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1999-03-02CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER: - Mayor: March 2, 1999, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend David Pleasant; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S, Thomas Deputy Clerk S. Lane Gamiotea Mayor Pro Tern Watford called the March 2, 1999 Regular City Council Meeting to order at 6:00 p.m, Reverend David Pleasant offered the invocation; Mayor Pro Tern Watford led the pledge of allegiance. Clerk Thomas called the roll: Absent Present Present Present Present Absent Present Present Present PAGE 1 OF 10 IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the Regular Meeting of February 16,1999. Regular Meeting of February 16,1999; seconded by Council Member Oliver. KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. IP75 49747 MARCH 2,1999 - REGULAR MEETING - PAGE 2 OF 10 V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on Mayor Pro Tern Watford asked whether there were any requests for additions or withdrawals from today's agenda. One today's agenda. item was added. Mr. Watford presented a certificate of appreciation to Billy Douglas for serving as the Relay For Life Team Captain 1999 and for all his hard work leading the city employee's team to raise money for the American Cancer Society. Mr. Douglas thanked everyone and reported the event raised seventy-two thousand, six hundred twelve dollars. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III Mayor Pro Tern Watford opened the Public Hearing at 6:06 p.m. A. 1. a) Motion to read by title only proposed Ordinance No. 725 amending Council Member Oliver moved to read by title only proposed Ordinance No. 725 amending the City Firefighters' Pension the City Firefighters' Pension Plan - City Attorney (Exhibit 1). 111 Plan; seconded by Council Member Markham. b) Vote on motion to read by title only. KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. c) City Attorney to read proposed ordinance by title only. Mayor Pro Tern Watford read proposed Ordinance by title only as follows: "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 Section 1, Definitions, to amend the definitions of "Actuarial Equivalent', "Credited Service" and "Salary" and to add the definition of "Plan Year"; amending Section 4, Finances and Fund Management; Amending Section 6, Benefit Amounts and Eligibility; Amending Section 8, Disability; amending Section 9, Vesting; Amending Section 16, Maximum Pension; providing for Severability of Provisions; Repealing all Ordinances in Conflict herewith and Providing an Effective Date." 2. a) Motion to adopt proposed Ordinance No. 725. Council Member Oliver moved to adopt proposed Ordinance No. 725; seconded by Council Member Markham. b) Discussion. Mayor Pro Tern Watford noted the Council received a letter outlining the changes this ordinance is proposing. He then asked whether anyone from the public had any questions or comments. There were none. MARCH 2,1999 - REGULAR MEETING - PAGE 3 OF 10 4777 VI. PUBLIC HEARING CONTINUED. A. 2 c) Vote on motion. KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. B.1. a) Motion to read by title only proposed Ordinance No. 726 amending Council Member Oliver moved to read by title only proposed Ordinance No. 726 amending the City Police Officers' the City Police Officers' Pension Plan - City Attorney (Exhibit 2). 111 Pension Plan; seconded by Council Member Markham. b) Vote on motion to read by title only. KIRK - ABSENT CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. c) City Attorney to read proposed ordinance by title only. Mayor Pro Tern Watford read proposed Ordinance 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. AS SUBSEQUENTLY AMENDED; AMENDING THE DEFINITIONS OF "ACTUARIAL EQUIVALENT, "CREDITED SERVICES" AND 'SALARY' AND TO ADD THE DEFINITION OF "PLAN YEAR"; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 9, VESTING; AMENDING SECTION 16, MAXIMUM PENSION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 726. III Council Member Oliver moved to adopt proposed Ordinance No. 726; seconded by Council Member Markham. b) Discussion. III Mayor Pro Tem Watford again noted the letter outlining the amendments to this ordinance. He asked whether there were any questions or comments from the public. There were none. MARCH 2,1999 - REGULAR MEETING - PAGE 4 OF 10 M. PUBLIC HEARING CONTINUED. B. 2 c) Vote on motion. KIRK - ABSENT CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. C.1. a) Motion to read by title only proposed Ordinance No. 727 amending Council Member Markham moved to read by He only proposed Ordinance No. 727 amending the Comprehensive Plan the Comprehensive Plan Future Land Use Map Amendment- City Future Land Use Map Amendment; seconded by Council Member Oliver. Attorney (Exhibit 3). b) Vote on motion to read by title only. KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. c) City Attorney to read proposed ordinance by title only. Mayor Pro Tem Watford read proposed Ordinance by title only as follows:"AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 727 (City Planning Board Council Member Markham moved to adopt proposed Ordinance No. 727 (City Planning Board recommending approval); recommending approval). seconded by Council Member Oliver. b) Discussion. Mayor Pro Tern Watford asked whether there were any questions or comments from the public. There were none. c) Vote on motion. KIRK - ABSENT CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. MARCH 2,1999 - REGULAR MEETING - PAGE 5 OF 10 ZPW CLOSE PUBLIC HEARING. III Mayor Pro Tern Watford closed the Public Hearing at 6:14 p.m. Mi. NEW BUSINESS. A. Usual presentation highlighting historic resources in Okeechobee The Division of Historical Resources is one of seven divisions within the Department of State, under Florida' Secretary and present recommendations for adaptive use, preservation and of State, and is the primary state agency responsible for promoting the historical, archaeological, museum, and folk redevelopment- John Johnson and Bonnie Dearborn, Florida culture resources in Florida. The division Director serves as Florida's State Historic Preservation Officer, providing a Division of Historical Resources. liaison with the national historic preservation program conducted by the National Park Service. The Division is composed of three bureaus: Archaeological Research, Historic Preservation and Historical Museums. Mr. John Johnson has been working with City Staff and various other members of the community to research the history of Okeechobee and give the following recommendations to preserve the community's historic sites and adopt a historic district Flagler Park. The park was laid out by P.L. Jenkins, a civil engineer for the Okeechobee Land Company, of the Florida East Coast Railway. The play was record for the City of Okeechobee in 1914. The park consists of eleven consecutive blocks that spell out the name "F L A G L E R P A R K" and form the central east -west axis of the City. The park deserves special attention because it is one of the towns most significant cultural resources. The towns first wood -frame railroad station was built in 1915 (it burned down in 1958) immediately southwest of the park. During its 85-year history the park has seen both temporary and permanent construction. Today the park contains a small gazebo, the Chamber of Commerce (1985), the County Library (1968) and the American Legion Memorial. Okeechobee City Hall Building. Itwas designed by the architectural partnership of William W. Hatcher and Lawrence S. Funke from Ft. Pierce and constructed the 1926 on a block in the historic Flagler Park. This two-story building commands the eastern edge of the large downtown civic park. The city hall is significant as one of the best publicly - owned example of the communitys heritage. The building is also significant because it contributes to our understanding of the design and construction of the Mediterranean Revival style of architecture popular in Florida during the great land boom of the 1920's. The building continues to function as the administrative offices of city government and features a large second floor Council Chambers. Okeechobee County Jail. It was designed by F.W. Trimble from Ft Pierce. The jail is an interpretation of the Classic Revival style of architecture and was constructed in 1919 one block northwest of the County Courthouse. The jail is significant as a good example of this style and features an exterior with decorative brick work. It is especially important because it has survived from an early period in the development of the County. The building is currently unoccupied. 1 m MARCH 2,1999 - REGULAR MEETING - PAGE 6 of 10 VII. NEW BUSINESS CONTINUED. A. Visual presentation highlighting historic resources in Okeechobee Okeechobee County Courthouse. It was designed by George Gaynor Hyde, an architect from New York, and built and present recommendations for adaptive use, preservation and in 1926 North of Flagler Park. The Courthouse is significant as one of the best publicly -owned examples of the redevelopment continued. communitys heritage. This large two-story building is also significant because it contributes to our understanding of the Mediterranean Revival style of architecture popular in Florida during the great land boom of the 1920's. The Courthouse is the Citys grandest example of the architectural style and deserves special attention. The building is the administrative offices of the County government and features a large courtroom on the second floor. Counter Historic Marker. This marker is a good example of the official Florida roadside markers that were used throughout the state to commemorate historic places, people and events important in local history. This marker was dedicated in 1961 by the Florida Board of Parks and Historic Memorials. It is proudly displays at the South entrance to the County Courthouse and serves as a reminder that the establishment of the County 1917 was the singular event that led to the present form of government. The County was formed from St Lucie, Osceola and Palm Beach Counties. Tantie School House. The school was built in 1909 in the frame vernacular style by pioneers of a settlement north of Lake Okeechobee. This third school was named for the teacher, Tantie Huckaby. The two -room building was originally located on South Parrott Avenue and served students until 1915. The building was a residence until it was relocated in 1976 to county -owned land North of the City on Highway 98. It now serves in the local history program of the Okeechobee Historical Society founded in 1973, and is open for group tours and special occasions. Okeechobee Elementary School. The building was designed by F.H. Trimble of Fellesmere, with assistance from Ralph E. Steele of Okeechobee, and constructed in the Classic Revival style in 1916. The character defining features are the arched entrance, grouped sash windows and intricate brickwork. It is a good example of this style and as restored with a grantfrom the Florida Division of Historical Resources in 1996. The school served the elementary and high school grades until 1926 when the adjacent High School was opened. It now serves as the administrative offices of the Okeechobee County School Board. Okeechobee High School. It was designed by the architectural partnership of William W. Hatcher and Lawrence S. Funke of Ft Pierce and constructed in 1926. The building is a good example of the Mission Revival style of architecture and is currently being restored. The character defining features are the curvilinear roof gable, arcaded entrance and intricate brickwork. The school served to compliment the 1916 Elementary School and after restoration will be used for the ninth grade campus. —4 MARCH 2,1999 - REGULAR MEETING - PAGE 7 OF 10 W/ VII. NEW BUSINESS CONTINUED. A. Visual presentation highlighting historic resources in Okeechobee Okeechobee School Auditorium. This building was constructed under the supervision of M. Ross Watson, a state and present recommendations for adaptive use, preservation and engineer, as a project for the Federal Works Progress Administration. It was built in 1934 in the Colonial Revival style redevelopment continued. that features a large stage, a spacious auditorium and decorated entrance portico. This good example of a WPA project is significantfor its association with the New Deal Program. The auditorium was recently restored and will be used for 11 a variety of school and community programs. Seaboard Airline Railway Station was designed by the architectural firm of Henry S. Harvey and Louis P. Clarke of West Palm Beach for the Seaboard Airline Railroad Company and constructed in the Mediterranean Revival style of architecture in 1924 on the northern edge of the City. During the 1920's Harvey and Clarke was the largest commercial firm in Palm Beach County and were responsible for designing all the railroad stations on the Seaboard line from Coleman to Homestead. The station is significant as a good example of the Mediterranean Revival style of architecture popular in the great Florida land boom of the 1920's. Today, the AMTRAK train stops daily for passenger service to West Palm Beach. The Browns' Building is a large industrial building and was designed in a vernacular style and constructed about 1920. It was used for a number of years as a restaurant and lounge for the local neighborhood. Its size and steel frame construction make it an ideal building for rehabilitating and developing a new use. The Clay Building was designed in a commercial style as a gasoline station about 1937. The building is significant as a rare survivor of road side architecture and should be preserved as a good example of this early era in automobile history. The building still has the original three -bay open-air service area where automobiles and small trucks were refueled. The building is currently used a private residence. Okeechobee Bank was designed by an unknown architect and constructed in 1915 in a Neoclassical style of architecture facing Flagler Park. The building is significant as a regional bank and because it is a rare survivor of an early period in the development of the town. The character defining features of the two-story bank include; a symmetrical front facade dominated by columns, large windows, yellow brick exterior and a two story bank lobby. The building adjoins a single story building designed in a complimentary style that served for many years as a grocery store. When the bank ceased operations in 1926, the grocery store expanded its operations into the former bank building. The building is privately owned and is currently vacant. MARCH 2,1999 - REGULAR MEETING - PAGE 8 OF 10 VII. NEW BUSINESS CONTINUED. The Okeechobee Livestock Market is a large agricultural facility that features a market with cattle sheds and pens A. Visual presentation highlighting historic resources in Okeechobee constructed in 1939 adjacent to the Seaboard railroad tracks northwest of the City. The livestock market was organized and present recommendations for adaptive use, preservation and by the Okeechobee County Cattlemen's Association. The market is significant as the only facility of this scale in the redevelopment continued. state and its historic associations with the Florida cattle industry. Since 1961, the market has been operated by the 11 same owner. The livestock market continues to hold sales twice a week. First United Methodist Church was designed in the Late Gothic Revival style and constructed primarily of red brick in 1924. The building is a good example of this style and the character defining features include; a steep gable roof, a cast stone window crowns, a corner bell towner and a variety of stained glass windows. The church is significant for its style and the contributions of the congregation to the religious and social development of the community. Residential Architectural Styles include several residences and the recommendation is to include these types of building among those designated in the proposed Historic Preservation Ordinance: I House ,1910; Gable -Front House, 1910; a Pyramidal House,1910; Pyramidal House,1917 (currently Ranch Travel); a Bungalow, 1920; a Mediterranean Revival home,1925; A Mission style house,1925 and a Craftsman style house,1923. The Okeechobee Battlefield Marker is located a mile southeast of Taylor Creek on the east side of U.S. Highway 441. The marker commemorates the historic encounter along the creek on Christmas Day in 1837 between Colonel Zachary Taylor and Seminole and Miccosukee Indians during the Second Seminole War. This bronze marker on a limestone rock was dedicated 1939 by descendant of Colonel Richard Gentry and the Florida Society of the Daughters of the American Revolution. In 1985 an archeological surrey was conducted to locate the battlefield and the site was declared a National Historic Landmark. Taylor Creek was renamed for Colonel Zachary Taylor, the U.S. Army leader in the historic Battle of Okeechobee in 1837. The creek begins in the northwestern section of the county and empties at the lack into Lake Okeechobee. Taylor Creek is significant because of the historical associations with the famous battle of the Second Seminole War and the site of the first pioneer settlements. The catfishing industry in the early part of the 20th Century created numerous packing houses and boatyards along the banks of the creek. Today, the creek is still an important waterway for recreational and fishing activities. The Taylor Creek Cabins are ten small frame buildings that were relocated to this site in 1959 and are owned by the adjoining Taylor Creek Lodge. The tourist cabins are located along scenic Taylor Creek on land owned by the Florida Department of Environmental Protection. The site is adjacent to the Taylor Creek Lock and access is provided at this point for boats traveling into Lake Okeechobee. The cabins are a popular destination for sportsmen and fishermen. MARCH 2,1999 - REGULAR MEETING - PAGE 9 OF 10 & 3 Mi. NEW BUSINESS CONTINUED. A. Visual presentation highlighting historic resources in Okeechobee and present recommendations for adaptive use, preservation and redevelopment continued. The preservation strategies are: To develop a Master Plan for the preservation of the park that honors the original intent and prepare plans to restore the City Hall, County Jail, Courthouse, Tantie School House, Seaboard Airline Railway Station, Brown Building, Clay Building and Methodist as well as the Primitive Baptist and Christian Science Society Churches. Nominate City Hall, County Jail, Courthouse, Tantie School House, Okeechobee Elementary School, Okeechobee High School, School Auditorium, Seaboard Airline Railway Station, Brown Building, Clay Building Okeechobee Bank, Livestock market, Methodist, Primitive Baptist, Christian Science Society Churches and the Taylor Creek Cabins to the National Register of Historic Places. Prepare an Historic Structures Report to identify existing conditions and recommendations for restoration of City Hall, County Jail, Courthouse, Tantie School House, Seaboard Airline Railway Station, Brown and Clay Buildings, Okeechobee Bank, Livestock Market, Taylor Creek Cabins, Methodist, Primitive Baptist and Christian Science Society churches. Apply for a matching grant to the Florida Bureau of Historic Preservation to accomplish the restoration of the above mentioned buildings excluding the Railroad Station, Brown and Clay Buildings, Okeechobee Bank and Livestock Market. The recommendation for these private buildings are to provide financial incentives. Prepare a Maintenance Program for all the building mentioned that conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for restoring Historic Building. Develop and participate in the Florida Heritage Education Program that includes elements from the Folklife Program and Lesson Plans produced for classroom teaching and field trips and develop a Heritage Education Program for the schools, mural and battlefield marker. Consider relocating the Historic Marker for the battlefield to a site along Taylor Creek where it would be more accessible to students and tourists. Consider the developments proposed for the Taylor Creek Trailhead in the 1996 Master Plan of the Florida National Scenic Trail for Taylor Creek and the Taylor Creek Cabins. And finally, feature each one of these sites in a brochure to promote Heritage Tourism. �N MARCH 2,1999 - REGULAR MEETING - PAGE 10 OF 10 VII. NEW BUSINESS CONTINUED. A. Visual presentation highlighting historic resources in Okeechobee Following a brief question and answer period, the Council instructed Administrator Bradshaw to meet with the County and present recommendations for adaptive use, preservation and Administrator to work on a City and County Historic Preservation Ordinance. The County Commissioners present redevelopment continued. suggested the two entities work on this project together, everyone agreed. Mr. Johnson advised he would wait until he is contacted by either party to begin working on a proposed ordinance and design guidelines. VIII. ADJOURN REGULAR MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. ATTEST: BONNIE S. THpMAS, CMC CITY CLERK AIDO W L I N Z R. WATAD, MAYOR PRO TEMPORE There being no further items on the agenda, Mayor Pro Tern adjourned the meeting at 7:35 p.m. D CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES I. CALL TO ORDER: called the Mar 2, 1999 Citv Council Regular Meeting, to order at II. OPENING CEREMONIES: Invocation offered by 4-v-- Pledge of Allegiance led by ti9 III. MAYOR, COUNCIL AND STAFF ATTENDANCE i�lr9-C �•-U o� PRESENT `` ABSENT 1 � Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr City Attorney John R. Cook City Administrator Robert J. Bradshaw City Cleric Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES • City A. Council Memb moved to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of February 16,1999; seconded by Council Member_. WCUSSION: V,. