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1996-06-18 Regular Meeting178 CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION A. Call Meeting to order on June 18, 1996 at 7:00 p.m B. Invocation offered by Reverend J.P. Ziegler; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council Attendance: Mayor James E. Kirk Council Member Noel A. Chandler Council Member Michael G. O'Connor Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Staff Attendance: City Attorney John R. Cook City Administrator John J. Drago City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea Mayor Kirk called the regular meeting to order on June 18, 1996 at 7:00 p.m. Reverend Ziegler offered the invocation; Mayor Kirk led the Pledge of Allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present D. Motion to dispense with the reading and approve the Sum- Council Member Chandler moved to dispense with the reading and approve the mary of Council Action for the Regular Council Meeting of Summary of Council Action for the regular meeting of May 21, 1996 and the workshop may 21, 1996 and the Workshop meetings of may 20 and meetings of May 20 and June 10, 1996; seconded by Council Member O'Connor. June 10,1996. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. PAGE 1 OF G JUNE 18,1 996 - REGULAR MEETING - PAGE 2 OF 10 I E. Motion to approve Warrant Registers for April, 1996 in the Council Member Watford moved to approve Warrant Registers for April, 1996 in the amount of $486,165.04. amount of four hundred eighty-six thousand, one hundred sixty-five dollars, four cents ($486,165.04); seconded by Council Member Oliver KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL Mayor Kirk asked if there were any requests for additions, deferrals or withdrawals of OF ITEMS ON TODAY'S AGENDA. items on today's agenda. Council Member Oliver requested a brief status report on the tabled Ordinance No. 689. Mayor Kirk added that as a new business item before item number six. F. NEW BUSINESS 1. Presentation of Proclamations - Mayor Kirk Mayor Kirk read the following proclamation in its entirely as follows: "WHEREAS, the City of Okeechobee has more than 80 licensed Amateur Radio operators who have demonstrated their value in public assistance by providing emergency radio communications, and WHEREAS, Governor Lawton Chiles, (who lauded the contribution to the public welfare by amateur radio operators, who relayed emergency messages around the world, during and after hurricane Andrew), decreed Amateur Radio "The Official Emergency Communication Resource" for Florida; and WHEREAS, these Amateur Radio Operators donate these services free of charge to the City, in the interest of the citizens of the City as well as the world; and X X X X X 1� JUNE 18, 1996 - REGULAR MEETING - PAGE 3 OF 10 F. NEW BUSINESS 1. Presentation of Proclamations continued. NOW, THEREFORE, 1, James E. Kirk, Mayor of the City of Okeechobee, hereby declare the week of June 17-23, 1996 as "AMATEUR RADIO WEEK" In recognition of this important emergency preparedness exercise, and call upon all citizens to pay appropriate tribute to the American Radio of our City." Mayor Kirk presented the proclamation to Mr. Joshua A. Osterman and Mr. Robert W. Frank, who stated that he had been an amateur radio operator for sixty-two years.. Mayor Kirk read the following proclamation in its entirety and presented it to Mr. Gene O'Neil and Mr. Peter Knoll: "WHEREAS, Kiwanis is a worldwide voluntary service organization with members working together to achieve what individuals cannot do along; and WHEREAS, the motto of Kiwanis is "We Build" with major emphasis on "Young Children, Priority One"- and WHEREAS, the Okeechobee Kiwanis Club was founded on June 17, 1971 with 25 charter members, and WHEREAS, the Okeechobee Kiwanis Club was the first service organization to give scholarships to graduating high school students: and WHEREAS, through the years the Okeechobee Kiwanis Club has sponsored or supported many civic and youth activities, NOW, THEREFORE, 1, James E. Kirk, Mayor of the City of Okeechobee, proclaim the week of June 17, 1996 as "Okeechobee Kiwanis Club Week" in honor of the Club's 25th Anniversary and encourage all citizens to participate in future Club activities." d JUNE 18, 1996 - REGULAR MEETING - PAGE 4 OF 10 181 F. NEW BUSINESS 2. Motion to approve a Sidewalk Improvement Contract Council Member O'Connor moved to approve the (1995) Sidewalk Improvement Contract with K&K Construction, Inc. of Okeechobee the with K&K Construction, Inc. of Okeechobee (the low bidder) in the amount of sixty-seven amount of $67,631.65 - City Administrator (Exhibit 1). thousand, six hundred thirty-one dollars, sixty-five cents ($67,631.65) (as recommended by Engineer Kafer of Lawson, Noble and Webb, Inc.); seconded by Council Member Chandler. The sidewalks to be installed as listed in Exhibit One are: S.W. 5th Avenue (S.W. 15th Street to S.W. 21 st Street) S.W. 21st Street (Highway 441 to S.W. 7th Avenue) S.W. 3rd Avenue (City Limits to S.W. 15th Street) N.W. 9th Street (N.W. 10th Avenue to N.W. 9th Avenue) Council Member Oliver commented he thought the City was going to have a priority list of what areas needed sidewalks before this bid. Administrator Drago explained that the Council will have the list for the next budget year. However, this was approved in the last budget process. Engineer Kafer was present to answer any of Council's questions. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 3. Motion to approve a three year Auditing Contract with Council Member Watford moved to approve a three year Auditing Contract with J.D. J.D. Gilbert and Co. in the amount of thirty-six Gilbert and Co. in the amount of thirty-six thousand dollars ($36,000.00) (as thousand dollars ($36,000.00) - City Administrator recommended by Administrator Drago); seconded by Council Member O'Connor. (Exhibit 2). 11 X X X X X 182 JUNE 18, 1996 - REGULAR MEETING - PAGE 5 OF 10 F. NEW BUSINESS 3. Motion to approve a three year Auditing Contract with Following discussion, vote was as follows: J.D. Gilbert and Co. continued. 11 KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 4. a. Motion to read by title only, and set July 2, 1996 as 11 Council Member Watford moved to read by title only, and set July 2, 1996 as a Public a Public Hearing date, Ordinance No. 690 - City Hearing date, (proposed) Ordinance No. 690 (amending the restated City of Okeechobee Attorney (Exhibit 3). Municipal Police Officers' Pension Trust Fund); seconded by Council Member Oliver KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 690 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEEAMEND/NG THE RESTATED CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND AS ADOPTED BY ORDINANCE NO. 657, AMENDING THE DEFINITIONS OF "CREDITED SERVICE", 'MEMBER", POLICE OFFICER" AND "SALARY"AND ADDING THE DEFINITIONS OF -RETIREE- AND "RETIREMENT-, AMENDING SECTION 2, MEMBERSHIP, AMENDING SECTION 3, BOARD OF TRUSTEES, AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT, AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY, AMENDING SECTION 8, DISABILITY; AMENDING SECTION 9, VESTING, AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 12, CLAIMS PROCEDURES; AMENDING SECTION 13, REPORTS TO DEPARTMENT OF INSURANCE, AMENDING SECTION 16, MAXIMUM PENSION, DELETING SECTION 17, COMMENCEMENT OF BENEFITS; AMENDING SECTION 18, DISTRIBUTION OF BENEFITS, AMENDING SECTION 19, MISCELLANEOUS PROVISIONS; AMENDING SECTION 20, REPEAL OR TERMINATION OF SYSTEM, AMENDING SECTION 22, PENSION VALIDITY; PROVIDING FOR SEVERABILIIY OF PROVISIONS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." X X X X X X X X X X JUNE 18, 1996 - REGULAR MEETING - PAGE 6 OF 10 t F. NEW BUSINESS 4. b. Motion to approve the first reading of Ordinance No. 690. Council Member Watford moved to approve the first reading of (proposed) Ordinance No. 690; seconded by Council Member Oliver Following discussion, vote was as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 5. a. Motion to read by title only, and set July 2, 1996 as a Council Member Watford moved to read by title only, and set July 2, 1996 as a Public Public Hearing date, Ordinance No. 691 - City Attorney Hearing date, (proposed) Ordinance No. 691 (amending the City of Okeechobee (Exhibit 4). Municipal Firefighters' Pension Trust Fund); seconded by Council Member Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 691 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE RESTATED CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, AS ADOPTED BY ORDINANCE 656 OF THE CITY OF OKEECHOBEE; AMENDING THE DEFINITIONS OF "CREDITED SERVICE", "MEMBER" AND "SALARY" AND ADDING THE DEFINITIONS OF "RETIREE" AND "RETIREMENT"; AMENDING SECTION 2, MEMBERSHIP; AMENDING SECTION 3, BOARD OF TRUSTEES; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 9, VESTING; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 12, CLAIMS PROCEDURES; AMENDING SECTION 13, REPORTS TO DEPARTMENT OF INSURANCE; AMENDING SECTION 16, MAXIMUM PENSION; X X X X X X X X X X •E JUNE 18, 1996 - REGULAR MEETING - PAGE 7 OF 10 F. NEW BUSINESS 5. a. Read by title only, Ordinance No. 691 continued. DELETING SECTION 17, COMMENCEMENT OF BENEFITS; AMENDING SECTION 18, DISTRIBUTION OF BENEFITS; AMENDING SECTION 19, MISCELLANEOUS PROVISIONS; AMENDING SECTION 20, REPEAL OR TERMINATION OF SYSTEM; AMENDING SECTION 22, PENSION VALIDITY; PROVIDING FOR THE PURCHASE OF CREDITED SERVICE FOR SEPARATION FROM EMPLOYMENT FOR MILITARY SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." b. Motion to approve the first reading of proposed Ordinance III Council Member Watford moved to approve the first reading of proposed Ordinance No. No. 691. 691; seconded by Council Member Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. ITEM ADDED TO THE AGENDA: Attorney Cook advised that he, Attorney Conely and Administrator Drago met last Friday 5. c. Request for update on proposed Ordinance No. 689 - concerning a new draft of Ordinance No. 689 to allow alcoholic beverages to be sold Council Member Oliver. III within seven hundred feet of a church. Attorney Conely is to forward the new draft to Attorney Cook, who will get with Administrator Drago to set up a date that both churches involved and the City Council can discuss the new draft at a workshop. JUNE 18, 1996 REGULAR MEETING - PAGE 8 OF 10 185 F. NEW BUSINESS 6. Discuss Fire Truck Bids - Fire chief (Exhibit 5). Chief Tomey presented to the Council a list of seventeen of the forty-two items that were listed in the specification bid packages sent out for a new custom fire truck. He indicated which companies met the seventeen items and went through each item explaining why he chose that particular item to be in the specifications. He then advised the Council that after further review of the bids he is not recommending the Council award the fire truck bid to Southern Coach, but to Pierce Manufacturing, Inc. (Ten-8) of Appleton, Wisconsin in the amount of two hundred twenty-six thousand, nine hundred eighty-five dollars ($226, 985.00). Chief Tomey also addressed the letter in Exhibit Five from Fire Fighting Innovations, Inc. who did not submit a bid because they stated they could not understand the spec- ifications. However, six other companies were able to understand the specifications and did submit a bid. Council and Attorney Cook discussed at length with Chief Tomey all the specifics of the various bids and the need for this new truck. The company Chief Tomey was choosing was not the lowest bidder, but they did meet all the specifications. Mayor Kirk asked if this was in the budget amount of money that was set aside for the fire truck. Chief Tomey explained that two hundred thousand dollars was set aside for the truck. Fifty thousand dollars for the equipment. Total set aside is two hundred fifty thousand dollars. Mayor Kirk specifically asked if Chief Tomey would be able to purchase the equipment needed with the remaining funds. Chief Tomey stated that he could. Finance Director Delorme also reminded the Council that one hundred thousand dollars of the fire truck money remained in the general revenues to lower the millage rate in the last budget year. Council Member Watford stated that he felt the Council should finance the truck. Mr. Mark Jones of Pierce Manufacturing was present and advised the Council of prepaid savings and various other items concerning the proposed truck. y JUNE 18, 1996 - REGULAR MEETING - PAGE 9 OF 10 F. NEW BUSINESS 6. Discuss Fire Truck Bids continued. Volunteer Firefighter Clayton Williams addressed the Council stating that he had been involved with the fire department since 1958. The City has an expert right here in Chief Tomey. He is a member and past president of the State of Florida Fire Fighters Association and stays on the leading edge of the fire service business. He felt the City Council needed to protect this community and that this piece of equipment will help us do that. Mr. Ropey Sanders also addressed the Council in response to a comment made by Council Member Watford that perhaps another way to go would be to purchase another vehicle to get the firefighters to the scene, they did not have to ride in the fire truck. Mr. Sanders felt that two pieces of equipment would not work, you would spend forty to fifty thousand dollars on the other vehicle that could go toward the purchase of this truck. Chief Tomey advised Council of his proposed plans to upgrade his department in order to have better response for the citizens of Okeechobee during fires. Discussion ensued, Council Member Oliver moved to accept Chief Tomev's recommendation of proposal of Pierce Manufacturing Inc. (Ten-8) for two hundred twenty-six thousand, nine hundred eighty-five dollars ($226 985 00) subject to change if certain options are added or taken away or credits are given seconded by Council Member Chandler. Discussion continued, Council Member Watford stressing what a hard decision this is because it is a lot of money, but that we did have to depend on the recommendations of the Department Heads. Council Member O'Connor called the question. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. X X X X X JUNE 18, 1996 - REGULAR MEETING - PAGE 10 OF 10 187 Adjournment - Mayor Kirk. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. A tape recording of this meeting is on file in the City Clerk's Office. ATTEST: Bonnie S. Thomas, CMC, City Clerk Eli James E. Kirk, Mayor There being no further items on the agenda, Mayor Kirk adjourned the meeting at 9:10 p. M. z CITY OF OKEECHOBEE 06/18/96 REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES A. Call meeting to order: r *99*1&a / B. Invocation: b.., .Lk. Pledge- i - MayorC. i Council attendance:ABSENT Mayor Kirk Councilman Chandler Councilman O'Connor Councilman Oliver — �r Councilman Watford Attorney Cook Administrator Drago Clerk Thomas ✓ Deputy Clerk Gamiotea �,�� ��,A � D. Council Member�p� w moved to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of May 211996 and the Workshop Meetings of May 20 and June 10„ 1996; seconded by Council MemberQ_. VOTE: YES NO ABSENT KIRK / CHANDLER i O'CONNOR OLIVER WATFORD MOTION: (CARRI /DENIED DISCUSSION: E. Council Member moved to approve Warrant Registers for April, 1996 in the amount of four hundred eighty-six thousand, one hundred sixty-five dollars, four cents ($486,165.04), seconded by Council Member �). VOTE: YES NO ABSENT KIRK i CHANDLER O'CONNOR OLIVER WAT FORD MOTION: (Ci RIED DENIED DISCUSSION: REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. F. NEW BUSINESS Presentation of Proclamations - Mayor Kirk "WHEREAS, the City of Okeechobee has more than 80 licensed Amateur Radio operators who have demonstrated their value in public assistance by providing emergency radio communications; and WHEREAS, Governor Lawton Chiles, (who lauded the contribution to the public welfare by amateur radio operators, who relayed emergency messages around the world, during and after hurricane Andrew), decreed Amateur Radio "The Official Emergency Communication Resource" for Florida; and WHEREAS, these Amateur Radio Operators donate these services free of charge to the City, in the interest of the citizens of the City as well as the world; and WHEREAS, this year's Amateur Radio Field Day will take place on June 22 and 23, 1996; NOW, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, hereby declare the week of June 17-23, 1996 as "AMATEUR RADIO WEEK" In recognition of this important emergency preparedness exercise, and call upon all citizens to pay appropriate tribute to the American Radio of our City." "WHEREAS, KIWANIS is a worldwide voluntary service organization with members working together to achieve what individuals cannot do alone and WHEREAS, the motto of KIWANIS is "We Build" with major emphasis on "Young Children, Priority One"; and WHEREAS, the Okeechobee KIWANIS Club was founded on June 17, 1971 with 25 charter members; and WHEREAS, the Okeechobee Kiwanis Club was the first service organization to give scholarships to graduating high school students: and WHEREAS, through the years the Okeechobee Kiwanis Club has sponsored or supported many civic and youth activities; NOW, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, proclaim the week of June 17, 1996 as "Okeechobee Kiwanis Club Week" in honor of the Club's 25th Anniversary and encourage all citizens to participate in future Club activities." 