%" Gas Up am! 7 IN Muf I Mk mywn� 1. W tnnwr SHAI I, TWYI, In' SlWh NqUIMMMS I MWO HAWOwd Xjma% ( lBSTR11CF. Cif )'SLoi of.herwis. jOri4,,� access 8o III,- .111cYlvaY for travel ibercon by lhc Oly or Ow GENERAL P-I lffljt— Qow was 50-04, Zuni y1w; 17mv 14,110w '7 -r,r a. r-OW in Aq Onsp, Rcspcc! 1`1 111), Thank you, Nilci Salmon_fix!,'L State Ccrtifiedk! Realtor-Brok.cr Assoc-.atc- BK326S539 CTC t -'�56OA5 Niki _ RSAC From: RSAC <rustic.now@gmaii.com> .ient: Monday, May 09, 2016 8:17 AM To: mmontesdeoca@cityofokeechobee.com; jnewell@cityofokeechobee.com Cc: mmontesdeoca@cityofokeechobee.com; jnewell@cityofokeechobee.com Subject: RE: Taco Bell Okeechobee, FI Good morning Marcus, Thank you for meeting with Gerry Campbell and I :regarding Taco Bell. I want to be sure we are definitely on the same page.. There was a lot of conversation so I want to make sure I understand a few points. I do want to comment on one issue.. I strongly believe it is critical to any business that when a new business is coining in on a neighboring property the existing property owners sure receive a correspondence to be included in the conversations in the initial planning review just as you do if it were a zoning change. Gerry nor I was advised to the Taco Bell plans. We should not be required to purchase and read a. new paper to be advise. I do believe that. courtesy should be required and it. would certainly have been helpful in this situation. Regardless of the purposed mute-4hai you..o Winced on Friday where a transport tuck can meander that Taco -Bells back property from 4" Street the alley agreement clearly says fhc alley cannot. be obstructed. ohs without a doubt show the alley being obstructed with the island and the parking spaces. Your proposal to have die parking spaces removed and die access road from the rear widen and tine corners cutback to allow a transport to have easy access is critical.. Although I do not have transports very often I do on occasion. Most of my deliveries are box trucks. The purpose to hold on to die use I had when I bought diis property is critical to my uture. Should I not be able to support my business and forced to sell I should have the same options available as when I purchased. You also mentioned about. the front of my property that if I sold and a new business came. in I would lose the front access per DOT.. Please clarify what. change of business is. I am currently a retail and office use. So if I sold to any other retail or office as long as the parking accommodated the new retail/officc the frontage would not. be an issue, is that. correct... The new business would not. have to Furniture, just. retail. Thank you for your time and your promises to keep me and my business in a viable position. 'Paco bell is a huge. corporation and I am certainly a very small business. But it is the expectation that. my home town administrators considers my survival .just. as important as any new corporation. 863-532-9096 State Certified: Realtor -Broker Associate- BK3268539 �r.. r Builder- CBC1256085 Niki - RSAC 'rom: RSAC <rustic.now@gmail.com> sent: Wednesday, May 11, 20161:18 PM To: mmontesdeoca@cityofokeechobee.com; Igamiotea@cityofokeechobee.com Cc: dwatford@cityofokeechobee.com; moconnor@cityofokeechobee.com; gritter@cityofokeechobee.com; nchandier@cityofokeechobee.com Subject: RE: Taco Bell Dear Marcos, Thank you for the positive information this morning regarding the Alley Agreement for Taco Bell. As per your positive news the Alley will remain open exactly as it has been.. I will relay the information to Gerry Campbell, unfortunately Gerry is in the hospital. So I certainly appreciate you contacting me directly. This is excellent news as continuing the alley's use as is A will riot obstruct or interfere with my inalienable rights to conduct my business. Marcos, I am sure that: you too are interested in any conversation or suggestions that could be proactive in avoiding possible difficult situations. I had planned to address the Council, but thanks to your immediate attention and solution that will not be necessary.. However, just to share my thoughts with you. When investigating the Alley Use License Agreement, The following concerns were made light. of, I was advised by City employees that when a Toning change plan is proposed a Notification is mailed to all parties, including ut. not limited to the adjacent. property owners. owever, if the improvement% are not a 7.onin9chatige, no notification is required other than a public notice advertised in the newspaper. Using my situation as an example, when I requested and was provided the public records of the Alley Agreement there was no concerti. The alley agreement clearly noted in Section 4 no improvements would be made to the Alleyway that would obstruct, close or otherwise restrict I had no reason to believe any intervention tray be necessary. Unfortunately, for persons who do not read the newspaper on a regular basis to spot. concerts fir their investment% may get missed. I would strongly supporta written notice be sentin all situations where a new or reconstruction or Alley Agreements are the subject. I do not condole a person should be forced to purchase and read a'newspaper daily to be informed of important issues concerning their property and or business. The City's goal to protect and represent the interest of all its business is a high priority and any suggestions for improvements to the current due process should be eagerly be welcomed. Having pointed out the concerns with flue notification process the next concern followed. When the plans provided by the Taco Bell's representative were submitted to the. City Plan Rcview for approval the plans passes plan review. The plans clearly showed the intent. for the alley to be.. closed in conflict with flue alley agreement. My concerti is die plan ft*review did not go well. I would suggest investigating how this conflict between the agreement and the plans occurred and how it could be resolved to prevent situations 1 m ai u r En m o 00 Ln CO N cq co ca U fQili:: .: ii It t u: U ' ,t''--`+:,t: Ill {tit ;�1 In•.��•al tsu t': u.?: ii'- 7=���'.�r�,rv�;= k, finents: ('t)`li., Plait#7r1` li'=- I r lsl j�: P.4tntttt+.{t' ;h€,. r6,! `13f f?i3' larti ,wii j)[ {. 0VU K-It l?irtt.tifl (1() ' j;Kj: t )k l od_�vtiai i<. (Ir i.J[t'.i { .'t ttl•:,jar ait; C3[}Fa.j�i : i?ket, ivlk I lonalds U(h?-P1i1 -om: t�1;. : Hale; tnlailtc:Mike.Pitmer�u:?Ini to€a;td.conil ant: Thursday. May 12, 101C pM c: Pat; Rmette: Peter Maastricht, Mario Flomm- s J1 Sect: ;:W-: IrRt_ Aargau=! for js-!•%OS-TRC weii. im. not sure what LC? do here se. may i)e Ir'.)u ,:zit? f iP r-%e -ha _ "L = 1'?1i?i' an, thaat snows curbs, parking and landscaping in #its. all li _ V T it}- _p the wile vay use agreement state-s that the owner of � t3 . be -_span � `�r r Covina any g the Taco R �r �,=i: ��-n ��. � � �. � �. 4 Sent or landscaping in the event the city bas to do any maintenance :'",e :t it°._..: ft: cz`'2".:+ 'n . a Sit -e� ;;> the ci,:. to problem is that we already have about 51 million dollars invested its ttti5 project awi =,w -2king the changes you r►.arked up would have a pretty dramatic effect or, project ins both mmne. money and the ,, arcing usefulness i I this restaurant "removing parking spaces will-mgvire that we rePerm- tne si%e w}:', ..--,,- ese concerns about the alleyway had come up during the TRC review or the public hearin,, because it would have isie- to either cha•_ngt- the design then nr not r?'-ove fortward with tthi+partirtA a' ie ar iclT above is front the Okeedhobee mews that summarizes the approval ofthis site Flan. %Ve had tc re-scht+_1 e ;o Fiib`lic hearing -so that there Were i'rIOUgh bays of advertising, before the rneeting. The a etaii!5 Of" is atte piar, -were sr ,d thoroughly during this meeting (see attached minutes, k'or tlh se reasons, ;gin, re �t,esting that we he _ I!'!r ti>' Gr3ri5trUt tl !7 r '•' i7tc-aVpr ovPtd site-pian. -4dtiEx ii1FcSf ?9ryp�>AI Of {iie d"Cu€T� -- �the f`v'tr :ems? alds a='i3Ci?=kaJ an 3ti,factoryt ; yott, if you lave any questions or wish to discuss this in -more -detail, please do not hesitat io , ive all. Aichael Palmer ?irectci; i:: Ta:4i#I Sc» rom: Peter Maastricht Imailwipetgm rurrtaastricht eng_cvtni ent: Ti-ursday,.April14_201ia 12_ PM a., fl/i e €palrrier <Mike.ftbne= `luifilpfoodxo t?-; Mario I`lo- s Ov?arlt? �lpr�sa�lliiltttt—o(, FS rn Niki Saimon From: Marcos Montes De Oca,<mmontesdeoca@citvofokeechobee.com> *4mw' Sent: Wednesday, August 03, 2016 10:09 AM To: Niki Salmon Cc: mario.flores@luihnfood.com; Dowling Watford; Gary Ritter; Noel Chandler, Jeff Newell; Robin Brock Subject: Re: Taco Bell Okeechobee The city has issued a stop work order on the project due to th Cviolatio)ns per the recorded use agreement. We will keep you apprised of upcoming items as they become available as well as the outcome of today's meeting. I will call you late this am to discuss this as weli Marcos Sent from my iPhone On Aug 3, 2016, at 7:47 AM, Niki Salmon <nrsalmon@ comcast,net> wrote: Good morning Mario, Yesterday the concrete crew was onsite and replaced the concrete the contractor had damaged. It looks great. Thank you. I would like to understand what is taking place with the rest of the concrete pour. Back in May my discussion with the City of Okeechobee and Mr. Mantes de oca as well as OUA had determined Taco Bell could not block the existing alley which would cause harm to my existing building. However, yesterday's pour clearly poured a thick concrete sidewalk directly across the alley which as is will undoubtable effect my business. Please contact me as soon as possible and let me know how this is going to be resolved. Perhaps you have plans to build a ramp on each side? For peace of mind I would appreciate a call. <image003.png> Nita "Niki" Salmon 863-532-9096 cerrci.n�ton G e4d Fvtate,ll T7 State Certified: Realtor-Broker-BK3268539 Serving Okeechobee and surrounding Counties Serving Miami to Vero MLS Board of Director- Okeechobee MLS Builder- - CBC1256085 Pollutant Storage & Environmental PCC-056704 Board of Director -Okeechobee Chamber of Commerce r sFe�-'i- f G�$5 o4. From: Nild 'K%A( Sent: Tuesday, Augtr,t 0(), 201(, 1 %,1 !'i 41 To: Marcos Montes De Oca Subject- -1 aco Bell € ood afternoon Marcos, I know you and Mike O'Connor had planned to do a -site visit ails a#ternoon to discuss the alley situation. Since it is almost EiPm, I assume your schedule did not allow the time to get here and or that 1t has rained all day. Unfortunately 1 will be out of ;own tomorrow but will be back on Thursday. P rt ps y-ov can 5 use; ule Y+11ta Mikir and �t mr, -`ilo iv ;at will be a tortvr: nie lit timi, to rneet. Can you verify that Jeff Newell was able to get in touch with Taco Bell engineer to determine if they are going to open the alley or Work on the bypass? This is a very bad situation in my opinion for myself and the City. Taco Bel': seems to have no worries. Let ?'ne k-riow u`t?ou's si site 05it a5 suoi a-, possible. Thanks `43w 3,41.MON RUSTIC RETAIL OWNER 863-532-9096 Kcaltol-1tr0kct' -BK`W 2(;85,A9 3 a ;.