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V14 OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor �y. 1. a) Council Member ! moved to read by title only proposed 4p11t1sko ending the Cky RE~ Perftn Plan -sty Attorney (Exhibit 1); seconded by Council Member %� b) Vote on motion to read by titre only. • • Section 16, Maximum Pension; providing for Severability of Provisions; Repealing all Ordinances in Conflict herewith and Providing an Effective Date! 2. a) Council Member a� moved to adopt proposed Ordinance No. 725; seconded by Council Member b) Discussion. , c) Vote on motion. B. 1. a) Council Member mo;e to read by title only propose„......,>: . �am th - on - City Attorney (Exhibit 2); seconded by Council Member b) Vote on motion to read by title only. c) 2. a) Council Member �� Member�� . b) Discussion. c) Vote on motion. moved to adopt proposed Ordinance No. 726.; seconded by Council • • C. 1. a) Council Member'" moved to, d by title only proposed ed ft. 727 a0fifti ,= L City Attorney (Exhibit 3); seconded by Council Member a. b) Vote on motion to read by We only. b) Discussion. c) Vote on motion. CL6SE PUBLIC HEARING Vli, NEW BUSINESS. A. Visual presentation highlighting "POWr tl n V v n John Johnson and Bonnie Dearborn, Florida Division of Historical Resources. D CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES i h CALL TO ORDER: the Mar 2. 1999 Citv Council Reaular Meetina. to order at II. OPENING CEREMONIES: Invocation offered by tea) Thud nu ; Pledge of Allegiance led by MQAjM_Eu ML", (�J ► III. MAYOR, COUNCIL AND STAFF ATTENDANCE O PP 11 PRESENT ABSENT Mayor James E. Kirk V Council Member Noel A. Chandler ✓ Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J. Bradshaw �r City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea ..� V., AGENDA - Mayor. A Requests for the addition, deferral or withdrawal of items on today's agenda. l ppv. )) t w �� `� '�cli�l�d. �elc �x L T�ea�►c. V7Z, ml�• i e Rid VI., •PEN U�LIC HEARING FOR ORDINANCE ADOPTION - Mayor = A. 1, a) Council Member 80 moved to read by title only proposed Ordinance No. 725 amending the City Firefighters' Pension Plan -City Attorney (Exhibit 1), seconded by Council Member L &_.- b) c) Section 16, Maximum Pension; providing for Severability of Provisions; Repealing all Ordinances in Conflict herewith and Providing an Effective Date." 2. a) Council Member moved to adopt proposed Ordinance No. 725; seconded by Council Member Lfn . �) Discussion. ef c) Vote on motion. B. 1. a) Council Member ZO moved to read by title only proposed Ordinance No. 726 amending the City Police Officers' Pension Plan - City Attorney (Exhibit 2); seconded by Council Member b) Vote on motion to read by title only. b) Discussion. Dw- & fur - OGALL , c) Vote on motion. f` tS � C. 1. a) Council Members moved to read by title only proposed Ordinance No. 727 amending l the Comprehensive Plan re Land Use Map Amendment - City Attorney (Exhibit 3); seconded by Council Member b) Vote on motion to read by title only. �►,' 2. a) Council Member ZJ" moved to adopt proposed Ordinance No. 727 (City Planning Board recommending approval); seconded by Council Member Bd b) Discussion. ? ��ltc`� lZQat.R. i c) Vote on motion. i; CLOSE PUBLIC HEARING I. NEW BUSINESS. Visual presentation highlighting historic resources in Okeechobee and present recommendations for adaptive use, preservation and redevelopment - John Johnson and Bonnie Dearborn, Florida Division of Historical Resources. LA Sheer Ck 26 &ta4 h c-z� / 9 2 6, /M� 19 aILAt ox 13k4, f4k 1� ruL Y 6c(xt /"Y 'ZI /q,?S rj- )19q ex'c r Pa"tz �� frJ S� %ad Utz,--, M GAS M o-tIZI ��. r C 01j't 00"C'4� j. '(- )� /&LA� urataf ('G.�.. do fJA 04c popu 614Qj5 ? i� of 0f OKrEcA, CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING tq o* ,,�''OFFICIAL AGENDA PAGE 1 of 3 I. CALL TO ORDER: - Mayor: March 2, 1999, City Council Regular Meeting, 6:00 p.m. • II. OPENING CEREMONIES: Invocation offered by Reverend David Pleasant; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of February 16, 1999. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. MARCH 3, 1999 - CITY COUNCIL AGENDA - PAGE 2 OF 3 VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No. 725 amending the City Firefighters' Pension Plan - City Attorney (Exhibit 1) b) Vote on motion to read by title only. c) City Attorney reads proposed Ordinance by title only. 2. a) Motion to adopt proposed Ordinance No. 725. b) Discussion. c) Vote on motion. B. 1. a) Motion to read by title only proposed Ordinance No. 726 amending the City Police Officers' Pension Plan - City Attorney (Exhibit 2) b) Vote on motion to read by title only. c) City Attorney reads proposed Ordinance by title only. 40 2. a) Motion to adopt proposed Ordinance No. 726. b) Discussion. c) Vote on motion. C. 1. a) Motion to read by title only proposed Ordinance No. 727 amending the Comprehensive Plan Future Land Use Map Amendment - City Attorney (Exhibit 3) b) Vote on motion to read by title only. c) City Attorney reads proposed Ordinance by title only. MARCH 3, 1999 - CITY COUNCIL AGENDA - PAGE 3 OF 3 VI. HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No. 727 (City Planning Board recommending approval). b) Discussion. c) Vote on motion. 0 CLOSE PUBLIC HEARING. VII. NEW BUSINESS. A. Visual presentation highlighting historic resources in Okeechobee and present recommendations for adaptive use, preservation and redevelopment - John Johnson and Bonnie Dearborn, Florida Division of Historical Resources. VIII. ADJOURN REGULAR MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City • Clerk tapes are for the sole purpose of backup for official records of the Clerk. • • �lchchc�' / oRnnNnivcE No. '7z5 /Ylor 3 R�endcz AN ORDINANCE OF THE CITY OF OIMECHOBEE AMENDING THE CITY OF OIMCHOBEE MUNICIPAL FIRE n%xnir.KS' PENSION TRUST FUND AS ADOPTED BY ORDINANCE 656 OF THE CITY OF UKEECHOBEE- AMENDING SECTION 1, DEiti NMONS, TO AMEND T I)WINITIONS OF "ACTUARIAL EQUIVALENT", "CREDITED SERVICE" AND "SALARY" AND TO ADD THE DEFIIVTrION OF "PLAN YEAR"; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 6 BENEFIT AMOUNTS AND ELIGIBILITY; BH N&Rb SEA DISABILITY; AMENDING SECTION 99 SECTION 16 MAXD41M PENSION; PROVIDING FOR bz o vA�ABIIM OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT mwrj&Y V i i n AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OI EECHOBEE, FLORIDA: SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, as subsequently aine=W, is further amended by amending Section 1, DEFERITIONS, by amending the definitions of "Actuarial Equivalent", "Credited Service" and adding the definition of "Plan Year", to read as follows: Achiarial pt means that any benefit payable under the terms of this System in a form other than the normal farm of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establishing the actuarial present value of any form of payment other than a lump sum distribution, all future payments shall be discounted for interest and mortality by using 9* 8X interest and the 197+ IM Group Annuity Mortality Table for Males, ...d. w*,..,w1 J.,,..& rig j%0"LO :.. tii.. #~W „f disataaj....u. Credited Service means the total number of years and fractional parts of years of service as a Firefighter with Member contributions when required, omitting intervening years or fractional parts of years when such Member was not employed by the City as a Firefighter. A Member may voluntarily leave his Accumulated Contributiong in the Fund for a period of 1 five (5) years after leaving the employ of the Fire Department pending the possibility of being reemployed as a Firefighter, .... d La a y�.:�J .,f .awl 1w os-thmt-three-M years without lasing credit for the time that he was a Member of the System. If the Member :�! ....�.,�.., ....-rl„ j J1.(J) j , U. 10 Y*/ N•L ,..,,....rl��,.,..,..,�111.9im years leaves the =VWy of the Fire De nim, then die Ws Accumulated Contributions will be returned upon his written request. Uponreturn of his Accumulated Contributions, all of his rights and benefits under the System are forfeited and terminated- iI. ,, W W., —0. Upon an =...a Firefighter will w receive credit for the years and fractional parts of years of service for which he has withdrawn his Contr>'bhhtions to &= the Fund for j ,�... W .... 3 1 ,, . ! ,� �...,:, unless the Firefighter repays into the Fund the contributions he has withdrawn, with „t �,., c,A, within. 90 days after his reemployment. Salary means the basic compensation paid by the City to a Member, plus all tax defiWre4.11XACh=d and tax exempt items of income derived from elective emnayee IN rnll deductions or =I= reductions., L..l , ...t:..,.,,, t ,1-,,,,,,, "n l .... j .,therI ...:.,�,..ls,� .e I. ,,I, - „ .: 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. "Elighble employee" is an individual who was a Member before the first plan year beginning 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, as subsequently amended, is further amended by amending Section 4, FINANCES AND FUND MANAGEMENT, to read as follows: 2 1. As part of the System, there :i, L V. VL.0 ,...,�. N shed CjW" the Fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the System; iiiVY►1Yi� tl.V .w.iVtr Y�.V !/liVi l�MiY VIlk s gh{�/17 i Vs.NJayaL i �i. • 2. The actual custody and supervision of the Fund (and assets thereof) shall be vested in the Board. Payment of benefits and disbursements from the Fund shall be made by the disbursing agent but only upon written authorization from the Board. 3. All funds and .,V.,...:t-j of the Municipal Firefighters' Pension Fund may be deposited by the Board with the Finance Director of the Chy, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safekeeping of funds for the QW. However, any funds and so deposited with the Finance Director of the , „-- ,lity OW shall be kept in a separate fund by the Finance Director or clearly identified as such funds of the Municipal Firefighters' Pension Fund. In lieu thereof, the Board shall deposit the funds and NH V Y11t: V.7 of the Municipal Firefighters' Pension Fund in a qualified public depository as defined in §280.02, Florida Statutes, which depository with regard to such funds and-.,. ,L.1:;�,,.; shall conform to and be bound by all of the provisions of Chapter 280, FloridA Statutes. In order to fidfill its investment responsibilities as set forth herein, the Board may retain the services of a custodian bank, an investment advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the Board, in the investment of all Fund assets. 4. All funds and securities of the System may be commingled in the Fund, provided that accurate records are maintained at all times reflecting the financial composition of the Fund, including accurate current accounts and entries as regards the following: 3 A. Current amounts of Accumulated Contributions of Members on both an individual and aggregate account basis, and B. Receipts and disbursements, and C . Benefit payments, and D. Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to contributions and deposits from the City, and E. All interest, dividends and gains (or losses) whatsoever, and F. Such other entries as may be properly required so as to reflect a clear and complete financial report of the Fund. S. An 3 „t, — lent audit shall be performed annually by a certified public accountant for the most recent fiscal year of the City showing a detailed listing of assets and a statement of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a complete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. 6. The Board shall have the following investment powers and authority: A. The Board shall be vested with full legal title to said Fund, subject, however, and in any event to the authority and power of the Okeechobee City Council to amend or germinate this Fund, provided that no amendment or Fund germination shall ever result in the use of any assets of this Fund except for the payment of regular expenses and benefits under this System, exce g o �4e rnovided herein. All contribu- tions from time to time paid into the Fund, and the income thereof, without distinction between principal and income, shall be held and administered by the Board or its agent in the Fund and the Board shall not be required to segregate or invest .Y. ,,..&why any portion of the Fund. 4 B. All monies paid into or held in the Fund shall be invested and reinvested by the Board and the investment of all or any part of such funds shall be limited to: (1) Annuity and life insurance contracts of with life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the Members in the Fund shall be entitled under the provisions of this System and pay the initial and subsequent premium thereon. (2) Time or savings accounts of a national bank, a state bank insures by the nk Insurance Fund or a savings/building and loan association insured by the S vies Association Insunnce Fund wj,1M1,Wnff.r,�T,nj,Tistered by the Federal Deposit Insurance Corporation ol a 1= or federal chartered credit union who MIMI; i 'i r. 1 � 1,► (3) Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States Q1 by an of the government of the United States. (4) Bonds issued by the State of Israel. (5) L'Vaa'4J, aVV1W, VVaaYaA"* AjWj 1Yw JlL Ii 1 L 1. 11. u.ii WN.✓i WI by T"�CYr stme p ../�I a/.r��a 1 11.0 .1 l i d. ✓ � - AY m n J wl bWu. o-&.�14.—L ✓,� 6. --jr Y.I4111,1 YV,r.J-1112a6VYaV LII.0'Y111W U1.1✓N.i,, .4a..< ui dr.✓ U.s✓At.L., ua d... LrLLmtvc V V1w.aV aa., ra V' i :Jed that {V JVVMaat, VL thV w..r."L... aJ LMJed Irr ...Yr�.YiIr JJ aV Vu�IYLIV Ii VI►Vl�.4irnn�t, ✓�{uu/kaMW�� Va aaYg .w 4-60 V1 drf 1Y'VN Lj...A VLWWl1V{•�Nf aaYf �' K &A&";ua 11Y`ua,b Ya •a aaal►aaab NVa •aW, "Andal Ju v1a aaa�vJ4aawa� auv aa4a4v aaa �a ✓ Y . I, d u ,, ,. ,. ,,;1 ✓ 1 f .., ,, 1 M,,.u....Jt vY V S L.,.. JtKtrr .,a ,.a.......I L...1L then 5 19 t � r 1 �} dow Yaataaa� YY aaaaa�►aalC, Yt 'VNVla ••/•/laV al\ alai✓ r V uaiae•u.uailV lirum thoid aal�as s"LLAS, va aaaaa6uab wva tw10 dsaww (3) YaaCaa6 �ri��rr►u,!]�w�y��li,•,r u1*as uawJ�a aa►�ab u1w. i.ry M�aaJ uaa iiieils 1117MI r Y r,uaaaaUv69 Aua III Vr „�r...�..•��;o�rfinid, or otw. H.W.I. Stocks, commingled funds administered by national or state hanks, nnitual fiin s and bonds or other evidences of 'ndehted- ness� provided that: cMsisWa3ddcd 1 1,. G E 1 1 01 individuaftheld securities Ir1 jkII ,..1a 1 1e " 1a commingled or muttW fund 1 must 1," imued or guarantwd 1skVIam 1 on mickthehymof flyb-United States, any state or 1 11 1 11 • to f;.nl 1,-!lk=f1 1 % of h- assets of the Fund may 1. invested 1 foreignsecurities, The Board 1shall notesmorethan five pmmtof its assets in the 1 • • capital 1 or convertible securities of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent (5 %) of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock and convertible securities at cost exceed sixty percent (60 %) of the assets of the Fund. imp. WI 1[• 1 ;g1 I� :,• (1 ,1 : 1 1 1 11 UI 11 1 1 D C. The Board may retain in cash and keep unproductive of income such amount of the Fund as it may deem advisable, having regard for the cash requirements of the System. IS 12. f Tw r k.,.T,tj Neither the Board nor any Trustee shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or ant of the Fund, except that due to his or its own negligence, willful misconduct or lack of good faith. F E. The Board may cause any investment in securities land by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. G E. The Board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, ..." ,:;,tliza- tions, consolidations, and similar transactions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective or like committee with the Trustees or with depositories designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the Fund which it may deem to be to the best interest of the Fund to exercise. H.G. The Board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. r6 I B. Where any action which the Board is required to take or any duty or fitnction which it is required to perform either under the terms herein or under the general law applicable to it as Trustee under this ordinance, can reasonably be taken or performed only after receipt by it from a Member, the City, or any other entity, of specific information, certifica- tion, direction or instructions, the Board shall be free of liability in failing to take such action or perform such duty or function until such information, certification, direction or instruction has been received by it. 11. Any overpayments or underpayments from the Fund to a Member. Retiree or Beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board in such a manner that the Achtarial Frn,ival_ent of the benefit to which the Member, Re •ree or Beneficiary was correcdy entitled, shall be paid. Overpayments shall be charged against payments next succeeding the correction or collected in an_adier mamwr if Imident. Underpayments shall be made up from the Fund in a prudent manner. K 1. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits herein provided for Win. E K. In any application to or prodding or action in the courts, only the Board shall be a necessary party, and no Member or other person having an interest in the Fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. M L. Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at all times maintains continuous supervision 0 • over the acts of any such agent; provided fuuther, that legal title to said Fund shall always remain in the Board. N. The -Bond -slmlt ...1.:...,.,t-moi+e-Owl t,,.. r,,.,,,,.t. t19 .d .,.,,.1 .,f . ,,.. "d ....LL "..d-t awa, , ..l...11 L „ ..„ :.. i ,..►�..,�.� :..: a -limited ortmst. REMON 3 • That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, as subsequently amended, is further amended by amending Section 6, BENEFIT AMOUNTS AND ELIGIBILITY, to read as follows: A Member's normal retirement date shall be the first day of the month coincident with, or the next following the earlier of the attainment of age sixty (60) and the completion of ten (10) years of Credited Service or upon the completion of thirty (3e) twenty-five = years of Credited Service regardless of age. A Member may retire on his normal retirement date or on the first day of any month thereafter, and each Member shall become 100 % vested in his accrued benefit on the Member's normal retirement date. Normal retirement under the System is Retirement from employment with the City on or after the normal retirement date. A Member retiring her ider on or after his normal retirement date shall receive a monthly benefit which shall continence on the first day of the month next following his Retirement and be continued thereafter during tk Member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal ..-.. d Z.,.ah.. r.,.., .4 CL.7%) three percent (3%1 of Average Final Compensation, for each year of Credited Service. A Member may retire on his early retirement date which shall be the first day of any month coincident with or next following the attainment of age fifty-five-(55) ,(,�Q,) and the completion of ten (10) years of Credited Service. Early retirement under the System is retirement from employment with the City on or after the early retirement date and prior to the normal retirement date. 4. Early Retirement Benefit. A Member retiring hereunder on his early retirement date may receive either a deferred or an immediate monthly retirement benefit payable in the same form as for normal retirement as follows: A. A deferred monthly rem benefit which shall continence on what would have been his normal retirement date had he continued employ- ment as a Firefighter and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on his normal retirement date except that Credited Service and Average Final Compensation shall be determined as of his early retirement date; or B. An immediate monthly retirement benefit which shall commence on his early retirement date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in paagntph A above, which is reduced by ) L. .. of dw first five-O j :, h..'JI of the fire--{5) , three ==mt (3 %) for each i, j .,1,:.,h the of benefits precedes the date which would have been the Member's normal retirement date had he continued employment as a Firefighter. SECTION 4: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, as subsequently amended, is further amended by amending Section 8, DISABILITY, subsections 1, 2, 3 and 7, to read as follows: 10 • • 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. Terminated nersm either vested or non -vested, are not eligible for disabLt benefits, exWO that those terminated by the City for medical_ reasons may apWy for a disability within thirty (30) days after termination- 6777T 171T,U 111 A. presumZWon. Any condition or impairment of health of a Member caused by hypertension or heart disease shall be presumed to have been suffered in line of duty unless the contrary is shown by c w , ,, „ r �, b .i evidence, provided that such Firefighter shall have successfiilly 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. . The presumption provided for in this subpara- graph B. shall apply only to those conditions described in this subparagraph B. that are diagnosed on or after January 1, 1996. (1) 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, 11 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 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. (c) "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. (d) "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: i. Provides emergency medical treatment in a non - health -care setting where there is a potential for transfer of body fluids between persons; I 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 12 out of containers or works with or otherwise handles needles or other sharp instruments 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. (e) "Occupational exposure," in the case of hepatitis, meningococeal meningitis, or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection. (2) Presum=ration. Any emergency rescue or public safety Member who suffers a condition or impairment of health that is caused by hepatitis, meningococcal nm=*Wtis, 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: 13 ( In the case of a medical condition caused by or dewed (a In the case of meningococcal meningitis, in the IM 410) days immediately preceding diagnosis he was not exposed, outside the scope of his employment, to any person known to have meningococcal meningitis or known to be an asymptomatic carrier of the disease. (b 0 In the case of tuberculosis, in the period of time since the Member's last negative tuberculosis skin test, he has not 14 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 presump- tion is granted under this section, if medically indicated in the given circumstances pursuant to immunization policies established 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 motion or prophylaxis unless the Member's physician 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. (4) 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. (5) Re iired medical tPst_s; L3 physical. In order to be entitled to the presumption provided by this section: 15 (a) An emergency rescue or public safety Member must, prior to diagnosis, have undergone standard, medically accept- able 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., .,., u.< il.., .., .11. Yr,,.Ct'..► :..r X%OA., 'As" R L.' i W L..J.,..t rut_. ii laia Vl. ��'V Ow►t.s � tY t'V 1 V.aVV 'Yr 4.iV Yt1Yu• This paragraph does not apply in the case of meningococcal meningitis- (b) 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. 3. Disahilify Renefits Not -in- inet of jh". T Any Member with five (5) or mode years of Credited Service who shall become totally and r w :, „ . 1y disabled to the extent that he is unable, by reason of a medically deter- minable 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 d;aw...... .W..ad in the same manner as for early retirement as set forth in Section 6, subsection 4B, providing for Yi �: .:reduction.- rmr:,t VCrsons,Ili -.d or non-yestedare not eligft for disability benefits, except that * jv,�n te-rrri-rr�,1'_bv_-A e-01 f�rcr' awly for i 1 1 + within 11 Mty 1 days f.- r11 1• 1 7. Benefit Offsets. When a Member Retiree receivingdisability pension 1 1 .N 6. 1. n 1 � „ satm benefits pursuant to Florida Statute Chapter 440, for the same disability, and the total monthly benefits received from both exceed 100 % of the Member's average monthly 16 wage, as defined in Chapter 440, Florida StatLtes, ,,,.,.,1..�:..� „, ,,aLazw, the disability pension benefit shall be reduced so that the total monthly amount received by the member Retiree does not exceed 100 % of such average monthly wage. The amount of any hump sum workers' �, i.+ ".J&.ti, n payment shall be converted to an equivalent monthly benefit payable for ten (10) Years Certain by dividing the hump sum amount by 83.9692. This subsection 7 shall o ly be olicahle to the extent it does not violate the mi minim Lrem mts of Chanter 175 Florida Statutes_ as amended from time to 'me_ SECTION 5: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, as subsequently amended, is further amended by amending Section 9, VESTING, subsection 2, to read as follows: 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,. 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, determined based upon his actual years of Credited S� provided he does not elect to withdraw his Accumulated Contributions and provided Am Member survives to his normal or early retirement date. Ulk IRECTION 6: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, as adopted by Ordinance 656 of the City of Okeechobee, as subsequently amended, is further amended by amending Section 16, MAXIMUM PENSION, to read as follows: 17 • C WITI it v.l�1 Subject to the adjustments hereinafter set forth, the maximum amount of annual retirement income payable with respect to a Member under this System shall not exceed the �. l W /� Va Y ..IY Y. '\.I M 1 ✓a..�' ✓ .�. � Y V ✓ V Yi 11 Y..4K.1Vi Y.. 1Lishawe3) 'Y W -JW-L q V ✓..lY�aialw YM✓<N �Ya,:..� I I Li. ti.. rL VrI,,IA✓a .I .iJ "Ai, K✓Y I V iM✓.:..L Y. r...1-hmd-h:.. l.:�L.,.►l .. .wip" , %ewaazkowaw"L.,... 'C �,,:.:r ✓::..��.;1�„«.'� a...aMra WY r�. Vfi$l..tVa VI �y'{rL.ru.�MM'li la ✓u,.�aawa. ✓aM{LY.a.. jJ M.ar i1a M�✓YaYVis ���. V..LLIyi.1M+1 gala aY✓W aVaa✓,l✓.✓ h.Ml 1 1/��i. LiW .a✓r NatY� =r*.. ri..,AJAer'aW-2. • For purposes of applying the above limitation, benefits payable in any form other than a straight life annuity with no ancillary benefits shall be adjusted, as provided by Treasury Regulations, so that such benefits are the Actuarial Equivalent of a straight life annuity. For purposes of this Section, the following benefits shall not be taken into account: (1) Any ancillary benefit which is not directly related to retirement income benefits; (2) Any other benefit not required under §415(b)(2) of the i i - - r -11 Revenhtte Code and Regulations thereunder to be taken into account for purposes of the limitation of §415(bxl) of the Etber1 L ✓ , ✓,::, ✓ Code. � � 1 J I 1 1,-. .- 171 I tl The limitation of this Section with respect to any Member who at any time has been a member in any other defined benefit Plan (as defined in §4140) of the hftrmd i'.., , Code) maintained by the City shall apply as if the total benefits payable under all defined benefit plans in which the Member has been a member were payable from one Plan. 18 • UNNIFT-=,-11, I ti 1 11 Y. 1 •1 A. In the event the Member's . �,::. �,... �[.,l benefits become payable before age (62,), the ninety thauand doLr (590,000) limitation prescrilW by this Section shall be reduced in accordance with Regulations issued by the Secretary of the Treasury pursuant to the provisions of §415(b) of the =.4w✓-.- ..: R. I ✓,..,✓.s Code, but not less than seven -five thousand dollars ($75,OAU) if the benefit begins at or after age fifty-five (SS�1 • In the event the Member's � ..ent benefit becomes payable before age fifty-five (55), the seventy-five thousand do lay (f 75,000) limitation shall be reduced from age fifty-five (55) in accordance with Regulations issued by the Secretary of the Treasury pursuant to the provisions of 6415(b) of the i.. ✓...4,1 I`evence Code. At-M✓...l. ✓. A.4.t 1✓•..d Edkee CX V Ki V J `r 44.J s r .LnI ✓ 4[V below , C��'��'1. - 1 li." U 11 1. 1. i,' 1 1.: ':,1 • I ��: ,� 1 1 � 1 1 M= 1 •- 1 y1 • 1 1 C• I 1 �1 • 1 1.• 1 7 1 •� •. :.11/ r: 1 • LL if In the event the Member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limitation set forth in subsection 1 herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age (65). This adjustment shall be made using an assumed interest rate of five percent (5 %) and shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. 19 � w.i M# - 1 mil 1 r MI r r The ...d im m retirement benefits payable under this Section to any Member who has completed less than ten (10) years of Credited Service with the City shall be the amount determined under subsection 1 of this Section multiplied by a fraction, the numerator of which is the rnmtber of the Member's years of Credited Service and the denominator of which is ten (10). Tlm zdicdon nrnvided far in this mibsection cmll not be agWiicable to diSaWlity, s � henefift raid PlIranant to Section 8P or M retirement death benefits pg d ta•rstant to Section 7. Notwithstanding the foregoing, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limitations set forth in this Section if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit, pension plans to which the City contributes, do not exceed ten thonaand do tars ($10,000) for the applicable Plan year and for any prior plan year and the City has not at any time maintained a qualified defined contribution plan in which the Member participated. In any case where a Member under this System is also a umber in a "Defined Contribution Plan" as defined in §414(1) of the hftmal-R. , .,..,i . Code, maintained by the City, the sum of the "Defined Benefit Plan Fraction" and the "Defined Contribution Plan Fraction" (both as defined in §415(e) of the i.t .,..J R.Code) shall not, subject to the restrictions and exceptions contained in §2004 of the Act, exceed 1.0. This limitation is mc=led effective JamIM ,2000. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the Member's benefit under any defined benefit plans in which Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be determined by the Board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the Member participated, such 20 reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and prty pursuant to the agreement of the "i;...t,,,,.. Roard and the plan administrator of all other plans covering such Member. 8. Cost -of -Lying Adjustments. The limitations as stated in Subsections 1, 2, 3, and 6 herein shall be adjusted to the time payment of a benefit begins in accordance with any cost -of -living adjustments by the Secretary of the Treasury pursuant to §415(d) of the L' .. W...-J R W I Code. 9. Additional Limitation on Pen-Ldon Benefits. Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously participated in such System, on or after January 1, 1980, shall not exceed -H* one hundred percent (100%) of his Average Final Compensation. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. B. No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from 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 7: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. 21 SEMON.$: 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 approprioe jurisdiction, the reinaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 9: That this Ordinance shall become effective upon adoption. Introduced on first reading and set for public hearing this day of , 1999. Janes L. Kirk, Mayor ATTEST: Bonme S. 'Thomas, C;MC;, City Clerk 1999. Passed on second reading after public hearing this day of , F.N V URI i 9 lJonme S. Thomas, C:MC;, City Clerk bm%ok%An 1-W-""d James E. Kirk, Mayor 22 • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (941) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of a f vertise- ment, being a A-4 b / /%' C- /V o -� I - C- -(- in the matter of C r � `-f ©-r— o 1e e e (,-!- o fie 2 in the 19th Judicial District of the circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues Of F-e- h r- uav-� ��,► / �9' Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swo to' and inscribed before me this day of r t,� c� r �1 A . 19 9 J • .,o for -"A,N*ei+pe•fro�e�" k. "VowbW wick rM fA") wed WW" Notary Public, State of Florida at Large *R"'�i Anna M Hines * *My Commi3SIOn CC715804 �'�►Mwrl`' Expires March 31, 2002 • • FX hi 1b4 z mar 3 Agra. oxnnvertcE NO. 7z� AN ORDINANCE OF TIE CITY OF OKEECHOBEE AMENDING THE RESTATED CITY OF O1=C1010BEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND AS ADOPTED BY ORDINANCE NO. 657 AS SUBSEAUENSTLY AMENDED• AMENDING THE D �� ONS OF "AZWUTAL EQUIVALENT" "CREDTI'ED SERVICE" AND "SALARY" AND TO ADli THE OF "PLAN YEAR"; AMENDING SECTION 4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 6 164,11"4 a & AMOUNTS AND ELIGIBU.ITY; ArVIENDIlV�G SECTION 8, DISABILITY; AMENDING SECTION 9 VESTING- AMENDING SECTION 16 MAXIM[UM �ENSION; PROVIDING FOR SEVERABAM 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, FLORIDA: SECTION.L. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, as subsequently amended, is further amended by amending Section 1, DEFINITIONS by amending the definitions of "Actuarial Equivalent", "Credited Service" and "Salary", and adding the definition of "Plan Year", to read as follows: Actuarial EwAyakW means that any benefit payable under the terms of this System in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establishing the actuarial present value of any form of payment other than a lump sum distribution, all future payments shall be discounted for interest and mortality by using 9* $X interest and the 197t 1W Group Annuity Mortality Table for Males, with ages set ahead r, „ j .,...., :.. Qi„ %1&W , „f clLj"L *?"&J A WL ,,.,... Credited Service means the total number of years and fractional parts of years of service as a Police Officer with Member contributions when required, omitting intervening 1 • years or fractional parts of years when such Member was not employed by the City as a Police Officer. A Member may voluntarily leave his AcrumLLtcd Contriibutions in the Fund for a period of five (S) years after leaving the employ of the Police Department pending the possibility of being reemployed as a Police Officer, without losing credit for the time that he was a Member of the System. If the Member J.. 1„ Ft leavrs, the employ of the Police Department. shoo d not-t ., . ,.,....r laye u.,..a ..:dfin-five-(5) � �,;, then -the his Accumulated Contributions will be returned upon his written request. Unon return of his Accum lamd r-antributions, all of his rights and benefits under the Syg m are forfeited and The years or fiactiocml 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, volun- tarily 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. Sauzy means the total compensation for services tendered to the City as a Police Officer reported on the Member's W-2 form phis all tax deferred, tax sheltered and tax exempt items of income derived from elective mnWg= M=U deductions or salarr reductions. Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code shall be disregarded. The limitation on cxanpensation for an "eligible employee" shall not be less than the amount which was allowed to be falcon into account hereunder as in effect on July 1, 1993. Kj "Eligible employee' is an individual who was a Member before the first plan year beginning after December 31, 1995. S'EGTION 2. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, as subsequently amended, is further amended by amending Section 4, FINANCES AND FUND MANAGEMENT, to read as follows: 1. As part of the System, there L L, ✓„.0 ✓,,,bfidwd oaijb the Fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the System,.; inzlttdi rti--„ ....,. a w f u.., j w. �'� . ,. „; .,,'r.�-Pofize-9ff .,.,. I`.....►:.,.. TX W.4 F%"& . 2. The actual custody and supervision of the Fund (and assets thereof) shall be vested in the Board. Payment of benefits and disbursements from the Fund shall be made by the disbursing agent but only upon written authorization from the Board. 3. All funds ands✓✓...a:✓.: of the Municipal Police Officers' Pension Trust Fund may be deposited by the Board with the Finance Director of the : . � W'r. Jity City, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safekeeping of funds for the . „„, . ; Y L, City. However, any funds and Ow—:Ews so deposited with the Finance Director of the :..:..:::„:rwrity CAX shall be kept in a fund by the Finance Director or clearly identified as such funds and ,,. --:l:.,s of the Municipal Police Officers' Pension Trust Fund. In lieu thereof, the Board shall deposit the funds and s✓✓—Z:r.. of the Municipal Police Officers' Pension Trust Fund in a qualified public depository as defined in §280.02, , which depository with regard to such funds and . ✓ ...