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2000-05-02 Regular886 ,,�OF OK C+ - z �'�toA�o*,►►► CITY OF OKEECHOBEE MAY 2, 2000 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER: - Mayor: May 2, 2000, City Council Regular Meeting, 5:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Kevin Simms; 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 Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 18, 2000 Regular Meeting, PAGE 1 OF 7 Mayor Kirk called the May 2, 2000 Regular City Council Meeting to order at 5:05 p.m. Pastor Simms led the invocation; Mayor Kirk led the pledge of allegiance. Deputy Clerk Gamiotea called the roll: Present Present Present Present Present Absent Present Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the April 18, 2000 Regular Meeting; Council Member Markham. There was no discussion on the item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. MAY 2, 2000 - REGULAR MEETING - PAGE 2 OF 7 887 VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. A New Business item was added to discuss property located at Northwest 91h Avenue and the CSX Railroad Track. New Business items A and B were deferred until the June 6, 2000 meeting. VI. CONDUCT INTERVIEWS - Mayor. A. Public Works Director Applicants: William G. Reinert, Donnie R. 11� The Council conducted interviews with the three applicants that were present in the following order, William G. Reinert, Robertson and Robert A. Williams (Exhibit 1). Donnie R. Robertson and Robert A. Williams. Following the interviews the Council discussed each applicant and the needs of the City. Council Members Chandler and Watford stated their position was to hire Mr. Robertson. Council Members Markham and Oliver were in favor of hiring Mr. Reinert due to his qualifications. The Council also discussed that should their first selection not work out that the position would be offered to the second applicant. Council Member Chandler moved to appoint Mr. Donnie Robertson as the Public Works Director: seconded by Council Member Watford. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - NO OLIVER - No WATFORD - YEA MOTION CARRIED. RECESS: III Mayor Kirk called for a recess at 5:56 p.m. and reconvened the meeting at 6:03 p.m. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III Mayor Kirk opened the Public Hearing for ordinance adoption at 6:03 p.m. A.1. a) Motion to remove from the table, proposed Ordinance No. 747 Mayor Kirk advised the Council that he had been given a message that Attorney Cook was absent tonight due to regarding fire hydrant regulations - City Attorney (Exhibit 2). illness and that he has not been able to meet with the Okeechobee Utility Authority's Attorney, Tom Conely due to their schedules and recommended the Council not remove this item from the table tonight. b) Discuss proposed Ordinance No. 747. Mayor Kirk called for a motion three times, no motion was offered. There was no official action taken on this item. Mayor Kirk requested the Clerk's Office send a message to Attorney Cook that they wanted to be able to act on this matter by the next Council Meeting. 888 MAY 2, 2000 - REGULAR MEETING - PAGE 3 OF 7 CLOSE PUBLIC HEARING - Mayor. III Mayor Kirk closed the Public Hearing for ordinance adoption at 6:05 p.m. Vill. OPEN PUBLIC HEARING AMENDING THE CITY'S COMPREHENSIVE �II Mayor Kirk opened the Public Hearing amending the City's Comprehensive Plan at 6:03 p.m. PLAN - Mayor. A. 1. a) Motion to read by title only, and defer setting a Public Hearing date Council Member Watford moved to read by title only, and defer setting a Public Hearing date to allow time for for transmittal to the Department of Community Affairs, proposed transmittal to the Department of Community Affairs, proposed Ordinance No,7532 regarding amendments to the City's Ordinance No. 753regarding amendments to the City's Comprehensive Plan based on the Evaluation and Appraisal Report; seconded by Council Member Oliver. Comprehensive Plan based on the Evaluation and Appraisal Report - Jock Robertson, City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) Attorney Cook to read proposed Ordinance No.753 by title only 2. a) Motion to approve the first reading of proposed Ordinance No.753 . b) Public comment. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Mayor Kirk read proposed Ordinance No. 753 by title only as follows; "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA BASED ON ITS EVALUATION AND APPRAISAL REPORT INCLUDING AMENDMENTS TO THE FUTURE LAND USE MAP, THE TEXT OF THE FUTURE LAND USE, TRANSPORTATION, HOUSING, SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER AND NATURAL GROUNDWATER RECHARGE, RECREATION AND OPEN SPACE, CONSERVATION, RECREATION AND OPEN SPACE, INTERGOVERNMENTAL COORDINATION, AND CAPITAL IMPROVEMENT ELEMENTS; TO REVISE AND UPDATE THE EXISTING GOALS, OBJECTIVES, POLICIES, DATA AND ANALYSIS; AND ADDING APPENDIX "A", STATUTORY DEFINITIONS, IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FORTRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Council Member Oliver moved to approve the first reading of proposed Ordinance No.7753; seconded Council Member Watford. Mayor Kirk asked whether there were any questions or comments from the public. There was none. MAY 2, 2000 - REGULAR MEETING - PAGE 4 OF 7 889 VIII. PUBLIC HEARING AMENDING THE CITY'S COMPREHENSIVE PLAN CONTINUED. A. 2. b) Public comment continued. City Planning Consultant, Jock Robertson of LaRue Planning and Management Services addressed the Council regarding the Evaluation and Appraisal Report (EAR) amendments to the Comprehensive Plan. As required by the Growth Management Act, the five year based EAR was adopted by the City Council in February, 1999. That report was sent to the Department of Community Affairs (DCA). Since February of 1999 until today, the amendments that were in the report have been implemented in the language of the Comprehensive Plan, it will now be forwarded to DCA as a Plan Amendment. DCA has ninety days to review it and will then issue a Objections, Recommendations and Comments (ORC) Report. If there are amendments in the ORC Report, LaRue Planning will implement those and then forward the entire Plan Amendment to the Council for a final public hearing and adoption. Council also briefly discussed proposed amendments that are being studied to completely revise the Growth Management Act, and the population projections. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. Mayor Kirk closed the Public Hearing amending the City's Comprehensive Plan at 6:25 p.m. IX. UNFINISHED BUSINESS A.1. a) Motion to remove from the table, Resolution No. 00-3 setting fees Mayor Kirk advised the Council that he had been given a message that Attorney Cook was absent tonight due to for Utility Permits - City Attorney (Exhibit 4). illness and that he has not been able to meet with the Okeechobee Utility Authority's Attorney, Tom Conely due to their schedules and recommended the Council not remove Resolution No. 00-3 from the table tonight. b) Discuss proposed Resolution No. 00-3. Mayor Kirk called for a motion three times, no motion was offered. There was no official action taken on this item. Mayor Kirk requested the Clerk's Office send a message to Attorney Cook that they wanted to be able to act on this matter by the next Council Meeting. :•1 MAY 2, 2000 - REGULAR MEETING - PAGE 5 OF 7 X. NEW BUSINESS. A.1. a) Motion to read by title only and set May 16, 2000 as a public As requested by Pension Attorney Christiansen, this matter will be deferred until the June 6, 2000 meeting. hearing date, proposed Ordinance No. 749 amending the Police Officer's Pension Fund - Scott Christiansen, Pension Attorney (Exhibit 5). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 749 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 749. b) Discussion. c) Vote on motion. B.1. a) Motion to read by title only and set May 16, 2000 as a public As requested by Pension Attorney Christiansen, this matter will be deferred until the June 6, 2000 meeting. hearing date, proposed Ordinance No. 750 amending the Firefighter's Pension Fund - Scott Christiansen, Pension Attorney (Exhibit 6). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 750 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 750. b) Discussion. c) Vote on motion. C. Consider proposal from Craig A. Smith and Associates regarding the Police and Fire Department Building Renovation Project - Mr, Gene Schriner. Mr. Gene Schriner of Craig A. Smith and Associates and Mr. Jason Tramonte, Architect presented the Council with drawings to renovate the public safety buildings for the Police and Fire Departments. MAY 2, 2000 - REGULAR MEETING - PAGE 6 OF 7 891 X. NEW BUSINESS CONTINUED. C. Consider proposal from Craig A. Smith and Associates regarding Following a lengthy discussion, Council did not want to take official action on this matter since they had received the the Police and Fire Department Building Renovation Project information today. This item will be on the May 16, 2000 Agenda for further consideration. continued. D. Motion to award a bid to Alamo Industrial for a New Holland Council Member Oliver moved to award a bid to Alamo Industrial for a New Holland Tractor from contract (with side Tractor (with side mount boom mower) in the amount of mount boom mower) in the amount of $43,103.70; seconded by Council Member Markham. There was a brief $43,103.70 - Interim Public Works Director (Exhibit 7). 1 discussion on this matter as to checking locally for the tractor which was done with no results. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. E.1. a) Motion to read by title only and set May 16, 2000 as a public Council Member Oliver moved to read by title only and set May 16, 2000 as a public hearing date, proposed Ordinance hearing date, proposed Ordinance No. 751 amending the Land No. 751 amending the Land Development Regulations; seconded by Council Member Markham. Development Regulations - City Attorney (Exhibit 8). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 751 by title only Mayor Kirk read proposed Ordinance No. 751 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING ORDINANCE NO. 716, THE LAND DEVELOPMENT REGULATIONS (LDR'S); PARTICULARY SECTIONS 573 SIGNS IN PROFESSIONAL AND OFFICE DISTRICTS AND 574 SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS THEREOF; AMENDING SAID SECTIONS OF ORDINANCE NO.716 TO REFLECT A DEFINITION AND CLEAR INTERPRETATION OF THE SIGN REQUIREMENTS THEREIN; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 892 MAY 2, 2000 - REGULAR MEETING - PAGE 7 OF 7 X. NEW BUSINESS CONTINUED. E.2. a) Motion to approve the first reading of proposed Ordinance No. 751. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 751; seconded by Council Member Oliver. b) Discussion. III Mayor Kirk asked whether there were any questions or comments from the public, there were none. There was a brief discussion between the Council and Staff. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. ITEM ADDED TO THE AGENDA: Discuss property located at Northwest Council Member Chandler addressed the Council explaining that he and Council Member Markham have tried to 9' Avenue and the CSX Railroad Track. eliminate a problem on property located at Northwest 9" Avenue and just North of the CSX railroad tracks (Block 43, Lots 14 through 26, City of Okeechobee.) These thirteen lots are only fifty feet wide and cannot be developed. The adjoining property owners (of the Lots located North of Lots 14 through 26) have tried to purchase the property_ However, one of the two property owners will not sell the property, she does not understand that they cannot be developed, but since they are located next to a railroad track she is under the impression that they are more valuable. The property has been before the Code Board for overgrown vegetation and other violations. It has not been taken care of. XI. ADJOURNMENT -MAYOR. The County Health Department has called due to the amount and size of rodents living in the unkept lots which are covered with Australian Pines, Brazilian Pepper bushes and overgrown vegetation. The City will be receiving a letter PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE of the health violation this property is causing from the Health Department. The City will now be forced to do something BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO about the property. INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BA . Following a brief discussion, the Council instructed Code Officer Tomey to issue a the letter to property owners explaining_ their violation and the Health Department violations This case will need to go back to the Code " Board for appropriate processing. If the property/ Is not cleaned up the City will be forced to go on the property ATTEST: JAMES E. KIRK, MAYOR 11 and clean it, and charge the property owner the cost of cleaning it. III There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7.25 p.m. BONNIE S. THOMAS, CMC, CITY CLERK The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 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 in Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a IDvb' J C Na hcc> in the matter of published in said Newspaper in the issues of )ril 2Sn 2oC 3 Afffant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has hereto- fore 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 secur1,ng this advertisement for publication in the said newspaper. &w to and subscribed before me this day of A.D. 200_ Notary Public, State of Florida at Large I Karmen 11. brown = p"P� ;.Commission # CC 902300 r<_ Expires Jan. 17, 2004 >......•, ��,� Bonded Thru '.,,OF*%%' Atlantic Bonding Co., Inc. PUBLIC NOTICE The City of Okeechobee hereby gives nonce that the May 22000 Regular City Ceurrcll Meeting will begin at 5.00 p m The IS a change from the regular lime The purpose for the lime change is to conducl the Interviews for the Public WOrks encouragedtor, The to atte�tlb6C my epiesedand I the agenda are available by calling the Of- fice of the City Clerk 863-763-3372 x 215 or visit our websde at www c tt tokeechobee.com Notice is hereby given that any person should decide .to appeal any decision made at this meeting o1 the City Council such person will need to insure that a verbatim record OF the proceeding is made which includes etestimony e decce r pon wh ch the aeas lis based City Clerk tapes are for the sole Purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act and Florida Statute 286 26. persons with disabilities need- ing special accommodation to paruci- pate in this proceeding should contract Bonnie Thomas no later than two (2) days prior to the proceeding at 863- 763-3372 x 215. for assistance; it hearing is impaued, telephone the Flori- da Relay Service Number 1.Soo _gon- 8771 (TDD) or 1-800-955-8700 asstnce By BonnieVOICEfor S Thomas, CMC, City Clerk 56874 - ON 04/28/00 • 0 11 CITY OF OKEECHOBEE CITY COUNCIL REGULAR MEETING - May 2, 2000 HANDWRITTEN MINUTES CALL TO ORDER: - Mayor Mary 2. 2000. City Cou wa PI Pea "14w Meett#la- OPENING CEREMONIES: Invocation offered by -pastor Kw%vv5L#n ,&, Pledge of Allegiance led by Mayor Page -I- 7). " III. MAYOR, COUNCIL AND STAFF ATTENDANCE - Pr s nt Absent Mayor Kirk Council Member Chandler Council Member Markham '� ~ Council Member Oliver Council Member Watford Attorney Cook —�— Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea IV. MINUTES - City Clerk. �� A. Council Member moved to dispense with the reading and appro Summary of Council Action for the April 18, 2000 Regular Meeting; Council Member . DISCUSSION: Yea No Abstained Absent KIRK CHANDLER MARKHAM OLIVER WATFORD MOTION: <A;ED - DENIED V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. CONDUCT INTERVIEWS - Mayor. A. Public Works Director Applicants: William G. Reinert, Donnie R. Robertson and Robert A. Williams (Exhibit 1). r 0 • VtI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Council Member Ordinance No. 747 regarding fire hydrant regulations - City Attorney (Exhibit 2); seconded by Council Member b) Discuss proposed Ordinance No. 747. CLOSE PUBLIC HEARING - Mayor. Page -2- moved to remove from the table, proposed YD ea No Abstained Absent KIR CH MA OLI WACARRIED — DENIED i Vi III. OPEN PUBLIC HEARING AMENDING THE CITY'S COMPREHENSIVE PLAN - Mayor A.1.a) Council Member Al . moved to read by title only, and defer setting a Public Hearing date for transmittal to the Department of Community Affairs, proposed Ordinance No. ,.748 egarding amendments to the City's Comprehensive Plan based on the Evaluation and Appraisal Report - Jock Robe tson, City Planning Consultant (Exhibit 3); seconded by Council Member b) Vote on motion to read by title only. C) Y a No Abstained Absent KIRK CHANDLER MARKHAM City Attorney to read OLIVER proposed Ordinance No. WATFORD 748 by title only: "AN ORDINANCE OF THE CITY OF MOTION: C R ED -- DENIED OKEECHOBEE, FLORIDA BASED ON ITS EVALUATION AND APPRAISAL REPORT INCLUDING AMENDMENTS TO THE FUTURE LAND USE MAP, THE TEXT OF THE FUTURE LAND USE, TRANSPORTATION, HOUSING, SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER AND NATURAL GROUNDWATER RECHARGE, RECREATION AND OPEN SPACE, CONSERVATION, RECREATION AND OPEN SPACE, INTERGOVERNMENTAL COORDINATION, AND CAPITAL IMPROVEMENT ELEMENTS; TO REVISE AND UPDATE THE EXISTING GOALS, OBJECTIVES, POLICIES, DATA AND ANALYSIS; AND ADDING APPENDIX "A", STATUTORY DEFINITIONS, IN ACCORDANCE WITH THE ' MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Page -3- 2. a) Council Member SCL moved to approve thefirst reading of proposed Ordinance No. 748; seconded Council Member -,. b) Public comment. wdll-4 Alwlo r Zxe e-t-L C -u- 9A, " ems' _ /C/- km, %�- c) Vote on motion. 'CLOSE PUBLIC HEARING - Mayor Yea No Abstained Absent KIRK CHANDLER MARKHAM OLIVER WATFORD MOTION: CC�D - DENIED • • Page -4- UNFINISHED BUSINESS A. 1. a) Motion to remove from the table, Resolution No. 00-3 setting fees for Utility Permits - City Attorney (Exhibit 4). r b) Discuss proposed KIRK Yea No Abstained Absent Resolution No. 00-3. CHANDLER MARKHAM OLIVER WATFORD MOTION; CARRIED — DENIED CLOSE PUBLIC HEARING - Mayor X. NEW BUSINESS. A. 1. a) Motion to read by title only and set May 16, 2000 as a public hearing date, proposed Ordinance No. 749 amending the-R lip,, OP_ Officer's Pension Find - Scott Christiansen, Pension Attorney (Exhibit 5). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 749 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 749. b) Discussion. c) Vote on motion. B. 1. a) Motion to read by title only and set May 16, 2000 as a public hearing date, proposed Ordinance No. 750 amending the Firefighter's Pension Fund - Scott Christiansen, Pension Attorney (Exhibit 6). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 750 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 750. b) Discussion. c) Vote on motion. • Page -5- C• Consider proposal from Craig A. Smith and Associates r Police and Fire Department Building Renovation .Project - egar Pa rdthe i Gene ,?chriner. rl 30 �a y �� Xt12-zf,� 5g — /oC,v Z /OZ. oG C/I/U — �(4, Cr 8 c_ o0 Page -6- D. Council Member Aa moved to award a bid to Alamo Industrial for a New Holland Tractor (with side mount boom mower) in the amount of $43,103.70 - Interim Public Works -Director {_Exhibit 71; seconded Council Yea No Abstained Absent Member k))� KIRK CHANDLER MARKHAM OLIVER WATFORD MOTION: �RD .. DENIED V E. 1. a) Council Member - ,��'v moved to read by title only and set Maw 16, 2000 as a public hearing date, proposed Ordinance No. 751 amending the Land Development R ations - City Attorney (Exhibit 8); seconded by Council Membev b) Vote on motion to read by title only. Yea No Abstained Absent KIRK CHANDLER c) City Attorney to read MARKHAM proposed Ordinance No. OLIVERWATFORD 751 by title only: AN ORDINANCE OF THE CITY MOTION: �D - DENIED OF OKEECHOBEE AMENDING ORDINANCE NO. 716, THE LAND DEVELOPMENT REGULATIONS (LDR'S); PARTICULARY SECTIONS 573 SIGNS IN PROFESSIONAL AND OFFICE DISTRICTS AND 574 SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS THEREOF; AMENDING SAID SECTIONS OF ORDINANCE NO. 716 TO REFLECT A DEFINITION AND CLEAR INTERPRETATION OF THE SIGN REQUIREMENTS THEREIN; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 2. a) Council Member moved to approve the first reading of proposed Ordinance No. 751; seconded by Council Member b) Discussion. c) Vote on motion. Yea No Abstained Absent KIRK CHANDLER MARKHAM OLIVER WATFORD MOTION: 4�D - DENIED e,7/A X �lr • E Page -I- CITY OF OKEECHOBEE CITY COUNCIL REGULAR MEETING - May 2, 2000 HANDWRITTEN MINUTES CALL TO ORDER: - MayorrM_a'y - 2ooa cay cou*WAZ gsai4MEM�etrr, s-�b.