�,,iti,• af° �` «.rtf tc 'ct � it's 0 Lane Gaxmicitee Fxmrr (It mvIt Ivpm^o'� fv'/''v. Sent |.W»\,^wp*�|/./:x.'� ux,'xx To: |Ill it, (_.^/vx)(co From: Nik/ �-.a|nnmo [ Sent -. Monday, August DB,2O16 12:35 PM 7m: Dow|/ngVVatyord ' '^ Subject: Taco Bell l vvmu|d like the opportunity to speak to you about the conflict Taco Bell and theaUey��s�rne�� l had sent you e group email but was told by Marcus that I should not, do s«. Would you besokind as to call me.. Ifoe( like the City has se|ecLed grea� favorbi�rn fmrTa�c restricting nny busiuessand my future use, I have bE'en cnrnrnuoiration vvi"h the {-i�isinc� n�ay mn� ss this morning's meeting with Mar,cus Ifeei like need to get a. han&, on opprinach [ns_b|ack] Nita "Niki" Salmon 863-532-9096 Remington Real Estate,LILC State Certified: RealtorBroker-13K-3268539 Serving Okeechobee and surrounding Counties Serving Miami to Vero MLS Board of Director- Okeechobee !qL5 Builder- -[B[l256D8S Pollutant Skte or�g9 -8A Boardof[}iredor-OkcechobeeChornberofCornnnemce The will of God will never take you where the Grace of God will not protect you. The livelihood of a Realtor is dependent on the good word of the clients we serve. T hooe that I have served you well and that in the future you will know of friends, neighbors, Lane Gamiotea {A/ ror z. � In G sent: To: ity k,ltlr t ��ul: nri w Cc: lictbhi<� lenkilrs. Subject: taco bell alley sf Tracking- Recipient Delivery City -John Cook 2nc Bobbie Jenkins Delivered: G1112016 341- f"M Per Jeff, alleyway in the Taco Bell project is 15'x150' = 2,250 sf Lane Earnest- a iotea, CMS City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3"' ;Avenue . Okeechobee, FL 34974 863-763-3372 ext 215 863-763-1686 far 863-697-0345 cell citycofok.eechobee,cosn PUBLIC RMCORDS NO'nCE: All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and ranter i. wa subiec" io the anarisians ofthe Florida Public, Records Law, Florida Statute chapter 119, and may be subject to diselasure. li CAA jb��`� TI CITTI OF rivr Qz' -1 HOBE-P - U .6 '64 I E MEMORANDUM UUM FRON1. Bonnie Thomas 12/27/88 R19JECT: Street 0 - 811ey Closings Apia #27 & 028 Attached please find eight (8) copies; each of Application #27 and 428 for two (2) a' -ley clos inc in Block 154 which have been completed by American Pion - that Af eepplication f27 is -I - Bank. Please note -GE lwh,, i h runs Nortand South, Application #28 is for Alley #2 which runs East and West through the Block. These applications have been reviewed and appropriate comments added by each Depart - Head. Please take note of t men,- Tomey on the applicationsa he comments added by Fire Chie�f This matter has been placed On the agenda for the -__Ja-ua_rY 3, 1989 Regular Council meeting an,the individuals from American Pioneer have been pl,OPerly notified. /tk --v0 chobee County Property Appraiser updated 6123/107f7 Parcels -1 5-3;'-35-[1411f -01. 00-d`F 4l., c< Nexl t uw_r r,ar.- ttsiki r' U :'f.;'F"hol': I)P, 490 { wnet's Name 1WHIN FOUR INL .X. !Site Address +NE `_1'H AVE, OKEECHOBEE �kaet g+ 2450 GATENIAY ERIND 3. GEPJTR C= re• 3 3M0RRT_S/ir Le, NC 7756096t5 Den %ri"u=0n _F` i'�i7Y Cy%- ilKM;HGBi:E LOTS 4.9 & Ei lil£aC:K i5r, NOTE,- :rans rictesc; sti:ar: rsp'.son is not to be used as the Legat D"Scription fr�r this parcel in any legal ; Land Area 0.490 ACRES — SITIR Neii1!' rhood 5186S8,00 -{�--- Tax"C3istric4 !so DO USe' .ode VAi_AW (000[i00) 4 - Market Area i t c voae shown here is a Dept. of Reve lu cvd F rc th 4he Okeechobee Cr,a .ountyPlanning & Devebprngn; office at £FG ..�! t ,AR a r ac zonirtU inforrnazio r. 2U15.._. _ er ified Values Par!. . Nk"ir'. Ve lax FccF,rd 'r•ropurtjf.;ard A5 TRltvt (pdf; Interactive GIG PJfap Print k ._ 1_1 rlk—. �� r irrr Ft� uH (p( tJe%t» GiS Aerial T'w ,just Vaiue s4i;552.0 lClaa�s—s Value i !As; ml essed �aiue ! g41,652.00P (Exempt Value Total Taxable lvaiut $41,852.001 t t ON �vI I u 6 r Bit C r i Adiustments i€Face t anti Val i� d i.Fsti_�F 06J�P� 1.00 �.UO i.uxs:��.,t r d� eCu'.` r updated:L. 6i23/7_016 Okeechobee .�. t u: 2 of 5 Next » M4- �� Ali' reral Into Exemption, Tangible TaxE A QContact Us This information eras derived from das which was compiled by the Okeechobee County property Appraiser's Office solely for the 14 t,ttp:llv,", oke,ctrob',epa.com/GISfSearch_r.asp AN ORDINANCE CLOSING, VACATING AND AMANDOMING T11E ALLEY OR ALLEYWAY LOCATED IN LOTS 3, 4, 5 AND 6, OF BLOCK 154, CITY CLERK To CITY OF 0KE1'CHO1iFF---, DIRECTING THE RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE COUNTY; PROVIDING AN EFFECTIVE DATE. BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: SECTION ONE: The alley or alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida, to wit: Lots 3, 4, 5 and f of Rjuk 154, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Fjook 2, page 17, public records of St. Lucie CountY, Florida. Reserving unto the City an easement onto and across said vacated alley for access for maintenance of existing utilitiLF or, installation of utilities. SECTION TWO1, The City Clerk uhall cauz'(' a certifi,?'d copy of the ordinance to be recorded in the public records of Okeechobee, Florida. SECTION THREE: This ordinance rha-1) be set fOr fine' public hearing an March 7, 1999 and shall take effect immediately upon it adoption. Introduced for first reading and set foz final public hearing thiE 7t` dal, of February. 1989. �OAKLAND R. HAP MAYOR ATTEST: VT— Bons--- passed and adopted 01, p.econd rcadjMl anLl hearing this 7th day of March, 1 - 9M ) 1APMA$,, -DAY-ANIT J?. CI ATTEST: BONNIE S, THOMASF CMC- CT91Y CLERK r si tsssrncrxtf aantio,�>iR of t7bl lrr a a �et�: rur Jq'ldpfj aLil wG4 PeAra a1 pue ei Was 1, w• tl > :3O11ON SCIdoo3a ;,ilgrid woo Ilao 9+aE0169-£9i;' xe, ane Gariiic)tea rom.- Lang Gainrotei 'ent. Friday, June 03, 2016 5:59 PM o: gil@gilberthasit.corrf' X: Bobbie Jenkins -,City -John Cook. subject: :alley in BlIK -SSG oolow lips Flag. follow up We By: Thursday, June 30, 2016 10:30 AM lag Status; Flagged racking: Recipient Delivery Read gi I @gil berth asiL corn' Bobbie Jenkins Delivered6/3f201.6 5,59 PM Read: 6 6J2016 8D8 AM City -John Cook Deliverer.' 6/312016 5_Sa PM John Cook Read: 6l6/2016 8:12 AM Fhe alley we talker about today is located between Lats 4-6 and 7-9 in block 1.501 City of Neech©bee, PO 5; PC 5. %ccofding to our Building Officiat its approximately I_Yx150' or 2,250sf the City needs to know, if the alley where w he abandoned, what is the Cost per -squaw e foot. shank you, and if You need any additional information ptease tet me know. -Ine Earnest-Ga iotea, i MC amity G!erk/Personne! Administrator :;it , ; Plkffie-Ch bee 35 Southeast 3 d Avenue Dkeechobee, FL 34974 363-763-3372 ext 715 363-763-1686 fax 363-697-0345 cell :ityic7keex�`s�+J�'E�'.C:CiY n PUBLIC RECORDS NOTICE: Nil a -mail sent to and revived from thr City of Okeechobee, Florida, including a -mail ads o disclosure Records Lava, rlorrka Statute; Chapter 119, and may be subject Y Exhibit 7 Sept 6, 2016 ORDINANCE NO. 1142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, ADOPTING A MILLAGE RATE TO BE LEVIED ON ALL REAL AND TANGIBLE PERSONAL PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017; PROVIDING THAT 7.4932 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 7.4932 VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES; THAT SAID MILLAGE RATE IS 4.28 PERCENT (4.28%) LESS THAN THE ROLL -BACK RATE COMPUTED IN ACCORDANCE WITH FLORIDA STATUTE 200.065 (1); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 166, Florida Statues and Article VII, §2 of the Florida Constitution, the City of Okeechobee, Florida has the governmental, corporate and proprietary powers to conduct municipal government; and WHEREAS, these powers include to adopt millage rates to be levied by the City Council on all taxable real and tangible personal property within the City each Fiscal Year; and WHEREAS, the City Council of the City of Okeechobee deems it necessary and advisable to adopt and levy a millage rate for the City for the Fiscal Year 2016-17; and NOW, THEREFORE, be it ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1: A millage rate is hereby adopted and levied by the City Council of the City of Okeechobee for Fiscal Year beginning October 1, 2016 and ending September 30, 2017, pursuant to the Laws and Constitution of the State of Florida. The City Council of the City of Okeechobee, Florida, hereby levies a tax of 7.4932 per thousand dollar valuation on all real and tangible personal property within the corporate limits of the City of Okeechobee, provided however, that 7.4932 shall not be levied upon property in the City of Okeechobee claimed and allowed as homestead on the general laws