%* r„ shall conform to and be bound by all of the provisions of Chapter 280, FlaWa Statules. In order to fiilfill its investment responsibilities as set forth herein, the Board may retain the services of a custodian bank, an investment advisor registered under the Investment 3 Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the Board, in the investment of all Fund assets. 4. All funds and securities of the System may be commingled in the Fund, provided that accurate ate records are maintained at all times reflecting the financial composition of the Fund, including accurate current accounts and entries as regards the following: A. Current amounts of Accumulated Contributions of Members on both an individual and aggregate account basis, and B. Receipts and disbursements, and C . Benefit payments, and D. Current amounts clearly reflecting all monies, fins and assets whatsoever attributable to contributions and deposits from the City, and E. All interest, dividends and gains (or losses) whatsoever, and F. Such other enbies as may be ' f required so as to reflect a clear and complete financial report of the Fund. S. An audit shall be performed annually by a certified public accountant for the most recent fiscal year of the City showing a detailed listing of assets and a statement of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a complete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. 6. The Board shall have the following investment powers and authority: A. The Board shall be vested with full legal title to said Fund, subject, however, and in any event to the authority and power of the Okeechobee City Council to amend or terminate this Fund, provided that no 4 amendment or Fund termination shall ever result in the use of any assets of this Fund except for the payment of regular and benefits under this System, except as otherwi.ie provided herein. All contribu- tions from time to time paid into the Fund, and the income thereof, without distinction between principal and income, shall be held and administered by the Board or its agent in the Fund and the Board shall not be required to segregate or invest separately any portion of the Fund. B. All monies paid into or held in the Fund shall be invested and reinvested by the Board and the investment of all or any part of such funds shall be limited to: (1) Annuity and life insurance contracts of A& life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the Members in the Fund shall be entitled under the provisions of this System and pay the initial and subsequent premium thereon. (2) Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund or a savings/building and loan association insured by the Savings Association Insurance Fund which is administered bye Federal Deposit Insurance Corporation ar a state ar federal chartered credit inion whose shah accounts are insured by the National Credit Union Shane Insurance Fund. (3) Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States jz (4) Bonds issued by the State of Israel. 5 U ` �J'uar1W, WtV vl�, vYaaaaaaua�,w/.y�� u.,��„�,a11��Ju ., ,,. dwuall'vav I14.,..6 Sftft«—.Ld 6— r +d 1�•1NutV VW u+iY�aillw�r Yr l.. �j �i1Y +.h,wnLVr �1 V Y�r L.�M.tl V •r Y:l �llb.{f/ V wttfKkr file laws of die �VV, Yi.i 1 uri.dv �a r.�/...:.,r1 tV..� ✓a� �ithc-EJ:::t„� .riLi,...., Ya d. Q 'l l U a•r• aM }a�Y �a aaa av NV Yaaaa, u y.�✓�✓uir u,l{i, i.r,.0 nw l«�Wr ...I.�Nr.,E•,u*�_J.a�w✓u�aau.✓� v..r�`.Y.r.�v�Z Sa�.a�LL,� u..`..�.� rk��r w.:v wl Ilie-d aYV l ekes*-tll".11v1a�awa.s Lj K a�usjua aK�aaab va I7[IlLaaa�, l/va • aYv, •aaai ai uasvia aaa i WaL"WAAL auv as '6 6.�...,�.,�1ui..�1 /r �•••rr. wa A L.,Ia J�a�✓ Ya a•aataYa I ff ,�L�11 oiv aMWa� Ya aNaa:Wa� Yl J. ayDYV aaa {iY.v vr•..ara•••�1�T7T[IAT-bI]i{II as a�.�, aia aKaa�a6 a•aw �Y�r �aavv \�/ aK�ae, tl..l..►:C t: i `` lrl• Yaad{�Y}�� 1K aalKJ Va � aK��ab�'1►fVa •aMV Gum; JUMP aaV 1n ✓:��id, �uJ VVYnu r•�•V Y� VV �I Vaaa�a.(V� �j--jaaV V ralYaiaaa�aV ��aaY, Va VKa', Via 11I:0 W. 7S•:y. 1 11 11 1 �,1 1 1 1 1 11 1 lam/ 1 1 1 • 1• is - 1 : ( 11 1 l (�/ : 1 1 1�1 1:1 • • I1�/ 1 I •; � • 1�1 1 f� 1 •;ali IJl1 I 1 �'.1 I 1� t: ►S 1 I �1 ! 1 / 1 1,.' 1 �• :11 � 1 1 •1l11 1 �.1 1 Ill 1... COMO I :.1 is I ✓• f- • Ii1?: 1 �1 1" (• 1 r • 111- I f�l Y. I- 1 1. /J y11 6f 1 • 11 1 �1 1 • I:Jj 1, (•_ 1 1 11, • (. V 1,1 11 1, I til9 119• ( J1 '.;,1tl ( 1 l/J £L The Board shall not invest more than five percent (5 %) of its assets in the common stock, capital stock or convertible securities of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five , :,. ,,:,..: (5 %) of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock and convertible securities at cost exceed sixty percent (60 %) .of the assets of the Fund. (6) Real estate, provided the Board dWI not invest more than ten neroen (10%) at cost in real n=crtv or real estate. D .C. The Board may retain in cash and keep unproductive of income such amount of the Fund as it may deem advisable, having regard for the cash requirements of the System. E D. U. r WJYY Yr Y.�:�. ;i Neither the Board nor any Trustee shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or dimitishment of the Fund, except that due to his or its own negligence, willful misconduct or lack of good F E. The Board may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it nay direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. 6 E. The Board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power 7 • • of substitution; to participate in mergers, reorganizations, recapitaliza- tions, consolidations, and similar transactions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective or like committee with the Trustees or with depositories designated thereby; to amortize orfail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the Fund which it may deem to be to the best interest of the Fund to exercise. H.G. The Board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. f $. Where any action which the Board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as Trustee under this ordinance, can reasonably be taken or performed only after receipt by it from a Member, the City, or any other entity, of specific information, certifica- tion, direction or instructions, the Board shall be free of liability in failing to take such action or perform such duty or function until such information, certification, direction or instruction has been received by it. f I. Any overpayments or underpayments from the Fund to a Member. Retirm or Beneficiary caused by errors of computation shall be adjusted with interest at a rate per amwm approved by the Board in such a manner that the Achmrial Emlivallent of the benefit to which the Member, Re•ree or Beneficiary was corn dy entice shall be =W. Overpayments shall Ii be charged against payments next succeeding the correction or collected in anodw manner if lMdMt- Underpayments shall be made up from the Fund in a prudent manner. K j. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits hmen provided for herein. E $. In any application to or proceeding or action in the courts, only the Board shall be a necessary party, and no Member or other person having an interest in the Fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. M L. Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said Fund shall always remain in the Board. a.1.IVt.1 .YY aVYa l,a Vy Va t, VY iVV� ..,Lla mid time shaff Yii./ a.i l V.►:.aaiVal� LY 1 1 •r SEMON /eat V.a r4a tla Va.WYj/ Va traWt. . That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, as subsequently amended, is further amended by amending Section 6, BENEFIT AMOUNTS AND ELIGIBILITY, subsections 3 and 4, to read as follows: 3. Early Retirement Date. A Member may retire on his early retirement date which shall be the first day of any month coincident with or next following the attainment of age fifty-five (55) = and the completion of ten (10) years of Credited Service. Early retirement under the System is retire nest from employment with the City on or after the early retirement date and prior to the normal retirement date. 4. Early Retirement Benefit. A Member retiring hereunder on his early retirement date may receive either a deferred or an immediate monthly retirement benefit payable in the same form as for normal retirement as follows: A. A deferred monthly retirement benefit which shall commence on what would have been his normal retirement date had he continued employment as a Police Officer and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for on his normal retirement date except that Credited Service and Average Final Compensation shall be determined as of his early retirement date; or B. An immediate monthly retirement benefit which shall commence on his early retirement date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in paragraph A above, which is reduced by one -fifteenth- f b4 th) R. ..h of dw se-dive-fs) , W...,, .—A one ddr" ) IL . .eh -of die-nenct five—C) ,...,, three new31) for each veer L j ..lu,,h the 4 6..:.... ;....cement of benefits precedes the date which would have been the Member's normal retirement date had he continued employment as a Police Officer. SECTION 4. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, as subsequently amended, 10 Any Member who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to 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 .: 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. Terminated Mc a, either vested or nmt-veated, are not ea lilig;Ue for disability benefits, excot that those terminated by the City for medico] reasons may apply fora disability within tbiM (30) days after term A. Presumption. Any condition or impairment of health of a 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 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 fur@ner, that such presumption shall not apply to benefits payable or granted in a policy of life insurance or disability insurance. $. Additional PresumIgion. 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. (1) Definitions. As used in this subsection 2.B., the following definitions apply: 11 (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 tern "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 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. (c) "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. (d) "High risk of occupational exposure" means that risk that is incurred because a person subject to the provisions of 12 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 instruments 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. (e) "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. 13 (2) P.resum0m. 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. 14 (3) Rbysi, {aW 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 meningococc al meningitis or known to be an asymptomatic carrier of the disease. fbi�(cl 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. �. 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 nrununizat. policies established by the Advisory Committee on Immunization Practices of the U.S. Public Health Service, an :,.6..ocy 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 15 rescue or public safety Member to undergo such immunization or prophylaxis disqualifies the Member fibrn the benefits of the Presumption. (4) Record. of FxXmlre . 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. (5) Rcwlired medical tests; nreerrtnloy .nit physical. In order to be entitled to the presumption provided by this section: (a) An .,...,.- "6:...,cy rescue or public safety Member must, prior to diagnosis, have undergone standard, medically accept- able 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...., ::. U ., .,...x, OF inf r..L., Jaaa.i11 la.... L...1.J ,,..a..a I. ILL—,, LJC..t,, VAaa.r a v J &I L. •V.W,{a .n�a�'vsa.vw u1 aaal'vrLu.. This paragraph does not apply in the case of meningococcal meningitis. (b) On or after June 15, 1995, an emergency rescue or public safety Member may be required to undergo a 16 preemployment physical examination that tests for and fails to reveal any evidence of hepatitis or tuberculosis. UNNEV0717 ff + ..7 - 1 3 \Me 1 Any Member with five (5) years or more Credited Service who shall become totally and permanendy disabled to the extent that he is unable, by reason of a medically deter- minable physical or mental impairment, to render useful and efficient service as a Police Officer, which disability is not directly caused by the performance of his duties as a Police Officer shall, upon establishing the same to the satisfaction of the .Board, be entitled to a monthly pension 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 r Lm'. w,�I (25 %) of his Average Final Compensation. Terminated =ms, either vested or non -vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons ma aWly for a disab9ify within thirty QQ) d�ays after to ination 7 . workers I 'C I , „ r t': , , .. Benefit Offsets. When a Member Betirm is receiving a disability pension and workers' compen- sation benefits pursuant to Florida Statute Chapter 440, for the same disability, and the total monthly benefits received fiun both exceed 100 % of the Member's average monthly wage, as defined in Chapter 440, Florida, V..V1,. J.r..� Y Vat..the disability pension benefit shall be reduced so that the total monthly amount received by the Member Retiree does not exceed 100 % of such average monthly wage. The amount of any lump sum workers' compensation payment shall be everted to an equivalent monthly benefit payable for ten (10) Years Certain by dividing the lump sum amount by 83.9692. This subsection 7 shall only he annLicWC to the extent it does not violate the minim >tm rea-„nirements of t^banter 18i FloridA Staluteg as amended from time to 'me. 17 SECTIONS. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, as subsequently amended, is finther amended by amending Section 9, VESTING, subsection 2., to read as follows: 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, determined in the same manner as for normal or early awtia irbusent 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 ft Member's otherwise normal or early retirement date, determined based ygon his actWt _y rs of ,redimd Service; provided he does not elect to withdraw his Accumulated Contributions and provided the Member survives to his normal or early retire- ment 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. SWITON A. That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, as adopted by Ordinance No. 657 of the City of Okeechobee, as subsequently amended, is further amended by amending Section 16, MAXIMUM PENSION, to read as follows: 11600FI-TrITZ11 Y.i�JI Subject to the adjustments hereinafter set forth, the maximum amount of annual retirement income payable with respect to a Member under this System shall not exceed the L,.,. . h �rmwU thoum&dallm 090,000L.; or D. 1099frOf dlem✓...L w %0 N i W."6 W' ly�l,$a ✓gatC� u d ij rib nrdn f W 1 . v uu..J✓Vr r. I'V 'Was �awaaasi, 11laaVla Qaa'"�'O}iCC'BfFaVVa Ilaw aaaa MV41 .. I�1✓+„u�G v�. ����,W-I]iW lass laa�l.v�a. M��a✓�M� ✓a.Yu�v..aNa4uaa• ��r�+i.� w�aM�.w.��u,t 18 ti ✓wu..�,..✓,�1��;W:I.,A,1,IA 6.6.W611-,d fir& & w.*JwTed—t&Yew Ca tj J"A6 daw k'" J b'"a MJ For purposes of applying the above limitation, benefits payable in any form other than a straight life annuity with no ancillary benefits shall be adjusted, as provided by Treasury Regulations, so that such benefits are the Actuarial Equivalent of a straight life annuity. For purposes of this Section, the following benefits shall not be taken into account: (1) Any ancillary benefit which is not directly related to retirement income benefits; (2) Any other benefit not required under §415(b)(2) of the l i I - -111 revenue Code and Regulations thereunder to be taken into account for purposes of the limitation of §415(bxl) of the 111- 1 a} R. � Code. 1 1 1UO/11, 17 1 1.-.1 : 1 1 � M 1 The limitation of this Section with respect to any Member who at any time has been a member in any other defined benefit plan (as defined in §4140) of the LA.,a...& 11. a ✓..;rr Code) maintained by the City shall apply as if the total benefits payable under all defined benefit plans in which the Member has been a member were payable from one plan. 3. A4.justments in Limitations. & In the event the Member's retirement benefits become payable before age 4Ci2), the niWjy flmsand do tar 4$90,000) limitation prescribed by this Section shall be reduced in accordance with Regulations issued by the Secretary of the Treasury pursuant to the provisions of 6415(b) of the LA.-'! R. " Code, but not less than seventy-five thou-ca do lsara J$75,0001, if the benefit begina at or aflar age fli -five (55). In dre event the Member's retirement benefit becomes payable before age fifty- 19 five (55), the seventy-five thousand do tar 4$75,000) limitation shall be reduced from age fifty-five (55) in accordance with Regulations issued by the Secretary of the Treasury pursuant to the provisions of 6415(b) of the 3lR. �, .,.Code. A—M ..1✓. Il�h-atrtent -ffl..., tlr) .0... „f C.- V wi V I V. ...... YY.4 1./. 1 V LL., t ..AL i V YY V V�below, �•� 1 11. 1 111/ � 11 1. L.il," 1 1 �.1 !)1 �: 1 1��. 1 N'� h, 17 1", 17 0 12. If In the event the Member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limitation set forth in subsection 1 herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age siagt.fute l 65). This adjustment shall be made using an assumed interest rate of five ..,a ✓;.nt (5 %) and shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. .,OW.WMITIT The maximum retirement benefits payable under this Section to any Member who has completed less than ten (10) years of Credited Service with the City shall be the amount determined under Subsection 1 of this Section multiplied by a fraction, the numerator of which is the mm � ., i . of the Member's years of Credited Service and the denominator of which is ten (10). The reduction rn+o WW for in this a bsection shall not be apWiicable to disability benefits paid Idirsuant to Section R. or pre -retirement death_ benefi s y dd pursuant to Section 7 m i of •. • I e I rMi text.1.1 Notwithstanding the foregoing, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limitations set forth in this Section if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thouaan_d dollars 4$10,000) for the applicable Elan Year and for any prior Elan Year and the City has not at any time maintained a qualified defined contribution plan in which the Member participated. In arty cane when a Member under this System is also a member in a "Defined Contri'lxition Plan" as defined in 1414(i) of the 1,!. H 1, " 9.1 Rio I ,_ „ Code, maintained by the City, the arm of the "Defined Benefit Plan Fraction" and the "Defined Contribution Plan Fraction" (both as defined in §415(e) of the I.:t,,..:.a nw I W..,-,.. Code) shall not, subject to the restrictions and exceptions contained in §2004 of the Act, exceed 1.0. Thig limitation is mmlad effective Iaonaa 1, 2000. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the Member's benefit under any defined benefit plans in which Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be determined by the Board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the Board and the plan adminis- trator of all other plans covering such Member. 