2. Council Member ff/� moved to approve a (1995) Sidewalk Improvement Contract with K&K Construction, Inc. of Okeechobee (the low bidder) in the amount of sixty-seven thousand, six hundred thirty-one dollars, sixty-five cents ($67,631.65) (as recommended by Engineer Kafer of Lawson, Noble and Webb, Inc.); seconded by Council Member - City Administrator (Exhibit 1). VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION: CARRIED/DENIED V-1 _ 6_� 3 DISCUSSION: , k 7 U/ 3. Council Member moved to approve a three year Auditing Contract with J.D. Gilbert and Co. in the amount of thirty-six thousand dollars ($36,000.00) (for the first year, optional two additional years $26,000 each, as recommended by Administrator Drago); seconded by Council Member LL - City Administrator (Exhibit 2). VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION: dCARRI ;;DENIED Oct DISCUSSION: �epv 4. a. Council Member moved to read by title only, and set July 2, 1996 as a Public Hearing date, (proposed) Ordinance No. 690 (amending the restated City of Okeechobee Municipal Police Officers' Pension Trust Fund); seconded by Council Member - City Attorney (Exhibit 3). VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION: `CARRIED DENIED DISCUSSION: Attorney Cook read proposed Ordinance No. 690 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE RESTATED CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND AS ADOPTED BY ORDINANCE NO. 657; AMENDING THE DEFINITIONS OF "CREDITED SERVICE", "MEMBER", "POLICE OFFICER" AND "SALARY" AND ADDING THE DEFINITIONS OF "RETIREE" AND "RETIREMENT"; AMENDING SECTION 2, MEMBERSHIP; AMENDING SECTION 3, BOARD OF TRUSTEES; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT, AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY, AMENDING SECTION 8, DISABILITY, AMENDING SECTION 9, VESTING; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 12, CLAIMS PROCEDURES; AMENDING SECTION 13, REPORTS TO DEPARTMENT OF INSURANCE; AMENDING SECTION 16, MAXIMUM PENSION; DELETING SECTION 17, COMMENCEMENT OF BENEFITS; AMENDING SECTION 18, DISTRIBUTION OF BENEFITS; AMENDING SECTION 19, MISCELLANEOUS PROVISIONS; AMENDING SECTION 20, REPEAL OR TERMINATION OF SYSTEM; AMENDING SECTION 22, PENSION VALIDITY, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." b. Council Member moved to approve the firs7feading of (proposed) Ordinance No. 690; seconded by Council Member. VOTE: YES NO ABSENT KIRK CHANDLEICARRI O'CONNO OLIVER WATFORD MOTION:/DENIED DISCUSSION: & /&�t" a­c� tow.,-= 1 5. a. Council Member moved to ready by title only, and set July 2, 1996 as a Public Hearing date, (proposed) Ordinance No. 691 (amending the City of Okeechobee Municipal Firefighters' Pension Trust Fund); seconded by Council Member VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD _ MOTION: CARRIED/DENIED DISCUSSION: Attorney Cook read proposed Ordinance No. 691 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE RESTATED CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, AS ADOPTED BY ORDINANCE 656 OF THE CITY OF OKEECHOBEE; AMENDING THE DEFINITIONS OF "CREDITED SERVICE", "MEMBER" AND "SALARY" AND ADDING THE DEFINITIONS OF "RETIREE" AND "RETIREMENT"; AMENDING SECTION 2, MEMBERSHIP; AMENDING SECTION 3, BOARD OF TRUSTEES; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 9, VESTING; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS- AMENDING SECTION 12, CLAIMS PROCEDURES; AMENDING SECTION 13, REPORTS TO DEPARTMENT OF INSURANCE; AMENDING SECTION 16, MAXIMUM PENSION; DELETING SECTION 17, COMMENCEMENT OF BENEFITS; AMENDING SECTION 18, DISTRIBUTION OF BENEFITS; AMENDING SECTION 19, MISCELLANEOUS PROVISIONS; AMENDING SECTION 20, REPEAL OR TERMINATION OF SYSTEM; AMENDING SECTION 22, PENSION VALIDITY; PROVIDING FOR THE PURCHASE OF CREDITED SERVICE FOR SEPARATION FROM EMPLOYMENT FOR MILITARY SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." b. Council Member -+fl moved to 76) rove the first reading of proposed Ordinance No. 691; seconded byCouncil Member VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION: CARRIED ENIED III DISCUSSION: 6. Discuss Fire Truck Bids - Fire Chief (Exhibit 5). Alzel, 44-1 wu� - U Z7 4 !o ,yC�vc�..�� CITY OF OKEECHOBEE 06/18/96 REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES A. Call meeting to order- `71 i B. Invocation:, i` ; Pledge: j) t� ,J t C. Mayor & Council attendance: PRESENT ABSENT Mayor Kirk Councilman Chandler Councilman O'Connor y' Councilman Oliver Councilman Watford . Attorney Cook Administrator Drago Clerk Thomas Deputy Clerk Gamiotea L �`� D. Council Member 1�' moved to dispense with the reading and approve the Summary t of Council Action for the Regular Meeting of May 211996 and the Workshop Meetings of May 20 and June 10„ 1996; seconded by Council Member r .I VOTE: YES NO ABSENT KIRK t, CHANDLER v- O'CONNOR OLIVER WATFORD MOTION: CARRIED/DENIED DISCUSSION- E. Council Member moved to approve Warrant Registers for April, 1996 in the amount t of four hundred eighty-six thousand, one hundred sixty-five dollars, four cents ($486,165.04); seconded by Council Member,C VOTE: YES NO ABSENT KIRK CHANDLER �- O'CONNOR OLIVER WATFORD MOTION: CARR Ei)/DENIED DISCUSSION. - REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S " �` AGENDA. F. NEW BUSINESS 1. Presentation of Proclamations - Mayor Kirk "WHEREAS, the City of Okeechobee has more than 80 licensed Amateur Radio operators who have demonstrated their value in public assistance by providing emergency radio communications; and WHEREAS, Governor Lawton Chiles, (who lauded the contribution to the public welfare by amateur radio operators, who relayed emergency messages around the world, during and after hurricane Andrew), decreed Amateur Radio "The Official Emergency Communication Resource" for Florida; and WHEREAS, these Amateur Radio Operators donate these services free of charge to the City, in the interest of the citizens of the City as well as the world; and WHEREAS, this year's Amateur Radio Field Day will take place on June 22 and 23, 1996; NOW, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, hereby declare the week of June 17-23, 1996 as "AMATEUR RADIO WEEK" In recognition of this important emergency preparedness exercise, and call upon all citizens to pay appropriate tribute to the American Radio of our City." i � r i- "WHEREAS,,KIWANIS- is a worldwide voluntary service organization with members working together to achieve what individuals cannot do along; and WHEREAS, the motto of(KIWANIS is "We Build" with major emphasis on "Young Children, Priority One"; and S. Club was founded on June 17, 1971 with 25 charter WHEREAS, the Okeechobee<KIWANI members; and WHEREAS, the Okeechobee Kiwanis Club was the first service organization to give scholarships to graduating high school students: and WHEREAS, through the years the Okeechobee Kiwanis Club has sponsored or supported many civic and youth activities; NOW, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, proclaim the week of June 17, 1996 as "Okeechobee Kiwanis Club Week" in honor of the Club's 25th Anniversary and encourage all citizens to participate in future Club activities." 2 2. Council Member P6l_:: moved to approve a (1995) Sidewalk Improvement Contract with K&K Construction, Inc. of Okeechobee (the low bidder) in the amount of sixty-seven thousand, six hundred thirty-one dollars, sixty-five cents ($67,631.65) (as recommended by Engineer Kafer of Lawson, Noble and Webb, Inc.); seconded by Council Member f �t - City Administrator (Exhibit 1). VOTE: DISCUSSION - YES NO ABSENT KIRK CHANDLER _ O'CONNOR OLIVER WATFORD MOTION: CARRIED/ -DENIED 3 3. Council Member moved to approve a three year Auditing Contract with J.D. Gilbert and Co. in the amount of thirty-six thousand dollars ($36,000.00) ffeptie-#-ice-yeaF, optional two additional years $26,000 each, as recommended by Administrator Drago), seconded by Council Member f'�v - City Administrator (Exhibit 2). VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION: CARRIED/.DENIED DISCUSSION: { y� 1 J v ` v J C' C - � � �' \.� v .- �.__ �- >� t `� _ L _ �• _ �'-vim =� � i t , c M 4. a. Council Member w:� moved to read by title only, and set July 2, 1996 as a Public Hearing date, (proposed) Ordinance No. 690 (amending the restated City of Okeechobee Municipal Police Officers' Pension Trust Fund); seconded by Council Member i * - City Attorney (Exhibit 3). VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION: ARRIO/DENIED DISCUSSION: Attorney Cook read proposed Ordinance No. 690 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE RESTATED CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND AS ADOPTED BY ORDINANCE NO. 657; AMENDING THE DEFINITIONS OF "CREDITED SERVICE", "MEMBER", "POLICE OFFICER" AND "SALARY" AND ADDING THE DEFINITIONS OF "RETIREE" AND "RETIREMENT"; AMENDING SECTION 2, MEMBERSHIP, AMENDING SECTION 3, BOARD OF TRUSTEES; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT, AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY, AMENDING SECTION 8, DISABILITY- AMENDING SECTION 9, VESTING; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 12, CLAIMS PROCEDURES; AMENDING SECTION 13, REPORTS TO DEPARTMENT OF INSURANCE; AMENDING SECTION 16, MAXIMUM PENSION; DELETING SECTION 17, COMMENCEMENT OF BENEFITS; AMENDING SECTION 18, DISTRIBUTION OF BENEFITS - AMENDING SECTION 19, MISCELLANEOUS PROVISIONS; AMENDING SECTION 20, REPEAL OR TERMINATION OF SYSTEM; AMENDING SECTION 22, PENSION VALIDITY,- PROVIDING FOR SEVERABILITY OF PROVISIONS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." _ b. Council Member tom*= moved to approve the firs reading of (proposed) Ordinance No. 690; seconded by Council Member VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION: CARRIED/DENIED 5 DISCUSSION: A.W { r J J t A l 5. a. Council Member>t moved to ready by title only, and set July 2, 1996 as a Public Hearing date, (proposed) Ordinance No. 691 (amending the City of Okeechobee Municipal Firefighters' Pension Trust Fund); seconded by Council Member V)� VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION: -6RIED�,bENIED DISCUSSION: Attorney Cook read proposed Ordinance No. 691 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE RESTATED CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, AS ADOPTED BY ORDINANCE 656 OF THE CITY OF OKEECHOBEE; AMENDING THE DEFINITIONS OF "CREDITED SERVICE", "MEMBER" AND "SALARY" AND ADDING THE DEFINITIONS OF "RETIREE" AND "RETIREMENT"; AMENDING SECTION 2, MEMBERSHIP; AMENDING SECTION 3, BOARD OF TRUSTEES; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 9, VESTING, AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 12, CLAIMS PROCEDURES; AMENDING SECTION 13, REPORTS TO DEPARTMENT OF INSURANCE; AMENDING SECTION 16, MAXIMUM PENSION; DELETING SECTION 17, COMMENCEMENT OF BENEFITS; AMENDING SECTION 18, DISTRIBUTION OF BENEFITS. AMENDING SECTION 19, MISCELLANEOUS PROVISIONS; AMENDING SECTION 20, REPEAL OR TERMINATION OF SYSTEM, AMENDING SECTION 22, PENSION VALIDITY; PROVIDING FOR THE PURCHASE OF CREDITED SERVICE FOR SEPARATION FROM EMPLOYMENT FOR MILITARY SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." b. Council Member V k moved to approve the first reading of proposed Ordinance No. 691; seconded by Council Member (' . VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION: ARRlE�ENIED I DISCUSSION: 6. Discuss Fire Truck Bids - Fire Chief (Exhibit 5). v I q) zjl( (JUL, tJ V.J G J LA i 7 et i /x, L ;kv, E -1 LNW Lawson, Noble 8r Webb, Inc. ENoiNEEns • PLANNFRS • SURVEYORS May 29, 1996 City of Okeechobee 55 S.E. Third Avenue Okeechobee, Florida 34974 Attn: Mr. Chuck Elders Re: CITY OF OKEECHOBEE 1995 SIDEWALK IMPROVEMENTS L.N. & W. Project No. 94-282 Dear Mr. Elders: I have reviewed the bid tabulations submitted by the bidding contractors have made minor corrections. Otherwise, the bids appear to be in order. Therefore, I recommend that the City of Okeechobee enter into a contract with the low bidder, K & K Construction, Inc. for this project. The low bid of $67,631.35 is less than the engineers estimate and considered to be an unweighted and valid bid. If you have any questions or if I can be of further assistance, please call. Sincerely, iristopi Kaaf r, Jr P: Project anagerl CJK:jhj JHJ\RDWY\94-282\ELDERS.529 LAWSON, NoeLE & WEee, INC. 420 Columbia Drive • West Palm Beach, FL 33409 • (407) 684-6686 • Fax (407) 684-1812 LAWSON, NOBLE & AssoclAaFs 590 NW Peacock Boulevard, Suite 9 • Port St. Lucie, FL 34986 • (407) 878-1700 • Fax (407) 878-1802 Cl) n m N m U, 0 -1 -� -I rrt O z m O U) p �u n m K (n I u -1 cn -i cn < Z m C r+ CD � < (D M p 3 m rr� C =* ro ? :2 0< :3 �_ 0 (o ? a 0 m C m (° p `i �7 (° x- (0 (D� <0 0 cn (0 (D� y � �' o 0(l N N O m O O j m o' y o' (n v, Ul G) 0 a p 0 m CD N O (n C (nO -1 �, o o' D Ut U) -1 D D 7 rn `� -1 D to (o a) c7) A m rt O r _. a (D 5. C)_ � .. D -� m c, J x J- U- O D < � p r m CZ C = m 'U Cl)n n (n (n (n ( n (n CO m z 'p < < < < -A O m (D i': c m (w N W o CV)!