of the State of Florida. Section 2: That as designated in Section 1, hereof, 7.4932 per thousand dollar valuation shall be used for general City purposes in carrying on and conducting the government of said City. Section 3: The millage rate adopted is 4.28 percent less than the roll -back rate as computed in accordance with Florida Statutes Section 200.065 (1). Section 4: That this ordinance was proposed, considered, and adopted, under the provisions of Florida Statues Chapter 166 and Section 200.065. Section 5: The Finance Department shall furnish a certified copy of this Ordinance upon second reading and final adoption to the Okeechobee County Property Appraiser, the Okeechobee County Tax Collector, and the Florida Department of Revenue as required by law. Ordinance No. 1142 Page 1 of 2 Section 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7: If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 8: This ordinance shall take effect October 1, 2016. INTRODUCED for First Reading and Public Hearing on the 6th day of September, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing on the 20th day of September, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No. 1142 Page 2 of 2 Exhibit 8 Sept 6, 2016 ORDINANCE NO. 1143 AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016, AND ENDING SEPTEMBER 30, 2017; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $8,903,681.00, TRANSFERS -IN OF $1,230,253.00, AND EXPENDITURES OF $6,342,774.00, LEAVING A FUND BALANCE OF $3,791,160.00; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $1,323,926.00, EXPENDITURES OF $712,800.00 AND TRANSFERS -OUT OF $350,000.00, LEAVING A FUND BALANCE OF $261,126.00; OTHER GRANTS FUND REVENUES OF $743,480.00, TRANSFERS -IN OF $16,020.00, AND EXPENDITURES OF $759,500.00, LEAVING A FUND BALANCE OF $0.00; CAPITAL IMPROVEMENT PROJECTS FUND REVENUES OF $5,372,985.00, EXPENDITURES OF $1,180,865.00, AND TRANSFERS -OUT OF $896,273.00, LEAVING A FUND BALANCE OF $3,295,847.00; LAW ENFORCEMENT SPECIAL FUND REVENUES OF $4,861.00, AND EXPENDITURES OF $1,750.00, LEAVING A FUND BALANCE OF $3,111.00; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, be it ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1: The City Council of the City of Okeechobee, Florida, after having held a public hearing on the annual budget, including General Fund, Public Facilities Improvement Fund, Other Grants Fund, Capital Improvement Projects Fund, and Law Enforcement Special Fund, hereby adopts as its annual budget the expenditures, as fully set forth below, for the City of Okeechobee for the Fiscal Year beginning October 1, 2016, and ending September 30, 2017. GENERALFUND Revenues: Fund Balance $ 3,971,869.00 Ad Valorem Taxes - 7.4932 $ 1,795,116.00 Other Fees $ 682,600.00 Intergovernmental Revenue $ 1,431,235.00 Charges for Current Services $ 969,145.00 Fines, Forfeitures and Penalties $ 14,770.00 Uses of Money and Property $ 1,000.00 Other Revenues $ 37,946.00 TOTAL REVENUES $ 8,903,681.00 Transfer -In from Public Facilities Improvement Fund $ 350,000.00 Transfer -In from Capital Improvement Projects Fund $ 880,253.00 TOTAL REVENUES AND TRANSFERS $10,133,934.00 Expenditures: Legislative $ 183,099.00 Executive $ 193,273.00 City Clerk $ 214,426.00 Financial Services $ 296,763.00 Legal Counsel $ 74,605.00 General Services $ 367,031.00 Law Enforcement $ 2,221,878.00 Fire Protection $ 1,559,204.00 Road and Street Facilities $ 1,232.4 55.00 TOTAL EXPENDITURES $ 6,342,774.00 GENERAL FUND BALANCE $ 3,791,160.00 Ordinance No. 1143 Page 1 of 3 PUBLIC FACILITIES IMPROVEMENT FUND Revenues: Fund Balance Revenues TOTAL REVENUES Expenditures: TOTAL EXPENDITURES Transfer -Out to General Fund TOTAL EXPENDITURES AND TRANSFERS PUBLIC FACILITIES IMPROVEMENT FUND BALANCE OTHER GRANTS FUND Revenues: Fund Balance Revenues TOTAL REVENUES Transfer -In from Capital Improvement Projects Fund TOTAL REVENUES AND TRANSFERS Expenditures: TOTAL EXPENDITURES OTHER GRANTS FUND BALANCE CAPITAL IMPROVEMENT PROJECTS FUND Revenues: Fund Balance Revenues TOTAL REVENUES Expenditures: TOTAL EXPENDITURES Transfer -Out to General Fund Transfer -Out to Other Grants Fund TOTAL EXPENDITURES AND TRANSFERS CAPITAL IMPROVEMENT PROJECTS FUND BALANCE LAW ENFORCEMENT SPECIAL FUND Revenues: Fund Balance Revenues TOTAL REVENUES Expenditures: TOTAL EXPENDITURES LAW ENFORCEMENT SPECIAL FUND BALANCE $ 658,676.00 $ 665.250.00 $ 1,323,926.00 $ 712,800.00 350,000.00 $ 1,062,800.00 $ 261,126.00 $ 339,642.00 $ 403,838.00 $ 743,480.00 $ 66.020.00 $ 759,500.00 $ 759,500.00 $ 0.00 $ 5,129,685.00 $ 243,300.00 $ 5,372,985.00 $ 1,180,865.00 $ 880,253.00 $ 16.020.00 $ 2,077,138.00 $ 3,295,847.00 $ 4,361.00 $ 500.00 $ 4,861.00 $ 1,750.00 $ 3,111.00 Section 2: That this ordinance was proposed, considered and adopted under the provisions of Chapter 166 and 200.065 Florida Statues. Section 3: The Finance Department shall furnish a certified copy of this Ordinance upon second reading and final adoption to the Okeechobee County Property Appraiser, the Okeechobee County Tax Collector, and the Florida Department of Revenue as required by law. Ordinance No. 1143 Page 2 of 3 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 6: This ordinance shall be effective October 1, 2016. INTRODUCED for First Reading and Public Hearing on the 6th day of September, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing on the 20th day of September, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No. 1143 Page 3 of 3 -.' City of Okeechobee 1Jls�r�bu�°d �� �xhrb�� To: Mayor & City Council From: Marcos Montes De Oca, City Administrator India Riedel, Finance Director RE: 2017 FY Budget Hearing Date: Sept. 61", 2016 The use of 96% taxable values and the millage rate of 7.4932 will generate $73,808 less revenue than last year's budget of $1,868,924. With other amended revenue categories, the total decrease excluding reserves is less than 1 %, as compared to the increase in expenditures in the amount of 1.37%. • General Fund Revenues (Excl Ad Valorem), increased by 1.48% • General Fund Expenditures, increased by 1.37% Items included in budget ➢ Millage rate of 7,4932 implemented within General Fund ➢ Added a Dispatcher position ➢ Added Part Time Administrative Position, Public Works ➢ Continued the Step Plan for full and part time employees ➢ Absorbed the $66,000 increase employee Health Ins. Benefit ➢ Interim Police Chief salary increase ➢ Annexation Study ➢ Continued specific support for o Shared Services Council o Okeechobee Chamber of Commerce (Economic Dev.) Specific Projects ➢ Cont'd FDEP — TMDL Grants/project for Taylor Creek ➢ Asphalt overlay/replacement project ➢ Cont'd sidewalk project ➢ Replacement of Citywide phone system ➢ Admin office remodel w/furniture ➢ PW Barn additional improvements, telephone upgrade, computer Other significant budgeted capital items ➢ Replacement of 1st out Fire Engine with equipment ➢ Added Grant Administrative Services ➢ Replacement police Vehicle program (13 w/equipment) ➢ Street sweeper ➢ Replacement of/z t. Pickup Truck ➢ Add'1 handheld emergency radios ➢ Bunker Gear rotation and replacement w/bottles Operating and personnel costs are continually reviewed to provide good service at the least cost. The City continues to effectively manage the dollars available to provide basic services and to improve those services. 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(a 4: �; C cu m + CD ca N � W i m(6 co (B a } } } cnN a m L L O L co N O� W .O^^L .^^O /N�/06 O C C C C C O O O O O _P �1--• �--� �--. 4-1 O O O O O O \fir► City of Okeechobee 2016 / 2017 Budget Workshop Current Per Capita Florida Personal Income factor, 1.0375% Proposed Budget Impact D1sk1b1z1(d Q11— Xhrbl7L# g Option #1: COLA of 1 % Salaries $ 25,777 Fica 7.65% $ 1,972 WC cost $ 155 Totals $ 27,904 Option #2: COLA of 1.5% Salaries " $ Fica 7.65% $ WC cost $ Totals $ 38,665 2,958 232 41,855 Option #3: COLA of 2% Salaries '" $ 51,554 $ 3,944 WC cost $ 309 Totals $ 55,807 Part-time Step Plan with COLA Option #1: COLA @ 1.% $ 1,560 Option #2 COLA @ 1.5% $ 2,310 Option #3 COLA @ 2% $ 4,680 G:\INDIA\BUDGET\2017 Budget\Workshop\2017\New folder\Salary Options cost.xlsx %NW `ftw ,%W NOW of Okeechobee - PROPOSED 2016/2017 BUDGET GENERAL FUND RECAPITULATION - REVENUE AND EXPENSES PY Rate less 1/2 mil E I Option 1 PY rate less 1/2 mil Exh iblk # 8 2014/2015 2015/2016 2015/2016 2016/2017 ACTUALS AMENDED ESTIMATES PROPOSED F/Y Beginning Fund Balance 1 $ 3,744,185 $ 3,744,185 $ 3,971,869 $ 3,791,160 Roll forward from previous year $ 180,709 $ 3,971,869 REVENUES 96% AD VALOREM 7.4932 $ 1,783,987 $ 1,868,924 $ 1,866,614 $ 1,795,116 OTHER FEES $ 747,532 $ 681,363 $ 697,236 $ 682,600 INTERGOVERNMENTAL $ 1,466,547 $ 1,382,941 $ 1,506,209 $ 1,431,235 CHARGES FOR SERVICES $ 1,017,009 $ 941,698 $ 994,153 $ 969,145 FINES, FORFEITURES & PE $ 24,616 $ 15,695 $ 15,755 $ 14,770 USES OF MONEY & PROPE $ 10,924 $ 1,000 $ 800 $ 1,000 OTHER REVENUES $ 204,662 $ 68,137 $ 108,306 $ 37,946 $ 5,255,277 $ 4,959,758 $ 5,189,073 $ 4,931,812 TRANSFERS - IN Public Facilities Fund Transfe $ 398,000 $ 398,000 $ 350,000 $ 350,000 CDBG $ - $ - $ - $ - Capital Proj /Im rovement Fun $ - $ 899,441 $ 335,396 $ 880,253 $ 707 $ - $ - TOTAL REVENUES $ 5,653,984 $ 6,257,199 $ 5,874,469 $ 6,342,774 EXPENDITURES LEGISLATIVE $ 146,4g9 $ 147,284 $ 142,496 $ 183,099 EXECUTIVE $ 185,716 $ 189,283 $ 184,053 $ 193,273 CITY CLERK $ 201,501 $ 234,441 $ 218,756 $ 214,426 FINANCIAL SERVICES $ 222,756 $ 307,369 $ 297,728 $ 296,763 LEGAL COUNCIL $ 55,437 $ 75,697 $ 53,844 $ 74,605 GENERAL SERVICES $ 338,764 $ 386,799 $ 337,737 $ 367,031 LAW ENFORCEMENT $ 1,944,140 $ 2,203,767 $ 2,142,952 $ 2,221,878 FIRE PROTECTION $ 1,300,237 $ 1,483,873 $ 1,382,686 $ 1,559,204 ROAD & STREET FACILITI $ 1,031,340 $ 1,181,711 $ 1,114,217 $ 1,232,495 TOTAL GEN. OPER. EXPENDITURES $ 5,426,300 $ 6,210,224 1 $ 5,874,469 $ 6,342,774 