21 • • 8.of-Lvine.A&atmcnts. The limitations as stated in Subsections 1, 2, 3, and 6 herein shall be adjusted to the time payment of a benefit begins in accordance with any cost -of -living adjustments prescribed by the Secretary of the Treasury pursuant to §415(d) of the La.,....1 R. , ,, -i., Code. .T. I-1 1I r-TeI T-711 =1 m1 :, 1' 1 Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously parak k --tied in such System, on or after January 1, 1980, shall not exceed one. Inindred M= (100.1) pereent of his Average Final Compensation. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to coat -of -living increases or adjustments. B. No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from 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 I: That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION It: That 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 9: That this Ordinance shall become effective upon adoption. 22 Introduced on first reading and set for public hearing this .1999. James E. Kirk, Mayor ATTEST: Bonnie S. 'Thomas, C:MC:, City Clerk 1999. Passed on second reading after public hearing this day of ATTEST: Bonnie S. Thomas, C:MC;, City Clerk boWep"i-07-Word James H. Kink, Mayor day of W • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (941) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of 9 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of P-r- b Afflant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swo to and s4ribed before me this day of e- v r tA Q r—y A.D. 19 dft4 "—m p, nl"M Notary Public, State of Florida at Large * *My COMMA310n CC715804 EXPirft Mach 31, 2002 • 3�zmux�-�e. FIL„� OlDD mcz Ko. w Mar 5 A �� 9 AN oatnlN = oy Tlla Cm or olotgceout, FummA AMENDIKG Tag Crnr OF OKUCaOM COMPREMNSM PL AN9 ORDINANCE, NO. 635 AS AAIV DM sly MrVIMG Tim FDT[ln LAND VU MAP; lIt MING FOR 94CLUSION OF ORDINANM AND RrVMD Furl U LAND VU MAP IN T1R COMMBRK n PLAN; FROVmM FOR AN mitt IVt DATic. WazuAs, the City Council of the City of Okeechobee recorim the need to plan for orderly growth and develolxmot; and Wanes, Clhapter 163. Florida Stelues, and Rule 9i5, Florida Adminishidve Cods provide for amendman to Adopted Comprehensive Plans; and WRIWAS, the City has recoived and reviewed certain application(a) for a 8M&H-9cale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said apphoatlon(s) bang reviewed by the City's Land Pbheming Agency at s duly advardoW meeting, and submitted by staff report. wbicb determined such applicants) to be consistent with the Comprehensive Plan and appropriste to the fature tend wee within the City; and Wmay As, the City bee almW with the recommandatieas of dw land Pisnning Agency dal the proposed sQplicad*$) complies with the reguitmwa of Florida Statute 163, Pat IL and that the proposed applications see consistent with the CompndwW ve Plan and.,,,,, . , to the ft=e land uses within the City; Aa IT ONDAma by the City Council of the City of Okeschobee. Florida as follows: SICMON I SNORT TULL Tam OttMANCi shall be known as the "City of Okeedwbea Small Scale Development Activities C .. - tr ..1 .. . Plan Amandment", pursuant to E.S.163.3197, end shall be effective within the City limits of the City of Okeechobee, Florida. SSC77ON 2 AUTHORM. This City of Okeechobee Small Sale Develop us t Activities Compreb"ve Plan Amenda=t is adopted pmsusat to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3 REVISIONS TO TAE FUTURID LAND IJAZ MAP. 1. The following described land is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: A. Application No. 99-0014SA, from Single Family Residential to Multi•Fenily Residential: Lots 4, 5, and 6, Block 188, City of OkwM*% according to the Plat therocf recorded in Plat Boost 5, Page 5, Public Records of Okeechobee County, Florids. SgmoN 4 INCIAmom of ORwwcE AND Rtvww FUTURE LAND Una MAP iN TEm COMPRRH><NSIVL PLAN. It is the intention of the City Council of the City of Okeechobee, Florida amd it is hereby provided, tbat the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly dumbed as "Puturo Lend Use. 2000 City of Okeechobee, Meat 19,1991, as amended Decernber 6,1994", which is ineorporated berein by rell nahos, shall become and be made a part of the City of Okeechobee Comprebensive Plan (City of Okeechobe&0rdine ce No. 635, as amended). Pegs 1 of 2 SECTION 5 SEVERABILITy. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6 EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 727 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 2' day of March, 1999. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk Adopted after first reading on the 2nd day of March, 1999. ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor Page 2 of 2 • • STAFF REPORT SMALL SCALE DEVELOPMENT ACTIVITIES COMPREHENSIVE PLAN MAP AMENDMENTS CITY OF OKEECHOBEE Amendment No. Applicant: Legal Description of Subject Property: 99-001-SSA Kevin and Deborah Schooley, owners Lots 4, 5, and 6, Block 188, Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Item before the Council: The matter for consideration by the City Council and Land Planning Agency is an application by Kevin and Deborah Schooley, application number 99-001-SSA, with the mailing address being 6877 NW 147th Terrace, Okeechobee, Florida 34972, for an amendment to the City of Okeechobee Future Land Use Map (FLUM), previously adopted by this Board in conjunction with the adoption of the Comprehensive Plan. This application qualifies under Florida Statutes 163 as a "Small -Scale Amendment" to the Plan. Background: The applicant has purchased property that is approximately 22,500 square feet fronting SW 4th Street. On December 22, 1998, the Board of Adjustment approved a special exception for property located at 509 SW 4th Street for a child care facility on property zoned multi -family. The applicant's intent is to expand the existing residential structure to accommodate the child care facility. The dwelling has public utilities and the adjoining property users are as follows: North — Church East — Church parking area South — Single family residence West — Church preschool facility Most of the properties in the area are developed, except for the lot immediately adjacent of the subject property, which is currently vacant. Application Description: As stated earlier, the property is zoned Multi -family and is designated Single Family on the Future Land Use Map -1- Staff Report Amendment No. 99-001-SSA (FLUM). The applicant proposes to amend the FLUM to allow multi -family as a land use designation on the property. This would provide consistency with existing zoning and would be consistent with the land uses in the area. The current land use designation limits the use to the property as single family, since the implementing zoning is multi -family, the resident was allowed to operate as a multi -family. However, in this case, the intention is to use the property as a child care facility, which is a Special Exception under the zoning classification. With the requested use, if granted, there would be consistency with the zoning which would allow for the operation of the child care facility. Comprehensive Plan Analysis: The City Council and Land Planning Agency are required to address certain areas in conjunction with the Comprehensive Plan, which may be categorized as follows: A. Consistency with the Land Use Categories and Plan Policies. The surrounding land uses for the subject property are institutional, multi -family, and vacant uses. Although the area has some single family uses, the area can be better categorized as a medium to high density community. This in itself would wan -ant the proposed use of the property. At present, there are inconsistent uses in the area that have been identified and will possibly be amended as part of the EAR -based Plan Amendment to the FLUM. Because it is the applicant's intention to open the child care facility before the end of the year, the applicant has chosen to do a Small Scale Plan Amendment for the property so that there are no delays in opening the facility. B. Concurrency ofAdequate Public Facilities. Public utilities and sanitation are available to the site. Road improvements are not a factor; the roads are improved. However, as part of the conditions to the Special Exception, the applicants were required to provide a site plan outlining the traffic flow on site and parking spaces that would be needed. In addition, conditions were placed on the facility, in that the time of operation should be from 6:30 AM to 6:30 PM with no weekend operation. The traffic volumes for the facility should peak between the -2- Staff Report Amendment No. 99-001-SSA hours of 7:00 AM to 9:00 AM, then again between the hours of 3:00 PM to 5:00 PM. C. Compatibility with Adjacent and Nearby Land Uses. The proposed land use would be consistent with uses in the area, as stated earlier. The uses includes a single family dwelling, an Institutional use (church), a vacant lot, a church parking lot, and an existing child care facility. The existing child care facility is consistent with the area, and the proposed child care facility would also be consistent with the character of the area. The appropriate use for the property would be Multi -family as opposed to Commercial because the property is not located on an arterial road. The traffic that would occur as a result of this land use would not impose an adverse impact that would require relocating the facility because of its traffic volume. D. Compliance with the Specific Standards of the Plan. The Comprehensive Plan Goals and Policies as they are intended would allow for an Amendment to the FLUM to allow for a higher intensity such as a Multi -family use. Therefore, the proposed change to Multi -family is consistent and would provide a link to existing uses that are established. Notice of Proposed Action: This application and its appearance before the City Council and Land Planning Agency were duly noticed for the public, and were the LPA to make a finding that this application is consistent with the Comprehensive Plan, the matter will be set for a public reading in accordance with public notice requirements under Florida Statutes, Chapter 163. Assessment and Conclusions: Based upon the Comprehensive Plan, its goals, objectives, and policies, the location of this property, and due consideration of the adjacent land uses, it is recommended that the Land Planning Agency, find the application to be consistent with the Comprehensive Plan. Submitted by: James G. LaRue, AICP Planning Consultant -3- PITYt1KEECHOlEE Building and Zoning Department COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Please check one: small Scale Amendment (Under 10 Acres) DLarge Scale Amendment (Over 10 Acres) Name of Property Owner���Y''•-• Mailing Address l c�b`�`-1 1V: • \�\l`�-C r �. ��P 3`���-Q-1 Home Telephone Work Telephone Ot"M- �A0D A-'S�A Name of Applicant, *If other than owner, (relationship) Applicant Mailing Address Home Telephone -,A• Work Telephone Property Address/Location b OR S' ' \-A-"-N a (e e - Property Parcel Number '--\ ,S , fox--� %-T� \a.V\rZ oD\e.4 S S Current Zoning Designation 'V1�-��— Current Future Land Use Designation` Existing Use of the property -c-iv,c��c`r-�-► Proposed Future Land Use Designation Mut+(" Proposed Use of the Property a- C aN-%" Q-A� Size of Property (in acres) Description of Surrounding Properties Legal Description of Property (Lengthy Description May Be Attached) Required Attachments: • Survey of Property (11" x 14", 20" Scale) • Application Fee $500.00 • Letter Outlining Request • City Location map i tl1 •m ♦ W N • O S, O it S. M. 7 TH AVENUE (OKEECHOBEE AVENUEj w Hmm JN 10 m V tll OFF ♦ 10 m 'I QImw N M7.e IaLr + ' N Itla Itl{ r. g S. N. B TH AVENUE (SENINOLE STREET) .V •4L( en 8 ) J lair F- V 1R./ el I W "Ivl m ql i� m tll m ( .O W G C L •N r N r N 1+ N I2{ ILLr r IMe foe r 1q N 1{ir IpR r ' S. N. 5 TN AVENUE [OSCEOLA STREET) TJrr—r.♦ �+ �+ 01 tll tll m an m .. Irl_ m an Ld W •... �` N � r .. N .. r N 1a s 1+• Ip a IR 11) a r • N 141 a IIR ■ r r " S. H. 4 TH AVENUE (HICPOCHEE STREET) g J of J as J IK{ m tT I" m ai 1p i � ♦ 10 N N r N �ry1T4t� N ARM b S. N. 3 AD AVENUE (NIANEE STREET) V IQ.s ue IKs m an g V m aT i m f71 . m ♦ i N W a •_ n n _ 7 40 �n n~i 0 S00'00'00'E 157.50'(F.P1 ,n r I (� I l51 I '�1 r 78 0 �I SCALE: 11•40' FB/PAGE: 7T37SW/11 FLO. DATE: 9/30/9H , DRAWING •:013 y� SHEET j7 U OF U Q W. 6TH AVO" Gal IrIOL.E 6TREET 1 F 1 70'R(N - ASPHALT EDGE PAWEHT SOD'00'OO'E (AMINEDI 400.00'(F.P) SOO.00'OO'E 112.50'(F.P) n J� ��04 — — ——IGO.GO, (F.P) m ) I - - --111 Y AS. �p 9. z• �61.ELI�V t7RIVE� v 4 - r ' f 7.3' T m Q T� 23.3' 33.6yv '4 iO� m DO'DS'29'N 14L06'(F) 142.5'(P) CRAIrUrK N� N v 1-0 JOB 0: 90-231-S CERTIFY KEVIN L.9 DEBORAH & SCHOOLEY TO: BARNETT BANK, N.A. CALCS SMO Its successors and/or Its assigns DRAWN: KD/CAD CONELY 9 CONELY. P. A. CHICAGO TITLE INSURANCE COMPANY REVISIONS: 6Tr:vw W. DEHAY6, F91 s 5170 L6 o 6A95 I I G ' 1 vI I I I I mD 99.8811F) IDO'IP) T T }ll t W N 10O d0 9ff 9+W -.w N� O-$b ono �a�� � n�.s al��p—ppw ww_ Wo�aw iQ�� so °'pNN'w�+o.+�'wc.Ws oW o.w�Kmi= n w 1p &:4 - aL.~. n o o7S Ws�rd�w EU K o~gnI w K w W 0• p Yw N no l70O \a- W 'f f1 ' o n ma- .� C at0- W W nn bd doe• c dy_0_ •+ � AQ�[�1A i"'�i Nn_ u6nd0 V'K O a W ."awn s w7.0-w 2W N � W N O d= ?O $ X =w 21 OHO W nr j1 O-O O' C, c 3 so ciW�i oo+ �s znd� DE M DLA.A71y1H V DRAFT 1 PIG E WF 1 PIG 4 If.AND S URdIEIYING 606 W. f(ORTH PARK 6TREET 0K9EQ I0WC-, FLOR I PA 5A972-A 155 F'hKATE: LI4I--A67-8809 FW. A67-011I CD4ELY $=3x:g4i-?�:-�35g Dec 2 '�' 10: P.014t04 This Instrument Preparad By And Rehire To: TOM W CONFI.Y, III CONELY a CONELY, P.A. 207 N.W. Second Suess Okeechobee, PI. 84979 Property Appraiser's Pared Moi 3-15.87-95-0010.01880-M0 Grantee's as#: � i se7-7p-10O1 Doc�46. plantary Stamps paid to ins amount of it 146 .n/) Class C fntanpibis Tax paid in the amount of '0 - Irriork of C;ud Court date PMOMAL REPRXSM Ti►T1YEB DEM TEX INDMMTVRB, msde and mteredinto this M day ot'Odober,1008, betweeaJOEEN OLAN PEARCE. M NANCY PEARCE PEARM end XWM P-ARCE, as Co-PwwnQ Rep %eactattvaa of the Bab" of J.O. PE1RM JIL, deuxased, First Party, and VNIN L. SCSOOLEY and DEHORWI S. -9*IOOLEY. his wife, wboae Post oi5ce address is 6677 N.W. 147th Terrace, Okeechobee, FL 3072, Second Party. WITNEaBETM That the said First Party, for end to consideration of the *ran of TEN DOLLARS iX10.OM and other Good and vabiabb eonsi4e atiow to them in ham paid by the said Second Party, the receipt of which is hereby sduwwledyed, does hereby Want, convey, bare dn, and sap to the said Second Party, their hdrs and assigns forever. the Mawiog described ]and;, situate, bud and being in Okeechobee County, Florida, to -wit: Lots 4, 6 and 9. Black 188, u14.S,I.rtun�. ••. according to the pW thermf recorded in Plat Hook 6, Pap 5, public records of Okeechobee County, Florida Bubjed to Mtri dmW reservations and essiumm of -$Md. F my, which we not retP-d hereby, sad taxes s» bseelaeat to Decemow 31, 1997. THIS DEED is emended and delivered pureusnt to rut w ty vested ha said Ca -Personal Befmsentatim by virtue of the Last Will and Teatan mt of J. 0. PEARCE, JR., Med in that eaetain Probate Pmesediug in the Circuit Couxrt in and for Okeechobee County, Fiends, entitled In Re: Estate Of 10. PEARCE, X decessed, and king Probate No. 97-0CP in the Me of avid Court IN WITNEtiiB WHEREOF, the said Heat Party has hereunto set their hands and nW the der and year first above written SNP Od, Sealed and dellvered In. the presence ce A fi YWitness ep fl .r► JOA&'g- AN B IF P EA$Cg,, IQ, Oo P.recv:tal L307 S.W. 11th Drive, Okeechobee, FLY 34874 ANCY ARC- PAMW {Jo Pe"arw 3668 Eleven Mlia Road, Ft. Puree, FL 84fi46 MQ-Y & CONES Fax:941-763-6856 Dec 2 '98 10: P.04.eCt, •L,, 0L.v KUM PEARCE, Co-Pereoml Representative 1d61 B.W. Oth Street, Okeschobwy PL 3+074 irrATz OF lmmmA COUNTY OF OMMCSORES BEFORE BM the undardped audw ky, pemomlly appeared JOHN OLAN PEARCE. III, NANCY PEARCE P)EiAREB and XZrM PEACE, to me wait known and kaown to am to be the tndlvkbufe deaoribed In and who amended the foregoing dad as the duly qualified and acting Co -Personal ReFfedentafires of the Estate of J.O. PEARCE. JR, daceaad, gad fhrtiaW tin aoimowicW bdbre me that thg esacatd the aid bAnument 1n snob capacity, and that aid Inaw m ant is their fts act and dad, and who an persm* known to me. WrMESS my head and oftial seal In the State and County last a(Wim d tlda 3th, day of October, 1008. EVA MM CONELY NOTARY PUBLIC, STATE OF FW A MY commindon expires: IVA Mal0*1 w folalltlON s oo axK esamomsre=a asae 10 ewiiinWAR Nolaw,aew iII.CD FOR f'i'�:C.i.ii 314727 98 OCT —9 CLERK J Ci'�Ui1 rivl.;, • ,e-- I'-- 40 0 f OKEEc� 0 �.. j": �onto�,,/11 I. CALL TO ORDER - Chairman. CITY OF OKEECHOBEE LAND PLANNING AGENCY SUMMARY OF AGENCY ACTION Land Planning Agency Meeting February 23, 1999, 7:00 p.m. 11. CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary: Chairman Jerry Walker Agency Member Dawn Hoover Agency Member Thomas Keller Agency Member William Ledferd Agency Member Christopher Mavroides Agency Member Douglas McCoy Agency Member Frank Mueller Alternate Agency Member Daniel Creech Alternate Agency Member Sandra Jones Agency Attorney John R. Cook Secretary Beatrice Castorina Ill. Minutes A. Motion to dispense with the reading and approve the Summary of Agency Action for the meeting of November 17, 1998. PAGE 1 OF 2 William Ledferd nominated Jerry Walker, since he has served on a board previously, to be Chairman. Mr. Walker accepted the appointment. Mr Ledferd volunteered to be Vice Chairman. Chairman Walker called the February 23, 1999 Land Planning Agency Meeting to order at 7:00 p.m. Secretary Castorina called the roll: Present Present Present Present Present Present Present Present Present Present Present Member Mueller moved to dispense with the reading and approve the Summary of Action for the Land Planning Agency Meeting of November 17, 1998; seconded by Member Marvoides. Walker Yes Hoover - Yes Keller- Yes Ledford - Yes Mavroides - Yes McCoy - Yes Mueller - Yes Motion Carried. 0 FEBRUARY 23,1999 -LAND PLANNING AGENCY -PAGE 2 OF 2 IV. NEW BUSINESS A. Consider Comprehensive Plan Map Amendment Amending the Comprehensive Plan, Future Land Use Map, to Multi -Family was a condition set out by Application 99-001-SSA. Applicant and Owner is the special exception allowing a day care facility on this property at the of Adjustment meeting of Deborah and Kevin Schooley. The property is located at December 22, 1998. Member Keller moved to find Small Scale Amendment Application No. 99-001 509 Southwest 4th Street. Lots 4,5 and 6, Block 188, City consistent with the Comprehensive Plan and recommend approval by the City Council; seconded by of Okeechobee. Member Ledford. V. ADJOURNMENT -Chairman. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the Land Planning Agency 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: Beatrice Castorina, Secretary Jerry E. Walker, Chairman Walker - Yes Hoover - Yes Keller - Yes Ledford - Yes Mavroides - Yes. McCoy - Yes. Mueller - Yes Motion Carried. There being no further items on the agenda, the meeting was adjourned at 7:24 p.m. The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (941) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of cAG.ry alp l9�t 9 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn nd subs�&d before me this c I2Z _ day of F� k rL( G( r `� A.D. 19 ..r.,. Anna M Hines Y� * *My Commission CC715804 Expires March 31, 2002 Notary Public, State of Florida at Large CITY OF OKEECHOBEE, FLORIDA NOTICE OF Lt%ND USE CHANGE SMALL SCALE FUTURE LAND USE hlAP AMEND- :: :...MENT NOTICE IS HEREBY GIVEN that the Okeechobee City _..