� cD n (� D N m C z_ mz --IG7 N N cD Uri N N (D :U z O o 0 Ul 0 Ul 0 U, 0 c) m m m (n m x m N - J N N J J M nl W J J Q7 Ul A Q) (D W J -rl Q) co Ul (D N CD N J O) n z m 0 D (b Q) O J U, CD N N A U1 m O O O O O 0 (11 0 Ul 0 Ul 0 O 0 Ul 0 Ul O o — m C z C) O N N 'D z O (D O Q) O (D O (Jl J Cll Ul -� O N O J Ul Ul Ul (D N O n rl, --AUl x 7N C n R� m O f W m z W Q) W Cl) A m W N W 0o W ) O) 00 O 00 N 0o P n z m o z W Q) tD W A co Q) — P J m O O Ut O to O O N O W Ul Ul O (n Ut - O N O C z -1 n N N N N Z M n _I ZZ J m O C)0 O (D o J cn O C)0 O O 0 m D x n D - xx z 0 m O O _ z o Z rn No J Um O cn W w W to M J iD N Ul (3) G) m (D P cD T� w O O O W N W (D O) W W CD C"m O C)0 O O 0 O O (n O W O O O O O O O n rTl -D m to (D N 0 z cnuu n Z W N N W N cv N W 0- 0 -n O rn - U) m K cn -t o -1 cn -I U) z m c zT � a =7 c �* zr � n �: n m o� BCD F� �� �7C) �ro Z X� U x : m C7 ro ° ro m m = to y N to fm O yy 7c- N Oo mO O N O to O tN O d O O 0 p VI p (Ail t— a G) c H D G) n n n W 0 al 0 0 p cv o p p' _ 4 Cfl N > > > m N > > 0 (n D crl rn � C D to m m O z D � z � Cn Cf) M � A M U) m C: Z 'UU) 70 C m m C p i�: m N C rn Ul 00 --• N to O O P O (31 O O D Z z ---� CO 00 00 A of P -J W -{ C z m _� z G7 Cn N N tD W N N tD -o ]0 Z U1 ul Ul Ul Ul Ul m 0 0 0 0 0 O rn m Ln rT) m L7 J -� U1 W to Cl)to coCD -u � m rn 4, O to cn n Z �! N O O (W (3) CO to co Ul m C) > OO (n m p P Cl) C)N c0 rn .' O 0 O O O O O O Ut Cn m 0 O O O 0 O O O o O c z 0 O N N -v z O CD O U1 O to O Cn 0 En V Cn n - Ul Cn O O Ul Ol O O m C 0 R° [Tl O (n P N 0) J W Ul -D m z Cn W C.)W Cn 00 �l _� C) z N Cn O G) O O to to -P� m U z co CP A 00 Ul m 0 Cn O CD (p CO Ul Ul N A U O O O O O O O O O O C z -1 0 0 O W W CD O N W to A Z'"� z Ccn o 0 o Ul 0 0 0 " D 7�0 n D — Mr- X I z (� O CC)m Z Z O 00 .p P. � Ul Ut N O Cn --� •A •P co rn t) � O •P Co N cn 0 � O O O O O Ul Cn O O O n 0 0 0 0 O O o O O o rn Z O m x v P co N r v m p N W 5 Z � W _N Ul = C7 Cf) -I _ m rtl m z C m m z C m m -< G O m p D z c :13 r- m O = O Z _ D < m N c� -� --A x C m N N = m -� m �o m -mi 4 00 to co N N J J cn N N J J cn W A W Ut cn 0 o 0 0 0 o 0 in 0 J -U) U1 N In W � � c071 W (cn 0 0 o m -(rr 00 4 can rn w rn O —� Ui p O O (Jl O Un O Ul O m --i m Z 0 m O (7 m m x m z 0 m 0 7U (7 m m m z a C7 m -G O m O m rn 0 O W m m w w m m D r v 0 m m z —i m z O z m m :o m U) --1 rn 0 0 z cn -i :lj� C (7 Ro O z 0 0C) Z m Z D m n z (� O O Oz O U) CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: June 13, 1996 SUBJECT: Auditing Bids FROM: John J. Drago, City Administrator The City advertised in the Okeechobee News and the Fort Pierce Tribune for auditing bids. The City also mailed advertisements to all the CPA firms in Okeechobee. The State changed its rules on how cities can obtain auditing services. In the past, cities had to use the Request for Proposal method. With the new rule changes, the City was able to bid the services and ask for a fixed price. In doing some research to ascertain why more firms did not bid, I found that because of the rule changes on bidding, the ever -changing auditing laws from the State and Federal govemments, the hiring and training of qualified people, the size of the account, and the amount of profit margin, most firms are shying away from local government business. JJD:nb BID TABULATION SHEET FIN-01-32-05-96 J.D. GILBERT & COMPANY, CPA'S - Three Year Fixed Contract - S36.000.00 Option: Two Additional Years - S26,000.00 Total S62,000.00 E-3 ORDINANCE NO. 690 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE RESTATED CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND AS ADOPTED BY ORDINANCE NO. 657; AMENDING THE DEFINITIONS OF "CREDITED SERVICE", "MEMBER", "POLICE OFFICER" AND "SALARY" AND ADDING THE DEFINITIONS OF "RETIREE" AND "RETIREMENT"; AMENDING SECTION 2, MEMBERSHIP; AMENDING SECTION 3, BOARD OF TRUSTEES; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT, AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY, AMENDING SECTION 8, DISABILITY; AMENDING SECTION 9, VESTING; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 12, CLAIMS PROCEDURES; AMENDING SECTION 13, REPORTS TO DEPARTMENT OF INSURANCE; AMENDING SECTION 16, MAXIMUM PENSION; DELETING SECTION 17, COMMENCEMENT OF BENEFITS; AMENDING SECTION 18, DISTRIBUTION OF BENEFITS; AMENDING SECTION 19, MISCELLANEOUS PROVISIONS; AMENDING SECTION 20, REPEAL OR TERMINATION OF SYSTEM; AMENDING SECTION 22, PENSION VALIDITY; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, SECTION 1. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 1, DEFINITIONS by amending the definitions of "Credited Service", Member", "Police Officer" and "Salary" and by adding the definitions of "Retiree" and "Retirement", to read as follows: Credited Service means the total number of years and fractional parts of years of service as a Police Officer with Member contributions to the Syst when required, omitting intervening years or fractional parts of years when such Pollee Gffie r Member fflay not be was not employed by the City as a Police Officer. A Paliee ^ffiee- Member may voluntarily leave his contribution in the Fund for a period of five (5) years after leaving the employ of the Police Department pending the possibility of being rehired reemployed as a Police Officer, , without losing credit for the time that he was a Member of the System. If the Pee e Offie,,~ Member who left the employ of the Police Department should not be reemployed as a Police Officer within five (5) years, then the Accumulated Contributions will be returned upon the his written request of the Nleffl ~. The years or fractional parts of years that a Police Officer serves in the military service of the Armed Forces of the United States or the United States Merchant Marine, voluntarily or involuntarily, after separation from employment as a Police Officer with the City for the purpose of going on active duty, shall be added to his years of Credited Service, for all purposes, including vesting, pursuant to conditions that are required or permitted under state and federal law, as amended from time to time, provided that the Police Officer must return to his employment as a Police Officer within one (1) ,year from the date of his military discharge or release from active service under honorable conditions. , A. The P liee Of o~ ,,, ,rt _~ot.,fn to his p ,... ent n lie O f ~ z1�ZZG-r-va�-vrnccr-rizus�rc[uzzr-ry inJ- criipro�-rrrcrlc-us�i vu�.c. v11x�,a,I diseh B The D,.1:ee Offieer- depe.;ts into the Fund the ,AIiJCIithat A1L11bef- Member means an actively employed Police Officer who fulfills the prescribed off membership requirements. Benefit improvements which, in the past, have been 2 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 specificallyprovides to the contrary. Police Officer means an actively employed full-time person, employed by the City, including his initial probationary employment period, who is certified as a Police Officer as a condition of employment in accordance with the provisions of §943.4-41395, Florida Statutes, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of the State of Florida. Salga means the total sty compensation for services rendered to the City as a Police Officer reported on the Pe e Offie Member's W-2 form plus all tax deferred and tax exempt items of income. Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code shall be disregarded. 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 be inning after December 31, 1995. Retiree means a Member who has entered Retirement Status. Retirement means a Member's separation from Ci employment with eli ig bility for immediate receipt of benefits under the System. SECTION 2. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 2, MEMBERSHIP, to read as follows: 3 SECTION 2. MEMBERSH[P. 1. Conditions of Eligibility. A. All Police Officers as of the Effective Date, and all future new Police Officers, shall become Members of this System as a condition of employment. B. All future new Police Officers shall be required to complete a medical examination as prescribed by the City. any Nlembef: ineligible for- disability befiefits hefeundef, as felated to sueh pr-e- existing -e9iidition..Zzr"-h deelEffatien shasbezenc " mace minutes of the —fnee —ef- the Beafd at—w ieh sueh deelafatien was 2. Membership. Each Police Officer shall complete a form prescribed by the Board providing for the , B- Ddesignation of a Beneficiary or Beneficiaries;_ 3. Change in Designation of Beneficiary. A Member may from time to time change his designated Beneficiary by written notice to the Board upon forms provided by the Board. Upon such change, the rights of all previously designated Beneficiaries to receive any benefits under the System shall cease. SECTION 3. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 3, BOARD OF TRUSTEES, subsections 5.H. and 5.I., to read as follows: i! 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. I. To perform such other duties as are speeified in this efdinan required to prudently administer the System SECTION 4. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 4, FINANCES AND FUND MANAGEMENT, subsection 6.B.(5), to read as follows: (5) Bonds, stocks, commingled funds administered by National or State Banks or evidences of indebtedness 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, provided that the security of the corporation is traded on a nationally recognized exchange and holds a rating or ranking in one of the three highest classifications by a major rating or ranking service, and if such investments are made in a peeled commingled fund administered by a state or national bank, then the rating or ranking of each issue in the peeled commingled fund shall hold a rating or ranking within the top three (3) rating classifications of a major rating service and no foreign investments shall be permitted in the peeled commingled fund, or otherwise. SECTION 5. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending 5 Section 6, BENEFIT AMOUNTS AND ELIGIBILITY, subsection 2., Normal Retirement Benefit, to read as follows: 2. Normal Retirement Benefit. A Member retiring hereunder on or after his normal retirement date shall receive a monthly benefit which shall commence on his ..eti fe..._ ent date the first day of the month 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 three percent Q %) of Average Final Compensation, for each year of Credited Service. SECTION 6. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 8, DISABILITY, to read as follows: SECTION 8. DISABILITY. 1. Disability Benefits G4ijn-Line-of Duty. Any Member who shall have become totally and permanently disabled while a; aetive Mefnbef ef the to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer, which disability was directly caused by the performance of his duty as a Police Officer, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension determined in the same manner as for early retirement as set forth in Section 6, subsection 4B, but in any event, the minimum amount paid to the Member shall be forty-two percent (42 %) of the Average Final Compensation of the Member. 2. In -Line of Duty Presumptions. A. Presumption. Any condition or impairment of health of a Pehee Offieer Member caused by tuberettlesis, hypertension or heart disease M shall be presumed to have been suffered in line of duty unless the con- trary is shown by competent evidence, provided that such Police Officer shall have successfully passed a physical examination upon entering into such service, including cardiogram, which examination failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benefits payable or granted in a policy of life insurance or disability insurance. B. Additional Presumption. The presumption provided for in this subpara- graph B. shall apply only to those conditions described in this subpara- graph B. that are diagnosed on or after January 1, 1996. tD Definitions. As used in this subsection 2.B., the following definitions apply: Lal "Body fluids" means blood and body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of blood -borne pathogens, as established by the Centers for Disease Control, apply. For purposes of potential transmission of meningococcal meningitis or tuberculosis, the term "body fluids" includes respiratory, salivary, and sinus fluids, including droplets, sputum, and saliva, mucous, and other fluids through which infectious airborne organisms can be transmitted between persons. b) "Emergency rescue or public safety Member" means any Member employed full time by the City as a firefighter, paramedic, emergency medical technician, law enforce- ment officer, or correctional officer who in the course 7 of employment, runs a high risk of occupational exposure to hepatitis, meningococcal meningitis, or tuberculosis and who is not employed elsewhere in a similar capacity. However, the term "emergency rescue or public safety Member" does not include any person employed by a public hospital licensed under Chapter 395, Florida Statutes, or any person employed by a subsidiary thereof. Lc� "Hepatitis" means hepatitis A, hepatitis B. hepatitis non - A, hepatitis non-B, hepatitis C, or any other strain of hepatitis generally recognized by the medical community. "High risk of occupational exposure" means that risk that is incurred because a person subiect to the provisions of this subsection, in performing the basic duties associated with his employment: i. Provides emergency medical treatment in a non - health -care setting where there is a potential for transfer of body fluids between persons; ii. At the site of an accident, fire, or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or out of containers or works with or otherwise handles needles or other sharp instru- ments exposed to body fluids; iii. Engages in the pursuit, apprehension, and arrest of law violators or suspected law violators and, in performing such duties, may be exposed to body fluids; or iv. Is responsible for the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, while on work detail outside the facility, or while being` transported and, in performing such duties, may be exposed to body fluids. Le� "Occupational exposure," in the case of hepatitis, meningococcal meningitis, or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection. Presumption. Any emergency rescue or public safety Member who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the Member must, by written affidavit as provided in Section 92.50, Florida Statutes, verify by written declaration that, to the best of his knowledge and belief: (a) In the case of meningococcal meningitis, in the 10 days immediately preceding diagnosis he was not exposed, outside the scope of his employment, to any person known to have meninaococcal meningitis or known to be an asymptomatic carrier of the disease. Q2 In the case of tuberculosis, in the period of time since the Member's last negative tuberculosis skin test he has not been exposed, outside the scope of his employment to any person known by him to have tuberculosis (3) Immunization. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a presume= tion is Granted under this section, if medically indicated in the Oven circumstances pursuant to immunization policies estab- lished by the Advisory Committee on Immunization Practices of the U.S. Public Health Service, an emergency rescue or public safety Member may be required by the City to undergo the immunization or prophylaxis unless the Member's physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the Member's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety Member to undergo such immunization or prophylaxis disqualifies the Member from the benefits of the presumption. Record of Exposures. The City shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety Member in its employ to the disease described in this section and shall immediately notify the Member of such exposure. An emergency rescue or public ME safetv Member shall_ file an incident or accident report with the City of each instance of known or suspected occupational exposure to hepatitis infection, meningococcal meningitis or tuberculosis. Required medical tests; preemployment physical. In order to be entitled to the presumption provided by this section: Lal An emergency rescue or public safety Member must, prior to diagnosis, have undergone standard, medically acceptable tests for evidence of the communicable disease for which the presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate the presence of infection, or, in the case of hepatitis infection, shall have banked serum for future testing, which future tests fail to reveal evidence of infection. This paragraph does not apply in the case of meningococcal meningitis. 2� On or after June 15, 1995, an emergency rescue or public safety Member may be required to undergo a preemployment physical examination that tests for and fails to reveal any evidence of hepatitis or tuberculosis, 23. Disability Benefits 9f€-Not-in-Line of Duty. Any Member with five (5) years or more Credited Service who shall ltfi-ye become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Police Officer, which disability is not directly caused by the performance of his duties as a Police Officer shall. upon establishing 11 the same to the satisfaction of the Board, be entitled to a monthly pension determined in the same manner as for early retirement as set forth in Section 6, subsection 4B, but in any event, the minimum amount paid to the Member shall be twenty-five percent (25 %) of his Average Final Compensation. 34. Conditions Disqualifying Disability Benefits. Each n liee Offieef 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 Police Officer with the City Okeechobee shall have terminated. F. Willful, wanton or intentional misconduct or gross negligence of the Member. G. Injury or disease sustained by the Peliee Gffi Member while working for anyone other than the City and arising out of such employment. H. A condition pre-existing the Police Officer's membership in the System. No Member shall be entitled to a disability pension, whether in line of duty or not in line of duty, 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, 12 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. 