FISCAL YEAR ENDING FUND BALANCE 1 $ 3,971,869 1 $ 3,791,160 1 $ 3,971,869 1 $ 3,791,160 First Pubilc Hearing, Sept. 6th, 2016 '%W ` ftw City of Okeechobee PROPOSED 2016/2017 BUDGET Option #3 PY rate plus 1/4 mil GENERAL FUND RECAPITULATION - REVENUE AND EXPENSES 2014/2015 2015/2016 2015/2016 2016/2017 ACTUALS AMENDED ESTIMATES PROPOSED F/Y Beginning Fund Balance $ 3,744,185 $ 3,744,185 $ 3,971,869 $ 3,791,160 Roll forward from previous year $ 180,709 $ 3,971,869 REVENUES 96% AD VALOREM 8.2432 $ 1,783,987 $ 1,868,924 $ 1,866,614 $ 1,855,007 OTHER FEES $ 747,532 $ 681,363 $ 697,236 $ 682,600 INTERGOVERNMENTAL $ 1,466,547 $ 1,382,941 $ 1,506,209 $ 1,431,235 CHARGES FOR SERVICES $ 1,017,009 $ 941,698 $ 994,153 $ 969,145 FINES, FORFEITURES & PE $ 24,616 $ 15,695 $ 15,755 $ 14,770 USES OF MONEY & PROPE $ 10,924 $ 1,000 $ 800 $ 1,000 OTHER REVENUES $ 204,662 $ 68,137 $ 108,306 $ 37,946 $ 5,255,277 $ 4,959,758 $ 5,189,073 $ 4,991,703 TRANSFERS - IN Public Facilities Fund (Transfe $ 398,000 $ 398,000 $ 350,000 $ 350,000 CDBG $ - $ - $ - $ - Capital Pro' /Im rovement Fun $ - $ 899,441 $ 335,396 $ 700,571 $ 707 $ - $ - TOTAL REVENUES $ 5,653,984 $ 6,257,199 $ 5,874,469 $ 6,342,774 EXPENDITURES LEGISLATIVE $ 146,409 $ 147,284 $ 142,496 $ 183,099 EXECUTIVE $ 185,716 $ 189,283 $ 184,053 $ 193,273 CITY CLERK $ 201,501 $ 234,441 $ 218,756 $ 214,426 FINANCIAL SERVICES $ 222,756 $ 307,369 $ 297,728 $ 296,763 LEGAL COUNCIL $ 55,437 $ 75,697 $ 53,844 $ 74,605 GENERAL SERVICES $ 338,764 $ 386,799 $ 337,737 $ 367,031 LAW ENFORCEMENT $ 1,944,140 $ 2,203,767 $ 2,142,952 $ 2,221,878 FIRE PROTECTION $ 1,300,237 $ 1,483,873 $ 1,382,686 $ 1,559,204 ROAD & STREET FACILITI $ 1,031,340 $ 1,181,711 $ 1,114,217 $ 1,232,495 TOTAL GEN. OPER. EXPENDITURES 1 $ 5,426,300 $ 61210,224 $ 5,874,469 $ 6,342,774 FISCAL YEAR ENDING FUND BALANCE $ 3,971,869 $ 3,791,160 $ 3,971,869 $ 3,791,160 First Pubilc Hearing, Sept. 6th, 2016 `.r ... City of Okeechobee PROPOSED 2016/2017 BUDGET GENERAL FUND RECAPITULATION - REVENUE AND EXPENSES Option #4 PY rate plus 1/2 mil 2014/2015 2015/2016 2015/2016 2016/2017 ACTUALS AMENDED ESTIMATES PROPOSED F/Y Beginning Fund Balance $ 3,744,185 $ 3,744,185 $ 3,971,869 $ 3,791,160 Roll forward from previous year $ 180,709 $ 3,971,869 REVENUES 96% AD VALOREM 8.4932 $ 1,783,987 $ 1,868,924 $ 1,866,614 $ 2,034,682 OTHER FEES $ 747,532 $ 681,363 $ 697,236 $ 682,600 INTERGOVERNMENTAL $ 1,466,547 $ 1,382,941 $ 1,506,209 $ 1,431,235 CHARGES FOR SERVICES $ 1,017,009 $ 941,698 $ 994,153 $ 969,145 FINES, FORFEITURES & PE $ 24,616 $ 15,695 $ 15,755 $ 14,770 USES OF MONEY & PROPE $ 10,924 $ 1,000 $ 800 $ 1,000 OTHER REVENUES $ 204,662 $ 68,137 $ 108,306 $ 37,946 $ 5,255,277 $ 4,959,758 $ 5,189,073 $ 5,171,378 TRANSFERS - IN Public Facilities Fund Transfe $ 398,000 $ 398,000 $ 350,000 $ 350,000 CDBG $ - $ - $ - $ - Capital Pro' /Im rovement Fun $ - $ 899,441 $ 335,396 $ 640,687 $ 707 $ - $ - TOTAL REVENUES $ 5,653,984 1 $ 6,257,199 $ 5,874,469 $ 6,342,774 EXPENDITURES LEGISLATIVE $ 146,409 $ 147,284 $ 142,496 $ 183,099 EXECUTIVE $ 185,716 $ 189,283 $ 184,053 $ 193,273 CITY CLERK $ 201,501 $ 234,441 $ 218,756 $ 214,426 FINANCIAL SERVICES $ 222,756 $ 307,369 $ 297,728 $ 296,763 LEGAL COUNCIL $ 55,437 $ 75,697 $ 53,844 $ 74,605 GENERAL SERVICES $ 338,764 $ 386,799 $ 337,737 $ 367,031 LAW ENFORCEMENT $ 1,944,140 $ 2,203,767 $ 2,142,952 $ 2,221,878 FIRE PROTECTION $ 1,300,237 $ 1,483,873 $ 1,382,686 $ 1,559,204 ROAD & STREET FACILITI $ 1,031,340 $ 1,181,711 $ 1,114,217 $ 1,232,495 TOTAL GEN. OPER. EXPENDITURES 1 $ 5,426,300 $ 6,210,224 $ 5,874,469 $ 6,342,774 FISCAL YEAR ENDING FUND BALANCE 1 $ 3,971,869 1 $ 3,791,160 1 $ 3,971,869 1 $ 3,791,160 First Pubilc Hearing, Sept. 6th, 2016 4w ►'M City of Okeechobee PROPOSED 2016/2017 BUDGET GENERAL FUND RECAPITULATION - REVENUE AND EXPENSES Option #5 PY plus 1 mil (Adv. Rate) 2014/2015 2015/2016 2015/2016 2016/2017 ACTUALS AMENDED ESTIMATES PROPOSED F/Y Beginning Fund Balance $ 3,744,185 $ 3,744,185 $ 3,971,869 $ 3,791,160 Roll forward from previous year $ 180,709 $ 3,971,869 REVENUES 96%AD VALOREM 8.9932 $ 1,783,987 $ 1,868,924 $ 1,866,614 $ 2,154,375 OTHER FEES $ 747,532 $ 681,363 $ 697,236 $ 682,600 INTERGOVERNMENTAL $ 1,466,547 $ 1,382,941 $ 1,506,209 $ 1,431,235 CHARGES FOR SERVICES $ 1,017,009 $ 941,698 $ 994,153 $ 969,145 FINES, FORFEITURES & PE $ 24,616 $ 15,695 $ 15,755 $ 14,770 USES OF MONEY & PROPET $ 10,924 $ 1,000 $ 800 $ 1,000 OTHER REVENUES $ 204,662 $ 68,137 $ 108,306 $ 37,946 $ 5,255,277 $ 4,959,758 $ 5,189,073 $ 5,291,071 TRANSFERS - IN Public Facilities Fund (Transfe $ 398,000 $ 398,000 $ 350,000 $ 350,000 CDBG $ - $ - $ - $ - Capital Pro' /Im rovement Fun $ - $ 899,441 $ 335,396 $ 520,994 $ 707 $ - $ - TOTAL REVENUES $ 5,653,984 $ 6,257,199 $ 5,874,469 $ 6,342,774 EXPENDITURES LEGISLATIVE $ 146,409 $ 147,284 $ 142,496 $ 183,099 EXECUTIVE $ 185,716 $ 189,283 $ 184,053 $ 193,273 CITY CLERK $ 201,501 $ 234,441 $ 218,756 $ 214,426 FINANCIAL SERVICES $ 222,756 $ 307,369 $ 297,728 $ 296,763 LEGAL COUNCIL $ 55,437 $ 75,697 $ 53,844 $ 74,605 GENERAL SERVICES $ 338,764 $ 386,799 $ 337,737 $ 367,031 LAW ENFORCEMENT $ 1,944,140 $ 2,203,767 $ 2,142,952 $ 2,221,878 FIRE PROTECTION $ 1,300,237 $ 1,483,873 $ 1,382,686 $ 1,559,204 ROAD & STREET FACILITI $ 1,031,340 $ 1,181,711 $ 1,114,217 $ 1,232,495 TOTAL GEN. OPER. EXPENDITURES 1 $ 5,426,300 1 $ 6,210,224 1 $ 5,874,469 $ 6,342,774 FISCAL YEAR ENDING FUND BALANCE $ 3,971,869 $ 3,791,160 $ 3,971,869 $ 3,791,160 First Pubilc Hearing, Sept. 6th, 2016 City of Okeechobee -` PROPOSED �- 2016/2017 BUDGET GENERAL FUND RECAPITULATION - REVENUE AND EXPENSES 2014/2015 2015/2016 2015/2016 2016/2017 ACTUALS AMENDED ESTIMATES PROPOSED FUND BALANCE $ 3,744,185 $ 3,74T185 $ 3,744,185 $ 3,791,160 Roll Forward from previous year S 180,709 $ 3,971,869 REVENUES TAXES: 311-1000 97%ADVALOREIM�a?7.4932 $ 1,783.987 $ 1,868,924 $ 1,866,614 $1,795,116 TOTAL S 1,783,987 S 1,868,924 $ 1,866,614 S 1,795,116 OTHER FEES: 312-5200 314-1000 314-4000 314-8000 316-0000 319-0000 Fire Insurance Premium $ 52,662 $ 50,100 $ 50,100 $ 50,100 Casualty Insurance Prem Tax (Police) $ 70,807 $ 68,100 $ 67,000 $ 67,000 UtilityTax-Electric $ 486,181 $ 439,810 $ 452,000 $ 450,000 Utility Tax/Natural Gas $ 22,538 $ 17,678 $ 17,800 $ 17,500 Utility Tax/Propane $ 35,724 $ 33,721 $ 33,000 $ 30200 Prof & Business Tax Receipt $ 74,812 $ 67,554 $ 72,000 $ 66,800 Public Service Fee $ 4,808 $ 4,400 $ 5,336 $ 1,000 TOTA1, S 747,532 S 681,363 S 697,236 S 682,600 INTERGOVERNMENTAL REVENUES: 335-1210 335-1400 335-1500 335-1800 312-6000 315.0000 335-2300 338-2000 SRS Cigarette Tax $ 207,687 $ 192,763 $ 192,763 $ 197,479 Mobile I lome Licenses $ 26,254 $ 21,020 $ 19,590 $ 19,500 Alcoholic Beverage Licenses $ 5,822 $ 5,200 $ 5,400 $ 5,200 1/2 Cent Sales Tax $ 323,816 $ 318,770 $ 342,700 $ 322,800 1 Cent Sales Surtax $ 664,737 $ 622,588 $ 708,900 $ 656,154 Communications Service Tax $ 228,568 $ 216,300 $ 230,767 $ 223,913 Firefighters Supplement $ 600 $ 1,200 $ 2,000 $ 1,200 Countv Business Licenses $ 9,063 $ 5,100 $ 4,089 $ 4,989 TOTAL $ 1,466,547 S 1,382,941 S 1,506,209 S 1,431,235 CHARGES FOR CURRENT SERVICES 322-0000 322-1000 323-1000 323-4000 323-7000 329-0000 341-2000 341-3000 341-4000 343-4010 Building & Inspections Fees $ 103,387 $ 90,170 $ 79,000 Exception & Zoning Fees $ 1,500 $ 2,333 $ 1,713 $ 500 Franchise-Llectric $ 4 11 ,298 $ 375,422 $ 405,000 $ 401,000 Franchise -Natural Gas $ 2,352 $ 7,095 $ 8,020 $ 7,095 Franchise -Solid Waste $ 113,952 $ 103,450 $ 107,450 $ 103,700 Plan Review Fees $ - $ 4,515 $ 300 $ 1,500 Alley/Street Closing Fees $ $ 500 $ - $ 500 Map Sales $ $ 25 $ $ 25 Photocopies $ $ 25 $ $ 25 Solid Waste Collection Fees-Resd. $ 384,520 $ 365,433 $ 381.500 $ 375,800 TO'1'AI I S 1,017,009 S 858,798 S 994,153 S 969,145 First Public Hearing, Sept 6th, 2016 1 of 27 IM 03 City of Okeechobee PROPOSED GEC./;p4g BUDGET RECAPITULATION - REVENUE AND EXPENSES FINES, FORFEITURES & PENALTIES: 351-1000 351-2000 351-3000 351-4000 351-5000 354-1000 2014/2015 1 2015/2016 1 2015/2016 1 2016/2017 ACTUALS I AMENDED JESTIMATE PROPOSED Court Fines $ 12,798 $ 8,674 $ 8,734 $ 8,425 Radio Comm. Fee $ 4,761 $ 4,562 $ 4,562 $ 4,020 Law Enforcement Education $ 1,498 $ 1,384 $ 1,384 $ 1,250 Investigation Cost Reimbursement $ 3,218 $ 925 $ 925 1 $ 925 Unclaimed Evidence $ - $ _ $ _ $ _ Ordinance Violation Fines $ 2,341 $ 150 $ 150 $ 150 TOTAL $ 24,616 S 15,695 $ 15,755 $ 14,770 USES OF MONEY & PROPERTY: 361-1000 361.3000 364-1000 334-3000 343-9000 343-9100 343-9200 366-1000 369-1000 369-4000 369-5000 383-0000 Interest Earnings $ (95) $ 1,000 $ 800 $ 1,000 Investment Earnings $ 10,164 $ - $ - $ _ Surplus City Property $ 855 $ - $ - $ - TOTAL S 10,924 $ 1,000 S 800 $ 1,000 REVENUES: Public Safety Grant $ 48,219 $ 1,791 $ 21884 $ Special Purpose Grant $ - $ - $ 45,335 $ - DOT Hwy Maint.Landscape/Mowing $ 8,632 $ 8,532 $ 8,532 $ 8,532 DOT Master Traffic Signals Maint. $ 9,713 $ 15,064 $ 9,413 $ 15,064 DOT Maim. Lights & Lights Contract $ 57,506 $ 28,953 $ 28,953 $ - Other Revenues $ 67,257 $ 5,440 $ 3,456 $ 10,000 Miscellaneous $ 7,410 $ 2,386 $ 4,502 $ 2,000 Code Enforcement Fine $ 2,463 $ 3,200 $ 3,000 $ 500 Police Accident Reports $ 3,462 $ 2,771 $ 2,231 $ 1,850 Capital Lease Proceeds $ - $ $ _ $ _ TOTAL $ 204,662 $ 68,137 1 $ 108,306 $ 37,946 OTHER REVENUES AND TRANSFER IN 381-1000 Impact Fee Transfer in $ 707 $ - $ - $ Capital Project Improvements (Transfer -In) 0 $ 477,414 $ 382,371 $ Q_ 494- CDBG Fund (Transfer -In) Public Facilities Improvement (Transfer -In) $ 398,000 $ 350,000 $ 350,000 $ 350,000 TOTAL $ 398,707 $ 827,414 $ 732,371 3327�599 TOTAL REVENUE & OTHER FUNDING SOURCES $ 5,653,984 $ 5,787,172 $ 5,921,444 (;olW,77`4 OPERATING TRANSFERS - OUT Due From CDBG $ - $ - $ - $ Capital Project Building & Improvements Capital Project Vehicles TRANSFERS OUT bd' First Public Hearing, Sept 6th, 2016 2 of 27 14W City of Okeechobee