� Council will hold a PUBLIC HEARING on the 2nd day of .c March. 1999 at 6:00 p.m. Or as won thereafter as possible, in The Council Chambers. Rm 200.:,55 SE 3rd Ave:. `t'd Okeechobee. FL to consider the following Ordinance: -No. 727 AN ORDINANCE OF THE CITY OF OKEE .CHOBEE, FLORIDA AMENDING THE CITY OF I OKEECHOBEE'COMPREHENSIVE PLAN, ORDI- NANCE NO. 635 AS AMENDED, BY REVISING THE b,11 FUTURE LAND USE MAP; PROVIDING FOR INCLU- �SION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. Said ordinance reflects revisions to the City of Okeechobee Comprehensive Plan Future Land Use Map by the following application; - Application No..99-001 SSA, by Kevin and Deborah Schooley of 6877 N.W. 147th Terrace. Okeechobee. FL 34972 941)357-0059. Property is legally described as Lots 4 to 6 of Block 188 in City of Okeechobee Subdivision and is located at 509 S.W. 41h Street:approximately .52 acres. Change from Residenttat Single Family to Multi -Family. A copy of this proposed ordinance and application will be available for public inspection in the City Clerk's Office. Rm 100. Okeechobee City Hall. 55 Sp 3rd Avenue, Okeechobee, FL. Mon. - Fri., except_ holidays. between 9:00 a.m. and 4.00 p.m. For further information about the proposed amendment to the comprehensive. plan, contact the General Services Department at.941 ).763-3372 The Public is invited to attend and be heard. Should any party - seek to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing. such person will need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which an appeal is to be heard. In accordance with the Americans with Disabilities Act IADA) and Florida Statute 286.26. persons with disabilities needing special accommodation to participate in this pro- ceeding should contact Bonnie Thomas no later than two (2) working days prior to the proceeding at 941)763-3372: if you arc hearing or voice impaired. call TDD 941)534-7772 or Florida Relay Service 1800-955-9770. BONNIE S, THOMAS. CIVIC. CITY CLEP,rr.,: .,.... PUBLISH: 2J20199 yr OKEECHOBEE NEWS: #867 a �, W 0 ONISIONS OF PLORIDA DEPARTMIN F OF STATE Office of the Ea'fltary Offke of (,ternatior i Rel+rtan. Lwkuo" of Plactlene Gfvuian of Corpofodl Divieim of Cultural ANAL -- Da mon of kwtWical Rma cee Dlvtatan of UA ary and TniormaHon SerW." Owwotr, of Licrrming avJ4,7n Pf Adtrwu4ttotivn Services FLORIDA DEPARTMENT OF STATE Katherine Harris Sem--wq Of State DIVISION OF HISTORICAL RESOURCES "A GUIDE TO MEMBER OF THE FLORIDA C.LBINET Stag Board of Edw.W.- Tru.teee of the Iaatrrwl Improvement Inut Fund Ads,1Mttmtion Coamusekn Fiortdb i Aad"Watrr Adjudkawcy Camaum m Sitng board Division of Bond Finance n"natent of Revenue Oop.renmt of Caw Bnmretrnent oapeataunt of flfghway Safery WA W" VOW'" Depart n t of Veteran' Af lm PRESERVING HISTORIC RESOURCES IN OKEECHOBEEFF In the Okeechobee City Council Chambers on Tuesday, March 2, from 6:00-7:00 P.M., John Johnson and Bonnie Dea. L ,,,. Y., from the Palm Beach County Regional Office of the Florida Division of Historical Resources, will make a visual presentation highlighting many historic resources in Okeechobee and present recommendations for adaptive use, preservation and redevelopment PALM BEACH COUNTY REGIONAL PRESERVATION OFFICE P.O. Box 1221 - Delray Beach, Florida 33447 - (561) 279-1475 - FAX: (561) 279-1476 70 39Hd oz�ogd 9ZVT6LZ19S SO:TT 666T/T0/ZO ow Title Page A GUIDE TO PRESERVING HISTORIC ,. RESOURCES IN OKEECHOBEE - Prepared for the City of Okeechobee March 2, 1999 Palm Beach County Regional Preservation Office Florida Division of Historical Resources P. O. Box 1221 ' Delray Beach, FL 33447 #561-279-1475 , Department of State _Katharine Harris Secretary of State • • J .! J I A GUIDE TO PRESERVING HISTORIC RESOURCES IN OKEECHOBEE 1. OKEECHOBEE CITY A. FLAGLER PARK, 1914 B. CITY HALL, 1926 2. OKEECHOBEE COUNTY A. JAIL, 1919 B. COURTHOUSE, 1926 C. COUNTY HISTORIC MARKER, 1961 3. OKEECHOBEE SCHOOLS A. TANTIE SCHOOL HOUSE 1909, 1976 B. ELEMENTARY SCHOOL BUILDING, 1916 C. HIGH SCHOOL BUILDING, 1926 D. AUDITORIUM, 1934 4. SEABOARD RAILROAD STATION, 1924 5. BROWN BUILDING, c. 1920 6. CLAY BUILDING, c. 1937 7. OKEECHOBEE BANK, 1915 8. OKEECHOBEE LIVESTOCK MARKET, 1939 9. FIRST UNITED METHODIST CHURCH, 1924 10. RESIDENTIAL ARCHITECTUAL STYLES A. I -HOUSE, c. 1910 B. GABLE FRONT HOUSE, c. 1910 C. PYRAMIDAL, c. 1910 D. PYRAMIDAL, c. 1917 E. BUNGALOW, c. 1920 F. CRAFTSMAN, 1923 G. MEDITERRANEAN REVIVAL, c. 1925 H. MISSION, c. 1925 11. HISTORIC DISTRICTS A. FLAGLER PARK HISTORIC DISTRICT B. FIRST ADDITION HISTORIC DISTRICT 12. HERITAGE TOURISM A. OKEECHOBEE BATTLEFIELD MARKER, 1939 B. TAYLOR CREEK C. TAYLOR CREEK CABINS, c. 1935 D. FRONTIER SETTLERS MURAL, 1996 13. OKEECHOBEE MAIN STREET 14. HISTORIC PRESERVATION ORDINANCE 15. DESIGN GUIDELINES 16. CHRONOLOGY 17. BIBLIOGRAPHY I .. 1. OKEECHOBEE, CITY A. Nagler Park, 1914 1. Description: Flagler Park was laid out by P. L. ,Jenkins, a civil engineer for the Okeechobee Land Company, of the Florida Fast Coast Railway. The plat was recorded for the City of Okeechobee in 1914. The park consists of eleven consecutive blocks that spell out the name FI.AGUR PARK and form the central east -west axis of the city. The park deserves special attention because it is one of the town's most significant cultural resources. The town's first wood -frame railroad station was built in 1915 (it burned down in 1958) immediately southwest of the park. During its 85-year history the park has seen both temporary and permanent construction. 'Today the park contains a small gazebo, the Chamber of Commerce (1985), the County Library (1968) and the American Legion Memorial. 2, Preservation Strategies: a. Develop a Master Plan for the preservation of the park that honors the original intent b. Develop a Landscape Plan tlhat conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for the Treatment of Cultural Landscapes c. Feature Flagler Park on a brochure to promote Heritage Tourism 0 1. OKEECHOBEE CITY B. Okeechobee City Hall, 1926 1 �7 1. Description: The Okeechobee City Hall was designed by the architectural partnership of William W. Hatcher and Lawrence S. Funke from Ft. Pierce and constructed in 1926 on a block in the historic Nagler Park. This two-story building commands the eastern edge of the large downtown civic park. The city hall is significant as the one of best publicly -owned examples of the community's heritage. The building is also significant because it contributes to our understanding of the design and construction of the Mediterranean Revival style of architecture popular in Florida during the great land boom of the 1920s. 'rhe building continues to function as the administrative offices of city government and features a large second floor Council Chambers. 2. Preservation Strategies: a. Nominate the building to the National Register of Historic Places b. Prepare an Historic Structures Report to identify existing conditions and recommendations for restoration c. Prepare a Plan to restore the building to its original architectural design d. Apply for a matching -grant to the Florida Bureau of Historic Preservation to accomplish the restoration of the building e. Prepare a Maintenance Program that conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Restoring Historic Buildings f. Feature City Hall in a brochure to promote Heritage Tourism R so 1 1 1 1 1 1 1 1 1 1 1 2. OKEECHOBEE COUNTY A. County Jail, 1919 1. Description: The Okeechobee County Jail was designed by F. W. Trimble from Ft. Pierce. The jail is an interpretation of a Classic Revival style of architecture and was constructed in 1919 one block northwest of the county courthouse. The Jail is significant as a good example of this style and features an exterior with decorative brick work. It is especially important because it has survived from an early period in the development of the county. The building is currently unoccupied. 2. Preservation Activities: a. Nominate the building to the National Register of Historic Places b. Prepare an Historic Structures Report to identify existing conditions and recommendations for rehabilitation c. Prepare a Plan to rehabilitate the building for a new use d. Apply for a matching grant to the Florida Bureau of Historic Preservation to accomplish the plan e. Prepare a Maintenance Program that conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Rehabilitating Historic Buildings f. Feature the County Jail on a brochure to promote Heritage Tourism r� 2. OKEECHOBEE COUNTY B. Courthouse, 1926 d 1. Description: The Okeechobee County Courthouse was designed by George Gaynor Hyde, an architect from New York, and built in 1926 north of Flagler Park. The courthouse is significant as the one of best publicly -owned examples of the community's heritage. This large two-story building is also significant because it contributes to our understanding of the Mediterranean Revival style of architecture popular in Florida during the great land boom of the 1920s. The ' courthouse is the city's grandest example of this architectural style and deserves special attention. The building is the administrative offices of county government and features a large courtroom on the second floor. 2. Preservation Strategies: a. Nominate the building to the National Register of Historic Places b. Prepare an Historic Structures Report to identify existing conditions, and provide recommendations for restoration c. Prepare a Plan to restore the building to its original architectural design d. Apply for a matching -grant to the Florida Bureau of Historic Preservation to accomplish the plan e. Prepare a Maintenance Program that conforms to the Secretary of the Standards for the Treatment of Historic Properties with Guidelines for Restoring Historic Buildings f. Feature the Courthouse on a brochure to promote Heritage Tourism ' 2.OKEECHOBEE COUNTY C. County Historic Marker, 1961 Ll 1. Description: The County Historic Marker is a good example of the official Florida roadside markers that were used throughout the state to commemorate historic places, people and events important in local history. This maker was dedicated in 1961 by the Florida Board of Parks and Historic Memorials. It is proudly displayed at the south entrance to the County Courthouse and serves as a ' reminder that the establishment of the county in 1917 was the singular event that led to the present form of government. The county was formed from St. Lucie, Osceola and Palm Beach counties. 2. Preservation Activities: a. Develop a public or private county -wide Historic Marker Program based on the new guidelines developed by the Florida Bureau of Historic Preservation b. Feature the county marker in a brochure to promote Heritage Tourism. Ll I 3.OKEECHOBEE SCHOOLS A. Tantie School House, 1909, 1976 I1 1. Description: The Tantie Schoolhouse was built in 1909 in the frame vernacular style by pioneers of a settlement north of Lake Okeechobee. 1'his third school was named for the teacher, Tantie Huckaby. The two -room building was originally located on South Parrott Avenue and served students until 1915. The building was a residence until it was relocated in 1976 to county -owned land north of the city on Highway 98. It now serves in the local history program of the Okeechobee Historical Society, founded in 1973, and is open for group tours and special occasions. 2. Preservation Activities: a. Nominate the building to the National Register of Historic Places b. Prepare an Historic Structures Report to identify existing conditions and recommendations for restoration c. Prepare a Plan to restore the building to it's original architectural design d. Apply for matching -grants to the Florida Bureau of Historic Preservation to accomplish the restoration of the building and a museum exhibit program. e. Prepare a Maintenance Program that conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Restoring Historic Buildings f. Feature the school house on a brochure to promote Heritage Tourism g. Participate in the Florida Heritage Education Program that includes elements from the Folklife Program and Lesson Plans produced for classroom teaching and field trips h. Participate in workshops presented by the Florida Association of Museums and the American Association for State and Local History bw 3.OKEECHOBEE SCHOOLS B. Elementary School, 1916 1. Description: The Okeechobee Elementary School was designed by F. H. 'Trimble of Fellesmere, with assistance from Ralph E. Steele of Okeechobee, and constructed in the Classic Revival style in 1916. The character defining features are the arched entrance, grouped sash windows and intricate brickwork. It is a good example of this style and was restored with a grant from the Florida Division of Historical Resources in 1996. The school served the elementary and high school grades until 1926 when the adjacent High School was opened. It now serves as the administrative offices of the Okeechobee County School Board. 2. Preservation Strategies: a. Nominate the entire school campus to the National Register of Historic Places b. Prepare a Maintenance Program that confirms to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Restoring Historic Buildings a. Develop a Florida Heritage Education Program in the school system that Includes components of the Florida Folklife Program and Lesson Plans for teaching d. Install a marker available from the Florida Historic Marker Program e. Feature the Campus on a brochure to promote Heritage rTourism I ' 3.OKEECHOBEE SCHOOLS C. High School, 1926 D 1. Description: ' The Okeechobee High School was designed by the architectural partnership of William W. Hatcher and Iawrence S. Funke of Ft. Pierce and constructed 1926. The building is a good example of the Mission Revival style of architecture and is currently being restored. The character defining features are the curvilinear roof gable, arcaded entrance and intricate brickwork. The school served to comlpement ' the 1916 Flementary School and after restoration will be used for the ninth grade. 2. Preservation Strategies: a. Nominate the entire school campus to the National Register of Historic Places b. Prepare a Maintenance Program that conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Restoring Historic Buildings a. Develop a Florida Heritage Education Program in the school system that Includes components of the Florida Folklife Program and Lesson Plans for teaching d. Install a marker available from the Florida Historic Marker Program e. Feature the Campus on a brochure to promote Heritage Tourism t 3. OKEECHOBEE SCHOOM D. Auditorium, 1934 1 H ' 1, Description: The Okeechobee School Auditorium was constructed under the supervision of M. Ross Watson, a state engineer, as a project for the federal Works Progress Administration. It was built in 1934 in the Colonial Revival style that features a ' large stage, a spacious auditorium and decorated entrance portico. This good example of a WPA project is significant for its association with the New Deal program, The auditorium was recently restored and will be used for a variety of ' school and community programs. ' 2. Preservation Strategies: ao Nominate the entire school campus to the National Register of Historic Places b. Prepare a Maintenance Program that conforms to the Secretary of the ' Interior's Standards for the Treatment of Historic Properties with Guidelines for Restoring Historic Buildings c. Install a marker available from the Florida Historic Marker Program & Feature the Campus on a brochure to promote Heritage Tourism I ' 4. SEABOARD AIRLINE RAILWAY STATION, 1924 1 1 n 1 1. Description: The railroad station was designed by the architectural firm of Henry S. Harvey and Louis P. Clarke of West Palm Beach for the Seaboard Airline Railroad Company and constructed in the Mediterranean Revival style of architecture in 1924 on the northern edge of the city. During the 1920s, Harvey and Clarke was the largest commercial firm in Palm Beach County and were responsible for designing all the railroad stations on the Seaboard line from Coleman to Homestead. The station is significant as an good example of the Mediterranean Revival style of architecture popular in the great Florida land boom of the 1920s. Today, the AMTRACK train stops daily for passenger service to West Palm Beach. Preservation Activities: a. Include buildings of this type among those designated in the proposed Historic Preservation Ordinance b. Develop Financial Incentives for owners of designated properties c. Nominate the building to the National Register of Historic Places d. Prepare an Historic Structures Report to identify existing conditions and recommendations for rehabilitation e. Prepare a Plan to rehabilitate the building for a new use f. Prepare a Maintenance Program that conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Rehabilitating Historic Buildings g. Apply for Federal Tax Credits available for historic rehabilitations �7 5. BROWN BUILDING, c. 1920 1 ' Description: 1. This large industrial building was designed in a vernacular style and was constructed about 1920. It was used for a number of years as a restaurant and lounge for the local neighborhood. It's size and steel frame construction make it an ideal building for rehabilitating and developing a new use. ' 2. Preservation Activities: a. Include buildings of this type among those designated in the proposed ' Historic Preservation Ordinance b. Develop Financial Incentives for owners of designated properties C. Nominate the building to the National Register of Historic Places ' d. Prepare an Historic Structures Report to identify existing conditions and recommendations for rehabilitation e. Prepare a Plan to rehabilitate the building for a new use ' f. Prepare a Maintenance Program that conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties with ' Guidelines for Rehabilitating Historic Buildings e. Apply for Federal Tax Credits available for historic rehabilitations 1 1 6. CLAY BUILDING, c. 1937 1. Description: This building was designed in a commercial style and built as a gasoline station about 1937. The building is significant as a rare survivor of road side architecture and should be preserved as a good example of this early era in automobile history. The building still has the original three -bay open-air service area where automobiles and small trucks were refueled. The building is currently used a private residence. 2. Preservation Activities: a. Include buildings of this type among those designated in the proposed Historic Preservation Ordinance b. Develop Financial Incentives for owners of designated properties c. Nominate the building to the National Register of Historic Places d. Prepare an Historic Structures Report to identify existing conditions and recommendations for reshabilitation e. Prepare a Plan to rehabilitate the building for a new use f. Prepare a Maintenance Program that conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties with (i Gidelines for Rehabilitating Historic Buildings g. Apply for Federal Tax Credits available for historic rehabilitations r 7.Okeechobee Bank, 1915 1. Description: The Bank of Okeechobee was designed by azi unknown architect and constructed in 1915 in a Neoclassical style of architecture facing Nagler Park. The building is significant as a regional bank and because it is a rare survivor of an early period in the development of the town. The character defining features of the two-story bank include; a symmetrical front facade dominated by columns, large windows, yellow brick exterior and a two-story bank lobby. The building adjoins a single story building designed in a complimentary style that served for many years as a grocery store. When the bank ceased operations in 1926, the grocery store expanded its operations into the former bank building. The building is privately owned and is currently vacant. 