45. Physical Examination Requirement. A n,..liee O ffi - f 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 Pell e O ffte r- Retiree receiving disability benefits under provisions of this ordinance may be periodically re-examined 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 Police Officer, the Board shall recommend to the City that the Retiree be returned to performance of duty as a Police Officer, and the Retiree so returned shall enjoy the same rights that Member 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, Member- he shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Peliee O€fieer Member claiming andi r the Retiree receiving disability benefits shall be borne by the Fund. All other reasonable costs as determined by the Board incident to the physical 13 examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund. If the Pell e Offi Retiree recovers from disability and reenters the service of the City as a Police Officer, his service shall be deemed to have been continuous, and the period for which Member received a disability retirement income shall be Credited Service for purposes of the System. If the P liee Of ,. Retiree fails to reenter the service of the City as a Police Officer within thirty (30) days from the date the Board determines 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 Police Officer, the xZs Retiree's future benefits shall be determined as though he initially terminated employment on the date the Board determined that he was permanently and totally disabled to the extent that he was unable to render useful and efficient service as a Police Officer. The Board shall have the power and authority to make the final decisions regarding all disability claims. -S6. 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 Paliee OffRetiree recovers from the disability prior to his normal retirement date, the payment due next preceding the date of such recovery, or B. If the Pee e Offie f Retiree dies without recovering from disability or attains his normal retirement date while still disabled, the payment due 14 next preceding his death or the 120th monthly payment, whichever is later. 67. Workers' Compensation. When a Member 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 fii:Hd average monthly Sam wage, as defined in Chapter 440, Florida Statutes, excluding overtime, the disability pension benefit shall be reduced so that the total monthly amount received by the Member does not exceed 100 % of such Salffy 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 7. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 9, VESTING, to read as follows: SECTION 9. VESTING. If a Member terminates his employment with the Police Department, 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 ten (10) 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 ten (10) or more years of Credited Service upon termination, the Member shall be entitled to a monthly retirement benefit that is the AetuafiEd ,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, 15 payable to him commencing at the Member's otherwise normal or early retirement date, provided he does not elect to withdraw his Accumulated Contributions and provided the Member survives to his 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. 3. Any P,-.': e O ffie f vested Member of the System whose position is terminated, for whatever reason, but who remains employed by the City in some other capacity, shall have all retirement benefits accrued up to the date of such termination under this System preserved, provided he does not elect to withdraw his Accumulated Contributions from this System. Such accrued retirement benefits shall be payable at his otherwise early (reduced as for early retirement) or normal retirement date hereunder, or later, in accordance with the provisions of this System; provided further, however, that benefits shall not be payable under this System during any period of continued employment by the City. SECTION 8. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 10, OPTIONAL FORMS OF BENEFITS, subsection LA, to read as follows: A. A retirement income of a modified monthly amount, payable to the wee 0 Member during the lifetime of the Peliee Offi� Member and following the death of the P liee Offie,,,., 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 present value of payments to the Retiree shall not be less than fifty percent 50%) of the total present value of payments to the Retiree and his joint pensioner. 16 SECTION 9. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 12, CLAIMS PROCEDURES, to read as follows: SECTION 12. CLAIMS PROCEDURES. u ilestv en fnattefs whieh affeet the substantial fig n Nifieflibefs, of any per-sonv >ineludifig , T-fustees. --nin-. in -nil On I 17 i iIN woIWo. i :. i :•• i ••""• i""." w i :•NO w i i :. .• ifleludifig ifleludifig f eft is NO- i�.�, in H 3. F„11 .. 3. -::- :: :.� :.• .- :-mKINEARN:... Mr imp • w NMI :---. -WIN i • • •• :.• Mr. orplon INS • _ - - �-.r-qmvMqmrTm"M • i 19 ..- ..- ... . .. . . . .. ... ... .. .. ... . ­ MM .: :.- M NVEIMETM �. - - M- W, in WNW 20 ry � 9f �775.083 i"2Vf��e� 7 €tom-ea}g by be Member- ) e3feept as pfevided 7 shaH eft the seeking te sh 7 f feeef .... . ... . . .. . .... . . . . . . . ... ... . . . .. . .. . . .. . .. ... . . .. . ..... . . . ..... ! V.WA u. ... . . . . . . . • � j Lts 21 r ini i.i. ov:Ruw 22 Either the Claimant the Beafd Attafney have er e eijenee-Fe}eintte the issues, to shaH efess-x��qtnesrses, the fight te to fifteen (15) minutes. .�. 23 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 anv oroceedinEs provided for in the Board's claims procedures. The Claimant may request in writing the issuance 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 10. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 13, REPORTS TO DEPARTMENT OF INSURANCE, to read as follows: SECTION 13. REPORTS TO DEPARTMENT OF INSURANCE DIVISION OF RETIREMENT. Each year and no later than March 15th, the Chairman of the Board shall file a report with the Division of Retirement containing the following: 1. Whether in fact the Munieipali City is in compliance with the provisions of Chapter 185, Florida Statutes. 24 2. A certified statement of accounting for the most recent fiscal year of the Munieipality C—i ' (or an independent audit by a certified public accountant if required by the Department of Insurance Division of Retirement) showing a detailed listing of assets and methods used to value them and a statement of all income and disbursements during the year. Such income and disbursements shall be reconciled with the assets at the beginning and end of the year. 3. A statistical exhibit showing the number of Police Officers on the force of the Muftieipality Cam, the number included in the System, the number of Police Officers ineligi- ble, classified according to the reasons for their being ineligible, and the number of dueled and feti ed Peliee r`ffeer-9 Retirees and their Beneficiaries receiving pension payments and the amounts of annual retirement income or pension payments being received by them. 4. A statement of the amount the Cit, y has contributed to the Fund for the preceding plan year, and the amount the Ci ' will contribute to the Fund for the current plan year. 5. If any benefits are insured with a commercial insurance company, the report shall include a statement of the relationship of the insured benefits to the benefits provided by this ordinance. This report shall also contain information about the insurer, basis of premium rates, mortality table, interest rates and method used in ,,alttatifig valuing retirement benefits. 6. The actuarial valuation of the System as provided for in Section 3. Such valuation shall be prepared by an enrolled actuary who is enrolled under Subtitle C of Title 3 of the Employee Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries or the American Academy of Actuaries. SECTION 11. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 16, MAXIMUM PENSION, subsection 9.B., to read as follows: 25 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 another System or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. SECTION 12. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by deleting Section 17, COMMENCEMENT OF BENEFITS, in its entirety. SECTION 13. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 18, DISTRIBUTION OF BENEFITS, subsection 2.C., to read as follows: C. Such distribution begins within one year of the Member's death unless the Member's Spouse, issue ef dependent shall receive the remaining interest in which case the distribution need not begin before the date on which the Member would have attained age 70-1 /2 and if the Spouse, issue-er- dependent dies before the distribution to the Spouseosue-er dependent begins, this Section shall be applied as if the Spouse, issue er-depefident were the Member. SECTION 14. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 19, MISCELLANEOUS PROVISIONS, to read as follows: 26 SECTION 19, MISCELLANEOUS PROVISIONS. 1. Interest of Members in System. At no time prior to the satisfaction of all liabilities under the System with respect to Retirees and 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. IMIA '- : : : ... : .......... - ..- :.• : •• . i N ....... NT S •• •. 27 ing the Fund in existenee and making pfevisiefts thereunder- fef Pe benefits, ef by if�ediate-distributienfr-e-„ he Fund-���Jere€ b ) the-aHaeatien e€-the- asp e€- the Fund - in aeeefdanee with theasset ) vaiianee have been, or Effe being, ebtained. 32. 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. NM 3. Qualification of System. It is intended that the System will constitute a qualified pension plan under the applicable provisions of the Code as now in effect or hereafter amended. Any modification or amendment of the System may be made retroactively, 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. SECTION 15. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 20, REPEAL OR TERMINATION OF SYSTEM, subsections 3.A., 3.B., and 3.D., to read as follows: A. Apportionment shall first be made in respect of each retir"a '�-Peliee, Offieer Retiree receiving a retirement or disability benefit hereunder on such date, each person receiving a benefit on such date on account of a retired or disabled (but since deceased) D,. liee O ffi . Member, and each Pelie , nFfieef- Member who has, by such date, become eligible for normal retirement but has not yet retired, an amount which is the Actuarial Equivalent of such benefit, based upeft the aetuflflEd provided that, if such asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. 29 B. If there be any asset value remaining after the apportionment under paragraph A, apportionment shall next be made in respect of each Pehee O f Member in the service of the City on such date who ha7s eempleted at barest to f (1 0) f (� dit d C` r ��� w•• �-�� y� is vested and who is not entitled to an apportionment under paragraph A, in the amount required to provide the Actuarial Equivalent; s aesewbea in ^ abeve, of the vested portion of the accrued normal retirement benefit(but not less than Accumulated Contributions), based on the Credited Service and Average fnenthly eaffiiiigs Final Compensation as of such date, and each vested former Member then entitled to a deferred benefit who has not, by such date, begun receiving benefit payments, in the amount required to provide said Actuarial Equivalent of the vested portion of the accrued normal retirement benefit (but not less than Accumulated Contributions), provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. C. D. If there be any asset value remaining after the apportionments under paragraphs A, B, and C, apportionment shall lastly be made in respect of each Peliee O ,. Member included in paragraph C above to the extent of the Actuarial Equivalent, of the non -vested accrued normal retirement benefit, less the amount apportioned in paragraph C, based on the Credited Service and Average Final Compensation as of such date, provided that, if such remaining asset value be less than the aggregate of the amounts 30 apportioned hereunder, such amounts shall be reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. SECTION 16. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, is amended by amending Section 22, PENSION VALIDITY, to read as follows: SECTION 22. 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. Said Board is empowered to purge or correct the pension rolls of any person heretofore granted a pension under prior or existing law or any person hers 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 17: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 18: 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 19: That this Ordinance shall become effective upon adoption. 31 Introduced on first reading and set for public hearing this day of . 1996. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk 1996. Passed on second reading after public hearing this day of ATTEST: Bonnie S. Thomas, CMC, City Clerk 32 James Mayor E-4 ORDINANCE NO. 6 91 X AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, AS ADOPTED BY ORDINANCE 656 OF THE CITY OF OKEECHOBEE; AMENDING THE DEFINITIONS OF "CREDITED SERVICE", "MEMBER" AND "SALARY" AND ADDING THE DEFINITIONS OF "RETIREE" AND "RETIREMENT", AMENDING SECTION 2, MEMBERSHIP; AMENDING SECTION 3, BOARD OF TRUSTEES; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 8, DISABIL=; AMENDING SECTION 9, VESTING; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 12, CLAIMS PROCEDURES; AMENDING SECTION 13, REPORTS TO DEPARTMENT OF INSURANCE; AMENDING SECTION 16, MAXEVIUM PENSION; DELETING SECTION 17, COMMENCEMENT OF BENEFITS; AMENDING SECTION 18, DISTRIBUTION OF BENEFITS; AMENDING SECTION 19, MISCELLANEOUS PROVI- SIONS; AMENDING SECTION 20, REPEAL OR TERMINATION OF SYSTEM; AMENDING SECTION 22, PENSION VALIDITY; PROVIDING FOR THE PURCHASE OF CREDITED SERVICE FOR SEPARATION FROM EMPLOYMENT FOR MH,TrARY SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABH.ITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending the definitions of "Credited Service", "Member" and "Salary", and by adding the definitions of "Retiree" and "Retirement", to read as follows: Credited Service means the total number of years and fractional parts of years of service as a Firefighter with Member contributions te the Systeffi when required, omitting intervening years or fractional parts of years when such F:..�- Member fnay net be was not employed by the City as a Firefighter. A Member may voluntarily leave his contribution in the Fund for a period of five (5) years after leaving the employ of the Fire Department pending the possibility of being rtthifed reemployed as a Firefighter, and remain- ing employed for a period of not less than three (3) years, without losing credit for the time that he was a Member of the System. If the Fk ber Member does not remain employed for a period of three (3) years upon reemployment within five (5) years, then the Accumulated Contributions will be returned upon the his written request of the `4efn . However, no Firefighter will receive credit for the years and fractional parts of years of service for which he has withdrawn his contributions to the Fund for those years and fractional parts of years, unless the Firefighter repays into the Fund the contributions he has withdrawn, with interest, within 90 days after his reemployment. . The er . Member means an actively employed Firefighter who fulfills the prescribed participation 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. 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. Salary means the basic compensation paid by the City to a Member, plus all tax deferred and tax exempt items of income, but excluding overtime, bonuses and any other non -regular payment. Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code shall be disregarded. 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 ,ginning after December 31, 1995. SECTION 2: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 2, MEMBERSHIP, to read as follows: SECTION 2. MEMBERSHIP. 1. Conditions of Eligibility. A. All Firefighters as of the Effective Date, and all future new Firefighters, shall become Members of this System as a condition of employment. B. All future new Firefighters shall be required to complete a medical examination as prescribed by the City. -3- - :. : .. lop 2. Membership. Each Firefighter shall complete a form prescribed by the Board providing the $-. Ddesignation of a Beneficiary or Beneficiaries ,, 3. Change in Designation of Beneficiary. A Member may from time to time change his designated Beneficiary by written notice to the Board upon forms provided by the Board. Upon such change, the rights of all previously designated Beneficiaries to receive any benefits under the System shall cease. SECTION 3: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 3, BOARD OF TRUSTEES, subsections 5.H. and 5.I., to read as follows: H. To have performed actuarial studies and at least bien valuations, at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the System. I. To perform such other duties as are required to prudently administer the System. SECTION 4: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending -4- Section 4, FINANCES AND FUND MANAGEMENT, subsection 6.B.(5), to read as follows: (5) Bonds, stocks, commingled funds administered by National or State Banks or evidences of indebtedness 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, provided that the security of the corporation is traded on a nationally recognized exchange and holds a rating or ranldng in one of the three highest classifications by a major rating or ranking service, and if such investments are made in a peeled commingled fund administered by a state or national bank, then the rating or ranking of each issue in the peeled commingled fund shall hold a rating or ranking within the top three (3) rating classifications of a major rating service and no foreign investments shall be permitted in the peeled commingled fund, or otherwise. SECTION 5: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 6, BENEFIT AMOUNTS AND ELIGIBILITY, subsection 2, Normal Retirement Benefit, to read as follows: 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 next following his Retirement d * and be continued thereafter during Member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The -5- monthly retirement benefit shall equal two and seven tenths percent (2.7 %) of Average Final Compensation, for each year of Credited Service. SECTION 6: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 8, DISABILITY, to read as follows: SECTION 8. DISABILITY. 1. Disability Benefits Oft In -Line of Duty. ll i ' Eae fighter who Anv Member who shall haw L4\r become totally and permanently disabled waetive—nlefnbef: ef the Oceeee DepaAme to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Firefighter, which disability was directly caused by the performance of his duty as a Firefighter, shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension determined in the same manner as for early retirement as set forth in Section 6, subsection 4B, providing for an actuarial reduction. 2. In -Line of Duty Presumptions. A Presumption. Any condition or impairment of health of a Fi�Z �g� Member caused by , hypertension or heart disease shall be presumed to have been suffered in line of duty unless the contrary is shown by competent evidence, provided that such Firefighter shall have successfully passed a physical examination upon entering into such service, including cardiogram, which examination failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benefits payable or granted in a policy of life insurance or disability insurance. B. Additional Presumption The presumption provided for in this subpara- graph B. shall apply only to those conditions described in this subpara- graph B. that are diagnosed on or after January 1 1996 Definitions. As used in this subsection 2 B the following definitions apply: (a) "Body fluids" means blood and body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of blood -borne pathogens, as established by the Centers for Disease Control apply. For purposes of potential transmission of meningococcal meningitis or tuberculosis the term "body fluids" includes respiratory, salivary, and sinus fluids. including droplets, sputum and saliva mucous, and other fluids through which infectious airborne organisms can be transmitted between persons. 2� "Emergency rescue or public safety Member" means an Member emploved full time by- the City as a firefighter paramedic, emergency medical technician law enforce- ment officer, or correctional officer who in the course of employment, runs a high risk of occupational exposure to hepatitis. meningococcal meningitis or tuberculosis and who is not employed elsewhere in a similar capacity, However, the term "emergency rescue or public safety Member" does not include any person employed by public hospital licensed under Chapter 395, Florida Statutes, or any person employed by a subsidiary thereof. -7- W "Hepatitis" means hepatitis A hepatitis B. hepatitis non - A, hepatitis non-B, hepatitis C. or any other strain of hepatitis generally recognized by the medical community, 0) "High risk of occupational exposure" means that risk that is incurred because a person subject to the provisions of this subsection, in performing the basic duties associated with his employment: L. Provides emergency medical treatment in a non - health -care setting where there is a potential for transfer of bodv fluids between persons: ii. At the site of an accident, fire or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or out of containers or works with or otherwise handles needles or other sharp instru- ments exposed to body fluids: iii. Engages in the pursuit, apprehension, and arrest of law violators or suspected law violators and, in performing such duties, may by e exposed to body fluids: or iv. Is responsible for the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, while on work detail outside the facility, or while being transported and, in performing such duties, may be exposed to body fluids. Lel "Occupational exposure, " in the case of hepatitis menineococcal meningitis or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection Presumption. Any emergency rescue or public safety Member who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis or tuberculosis that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence: however, in order to be entitled to the presumption, the Member must, by written affidavit as provided in Section 92.50, Florida Statutes, verify by written declaration that, to the best of his knowledze and belief: U In the case of meningococcal meningitis in the 10 days immediately preceding diagnosis he was not exposed outside the scope of his employment to any Mrson known to have meningococcal meningitis or known to be an asymptomatic carrier of the disease. ?� In the case of tuberculosis in the period of time since the Member's last negative tuberculosis skin test he has not been exposed outside the scope of his employment to any person known by him to have tuberculosis. fj Immunization. Whenever any standard medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a presump- tion is granted under this section, if medically indicated in the given circumstances pursuant to immunization policies estab- lished by the Advisory Committee on Immunization Practices of the U.S. Public Health Service, an emergency rescue or public safety Member may be required by the City to undergo the immunization or prophylaxis unless the Member's physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the Member's health. Absent such written declaration. failure or refusal by an emergency rescue or public safety Member to undergo such immunization or prophylaxis disqualifies the Member from the benefits of the presumption. Record of Exposures. The City shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety Member in its employ to the disease described in this section and shall immediately notify the Member of such exposure. An emergency rescue or public safety Member shall file an incident or accident report with the City of each instance of known or suspected occupational exposure to hepatitis infection, meningococcal meningitis, or tuberculosis. Required medical tests: preemployment physical. In order to be entitled to the presumption provided by this section: Lal An emergency rescue or public safety Member must, prior to diagnosis, have undergone standard, medically acceptable tests for evidence of the communicable disease -10- for which the ,presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate the presence of infection, or, in the case of hepatitis infection, shall have banked serum for future testing, which future tests fail to reveal evidence of infection. This paragraph does not apply in the case of meningococcal meningitis. 21 On or after June 15, 1995, an emergency rescue or public safety Member may be required to undergo a preemployment physical examination that tests for and fails to reveal any evidence of hepatitis or tuberculosis. 2 3. Disability Benefits Off- Not -in -Line of Duty. Any Member in theSystef with five (5) or more years of Credited Service who shall have become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to render useful and efficient service as a Firefighter, which disability is not directly caused by the performance of his duties as a Firefighter shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension determined in the same manner as for early retirement as set forth in Section 6, subsection 4B, providing for an actuarial reduction. 34. Conditions Disqualifying Disability Benefits. Each Firefighter 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. - 11 - 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 Firefighter with the City Okeechobee shall have terminated. F. Willful, wanton or intentional misconduct or gross negligence of the Member. G. Injury or disease sustained by the Firefighter while working for anyone other than the City and arising out of such employment. H. A condition pre-existing the Firefighter's membership in the System. No Member shall be entitled to a disability pension, whether in line of duty or not in line of duty, 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. 45. Physical Examination Requirement. A Fife€ightef 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 -12- 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 Firefifightef Retiree receiving disability benefits under provisions of this ordinance may be periodically re-examined 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 Firefighter, the Board shall recommend to the City that the Retiree be returned to performance of duty as a Firefighter, and the Retiree so returned shall enjoy the same rights that Member 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, Member shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Fifefightef Member claiming for 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 Firefighter, his service shall be deemed to have been continuous, and the period for which Member received a disability retirement income shall be Credited Service for purposes of the System. If the Firefighter fails to reenter the service of the City as a Firefighter within thirty (30) days from the date the Board determines 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 Firefighter, the Member's future benefits shall be determined as though he initially terminated employment on the date the Board determined that he was permanently - 13 - and totally disabled to the extent that he was unable to render useful and efficient service as a Firefighter. The Board shall have the power and authority to make the final decisions regarding all disability claims. S 6. 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 Firefighter Retiree recovers from the disability prior to his normal retirement date, the payment due next preceding the date of such recovery, or B. If the Retiree dies without recovering from disability or attains his normal retirement date while still disabled, the payment due next preceding his death or the 120th monthly payment, whichever is later. 67. Workers' Compensation. When a Member 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 fifml average monthly Salary wage, as defined in Chapter 440. Florida Statutes, excluding overtime, the disability pension benefit shall be reduced so that the total monthly amount received by the Member does not exceed 100 % of such Shy 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. -14- SECTION 7: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 9, VESTING, to read as follows: SECTION 9. VESTING. If a Member terminates his employment with the Fire Department, either voluntarily or by discharge, and is not eligible for any other benefits under this System, Member shall be entitled to the following: 1. If the Member has less than ten (10) 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 ten (10) or more years of Credited Service upon termination, the Member shall be entitled to a monthly retirement benefit that is the Aetuafia4 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 Member's otherwise normal or early retirement date, provided he does not elect to withdraw his Accumulated Contributions and provided Member survives to his normal or early retirement date. 3. Any €ifefighter- vested Member of the System whose position is terminated, for whatever reason, but who remains employed by the City in some other capacity, shall have all retirement benefits accrued up to the date of such termination under this System preserved, provided he does not elect to withdraw his Accumulated Contributions from this System. Such accrued retirement benefits shall be payable at his otherwise early (reduced as for early retirement) or normal retirement date hereunder, or later, in accordance with the provisions of this System; provided further, however, that benefits shall not be payable under this System during any period of continued employment by the City. -15- SECTION 8: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 10, OPTIONAL FORMS OF BENEFITS, subsection 1.A., to read as follows: 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 present value of payments to the Retiree shall not be less than fifty percent (50%) of the total present value of payments to the Retiree and his joint pensioner. SECTION 9: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 12, CLAIMS PROCEDURES, to read as follows: SECTION 12. CLAIMS PROCEDURES. Z. -16- to f..rtho.. e..tensiens of t.rv..i Beard'sif�ffnalien pfier- to the i • i:• i' • i . .. ... :•� .. .. .. .. ... _ ... . I MS. �•• :•• i•� i•• •_ -17- -t•l\� al i�9�ll l\7_lla\iarlf�=iaa\t ��li/l\mil\• • `7!:)ai/i1�1_i/�ai\7ll�L��\il�lia�I lafilail� � ltiaaii��� t1�1�!\�/�'�Ill��.�l )l�Linli/iA!♦'�I�l'��laa'i�i�ti is �/�fil _il ��ti�tl�iif�� li a�I i � Al i tl/RTIaIi l � \�A�ait iiaiil lltital•R li/ll�lif9i�ll/ill\TI=i ��afl�i\�fil �lil�il �t•lti �iafl�illlil�lif 'rigp!,l•il.___--_i!\�iilliaw)�%lil�l���ii7i/lia�l �'�Ila �i/ sif��t�\�i• - 18 - MW :.-rNrl .. Wit- .. .. Mw -19- -19- Statutes. auvYviiiirs -ii"` �L�3t `�,� ���� L 1, rt ,i fefm F eny at—ti'LC depesitien—Since Yeafin �� `� the Beafd �itirtL the f a it--wiH give mer-e time b that this dees f net pf-eelude the elesiflg statement. gives ,, f 775.083 K. Fl6!j.a,, -Statutes-.- fuH hearing, > , entitlement to sueh benefits-. -20- 7.9 W. ' . .. $eafd- and binding-. eF ., 6ffl ly F,,.• .«t f ..e.•ti...•.,.•; the !`1efk the (`:..,,. 't v. a i.uiia,i' pet;tien o with Z.n,uuvii ivi w'iic vi cc,ruvr of —Zl — III I.l�.�1 ��R.i�,♦ I�►i:.:,.I,.