PROPOSED 2016/2017 BUDGET r. Option #2 Prior Year (PY) rate _-J GENERALFUND RECAPITULATION - REVENUE AND EXPENSES 2014/2015 2015/2616 2015/2016 2f116/2017 ACTUALS AMENDED ESTIMATES PROPOSED F/Y Beginning Fund Balance $ 3,744,185 $ 3,744,185 $ 3,971,869 $ 3,791,160 Roll forward from previous year $ 180,709 $ 3,971,869 REVENUES 96% AD VALOREM 7.9932 $ 1,783,987 $ 1,868,924 $ 1,866,614 $ 1,914,819 OTHER FEES $ 747,532 $ 681,363 $ 697,236 $ 682,600 INTERGOVERNMENTAL $ 1,466,547 $ 1,382,941 $ 1,506,209 $ 1,431,235 CHARGES FOR SERVICES $ 1,017,009 $ 941,698 $ 994,153 $ 969,145 FINES, FORFEITURES & PE $ 24,616 $ 15,695 $ 15,755 $ 14,770 USES OF MONEY & PROPEI $ 10,924 $ 1,000 $ 800 $ 1,000 OTHER REVENUES $ 204,662 $ 68,137 $ 108,306 $ 37,946 $ 5,255,277 $ 4,959,758 $ 5,189,073 $ 5,051,515 TRANSFERS - IN Public Facilities Fund Transfe $ 398,000 $ 398,000 $ 350,000 $ 350,000 CDBG $ - $ - $ - $ - Capital Pro' /Im rovement Fun $ - $ 899,441 $ 335,396 $ 760,550 $ 707 $ - $ - TOTAL REVENUES $ 5,653,984 $ 6,257,199 $ 5,874,469 1 $ 6,342,774 EXPENDITURES LEGISLATIVE $ 146,409 $ 147,284 $ 142,496 $ 183,099 EXECUTIVE $ 185,716 $ 189,283 $ 184,053 $ 193,273 CITY CLERK $ 201,501 $ 234,441 $ 218,756 $ 214,426 FINANCIAL SERVICES $ 222,756 $ 307,369 $ 297,728 $ 296,763 LEGAL COUNCIL $ 55,437 $ 75,697 $ 53,844 $ 74,605 GENERAL SERVICES $ 338,764 $ 386,799 $ 337,737 $ 367,031 LAW ENFORCEMENT $ 1,944,140 $ 2,203,767 $ 2,142,952 $ 2,221,878 FIRE PROTECTION $ 1,300,237 $ 1,483,873 $ 1,382,686 $ 1,559,204 ROAD & STREET FACILITI $ 1,031,340 $ 1,181,711 $ 1,114,217 $ 1,232,495 TOTAL GEN. OPER. EXPENDITURES $ 5,426,300 1 $ 6,210,224 $ 5,874,469 $ 6,342,774 FISCAL YEAR ENDING FUND BALANCE 1 $ 3,971,869 1 $ 3,791,160 1 $ 3,971,869 1 $ 3,791,160 First Pubilc Hearing, Sept. 6th, 2016 FA City of Okeechobee PROPOSED 2016/2017 BUDGET General Fund - 001 DEPARTMENT: LEGISLATIVE (0511) 2014/2015 ACTUALS 2015/2016 AMENDED 2015/2016 ESTIMATED 2016/2017 PROPOSED DIFFERNCL 1100 EXECIITIVESALARIES $ 36,100 $ 46,100 $ 46,100 $ 46,100 $ - 1510 LONGEVITY/SERVICF.INCEN'FIVF, $ - $ - $ - $ - $ - 2100 FICA $ 2,401 $ 3,255 $ 3,100 $ 3,756 $ 501 2200 RETIREMENT $ 3,124 $ 3,650 $ 3,650 $ 3,510 $ (140) 2300 LIFE AND HEALTH INSURANCE $ 25,960 $ 17,784 $ 17,456 $ 40,057 $ 22,273 2400 WORKERS COMPFNSATION $ 200 $ 225 $ 190 $ 227 $ 2 TOTAL PERSONNEL COSTS: S 67,785 S 71,014 S 70,496 S 93,650 $ 22,636 First Public Hearing, Sept 6th, 2016 3 of 27 z°m= City of Okeechobee PROPOSED 2016/2017 BUDGET General Fund - 001 DEPARTMENT: LEGISLATIVE (0511) OPERATIONS & SUPPLIES 2014/2015 2015/2016 2015/2016 2016/2017 ACTUALS AMENDED ESTIMATES PROPOSED DIFFERENCE 3400 OTHER CONTRACT SERVICES $ 16,000 $ 18.000 $ 1 U)00 $ 58,000 $ 40,000 4000 TRAVEL AND PER DIEM $ 1,566 $ 2,000 S 1,200 $ 2,000 $ 4100 COMM & FREIGHT $ 1,305 S 3.200 $ 2.800 $ 3,200 $ - 4500 INSURANCE $ 2,836 $ 3,030 $ 2,580 $ 3,209 $ 179 4609 RFiPAIR & MAINTENANCE $ - $ 400 $ 480 $ 400 $ 4901 EDUCATION $ 565 $ 1,500 $ 1,420 $ 1,500 $ 4909 MISCELLANEOUS $ 795 $ 1,000 $ 750 $ 1,000 $ 5400 BOOKS, PUBLICATIONS, ETC $ 955 $ 1200 $ 830 $ 1,200 $ 8100 SHARED SERVICES $ 8,937 $ 8 940 $ 8,940 $ 8,940 $ 8200 AID TO PRIVATE ORGANIZATIONS $ - $ - $ - $ _ $ 8201 INTERLOCAL PART k,/IRSC $ - $ - $ - $ _ $ 8202 LOCAL COMMUNITY REQUEST $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 574-8300 TOURISM/ECO DEV/CENTENNIAL $ 35,665 $ 27,000 $ 25,000 $ - $ (27,000) TOTAL SUPPLIES AND OTHER SERVICES S 78,624 S 76,270 S 72,000 S 89,449 $ 13,179 GRAND TOTAL FOR DEPARTMENT S 146,409 S 147,284 $ 142,496 S 183,099 1 S 35,815 2300 Health Insurance & Benefit Cost adjustment 2200 Amended Pension contribution to 10% 3400 Adding Annexation study, $40,000 2400& 4500 Adjustment of Property/Casualty & WC Insurance Premiums 8200 Shared Services Council, $8940 8202 Economic Development (Chamber), $10,000, First Public Hearing, Sept 6th, 2016 4 of 27 o OArefcy,.,, ,o ,SAT✓ General Fund - 001 City of Okeechobee PROPOSED 2016/2017 BUDGET DEPARTMENT: EXECUTIVE (0512) PERSONNEL COST: 2014/2015 ACTUALS 1 2015/2016 AMENDED 2015/2016 ESTIMATES 2016/2017 PROPOSED DIFFERFNCF 1100 EXF.CU"fIVF, SALARIES $ I01,415 $ 80,525 $ 80,525 $ 91,628 $ 1,103 1200 RFGULAR SALARIES $ 37,464 $ 42,179 $ 42,179 $ 43,008 $ 829 1510 LONGEVITY/SERVICE INCFN"fIVF $ 475 $ - $ _ $ _ $ _ 2100 FICA $ 9,186 $ 9,504 S 9,486 $ 9,664 $ 160 2200 RETIREMENT $ 12,310 $ 15,905 $ 15,905 $ 12,700 $ (3,205) 2300 LIFF. AND HF.ALTII INSURANCE $ 13,763 $ 17,654 $ 16,811 $ 18,780 $ 1,126 2400 WORKERS COMPF;NSATION $ 600 $ 652 $ 589 $ 720 $ 68 TOTAL PERSONNEL, COSTS: S 175,213 S 166,419 S 165,495 $ 166,500 First Public Hearing, Sept 6th, 2016 5 of 27 >�City of Okeechobee m3 PROPOSED �9 2016/2017 BUDGET General Fund - 001 DEPARTMENT: EXECUTIVE (0512) SUPPLIES & OTHER SERVICES 2014/2015 AC -II ALS 2015/2016 AMENDED 2015/2016 ESTIMATES 2016/2017 PROPOSED DIFFERFNCF 4000 TRAWL AND PER DIEM $ 10 $ 3,250 $ 3200 $ 4,000 $ 750 4100 COMM & FRF,IGII"f $ 2,648 $ 4,005 $ 4,000 $ 4,005 $ - 4400 RENTALS & LEASFS $ 1,770 $ 2,104 $ 1,877 $ 3,900 $ 1 796 4500 INSURANCE $ 3,239 $ 3,460 $ 2,932 $ 3,668 $ 208 4600 R&M VF.FIICLFS $ 70 $ 1,000 $ 700 $ 1,550 $ 550 4609 R&M EQIIIPMEN'l $ 584 $ 1,405 $ 1,254 $ 1,400 $ (5) 4901 EDUCATION $ - $ 600 $ 1,001 $ 1,750 $ 1,150 4909 MISCELLANEOUS S 113 $ 500 $ 355 $ 500 $ - 5100 OFFICE SUPPLIES $ 211 $ 800 $ 422 $ 800 $ - 5200 OPERATING SUPPLY $ 356 $ 1,200 $ 200 $ 1,200 $ - 5201 FUEL AND OIL $ 474 $ 2,340 $ 1,670 $ 3,000 $ 660 5400 BOOKS, PUBLICATIONS, ETC $ 1,028 $ 2,200 $ 947 $ 1,000 $ (1 200) 6400 EQUIPMENT ($750 OR MORE) $ $ $ _ $ - $ - TOTAL SUPPLIES AND OTHER SERVICES $ 10,503 1 S 22,864 1 S 18,558 S 26,773 $ 3-909 GRAND -i'O"CAL FOR DEPARTMENT S 185,716 1 $ 189,283 1 S 184,053 S 193,273 $ 3.990 2300 Health Insurance & Benefit cost adjustment 2200 Amended Pension contribution to 10% 4400 Upgrade of Copier for Admin. 4000 Increase based on added Eng. Conf, Legislative for city 2400& 4500 Adjustment of Property/Casualty & WC Insurance Premiums 4901 Increase based on conference registration and education tuition 5201 Fuel 900 gal D $3.25 First Public Hearing, Sept 6th, 2016 6 of 27 City of Okeechobee PROPOSED 2016/2017 BUDGET General Fund - 001 DEPARTMENT: CLERK OFFICE (2512) PERSONNEL COST 2014/2015 ACTUALS 2015/2016 AMENDED 2015/2016 ESTIMATES 2016/2017 PROPOSED DIFFERENCE 1100 EXECUTIVE SALARIES $ 57,341 $ 60,306 $ 60,306 $ 61,750 $ 1,444 1200 REGULAR SALARIES $ 35,735 $ 46,582 $ 43,903 $ 32,460 $ (14,122) 1300 OTHER SALARIES $ 18,465 $ 27,885 $ 26,200 $ 14,976 $ (12,909) 1510 LONGEVITY/SERVICE INCEN'HVE $ - $ $ _ $ $ 2100 FICA $ 8,449 $ 10,540 $ 9,876 $ 8,820 $ (1,720) 2200 RETIREMENT $ 12,088 $ 13,800 $ 11,948 $ 9,525 $ (4,275) 2300 LIFE AND HEAI.TH INSURANCE $ 15,021 $ 17,578 $ 16,730 $ 18,582 $ 1,004 2400 WORKERS COMPENSATION $ 510 $ 560 $ 315 $ 612 $ 52 TOTAL PERSONNEL, COSTS: S 147,609 1 S 177,251 S 169,278 S 146,725 $ (30,526) First Public Hearing, Sept 6th, 2016 7 of 27 t.1y;pF'OKFfCt1'. General Fund - 001 City of Okeechobee PROPOSED 2016/2017 BUDGET DEPARTMENT: CLERK OFFICE (2512) SUPPLIES & OTHER SERVICES 2014/2015 2015/2016 2015/2016 2016/2017 ACFt1ALS AMENDED ESTIMATES PROPOSED DIFFF.RF:NC: 3103 MUNICIPAL CODE $ 3,615 $ 4,500 $ 4,500 $ 4,500 $ 3400 OTHER CONTRACTUAL SERVICES $ 8,800 $ 9,000 $ 9,000 $ 9,000 $ 4000 TRAVEL AND PER DIEM $ 1,435 $ 3,000 $ 650 $ 3.000 $ - 4100 COMM_ & FREIGHT $ 2,232 $ 2•300 $ 2,262 $ 2,300 $ - 4500 INSURANCE $ 4,855 $ 5,190 $ 4A55 $ 5,501 $ 311 4609 R&M EQUIPMENT $ 6,432 $ 7,100 $ 6,000 $ 7,100 $ - 4900 ADVERTISING/OTHER CHARGES $ 19,186 $ 15,000 $ 15.000 $ 25,000 $ 10,000 4901 EDUCATION $ 600 $ 1,100 $ 728 $ 1,100 $ 4909 MISCELLANEOUS/ELECTION $ 3,348 $ 6,000 $ 3,563 $ 6,000 $ 5100 OFFICE. SUPPLIES $ 1,461 $ 2,000 $ 1,709 $ 2,000 $ - 5400 BOORS, PUBLICATIONS, FTC $ 1,928 $ 1000 $ 1,611 $ 2,200 $ 200 6400 EQUIPMENT ($750 OR MORE) $ - $ - $ _ $ - $ _ TOTAL SUPPLIES AND OTHER SERVICES S 53,892 S 57,191) 1 $ 49,478 S 67,701 $ 10,511 GRAND TOTAL FOR DEPARTNIENT $ 201,501 $ 234A41 $ 218,756 $ 214,426 $ (20,015) 1300 Removal of Part time hours (Centennial ) 2200 Amended Pension contribution to 10% 2300 Health Insurance & Benefit cost adjustment 2400& 4500 Adjustment of Property/Casualty & WC Insurance Premiums 4900 Line item was increased based on additional meetings/advertisements, incl LDRs, etc -9% First Public Hearing, Sept 6th, 2016 8 of 27 City of Okeechobee PROPOSED 2016/2017 BUDGET General Fund - 001 DEPARTMENT: LEGAL SERVICES (0514) SUPPLIES & OTI IF SERVICES 2014/2015 ACTUALS 2015/2016 AINIEN1)E1) 2015/2016 ESTIMATES 2016/2017 PROPOSED DIFFERENCE 2300 1 ILALTI I INSURANCE $ 7,201 $ 8,640 $ 8,050 $ 9,320 $ 680 3100 PROFESSIONAL. SERVICES $ 27,897 $ 5Q597 $ 42,000 $ 50,625 $ 28 3300 LEGAL COS "E $ 18,666 $ 12,500 $ 1,100 $ 10,500 $ (2,000) 4000 TRAVEL AND PER DIEM $ 672 $ 800 $ 800 $ 800 $ - 4100 COMM. AND FREIGHT SERVICES $ 450 $ 1,010 $ 752 $ 1,010 $ - 4609 R&M EQUIPMENT $ 245 $ 750 $ 472 $ 800 $ 50 4901 EDUCATION $ 275 $ 750 $ 670 $ 750 $ - 5100 OFFICE SUPPLIES $ 31 $ 150 $ - $ 300 $ 150 5400 MEMBERSHIP & SUBSCRIPTIONS $ - $ 500 $ - $ 5( $ TOTAL SUPPLIES AND OTHER SERVICES S 55,437 $ 75,697 S 53,844 S 74,605 1 $ (1,092) GRAND TOTAL FOR DEPARTMENT $ 55,437 1 $ 75,697 S 53,844 1 S 74,605 $ (1,092) First Public Hearing, Sept 6th, 2016 9 of 27 V•Of kFFC�t1., City of Okeechobee �-- PROPOSED 2016/2017 BUDGET General Fund - 001 DEPARTMENT: FINANCE DEPARTMENT (0513) PERSONNET COST_ 2014/2015 ACTUALS 2015/2016 AMENDED 2015/2016 ESTIMATES 2016/2017 PROPOSED DIFFERENCE 1100 EXECUTIVE SALARIES $ 54,707 $ 57,078 $ 57,078 $ 58,247 $ 1,169 1200 REGULAR SALARIES $ 64,132 $ 69,546 $ 69,546 $ 70,236 $ 690 1201 O"fHF.R SALARY $ 14,500 $ 14.500 1510 LONGEVI IY/SERVICE INCENTIVE $ - $ $ 2100 FICA $ 8,296 $ 9,880 $ 9,786 $ 11,200 $ 1.414 2200 RETIRFMFNT $ 15,623 $ 16,160 $ 16,060 $ 13,100 $ (2.960) 2300 LIFF AND HEALTH INSURANCF. $ 21,950 S 25,629 $ 25.586 $ 25,629 $ 43 2400 WORKERS COMPENSATION $ 651 $ 715 $ 685 $ 743 $ 58 2500 UNEMPLOYMENT TAXES $ - $ - $ $ - $ TOTAL PERSONNEL COSTS: $ 165,359 S 179,008 S 178,741 1 S 193,655 S 14,914 First Public Hearing, Sept 6th, 2016 10 of 27 City of Okeechobee PROPOSED 2016/2017 BUDGET General Fund - 001 I)FPARTMFNT• FINANf F 11FPARTrU ?VT inc111 SUPPLIES & OTIIER SERVICES 2014/2015 2015/2016 2015/2016 2016/2017 ACTUALS AMENDED ESTIMATE PROPOSED DIFFERENCE 3200 ACCOUNTING & AUDIT $ 28,300 $ 36,800 $ 35,200 $ 37,800 $ 1,000 3400 OTI IER CONTRACTUAL SERVICES $ - $ 50,646 $ 47,800 $ 17,400 $ (33,246) 4000 TRAVEL AND PER DIEM $ 127 $ 1,750 $ 459 $ 1,750 $ 4100 COMM_ & FREIGHT $ 2.199 $ 2,800 $ 2,203 $ 2800 $ 4500 INSURANCE $ 5,104 $ 6,060 $ 5,050 $ 6,418 $ 358 4609 R&M EQUIPMENT $ 8,402 $ 13,905 $ 13A20 $ 14,250 $ 345 4901 EDUCATION $ $ 850 $ 350 $ 850 $ - 4909 MISCELLANEOUS $ 268 $ 100 $ 20 $ 100 $ - 5100 OFFICE SUPPLIES $ 862 $ 1,200 $ 1,185 $ 1,200 $ - 5200 OPERATING SUPPLY $ 10,747 $ 14,100 $ 11120 $ 20,350 $ 6,250 5400 BOOKS, PUBLICATIONS, ETC $ 152 $ 150 $ 180 $ 190 $ 40 6400 EQUIPMF,NT($750ORMORE) $ 1,236 $ - $ $ g TOTAL SUPPLIES AND OTHER SERVICES S 57,397 S 128,361 S 118,987 S 103,108 1 $ (25,253) TOTA1,COS I S 222,756 1 S 307,369 1 S 297,728 1 S 296,763 $ (10,606) 1201 Add Part time IT personnel 2300 Flealth Insurance & Benefit Cost adjustment 2200 Amended Pension contribution to 10% 2200 2400 & 4500 Adjustment of Property/Casualty & WC Insurance Premiums 3200 Alloc. For Federal Single Audit 3400 Website build and maintence; OPEB calculation software/firm 4609 Add I Microsoft Exchange email, and Office 365 x2; software as needed 5200 Upgrade of CASA system to accommodate roll assessments(one time cost) additng 2 file cabinets, $750, -3 5(N First Public Hearing, Sept 6th, 2016 11 of 27 J`y OF O FC � 1�m4 General Fund - 001 City of Okeechobee PROPOSED 2016/2017 BUDGET DEPARTMENT: GENERAL SERVICES (0519) PERSONNEL COST: 2014/20 5 ACTUALS 2015/2016 AMENDED 2015/2016 ESTIMATES 2016/2017 PROPOSED DIFFERENCE 1200 REGULAR SALARIES $ 33,486 $ 66,934 $ 66,203 $ 67,939 $ 1,005 1300 OTHER SALARY $ 28,028 $ - $ - $ $ 1400 OVERTIME $ - $ _ $ - $ _ $ 1510 LONGEVITY/SERVICE INCENTIVE $ - $ $ - $ _ $ 2100 PICA $ 4,752 $ 5,225 $ 5,200 $ 5A00 $ 175 2200 RLFIRFMENT $ 4,470 $ 8,675 $ 8,600 $ 6,900 $ (1,775) 2300 LIFE AND HEALTH INSURANCE $ 12,830 $ 16,050 $ 16,250 $ 18,420 $ 1,770 2400 WORKERS COMPENSATION $ 478 $ 520 $ 450 $ 588 $ 68 TOTAL, PERSONNEL, COSTS: S 84,044 S 98,004 1 S 96,703 S 99,247 $ 1.243 First Public Hearing, Sept 6th, 2016 12 of 27 °kFF City of Okeechobee PROPOSED 2016/2017 BUDGET General Fund - 001 2014/2015 2015/2016 2015/2016 2016/2017 DEPARTMENT: GENERAL SERVICES (0519) SUPPLIES & OTHFR SERVICF,S 2014/2015 2015/2016 2015/2016 2016/2017 ACTUALS ANIE,NDED ESTIMATES PROPOSED DIFFERENCE; 3100 PROFESSIONAL SERVICES $ 117,275 $ 125,250 $ 111,220 $ 125,250 $ 3400 OTIIERCONTRACTUAL SERVICES $ 85,052 $ 93,896 $ 76,180 $ 75,110 $ (18,786) 4000 I'RAVEL AND PER DIEM $ 2,655 $ 4,960 $ 2,800 $ 4,960 $ - 4100 COMM_ & FREIGIff $ 2,198 $ 2,360 $ 1,250 $ 2,544 $ 184 4300 UTILI"I'lES $ 8,204 $ 10,685 $ 9,000 $ 9,600 $ (1,085) 4400 RENTALS AND LFASES $ 3,799 $ 3,787 $ 3,749 $ 3,687 $ (100) 4500 INSURANCE $ 15,961 $ 17,176 $ 14,952 $ 18,109 $ 932 4600 R&M VEIIICLES $ - $ 1,000 $ - $ 1,000 $ 1,250 4609 IR&M EQUIPMENT $ 9,120 $ 17,456 $ 14,900 $ 16,000 $ (1,456) 4901 EDt1CA'HON $ - $ 300 $ - $ 700 $ 400 4909 MISCELLANEOUS $ 101 $ 300 $ - $ 500 $ 200 5100 OFFICE SUPPLIES $ 2,477 $ 2,900 $ 1,750 $ 2,900 $ - 5200 OPERATING SUPPIN $ 1,633 $ 1,900 $ 1,283 $ 1,900 $ 5201 FUEL AND OIL $ - $ 325 $ - $ 325 $ 325 5204 POSTAGE & SUPPLIES $ 6.226 $ 6,300 $ 3,950 $ 5,000 $ (1,300) 5400 BOOKS, PUBLICATIONS, FTC $ 19 $ 200 $ - $ 200 $ 6400 EQUIPMEN"f ($750 OR MORE) $ - $ - $ - TOTAL SUPPLIES AND OTHER SERVICES S 254,720 S 288,795 S 241,034 S 267,784 $ (21,011) GRAND TOTAL FOR DEPARTMENT I S 338,764 1 S 386,799 1 S 337,737 1 S 367,031 1 $ (19,768) 2300 Health Insurance & Benefit Cost adjustment 2200 3100 Planner Cont. to work on FLUM, zoning maps,city code issues. Keeping dollars as amended 3400 Significant deer in Animal Control Services 4000 Expecting full agendas based on FLt1M/Z.oning/Text Amndmts & Economic GroAih 4400 Rental of Copier, $281 1; Postage Machine and updates 4609 Replacement fluorescent lights @ CH, Maint. & Inspection on equipment 2400 & 4500 Adjustment of Property/Casualty & WC Insurance Premiums 5100 Copier paper for all departments 5204 Reduced postage based on need 5 1 %. First Public Hearing, Sept 6th, 2016 13 of 27 •0F 0 0 General Fund - 001 City of Okeechobee PROPOSED 2016/2017 BUDGET DEPARTMENT: POLICE DEPARTMENT (0521) PERSONNEL COST 2014/2015 1 201.5/2016 2015/2016 2016/2017 ACTUALS AMENDED ESTIMATES PROPOSED DIFFERENCE 1 100 F:XECU IVF. SALARIES $ 70,213 $ 109,885 $ 109,885 $ 58,600 $ (51,285) 1200 REGULAR SALARIES $ 985,980 $ 957,675 $ 957,675 $ 977,395 $ 19,720 1201 HOLIDAY PAY $ 1,127 $ $ - $ - $ - 1202 OFFICERS HOLIDAY PAY $ 22,390 $ 26,745 $ 24,720 $ 27J46 $ 401 1300 JOTIIER SALARY $ 24,322 $ 30,750 $ 31,000 $ 34,000 $ 3,250 1400 OVERTIME $ 11,287 $ 13,998 $ 13,900 $ 7,500 $ (6,498) 1403 OFFICERS OVERTIME PAY $ 44,274 $ 69,500 $ 69,500 $ 69,500 $ 1501 AUXILIARY PAY $ 1,200 $ 1,200 $ 1,200 $ 1,200 $ 1510 LONGEVITY/SFRVICE INCENTIVE $ 750 $ - $ - $ - $ 1520 OFFICERS LONGEVI"FY/SF,RVICE $ - S 2,000 $ 2,000 $ 500 $ (1,500) 1540 CAREER EDUCATION $ 12,285 $ 13,350 $ 13,550 $ 14,250 $ 900 2100 FICA $ 75,700 $ 94,081 $ 93,367 $ 92,750 $ (1,331) 2200 RETIREMENT $ 280,388 $ 290,840 $ 286,385 $ 303,367 $ 12,527 2300 LIFE AND HEALTII INSURANCE $ 200,461 $ 225,179 $ 221,300 $ 261,678 $ 36,499 2400 WORKERS COMPENSATION $ 36,675 $ 40,125 $ 37,750 $ 44,113 $ 3,988 2500 UNEMPLOYMEN"FCOMP $ - $ - $ - $ 3,200 $ 3,200 TOTAL PERSONNEL COSTS: S 1,667,052 S 1,875,328 1 S 1,862,232 $ 1,895,199 $ 19,871 First Public Hearing, Sept 6th, 2016 14 of 27 City of Okeechobee ° PROPOSED 'raI Fund - 001 2016/2017 BUDGET DEPARTMENT: POLICE DEPARTMENT (0521) SUPPLIES & O'FHER SERVICES 2014/2015 2015/2016 2015/2016 2016/2017 ACTUALS AMENDED ESTIMATES PROPOSED DIFFERENCE 3100 PROFESSIONAL SERVICES $ 17,528 $ 20,608 $ 18,530 $ 20,608 $ 3400 OTHER CONTRACTURAL SERVICES $ 20,595 $ 33,541 $ 25,121 $ 30,728 $ (2,813) 4000 IRAVFL AND PER DIEM $ 5,985 $ 5,000 $ 2,337 $ 5,000 $ 4100 COMM & FREIGHT $ 22,575 $ 34,050 $ 31,350 $ 34,050 $ 4300 UTILITIFS $ 16,118 $ 16,275 $ 14,800 $ 16,275 $ 4400 RENTALS AND LEASES $ 3,814 $ 5,420 $ 3,767 $ 5,420 $ - 4500 INSURANCE $ 43,892 $ 46,950 $ 45,310 $ 49,708 $ 2,758 4600 R&M VFIIICLES $ 3,800 $ 10,000 $ 11,913 $ 10,000 $ - 4609 R&M EQUIPMENT $ 14,203 $ 25,670 $ 21,600 $ 23,550 $ (2,120) 4700 PRINTING $ 1,037 $ 2,000 $ 816 $ 2,000 $ 4901 EDUCATION-RFS'FRICTF,D $ 699 $ 4,500 $ 935 $ 4,500 $ 4902 EDUCATION - NON-RF.STRICTLD $ - $ 4,500 $ - $ 4,500 $ 4909 MISCELLANEOUS $ 1,392 $ 1,500 $ - $ 1J00 $ - 5100 OFFICE SUPPLIES $ 1,972 $ 5,000 $ 2,230 $ 5,000 $ 5101 DETECTIVE SUPPLIES $ 1,977 j $ 3,000 $ 2,681 $ 3,000 $ 5102 INVESTIGATION FEES $ 160 1 $ 1,800 $ 811 $ 1,800 $ - 5200 OPERATING SUPPLY $ T469 $ 1 T400 $ 15,850 $ 17,100 $ (300) 5201 FUFLAND OIL $ 42,649 $ 64,025 $ 57,670 $ 66,140 $ 2,115 5202 OPERATING SUPPLIES (TIRES) $ 5,815 $ T000 $ 7.340 $ 8,000 $ 1,000 5203 UNIFORMS/PATCHES $ 12,186 $ 15,300 $ 13,560 $ 15.300 $ - 5400 BOOKS, PUBLICATIONS, FTC $ 2-066 $ 2,500 $ 2,183 $ 2.500 $ 6400 EQUIPMENT ($750 OR MORE) $ 5,821 $ - $ - $ - $ 8300 PUBLIC SERVICE GRANT $ 45,335 $ 2,400 $ 1,916 $ $ (2,400) 8301 FDOT -Traffic Satety Grant $ - $ - $ - $ - $ TOTAL SUPPLIES AND OTHER SERVICES $ 277,088 $ 328,439 $ 280,720 $ 326,679 $ (1,760) GRAND TOTAL FOR DEPARTMENT I S 1,944,140 1 S 2,203,767 1 S 2,142,952 1 S 2,221,878 1 S 18,111 2300 Health Insurance & Benefit Cost adjustment 2200 Employer Contribution rate Incr. by 2.36 points 1201 Increase base salary for Records & Police Coordinator, by $1000 based on responsibilities 1300 Amended PT Dispatcher base pay to $12.50 1400 Decrease in Non -sworn Of based on adding FT dispatcher 4100 5 Cellular adapters Ca) $40 ea. mnth for FDOT Laptops within patrol cars 2400 & 4500 Adjustment of Property/Casualty & WC Insurance Premiums 4609 Replace 1 of the 2 A/C units in building (over 14 yrs old), $4000, 5200 Replacement of Office equipment (furniture, mats, etc.), $2000. 5201 Fst. 20350 gallons @ $3.25 5202 Increase based on need/trend 522-1402 Dispatcher Overtime was not adjusted @ $9,500 (In Fire Dept. budget) 0.8 First Public Hearing, Sept 6th, 2016 15 of 27 °KFF�y City of Okeechobee PROPOSED 2016/2017 BUDGET General Fund - 001 DEPARTMENT: FIRE DEPARTMENT (0522) PERSONNEL. COS] 2014/2015 2015/2016 2015/2016 2016/2017 ACTUALS AMENDED ESTIMATES PROPOSED DIFFLRP;NCE 1100 FXECU FIVE SALARIES $ 65,633 $ 69,247 $ 69,240 $ 70J88 $ 1,341 1200 REGULAR SALARIES $ 596,962 $ 638,806 $ 635,800 $ 671,890 $ 33,084 1201 IIOLIDAY PAY $ 19,228 $ 24,646 $ 20,600 $ 25,015 $ 369 1300 OTHER SALARY $ 26,975 $ 27,815 $ 26,800 $ 28,649 $ 834 1400 OVERTIME $ 30,930 $ 33.670 $ 24,500 $ 36,910 $ 3,240 1401 OVERTIME PAY/ANNUAL & SICK $ 48,258 $ 57,200 $ 60,700 $ 60 060 $ 2,860 1402 DISPATCI IER OVERTIME $ 3,301 $ 6,500 $ 4,000 $ 4,750 $ (1,750) 1501 VOLUNTEER PAY $ 9,833 $ 12,000 $ 11,600 $ 12,000 $ - 1510 LONGEVITY/SERVICE INCENTIVE $ - $ - $ - $ 500 $ 500 1540 CAREER EDUCATION $ 1,200 $ 2,400 $ 1,200 $ 1,200 $ (I,200) 2100 IFICA $ 59,424 $ 67,158 $ 62,500 $ 70,816 $ 3,658 2200 RETIREMENT $ 162,446 $ 172,815 $ 167-500 $ 191,700 $ 18,885 2300 LIFE AND HEALTH INSURANCE $ 100,611 $ 1 14,324 $ 1 1 1,500 $ 144,117 $ 29,793 2400 WORKERS COMPENSATION $ 33,749 $ 37,350 $ 31,800 $ 40,637 $ 3 287 2500 UNEMPLOYMENT COMPENSATION $ - $ - $ - $ _ $ - TOTAL PERSONNEL COSTS: S1,158,550 S1,263,931 S1,227,740 S1,358,832 $ 94,901 First Public Hearing, Sept 6th, 2016 16 of 27 r °r °KFFr : City of Okeechobee sW , e PROPOSED 2016/2017 BUDGET General Fund - 001 DEPARTMENT: FIRE DEPARTMENT (0522) SUPPLIES & OI IIFR SERVICES 2014/2015 2015/2016 2015/2016 2016/2017 ACTUALS AMENDED ESTIMATES PROPOSED DIFFERENCE, 3100 PROFESSIONAL SERVICES (MD) $ 7,845 $ 7,800 $ 7,200 $ 7,800 $ 3102 PROF SERV (PHYS FOR SCBA) $ - $ 3,800 $ 1,400 $ 3,800 $ - 3103 WELLNESS PROGRAM (Gym) $ 2,880 $ 3,360 $ 2,880 $ 3,600 $ 240 3400 OTI IER CONTRACTUAL SERVICES $ - $ 2,450 $ - $ 2,450 $ - 4000 TRAVEL AND PER DILM $ 3,010 $ 3,500 $ 1,650 $ 3,000 $ (500) 4100 COMM. & FREIGHT $ 11,884 $ 14,366 $ 10,126 $ 16,403 $ 2,037 4300 UTILITIES $ 10,805 $ 14,175 $ 12,800 $ 14,000 $ (175) 4400 RENTALS AND LFASFS $ 1,641 $ 2,400 $ 1,906 $ 2,400 $ - 4500 INSURANCE $ 26,890 S 28,876 $ 23,516 $ 30409 $ 1,533 4600 R&M VEHICLES $ 7,832 $ 40,000 $ 28,033 $ 22,500 $ (17,500) 4609 R&M BUILDING & EQUIPMENT $ 19,704 $ 32,000 $ 28,500 $ 29,075 $ (2,925) 4700 PRINTING $ - $ 600 $ - $ 600 $ 4901 EDUCATION $ 7,599 $ 12,000 $ 3,817 $ 11,000 $ (1,000) 4902 PUBLIC EDUCATION & FIRE PREV_ $ 842 $ 1,500 $ 355 $ 1,500 $ 4903 CODE ENFORCEMENT $ 8,556 $ 9,000 $ 5,888 $ 9,000 $ 4905 TRAINING & MATERIALS $ 2.640 $ 3,500 $ - $ 3,500 $ 4909 MISCELLANEOUS $ 71 $ 400 $ 357 $ 400 $ - 5100 OFFICE SUPPLIES $ 2,035 $ 2,200 $ 2,000 $ 2,420 $ 220 5200 OPERATING SUPPLY $ 7,683 $ 11,825 $ 7,550 $ 1 1,825 $ - 5201 FUEL AND OIL $ 6,611 $ 9,190 $ 6,736 $ 9,190 $ 5202 OPERATING SUPPLIES (TIRES) $ 2,992 $ 5,000 $ 1,815 $ 3,500 $ (1,500) 5203 UNIFORMS/PATCIIES $ 7,673 $ 8,000 $ 5,228 $ 8,000 $ 5400 BOOKS, PUBLICATIONS, FTC $ 2,494 $ 4,000 $ 3,189 $ 4,000 $ 6400 EQUIPMENT ($750 OR MORE) $ - $ - $ - $ - $ TOTAL SUPPLIES AND OTHER SERVICES: $ 141,687 $ 219,942 $ 154,946 $ 200,372 $ (19,570) GRAND TOTAL FOR DEPARTMENT $ 1,300,237 S 1,483,873 1 S 1,382,686 1 $ 1,559,204 1 $ 75,331 5.1'% 1200 Add Full time Dispatcher base salary and other benefits 1400 Incr. Of 1401 Incr. Of Budget to 2013-2014 Estimates x 1 5% 1402 Decrease Dispatcher OT based on adding FT dispatcher 2300 Health Insurance & Benefit Cost adjustment 2200 Employer Contribution rate Incr. by 3.47 points 4600 Repair & Maint of Veh (trucks & engines) 2400 & 4500 Adjustment of Property/Casualty & WC Insurance Premiums 4100 Adding Hotspot (Wi-Fi); adding 2 Radios Harris charge for access 5201 Number of gallons based on usage trend, Using $3.25 per gallon for gas; $3.75 on road diesel First Public Hearing, Sept 6th, 2016 17 of 27 City of Okeechobee k� PROPOSED 2016/2017 BUDGET General Fund - 001 DEPARTMENT: PUBLIC WORKS (0541) PERSONNEL COST 2014/2015 2015/2016 2015/2016 2016/2017 ACTUALS AMENDED ESTIMATES PROPOSED DIFFERENCE. 1100 EXECUTIVE SALARIES $ 129,410 $ 139,500 $ 139,489 $ 141,350 $ 1,850 1200 REGULAR SALARIES $ 245,645 $ 295,400 $ 272,700 $ 306,600 $ 11,200 1300 OTHER SALARIES $ 12,290 $ 22,000 $ 16,594 $ 36,000 $ 14,000 1400 OVERTIME $ 2,302 $ 2,971 $ 3,916 $ 3,500 $ 529 1510 LONGEVITY/SERVICI:INCF,NTIVE $ - $ - $ $ - $ 2100 FICA $ 27,565 $ 36,967 $ 36,967 $ 46,200 $ 9,233 2200 RETIREMENT $ 33,297 $ 55,004 $ 55,004 $ 42,350 $ (12,654) 2300 LIFF, AND HEALTH INSURANCE $ 67,139 $ 78,806 $ 75,017 $ 89,066 $ 10,260 2400 WORKERS COMPENSATION $ 26,758 $ 29,840 $ 24,773 $ 32,234 $ 2,394 2500 UNEMPI.OYMEN'I' COST $ - $ - $ 350 $ 300 $ 300 TOTAL PERSONNEL COSTS: S 544,406 1 S 660,488 S 624,810 S 697,600 $ 37,112 First Public Hearing, Sept 6th, 2016 18 of 27 City of Okeechobee PROPOSED 'gal Fund - 001 2016/2017 BUDGET DEPARTMENT- P1TR1 JC W0RKC (fiU1 i 2014/2015 2015/2016 2015/2016 2016/2017 ACTUALS AMENDED ESTIMATES PROPOSED DIFFERENCE 3100 PROFESSIONAL SERVICES $ $ 5,000 $ - $ 5,000 $ - 3400 OTHER CONTRACTUAL SFRVICES $ $ 2,800 $ 100 $ 2,800 $ - 3401 GARBAGE COLLF.CTIONFF,E $ 368,127 $ 366,524 $ 366,524 $ 367,257 $ 733 4000 "GRAVEL AND PF:R DIEM $ 893 $ 1000 $ 1,046 $ 2,500 $ 500 4100 COMM & FREIGHT $ 4,984 $ 5.500 $ 5,536 $ 6,500 $ 1,000 4300 UTILITIES $ 14,645 $ 18,500 $ 15,512 $ 18,500 $ 4400 RENTALS & LEASES $ 663 $ 1,250 $ 1,115 $ 750 $ (500) 4500 INSURANCE $ 32,067 $ 33,949 $ 19,122 $ 35,788 $ 1,839 4600 R&M VEHICLES $ 2,152 $ 8,000 $ 8,442 $ 8,000 $ - 4601 R&M PARKS $ - $ - $ - $ 7,500 $ 7,500 4609 R&M BUILDING & EQUIPMENT $ 22,344 $ 18,500 $ 27,376 $ 22,500 $ 4,000 4901 EDUCATION $ 2,171 $ 3,000 $ 2,277 $ 4,000 $ 1.000 4909 MISCELLANEOUS $ 880 $ 500 $ 365 $ 500 $ - 5100 OFFICE SUPPLIES $ 761 $ 750 $ 750 $ 750 $ 5200 OPERATING SUPPLY $ 7,764 $ 6,400 $ 7,248 $ 6,500 $ 100 5201 I-UEI. AND 011, $ 19,596 $ 27,050 $ 20,700 $ 27,050 $ - 5202 OPERATING SUPPLIES (TIRES) $ 2,843 $ 5,750 $ 4,951 $ 3,500 $ (2,250) 5203 UNIFORMS $ 6342 $ 6,750 $ 7,903 $ 6,750 $ - 5204 DUMPING FEES $ - $ 500 $ 90 $ 750 $ 250 5205 MOSQUITO CONTROL $ - $ 8,000 $ - $ 7,500 $ (500) 5300 ROAD MATERIALS/SUPPLIES $ 237 $ - S 350 $ - $ 5400 BOOKS, PUBLICATIONS, ETC $ 465 $ 500 $ - $ 500 $ 6300 IMPROVI;MENTS $ - $ _ $ $ - $ 6400 EQUIPMENT ($750 OR MORE) $ - $ $ _ $ - $ - TOTAL SUPPLIES AND OTHER SERVICES: S 486,934 S 521,223 S 489,407 $ 534,895 $ 13,672 GRAND TOTAL FOR DEPARTMENT $ 1,031,340 $ 1,181,711 1 S 1,114,217 $ 1,232,495 1 $ 50,784 2300 Health Insurance & Benefit cost adjustment 1300 Adding I Perm PT Admin employee 24 hrs per week, 4 Temp Employees @ 3 mo ea summer mnths 1200 Includes payout of retired employee 2200 Amended Pension contribution to 10% 4000 & Increase in anticipated training for staff 4901 4601 Adding line item, Parks, Repl. Lights in Veterans Park, and other R&M needed 4609 Incr. due to previous equipment repair history 5202 Estimated ## of gallons continued Used $3.25 rate for gas, $3.75 diesel 4.3% First Public Hearing, Sept 6th, 2016 19 of 27 City of Okeechobee PROPOSED 2016/2017 BUDGET Public Facility Fund-301 Public Facility Fund (Transportation) 2014/2015 1 2015/2016 1 2015/2016 1 20/6/2017 ACTUALS AMENDED ESTIMATES I PROPOSED F/Y BEGINNING FUND BALANCE $ 846,069 $ 546,177 $ 745,060 1 $ 658,676 IDIFFF.RENCF. REVENUES 301-313.4100 LOCAL OPTION GAS TAX $ 369,450 $ 327,944 $ 341,000 $ 330,400 $ 2,456 301-313.4200 LOCAL ALTER, I'LTI, USER FF.F_ $ 236,789 $ 206,680 $ 254,000 $ 207,500 $ 820 301-335.1220 SRS EIGHT CENT MOTOR FUEL $ 67,677 $ 67,500 $ 66,300 $ 67,500 $ - 301-312.3000 NINTH CENT FUEL TAX $ 66,674 $ 55,900 $ 63,200 $ 57,000 $ 1,100 301-335.4100 MOTOR FUFl. TAX REBATF. $ 2,846 $ 2,570 $ 2,577 $ 2,500 $ (70) 301-361.1000 SCOP Funding $ - $ 57,750 S 57.750 $ - $ (57,750) 301-361,1000 INTEREST EARNINGS $ 331 $ 350 $ 250 $ 350 $ 301-369.1000 MISCELLANEOUS $ 1,737 $ - $ - $ - $ TOTAL REVENUES 7 455,5041 718,694 785,077 665,250 $ (53,444) EXPENDITURES 301-5493100 PUBI.ICFAC.-PROFESSIONALSER_ $ 6,166 $ 25,000 $ - $ 25,000 $ 301-549-3400 PUBLIC FAC CONTRAC"I'UALSERVICf $ 44,196 $ 77,700 $ 68,000 $ 51,000 $ (26,700) 301-549-4300 PUBLIC FAC. UTILITIES $ 82,035 $ 87,300 $ 80,500 $ 77,300 $ (10,000) 301-549-4609 REPAIR & MAINTENANCE $ 18,086 $ 17,500 $ 9,425 $ 18,500 $ 1,000 301-549-4909 MISC-PARK HOLIDAY LIGHTS $ 1,271 $ 2,000 $ 2,726 $ 5,000 $ 3,000 301-549-5300 PUBLIC FAC ROAD & MATF,RIALS $ 46,102 $ 701000 $ 70,000 $ 65,000 $ (5,000) 301-549-6300 PUBLIC FAC IMPROVFMF,NTS $ 125,471 $ 335,000 $ 160,000 $ 275,000 $ (60,000) 301-549-6301 SLOP IMPROVEMENTS $ 1,248 $ 57,750 $ 57,750 $ - $ (57,750) 301-549.6302 PUBLIC FAC BEAUTIFICATION $ 5,390 $ 5,000 $ - $ - $ (5,000) 301-549.6400 PUBLIC FAC. MACHINERY & EQUIP $ 40,959 $ 75.000 $ 73,000 $ 196,000 $ 121,000 TOTAL EXPENSES $ 370,924 1 $ 752,250 $ 521,401 1 $ 712,800 1 $ (39,450) Transfer to General Fund S 398,000 $ 350,000 $ 350,000 S 350,000 F/Y ENDING FUND BALANCE $ 822,649 S 162,621 $ 658,736 $ 261,126 First Public Hearing, Sept 6th, 2016 20 of 27 City of Okeechobee PROPOSED 2016/2017 BUDGET PROPOSED FISCAL YEAR (2016-2017) DETAII 3100 Engineering/Professional Services, SERVICES FOR PARK/MEDIAN PROF! $ 25,000 3400 Grounds Maint., Street Sweeping, $ 51,000 4609 Median/road replacement plants and maintenance $ 17,500 Rep] small ROW Equipment, Chain saws, pole saws etc as needed $ 1,500 5300 Repair of roads/canal cleanup,/etc. Sign Repair/Replacement $ 15,000 Traffic Signal Equipment Upgrades $ 10,000 ROW Drainage $ 10,000 R&M Roads/Culverts $ 10,000 Storm water infiltration repair $ 10,000 Storm Water Ditch Maint Adjustments $ 10,000 6300 Asphalt program, $ 180,000 Continued Sidewalk project $ 95,000 6400 Replacement 1/2 to 2x4 P/U $ 22,000 Streetsweeper $ 170,000 Airboat Propeller $ 2,000 30KW Generator (Gov Surplus) $ 2,000 First Public Hearing, Sept 6th, 2016 21 of 27 City of Okeechobee ° PROPOSED AL PROJECTS IMPROV , S 2, �&M BUDGE 2014/2015- 2015/2016 2015/2016 2016/2017 ACTUAL AMENDED ESTIMATES PROPOSED F/Y BEGINNING FUND BALANCE; $ 6,518,728 S 5,957,923 S 6,355,830 $ 5,129,685 REVENUES 304-383-0000 304-364.10o0 304-361-1000 304-369 1000 DISPOSITION OF FIXED ASSETS $ 260,603 $ 246,000 $ 237,600 $ 237.600 INTEREST EARNINGS $ 6,504 $ 4,000 $ 5.050 $ 5,200 MISCELLANEOUS $ 658 $ 500 $ 500 $ 500 EOTAL. REVENUES $ 267,765 1 $ 250,500 $ 243,150 $ 243, 000 EXPENDITURES 304-549-3100 Professional Services $ 9,375 $ 40.800 $ 29,500 $ 25,000 304529-4600 REPAIR & MAINTENANCE $ 2,600 $ 50,000 $ 25,000 $ 25,000 304-513-3100 Professional Services $ - $ 22,000 $ - $ 9,500 304-512-6400 ADMINISTRATION CAPITAL $ 304 $ 30,562 $ 30,562 $ 6,900 304-513-6400 FINANCE CAPITAL $ 304 $ 1,500 $ 1,500 $ 2,500 304-519-6400 GENERAL SERVICES CAPITAL $ 31,500 $ 114,500 $ 114,000 $ 66,000 304-521-6400 LAW ENFORCEMENTCAPITAL $ 340,200 $ 419,372 $ 419,000 $ 346,065 304-522-6400 FIRE PROTECTION CAPITAL $ 13,150 $ 50,200 $ 50,200 $ 33,000 304-522-6401 $ - $ - $ - $ 525,000 304-541-6400 PUBLIC WORKS CAPITAL $ - $ 3,500 $ 3,500 $ 6,900 304-549-6401 PARKS CAPITAL IMPROVEMENT $ 2,800 $ 100,000 $ 48,500 $ 50,000 304-549-6402 MEDIAN REPLACEMENT & ROW $ - $ 100,000 $ - $ 85,000 304-584.6400 FUTURE CAPITAL PROJECTS $ - $ 50,000 $ $ 304-2512-6400 CLERK CAPITAL $ 2,695 $ - $ $ 304-584-7100 PRINCIPAL $ - $ _ $ $ 304-584.7200 INTF.RES'I $ - $ $ $ TOTAL EXPENDITURES $ 401,928 $ 982,434 $ 721,762 $ 1.180,865 F/Y ENDING F "TRANSFER