2. Preservation Activities: a. Include the bank among other commercial buildings designated in the proposed Historic Preservation Ordinance b. Develop Financial Incentives for owners of designated properties c. Nominate the building to the National Register of Historic Places d. Prepare an Historic Structures Report to identify existing conditions and prepare a Plan to rehabilitate the building for a new use e. Apply for Federal Tax Credits and other financial incentives available for historic: rehabilitations f. Feature the bank in a brochure to promote Heritage Tourism I 8.OKEECHOBEE LIVESTOCK MARKET, 1939 1. Description: The Okeechobee Livestock Market is a large agricultural facility that features a market with cattle sheds and pens constructed in 1939 adjacent to the Seaboard railroad tracks northwest of the city. The livestock market was organized by the Okeechobee County Cattlemen's Association. The market is significant as the only facility of this scale in the state and its historic associations with the Florida cattle industry. Since 1961, the market has been operated by the same owner. The livestock market continues to hold sales twice a week 2. Preservation Strategies: a. Include the livestock market among those buildings designated in the proposed Historic Preservation Ordinance b. Develop Financial Incentives for owners of designated properties c. Nominate the facility to the National Register of Historic Places d. Prepare an Historic Structures Report to identify existing conditions and recommendations for restoration e. Prepare a Maintenance Program that conforms to the ,Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Restoring Historic Buildings f. Feature the Livestock Market in a brochure to promote Heritage Tourism i. 60 9. FIRST UNITED METHODIST CHURCH, 1924 1. Description: The First Y Tnited Methodist Church was designed in the Late Gothic Revival style and constructed primarily of red brick in 1924. The building is a good Lexample of this style and the character defining features include; a steep gable roof, cast stone window crowns, a corner bell tower and a variety of stained glass windows. The church is significant for its style and the contributions of the congregation to the religious and social development of the community. 2. Preservation Strategies: a. Include this church, as well as the Primitive Baptist Church (1923) and the Christian Science Society church (c. 1915) among those designated in the proposed Historic Preservation Ordinance b. Nominate the building to the National Register of Historic Places c. Prepare a Historic Structures Report to identify existing conditions, and provide recommendations for restoration d. Prepare a Plan to restore the building to its original architectural design e. Apply for a matching -grant to the Florida Bureau of Historic Preservation to accomplish the plan f. Prepare a Maintenance Program that conforms to the Secretary of the it Interiors Standards for the Treatment of Historic Properties with Guidelines for Restoring Historic Buildings g. Feature several historic churches of the community in a brochure to promote Heritage "Tourism L ' 10. RESIDENTIAL ARCHITECTURAL STYLES A. I -House, c. t 010 i 7 11 1. Description: This I -House is a good example of an architectural style common to the South. Traditional British folk forms were common in pre -railroad America, particularly in the Tidewater South. With the arrival of railroads to Florida, the construction of I -Houses was a popular design choice with early settlers. The I - House is named for the interior floor plan of the house. This two-story frame house features a front porch, a gable end brick chimney, clapboard siding and modest detailing. The house is significant because it is a rare survivor from an early period in the development of the town. Also, it is a residence that contributes to the architectural character and provides a sense of place in the proposed First Addition Historic District. ' 2. Preservation Strategies: a. Include houses of this type in the proposed First Addition Historic District. ' b. Develop a Maintenance Plan that conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving Historic Buildings ' c. Develop Financial Incentives for homeowners in historic districts d. Develop an Historic Plaque program for designated sites 1 11 ' 10. RESIDENTIAL ARCHIT'ECTURAL STYLES B. Gable -Front House, c. 1910 11 I 0 11 0 0 1. Description This Gable -Front House is a good example of an architectural style common throughout America. This architectural style echoed the pedimented facade of the typical Greek Revival style popular throughout the country. This shape persisted with the expansion of the railroads and became a dominant folk form well into the 20`' century. This is a shotgun house, a narrow gable -front dwelling one room wide that dominated many modest southern neighborhoods built from about 1880-1930. This single -story house features a front porch, clapboard siding, a metal roof and modest detailing in the front gable. The house is significant because it is a rare survivor from an early period in the development of the town. It is also a good example of the rehabilitation of a modest house into a new use, a law office. 2. Preservation Strategies: a. Include houses of this type among those designated in the proposed Historic Preservation Ordinance b. Develop a Maintenance Plan that conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving Historic Buildings c. Develop Financial Incentives for homeowners in historic districts d. Develop an Historic Plaque program for designated sites 10. RESIDENTAL ARCHITECTURAL STYLES C. Pyramidal House, c. 1910 L1. Description: This Pyramidal House takes its name from the shape of the roof. These square -plan frame houses became a popular replacement for the less spacious 1�• hall -and -parlor house during the early decades of the 20' century. Many examples retain the simple folk forms and lack fashionable details. This good example features a front porch, a dormer window, clapboard siding and original windows. The house is significant because it is a rare survivor from an early period in the development of the town. It is also a residence that contributes to the architectural character and provides a sense of place in the proposed First Addition Historic District. 2. Preservation Strategies: a. Include houses of this type in the proposed First Addition Historic District. •� b. Develop a Maintenance Plan that conforms to the Secretary of the Interiors Standards for the Treatment of Historic Properties with Guidelines for Preserving Historic Buildings c. Develop Financial Incentives for homeowners in historic districts d. Develop an Historic Plaque program for designated sites M 7 ' 10. RESIDENTIAL ARCHITECTURAL STYLES D. Pyramidal House, c. 1917 ' 1. Description: This Pyramidal House is a two-story example of the style that takes its name ' from the shape of the roof. This house features a metal roof, clapboard siding, original windows and the small addition on the back. One substantial alteration is the complete covering of the east elevation in stucco and the installation of ' inappropriate modern windows and glass entrance door. The house is significant because it is a rare survivor from an early period in the development of the town and because of its association with the pioneering Raulerson Family. 1. Preservation Strategies: La. Include houses of this type among those designated in the proposed Historic Preservation Ordinance b. Remove inappropriate alterations and return the east elevation to its original architectural style c. Develop a Maintenance flan that conforms to the Secretary of the Interior's ' Standards for the Treatment of Historic Properties with Guidelines for Preserving Historic Buildings d. Develop Financial Incentives for homeowners in historic districts e. Develop an Historic Plaque program for designated sites rr 1 ' 10. RESIDENTIAL ARCHITECTURAL STYLES E. Bungalow, c> 1920 1 1 1 1 1. Description: This Bungalow style house is a good example of an architectural design popular in the first three decades of the 20' century. The character defining features of this style include; a low-pitched gable roof with wide, enclosed eave overhangs; exposed roof braces, a dormer window and a full -front porch supported on tapered square columns. This example also exhibits a stucco exterior and a porte-cochere. The house is significant because it is a rare survivor from an early period in the town's development. t 2. Preservation Strategies: a. Include houses of this type among those designated in the proposed Historic Preservation Ordinance ' b. Develop a Maintenance Plan that conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for t Preserving Historic Buildings c. Develop Financial Incentives for homeowners in historic districts d. Develop an Historic Plaque program for designated sites 1 u F L� 10. RESIDENTIAL ARCHITECTURAL STYLES F. Mediterranean Revival, c. 1925 1 0 ' 1. Description: This Mediterranean Revival style house is a good example of the most ' popular architectural design during the Florida land boom of the 1920s. The style is also known as Spanish Colonial Revival or Spanish Eclectic. The ' character defining features of this style include; a flat roof with parapeted walls, a narrow tile -covered shed roof above the arched entryway, a rough stucco exterior and an asymmetrical front elevation. The house is significant as a rare survivor from an early period in the town's development. ' 2. Preservation Strategies: a. Include houses of this type among those designated in the proposed Historic Preservation Ordinance ' b. Develop a Maintenance Plan that conforms to the Secretary of the Interior-' Standards for the Treatment of Historic Properties with Guidelines, for ' P'reserving Historic Buildings c. Develop Financial Incentives for homeowners in historic districts d. Develop an Historic Plaque program for designated sites 7 n ' l 0. RESIDENTIAL ARCHITECTURAL STYLES G. Mission, c. 1925 F I 1. Description: This Mission style house is a good example of an architectural design popular in the Florida land boom period of the 1920s. This house exhibits the character defining features of the style; an asymmetrical front -elevation, a roof parapet, stucco exterior, and large arched windows. The house is significant as a rare survivor from an early period in the development of the town. 2. Preservation Strategies: a. Include houses of this type among those designated in the proposed Historic Preservation Ordinance b. Develop a Maintenance Plan that conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving Historic Buildings c. Develop Financial Incentives for homeowners in historic districts d. Develop an Historic Plaque program for designated sites MW A 10. RESIDENTIAL ARCHITECTURAL STYLES Ho Craftsman, 1923, 1925, 1983 1. Description: The Craftsman style house is a good example of an architectural design it popular during the first three decades of the 20'h century and is also known as the Arts & Crafts style. This two-story concrete block building exhibits several character defining features of the style; a low-pitched gable roof with wide enclosed eave overhangs, decorative roof brackets, a full -front porch supported by rectangular columns, stucco exterior and original windows. The south ,., elevation exhibits the 1925 single -story Mission style addition. The house was relocated here in 1983. The house is significant as a good example of the Craftsman style and its association with prominent families important to the development of the town. The Freedman-Raulerson house was individually listed on the National Register of Historic Places in 1985, 2. Preservation Strategies: a. Include houses of this type among those designated in the proposed Historic Preservation Ordinance b. Develop a Maintenance Plan that conforms to the Secretary of the Interior's ' Standards for the Treatment of historic Properties with Guidelines for Preserving Historic Buildings ' c. Develop Financial Incentives for homeowners in historic districts d. Develop an Historic Plaque program for designated sites I NO No am 11. HISTORIC DISTRICTS A. FLAGLER PARK HISTORIC DISTRICT 1. Description: The proposed Flagler Park Historic: District includes more than nine city blocks adjacent to and including most of the original Flagler Park in the center of the city. The western boundary is the old Florida East Coast Railroad tracks and the eastern boundary is the historic City Hall. The southern boundary includes the commercial buildings along South Park Street and the northern boundary includes the historic County Courthouse. The proposed district is predominately commercial and roughly mirrors the Okeechobee Main Street program area. 1. 2. Preservation Strategies: a. Designate the proposed district under the terms of a proposed Historic Preservation Ordinance. An historic district is a definable geographic area " which contains a number of historic buildings and sites that are united by past events or aesthetically by plan. b. All development in the proposed district may be reviewed under the provisions of a set of Design Guidelines that are used as a guide for developing standards for historic rehabilitation in communities c. Develop Financial Incentives for owners of properties in the district d. Consider renaming several numbered streets to the descriptive names used in the original town plat e. Feature the Flagler Park Historic District in a brochure to promote Heritage Tourism am CAW aw 11 11 17 11. HISTORIC DISTRICTS B. First Addition Historic District 1. Description: The proposed First Addition Historic District is named for the first addition, that was recorded in 1915, to the plat of the City of Okeechobee. The proposed district is bounded on the west by Southeast Second Avenue, on the south by Southwest Sixth Street, on the east by Southeast Fourth Avenue and on the north by the proposed Flagler Park Historic District. The district contains numerous examples of houses designed in the frame -vernacular, I•house, Gable -Front and Pyramidal styles of residential architecture. The district has a sufficient concentration of contributing historic buildings that represent the early stages of the development of the town. 2. Preservation Strategies: a. Designate the proposed district under the terms of a proposed Historic Preservation Ordinance. An historic district is a definable geographic area that contains a number of historic buildings and sites that are united by past events or aesthetically by plan. b. All development in the proposed district may be reviewed under the provisions of the proposed set of Design Guidelines; that are a guide for developing standards for historic rehabilitation in communities c. Develop Financial Incentives for owners of properties in the district d. Consider renaming several numbered streets to the descriptive names used on the original town plat e. Feature the First Addition Historic District in a brochure to promote Heritage Tourism L 12. HERITAGE TOURISM A. Okeechobee Battlefield Marker, 1939 1 H 1 1. Description: The Okeechobee Battlefield Marker is located a mile southeast of Taylor Creek on the east side of t J. S. Highway 441. The marker commemorates the historic encounter along the creek on Christmas Day in 1837 between Colonel Zachary Taylor and Seminole and Miccosukee Indians during the Second ' Seminole War. This bronze marker on a limestone rock was dedicated in 1939 by descendants of Colonel Richard Gentry and the Florida Society of the ' Daughters of the American Revolution. In 1985 an archeological survey was conducted to locate the battlefield and the site was declared a National Historic. Landmark. 1. Preservation Strategies: a. Continue an archeological survey of the battlefield b. Consider the acquisition of property to permanently protect the battlefield c. Consider the relocation of the Historic Marker to a site along Taylor Creek where it would be more accessible to students and tourists d. Develop a Heritage Education Program in the school system that ' incorporates the significance of the battlefield with the Florida Folklife Program and Lesson Plans for teaching e. Feature the Okeechobee Battlefield Marker in a brochure to promote ' Heritage Tourism 1 ' 12. HERITAGE TOURISM B. Taylor Creek d 1. Description: Taylor Creek was renamed for Colonel Zachary Taylor, the IT. S. Army leader in the historic Battle of Okeechobee in 1837. The creek begins in the northwestern section of the county and empties at the lock into Lake Okeechobee. "Taylor Creek is significant because of the historical associations with the famous battle of the Second Seminole War and the site of the first pioneer settlements. The catfishing industry in the early part of the 20 century created numerous packing houses and boatyards along the banks of the creek. Today, the creek is still an important waterway for recreational and fishing activities. 2. Preservation Strategies: a. Develop strategies to preserve this important cultural resource b. Consider the developments proposed for the Taylor Creek Trailhead in the 1996 Master Plan of the Florida National Scenic Trail c. Feature the waterway in a brochure to promote Heritage Tourism bw 12. HERITAGE TOURISM C. Taylor Creek Tourist Cabins, 1. Description: The 'Taylor Creek Tourist Cabins are 10 small frame buildings that were relocated to this site in 1959 and are owned by the adjoining Taylor Creek I-cxlge. The tourist cabins are located along scenic Taylor Creek on land owned by the Florida Department of Environmental Protection. The site is adjacent to the Taylor Creek Lock and access is provided at this point for boats traveling into Lake Okeechobee. The cabins are a popular destination for sportsmen and fishermen. 2. Preservation Strategies: a. Nominate the cabins to the National Register of Historic Places b. Prepare an Historic Structures Report to identify existing conditions, and provide recommendations for restoration c. Prepare a Maintenance Program that conforms to the Secretary of the Standards for the Treatment of Historic Properties with Guidelines for Restoring Historic Buildings d. Consider the development proposed for the Taylor Creek "Trailhead in the ft Lake Okeechobee Segment of the Master Plan for the Florida National Scenic frail E Feature the Taylor Creek Tourist Cabins on a brochure to promote Heritage 9 Tourism am 12.. I ERUAGE TOE PJSM D. Frontier SeWers Mural, 1996 r am 1. Description: The Okeechobee Frontier Settlers Mural was designed and painted by John Gutcher of Tampa in 1996. The colorful mural (30' X 60) is located on the north wall of the Okeechobee School Gymnasium, built in 1952, and is protected from the direct southern sunlight. It is an artistic interpretation of the arrival of the pioneers into a land occupied by the Seminole Indians. Indigenous plants and animals, as well as the cultural influences of the Native Americans and settlers, are set in a sub -tropical landscape. 