�.,\ �.J/:...��.R,./.,17�'�I..�.�1�1.1T1�1,.\�:.,�1:.�.�1�1:/.:f, - 22 - :: :. r. .... 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 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 10: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 13, REPORTS TO DEPARTMENT OF INSURANCE, to read as follows: - 23 - 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 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 10: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 13, REPORTS TO DEPARTMENT OF INSURANCE, to read as follows: - 23 - DIVISION OF Each year and no later than March 15th, the Chairman of the Board shall file a report with the Division of Retirement containing the following: 1. Whether in fact the C4 is in compliance with the provisions of Chapter 175, Florida Statutes. 2. A certified statement of accounting for the most recent fiscal year of the Miei�ali (or an independent audit by a certified public accountant if required by the Division of Retirement) showing a detailed listing of assets and methods used to value them and a statement of all income and disbursements during the year. Such income and disbursements shall be reconciled with the assets at the beginning and end of the year. 3. A statistical exhibit showing the number of Firefighters on the force of the Munieipatity City, the number included in the System, the number of Firefighters ineligible, classified according to the reasons for their being ineligible, and the number of dish Retirees and their Beneficiaries receiving pension payments and the amounts of annual retirement income or pension payments being received by them. 4. A statement of the amount the Munieipafify City has contributed to the Fund for the preceding plan year, and the amount the Munieipality City will contribute to the Fund for the current plan year. 5. If any benefits are insured with a commercial insurance company, the report shall include a statement of the relationship of the insured benefits to the benefits provided - by this ordinance. This report shall also contain information about the insurer, basis of premium rates, mortality table, interest rates and method used in valuating retirement bene- fits. 6. The actuarial valuation of the System as provided for in Section 3. Such valuation shall be prepared by an enrolled actuary who is enrolled under Subtitle C of Title 3 of the Employee Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries or the American Academy of Actuaries. -24- SECTION It: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 16, MAXIMUM PENSION, subsection 9.B., to read as follows: 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 another retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. SECTION 12: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by deleting Section 17, COMMENCEMENT OF BENEFITS, in its entirety. SECTION 13: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 18, DISTRIBUTION OF BENEFITS, subsection 2.C., to read as follows: C. Such distribution begins within one year of the Member's death unless the Member's Spouse, ' shall receive the remaining interest in which case the distribution need not begin before the date on which the Member would have attained age 70-1/2 and if the Spouse, issue er endent dies before the distribution to the Spouse —,issue -of dependent begins, this Section shall be applied as if the Spouse —,issue or- dependent were the Member. SECTION 14: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 19, MISCELLANEOUS PROVISIONS, to read as follows: -25- SECTION 19. MISCELLANEOUS PROVISIONS. 1. Interest of Members in System. 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. Liquidatienf F a n • Iry a IN • •• ............i : :•• •• : " : -26- INN, . : WMIRMI aReeatieft ef the assets E)f the Fund in aeeer-deiiee with the asset. • f "D' f ht D D fif Plan" have b fling v i vi i uL11 �7'[ii�2'�}�'i�Lj}n,er, 7 ) 7 7 ) 32. 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 Svstem will constitute a qualified pension plan under the applicable provisions of the Code as now in effect or hereafter amended Any modification -27- 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 Citv contributions SECTION 15: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 20, REPEAL OR TERMINATION OF SYSTEM, subsections 3.A., 3.B., and 3.D., to read as follows: A. Apportionment shall first be made in respect of each Retiree receiving a retirement or disability benefit hereunder on such date, each person receiving a benefit on such date on account of a retired or disabled (but since deceased) Fife€gl}ter Member, and each Fife€ithter Member who has, by such date, become eligible for normal retirement but has not yet retired, an amount which is the Actuarial Equivalent of such benefit, for pufpeses e f the est 1eeentaetuafia4 Y&6atien, provided that, if such asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. B. If there be any asset value remaining after the apportionment under paragraph A, apportionment shall next be made in respect of each Member in the service of the City on such date who has is vested and who is not entitled to an apportionment under paragraph A, in the amount - 28 - required to provide the Actuarial Equivalent, as deser-ibed in ^ abeve, of the vested portion of the accrued normal retirement benefit(but not less than Accumulated Contributions), based on the Credited Service and Average rnenthly eafnnngs Final Compensation as of such date, and each vested former Member then entitled to a deferred benefit who has not, by such date, begun receiving benefit payments, in the amount required to provide said Actuarial Equivalent of the vested portion of the accrued normal retirement benefit (but not less than Accumulated Contributions), provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. C. .. D. If there be any asset value remaining after the apportionments under paragraphs A, B, and C, apportionment shall lastly be made in respect of each Fire€rghter- Member included in paragraph C above to the extent of the Actuarial Equivalent, of the non -vested accrued normal retirement benefit, less the amount apportioned in paragraph C, based on the Credited Service and Average fneftNy eafningsFinal Compensation as of such date, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such amounts shall be reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. SECTION 16: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by amending Section 22, PENSION VALIDITY, to read as follows: - 29 - SECTION 22. 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. Said Board is empowered to purge or correct the pension rolls of any person heretofore granted a pension under prior or existing law or he_�er-e 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 17: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, is amended by adding Section 28, SEPARATION FROM EMPLOYMENT FOR MILITARY SERVICE, to read as follows: The years or fractional parts of a year that a Firefighter serves in the military service of the Armed Forces of the United States the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, after separation from employment as a Firefighter with the Ci1y to perform training or service shall be added to his years of Credited Service for all purposes including vesting provided that: A. The Firefighter must return to his employment as a Firefighter within one (ij year from the earlier of the date of his milijaU discharge or his release from service. B. The Firefighter deposits into the Fund the same sum that the Member would have contributed if he had remained a Firefighter during his absence The Firefighter must deposit all missed contributions within a period equal to three -30- (3) times the period of military service but not more than five (5) years or he will forfeit the right to receive Credited Service for his military service pursuant to this Section. C. The maximum credit for military service pursuant to this Section shall be five ears D. In order to qualify for the purchase of Credited Service pursuant to this Section, the Firefighter must have been discharged or released from service under honorable conditions. This Section is intended to meet or exceed the minimum requirements of the Uniformed Services Employment and Reemploy- ment Rights Act (USERRA), (P.L. 103-353). 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. SECTION 18: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 19: 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 20: That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this day of 1996. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk -31- 1996. Passed on second reading after public hearing this day of ATTEST: onrue 3. 1 homas, iry er ag\or\1-23-96f.ord ames E. uric, mayor -32- E 5 CITY OF OKEECHOBEE MEMORANDUM TO: John Drago, Administrator DATE: June 13, 1996 SUBJECT: New Fire 'Truck THRU: THRU: FROM: Keith Tomey, Fire Chief ************************:i *** ******* 91*** :.k******* :.icy:****:r.:;::!c,:**y **- x::;:M%.:!:***" k4:**7? I would like the purchasing of the new fire truck to be put on the agenda for the council meeting on June 18, 1996. I am recommending we accept the set of specifications that was submitted by Southern Coach in the amount of S227.022.00. If you have any questions concerning this memo piease call nne at 467-15S6. Thank you, CITY of Okeechobee STATEMENT OF NO BID NOTE: IF YOU DO NOT INTEND TO SUBMIT A PROPOSAL ON THIS BID COMPLETE AND RETURN THIS FORM IMMEDIATELY. Failure to comply with this, may result in removal of your name. We, the undersigned, decline to bid on Number FD 1-00-04-96 to furnish 1250 GPM CLASS A PUMPER because: 1. Specifications are too "tight", i.e., geared toward one X brand or manufacturer only (explain below). 2. Insufficient time to resnond to the Invitation to Bid. 3. We do not offer this product or an equivalent. 4. Our )roduct schedule will not permit us to perform. 5. Unable to meet specifications. 6. Unable to meet bond requirement. 7. Specifications unclear (explain below). X 8 Other ( spec i fv below) . REMARKS: See attached letter WE UNDERSTAND THAT IF WE DO NOT BID AND FAIL TO RETURN THIS STATEMENT PROMPTLY, OUR NAME MAY BE DELETED FROM THE LIST OF QUALIFIED BIDDERS FOR THE CITY OF Okeechobee. COMPANY -Fire Fighting Innovations, Inc./y�� AUTHORIZED SIGNATURE: a, TITLE: President TELEPHONE: (305) 448-3048 DATE: May 29, 1996 Robert B. Milnes President FIRE FIGHTING INNOVATIONS May 29, 1996 City of Okeechobee Procurement Management Office 55 S.E. Third Avenue Okeechobee, Florida 34974 RE: INVITATION TO BID #FD1-00-04-96 1250 GPM CLASS A PUMPER We have declined to offer a bid on the above mention fire pumper for the following reasons. The specifications call for the chassis, cab and body to all be built by the same manufacturer. This does not allow us or a number of other respected builders to respond. It limits you to only a couple of builders. The specifications are very unclear in a number of areas. For instance you have not specified a foam system, but the specifications ask for all plumbing to be stainless steel so as to be capable of handling class "A" or "B" foam. Then in your options section you ask for an option on a Hale CAFS system capable of only 95 gpm plumbed to a single speedlay. That is confusing as it is not cost effective to install the Hale system to only one discharge. Is there to be a pre -construction conference or not. One is not called for, but in several areas of the specifications it says that certain items will be decided at a pre -construction conference. On page 13 the specifications ask for rear turn signals to be of the arrow design with chrome housings. On page 23 you ask for a three light tail light assembly with 7" lights. FIRE FIGHTING INNOVATIONS, INCORPORATED 300 Viscaya Avenue, Coral Gables, Florida 33134, (305) 448-3048 OKEECHOBEE PUMPER BID PAGE #2 The specifications ask for the intake suction outlet to be on the left side under the running board, but then ask for access to it be behind the right hand access panel. The specifications make reference to one 21-" crosslay in two different places. The first one asks for it to be pre -plumbed and the second asks for it to be pre -plumbed with 150' of 3" hose. Are you looking for two crosslays, one with hose, one without, or just one crosslay with hose? You asked for several adjustable shelves - how many? The number affects the price. You asked for the rear compartment to be 48" wide, then in the next sentence you ask for it to be transverse? You have asked for a minimum of 68" wide hosebody, and then you have asked for dual highside compartments to be a minimum of 23" deep which adds up to a body that would be 114" wide! That would make the truck in violation of federal law. You also asked for a 1000 gallon water tank, and have an overall height restriction of 9'6". These are just some of the items that make the specification very confusing and do not allow us to put together a professional response. It appears this is aimed at a particular manufacturer. Thank you for your time and consideration. Sincerely, � D&A,t G i ?T) Robert B. Milnes, President Fire Fighting Innovations, Inc. E-ONE S. COACH TEN-8 3-D FIRST FERRARA i i OUT WARRANTY PAINT 2 YR. 2 YR./ 2 YR../ V,-- TRANS '� '� TRANS TRANS. HEIGHT 9/6 ✓ ✓ ✓ ? ENGINE ✓ ✓ STEERING ✓ ✓ ✓ ✓ ELECTRICAL ✓ ✓ ✓ 270 AMPS ALUM. CAB •/ ✓ ✓ ✓ ✓ 6 PERSON ✓ ✓ ✓ ✓ ✓ ENCLOSED CAB TOP MOUNT ✓ ✓ PUMP PANEL 1250 GPM HALE HALE WATER HALE WATER- HALE ✓ ✓ -OUS OUS 1000 GAL. ✓ ✓ WATER TANK PLUMBING STAIN- BRASS BRASS/ STAIN- STAIN- LESS ✓ ✓ S . S . `l LESS ✓ LESS COMPARTMENTS 214* v 200 CU. FT. ,/ ✓ ✓ RESCUE BODY '� ✓ NORTON CASE RUNNING ✓ ✓ BOARD BUMPER �/ ✓ CROSS/SPEED CROSS SPEED CROSS SPEED SPEED SPEED LAYS GENERATOR ✓ ✓ '� N► ISO Commercial Risk Services, Inc. • 9452 Philips Highway • Suite 6 Jacksonville, FL 32256-1332 • (904) 886-3140 • FAX: (904) 268-8380 June 17, 1996 Mr. John J. Drago, City Administrator City of Okeechobee 55 S.E. Third Avenue Okeechobee, Florida 3,1974-2932 Dear Mr. Drago: We are enclosing Classification Details and Improvement Statements in response to your recent request. These Details and statements cover the items wtuclr are reviewed in our Fire Suppression Rating Schedule, and which are of importance in detennining your fire insurance classification. These Classification Details and Improvement Statements were developed using the information obtained during our 1981 survey and consider that conditions in your city remain the same. They refer only to the fire insurance classification of your city which may be used in the calculation of property insurance premiums and are not for property loss prevention or life safety purposes. The city classification applies to properties with a needed fire flow of 3500 gpm or less The private and public protection at properties with larger needed fire flows are individually evaluated, and may vary from the city classification. Please contact us if you have any questions concerning the enclosed material Sincer ly Ra7p o e s Public Protection Department Enclosure A s:.h!z,airy Services GfO=e. fnC 15:Ia ^n Municipality: Okeechobee Date Surveyed: 05-20-81 CLASSIFICATION DETAILS State: Florida Population: 5 500 Total Credit: 42.81 Class: 6 SUNIMARY OF CREDIT Feature Assigned Receiving and Handling Fire Alarms ' • 5.99% Fire Department • • ' ' • ..... ' ' 19.69% Water Supply ...... • • • • " " 18,53% x . . . . . . . . . . . . . . Divergence -1 3900 ------ - The Public Protection Class is based on the total percentage credit as foilows. Class % 1 90.00 or more 2 80.00 to 89.99 3 70.00 to 79.99 4 60.00 to 69.99 5 50.00 to 59.99 6 4000 to 49.99 7 30.00 to 39.99 8 20.00 to 29 99 y 1000 to 19.99 10 0 to 9.99 Maximum Credit 1 0.0% 50.0% 40.0% *Divergence is a reduction in credit to reflect a difference in the relative credits for Fire Department and Water Supply. The above classification has been developed for use in property insurance prenuum calculations only. RECEIVING AND HANDLING FIRE ALARMS This section of the Fire Suppression Rating Schedule reviews the facilities provided for the general public to report fires. and for the operator on duty at the communication center to dispatch fire department companies to the fires. Credit Actual Maximum 1. (Item 414) Credit for Telephone Service This item reviews the facilities provided for the public to report fires, including the listing of fire and business numbers in the telephone directory. 