+u II. OPENING CEREMONIES: Invocation offered by Pcw&&r Kevf*vSi Pledge of Allegiance led by Mowor III. MAYOR, COUNCIL AND STAFF ATTENDANCE - Present Absent Mayor Kirk Council Member Chandler Council Member Markham Council Member Oliver v Council Member Watford Attorney Cook ✓ ��'` Administrator Veach ✓ City Clerk Thomas v Deputy Clerk Gamiotea ri i 11Y. MINUTES - City Clerk. A. Council Member t1 .L_ moved to dispense with the reading and approve the Summary of Council Action for the April 18, 2000 Regular Meeting; Council Member . DISCUSSION: Yea No Abstained Absent r KIRK —� 1ztl� CHANDLER MARKHAM .— OLIVER WATFORD —� MOTION: ARRIED - DENIED W AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. CS�j M — 4kakVk- 04'*-, caoLW dt�,WSSIG-r-, VI. CONDUCT INTERVIEWS - Mayor. A. Public Works Director Applicants: William G. Reinert, Donnie R. Robertson and Robert A. Williams (Exhibit 1). c,"'� , hu-5k., d 1c a Imo- -�o ammA I dO SO D-10 0 LN - dD �Aw 2 cp-hoa� &pw Lo�o& dowh V�w pad,Lqw q�czdv '2, V)Q� uc� kl� cpwa vc� Ala� CL ©��c III 1, ciii b - Sha�U UJ Wx-�Wt�P - V-�Po cx t 6it q q (Uqj&� tapod 4W- P)C)Lhf (�,�,t u���c � k& Sole lVe a-qo Lt�h 0 Lwu 06W� Vju Man &P a,no� , f a-� �- m�.-a t cc�' C. oca c - �j 0 U 14� bj (jtajov fil j f (LU E. LM, +�, a W ''� 2 Q , gym/ C� au 4ct - 4��5 Aj q� aj ub 6equ ��2 did, I/Ilii ,�Of OEEEcy . a CITY OF OKEECHOBEE MAY 2, 2000 REGULAR MEETING OFFICIAL AGENDA PAGE 1 OF 4 • I. CALL TO ORDER - Mayor: May 2, 2000, City Council Regular Meeting, 5:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Kevin Simms; 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 Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 18, 2000 Regular Meeting. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. MAY 2, 2000 - CITY COUNCIL AGENDA - PAGE 2 OF 4 VI. CONDUCT INTERVIEWS - Mayor. A. Public Works Director Applicants: William G. Reinert, Donnie R. Robertson and Robert A. Williams (Exhibit 1). VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. • A. 1. a) Motion to remove from the table, proposed Ordinance No. 747 regarding fire hydrant regulations - City Attorney (Exhibit 2). b) Discuss proposed Ordinance No. 747. CLOSE PUBLIC HEARING - Mayor. VIII. OPEN PUBLIC HEARING AMENDING THE CITY'S COMPREHENSIVE PLAN - Mayor. A. 1. a) Motion to read by title only, and defer setting a Public Hearing date for transmittal to the Department of Community Affairs, proposed Ordinance No. 748 regarding amendments to the City's Comprehensive Plan based on the Evaluation and Appraisal Report - Jock Robertson, City Planning Consultant (Exhibit 3). • b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 748 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 748. b) Public comment. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. MAY 2, 2000 - CITY COUNCIL AGENDA - PAGE 3 OF 4 IX. UNFINISHED BUSINESS A. 1. a) Motion to remove from the table, Resolution No. 00-3 setting fees for Utility Permits - City Attorney (Exhibit 4). • b) Discuss proposed Resolution No. 00-3. X. NEW BUSINESS. A. 1. a) Motion to read by title only and set May 16, 2000 as a public hearing date, proposed Ordinance No. 749 amending the Police Officer's Pension Fund - Scott Christiansen, Pension Attorney (Exhibit 5). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 749 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 749. • b) Discussion. c) Vote on motion. B. 1. a) Motion to read by title only and set May 16, 2000 as a public hearing date, proposed Ordinance No. 750 amending the Firefighter's Pension Fund - Scott Christiansen, Pension Attorney (Exhibit 6). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 750 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 750. b) Discussion. c) Vote on motion. MAY 2, 2000- CITY COUNCIL AGENDA - PAGE 4 OF 4 X. NEW BUSINESS CONTINUED. C. Consider proposal from Craig A. Smith and Associates regarding the Police and Fire Department Building Renovation Project - Mr. Gene Schriner. D. Motion to award a bid to Alamo Industrial for a New Holland Tractor (with side mount boom mower) in the amount • of $43,103.70 - Interim Public Works Director (Exhibit 7). E. 1. a) Motion to read by title only and set May 16, 2000 as a public hearing date, proposed Ordinance No. 751 amending the Land Development Regulations - City Attorney (Exhibit 8). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 751 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 751. b) Discussion. c) Vote on motion. XI. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. 0 °Krtoti ��ot MEMORANDUM EXHIBIT I - 5/Z AGENDA Office of the City Clerk/Personnel Administrator To: Mayor and Council Members From: Bonnie S. Thomas, City Clerk�A� Subject: Public Works Director Applications — Short List Date: April 27, 2000 Attached herewith please find: l . Public Works Director Applicants Short List Spread Sheet. 2. Mr. Reinert asked that the attached letters of recommendation be copied to you. Please use your copies of the applications from the April 18 agenda. Should you need another copy please call me. The Applicant Appraisal Forms with the questions for each applicant will be at your seat the night of the meeting. Thank You! 22 Lime Lane (BHR) Okeechobee, FL 34974 863-824-0886 APRIL, 2000 PUBLIC WORKS DIRECTOR APPLICANTS - SHORT LIST FOR INTERVIEWS oyf f W11JIV111b1 -Palm Bch Gardens Various Professional Courses r-uroc vvorKs jupennienaent; Computer & Office Equipment & Repair; Municipal Budgeting; Heavy Equipment; Public Administration; Effective Supervisor Practices; Building Codes; Employer - Employee Communication; ASE Certified Automobile Repair/Maintenance; Mosquito Control; Certified Air Conditioning Repair/ Maintenance; Certified Pest Control; Certified Herbicide/Pesticide Application; Pavement Maintenance; Machine Shop Work & Welding; Tropical Gardening. $10.61 /hour (Retired with $60,000/annual) arNascar Speed Park: Property Maintenance -Supervisor (facilities & property maintenance & supervisor). swVillage of North Palm Beach: Public Works Supervisor (population 13,000; $5 million public works operating budget; plan, organize & direct all administrative & hands-on functions of public works dept). Project Manager (assisted in construction/renovation public safety facility, community center, driving range building, tennis courts, shoreline parks, club house, median beautification, marina boat ramps, highway re -surfacing, pools, storm water runoff structures). Facilities Mainten- ance Supervisor (maintained exterior/interior of all village owned buildings). Sanitation Supervisor (comprehensive sanitation program, re -cycling program, service). Head Vehicle Maintenance Mechanic/Certified Master Mechanic (fleet and equipment mechanic for Village, inventory). Yes Nascar Speed Park Immediately 6 Robertson, Donnie Ray High School Diploma - Supervision of Employees, Marine awRobertson Marine Construction: Owner (marine Yes No 5270 NW 30w Street Waterloo, AL Construction; Computer & Office construction, canal bulk heads, docks, boat lifts). Self Okeechobee, FL 34972 Equipment. Open 863-467-7877 10 Williams, Robert Anderson High School Diploma - Customer Service; Office Equipment; awBadcock Home Furnishing: Store Owner (Mulberry, No No 1117 NW 2' Street Okeechobee High School Heavy Equipment; Supervisor. Florida). Okeechobee, FL 34972 Diesel School - awFlorida Power & Light: Supervisor (helper, truck driver, Mar 14, 2000 863-763-3611 Nashville, TN Percentage Rate of Sales apprentice, lineman, working foreman, automotive supervisor). • 0 40 THE VILLAGE OF North Palm Beach 501 U.S. HIGHWAY 1 • NORTH PALM BEACH, FLORIDA 33408 • 661-848-3475 • FAX 561-881-7469 VILLAGE COUNCIL. Edward M. Eissey, Ph.D., Mayor Joseph A. T ingali, Vice Mayor Gail H. Vastola, President Pro Tem David B. Norris, Councilman Charles R. O'Meilia, Councilman VILLAGE MANAGER Dennis W. Kelly VILLAGE CLERIC Kathleen F. Kelly, CMC To whom it may concern: 26 August 1999 Please accept this letter of reference for William Reinert with whom I have had a personal and professional relationship since 1969. Mr. Reinert was first employed as a laborer by the Village of North Palm Beach upon graduation from high school in November 1969. As the Department Head of the Public Services Department, I immediately noted that Mr. Reinert conducted himself in a sincere and dedicated manner and consistently exhibited the desire to improve his work abilities. During the period between 1969 and 1983, Mr. Reinert climbed a career ladder that included positions of chief automotive mechanic, sanitation superintendent, building maintenance supervisor and finally public works superintendent. All of the positions attained by Mr. Reinert required personnel management skills and responsibilities, purchasing authority and work planning and management actions. Mr. Reinert's actions and technical skills have proven to me that he has sound construction judgment and outstanding knowledge of building codes, building construction processes and work safety rules. I would grade his technical abilities in mechanical, structural, electrical and plumbing areas and construction site preparation as outstanding. Bill has impressed me as a very conscientious individual who is capable of working independently aad is eager to be challenged and to learn something new. His observed relationships with his peers and his supervisors have been above reproach. The Village of North Palm Beach will be hard pressed to replace Mr. Reinert as he chooses to move on to other areas. It is my personal belief that Mr. Reinert would be a great asset to any employer and would strongly recommend his technical and managerial prowess. Please do not hesitate to contact me in regards to this matter. Cnrles'y yoursC. O' eilia Director, Public Services (Ret) 0 9 THE VILLAGE OF NORTH PALM BEACH DEPARTMENT OF PUBLIC SERVICES 645 PROSPERITY FARMS ROAD • NORTH PALM BEACH, FLORIDA 33408/4799 PHONE (561) 626-0212 • FAX (561) 626-5869 September 9, 1999 Re: William Reinert Employment Reference To whom it may concern: It is my pleasure to provide Mr. William Reinert with an employment reference. Mr. Reinert has been employed by the Village of North Palm Beach for almost 30 years. His most recent position has been Public Works Supervisor. In this position he supervised approximately 55 employees and was responsible for the operation and performance of Street Maintenance, Park Maintenance, Facility Maintenance, Vehicle Maintenance and Solid Waste Collection Divisions. Bill has worked his way up through the ranks where he learned and demonstrated the technical and administrative responsibilities of each division. Mr. Reinert has demonstrated an eagerness and ability to learn new job responsibilities which he has performed with excellent results. Mr. Reinert proved himself to be an extremely reliable and valuable employee and will be sorely missed. Please feel free to contact me with any questions. Sincerely, -00ra Thomas arth, P.E. Director of Public Services cc: Village Manager Name of Applicant: William G. Reinert APPLICANT APPRAISAL FORM Position: Public Works Director iEP= Consider the overview of the candidate In all categories below and comment on each rating In Section II. 1. Please list your technical and educational quali lcati for this position. 1� /vif I;S 2. Please list your experience dealing with the pubs 3. Experience dealing with elected boards. 4. Experience with consultants and state agencies. 5. Experience with managing employees. 6. Your connection with the local community. 7. Wou u be willing to relocate eechobee, if you are rea living here? M4,0o- 1) Explain the procedure you would use to develop a 3 to 5 year plan to meet the City's needs in Public Works. It Other, Fa to rs and Comments: ' For Additional Comments Use Back SECTION /it AU 2 k X� Date: 05/02/00 a� L4 x X !X Overall Appraisal: OUTSTANDING ABOVE AVERAGE AVERAGE BELow AVERAGE INADEQUATE Recommend employment for current position opening: Yes No_. Interviewers Initial's Name of Applicant: Donnie Robertson SFCTMN I APPLICANT APPRAISAL FORM Position: Public Works Director. Date: 05/02/00 Consider the overview of the candidate in all categories below and comment on each rating in Section II. 1. Please list your technical and edu tional qualifications forT this position. -S 2. Please list your experience dealing with the public. 3. Experience dealing with elected boards. 4. 5. [Q Experience with consultants and state agencies. Experience with managing employees. 1 T� Your connection with the local community. _ Explain the _procedure you would use to develop a 3 to 5 year plan to meet the City's needs in Public Works..lr,..s AW MN It Other Factors and Com entw �A- %� -:G �p� For Additional Comments Use Back 110VO�--r rn G Q o q al Q M Q o m t"�a ss N c SCCTMN /it Overall Appraisal: OUTSTANDING ABovE AVERAGE AVERAGE,- BELow AVERAGE INADEQUATE Recommend employment for current position opening: Yes No Interviewers Initial's Name of Applicant: Robert A. Williams APPLICANT APPRAISAL FORM Position: Public Works Director Date: 05/02/00 SFCTNON L Consider the overview of the candidate In all categories below any comment on each rating in 1. Please list y i�€du tional qual' I ons for this position. // -.P: 2. Please list your experience dea ing h u 3. Experience dealing with elected boards. a) 0) rn c o Q � Q rn CD > 3 o Q o O— Q m M MIff 4. Experience with consultants and state agencies. 5. Experience with managing employees. 6. Your connection with the local community. �c►`''� �/ 7. Explain the procedure you would use to develop „ 2 year plan to meet the City's needs in Public Works. Yj 8. Explain any experience you have working with asphalt. 9. Explain any experience you have preparing andwVrking L within a budget. 10 Explain any experience you have working with a CADD System. CEiCT/ON //. Other Factors and Comments: X For Additional Comments Use Back $FCT/ON /it Overall Appraisal: OUTSTANDING AsovE AVERAGE AVERAGE BELowAvERAGE4 INADEQUATE AV Recommend employment for current position opening: Yes No Interviewers Initial's EXHIBIT 2 - 5/2 AGENDA ORDINANCE NO. 747 AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA AMENDING FORMER SECTION 18-37 CODE OF ORDINANCES; PROVIDING FOR REGULATIONS FOR INSTALLATION, EXTENSION, REPAIR OR IMPROVEMENT OF WATER LINES AND SYSTEMS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE; REQUIRING THE INSTALLATION OF FIRE HYDRANTS; ESTABLISHING NATIONAL STANDARDS FOR INSTALLATION AND EXTENSION OF LINES AND PLACEMENT OF HYDRANTS; REQUIRING SITE AND PLAN APPROVAL; REQUIRING PERMITS; PROVIDING FOR INSPECTION, REVIEW AND REPAIR OF RIGHTS OF WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee is furnished water service by a utility authority that requires periodic replacement, improvement or installation of water lines and related fixtures in order to provide safe and consistent water supply to the populace; and WHEREAS, developers, contractors and other private enterprise from time to time extend water line and water service to provide for such private development; and WHEREAS, concurrent with the improvement, replacement or extension of water lines, the safety and welfare of the citizens mandate that fire protection be available to protect life and property; and WHEREAS, providers of utility services and developers/contractors who actually plan, design and install such line extensions are in a superior position to comply with such standards as may be imposed, and to install fire hydrants during such extensions; and WHEREAS, the provision for fire safety and hydrants is an inherent function of municipal government and an essential service for its citizens, and WHEREAS, the City of Okeechobee is authorized by Ch. 180, Florida Statutes to regulate the manner of utility service offered to its citizens; NOW THEREFORE the City of Okeechobee, Florida hereby adopts and enacts the following ordinance: Sec. 18-37. Extensions of water system. (1) This ordinance shall be applicable to any utility, private company, authority, developer, contractor, or other person or entity, (hereafter called "provider") that engages in the service, installation, repair, improvement or replacement of water lines and water service within the corporate boundaries of the City of Okeechobee, Florida. (2) Any provider must apply for, and obtain, a permit from the City of Okeechobee prior to engaging in these activities, according to the requirements and on the forms as provided for, by the City by resolution of the City Council, or at the direction of the department of general services, and also obtain such other approval or permit from any local, state or Federal agency as may be applicable to the project. (3) If the provider is a developer, contractor or ether private entity, such provider, when entering into the development agreement with the City, must include in such agreement an understanding that such provider shall be responsible for all costs associated with the work and materials contemplated in the plans and specifications for the line extension. (4) Any provider engaging in these activities must include in the plans and specifications therefor the requirements, procedures, guidelines and mandates of the manuals of the National Fire Protection Association (NFPA) as presently promulgated or as hereafter amended, as well as any other local, State or Federal requirement that may be applicable to the project. Page 1 of 2 (5) Prior to commencing construction, the provider must submit to the City for review and approval, the final set of plans, specifications or engineering drawings, which will be reviewed by the technical review board for compliance with this ordinance, with the standards of NFPA, and with any other necessary local, state or Federal permit or consent. (6) In addition to the requirements herein, any water lines that are extended within the municipal boundaries of the City must be of sufficient size to provide for fire protection, through the installation of hydrants which size shall also be determined by considering future growth in the area of extension, or other on -site fire protection services or devises. All providers must include in plans and specifications for line extensions the placement of fire hydrants along the line and at such distances as dictated by the manuals of the NFPA depending on line size, flow, and other factors as may exist, and install such hydrants during line extension at no cost to the City of Okeechobee. (7) All providers are required, prior to completion of construction of the project, to notify the City and obtain an inspection of the right of way, installation of line and hydrant, and returning the site to its original condition by the road department or such other agent of the City. All such work and site repair of the right of way shall conform to the original plans and specifications, the recommendations of the technical review committee, local, state or Federal requirements, or such other reasonable requirements as directed by the City. THIS ORDINANCE WAS CONSIDERED AND APPROVED for further consideration at the first reading and public hearing on the 21 ! day of March. 2000 during a regular session of the City of Okeechobee City Council. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk THIS ORDINANCE WAS CONSIDERED AND ADOPTED after the second reading and public hearing on the day of , during a regular session of the City of Okeechobee City Council. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 0 EXHIBIT 3 - 5 / 2 AGENDA ORDINANCE NO. 74gq AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA BASED ON ITS EVALUATION AND APPRAISAL REPORT INCLUDING AMENDMENTS TO THE FUTURE LAND USE MAP, THE TEXT OF THE FUTURE LAND USE, TRANSPORTATION, HOUSING, SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER AND NATURAL GROUNDWATER RECHARGE, RECREATION AND OPEN SPACE,< CONSERVATION, RECREATION AND OPEN SPACE, INTERGOVERNMENTAL COORDINATION, AND CAPITAL IMPROVEMENT ELEMENTS; TO REVISE AND UPDATE THE EXISTING GOALS, OBJECTIVES, POLICIES, DATA AND ANALYSIS; AND ADDING APPENDIX "A", STATUTORY DEFINITIONS, IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the State Legislature of the State of Florida has mandated that all local governments draft and adopt comprehensive development plans to provide thorough and consistent planning with regard to land within their corporate limits; and WHEREAS, the State Legislature of the State of Florida has mandated that all local governments draft and adopt Evaluation and Appraisal Reports to review and update their Comprehensive Plans and to reflect changes in state policy on planning and growth management and evaluating the effectiveness of their plans; and WHEREAS, the State Legislature of the State of Florida has mandated that all local governments must adopt amendments within eighteen (18) months of completion of the Evaluation and Appraisal Report; and WHEREAS, the City of Okeechobee adopted its Evaluation and Appraisal Report on February 16, 1999; and WHEREAS, all amendments to the Comprehensive Plan must be adopted in accordance with detailed procedures which must be strictly followed; and WHEREAS, the City of Okeechobee has held all duly required public hearings; both prior to submission of the proposed amendments to the plan to the Florida Department of Community Affairs, and after the proposed amendments to the plan were returned to the City, in accordance with Chapter 163, Florida Statutes; and WHEREAS, the City Council desires to adopt amendments to the current Comprehensive Plan to guide and control the future development of the City, and to preserve, promote and protect the public's health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, that: Section 1. That the City Council of the City of Okeechobee, Florida hereby adopts amendments to its current Comprehensive Plan dated March 19, 1991, which amendments consist of the pages which are identified as Exhibit "A" and which are incorporated into the current Comprehensive Plan. A copy of the Comprehensive Plan, as amended, is on file in the office of the City Clerk, City of Okeechobee, Florida. Section 2. That the City Clerk is hereby directed to transmit three (3) copies of the amendments to the current Comprehensive Plan to the State Land Planning Agency, along with one (1) copy to the Department of Environmental Protection, the South Florida Water Management District, the Florida Department of Transportation, the Central Florida Page 1 of 2 0 Regional Planning Council, the Florida Department of State, Bureau of Historic Preservation, and the Okeechobee County Planning & Development Department, and to any other unit of local government who has filed a written request for a copy, within ten (10) working days after adoption, in accordance with Section 163.3184(7), Florida Statutes. Section 3. That all ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4. That should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or work be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance. Section 5. That the effective date of this plan amendment shall be the date a final order of compliance is issued by the Florida Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Florida Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. INTRODUCED for first reading of the ordinance for transmittal, in accordance with Chapter 9J-11 F.A.C., and F.S. 163.3184(15), at public hearing this 2' day of May , 2000. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CIVIC, City Clerk PASSED and ADOPTED on second and final public hearing this day of . 2000. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 0 Future Land Use Element Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: Through a well -planned mix of compatible land uses, the City of Okeechobee shall continue to maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost. Objective 1: The location of future development in the City of Okeechobee YA11-shall continue to be guided by the availability and efficient use of public facilities and services as well as site characteristics such as soil conditions and topography. Policy 1.1: Approval of development proposals shall continue to be conditioned on the availability of facilities and services necessary to serve the proposed development and that the facilities meet adopted level of service standards. These adopted level of service standards shall be as follows: Public Facilitv Potable Water SUDDIV Wastewater Disposal Solid Waste Disposal Stormwater Drainage Recreation and Open Space Roads and Traffic Circulation LOS Standard 114 eallons/capita/dav 130 gallons/capita/dav 13 lbs./capita/dav 3 vears available landfill capacity Design storm: 25 vear/24 hour duration 3 acres/1.000 persons Principal Arterial: LOS C All Other Roads: LOS D Policy 1.2: The City of Okeechobee *414-shall continue to ensure that needed public facilities will be in place prior to or concurrent with new development through implementation of a -the Concurrency Management System. Policy 1.3: Where minimum levels of service for parks, roads, and solid waste disposal are met, new residential development and commercial developments receiving approval from the Florida Department of Health may make temporary use of private wells and septic tanks subject to the requirement that it will connect to public potable water and sanitary sewer service once such service becomes available. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Future Land Use EIement 1 Policy 1.4: By September- VO°' , The land development regulations applicable in the City of Okeechobee will be amended to implement appropriate best management practices described in A Guide to Sound Land & Water Management (published by the Florida Department of Environmental Protection)or limit development densities and intensities in areas where soil types or topography are not conducive to development. Permitted densities and intensities in environmentally sensitive areas shall be as established under Objective 2 and the Future Land Use Map. Objective 2: The City of Okeechobee —shall continue to ensure that all new development is consistent with the Future Land Use Element. Policy 2.1: The following land use designations are established for the purpose of managing future growth: a) Single -Family Residential. Permitted uses are one single-family dwelling on each lot and structures accessory to the residential use, mobile home parks and public facilities. Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single family development shall be five units per acre. b) Multi -family Residential. Permitted uses include apartments, duplexes, condominiums, single-family houses and public facilities. Maximum density shall not exceed 10 units per acre. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for multi -family development shall be 11 units per acre. c) Commercial. Permitted uses include, office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ration of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. d) Industrial. Permitted uses included large-scale manufacturing or processing activities. Also permitted are public facilities. Industrial Development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. e) Public Facility. Permitted uses include parks, schools, government buildings, fire stations and other recreational and non -recreational City of Okeechobee EAR -based Comprehensive Plan Amendments Future Land Use Element Fa Adopted: March 19, 1991 Date: April 10, 2000 public properties. The maximum impervious surface for development within this category shall not exceed 85% of the site. Policy 2.2: In accordance with property rights policies adopted by the Central Florida Regional Planning Council in the Central Florida Regional Policy Plan, the City of Okeechobee recognizes and shall continue to protect private property rights. In implementing the Comprehensive Plan, the e--City shall continue to ensure that its land development regulations protect the use and value of eke -private property from adverse impacts of incompatible land uses, activities and hazards. Planning for land use and public facilities in the E-City Nv&shall consider private property rights, and ensure citizen input into government land use decisions affecting property rights. Upon Plan adeptien, eenstmefien; unique Mbitat; endangered speeies efyAldfife and plants; —and require +1., e+ the .,+ + t&-wkieh the :, a:-- m a n. .. h Lnue develepment is detennined to zeack li , the City shaJ4 r-e a-Teai&- :vai' : k ii' Ow l f the The mum buffer- r a ' ' -„ �� o e e be 25 feet and the Mnb {.iilJV e e f al th 1 fiefe the +1 .ir-eseume shall be 40 f: d as t tuS :J she" pfeseFve allat 1 vege"ve =., appm ved-to gees -the buff -en BWFer-s may esupplemefAed-eiAy Y44h native-#ess, slfibs and gr-eund-eover-s. Policv 2.3: The Citv shall continue to require that all development Drovosals be accomvanied by an inventory of wetlands, soils Dosing severe limitation to construction, unique habitat, endangered species of wildlife and Dlants, and areas Drone to periodic flooding. The Citv shall further require that the extent to which anv development or redevelopment is DroDosed to be Dlaced in/on. to disturb, or to alter the natural functions of anv of these resources, be identified. Such identification shall occur at a phase in the development review Drocess that provides the oDDortunity for the Citv to review the DroDosed Droiect to ensure that direct and irreversible impacts on the identified resources are minimized, or in the extreme. mitigated. Where development is determined to encroach uuon a resource. the Citv shall require City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Future Land Use Element 3 a specific management plan to be prepared by the developer, which results in no net loss of wetlands and which includes necessary modifications to the proposed development, specific setback and buffers. and clustering of development awav from site resources. to ensure the Drotection. preservation or natural functions of the resource. The minimum buffer for wetlands shall be 25 feet and the average of all setbacks from the wetland resource shall be 40 feet. Areas designated as buffers shall Dreserve all natural vegetative cover. except where drainageways and access Daths are aDDroved to cross the buffer. Buffers may be suDDlemented only with native tress. shrubs and ground covers. Policy 2.3-4: The City-A411, through revision of appropriate land development regulations, shall continue to establish compatibility criteria for adjacent land uses. Policy 2.5: The Citv shall amend its Future Land Use May. as necessary to address inconsistent land use areas. Objective 3: The City of Okeechobee shall continue to work toward the elimination or reduction in size or intensity of existing land uses and zoning designations which are not consistent with the Future Land Use Element. Policy 3.1: By '�-z992,t-The City will --shall. by 2001. identify all existing land uses inconsistent with the Future Land Use Element. olicy 3.2: By 1992TThe City of Okeechobee • 41 _e e its shall amend its land development regulations, by 2002. to prevent expansion of existing land uses which are inconsistent with the Future Land Use Element. These regulations shall be enforced to ensure that when, aad te ensure dwt if such land uses are discontinued, they can -shall not be reestablished. 'olicy 3.3: The City of Okeechobee will -shall continue to coordinate with Okeechobee County in amending the City -County zoning maps to ensure that, by September- ' °°' , all property in the City is zoned in accordance with the Future Land Use Element. Objective 4: The City -shall continue to ensure the availability of suitable land for public facilities to support proposed development. Policy 4.1: Future land use desigm#iem will shall continue to include apyxvF"ate public facilities to support proposed development. Policy 4.2: The Citv shall continue to amend and enforce the -land development regulations will be necessary to ensure that adequate land and/or facilities are available. at the minimum reauired level of service standards. City of Okeechobee EAR based Comprehensive Plan Amendments Future Land Use Element 4 Adopted: March 19, 1991 Date: April 10, 2000 to meet the needs of new development, including but not limited to the following: a) drainage b) stormwater management c) parking d) open space e) road right-of-way f) sewer/water plant sites g) schools Policy 4.3: Where new facilities providing a utility service are needed to support a proposed development, such facilities shall be approved prior to or simultaneously with approval of the development. Objective 5: At a minimum, the threshold acreage for new schools shall be as follows: a) Elementary Schools: A minimum of four (4) acres for the first two hundred (200) students, plus one (1) acre for each additional one hundred (100) students. b) Middle SchoolsIdunior High Schools: A minimum of six (6) acres for the first three hundred (300) students, plus one (1) acre for each additional one hundred (100) students. c) Senior High Schools: A minimum -of seven (7) acres for the first three hundred (300) students. plus one (1) acre for each additional fifty (50) students up to one thousand (1,000) students, plus one (1) acre for each additional one hundred (100) students thereafter. d) Area Vocational/Technical School: A minimum of twenty (20) acres for the first five hundred (500) students, plus one (1) acre for each additional fifty (50) students up to one thousand (1,000) students. e) Community College: A main campus site shall be a minimum of one hundred (100) acres. Each separate center site shall contain a minimum of forty (40) acres for the first five hundred (500) students, plus two (2) acres for each additional one hundred (100) students. �-_ ity of Okeechobee EAR -based Comprehensive Plan Amendments Future Land Use Element 5 Adopted: March 19, 1991 Date: April 10, 2000 • • Special-purpose center site acreage shall be appropriate to contain the functions identified in the program. olicy 5.1: Upon issuance of a development order for a new school, the necessary public facilities such as, but not limited to sanitary sewer, solid waste, potable water, drainage, and roads are to be in place to serve the proposed use. Furthermore, the School Board shall obtain a written agreement from the service provider assuring adequate capacity is available. Dolicy 5.2: Public facilities should be in close proximity, and operating at the adopted level of service, before a development order can be issued for a new school. Policy 5.3: Access to the site must be from a collector road (minor Collector or local road for elementary schools) and avoid the need for slow down zones. "olicy 5.4: Ingress and egress should not create detrimental impacts on roads adjacent to the site and the site must provide for adequate on -site parking and circulation of user vehicles. Policy 5.5: Approaches to the site should be safe for pedestrians, bicycles, cars and buses. >licy 5.6: The City of Okeechobee shall advise the School Board of all Plan amendments that may affect the location of new schools and proposed improvements. Objective 6: The City shall identify suitable locations for the siting of future schools. )!icy 6.1: Proposed school sites should be located away from industrial uses, major arterial roadways, railroads, airports, and similar land uses to avoid noise, odors, dust, and traffic impacts and hazards ,licy 6.2: Disrupting influences caused by school yard noises and traffic shall be buffered to ensure sufficient distances from hospitals, adult communities, and nursing homes. :'olicy 6.3: New schools shall be located within urban growth areas or be compatible with compact urban growth patterns. i ilicy 6.4: School sites shall be located outside flood plains, flood prone areas, or floodways. New school sites should, whenever possible, avoid wetlands, and other environmentally sensitive areas, and will not interfere with historic or archaeological resources. c ' i ty of Okeechobee Adopted: March 19, 1991 \R-based Comprehensive Plan Amendments Date: April 10, 2000 uture Land Use Element 6 _)1icy 6.5: The City of Okeechobee shall facilitate the adequate and efficient provision of public schools through: a) Allowing new public elementary, middle, and high schools by right in the Single Family Residential, Multi -Family Residential, and Public Land Use categories, and by Special Exception in the Commercial Future Land Use category subject to locational criteria in the Comprehensive Plan and development standards in the Land Development Regulations, b) Not permitting new public schools for any site prohibited for a public school in Chapter 235, F.S., and Rule 6A-2, F.A.C. c) Addressing public school facilities pursuant to the provisions of Sections 163.3161(3), 163.3164(24) and 163.3177(10)(h), Florida Statutes. d) Initiating a coordination process with the School Board in its efforts on school planning, site selection and construction; and pursuant to Chapter 235, Florida Statutes. e) Maintaining for public review, a listing of capacity -deficient public schools and the School Board's Educational Plan Survey and Capital Improvement Program when such information is provided to the City. ( bjective 7: The City of Okeechobee -shall continue to protect significant natural and historic resources. 'olicy 7.1 BY September- ber- '�4-The City �eg.