2. Preservation Strategies: a. Develop a Maintenance Plan to preserve the mural b. Feature the mural in a Heritage Education Program that includes elements from the Florida Folklife Program and Lesson Plans produced for classroom teaching and field trips c. Feature the mural in a brochure to promote Heritage Tourism 60 60 60 1. Description: Okeechobee Main Street is one of 65 similar programs that receive training and technical assistance from the Florida Main Street program and the rational Trust for FEstoric Preservation. The Main Street program seeks to revitalize traditional downtowns and neighborhood commercial districts based on a four point approach. The four approaches are design, organization, promotion and economic restructuring. These volunteer -based programs enhance the economic vitality, quality of life and civic pride of the whole community. For Okeechobee, the new program area is the historic commercial area that surrounds Flagler Park. 2. Preservation Strategies: a. Seek citizen participation in the committees of the new Okeechobee Main Street program b. Participate in the state-wide network of existing Main Street programs c. Participate in the workshops offered by the Florida Main Street Program, the Florida Trust for Historic Preservation and the annual rational Town Meeting on Main Street 1 1 1 1 1 1 1 1 1 13. HISTORIC PRESERVATION ORDINANCE STATE ROAD 70 N. N. PARK STREET S. E. PARK STREET® 1. Description: An historic preservation ordinance is a municipal law designating certain sites to be preserved and authorizing the establishment of historic districts. Typically the ordinance establishes a review commission, procedures for reviewing changes in the area and an appeals process. Today, 87 communities in Florida have similar ordinances to protect cultural resources. The ordinance should be combined with financial incentives to encourage the protection of historic residential and commercial properties. 2. Preservation Strategies: a. Adopt an Historic Preservation Ordinance to protect historic sites in the city b. Develop Financial Incentives for owners of designated historic properties c. Refer to the 1997 publication Florida Historic Preservation IAw: and Model Historic Preservation Ordinance. For example, a review commission or board would have the power of architectural review over alterations to designated historic sites, all resources within a historic district, and design review over new construction in historic districts. The ordinance would designate the proposed Flagler Park Historic District and the proposed First Addition Historic District (see separate entries) d. Apply for a matching grant to the Florida Bureau of Historic Preservation for funds to prepare an historic preservation ordinance and other preservation planning activities such as a comprehensive survey of the entire city and county e. Participate in workshops presented by the Florida Trust for Historic Preservation and the National Trust for Historic Preservation t. an 14. DESIGN GUIDELINES or ' 1. Description: Design Guidelines are a set of criteria developed by the preservation commission to identify design patterns in a historic district and help property ' owners ensure that the rehabilitation of buildings and new construction in districts respect the architectural character of the resource. Design review is a ' process of determining whether modifications to historic: structures meet standards of appropriateness established by a preservation commission in the publication of the Design Guidelines. 1 Z. Preservation Strategies: a. Refer to the 1996 publication Model Guidelines for Design Review and ' collect guidelines from similar communities with historic preservation programs b. Apply for a matching grant to the Florida Bureau of Historic Preservation for �r funds to prepare a set of Design Guidelines to accompany the proposed historic preservation ordinance ' c. Participate in workshops presented by the Florida 'Trust for Historic Preservation and the National Trust for Historic Preservation to learn about ' the implementation of guidelines 11 0 0 0 0 I" aw CHRONOLOGY OF OKEECHOBEE REGIONAL HISTORY 0820 Seminole Indians establish settlements throughout the Lake Okeechobee region. 1835 Second Seminole War began throughout central Florida 1837 Ft. Basinger established by U.S. Army on the Kissimmee River. 1837 Battle of Okeechobee between the Seminoles and U.S. troops commanded by Colonel Zachary Taylor. 1842 Second Seminole War ends. 1849 Ft. Drum established by U.S. Army. 1855 Third Seminole War began throughout central Florida 1860 Ft. Drum and Ft. Basinger were abandoned following the Third Seminole war. 0 880 Hamilton Disston, a Philadelphia industrialist, purchases four million acres in central and south Florida. 1880-86 Kissimmee and Caloosahatchee Rivers are dredged for navigation. 1896 Peter Raulerson established a homestead on Taylor Creek at the site of the present-day town of Okeechobee. 1902 Post Office is established for the settlement of Tantie. 0 906 Commercial catfishing industry on Lake Okeechobee booms. Regular steamboat freight service established to Ft. Myers and Kissimmee. 1909 Tantie Schoolhouse built on South Parrott Ave. 1911 Tantie post office is renamed Okeechobee. 1912 The Model Land Company, a real estate branch of the Florida East Coast Railway was formed Okeechobee Land Company was formed 1914 Flagler Park laid out by P. L. Jenkins, a civil engineer for the Okeechobee Land Company ... 1915 Raulerson Store was built on corner of West South Park Street and South Fifth Avenue Anna and Roy Darrow, first doctors in Okeechobee, built Park Drug ••• Store next to Raulerson Store on West South Park Street City of Okeechobee is incorporated. Bank of Okeechobee built at corner of NW Fourth Avenue and West �- North Park Street Okeechobee Call newspaper started Florida East Coast Railway arrived in Okeechobee 1916 Okeechobee County Jail built Okeechobee Elementary School built 1917 Okeechobee County is created. 1924 Connors Highway opens from Okeechobee City to Twenty Mile Bend in Palm Beach County Seaboard Airline Railroad station built 1926 Okeechobee City Hall built Okeechobee County Courthouse built Okeechobee High School built Okeechobee News started Southland Hotel built on NE corner of Parrott Ave. & Park Street 1928 Hurricane kills over 2,000 in Lake Okeechobee region and decimates the commercial fishing industry on Lake Okeechobee. 1930 Construction of the Herbert Hoover Dike began around the Lake 1937 Okeechobee Cattlemen's Association formed 1939 Okeechobee Livestock Market opened 1942 First blackout during World War II occurred in Okeechobee 1943 Okeechobee County Bank opened on west corner of West South Park Street & Southwest Fifth Avenue to 1947 Central and Southern Florida Flood Control Committee organized at Okeechobee County Courthouse. _ 1948 am A. & K. Hanna's Lake Okeechobee: Wellspring of the Everglades is published. 0 r ow 1949 Central and Southern Florida Flood Control District (predecessor to the South Florida Water Management District) was created by the Florida Legislature Louisiana Raulerson Hospital opened 1956 Wilfred T. Neill's The Story of Florida's Seminole Indians, 2nd edition is published 1961 Lawrence E. Will publishes Okeechobee Hurricane County Historic Marker dedicated at Okeechobee County Courthouse 1962 Channelization of the Kissimmee River began (known as the C-38 canal project) w 1964 Lawrence E. Will publishes: Cracker History of Okeechobee, Okeechobee Boats & Skippers; Okeechobee Catj`shing 1968 Lawrence E. Will publishes Swamp to Sugar Bowl 1971 The first shopping center opened in Okeechobee on east South Park .. Street, just east of Taylor Creek, named Northshore Plaza. 1973 Okeechobee Historical Society founded 1976 Tantie Schoolhouse relocated to county -owned land on Hwy. 98 1978 Kyle S. Van Landingham publishes History of Okeechobee County 1992 Checkers restaurant built at site of Southland Hotel 1993 Twila Valentine & Betty Chandler Williamson publish Strolling dim Down Country Roads Okeechobee County ow 2/23/99 �- BIBLIOGRAPHY PUBLIC DOCUMENTS & RECORDS Deed, Corporation, Plat Books, and Tax Rolls, am Okeechobee County Property Appraiser Minute Books, 1915-1926. City Council. City of Okeechobee. Minute Books, 1934, Okeechobee School Board MAPS Official Land Use Map and Subdivision Map, City Clerk 00 City of Okeechobee. NEWSPAPWw ERS Okeechobee News LOCAL HISTORY BOOKS Blake, Nelson M.. Land Into Water -Water into Land.- A History of Water Management n Florida, Tallahassee, Florida, University Press of Florida, 1980 Bramson, Seth H.. Speedway to Sunshine: the Story of the Florida East Coast Railway, Erin, Ontario , Canada, The Boston Mills Press, 1984 Gregware, Bill and Carol. Guide to the Lake Okeechobee Area. Sarasota, FL, Pineapple Press, 1997. Hanna, Alfred J. & Kathryn A. Lake Okeechobee: Wellspring of the Everglades. Bobbs-;Merrill Co., 1948. .. Kersey, Harry A. Jr.. Pelts Plumes & Hides 6Thite Traders among the Seminole Indians 1870-1930. Gainesville, FL. The University Press of Florida, 1975. Mann, Robert W.. Rails `1�eath the Palms. Burbank, CA. Darwin Publications, 1983. 0 Ste. Claire, Dana. The Cracker Culture In Florida History. Daytona, FL. The Museum of Arts and Sciences. 1998. Tebeau, Charlton W. A History ofFlorida. Coral Gables, FL: University of Miami Press, 1971. Valentine, Twila C. & Williamson, Betty C. Strolling Down Country Roads: Okeechobee County, A Pictorial History. Virginia Beach, VA: The Donning Co., 1993. .. Van Landingham, Kyle S. History of Okeechobee County. Orlando: Daniels Publishers, 1978. .r Will, Lawrence E. Cracker History of Okeechobee. St. Petersburg, FL: Great Outdoors Publishing Co., 1964. C_-: . Okeechobee Boats & Skippers. St. Petersburg, FL: Great Outdoors Publishing Co., 1964. . Okeechobee CatFishing: St. Petersburg, FL: Great Outdoors Publishing Co., 1964 . Okeechobee Hurricane. St. Petersburg, FL. Great Outdoors Publishing Co., 1961. . Swamp to Sugar Bowl. St. Petersburg, FL. Great Outdoors Publishing Co., 1968. as HISTORIC PRESERVATION Dearborn, Bonnie & Greater Lake Okeechobee Tourism Alliance. Greater Lake Okeechobee Regional Plan For Tourism, Treasure Coast Regional Planning Council, Stuart, FL 1997 Florida Department of State. More than Orange Marmalade. A Statewide Comprehensive Historic Preservation Plan .for Florida Tallahassee, FL 1996 . Florida Historic Preservation Laiv and Model Historic Preservation low Ordinance. Tallahassee, FL, 1996. 0 am . Model Guidelines for Design Review• a guide for developing standards for historic rehahrlitation m Florida communities Tallahassee, FL, 1995. VM Florida Department of Transportation, District 1. Florida National Scenic Trail Master Plan, Lake Okeechobee Segment, Bartow, FL 1996 Haase, Ronald W. Classic Cracker.• Florida's Wood -Frame Vernacular �. Architecture. Sarasota, FL: Pineapple Press, 1992 McAlester, Virginia & Lee. A Field Guide to American Houses. New York, New York, Alfred A Knopf, Inc, 1984. wo Morris, Marya. Innovative Tools for Historic Preservation. American Planning Association. 1996. •• National Register of Historic Places. Guidelines For Local Surveys: A Basis For Preservation Planning. Bulletin # 24. U. S. Department of the Interior, National Park Service, 1985. Rypkema, Donovan D. The Economics ofHistoric Preservation: A Community Leader's Guide. National Trust for Historic Preservation, 1998. Smith, Kennedy et al. Revitalia. wDowntown: The Professional's Guide to the Main StreetApproach. Washington DC, National Trust for Historic Preservation, 1996. U.S. Department of the Interior. The Secretary of the Interior's Standards for the Treatment ofHistonc Properties with Guidelines for the Treatment of Cultural Landscapes, Washington D.C., U.S. Department of the Interior, 1996. Weeks, Kay D and Grimmer Anne E. The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings. Washington D.C., U.S. Department of Interior, National Park Service, 1995. obs.bib.doc/2/25/99 am GLOSSARY Adaptive use - conversion of a building into a use other than that for which it was designed, "" such as changing a warehouse into a gallery space or housing. Demolition by Neglect - the destruction of a building through abandonment or lack of ow maintenance. aw Design Guidelines - criteria established to direct development. Good guidelines offer options without being too restrictive; they reflect a community image and character. W. Design Review Board - a municipal body, generally made up of designers and laymen; appointed to serve by the city council, which reviews the design component of proposed developments or modifications to existing developments, generally within a specified area. aw Facade - the exterior wall of a building exposed to public view -� Grid - a traditional city plan, based on streets and alleys that are (primarily) perpendicular to each other as Historic District - a definable geographical area that contains a number of related historic sites, buildings, structures, features, or objects united by past events or aesthetically by plan or physical development, and that is designated on a local, state or national register of historic places. a. Historic Rehabilitation Tag Credit - the federal Tax Reform Act of 1986 permits owners and WM some lessees of historic buildings to take a 20 percent income tax credit on the cost of rehabilitating such buildings for industrial, commercial or rental residential purposes. ON Infill - housing or other development in an urban area that is designed to fill a void left by vacant property. The purpose of infill construction is to revitalize the surrounding area. Mixed -use - a project which combines different uses, such as housing, retail and office. National Register of Historic Places - the nation's official list of historic, architectural, WM archeological and cultural resources; maintained by the National Park Service, U.S. Department of the Interior. qM Preservation - providing for the continued use of old and historic buildings, sites, structures and objects. The means of preservation may include restoration, rehabilitation and adaptive use. Page two Proportion - the ratio or relative size of two or more dimensions. The term can be used to refer to the ratio of the width to the height of a door or window opening, or to the ratio of the width of a building to the height. Reconstruction - the act of reproducing by new construction the exact form and detail of a vanished building, or a part thereof, as it appeared at a specific period of time. Restoration - the act of accurately recovering the form and details of a building and its setting as .m it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work. .. Rhythm & Pattern - relates to the materials, styles, shapes and the spacing of building elements as well as, the buildings themselves. The predominance of one material or shape, and its patterns of recurrence, are characteristics of an area that need to be maintained. Scale - the apparent size of a building, window or other element as perceived in relation to the size of a human being. Scale refers to the apparent size, not actual size, since it is always viewed IM in relationship to another building or element. Sense of Place - the sum of attributes of any place that give it a unique and distinctive character. Sprawl - dispersed development over large areas of landscape. 00 Streetscape - the distinguished character of a particular street as created by its width, degree of curvature, paving materials, design of the street furniture and forms of surrounding buildings. Townscape - the relationship of buildings, shapes, spaces and textures that gives a town or area its distinctive visual character or image. Urban Fabric - The physical material of a building, structure or city; an interweaving of component parts. 8r No and Florida Preservation News (the last published jointly with the Florida Trust for Historic Preservation). y- The Survey and Registration Section assists the public in preparation of nominations of significant historical resources to the National Register of Historic Places, processes these nominations and provides staff support to Florida's National Register Review Board. The section also -administers the .. state historic marker program, including Great Floridian Markers, and coordinates educational aspects of the Florida Fokklife Program. The Florida National Register Review Board is a nine -member board appointed by the Secretary of State and meets quarterly to review nomination proposals to be submitted to the National Park Service. The five -member State Historic Marker Council, appointed by the Secretary of State, reviews proposals for recognition of historic properties or archaeological sites with Florida historic markers. The Florida Folklife Council is a seven -member board appointed by the Secretary of State to advise the Division of Historical Resources on various aspects of statewide folklife activities, including the annual Florida Folk Festival held in White Springs. aw Bureau of Historical Museums The Bureau of Historical Museums operates five museums in Tallahassee: the Museum of Florida History, the Old Capitol, the Union Bank Building (managed in association with the Florida A & M University Black Archives), the Knott House Museum and Mission San Luis (co -managed with the Bureau of Archaeological Research). Additional important programs of the Bureau of Historical Museums are the Museum Grants Program, development and coordination of traveling exhibits to other Florida museums and the development of teacher training materials on Florida history. Also, the Bureau conducts the annual Florida Folk Festival and other folklife festivals and exhibits. For more information on these programs, please contact: Division of Historical Resources Tampa Regional Preservation Office R.A. Gray Building 2009 North 18' Street 500 South Bronough Street Tampa, FL 33605 Tallahassee, FL 32399-0250 Phone: (813) 272-3843 Phone: (850) 488-1480 Fax: (813) 272-2340 Fax: (850) 488-3353 E-mail: fshiraldi@flinet.com Internet address: www.flheritage.com St. Augustine Regional Preservation Office Historic Pensacola, Inc. Government House on the Plaza Historic Pensacola Preservation Board of Trustees P.O. Box 4168, 48 King Street 120 East Church Street St. Augustine, FL 32085-4168 Pensacola, FL 32501 Phone: (904) 825-5045 Phone: (850) 595-5985 - Fax: (904) 825-5044 Fax: (850) 595-5989 E-mail: sarpres@aug.com E-mail: penshpb@mail.dos.state.fl.us two Palm Beach County Regional Preservation Office P.O. Box 1221 20 North Swinton Avenue Delray Beach, FL 33447-1221 Phone: (561) 279-1475 Fax: (561) 279-1476 E-mail: johnson@flinet.com fto BENEFITS OF A HIST#RIC PRESERVATION OV#INANCE -- Encourages the recycling of community resources -- Encourages the restoration and rehabilitation of historic houses and commercial buildings -- Assists local governments in meeting State -mandated Local Comprehensive Planning obligations -- Stabilizes and improves property values in historic neighborhoods and older commercial areas -- Welcomes adaptive use and new construction, in historic districts -- Creates jobs for architects and skilled craftsmen in restoring historic buildings -- Stimulates economic revitalization and business opportunities in older commercial areas -- Provides protection for resources through design guidelines and review -- Improves the local economy by promoting heritage tourism -- Provides financial assistance for eligible projects -- Provides additional tax revenues in revitalized neighborhoods and commercial areas _ -- Attracts other funding sources to popular community -based projects -- Provides a sense of place and focus for cultural activities 1 ff-a I 91 1M KA— n oo��oo ao��oo oo� goo u III I o�:J&m a:Am ILI am FMW- AM' 04a w4m o ow EM am W." M