168 2.00 2. (Item 422) Credit for Operators This item reviews the number of operators on -duty at the communication center to handle fire calls. 3.00 3.00 3. (Item 432) Credit for Dispatch Circuits This item reviews the dispatch circuit facilities used to transmit alarms to fire department members. _ 1.30 5.00 4. (Item 440) Total Credit for Receiving and Handling Fire Alarms. 5.99 10.00 2 15:15 VU Y-1004 FIRE DEPARTMENT This section of the Fire Suppression Rating Schedule reviews the engine and ladder-scn-ice companies, equipment carried, response to fires, training and available fire fighters. Credit Actual Maaimu�n 1. (Item 513) Credit for Engine Companies This item reviews the number of engine companies 1 57 10.00 and the hose and equipment carried 2. (Item 523) Credit for Reserve Pumpers This item reviews the number of reserve pumpers dheir 0.13 1.00 pump capacity and the hose and equipment carried on each 3. (Item 532) Credit for Pwnp Capacity This item reviews the total available pump capacity 3.78 5.00 4. (item 549) Credit for Ladder Senzcc This item rep iews the number of ladder and service 1 3 s 5.00 companies and the equipment carried 5. (Item 553) Credit for Reserve Ladder Service This item reviews the number of reserve ladder and 0.09 1.00 service trucks, and the equipment carried 6. (Item 561) Credit for Distribution This item rniews the percent of the built -upon area of the cite which has an adequately -equipped, responding first -due engine company within 1 1/2 miles and an adequately -equipped, 1.75 4.00 responding ladder -service company widen 2 1/2 miles. 7. (Item 571) Credit for Company Personnel This item reviews the average number of equivalent tire fighters 8 14 15 00+ and company officers on duty with existing companies. 8. (Item 581) Credit for Training This item re-6eWs the training facilities an2.88 9.00 d their use. 2 9. (Item 590) Total Credit for Fire Department 1969 50 U0+ "- This indicates that credit for manning is open-ended, with no maximum credit for this item. 15:15 t j005 WATER SUPPLY This section of the Fire Suppression Rating Schedule reviews the water supply system that is available for fire suppression in the city. Credit Actual Maximum I . (Item 616) Credit for theWater System This item reviews the supply works, the main capacity and hydrant distribution _1.6.04 35.00 2. (Item 621) Credit for Hydrants This item reviews the t}pe of hydrants. and method of installation __1 92 2.00 3. (Item 631) Credit for Inspection and Condition of Hydrants This item reviews the frequency of inspections of livdrants and their condition _ 057 3.00 4. (Item 640) Total Credit for Water Supple 18 53 40.00 FIRE INSURANCE CLASS LFICATION IMPROVEMENT STATEMENTS FOR OKEECHOBEE, FLORIDA Prepared By ISO COMMERCIAL RISK SERVICES, INC. 9452 PHILLIPS HIGHWAY SUITE 6 JACKSONVULLE, FLORIDA 32256-1332 JUNE 17, 1996 The following statements are based upon the criteria contained in our Fire Suppression Rating Schedule and upon conditions in Okeechobee on May 20, 198 L They indicate the performance needed to receive full credit for the specific item in the Schedule, and the quantity, you have provided. Partial improvement will result in receiving a partial increase in the credit. These statements relate only to the fire insurance classification of your district which may be used in the calculation of property insurance premiums. They are not for property loss prevention or He safety purposes and no life safety or property loss prevention recommendations are made. RECEIVING AND HANDLING HIRE ALARMS Credit For Telephone Service (Item 414). For maximum credit in the Schedule, there should be an emergency line separate from the fire and business lines for the use of automatic telephone dialing equipment to report alarms from private fire detection systems. For maximum credit in the Schedule, emergency calls should progress to the business number. Credit For Operators (Item 422). No deficiencies. Credit For Dispatch Circuits (Item 432). For maximum credit in the Schedule, there should be 1 alarm dispatch circuits to each fire station in accordance with National Fire Protection Association Standard, 1221. For maximum credit in the Schedule, the radio alarm dispatch circuit should be supervised in accordance with National Fire Protection Association Standard, 1221. For maximum credit in the Schedule, the alarm dispatch circuit should have recording facilities at the communication center. For maximum credit in the Schedule, the alarm dispatch circuit should have emergency power supply in accordance with National Fire Protection Association Standard, 1221. FIRE DEPARTMENT Credit For Engine Companies (Item 513). For maximum credit in the Schedule, 2 engine companies are needed in your city. These are calculated as follows. 2 for the Basic Fire Flow of 2250 gpm. You have 1 engine company in service. It is calculated as follows: 63 percent for Engine 4 because of insufficient equipment, hose and pumper tests. For maximum credit in the Schedule, at least 2 engine companies should respond to all first alarms for fires in buildings. The credit for engine companies has been reduced by 50 percent due to the lack of adequate response to all areas of the city. Credit For Reserve Pumpers (Item 523). For maximum credit in the Schedule, 1 fully -equipped reserve pumper is needed. You have one reserve pumper. This is calculated as 26 percent for Pumper 1 because of insufficient pumping capacity (there should be a minimum of 500 gpm in tested pumping capacity), hose and pumper tests. Credit For Pump Capacity (Item 532). For maximum credit in the Schedule, at least 2250 gpm ui fire department pump capacity is needed. You have 1700 gpm in creditable pump capacity Credit For Ladder Service (Item 549) -2- i pious I:;: 18 U For maximum credit in the Schedule, 1 service company's needed in your city. 'Phis is calculated as follows: 1 service company due to the size of the area served and to the method of operation. You have 1 service company. It is calculated as follows: 37 percent for Engine -Service* 4 because of insufficient equipment and lack of separate apparatus. *Limited to 50% credit maximum by Fire Suppression Rating Schedule due to dual operations. Credit For Reserve Ladder Service (Item 553). For maximum credit in the Schedule, 1 full -equipped reserve service truck is needed You have 1 reserve service truck. This is calculated as follows 10 percent for P-2 because of insufficient equipment. Credit For Distribution (Item 561). For maximum credit in the Schedule, all sections of the city with hydrant protection should be within 1 1/2 miles of an adequately -equipped engine company and 2 1/2 miles of an adequately -equipped service company. The distance to be measured along all-weather roads. Credit For Company Personnel (Item 571). An increase in the on -duty company personnel by one person will increase the fire department credit by 1.67% and an increase in the response by other Fire Department members by one person will increase the fire department credit by .56%. Credit For Training (Item 581). For maximum credit in the Schedule, complete facilities should be provided for training and the training program should be improved. You received 32 percent credit for the current training program and the use of facilities. For maximum credit in the Schedule, pre -fire planning inspections of each commercial, industrial institutional and other similar -type building should be made twice a year by company members. Records of the inspections should include complete and up-to-date notes and sketches. -I- 15:19 U l ow) For maximum credit in the Schedule, records should be kept of all training. WATER SUPPLY Credit For'The Water System (Item 616). For maximum credit in the Schedule, the needed fire flows should be available at each location in the city. Needed fire flows of 2500 gpm and less should be available for 2 hours, 3000 and 3500 gpm for 3 hours and all others for 4 hours. See the attached table for an evaluation of fire flow tests made at representative locations in your city. All AWWA standard hydrants within 1000 feet of a building, measured as hose can be laid by apparatus, are credited, 1000 gpm for hydrants within 300 feet; 670 gpm for 301 to 600 feet; and 250 gpm for 601 to 1000 feet. Credit is reduced when hydrants lack a pumper outlet, and is further reduced when they only have only a single 2 1/2-inch outlet. Credit For Hydrants (Item 621). For maximum credit in the Schedule, all hydrants should have a pumper outlet, 6-inch or larger branch connection, uniform size operating nut and should operate in a uniform direction. Credit For Inspection and Condition oi' Hydrants (Items 631). For maximum credit in the Schedule, all hydrants should be inspected twice a year, the inspection should include operation and a test at domestic pressure. Records should be kept of the inspections. Hydrants should be conspicuous, well located for use by a pumper, and in good condition. -4- n Soto FIRE FLOW TESTS Okeechobee, Florida Tests Made on May 20, 1981 Test No. Needed Fire Flow*, qpm Limited By Supply Works Limited By Distribution Mains Limited By Hydrant Spacing 1 4000 1200 1a 750 2 2000 300 3 5000 1200 3a 2500 1200 4 2500 950 5 2500 500 *Needed fire flows exceeding 3500 gpm are not considered in determining the classification of the municipaltiy. ISO COMMERCIAL RISK SERVICES INC. - FLORIDA PUBLIC PROTECTION SURVEY INFORMATION The following information will be needed when our representative arrives: General Please provide a map of the community (district) showing current first alarm response protected area (city limits, outside protected area or fire district boundaries), streets and fire hydrants (if not on a utility map, show hydrants with a red dot on other maps - must be to scale - 1" = 800 or 1000 feet - For county wide surveys a scale such as 1" to 2000' or even 1" to 1/2 mile is acceptable) and the location of all buildings three (3) stories (can be shown with a yellow dot and indicate # of stories or use a code to reference to a master list). It is most important that we aet a map (or can be several maps to the same scale that can be glued together) with all of this information on it. Any questions or problems please do not hesitate to contact our office. We will need to know or review the following: RECEIVING AND HANDLING FIRE ALARMS • Total number of emergency and business lines available. • Review listing in the telephone directory. • A schedule of the operators on duty per shift. • Total number of emergency calls (police, rescue & fire) handled by operators. • Total population using the same emergency number. • We will need to discuss in detail all equipment (radios, CAD system, repeaters, etc.) used in the dispatching of fire alarms. Page 2 FIRE DEPARTMENT • Have the last 3 years of records for aerial ladder (or elevating platform) tests. Aerial ladder and elevation platform tests include a non-destructive test. • Have the last 3 years of records for pumper tests. • Have 3 years of records for hose tests. • If you conduct hydrant tests then please provide 3 years of records. • Note: We do not need copies (optional) of any of the above, we just need to verify. • We need to review 12 months (previous year or last 12 months) of fire reports. If you can copy 20 samples of responses to automatic fire alarms (alarm malfunctions) and 20 actual structural fires, we will review these and if additional reports are needed we can then review the files. • Provide a break -down of all combat personnel, showing the number of personnel on duty per shift at each station. • Total number of vacation days (can be shown as shift days or total number of hours) taken by combat personnel for the last year. • Total number of sick days taken for the last year. • Total Number of kelly days taken for the last year. • Total of all others absent due to other detail (explain if unusual). • If training facilities are provided and utilized we will need to know the total number of hours spent at the facilities per year. This will have to be broken down in to single drills and multiple company drills. Identify which of those drills were conducted at night. • Total number of hours (exclude training facility time if the above applies) of Company Training at the fire stations per fire fighter. If no facilities are provided this will include all training. Please provide a list of the total number of hours of training, per fire fighter, broken down by subject. • If officer training is conducted on a regular basis (must be leadership training and it must be an annual program) indicate the total number of hours per year per officer. • The total number of driver/operator training hours. Indicate if it is a separate program and if it applies to driver engineers only. • If you have a "New Driver" program explain and indicate the total number of hours involved. • If pre -fire planning is conducted we will need to know how often, and if not all buildings have been pre -planned (except 4 families or less) approximately how many have been. We will need to verify records. Page 3 WATER DEPARTMEL`1T_ • Please have'a map of all water systems indicating fire hydrants, main sizes, valves and pressure zone boundaries. A single combined map showing the city limits (district boundaries) and all fire hydrants for all water systems is preferable. A, good ml!p i5 essential for our distribution study . Please confer with the fire department in regards to this. • We would like to have a schematic (rough) drawing showing the layout of the plant • The number and gpm of each well. Indicate which pumps can pump simultaneously and if there would be a limitation on maximum gpm due to pipe sizing etc.. • If there are clearwells involved, please indicate size and gpm of transfer pumps if applicable. • The capacities of ground storage tanks, elevated tanks and the minimum level before refilling. What is the minimum level needed in order to maintain priming capabilities for pumps? • The number and gpm of each high -service pump pumping from each ground storage tank. Indicate which pumps can pump simultaneously and would there be a limitation because of pipe sizing etc.. • If filters, softening units or any other feature is involved we will need to know the capacities of each. • The total water consumption for the last 12 months and the maximum daily consumption that has occurred in the last three years. We need the dates that it occurred. Reasons for abnormally high consumption should be explained. Major main breaks should not be used. • The total number of hydrants in service. • The number of hydrants on less than 6 inch mains. • The number of hydrants with no steamer connection. • Explain any hydrant testing program, such as frequency, type of maintenance, pressure testing and record keeping. • If there are any questions regarding the information requested above, please contact our office at (904) 363-8140 and ask for the Public Protection Department. APPARATUS & EQUIPMENT City Date a04ilT ( Type (Pumper, Ladder, Other) R M,x ,r No. 7- Make Year Built f9 - F.S. Location U-"A„ 49n c Serrien In Service Reserve Pump Capacity 2.SZGPM Ht. of Aerial or Elev. Plat. ft Is Apparatus Tested? Yes X No List 3 Most Recent Dates 6 -7 7 g i qo Dat onDestructive Test (NDT) of Aerial Ladder/Elev. Platform was conducted No Test 1 r 3 inch Hose Carried 600 ft. Larger Hose Carried inch ft. Is Hose Tested? Yes X No @ Z:5'0 PSI List 3 Most Recent Dates , ( 8`l , s ro y y l Is Equipment Tested? Yes _ No @ PSI List 3 Most Recent Dates , PLease fill in ONLY the column labeLed "NO". Brackets (f J) indicate maz weight poz. for adduional equip. on needed Ladder/Service Co. (ref. Table 544.E of the FSRS). :• In fur station or carried 07/91 page 15 APPARATUS & EQUIPMENT City Date Type (Pumper, Ladder, Other) No. Make Year Built F.S. Location In Service Reserve Pump Capacity _GPM Ht. of Aerial or Elev. Plat. ft Is Apparatus Tested? Yes — No List 3 Most Recent Dates I y Date NonDestructive Test (NDT) of Aerial Ladder/Elev. Platform was conducted No Test 27 2 1/2 or 3 inch Hose Carried ft- Larger Hose Carried inch ft. Is Hose Tested? Yes — No @ PSI List 3 Most Recent Dates Is Equipment Tested? Yes — No — @ �PSI List 3 Most Recent Dates Please fill in ONLY the column labeled "NO". EQUIPMENT NO. I WT ENGINE LADDER MAX WT FTS MAX PTS UIPMENT NO. WT ENGINE LADDER MAX WT PTS MAX WT PTS WATER TANK (GALLONS) 1/10 30 HOSE CLAMP 4 4 4 BOOSTER HOSE (FEET) 3/50 12 HYDRANT HOSE GATE (2Y.1 BURST HOSE JACKET (2 '/.1 HOSE HOIST 6 FT PIKE POLES 8 Fr 4 4 1 'A', 1 Y.