OUITO Other Funds $ 28,735 $ 382,162 $ 365,162 $ 16,020 TRANSFER OUT TO GENERAL FUND $ - $ 899,441 $ 382,371 $ 880,253 TOTAL TRANSFER OUT $ 28,735 $ 1,281,603 $ 747,533 $ 896,273 ASSIGNED FUND BALANCE $ $ TOTALASSIGNED FUND BALANCE $ $ $ $ 7ND BALANCE $ 6,355,830 S 3,938,086 S 5,129,685 S 3,295,847 First Public Hearing, Sept 6th, 2016 22 of 27 City of Okeechobee T PROPOSED j 2016/2017 BUDGET Fl2017 549-3100 Professional services(i.ie. Engineering, etc, ADD SERVICES FOR PARK/MEDIAN PROF SER. 529-4600 $25,000 for Demo buildings, etc 513-3100 Professional Services (Grant Administration Services) 512 Administrators office, chairs, desk, cabinets, Painting, etc 519 Phone system and additional cabling computer equip, $50,000 (CI 1. Fire, Barn), Comp. repL, Entr C I I Doors $ 15,000 513 Replacement computer, dual monitor, stand, Plus additional computer, dual monitor for IT 521 Replacement vehicles 12 + I (13) (iil $22654, Equipment_ decals, titles$43,263 I Radar, 4 Computers & equip, $5,000 Rep Equip in Electronics Room, $2000 I Tascr, $1,100 522 2 Radios (handheld) $4000 ea, $8,000 Commercial Frontload Washer for heavy gear, $1,500 Continue Replacement Bottle, $4,000 Bunker Gear rotation and replacement, 6 dal $2500= $15,000 1 computer HD replacement, $1000, 1 Dell laptop for fire software in field (will connect to Spillman). $1800 3 replacement recliners, ea (r) $800 = $2,400 522-6401 First out Engine Replacement, $447,000, Installed Equipment, $75,000 541 Barn Addition Improvements, telephone upgrades, $5,400, 1 PC Software- $1,500 First Public Hearing, Sept 6th, 2016 23 of 27 City of Okeechobee PROPOSED 2016/2017 BUDGET Other Grants RECAPITULATION - REVENUE & EXPENSES F/Y BEGINNING FUND BALANCE REVENUES 302-331,3903 302-331.3905 302-361,1000 302-381.0000 302-381.0000 2014/2015 2015/2016 2015/2016 1 2016/2017 ACTUALS ANIENDED ESTIMAiLS1 PROPOSED $ - $ $ $ 339,642 TMDL Grant $ $ 403,838 $ $ 403,838 Section 319 Grant $ $ - $ $ - Interest Earnings $ $ - $ $ 'TRANSFER IN -CAPITAL. ASSIGNED FUNDS $ $ 300,000 $ 300,000 $ - TRANSFER IN -CAPITAL. FUND RESERVES $ $ 65,162 $ 65,162 $ 16,020 TOTAL REVENILES1 $ $ 769,000 $ 365,162 1 $ 419,858 EXPENDITURES 302-2552.3100 302-2552.3200 302-2552.4609 302-2552.4609 302-2552,4909 302-2000-4909 302-27523100 302-27523200 302-2752.4909 302-2752.4609 PROFESSIONAL SFRVICFS $ $ $ $ ADMINISTRATIVE SERVICES $ $ $ $ TEMPORARY RELOCATION $ $ $ - $ HOUSING REHAB DEMO/RF,PI-/RELOC $ $ $ - $ - MISCLLLANEOUS $ $ $ $ - MISCELLANEOUS - BANKING EXP PROFESSIONAL. SERVICES $ $ 28,000 $ 25,520 $ 18,500 ADMINISTRATIVE SERVICES $ $ 5,000 $ 5,000 MISCELLANEOUS $ $ 1,000 $ 1,000 STREET IMPROVEMENTS/ADDITIONS $ $ - Park and Canal Improvements $ $ 735,000 $ 735,000 TOTAL. EXPENSES1 $ $ 769,000 1 $ 25,520 $ 759,500 E/Y ENDING FUND BALANCE I $ $ $ 339,642 1 $ DUE TO GENERAL FUND 331-3200 Grant related project Taylor Creek Park TMDL Grant $367,260, Matching, $183,630 Section319 Grant $367,260, Matching $147,052 First Public Hearing, Sept 6th, 2016 24 of 27 City of Okeechobee PROPOSED 2016/2017 BUDGET Appropriations Grant RECAPITULATION - REVENUE & EXPENSES F/Y BEGINNING FUND BALANCE REVENUES 307-334.3900 307-361.1000 307-381.0000 2014/2015 1 2015/2016 2015/2016 1 2016/2017 ACTUAL S AMENDED ESTIMATES PROPOSED $ $ $ $ Appropriation Funds $ $ 300,000 $ 300,000 $ Interest Earnings $ $ - $ - $ TRANSFER IN -CAPITAL FUND RESLRVES $ $ 17,000 $ 17,000 $ TOTAL REVENUES $ $ 317,000 $ 317,000 $ EXPENDITURES 307-559.3100 307-559.3102 307-559.4909 307-559.6300 PROFESSIONAL SERVICES -Engineering Services $ $ - $ - $ PROFFSSIONAL SERVICES-Grnt Admin $ $ 9,000 $ 16,500 $ ADMINISTRATIVE SERVICES $ $ 500 $ 500 $ STREET IMPROVEMENTS/ADDFFIONS I $ - $ 300,000 $ 300,000 $ TOTAL EXPENSES1 $ $ 309,500 $ 317,000 $ F/Y ENDING FUND BALANCE I $ $ 7,500 1 $ $ 334-3900 Stormwater/Canal Grant ($100,00 Carryover) + $200,000 added grant First Public Hearing, Sept 6th, 2016 25 of 27 City of Okeechobee PROPOSED 2016/2017 BUDGET FDOT-GRANT RECAPITULATION - REVENUE & EXPENSES 2014/2015 1 2015/2016 1 2015/2016 1 2016/2017 ACTUALS I AMENDED I ESTIMATES I PROPOSED F/Y BEGINNING FUND BALANCE $ 7,425 1 $ (86,713) $ (86,713) $ REVENUES 308-331-3900 308-369.1000 308-381.0000 FDOT Grant $ $ 96,492 $ 96,492 $ Misc. RCMILIC $ $ - $ - $ TRANSFER IN -CAPITAL RESERVES $ 17,500 $ 521 $ 521 $ TOTAL REVENUES1 $ 17,500 $ 97,013 $ 500 $ EXPENDITURES 308-549.3100 308-549.3102 308-549.4909 308-549 4609 308-549 6300 PROFESSIONAL SERVICES $ 17,420 $ 600 $ $ ADMINISTRATIVE SFRVICF.S $ - $ - $ $ MISCFLEANFOUS $ - $ - $ - $ REPAIR & MAINFENCE $ 86,794 $ 9,700 $ $ STRFFT MEDIAN IMPROVEMENTS $ $ - $ TOTAL EXPENSES1 $ 104,214 1 $ 10,300 1 $ 331-3900 Landscape Grant US98/US441 Closeout First Public Hearing, Sept 6th, 2016 26 of 27 City of Okeechobee PROPOSED 2016/2017 BUDGET LAW ENFORCEMENT SPECIAL FUND RECAPITULATION - REVENUE & EXPENSES 2014/2015 2015/2016 2015/2016 2016/2017 ACTUALS AMENDED ESTIMATES PROPOSED F/Y BEGINNING FUND BALANCE $ 5,768 $ 6,100 $ 5,111 REVENUES 601-351.1000 601-351,2000 601-354.1000 601-361.1000 601-369-1000 CONFISCATED PROPERTY FINES LOCAL ORD_ VIOL $ 2,750 $ 500 $ 850 $ 500 INTEREST EARNINGS MISCELLANEOUS $ 300 TOTAL REVENUE: $ 2,750 $ -00 1 S I,15o S 5011 EXPENDITURES 601-529.4909 601-549.6300 601-549.6400 LAW ENE_ SPECIAL. MISC $ 874 $ 500 $ 200 $ 250 LAW ENF. SPECIAL IMPROVE $ - $ 3,105 $ - $ LAW ENE SPECIAL MACH & 1 $ 2,533 $ 1,700 $ 1,500 TOTAL, EXPENDITURES 3,407 3,605 1,900 1,750 F/Y ENDING BALANCES $ 5,111 1 $ 2,995 1 $ 4,361 1 $ 3,11 I First Public Hearing, Sept 6th, 2016 27 of 27 Ine,luded /o Ac, -- dauncl I A endr- bckW Fire Truck Comparison meefi //I to and Recommendation for Budget 2016-2� g &ti bA To: Mayor and City Council From: Marcos Montes De Oca, City Administrat Herb Smith, Fire Chief $.- RE: 2016-2017 Firetruck Recommendation Staff under Council and Administration direction has prepared the following comparisons for the Custom versus Commercial (Cab and Chassis) Fire rescue vehicle as proposed in the 2016-2017 budget. The overall view of the equipment within the fire department does deem a vehicle to be replaced. The capital outlay review and planning for the upcoming decade did indicate the need for capital purchases, including this initial item. The costs of maintenance and repair for the current equipment have been on an uptrend. All vehicles utilized at the fire department have met, exceeded or doubled their service life. To insure the ISO rating of the City of Okeechobee and to continue to serve, the replacement of a pumper truck is crucial for the department General Discussions Cost of Custom versus Commercial vehicles on average are typical begin at approximately $70,000 (based on industry average). Commercial truck life cycle expectations within Florida are less than 7 years. Custom vehicles last at minimum over double that of commercial, at 15 years. Thus initial cost savings are lost in long term planning for departments with commercial purchases. Typically commercial fire trucks are utilized as a lower cost backup alternative to custom vehicles. Other departments within the state utilize commercial trucks as primary response apparatus, however, are replaced within 5 to 6 years due to lower design duty cycle. In a department with expected life spans of equipment reaching 15-20 years the cost to replace is overall greater with commercial chassis vehicles. .,r Basic Comparisons Custom over nonspecific Commercial Truck o Custom Vehicles life cycle is over 2 times than that of commercial o Commercial cost differential is approximately $320K GREATER in long run over 15 year cycle with single replacement o Initial Purchase savings is approximately 15% with Commercial. o Turning radius overall are greatly reduced, typically 30%, by use of Mid - engine mount in Custom o approximately 6 feet shorter overall in Custom o Cooling systems and all components are designed or for extended or extreme fire conditions o Lower center of gravity with Custom for overall easier of use o Overall greater duty cycle of suspension, chassis frames are found in Custom o More ergonomically designed equipment storage for occupant with gear (not just drivers) in Custom o Commercial truck interiors not specifically designed for duty cycles or gear entry as Custom are o Larger gauge wire harnesses for increased redundancy and repair in Custom o Heavier gauge body for safety in crush or collapse scenarios in Custom o Overall better crash and survivability Safety for occupants in case of crash or disaster scenario. Administrative Item Cooperative Sheriff's Bid award did not allow for a 4-door commercial in the standard bids. The truck if commercial would require specifications and go out for competitive bid with additional staff time. Custom vehicles as 4 doors are placed on Cooperative Sheriff's Bid to allow for cooperative purchases for fire departments, allowing staff to review utilize the cooperative bid for more department efficiency. Staff Recommendation In review and preparation of the 10 year capital outlay plan for the City Fire Department, the recommendation as presented in the Budget for the purchase of a Custom type fire truck is supported. Costs comparisons for manufacturer will be required by administration to insure best usage of funds. The department's extended life cycle and increased call volumes support the purchase of the vehicle as proposed. In addition, the overall costs associated in the 15 year outlay of a commercial truck would be much greater and not be supported. Although a lower initial purchase price would be incurred, the long term costs including replacement are much greater in the commercial option. Again, staff with the capital outlay and vision to continue the level of fire service and low ISO rating the City expects, recommends the purchase of a Custom truck over a commercial while utilizing the Cooperative Sheriff's Bid Program.