- HOSE CARRIED (FEET) 3/50 24 4 4 SPARE HOSE FEET)" 2/50 8 4 4 SPARE HOSE (FEE 3/50 12 2 4 2 4 ELEVATED STREAM DEVICE 100 100 .flool 12 FT GATED w'(E X 1'/2' X 1'/2 MOUNTED RADIO 2 4 4 4 HEAVY STREAM DEVICE (MIN. 1000 GPM) 100 32 32 32 LARGE SPRAY NOZZLE (MIN. 500 GPM') 16 5 4 .... 16 PORTABLE RADIO LAODERS: 14'EXT. 24� (MINIMUM) EXT. 24* OR 26 EXT. 16 5 1 5 0 151 2 16 15 16 5 5 f201 2Y2* DISTRIBUTING NOZZLE 5 FOAM EDUCTOR CARRIED 4 FOAM SUPPLY CARRIED (GAL) 3/5 6 3S EXT. MY EXT. (OR ADD. 351 20 (201 20 1 0 101 j 10 10 (201 (201 SPARE FOAM SUPPLY" Z/5 1Z OR 1,V ROOF 16' ROOF 20 2 ) 20 SOLID STREAM NOZZLE 2/2' 201 40 2(7 ROOF (OR ADD. 161 2 20 ..... 96 la COLLAPSIBLE AERIAL LADDER OR ELEV.PLAT. TESTS 0 4 4 .... 200 COMBINATION N0771 MY 101 20 30 SELF-CONTAINED BREATHING EQUIP 16 64 SPARE CYUNDERS 4 16 24 HOSE 50 SALVAGE COVERS 2 4 20 ...... LACK OF HOSE TEST RECORDS PUMPER LACK OF PUMPER TEST RECORDS A.L. OR E.P. LACK OF A.LIE P. )P TEST RECORD TO TAL -10 10 100 -0.0 ENGINE -10 -10 LADDER ELEC. GENERATOR (KILOWATTS) NUMBER OF PORTABLE FLOOD LIGHTS �0/kw 4 4 25 SMOKE EJECTOR OXY-ACETYLENE CUTTING UNIT 20 20 20 POWER SAW 20 20 4 1 ii 8 HANDLIGHTS 2 SUBTOTAL . . ..... . . .... Brackets (( J) indicate max- weight poz- for additional equip. on needed Ladder/Service Co. (ref. Table 544-B of the FSRS)- In fire station or carried 07/91 page 15 PEAL F:;T. IC�:1SO P-Iii.��1 F',ii I3ASIC ELEMENTS '1'0 DEVELOP PROPERTY PREMIUM (1) Location: Various coastal property i.s subject to wind pool coverage. (2) Construction: Frame, CBS, etc. (3) Protection class. (4) Occupancy: C(!rtaizl occuj)ancieu uu(--'ll AS reatauraiitc] require iIltlj)C(,tio11 by I9O who determines fire rate. (5) Square footage: Square footage over 15,000 square feet generally requires inspection by ISO who determines the fire rate. (6) Age: Determines acceptability to individual companies. Any building over 25 years old must usually have updates to the electrical, plluabing, heating, and air conditioning systems as well as the roof, or have qualified inspectors verify they are in acceptable condition. plu.I)1`_ F'.(.I UATC (.I"IDO!YY) APPLICANT (F,rel flamed Ineulvd) EFFECTIVE DATE FXPI9AT'(1tJ DATE l„;,Cr T DILL -- -PAYMENT PLAN FOR COMPANY -A II DIT I ... - ------------ USE ONLY U ODE: - BUB CODE. -- GENCY ,• '7/irf)➢eF iN["i�!'�IL�PFlfl 7i`C. 1 ` Pa E!v119Es w: -- aulL DirJO a: ,., INt'.ATION -L ...':; D f.;: , .; bEbUCT10LL FORF.IS AND CONDI TION6 TO APPLY SUBJECT OF INSURANCE - - AMOUNT CORN _` '.'ALUATION CAUSES OF LOSS GUARD &3 iNM?Ae tvlo WRA War 9 R001TIONA4 INF0'R* tAATloN `- FJUS,(NESS 1NCOM»E_dEXTRA EXPENSE 110JV4 PROP ._ I EXI )'ERIOD TUITION FEES OfF rREM POWER DEPEND - TYPE OF BUSINESS ORDINARY PAYROLL o0'A'ER(HE AT p(IWER LGUJ pa.� C.rL'-_Ern> Fd01, r.iF; e�;cL I Irla s l'cII .. --- OTN4 a Cc 'A'A, ER i �cr„ �LCIL. 11"I BA'; ELEC MEDIA t.4CJ PERIOD ----- ..I,„I I' I 61fG . CCMIA RFC LOC .IA'iJIIJG 150DAvc —_ -,,a`P `._ LI'�II I {TsFSCRCCLOVJI -.. P.;F 3 LC,('. _ ALL URD PA.Y' ORD OR LAID TAAX PERIOD I I LOR LOG IDESV NtLV�\'1 EXTRA -. C*:rENSE C'AYS PCRICO REST - NAME AND ABDRCSS(CS) FOR OFF I•AEM POWPR OR DEPEND Pa0P L ITAIT l UF.:q PAY ADDIT!O!1AL COYERAOE©, OF'YIOtiS, RESTRICTIONS., I.NDOR8tMENTS AU FA1'I;O 1NFORF.4A710IJ ----- _- _-FIRE DISTHICT,CDDL NUI,43LA T'RVI C� n 6TORIE6 r BASM TS YR 6U�LTTOTAL AREA CONSTRUCTIONTYPF - — - OTHER OCCUPANL,ES BUILDINO 6IPROVEMENTS PLUMBING 1'Ti VJlmI c., n HEATINi. A'H HUVFINie: YR OTHER REAR EXPOSURE d DISI ANCE LEFT EXPOSURE 8 DISTANCE RIGHT EXPOSURE 8 DISTANCE -- l EXPInAT1pN [-.ATE ---'- - ExtENi GRADE CCIJTPAL 51 ATKJN CERTIVICATE w BURGLAR ALAWA TYPE _ :'1'H KEYS . OUANDSMATCHFAEN (----.. CiC)GK IJUURLY BURGLAR ALARM INSTALLED AND 8ERVICF0 BY --"� --- FIRE ALARt,t I'lANUVACTURER -- -- CENIHAI (OATICIN pRE MISES FIRE PROTECTION (Spr)nHOts. SIRnUPIP", CO" FyretwcRi LOCAL UGH 'J ( FVIDPNCE CERTIFIG\TC CERTIFIGAIt --' -- rOLIGY �OLICV --- - -- INTEREST: INTEREST: '< s ,f 1,' � s o TiNt� iNF Ct'i3�T�QN ANY OTHER LOCA PREMISES FJO1 Oy7NED ,�` REPOaT.NG FORC'. FRO\'TOE PVERAiJE\'SLUES FOR f 4C1 ,7 �'CYIJTIIS ---- PRERiISF S' ANY OTHER LOCA• NY DECLARED TION ACQUIRED AFTER INCEPTION OR ACQUIRED OMIT SUILDINO AT INCEPT ION_l BUUJECT OF INSURANCE---- pq:1p;1933° A11'1�C}I TO AF'pLti✓Aht11NFOSMAt�0fJ SEC.TItiN , M,)tACCfICfC?trtPbAATI c ISO Commercial Risk Services, Inc. • 7406 Fullerton Street • Suite 200 Jacksonville, FL 32256-3548 • (904) 363-8140 • FAX: (904) 363-0028 September 29, 1995 Mr. John Drago, City Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, Florida 34974 Dear Mr. Drago: As a continuing program to keep insurance classifications up-to-date, ISO Commercial Risk Services, Inc. periodically evaluates all communities and areas which have public fire protection to assure that existing public fire protection is available to individual property owners. This insurance classification number is one of several elements used in developing property insurance premium calculations for many individual properties in your city. The last survey for Okeechobee was in 1981; therefore, we would like to visit your city sometime during the first half of 1996 to verify that the current insurance Class 6 is correct. The field work required in conjunction with the survey should take about 2 days to complete. In order that data for this survey can be collected with as little inconvenience as possible, we are enclosing an information sheet and some of the forms which should be completed before we arrive. This information can be easily filled in by people in your departments, at their own convenience, before our survey begins. The purpose of this visit is to gather information needed to determine a fire insurance classification which may be used in the calculation of property insurance premiums. It is not for property loss prevention or life safety purposes and no life safety or property loss prevention recommendations will be made. Our representative will collect data about many items and features which will make up our overall evaluation for Okeechobee. We will study the water supply and distribution system, including some actual hydrant flow tests. In the fire department, our data will include manning, equipment and training. We will also study the means for receiving and handling fire alarms. A subsidiary of Insurance Services Office. Inc -2- We will contact you at a later date, so that a definite appointment can be made for our visit. Please call us if you have any questions about our work, or about the information sheets. Your cooperation and assistance in helping us collect this data will be greatly appreciated. Public Protection Department rrr Enclosures cc: Mr. Keith Torrey, Fire Chief City of Okeechobee 55 SE 3rd Avenue Okeechobee, Florida 34974 PUBLIC PROTECTION SURVEY Municipality CONTACT SHEET State FLORIDA Date Please provide the name, address and daytime phone number for the following city officials: Office Name and Address Phone Manager or Mayor (Circle One) City Clerk Water Superintendent Fire Chief or Estimated Population = Area = square miles (Actual). Area = square miles (Estimated). Alarms Total number of Alarms in 19_ of which Number of Structural Fires Number of Non -Structural Fires (auto, brush, false, etc.) Number of Rescue (Ambulance) Calls or Total Number of Alarms of which Number of Structural Fires In Addition, Number of Rescue (Ambulance) Calls Training Supervisor = page 2 g Data Input page 1 07191 `ov"TY-P gip N I A A�AE DiST St. Lucie County - Ft. Pierce Fire District (407) 462-23o0 Fax (407) 462-2325 June 18, 1996 Chief Keith Tomey City of Okeechobee Fire Department 55 SE 3rd Avenue Okeechobee, FL 34974 Dear Chief Tomey: P.O. sox 3030 2400 Rhode Island Ave. Fort pierce, FL 34948 As President of the Treasure Coast Fire Chiefs Association, I am pleased to provide you with a position letter in reference to the purchase of fire apparatus and the pros and cons of purchasing new or used equipment. There are significant benefits associated with the purchase of new apparatus as opposed to used apparatus. There is also a corresponding difference in cost that must be addressed as well. New apparatus offers warranty with an accepted standard that can be relied upon with a degree of certainty. Used apparatus can be bought "as is" or with conditional warranty, but most assuredly "used". New apparatus can be "spec'd" for specific purposes and needs, whereas used apparatus must be retrofitted for your specific needs or you must modify your needs to suit the apparatus. New apparatus has an associated increase capital expenditure whereas used apparatus normally is less. New apparatus has a beneficial affect on the I.S.O. standards whereas used may not. New apparatus has a programmed Used apparatusl expectancy mustreviewed year by year can be relied upon �and future capital budget purposes.Ppa atus must may have a negative impact on a capital budget plan. Page Two June 18, 1996 New apparatus usually has less "down time" associated with repairs but this "down time" equates to "no service" time and there is a corresponding increase in lost service time with used apparatus. A point of information for any interested party is as follows: Most vehicle replacement policies are based on a cost/benefit analysis and usually the apparatus is removed from service when the cost is greater than the benefit to the organization. Even communities with limited budgets will reap the benefits of new vs. used, in that the cost per year for use will be less with new than used. Parts availability is another consideration that must be addressed. The manufacturer may no longer provide the parts that a department requires or the manufacturer may no longer be in business. This situation may be devastating to any department's budget, but would be even more detrimental to any professional's portfolio. It is the considered collective opinions of the Treasure Coast Fire Chiefs with over 400 years of collective experience, that it is not prudent operationally or fiscally to purchase used equipment for the aforementioned reasons. I am available as always as a resource to you and other members of the Treasure Coast Fire Chiefs Association. Ily, Barry W in, President TreasLVe Coast Fire Chiefs Association Jkj I- ie('ce JANF7 K. (,EI IN. CLM L,;,g.�,.. nAINEY WIlfOx OENNI�H AAIA5111ON6 ,t yl a.�..I4 MvIAL t VIP, I ? .OA C,I.Vn:I I HOARD OF C-,()L)N"IY (;C)MMIS,SIONERS 2401 S.F. Mtinlc'ti'�t Rc'xu� • ,�rua -t, Floi' dJo 34996 ►t IINl cmcf,Fv aOun t, dPl,tlt, y. I H a I Ul, COUNTY Of MARTIN Juno 14, 1996 Deputy Chief Barry Irwin St, Lucie Fire Rescue 2400 Rhode Island Avenue Fort Pi.erce, FL 34948 Pc a i. Barry., O*.nAIf NC MOAO r HC)Ni (,: 7) 288 510U STATE OF FLORIDA psr961.616 discussion, Martin County Fire Rer�cue's Fire -ng As per our ine replacement policy isito rcf.urbis�edeorausedaapparatus stems reasoning for not pubchasnre from past bad experiences w tIt such units. Martin County Fire RaFcue replaces °apparatus newwith pukcha9ebasis are listed,fbutnnotar life span. The easo limited to, the followings 1. All apparatus are purchased upon review or our Apparatus Committee. The apparatus az' AuQct},atdtheemo{sttmodezin n and Martin County personnel to e are speci`ied in the unit. updated safety features "demonstrator'' or used apparatus will always employ factor. we have experienced mechanical failures, safety concerns and t)eeil subject to major costs on used or demonstrator -units that Martin purchased in the past. 2. Purchasing An unknown discovered maintenance County has 3, The warranty and service be duplicated with used availability for new apparatus cannot or demonstrator units. 4. Purcha9lt)y used apparatus savings, however, in the and othe. issues can coot answers an inunediate need for cost long run - breakdowns, low life span more than new apparatus. 5. Purchasing used Fire Apparatus may hinder acceptable N.F.P.A. and I.S.O. Standards. t Pierce Fire D ist .407-467-2325 Jun 18,96 11 4� No .'0'[D,5 C, psr961.616 page Two Tn reqands to purchasing used apparatus, we must ask ourselves why is the owilor of the apparatus really selling?" The concern that out' Mmi.nistration has for our firefighters and the community that We serve is a basis for having ourpersonnel . participate and spec all new fire apparatus for M y In reviewing my eighteen years with Martin County, I Cannot recall a used Class "A" Pumper that was purchased where we felt it was a good investment in the long rus'. Sin{ceer Thomas 3 1. I i rkgton Deputy Chief TMP / 10 Sincerely, Thomas M. Billington Deputy Chief/opel-ations TMB/10 MEMORANDUM TO: Councilman Watford DATE: 6/13/96 FROM: Nina Borenstein FIRE FIGHTING EQUIPMENT NEEDS Further research into equipment needs for fire departments all virtually document the same criteria; to wit: ► Have a master plan in mind before you even budget for equipment ► Do more with less - try to design a system that best meets your needs ► Design a process with regard to fire prevention, education, notification, as well as fire fighting. Before purchasing fire equipment, personnel evaluations should be performed to insure that the personnel will be able to use (and understands) the new equipment. In a study entitled "Factors Affecting Innovations in the Fire Service", one pitfall mentioned in purchasing equipment is the relationship between fire department officials and the salesmen and/or distributors of such equipment. In this regard, the study says that there currently is no unbiased source of information for the performance of fire equipment. The equipment cannot be fully evaluated until after it is purchased. The study further states that equipment purchasing decisions have been made solely on the department's judgement; there are no updated sources of information dealing with equipment requirements of fire departments. I also took it upon myself to call Cortez Lawrence. He essentially told me the same thing as he put in his 1994 report. He said he would be happy to discuss the report with you at any time if you care to call him. He did admit he cleaned up some of the language in the report (whatever that means). His number is (334) 887-4908. Also, I am enclosing a list of publications that John has written regarding the fire service. He was asked to send this as part of his curriculum vitae for his Kansas City workshop. I don't know if this will be helpful to you, but I thought you might find it valuable. LIST OF PUBLICATIONS "Is Fire Department Bureaucracy Dying?" Fire Command - January, 1978 "The Team Concept. A New Approach for Managing a Fire Department" Fire Chief - April, 1979 "Ethics and the Hierarchy" Fire Chief - July, 1979 "The Management Audit" Fire Chief - October, 1979 "Hydraulics. A New Approach" David Publishing Co., 1979 "Fire Fighting Principles and Practices Study Guide" Davis Publishing Co., 1979 "Marketing for the Fire Service" Fire Chief - March, 1980 "Productivity and the Quality of Work Life" Fire Chief - June, 1984 "Pitfalls in Participation" Fire Chief - June, 1984 "Standardizing Company Hydraulics" American Fire Journal - August, 1984 "Redesigning Fire Service Work" Fire Chief - January, 1985 "Impact of New Values on the Fire Service" Fire Chief - June, 1985 "Ethics, Safety and Health" Florida Fire Chiefs - November, 1990