-shall continue to amend and enforce land development regulations consistent with the Florida Department of Environmental Protection's (FDEP) best management practices referenced in Policy 1.4, which will minimize the flow into Taylor Creek of organic nutrients, pesticides, sediment, and other substances having the potential to degrade water quality. olicy 7.2: The Citv shall continue to protect &gnvironmentally sensitive areas Abe pr-eteeted-from development of a type and intensity which would disrupt their natural functions. Policy 7.3: By September- 199- , * The City vA14-shall continue to establish development standards to be applied to any wellfield protection zones which the City may designate to protect any future public potable water wellfields from contamination, and implement them through land development regulations. These standards will, at a minimum: City of Okeechobee Adopted: March 19, 1991 i 1R based Comprehensive Plan Amendments Date: April 10, 2000 Future Land Use Element 7 a) regulate the use, handling, production and storage of regulated substances; b) prohibit new underground fuel and other hazardous chemicals within these areas; c) require existing facilities to demonstrate that adequate technology is being employed on -site to isolate the facility from the water supply; and d) require that future wellfield protection zones which are relatively undeveloped will be planned for low density and intensity land uses. rolicv 7A The Citv shall amend its Future Land Use Man from Industrial to Public for lands used as wellfields. Policy 7.4-5: By '� 1992, t -The City of Okeechobee shall, by 2002. complete a survev of all �-historically significant properties and, based on available resources, implement programs and procedures to preserve and protect them. This will include, but not be limited to, cooperation and coordination with recognized historic preservation organizations , if , the adepfie "pp" e e f i e.,.if d tmetwes. Upon completion of the Citv's historic survey the Citv shall: a) adopt a local historic preservation ordinance addressing all areas of historic significance: b) create an historic overlav district: cC) amend the Future Land Use Map to reflect historically significant areas: and d) prepare a Historic District Map of all historic sites in the Citv. Objective 8: The City of Okeechobee v44-shall continue to encourage the redevelopment and renewal of blighted areas. i 'olicy 8.1: B.. 1992, the City -Aill The Citv shall continue to identify and prioritize areas in need of redevelopment or renewal. Policy 8.2: The Citv shall. by 2002. formulate a program of specific activities to be conducted in renewal of blighted areas, including but not limited to the following: C i ty of Okeechobee Adopted: March 19, 1991 2-based Comprehensive Plan Amendments Date: April 10, 2000 Future Land Use Element 8 • • a) Establish criteria for identifying structures in need of repair, rehabilitation or, if there is no feasible alternative, demolition; b) Seek all available state and federal funds to support renewal activities; c) Identify any available alternative housing units for persons displaced by renewal activities; and d) Review e€-zoning, building, housing, and other codes for weaknesses which allow the formation of blighted areas, and make necessary revisions. POH6 f.a: be I Objective 9: The City of Okeechobee iv&shall continue to ensure that proposed land use activities in the Taylor Creek area are not inconsistent with the stated goal of the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins, prepared pursuant to Chapter 380, Florida Statutes. Policy 9.1: During ' 992, The City of Okeechobee will review the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins, and coordinate its activities with those of other local governments addressed in the Resource Management Plan. 1 ,.)licv 9.2: The Citv shall adopt a Drotection ordinance for the Tavlor Creek Drainage Basin area to eliminate inconsistent land use activities. while maintaining consistencv with the Resource Management Plan. Policv 9.3: The Citv shall amend the Future Land Use Mar) to include a Conservation land use category for which to designate the Tavlor Creek Drainage Basin and Lower Kissimmee River areas. ., b j ective 10: The City of Okeechobee vA41--shall continue to promote the various and innovative land development techniques. Policy 10.1: The City -shall continue to amend and enforce its land development regulations to encourage development techniques which mix and distribute land uses to accomplish the following: a) make the most efficient possible use of existing facilities; b) recognize and preserve distinctive natural features of the development site; ry of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Future Land Use Element 9 Policy 10.2: Policy 10.3: Obiective 11: "!"icv 11.1: c) protect environmentally sensitive areas within the site; d) preserve open space; e) meet specific needs of the City, such as affordable housing; and fl promote a sense of pride and community for its residents. The City Y411-shall continue to amend and enforce its land development regulations to protect the public safety along its streets and highways by limiting size and placement of signs and visual obstructions, which can restrict visibility and pose a distraction to the motorists. The City mill :ma.tain-shall continue to enforce land development regulations addressing the subdivision of land. The City of Okeechobee shall integrate the obiectives of the Okeechobee, Local Mitigation Strategy into its Comnrehensive Plan.. As is practicable, applicable provisions of the Local Mitigation Strategv shall be integrated into the City's land development regulations and review procedures to prevent inconsistency between future uses and any hazard, mitigation report recommendations., City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Future Land Use Element 10 Traffic Circulation Element Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: To develop a traffic circulation system which safely and efficiently meets existing and future transportation needs, promotes accepted design standards, and achieves desired levels of service. Objective 1: The City of Okeechobee-A44, as part of its five-year capital improvements f program, shall continue to identify needed improvements and time frames for correction of existing roadway deficiencies. Policy 1. 1: The City sill -shall, by 2002. rank proposed roadway projects in order of f priority according to the following guidelines: Priority 1: The project is needed to protect public health and safety, to fulfill the City's legal commitment to provide facilities and services, or to achieve full use of existing facilities. Priority 2: The project increases efficiency or reduces maintenance costs of existing facilities, prevents or reduces future improvement costs, provides service to developed areas lacking full service, or promotes infill development. Priority 3: The project represents a logical extension of facilities and services within a designated urban service area. Policy 1.2: By '�z-The City AQ eemkiet shall, by 2002. comvlete a survey of striping, signalization, signage and other road conditions to identify areas in need of improvement. Policy 1.3: The City shall. by 2002. develop and maintain a data file on traffic accidents and identify any roadway deficiencies contributing to such accidents. Policy 1.4: The City shall. by 2002. identify all roadways within the City in need of resurfacing or widening and include those improvements in the Five -Year Schedule of Capital Irnvrovements. Objective 2: The City of Okeechobee wtl,L-shall continue to protect existing and future right-of-way from building encroachment. Policy 2. 1: The City hereby adopts standard minimum right-of-way requirements for new roadways as follows: City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Traffic Circulation Element 1 U U I TYPE OF FACILITY I RIGHT-OF-WAY Arterial Roadway 150' Collector Roadway 100' Local Road 70' (swale drainage) 50' (curb and Sutter) Policy 2.2: The City Ail amend shall enforce provisions in its land development regulations to require mandatory dedications or fees, as a condition of plat approval, for the purpose of acquiring adequate right-of-way to serve proposed developments. Policy 2.3: The City -shall identify the right-of-way needs of existing development as soon as possible, and by September- 1, 199 1, revise nforce provisions in its land development regulations to establish measures for acquisition or reservation. Policy 2.4: In cases where width requirements established in Policy 2.1, are inadequate for a proposed road improvement project, the City v411-shall, after consulting { with FDOT or other appropriate agencies, establish special setbacks or dedication requirements to meet the need for additional right-of-way. Objective 3: The City of Okeechobee Y11-shall continue to support and encourage FDOT in the implementation of projects listed in the FDOT 5-Year Work Program which are under the City's jurisdiction and are consistent with and further the Comprehensive Plan. Policy 3.1: The City shall continue to provide necessary coordination and assistance { to FDOT in its work efforts toward widening US 441 between CSX Railroad and Cemetery Rd.. expanding SR 70 from 8' Avenue west , and all other { projects included in the 5-Year Work Program covering the period 1 °°�95 { 2000-2010. { Policy 3.2: The City -shall continue to promptly report to FDOT any observed deficiencies and needed improvements in state roads so that these may be added to the current work program or included in upcoming work programs covering the period 449-5-2000-2010. Objective 4: The City of Okeechobee vA11-shall continue to coordinate the planning and { programming of local transportation improvements with the Future Land Use Element of this plan, Okeechobee County and FDOT. Policy 4.1: t-Dhe City -shall, by 2002. implement a program to monitor and { evaluate the impacts of existing and proposed development on the City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Traffic Circulation Element 2 transportation system in order to ensure consideration of transportation issues in local land use decisions. Policy 4.2: T-In order to improve coordination with FDOT, the City v411-shall continually review applicable FDOT plans and programs in for consistency with these in its own project planning. Policy 4.3: As part of its Concurrency Management System, the City shall continue to notify FDOT when any proposed development would reduce levels of service on US 441 and SR 74 below adopted minimums. Policy 4.4: When transportation facilities become backlogged, the City will-eeeper to shall continue cooperation with FDOT in adopting strategies, timetables, and commitments to bring operating conditions back to acceptable levels of service over a reasonable period of time. Policy 4.5: The City shall identify all roadway Droiects in its Capital Improvements Plan. Objective 5: The City of Okeechobee wAIIshall continue to coordinate activity with state, regional, and local jurisdictions to promote a proper mix of funding for transportation improvements. Policy 5.1: The City w441-shall continue to aggressively seek funds from FDOT, DCA, the County and other appropriate agencies, public and private, to meet the funding necessary for needed transportation improvements. Objective 6: The City of Okeechobee vAR-shall continue to implement a program for providing roadway needs that integrates acceptable design standards. Policy 6.1: The City -shall continue to consider and adopt criteria published at the federal, state, and local level relating to the design of transportation facilities including the FDOT Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of Streets and Highways; and the American Association of State Highways and Transportation Engineers Policy on Geometric Design of Highways and Streets. Policy 6.2: The City-Aih:amend shall enforce provisions in its land development regulations to establish roadway requirements, including appropriate development setbacks and right-of-way dedications, addressing the need to acquire and preserve existing and future rights -of -way. Policy 6.3: The City shall enforce Drovisions, in its land development regulations, which meet or exceed FDOT standards, to control access to arterial and collector roads by limiting new curb cuts and driveway permits, or other appropriate means. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Traffic Circulation Element 3 Objective 7: The City of Okeechobee -shall establish a level of service standards that { are acceptable for existing and future conditions. Policy 7.1: Minimum peak hour operating levels of service for the City of Okeechobee shall continue to be consistent with those set forth in the Florida Highway { System Plan, Level of Service Standards and Guidelines Manual as outlined below: IFacility Type rincipal Arterials inor Arterials 1 Other Roadways Rural/urban With Population Less Than 50.000 C D D Policy 7.2: The City's Concurrency Management System ivilI--shall continue to use { minimum level of service standards adopted in Policy 7.1 in assessing whether the transportation impacts of proposed new developments are acceptable. Objective 8: The City of Okeechobee Pill -shall continue to coordinate development with { the provision of adequate motorized and non -motorized transportation facilities. Policy 8.1: The City -shall continue to monitor land use development trends and { traffic levels of service to ensure that needed transportation facilities are provided by developers or appropriate government agencies prior to or concurrent with development. Policy 8.2: The City shall not permit new development to occur in locations where { the existing traffic circulation network is insufficient to accommodate the impacts of the development, unless definite provisions are made to provide the necessary capacity prior to or concurrent with the development. Policy 8.3: As new development is permitted, the City shall continue to reserve and { protect needed right-of-way and/or easements for bicycles and pedestrian facilities. Policy 8.4: The City A411-eawpA-shall enforce provisions in its { land development regulations to require sidewalks in new commercial and residential developments which are subject to plat or site plan approval, to be linked where possible to the existing sidewalk system. Policy 8.5: Areas of the City not currently served by bicycle or pedestrian facilities shall receive top priority when such facilities are built in the future. { City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Traffic Circulation Element 4 Obiective 9: The City of Okeechobee shall encourage efforts to curtail future level of service standard deterioration, particularly along US Highway 441 and SR 70. Policy 9.1: To assist in improving level of service standards, commercial redevelopment efforts shall be prioritized to mitigate existing "strip" commercial sites. Policy 9.2: Access points to commercial centers shall be limited, where feasible, to decrease traffic congestion along City arterials and other roadways. Policy 9.3: Efforts shall be made, where appropriate, to separate local traffic from, through traffic in commercial areas., City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Traffic Circulation Element 5 Housing Element Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: The City of Okeechobee will plan for the provision of decent, safe and sanitary housing of appropriate type, size, location and cost, and with adequate supporting public facilities to meet the current and future needs of all residents of the City. Objective 1: On an ongoing basis, the City of Okeechobee Y411-shall continue to assist the private sector and other public agencies in providing adequate and affordable housing, supported by adequate public facilities, for existing and future populations. This will include regulatory improvements, coordination with the private sector, applications for funding assistance, and other activities aimed at ensuring adequate supply of standard condition housing which meets documented current and projected ranges of household size, income, tenure, and special need (e.g., elderly and farmworker housing). Policy 1.1: New residential development shall continue to be permitted only where facilities and services such as roads, sanitary sewer, and potable water are available and adequate, or where such facilities and services are programmed to be provided during the planning period, based on a fair -share distribution of costs. Policy 1.2: The City Administrator and other appropriate officials Pill -shall continue to, meet on a periodic basis, either formally or informally, with City residents, developers, builders, non-profit providers of housing, and any other interested persons to assess and improve the production of housing for all City residents. Policy 1.3: The City Administrator —shall continue to assess and recommend improvements as necessary, to housing -related regulatory and permitting processes in effect within the City. This will be done in conjunction with scheduled evaluations and appraisals of the comprehensive plan, or as otherwise required. Possible improvements may include, but shall not be limited to: • elimination or modification of conflicting or excessive regulations; • establishment of a time limit for the review of development proposals; • consolidation of multiple public hearings; and • waiving of processing fees for affordable housing projects. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Housing Element 1 Policy 1.4: The City Administrator vAN-shall continue to coordinate with the joint City - County Building and Zoning Department to establish a site review process to guide the location of and assess the need for and availability of infrastructure to support the following: • housing for low and moderate income families; • mobile homes; • group homes; • foster care facilities; • farmworker housing; and • housing for other households with special needs. Policy 1.5: In order to be eligible to receive state and federal housing funds, the City of Okeechobee mil --shall, by 2002. implement a fair housing ordinance to j permit opportunity in housing selection and prohibit discrimination in the sale or rental of a dwelling. Policy 1.6: The City shall enforce provisions. in its land development regulations allowing the following density bonus for residential developments in providing units which qualify as affordable housing: 10% of total units ................................... +l unit/acre Policy 1.7: The City shall explore incentives to offer developers for the provision of affordable housing units, and adopt an incentive Drop -ram by 2002. Policy 1.8: The City through the State Housing Initiative Program (SHIP) funding, shall more actively Darticipate in providing affordable housing to meet community needs by rehabilitating deteriorating structures and by providing down Davment assistance for new homes. Objective 2: B The City of Okeechobee w-shall. by 2002. formulate and begin to implement a program to identify, preveaA,---reduce, and/or eliminate substandard housing conditions by ten Dercent. This will include amendment; j by Septem 1, 19:4-, of housing and building codes and other applicable regulations to establish minimum standards for safety and for aesthetic, structural and/or sanitary conditions in the existing housing stock. Policy 2.1: The City �A411 adept -shall enforce standards for rehabilitation of substandard housing units incorporating housing quality standards which meet or exceed those of the Federal Section 8 Existing Housing Program. Building, housing, and zoning codes in effect within the City shall be amended as necessary to maintain consistency with these standards. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Housing Element 2 Policy 2.2: As permitted by funding and personnel constraints, the City -shall continue to bring substandard housing units into compliance with applicable regulations at an average rate of 10 units per year. This may include rehabilitation as well as demolition and replacement. Policy 2.3: , The City of Okeechobee YAR-shall, by 2002. establish criteria to identify blighted areas and historically significant housing in need of improvement. Policy 2.4: Dufing 199"The City of Okeechobee m4H-shall. by 2001, conduct a review of applicable land development regulations for weaknesses which allow the formation of blighted areas, and coordinate with Okeechobee County to make necessary revisions as part of the required amendment process. Objective 3: The City of Okeechobee -Ail-shall continue to conserve its standard -condition housing stock, and improve, as necessary, the structure and aesthetics of existing housing. In this process, historically significant units will be identified and given special consideration. Policy 3.1: Owners/landlords of housing units shall continue to maintain their property in standard condition. Through a program of code enforcement based, at a minimum, on response to citizen complaints, substandard conditions shall be brought to the attention of owners/landlords of housing units, and they shall be required to make necessary repairs. Substandard housing shall be defined, based on the U.S. Department of Housing and Urban Development (HUD) Section 8 Existing Housing Program as a housing unit having a deteriorated or dilapidated appearance and one or more of the following conditions: 1. The only possible access to the unit is through another unit. 2. There is no alternative means of exit in case of fire which meets state or local regulations. 3. There is evidence of infestation by mice or vermin. 4. There is an accumulation of garbage or debris. 5. Inadequate covered facilities for refuse disposal are provided. 6. Neighboring conditions are present which would seriously and continuously endanger the health or safety of residents (e.g., evidence of flooding, proximity to open sewage, fire hazards). 7. Evidence exists of an unsound or hazardous foundations. 8. There are unsound or hazardous stairs, porches, balconies, or decks. 9. Roof bucks or sags, has holes or decayed soffits. 10. Exterior surfaces are decayed or otherwise defective. 11. Chimney is leaning or disintegrating. 12. Mobile homes are placed on the site in an unstable manner. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Housing Element 3 Policy 3.2: Work efforts on the part of the City toward conservation, rehabilitation and demolition of housing units will be carried out in support of the following principles: • to encourage property owners to make repairs before serious problems develop within the housing stock; • to reduce blight and decay of neighborhoods; • to maintain the value of housing and the quality of life in the City; and • to encourage investment in residential areas. Policy 3.3: The conservation, rehabilitation, or demolition of any documented historic housing units shall continue to be carried out in cooperation with recognized historic preservation organizations. Policv 3.4: UDon completion of the Citv's historic survey all historically significant housing structures shall be formally identified by the Citv. Policv 3.5: The Citv shall, through Code Enforcement assistance, maintain records to identify all housing units that are demolished and all housing units that are brought into Code compliance. Policv 3.6: The Citv shall coordinate with both citizen groups and the Den_ artment of State to identifv and DreDare a Historic Overlav District. Objective 4: The City of Okeechobee A411 amend shall enforce zoning, subdivision, housing and other applicable regulations to ensure adequate sites for housing for low- and moderate -income families and for mobile homes. Policy 4.1: The principles and criteria for siting low and moderate income housing shall be as follows: • to ensure that low/moderate income families have adequate public facilities and services based on a fair -share distribution of costs; • to reduce concentrations of low/moderate income housing in the City; • to provide adequate sites for low/moderate income housing based on projections and demand for such housing; and • to allow additional density for developments providing affordable housing (see Policy 1.6). Policy 4.2: The principles and criteria for siting mobile homes shall be as follows: • to ensure mobile home residents of the availability of adequate public facilities and services based on a fair -share distribution of costs; City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Housing Element 4 • to require developers of future mobile home parks to provide adequate hurricane shelter space for hurricane season residents of such parks; • to provide adequate sites for mobile homes based on projections and demand for such housing; • to ensure an affordable housing type to residents of the City; and • new mobile homes shall be placed only in mobile home parks or subdivisions at least 10 acres in size. Objective 5: The City of Okeechobee -shall, on a continuing basis, ensure adequate sites for group homes and foster care facilities that are licensed or funded by the Florida Deuartment of Health (DOH). Policy 5.1: The principles and criteria for siting MRS-DOH-licensed or -funded group homes and foster care facilities shall be as follows: to ensure that group homes and foster care facilities of a residential scale will be located in areas of residential character; zoning shall not be used to prohibit such facilities of a residential scale in areas of residential character so long as proposed facilities are compatible with surrounding residential densities; and to provide clients of such facilities adequate public facilities and services on the basis of a fair -share distribution of costs. Objective 6: Reserved. As paA of its o#ei4s to m >c�izc and stabilize r-esidenees m'Ily &Bsisted l : T�. e: Uriefffl piefAly-, as r-es„lc�cch of Federally assisted aefiens will be pr-evi 7 Objective 7: B}-1991; The City of Okeechobee m „11 ha- a established a shall, by 2002, establish a technical advisory committee whi 1111 evaluate the City's housing efforts and advise the City on adequate and affordable housing issues and programs. Policy 7.1: , City Officials vA41-shall continue to seek and/or otherwise develop appropriate federal, state, local, and private funding or assistance to . sheer -offset the costs of City housing efforts, return tax revenue to the community, provide local employment, and/or leverage private -sector investment in residential areas. City of Okeechobee EAR -based Comprehensive Plan Amendments Housing Element 5 Adopted: March 19, 1991 Date: April 10, 2000 Policy 7.2: The City wAll-seek federal and StMe fimding en a mgtdar- basisfor. the a'--itiD== The City v411-shall continue to apply for Small Cities Community Development Block Grant funds and participate in housing -related activities funded by block grants and the Farmers Home Administration. The City wok -shall consider participating in other federal or state -assisted programs that rehabilitate and/or replace housing for low- and moderate -income families, and households with special housing needs. Policy 7.3: The City shall continue to Darticinate in the City's SHIP to find affordable housine for low- and moderate -income households. Policy 7.4: Throuah the assistance of a technical advisory committee, the City shall become more actively involved in the SHIP vmyram, to acquire funds for a greater Dercentase of affordable housinsz units. City of Okeechobee EAR -based Comprehensive Plan Amendments Housing Element R Adopted: March 19, 1991 Date: April 10, 2000 • 0 Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Recharge Element Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: The City of Okeechobee shall continue to conserve and protect its water sources and provide, or require others to provide, needed public facilities in a manner which protects investments in existing facilities and promotes orderly growth. Objective 1: The City of Okeechobee -shall, through revision of land development regulations, continue to implement procedures to ensure that needed facilities are available or will be available, concurrent with development. Policy 1.1: The City of Okeechobee shall adopt the following minimum level of service standards to be used to determine the availabilitv of facilitv capacity and the demand generated by development: , deyelep . . 9a,--imoement preeed wes to ensure ti . needed faeih4ies-me available, 6r hill be available, eeaet enciNith dewlepiixcnr Facility Sewer Water id Waste Disposal City of Okeechobee EAR -based Comprehensive Plan Amendments Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge Element 1 Level of Service Average Sewer Demand of User Population • 130 gallons per capita per day(see Policv 1.61 Average Daily Water Demand • 114 gallons per capita per day see Policv 1.6) Average Solid Waste Generation • 13 lbs. per capita per day • at least 3 years available capacity in Okeechobee County landfill (see Policy 1.4) Interim Standard (see Policy 1.5) Design Storm • 25-year frequency • 24-hour duration Facility design standards • as required by Florida Administrative Code (see Policy 1.5) Adopted: March 19, 1991 Date: April 10, 2000 • • Policy 1.2: The City of Okeechobee v4H-shall continue to ensure that all improvements for replacement, expansion, or increase in capacity of facilities shall be compatible with the adopted level of service standards for that facility. Policy 1.3: The City Administrator or his designee YA shall continue to annually report to the City Council the best available information on demand and unused capacity for each facility, providing the most recent available population e�a4ed estimates for the City and unincorporated areas served by City facilities. Policy 1.4: As a component of its adopted level of service for solid waste generation, the City iAlI--shall continue to require that no less than three years' capacity remain available in the Okeechobee County landfill to accommodate existing and approved development. The most recent available public facilities report of the City Administrator, as referenced in Policy 1.3, shall be consulted to determine whether this capacity exists. Policy 1.5: The following drainage level of service standards are established on an interim basis pending completion of a drainage study to produce relevant data and analysis to support permanent standards. Stormwater treatment and disposal facilities shall be designed for a 25-year storm event of 24-hour duration. Such facilities shall meet the design and performance standards established in Section 17-25.025, F.A.C. The first inch of stormwater runoff shall be treated on -site, pursuant to Section 17-3.051, F.A.C. Stormwater discharge facilities shall be designed such that the receiving water body shall not be degraded below minimum conditions necessary to assure the suitability of water for the designated use of its classification as established in Chapter 17-3, F.A.C. These standards shall apply to all development and redevelopment. Policy 1.6: Exnansion of Dublic water and wastewater treatment facilities shall be Dlanned and carried out according to the following criteria: When average daily demand reaches 65% of design capacity or when Deak demand reaches 80% of design capacity an engineer shall be retained by the City to evaluate expansion needs. When average daily demand reaches 80% of design capacity or when Deak demand reaches 95% of design capacity construction shall begin on the needed expansion. When average daily demand reaches 95% of design capacity or when peak demand reaches 100% of demand capacity. construction shall be complete. City of Okeechobee EAR -based Comprehensive Plan Amendments Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge Element 2 Adopted: March 19, 1991 Date: April 10, 2000 Objective 2: The City of Okeechobee IMH Pfepare e a shall continue to maintain a five-year schedule of capital improvement needs for public facilities, to be updated annually, in conformance with the comprehensive plan review process for the Capital Improvements Element. Policy 2.1: The City Administrator vi}1--shall continue to evaluate and rank capital improvements projects proposed for inclusion in the five-year capital improvements program. Policy 2.2: Capital improvement projects YA11-shall be ranked according to the following priority level guidelines: Priority One: The project is needed to protect the public health and safety, or to fulfill the City's legal obligation to provide facilities and services. Priority Two: The project increases efficiency of existing facilities, reduces improvement costs, provides service to developed areas lacking full service, or promotes infill development. Priority Three: The project represents a logical extension of facilities or services within a designated service Area. Policv 2.3: The Citv shall revised its Capital Improvements Plan to show itemized can_ ital improvements. Objective 3: The City of Okeechobee Pill -shall continue to ensure that existing facilities will be utilized in an efficient manner and that infrastructure improvements will not encourage urban sprawl. Policy 3.1: Land development regulations shall be utilized to require the use of appropriate public facilities in new developments. These requirements shall specify which facility or facilities shall be used in each of the various land use categories established in the Future Land Use Element. Facilitv usage shall also be consistent with the wellfield protection ordinance. Policy 3.2: Reserved. ExPaRsien ef-publieat '' wastewater-Ifeatment f4eilities sha -) `, —en avemge daily demand reaehes oeapaeity i peak demand ,.e.,et,es onoi f aes;,..., a „ L - eit.% -' _dl re+ , e.7 by the City +e a .te an eagineef needs. av � al expansien City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge Element 3 • • (2) o peak demand reaehes 0 begin en the a needed t3) o of design eapaeity er when peak ddeem —and feaehes 10094 of defaand 3aY""'Z "Jf eemplete. Objective 4: The City of Okeechobee AQ1 eeer-d ^^" shall continue coordination with Okeechobee County and the Okeechobee Utilitv Authoritv (OUA) in the extension of water and sewer service into unincorporated areas. Policy 4.1: Water and sewer service shall not be expanded beyond the boundaries of the Urban Residential land use designation as shown on Okeechobee County's adopted Future Land Use Map. Policy 4.2: The City Administrator -shall continue to be responsible for negotiating service extensions with Okeechobee County and OUA and drafting any necessary service agreements for the City Council's consideration. Policy 4.3 : Decisions to extend utility service into unincorporated areas will work toward maximizing the efficiency of use of City facilities. Non -city residents will pay the full cost of providing sewer and water service in unincorporated areas. Policv 4.4: The Citv shall coordinate with the Countv and OUA in targeting locations for future potable water and sanitary sewer connections. Objective 5: The City of Okeechobee shall continue to provide for efficient collection, environmentally sound disposal, and reduction in volume of solid waste material which it generates. Policy 5.1: The City i`411 eeeperate 'Ai a assis4 shall continue coordination and assistance with Okeechobee County in meeting the solid waste management requirements of the Solid Waste Management Act of 1988. Policy 5.2: The City -shall continue to maintain any and all interlocal agreements necessary to ensure continuing access to Okeechobee County's landfill facilities. Policy 5.3: If necessary, to maintain its adopted level of service (LOS) for solid waste generation, the City vA14--shall continue to fully utilize any and all of Okeechobee County's waste processing facilities and recycling programs for the reduction of solid waste volume. Even if not necessary to maintain its adopted LOS, the City shall still consider the feasibility of using such City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge Element 4 facilities and programs in its efforts to meet the volume of reduction goals of the Solid Waste Management Act of 1988. Policy 5.4: The City shall, by 2002. reduce its level of service standard for solid waste disposal from 11.250 tons Der year to 12.000 tons Der year. Objective 6: The City vAI1-shall continue to include, as part of its land development regulations revision, stormwater drainage regulations providing for the protection of natural drainage features and provisions for ensuring that all future development utilizes appropriate stormwater management techniques. Policy 6.1: The City of Okeechobee's land development regulations 4 ie shall enforce stormwater drainage provisions which ensure that: (a) new developments are required to manage runoff from the 25-year frequency, 24-hour duration design storm event on -site so that post - development runoff rates, volumes and pollutant loads do not exceed pre -development conditions; (b) stormwater engineering, design and construction standards for on -site systems are provided; and (c) erosion and sediment controls are used during development. Policy 6.2: The City shall, by 2001, adopt and enforce a stormwater management Dlan to establish techniques for the Drotection of drainage facilities. This Plan shall include Drotection measures for the Taylor Creek Drainage Basin area. Objective 7: The City of Okeechobee shall continue to obtain data needed for correction of existing deficiencies in a -man-made drainage facilities or altered natural drainage features. 'Policy 7.1: By '� °�The City v41 initiate shall comDlete all four Dhases of its inventory study of the function and capacity of the City's existing stormwater drainage facilities and system by 2001. Banda of its ewa, the City A411arequest �mdassistanee ffem the S Policy 7.2: The City --shall amend the Comprehensive Plan to include the recommendations of the stormwater drainage study, upon its completion. 'Policy 7.3: Drainage facility improvements shall continue to be provided according to the following priorities: (1) to fulfill the City's legal obligations; City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge Element 5 0 0 (2) to prevent further degradation of Taylor Creek; (3) to provide adequate drainage for existing development in the City; (4) to provide adequate drainage for new development in the City; and (5) to extend municipal drainage facilities to areas outside the City. Policv 7.4: The Citv shall maintain comDlete records on any drainage Droblems so that facilitv deficiencies may be better addressed and corrected. Objective 8: The City of Okeechobee shall continue to maintain its water consumption rate of 1.82 million gallons per day (MGD). Policy 8.1: The City's utility services shall continue to encourage conservation through special rate structures to reward customers who minimize their water consumption. Policy 8.2: By September 1, 19, The Citv shall enforce Drovisions in its land development regulations to require the use of drought -tolerant plants where landscaping is required. Policy 8.3: The City's building codes shall be amended to require water -saving devices on all new construction. Objective 9: The City vAI-l-shall continue to protect water quality and preserve the function of recharge areas and natural drainage features. Policy 9.1. As part of its land development regulations-r-evisiens, the City shall enforce provisions to limit impervious surfaces in new development to protect the function of natural drainage features and natural groundwater recharge areas. Policy 9.2: The City's land development regulations -shall be ed-utilized to provide special requirements, consistent with the wellfield motection ordinance. relating to permitted land uses and land development techniques which will protect groundwater supplies from contamination. Policy 9.3: The City vA11-shall continue to provide public information and seek public involvement in water supply issues. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge Element 6 Recreation and Open Space Element Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: To provide a system of public recreation lands and facilities to serve all residents and visitors of the City of Okeechobee, while making the most efficient possible use of public resources. Objective 1: Land designated for recreational use v i}1- shall continue to be protected on an ongoing basis from the establishment of land uses on adjoining properties which would interfere with its recreational function. Policy 1. 1: By septe r 1, 1 -The City wig -shall, by 2002. adopt specific definitions and standards for the designation and protection of open space or recreational lands within proposed developments. These standards shall include provisions for improving public access to Taylor Creek. Policy 1.2: 13-Y 1992,-The City m4h adef4 shall enforce land use compatibility standards for the protection of existing and future recreation and open space lands. Objective 2: The City of Okeechobee Ail eee-ainate i4ith shall continue coordination with and seek assistance from Okeechobee County, relevant state agencies, and the private sector to enhance recreational opportunities within its boundaries. Policy 2.1: As recreational needs arise, the City Y4 -shall continue to identify properties within its boundaries having the potential to meet those needs, and make reasonable efforts to secure those properties for recreational use through financial incentives, direct purchase, or other appropriate means. Policy 2.2: For types of recreational lands and facilities which cannot be provided within its corporate limits, the City shall continue to encourage public/private collaboration to create needed recreational opportunities, and contribute such staff and funding as may be available toward efforts involving the city, county, the State of Florida, and the private sector. Policy 2.3: The City shall continue to provide incentives such as in -lieu -of fees and direct site transfers to encourage the provision of recreation facilities in proposed developments. Policv 2.4: The Citv shall continue its efforts to solicit fundiniz from the Florida Recreation Development Assistance Prosram (FRDAP) for imp_ rovements to Flaaler Park. City of Okeechobee EAR -based Comprehensive Plan Amendments Recreation and Open Space Element 1 Adopted: March 19, 1991 Date:April 10, 2000 U • Policy 2.5: The City shall continue to coordinate with the County on maintenance of recreational facilities.. Objective 3: The City of Okeechobee vAl-l-shall continue to provide an adequate supply and variety of recreation opportunities to meet public need. Policy 3.1: The minimum level of service for recreational lands in the City of Okeechobee shall be 3 acres per 1,000 residents. Policy 3.2: The City. in an effort to address its shortfall of oven space/recreational, facilities, shall prepare a list and man of all current facilities by 2002. Upon. completion of this identification. the City shall then consider additional sites throughout the City for recreational on_ portunities. to meet the minimum level, of service requirement., Objective 4: The City of Okeechobee wiU—shall continue to ensure that identified j recreation sites are accessible to the public, including persons with special needs. Policy 4.1: The City shall continue to provide parking spaces and bicycle racks as needed at city -owned recreation sites which have been opened to public use. Policy 4.2: The City vAkLshall continue to provide handicapped and pedestrian access as needed at the city -owned recreation sites which have been opened to the public use. Objective 5: The City of Okeechobee YA11-shall continue to seek and utilize all available recreation -related funding from local, state, federal and private sector sources in providing recreational opportunities. Policy 5.1: The City v411-shall continue to inventory and monitor appropriate local, state, federal, and private funding sources for recreational facilities to ensure that applications for assistance are made in a timely fashion. Policy 5.2: The City shall continue to schedule identified recreation facility needs in the Capital Improvements Element of this plan. Policy 5.3: The City vA11-shall continue to provide for a fair -share costs mechanism for open space and recreation facilities. Obiective 6: The City of Okeechobee and the School Board will seek to coordinate and cooperate to ensure efficient and ioint use of existing and future park/school sites. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date:April 10, 2000 Recreation and Open Space Element 2 0 • Policy 6.1: The City of Okeechobee and the School Board will seek to utilize existing school facilities for hark and other recreational needs so as to enhance City resident access to parks and recreation. Policy 6.2: Whenever possible, future park sites should be adiacent to and designed in an integrated manner with school sites so as to maximize City resident access to narks and oven spaces. Policy 6.3: The City of Okeechobee shall request that the School Board submit for review, specific information on renovations, additions, and proposed exp_ anions on property owned by the School Board to assure the availability Of Dublic facilities and infrastructure when they are future Dlanned improvements. Policy 6.4: The City of Okeechobee shall advise the School Board of all Plan amendments that may affect school sites through designated liaisons with regularly scheduled informal or formal staff meetings. Policy 6.5: The City of Okeechobee shall coordinate with the School Board through a Memorandum of Understanding or Interlocal Agreement for the ioint use of Darks/school sites. City of Okeechobee EAR -based Comprehensive Plan Amendments Recreation and Open Space Element 3 Adopted: March 19, 1991 Date:April 10, 2000 Conservation Element Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: The City of Okeechobee -shall continue to conserve, protect, and appropriately manage the natural resources to promote the highest environmental quality possible. Objective 1: The City of Okeechobee shall continue to ensure that levels of air pollutants shall not exceed applicable standards set by the Department of Environmental Protection EP . Policy 1.1: Prior to City approval of a Development of Regional Impact (DRI), the developer shall conduct a study of transportation -related air quality impacts which may be reasonably expected to result from the project, and provide measures for mitigating those impacts. Policy 1.2: New commercial or industrial development which will release toxic or hazardous substances into the air will be buffered from existing residential, public, conservation or preservation land uses, as well as areas designated for these land uses on the Future Land Use Map. Objective 2: The City of Okeechobee -shall continue to implement programs and policies to conserve the supply and maintain the quality of current and projected potable water sources, as well as protect the quality of surface water. Policy 2.1: In water shortage emergencies, the City of Okeechobee YA11-shall continue to, follow the conservation plans, guidelines and recommendations of the South Florida Water Management District (SFWMD). Policy 2.2: Through Policy 2-.-2--2.3 of the Future Land Use Element and land development regulations based on that policy, the City of Okeechobee will shall continue to restrict the location and/or intensity of land uses which have the potential to adversely affect the quality or quantity of groundwater. Should municipal wells be established as a public drinking water source, the City Y4 —shall fully cooperate with the SFWMD to identify cones of influence for all public supply wellfields. In order to finance its support of these activities, the City shall seek funding assistance from SFWMD and all other appropriate sources. Land uses within the identified cones of influence shall be regulated in accordance with Future Land Use Policy 5- -7_3 and associated land development regulations. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Conservation Element 1 Policy 2.3: As its resources permit, the City of Okeechobee -shall continue to, cooperate with and support the Seu&FleFida-Water--Manage A-Dis#iet's ongoing surface water monitoring program as it pertains to Taylor Creek. In contributing to these efforts, the City v,41-1-shall continue to _place particular emphasis on documenting its own impact on water quality in the creek. Policy 2.4: As its resources permit, the City of Okeechobee vile -shall continue to, cooperate with and support the Seu&Flees-Water-Maeagement-DisiFiet and the DEP and other relevant agencies to improve water quality in Lake Okeechobee through reduction of pollutant loading in Taylor Creek. Objective 3: The City of Okeechobee -shall continue to conserve and protect its soils and native vegetative communities from adverse impacts of development. Policy 3.1: The City of Okeechobee Pill --shall continue to protect any natural reservations identified in the Recreation and Open Space Element from adverse impacts of development. Policy 3.2: The City of Okeechobee will- Beer-&t"e-and eeeperate-shall continue. coordination and cooperation with Okeechobee County to conserve and protect rare or unique vegetative communities that cross jurisdictional boundaries. Policy 3.3 : Through Future Land Use Policy 202_3 and implementing land development regulations, the City will shall continue to ,protect native vegetative j communities from adverse impacts of development. Objective 4: The City of Okeechobee YA4-shall continue to conserve and protect existing wetlands, fisheries and wildlife habitat from adverse impacts of development. Policy 4.1: Through Future Land Use Policy 24.1-2;3 and implementing land development regulations, the City -shall continue to conserve wetlands and protect j water quality in Taylor Creek from adverse impacts of development. Policy 4.2: In implementing Future Land Use Policy 2-.2-2.3, the City *411-shall continue to request assistance from the Florida Game and Fr-esl.,,,eAer- Fish and Wildlife Conservation Commission in identifying possible adverse impacts of proposed development on habitat for endangered and threatened wildlife species. Policy 4.3: The City shall, by 2002, identify the total acreage of wetlands and other, sensitive habitats within the City. Policy 4.4: The City of Okeechobee shall, through the implementation of Policy 9.3 of the Future Land Use Element, designate all wetlands and other. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Conservation Element 2 • • environmentallv sensitive lands as Conservation on the Future Land Use Man by 2003. i Objective 5: The City of Okeechobee will -shall continue to manage hazardous wastes, establish criteria for identification of environmentally sensitive areas, and regulate land uses so as to preserve natural resources. Policy 5.1: By member- 1, 19917-The Citv shall enforce Drovisions in its land � development regulations *411 be r-eyise to ensure that new development, � regardless of its location in the City, meets the following conditions: (a) does not degrade water quality in Taylor Creek; (b) does not threaten groundwater quality, particularly in the vicinity of municipal wells; (c) preserves existing wetland areas; (d) avoids the disturbance of natural drainage features; and (e) preserves habitat for endangered and/or threatened wildlife species. Policy 5.2: The City of Okeechobee shall continue to cooperate with Okeechobee County in the development and implementation of a joint hazardous waste management program for the proper storage, collection, and disposal of hazardous wastes in order to protect its natural resources. The Comprehensive Plan will be amended as necessary to support this program. Policy 5.3: On an ongoing basis, the City -shall continue to .participate in the ' DEP's "Amnesty Days" program and any similar program undertaken by Okeechobee County to collect and safely dispose of hazardous wastes. The City will -shall also continue, coordination with the,-eeer-diRate with Okeeohebee-County in the establishment of a joint collection center for household hazardous wastes. City of Okeechobee EAR -based Comprehensive Plan Amendments Conservation Element 3 Adopted: March 19, 1991 Date: April 10, 2000 Intergovernmental Coordination Element Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: To achieve greater governmental efficiency and resolve conflicts by coordinating development activities between the City of Okeechobee and Okeechobee County, and relevant regional, state, and federal entities. Objective 1: The City of Okeechobee shall continue to coordinate its Comprehensive Plan with Okeechobee County, the Okeechobee County School Board, and other relevant state or local agencies through the sharing of information and by seeking intergovernmental agreements. Policy 1.1: The City of Okeechobee shall continue to ensure coordination of activities in its Comprehensive Plan with plans of the Okeechobee County School Board, Okeechobee County , and other state or regional entities through regular exchange of information. This information shall include, but not be limited to, building permits, zoning cases, planned land use amendments, engineering plans, demographics, proposed annexation areas, socio-economic information, and utility service areas and capacity. Policy 1.2: The City of Okeechobee shall, at the least, annually provide text and future land use map updates of its Comprehensive Plan to adjacent local governments. Policy 1.3: The City of Okeechobee shall continue to request information and assistance as is feasible from local governments and Okeechobee County, including the County Comprehensive Plan and any Plan updates. Policy 1.4: The City of Okeechobee shall continue to notify the Okeechobee County Manager in writing of all proposed annexations. The City Administrator, or his designee, will meet with the Okeechobee County Manager, or his designee, to resolve any potential annexation conflicts or issues. Policy 1.5: The City of Okeechobee shall maintain a database of interlocal agreements which provides a listing of active formal agreements. This data/ database shall be updated at least every five years for the evaluation and appraisal report on the Comprehensive Plan. Policy 1.6: The City of Okeechobee shall, where practical, formalize all intergovernmental agreements within one year of the adoption of these amendments, or by 2001. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Intergovernmental Coordination Element 1 Objective 2: The City of Okeechobee shall maintain mechanisms to address development issues proposed in its Comprehensive Plan, affecting unincorporated Okeechobee County and other governmental jurisdictions. Policy 2.1: The City of Okeechobee shall continue to utilize the informal mediation process established by the Central Florida Regional Planning Council (CFRPC) to attempt to resolve land use conflicts with adjacent local governments. Policy 2.2: The City of Okeechobee shall continue to request that each of the entities analyzed in this element designate a representative to act as liaison to the City for the purpose of providing relevant information to be used in the planning and development review process. Policy 2.3: On request, the City Administrator and Planning Director, as liaisons, shall continue to provide and exchange information pertaining to significant proposed development among the appropriate local and regional agencies. Policy 2.4: For proposed development in the City which may have extra jurisdictional impacts due to its size, character or location, the City shall establish procedures for the review of comprehensive plans and comprehensive plan amendments which shall include: 1. Identifying intergovernmental issues and conflicts; 2. Identifying the impacts of capital projects listed in the Capital Improvements Element of the City of Okeechobee Comprehensive Plan upon the provision of basic services; and 3. Determining the relationship of development proposed within the City of Okeechobee Comprehensive Plan to the development proposed in the Comprehensive Plan or Comprehensive Plan Amendments of Okeechobee County and/or adjacent municipalities. This shall include distributing a copy of relevant proposed plan amendments to adjacent local governments. Policy 2.5: The City of Okeechobee shall, at least annually, implement the procedures established in Policy 2.4. If any issues or negative impacts are identified, the City shall implement Policy 2.1. Policy 2.6: The City shall periodically review applications to Okeechobee County for zoning changes, major development orders, or proposed County Future Land Use Map Amendments falling within the City of Okeechobee Planning Area, to ensure consistency with the City of Okeechobee's Comprehensive Plan. Objective 3: The City of Okeechobee shall continue to coordinate with FDOT and the Okeechobee Utility Authority, where appropriate, any change in established level of service standards for public facilities including, at a minimum, al110- City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 intergovernmental Coordination Element 2 year updates of the Okeechobee County Comprehensive Plan, and 5-year updates to the Okeechobee County Long -Range Transportation Plan. Policy 3.1: The City of Okeechobee shall coordinate establishing and changing roadway level of service standards with FDOT and shall inform Okeechobee County and any other appropriate governmental entities within the Okeechobee Planning Area of proposed changes in any level of service standards. Policy 3.2: The City of Okeechobee shall, when notified by other governmental entities of changes in their level of service standards, review and comment on these changes. Objective 4: The City shall continue to coordinate its Comprehensive Plan with the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins. Coordination shall take place annually and as new development is proposed in areas where the two Plans overlap. Policy 4.1: Comprehensive Plans and Resource Management Plan coordination shall take place to the extent that coordination is consistent with the principle that local governments and landowners alone should not be forced to bear public burdens which, in all fairness and justice, should be borne by the public as a whole, and would not result in inverse condemnation. Policy 4.2: The City shall continue to coordinate with the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins through the adoption of other objectives and policies contained in this element and the mutual exchange of information pertaining to development review so that the City may ensure that direct and irreversible impacts on environmental sensitive areas are minimized. Policy 4.3: By 2002, the City shall coordinate its Comprehensive Plan with the Resource Management Plan to address drainage problems in the Lower Kissimmee River and Taylor Creek Drainage Basin regions. Objective 5: The City of Okeechobee shall cooperate in an effort with the School Board to ensure that the planning activities, services and facilities of the School Board are consistent with the City's Comprehensive Plan. Policy 5.1: The City of Okeechobee shall exchange data with the School Board regarding population projections and the School Board (5-year) facility plans as such data or plans are updated. Policy 5.2: The City of Okeechobee shall coordinate major residential project reviews (pursuant to Chapters 163 and 235, Florida Statutes) to consider joint park/schools dedications to meet future demands. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Intergovernmental Coordination Element 3 Policy 5.3: The City of Okeechobee and the School Board shall coordinate in their joint efforts to study and implement innovative methods, including park/school site dedications and contributions, as a means to address infrastructure needs associated with the City's growth. Policy 5A The City of Okeechobee shall provide input for the School Board in development projects potentially affecting the potential locations of new schools. Policy 5.5: The City of Okeechobee shall actively work toward developing and implementing a(n) interlocal agreement(s) with the School Board for the coordination of locating new schools and expanding or redeveloping existing school facilities. The School Board shall be encouraged to locate new educational facilities near urban residential areas where public infrastructure and services exist to support the new facilities. Policy 5.6: The City of Okeechobee shall advise and meet with the School Board as necessary, regarding all Plan amendments and proposed annexations that may affect school sites. Policy 5.7: The City of Okeechobee shall coordinate with the School Board regarding shared use of recreational facilities owned by either entity. In addition, the City shall consider all reasonable opportunities to collocate new parks, libraries, and other facilities with public schools. Policy 5.8: The City of Okeechobee, although not currently impacted, shall enter into any appropriate agreement with the State of Florida University System or the School Board implementing the requirements of Section 240.155 (11-15), F.S., regarding campus master plans. A consistency review of the campus master plans for non -state post -secondary institutions shall also be considered where a "campus" exists or is planned. Objective 6: The City of Okeechobee shall establish, maintain, and improve intergovernmental coordination for collaborative planning efforts including joint or extra -territorial services, changes to service or corporate limits, any joint committees for review of locally unwanted land uses, and regulatory concerns to ensure consistency with the Comprehensive Plan. Policy 6.1: The City shall encourage annexation of land where service delivery systems are available, where the formation of enclaves may be prevented, and where the land is adjacent to and consistent with the incorporated land's Comprehensive Plan. Policy 6.2: The City shall require infrastructure services to be available to proposed annexation areas at the adopted level of service consistent with the City's Comprehensive Plan. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Intergovernmental Coordination Element 4 Policy 6.3: The City of Okeechobee shall coordinate with other jurisdictions, as appropriate, to establish a joint planning process and delineate the direction and extent of annexation for the planning period. Policy 6.4: The City of Okeechobee shall notify the appropriate enforcement agencies of any regulatory violations of which it becomes aware, and shall cooperate with those agencies in enforcing regulations. Policy 6.5: The City shall inform the County in a timely manner of proposed annexations. The City shall notify jurisdictions other than the County of proposed annexations when the affected area is within approximately one mile of the other jurisdictions' limits. Policy 6.6: The City shall draft a map of potential annexation areas, showing those areas first being considered for annexation, and the land uses envisioned to be assigned to these areas. The City shall distribute this map to the School Board, the County, and any other governmental entities to be impacted by these annexations. Policy 6.7: By 2002, the City shall review interlocal agreements with the Okeechobee Utility Authority (OUA) for central potable water and sanitary sewer facilities and services in terms of extending that agreement for another 10-year period. Policy 6.8: The City shall coordinate with neighboring municipalities, if applicable, to ensure that each one has a copy of a map delineating the utility service planning area for their community for the planning period. Each municipality shall, annually thereafter, discuss the potential need for reassessing utility service area lines, if relevant, and share any official service area map updates. Each municipality shall also provide any official utility service planning area map updates to the County in order to ensure coordination for County utility and land planning. Policy 6.9: The City shall coordinate with the County regarding the use of the Okeechobee County Landfill relative to recycling and reduction of total wastes by weight. Objective 7: The City shall, upon adoption of this objective, coordinate the Comprehensive Plan with the School Board Five -Year Facilities Plan. Policy 7.1: Until such time as interlocal agreement is adopted by the City and the School Board, in accordance with the requirements of Chapter 163, Part H and Chapter 235, Florida Statutes, the following procedure shall be used to ensure intergovernmental coordination with the School Board for the location of educational facilities within the City: City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Intergovernmental Coordination Element 5 (a) Upon receipt of a written notice from the School Board informing the City of the acquisition or leasing of property to be used for new public educational facilities, the City shall notify the School Board within sixty (60) days as to the consistency of the site with the Comprehensive Plan; and (b) Subsequent to a request by the School Board for a Comprehensive Plan determination, the City shall determine the consistency with the Comprehensive Plan of any proposed educational capital improvement projects. Policy 7.2: Until such time as an interlocal agreement is adopted by the City and the School Board in accordance with the requirements of Chapter 163, Part H and Chapter 235, Florida Statutes, the following procedure shall govern the collaborative planning program and decision making concerning population projections and public school siting between the City and the School Board: (a) Upon receipt of the annual report specified in Chapter 235, Florida Statutes, whereby the School Board would notify the City of any additions to the School Board's Five -Year School Facilities Plan, the City shall respond to the receipt of said plan in accordance with Policy 7.1 of the Comprehensive Plan; and (b) The City shall coordinate population estimates and projections with the School Board as part of the review of the Five -Year School Facilities Plan. Policy 7.3: In order to address the extension of public facilities to existing or new schools, subject to concurrency, all expansions or new construction of public, charter and private schools shall be subject to site and development plan review and approval. Policy 7A In order to coordinate the effective provision and siting of educational facilities with associated infrastructure and services within the City, representatives of the City and the School Board shall meet by the end of the year 2000 to develop mechanisms for coordination of educational facilities planning. Policy 7.5: The City shall focus on the following coordinating mechanisms when discussing the interlocal agreement, required by Chapter 163, Part H and Chapter 235, Florida Statues, with the School Board: (a) Coordinate the review of the annual update of the Capital Improvements Element of the City and the annual educational facilities report and Five -Year School Facilities Plan of the School Board; City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Intergovernmental Coordination Element 6 (b) Coordinate the review and assessment of the associated costs and expenditures of siting and developing schools with needed public infrastructure; (c) Coordinate the review of land uses that increase residential density; (d) Use a unified data base, including population forecasts (student population), land use, and facilities; and (e) Use recreational and physical plant facilities in a manner which fosters the coordination of use of the facilities consistent with their multi -function design. Policy 7.6: The City of Okeechobee shall use the Central Florida Regional Planning Council's dispute resolution process when necessary to mediate the resolution of conflicts with other local governments and regional agencies. The City may use alternative procedures whenever appropriate for the matter of imminent dispute, including agreements authorized by Section 163.3177, F.S., or other non judicial approaches. Policy 7.7: The City of Okeechobee shall maintain, as a particular area of attention in its planning program, a systematic review of the aesthetics and physical conditions between its boundary and those between unincorporated areas and other cities in an effort to improve the appearance of these areas and the compatibility and transition between the adjoining communities. Joint planning area agreements will be implemented if appropriate. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Intergovernmental Coordination Element 7 • 0 Capital Improvements Element Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: The City of Okeechobee v411-shall continue to ensure that public facilities and services are provided, on a fair -share costs basis, in a manner which maximizes the use of existing facilities and promotes orderly growth. Objective 1: The City of Okeechobee shall continue to use the Capital Improvements Element to schedule construction and identify use sources for the City's capital facility needs in order, to accommodate existing and future development, and to replace obsolete or worn-out facilities. Policy 1.1: Proposed capital improvements projects YA11-shall continue to be ranked and evaluated according to appropriate policies adopted in other elements of the Comprehensive Plan. The following criteria will also be considered: (1) whether the proposed project will eliminate a public hazard; (2) whether the proposed project will eliminate capacity deficits; (3) local budget impacts; (4) locational needs based on projected growth patterns; (5) accommodation of new development or redevelopment; (6) financial feasibility; and (7) plans of state agencies or water management districts that provide facilities in Okeechobee. Policy 1.2: Beginning vAth fiseal Y-eaF 1991 92-,4--The City of Okeechobee wi1-shall continue to integrate its planning and budgeting processes such that expenditures which are budgeted for capital improvements recognize policies related to public facilities and services set forth in the Comprehensive Plan. Policy 1.3: In accordance with Policy 7.1 of the Sanitary Sewer... Element, the City will esfigeAe funding seufees f - shall complete a stormwater management study to identify drainage deficiencies, and allocate any available funds for that purpose in its Administrative Operating Budget for fiscal year 1 2000-2001. The 5-Year Schedule of Capital Improvements will be amended as soon as possible to include the study, its projected cost, and the identified revenue source(s). Policy 1.4: The City of Okeechobee shall identify its needs for public facility improvements, the revenues required for Droiect f indins. and shall itemize the costs for such Droiects in its 5-Year Schedule of CaDital ImDrovements. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Capital Improvements Element 1 • 0 Objective 2: The City of Okeechobee shall continue to coordinate land use decisions with the schedule of capital improvements in a manner that maintains the adopted level of service standards and meets existing and future needs. Policy 2.1: The City of Okeechobee -shall continue to use the following level of service standards in reviewing the impacts of new development and redevelopment: Facility Sewer Water Waste Arterials Arterials & All Others Level of Service 130 gallons/capita/day (see Policy_ 1.6 of Sanitary Sewer, Solid Waste. Drainage, Potable Water, and Natural Groundwater Aa_uifer Recharge Element) 114 gallons/capita/day (see Policy 1.6 of Sanitary Sewer. Solid Waste, Drainage, Potable Water, and Natural Groundwater Aa_uifer Recharge Element) Average Solid Waste Generation • 13lbs./person/day • at least 13 years available capacity in Okeechobee County landfill (see Policy 1.4 of Sanitary Sewer.. Element) C FC reation and Open Space 13 acres/1,000 persons inage Interim Standard (see Policy 1.5 of Sanitary Sewer... Element) Design Storm • 25-year storm • 24-hour duration Facility Design Standards • as required by Florida Administrative Code (see Policy 1.5 of Sanitary Sewer... Element) Policy 2.2: Development orders and permits v4H-shall be granted only when required public facilities and services are operating at the established levels of service, City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Capital Improvements Element 2 or shall be available concurrent with the impacts of the development. Such facilities and services may be provided in phases if development correspondingly occurs in phases; however, required service levels must be maintained at all times during the development process. Objective 3: In order to maintain adopted level of service standards, future development *411-shall bear a proportionate costs of necessary public facility improvements equivalent to the benefits it receives from the improvements. Policy 3.1: The City of Okeechobee vAR-shall continue to evaluate potential revenue available for public facility expenditures through alternative sources such as user fees, special benefit units, or special assessments. Policy 3.2: The City of Okeechobee vA11-shall continue to maintain adopted levels of service by using revenue sources considered under Policy 3.1 to ensure that new development pays a pro rata share of the costs of public facility needs which it generates. Policy 3.3: The City of Okeechobee YAK -shall continue to continue to apply for and secure grants or private funds when available to finance the provision of capital improvements. Objective 4: The City of Okeechobee v11-shall continue to ensure the provision of needed public facilities within the City limits, based on adopted levels of service as set forth in the Comprehensive Plan. Public facilities needs %44 shall be determined on the basis of previously issued development orders as well as the City's budgeting process and its joint activities with Okeechobee County for dic-planning, zoning, and concurrency management. Policy 4.1: Existing and future public facilities vv&shall operate at the levels of service established in this plan. Policy 4.2: Debt service shall not exceed 20% of annually budgeted revenues. Policy 4.3: A five-year capital improvements program and annual capital budget wi11 shall be adopted as part of the City of Okeechobee's annual budgeting process. This program w&shall include the annual review, and revision as needed, of the Five -Year Schedule of Capital Improvements. Obiective 5:, The Citv of Okeechobee shall furnish meaningful onnortunities for the School Board to have input and coordination in the Citv's development review process in order to assist the School Board in their provision of adequate and efficient schools. City of Okeechobee EAR -based Comprehensive Plan Amendments Capital Improvements Element 3 Adopted: March 19, 1991 Date: April 10, 2000 • • Policy 5.1: The City of Okeechobee and the School Board shall coordinate to ensure that schools are adequately and efficiently Drovided commensurate with growth. Key coordinating mechanisms shall include: (a) vromotion of ioint infrastructure Dark/school facilities when feasible (b) consideration of the adequacy and availability of educational infrastructure during aDDroDriate review of development order aDDlications: U ensuring the Drovision of adequate infrastructure. on and off site. normally associated with new or exDanded schools where consistent with state law restrictions on expenditures by the School Board: consideration of future inclusion of the School Board's Educational Plant Survey and Cavital ImDrovement Program in the Comprehensive Plan Technical Support Documents (Data and Analysis) to Drovide the Dublic with accessible information and effective coordination regarding educational infrastructure. (e) seeking that any new maior residential development or redevelopment aDDlicant submit information regarding Droiected school enrollments from the Droiect: and fD request that the School Board submit site plan information for all, timely new schools. City of Okeechobee EAR -based Comprehensive Plan Amendments Capital Improvements Element 4 Adopted: March 19, 1991 Date: April 10, 2000 • • Capital Improvements Implementation City of Okeechobee Comprehensive Plan M..reh 191992 Capital improvement needs identified in the Comprehensive Plan will be met through implementation of a 5-Year Schedule of Capital Improvements. This schedule is adopted by the City Council along with Goals, Objectives and Policies, and must be consistent with the Capital Improvements Element. The purpose of the Schedule is to ensure that the City has adequate revenues to implement the Comprehensive Plan. There are no existing deficiencies in the City of Okeechobee, although projections indicate that there will be a need for additional water and wastewater treatment capacity by 499-2005. Future studies may be conducted as a result of the Comprehensive Plan, which could identify capital improvement needs which are not currently apparent. Until these studies are completed, however, it is not possible to determine the impact of future needs for capital improvements. The 5-Year Schedule of Capital Improvements focuses on the capital outlay required to meet existing deficiencies and to maintain adopted level of service standards planned for public facilities in the Plan. The following table summarizes the City of Okeechobee's capital improvements needs. 5-Year Schedule of Capital Improvements: 1990/91 thm gh 199 5 2000/01 to Project Schedule Location Projected Revenue Consist Cost Source Comprehensive Plan ater Treatment ' °� Existing Plant $5 million Revenue Policy 1.1, ant Expansion 2002-03, Site Bonds Sanitary Sewer, Solid Waste, Drainage, Potable astewater 4 Existing Plant $5 million Revenue Water, and Natural eatment Plant I2003-04 Site Bonds Grounds .pansion Aquifer Element Source: Central Florida Regional Planning Council Recharge City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Capital Improvements Element 5 Comprehensive Plan Monitoring City of Okeechobee Comprehensive Plan r,r.. reh 19, 1992 The City of Okeechobee will monitor and evaluate its Comprehensive Plan through an Evaluation and Appraisal Report. The preparation of the report shall be consistent with the procedures outlined in Rule 9J-5.005(7), Florida Administrative Code, and Chapter 163.3191, Florida Statutes. Once the Comprehensive Plan is adopted, the Evaluation and Appraisal Report shall be prepared every five years. The City Council as the designated Local Planning Agency shall orchestrate Comprehensive Plan monitoring. The first report shall be completed in 1996, 2005, and shall achieve the following functions: A. Citizen Participation Before the Evaluation and Appraisal Report is submitted to the Department of Community Affairs, a public hearing shall be held to present the document to the citizens of the City of Okeechobee. The public hearing shall be held by the designated or contracted Planning Agency and the City Council. The public hearing shall be advertised and copies of the report shall be on display at City Hall at least one week prior to the public hearing. B. Updating Data and Analysis and Measurable Objectives Appropriate baseline data, such as the decennial United States Census, shall be updated in the Evaluation and Appraisal Report. Major changes in the magnitude and distribution of land use information shall be presented and analyzed. C. Review of Planning Effectiveness The Evaluation and Appraisal Report shall review the effectiveness of the Comprehensive Plan, describing the degree to which the goals, objectives and policies have successfully been attained. Obstacles or problems with implementation shall be identified. D. Identification of Future Planning Concerns The Evaluation and Appraisal Report shall contain new or modified goals, objectives and policies that correct deficiencies identified in the evaluation process. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Comprehensive Plan Monitoring 1 Concurrency Management System City of Okeechobee Comprehensive Plan Overview of the Concurrency Management System Section 9J-5.0055, F.A.C., requires local governments to prepare and adopt a Concurrency Management System (CMS) as a mechanism to assist in the implementation of the goals, objectives, and policies of the Comprehensive Plan. The purpose of the CMS is to ensure that facilities and services needed to support development will be available concurrent with the impacts of such development. Prior to the issuance of a development order and development permits, the CMS must ensure that the adopted level of service standards required for the following facilities will be maintained: (a) Roads (b) Potable Water (c) Sanitary Sewer (d) Solid Waste (e) Drainage (f) Parks and Recreation The CMS maintains a record of the existing levels of service and the expected impacts resulting from proposed development, facility expansions, and other factors affecting the level of service for a public facility. of et up en adeptien of the G,..-.__, heasiye Plan. Requirements for Concurrency Upon adoption of this Comprehensive Plan, the City of Okeechobee requires that all development meet the requirements of concurrency, except for those developments that have been issued a development order or development permit by the City prior to this plan's adoption. The following standards meet the requirements for concurrency, as established in Section 9J-5.0055(2), F.A.C.: Minimum Requirements. The City's concurrency management system will ensure that public facilities and services needed to support development are available concurrent with the impacts of such development, and will address the following items: (a) For potable water, sewer, solid waste, and drainage, at a minimum, provisions in this Comprehensive Plan ensure that he following standards will satisfy the concurrency requirement: City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Concurrency Management System 1 (1) The necessary facilities and services are in place at the time a development permit is issued; or (2) A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur; or (3) The necessary facilities are under construction at the time a permit is issued; or (4) The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of Section 9J-5.0055(2)(a)l - (2)(a)3, F.A.C. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. The agreement must guarantee th at the necessary facilities and services will be in place when the impacts of the development occur. (b) For parks and recreation, the City of Okeechobee may satisfy the concurrency requirements by complying with the standards in Sections 9J-5.0055(2)(a)l - (2)(a)4, F.A.C., or by complying with comprehensive plan provisions that ensure that the following standards will be met: (1) At the time a development permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of the required facilities or the provision of services within one year of the issuance of the development permit; or (2) The necessary facilities and services are guaranteed in an enforceable development agreement which required the commencement of the actual construction of the facilities or the provision of services within one year of the issuance of the applicable development permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. (c) For roads designated in the adopted plan, the City of Okeechobee may satisfy the concurrency requirement by complying with the standards in Sections 9J-5.0055(2)(a)l - (2)(a)4 and Sections 9J-5.0055(2)(b)a and (2)(b)2, F.A.C. In addition, in areas in which the City of Okeechobee has committed to provide the necessary public facilities and services in accordance with its five-year schedule of capital improvements, the city may satisfy the concurrency requirement for roads by the adoption and implementation of a concurrency management system based upon and adequate capital improvements program and schedule and adequate implementing regulations which, at a minimum, include the following provisions: 1. A capital improvements element and a five-year schedule of , capital improvements which, in addition to meeting all of the other statutory and rule requirements, must City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Concurrency Management System 2 be financially feasible. The capital improvements element and schedule of capital improvements may recognize and include transportation projects included in the first three years of the applicable, adopted Florida Department of Transportation five-year work program. 2. A five-year schedule of capital improvements which must include both necessary facilities to maintain the adopted level of service standards to serve the new development proposed to be permitted and the necessary facilities required to eliminate those portions of existing deficiencies which are a priority to be eliminated during the five-year period under the local government plan's schedule of capital improvements, pursuant to Section 9J-5.016(4)(a)l, F.A.C. 3. A realistic, financially feasible- funding system based an currently available revenue sources which must be adequate to fund the public facilities required to serve the development authorized by the development order and development permit, and which public facilities are included in the five-year schedule of capital improvements. 4. A five-year schedule of capital improvements which must include the estimated date of commencement of actual construction and the estimated date of project completion. 5. A five-year schedule of capital improvements which must demonstrate that the actual construction of the road and the provision of services are scheduled to commence in or before the third year of the five-year schedule of capital improvements. 6. A provision that a plan amendment would be required to eliminate, defer or delay construction of any road which is needed to maintain the adopted level of service standard and which is listed in the five-year schedule of improvements. 7. A requirement that, in conjunction with the Capital Improvements Element, the city ensures that development orders and permits arc issued in a manner that will assure that the accessary public facilities and services will be available to accommodate the impact of that development 8. A provision that a monitoring system will be adopted which enables the city to determine whether it is adhering to the adopted level of service standards and its schedule of capital improvements and that the city has a demonstrated capability of monitoring the availability of public facilities and services. 9. A clear designation within the City of Okeechobee Comprehensive Plan of those areas within which facilities and services will be provided by the city with public funds in accordance with the five-year capital improvements schedule. (d) In determining the availability of public facilities or services, a developer may propose, and the City of Okeechobee may approve, developments in stages or phases so that public City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Concurrency Management System 3 C� • facilities and services needed for each phase will be available in accordance with the standards required by Sections 9J-5.0055(2)(a), (2)(b) and (2)(c), F.A.C. (e) For the requirements of Sections 9J-5.0055(2)(a), (2)(b) and (2)(c), F.A.C., the City of Okeechobee must develop guidelines for interpreting and applying level of service standards to applications for development orders and permits and determining when the test for concurrency must be met. 'Me latest point in the application process for the determination of concurrency is prior to the approval of an application for a development order or permit which contains a specific plan for development, including the densities and intensities of the development. Issuance of Development Orders or Permits The CMS will ensure that all development can meet the requirements for concurrency prior to the issuance of a local development Order Or Permit. All applicants for development orders or permits will be required to provide all information deemed necessary by the city so that the impacts of the proposed development may be assessed accurately. Once the city has determined that a proposed development meets the requirements for concurrency, and has issued a city development order or permit, the city will not revoke that development order or permit because of a subsequent facility capacity deficiency unless the proposed development would cause unhealthy or unsafe conditions, or unless the proposed development was issued a development Order or permit under erroneous information supplied by the proposed developer, or unless the proposed developer fails to meet the conditions of approval of the development order or permit once construction has begun. In this latter situation, certificates of occupancy may also be denied. The City will establish expiration dates for development orders, development permits, and for the reserved capacity of public facilities allocated to specific development orders or permits as required by concurrency. The City of Okeechobee will annually determine the available capacity for public facilities for which the city has operational or maintenance responsibility, and for state and federal roads. Owners or operators of public facilities not operated, maintained or owned by the city will supply the city with available capacity information annually, or as otherwise reasonable depending on development activity that requires the use of such facility. Applicable Goal, Objective and Policy Statements Supporting Concurrency The following are policy statements of the City of Okeechobee Comprehensive Plan which establish the basis for the CMS. These policies address the requirements for concurrency and the establishment of levels of service. Other policies address mechanisms by which capital improvements necessary to maintain concurrency may be funded. City of Okeechobee EAR -based Comprehensive Plan Amendments Concurrency Management System 4 Adopted: March 19, 1991 Date: April 10, 2000 Future Land Use Element Policy 1.1: Approval of development proposals will be conditioned on tile availability of facilities and services necessary to serve the proposed development and that the facilities meet adopted level of service standards [93-5.006(3)(c)3]. Policy 1.2: The City of Okeechobee will ensure that needed public facilities will be in place prior to or concurrent with new development through implementation of a Concurrency Management System [9J-5.006(3)(c)3]. Traffic Circulation Element Policy 4.3: As part of its Concurrency Management System, the city will notify FDOT when any proposed development would reduce levels of service on US 441 and SR 70 below adopted minimums (9J-5.007(3)(c)1]. Policy 7.1: Minimum peak hour operating levels of service for the City of Okeechobee shall be consistent with those set forth in the Florida Highway System Plan, Level of Service Standards and Guidelines Manual as outlined below [9J- 5.007(3)(c)l]: Facility Type Principal Arterials Minor Arterials 11 Other Roadways Rural/Urban With Population Less Than 50,000 C D D Policy 7.2: The city's Concurrency Management System will use minimum level of service standards adopted in Policy 7.1 in assessing whether the transportation impacts of proposed new developments are acceptable [9J- 5,007(3)(c) l ]. Sanitary Sewer Solid Waste, Drainage, Potable Water and Natural Groundwater Aquifer Recharge Element Policy 1.1: The City of Okeechobee -shall adopt the following minimum level of service standards to be used to determine the availability of facility capacity and the demand generated by development (91-5.011(2)(c)2]: FACILITY anitary Sewer LEVEL OF SERVICE Average Sewer Demand of User Population • 130 gallons per capita per day City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Concurrency Management System 5 le Water Average Daily Water Demand • 114 gallons per capita per day Waste Disposal Average Solid Waste Generation • 131bs. per capita per day • at least 3 years' capacity available in Okeechobee County landfill tormwater Interim Standard (See Policy 1.5) nt Design Storm • 25-year frequency • 24-hour duration Facility Design Standards • as required in F.A.C. Policy 1.2: The City of Okeechobee v41--shall ensure that all improvements for replacement, expansion, or increase in capacity of facilities vAH-shall be compatible with the adopted level of service standards for that facility (9J- 5.011(2)(c) l ]. Recreation and Open Space Element Policy 3.1: The minimum level of service for recreational lands in the City of Okeechobee shall be 3 acres per 1,000 residents (9J-5.014(3)(c)4]. Intergovernmental Coordination Element Policy 3.1: The City of Okeechobee will encourage and participate in the development of county -wide level of service standards with Okeechobee County and any other municipalities which may be established within the county so as ensure the provision of required public facilities in a uniform manner [9J- 5.015(3)(c)5]. Capital Improvements Element Policy 2.1: The City of Okeechobee will use the following level of service standard reviewing the impacts of new development and redevelopment: FACILITY LEVEL OF SERVICE anitary Sewer 130 gallons/capita/day otable Water 114 gallons/capita/day City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Concurrency Management System 6 Waste ►al Arterials Arterials & All Others tion and Open Space ge Management [9J-5.016(3)(c)4] • 13 lbs./capita/day • at least 3 years' capacity available in Okeechobee County landfill C 3 acres/1,000 persons Interim Standard • 25-year frequency • Facility Design Standards as required in F.A.C. Policy 2.2: Development orders and permits will be granted only when required public facilities and services arc operating at the established levels of service, or will be available concurrent with the impacts of the development. Such facilities and services may be provided in phases if development correspondingly occurs in phases; however, required service levels must be maintained at all times during the development process [9J-5.016(3)(c)6]. Public Facility Capacity and Level of Service Inventory. As part of its CMS, the City of Okeechobee will be responsible for the collection and maintenance of an inventory of all public facilities and services subject to the concurrency requirements of Section 9J-5.0055, F.A.C. The inventory will be based on the most recently available information, and will be used to monitor the adopted level of service standards and to determine public facility capacity. This information will be made available to the public and updated annually by October 1 of each year. The following inventories vv&shall be maintained by the City of Okeechobee in order to evaluate the concurrency requirements of proposed development and expansions to an existing development and to assess existing and future capacity of public facilities and services: Traffic Circulation The City of Okeechobee -shall maintain an inventory of the level of service on road segments within its jurisdiction for which level of service information is available. The existing level of service for these segments will be based on the most recent available traffic count information from the Florida Department of Transportation, Okeechobee County, or other reliable source for each segment. Traffic count data and level of service standards -shall be updated yearly or as new information becomes available. The inventory v11-shall, at a minimum, include the following: City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Concurrency Management System 7 (d) Adopted level of service standards for roadway facilities. (e) Existing capacities and deficiencies on roads for which level of service information is available. (f) Capacity reserved for approved but unbuilt development. (g) The projected reductions in level of service attributable to approved but unbuilt development. (h) Any increase in capacity due to scheduled or recently completed road improvements within the City's jurisdiction which are not reflected in the latest traffic count or level of service information or improvements to be made by other public agencies or in conjunction with approved development. Potable Water An inventory of the City's potable water system shall , at a minimum, include the following: (a) The adopted level of service standard for potable water capacity. (b) Existing design capacity and system deficiencies. (c) Capacity reserved for approved but unbuilt development. (d) The projected reductions in level of service attributable to approved but unbuilt development. (e) Any improvements or expansions made in the current fiscal year to the system by the City or by a developer under conditions set forth in an approved development order, and the impact on existing capacities or deficiencies. Sanitary Sewer An inventory of the City's sanitary sewer system -shall, at a minimum, include the following: (a) The adopted level of service standard for sanitary sewer capacity. (b) Existing design capacity and system deficiencies. (c) Department of Environmental Regulation permitted capacity. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Concurrency Management System 8 (d) Capacity reserved for approved but unbuilt development. (e) The projected reductions in level of service attributable to approved but unbuilt development. (f) Any design improvements or increases in permitted capacity made in the current fiscal year, and the impact on existing capacities or deficiencies. Solid Waste Disposal An inventory of the City's solid waste disposal system shall, at a minimum, include the following; (a) The adopted level of service standard for solid waste disposal. (b) Existing and projected design capacities of all applicable solid waste disposal facilities. (c) The projected life of all applicable solid waste disposal facilities. (d) Capacity reserved for approved but unbuilt development. (e) The projected reductions in level of service attributable to approved but unbuilt development. (f) Any increases in the design capacities of solid waste disposal facilities, and the impact on existing capacities or deficiencies. Drainage An inventory of the City's drainage facilities -shall, at a minimum, include the following: (a) The adopted level of service standard for drainage. (b) The existing level of service measured by storm event, if available. (c) Any existing or proposed drainage improvement that will affect the capacity of the City's drainage facilities. Recreation and Open Space An inventory of the City's's recreational sites and facilities wAII-shall, at a minimum, include the following: City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Concurrency Management System 9 (a) The existing number of acres of recreational land. (b) The adopted level of service standard for recreation. (c) Existing recreation surpluses or deficiencies based on the adopted level of service standard. (d) Capacity reserved for approved but unbuilt development. (e) The projected reductions in level of service attributable to approved but unbuilt development. (fl Any increases in recreational land open to public use in the current fiscal year, and the impact on existing capacities or deficiencies. Concurrency Monitoring System In addition to maintaining an inventory of public facilities and services, the City of Okeechobee will also be responsible for maintaining a record of public facility and service capacities or volumes which are committed for approved developments as a result of development orders issued by the City. If service is provided by an entity other than the City, this will require coordination between the service provider and the City in order to maintain an accounting system which accurately tracks approved developments. Accountability will be established by reserving capacity from the total available capacity for all approved development orders. Once capacity has been reserved for a specific development project, it cannot be reassigned prior to the expiration of that project's development order or permit. Capacity reservations will be renewed yearly in order to be accounted for in the annual budgetary process. Upon the expiration of an approved development order with concurrency standing where development has not taken place, or which the City has determined to have been abandoned by the applicant, the capacity reservation allocated to the proposed development will become void. The previously reserved capacity will then become available to other proposed developments. A priority waiting list will be established for the purpose of allocating this capacity. When determining how much capacity is available for proposed developments, the City will take into account all capacity that has been reserved for approved development orders. Concurrency Assessment The Okeechobee City Council will be responsible for determining whether concurrency will be met when it considers applications for development orders for final site plans and/or final subdivision plans. When reviewing applications for development orders, the Commission or its designee will perform an assessment to determine whether public facilities will be available concurrent with the impacts of the proposed development. A facility inventory, as outlined above, will be used as the basis for establishing existing conditions. The ability of existing public facilities to service new development will be determined based on the following criteria: City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Concurrency Management System 10 • • a) The ability of existing facilities to accommodate the proposed development at the adopted level of service. b) Existing facility deficiencies which will need to be corrected prior to the completion of the proposed development. c) Facility improvements or additions needed to accommodate the impacts of proposed development at the adopted level of service standard. d) The date facility improvements or additions need to be completed in order to maintain the adopted level of service for the public facilities affected by the proposed development. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Concurrency Management System 11 Population Projections City of Okeechobee Comprehensive Plan M.,...,1. 1 A f1991 DeH?egaphicc a 'iAll.,l,n ee a 1+' fi-T::. �we-based PF-8jeefieFI& of !egor% «' i , Apr-! ' vmr-e prepa}ed-fef A,.p:::1, 1990, • IFETITH IT • - Not . • _ • • , ttiat 1 q E the City i nnn J1Ko C. tY of Okeeehebee- 499-�4,42-3 Zow 514"� City of Okeechobee EAR -based Comprehensive Plan Amendments Population Projections 4 99 4-94 30e T k ;,2 Adopted: March 19, 1991 Date: April 10, 2000 • • The Dopulation of the City of Okeechobee increased by aDDroximately 1.4% annually since 1970, as shown in Table 1. US Census figures showed a Dopulation of 3.715 in 1970, while the 1990 Dopulation was estimated to be 4,770. As the Droiected Dopulation figures suggest, substantial amounts of land was needed for future growth. Year 1970 1980 1990 1995 2000 Source: Table 1 Population Growth -Okeechobee 1970-2000 Permanent Population 3,715 4,225 4,770 4,923 5,086 Proiection of Population Households a Average Yearly Growth 1.4% 1.3% 0.6% 0.7% nd Income in Central Florida, Florida Applied Demographics, February 1990. According to updated census information, the Dopulation of the City of Okeechobee was 4,943 in 1990. The estimated Dopulation in 1995 was 5,069. Between the 1980 and 1990 Census, the Dopulation of the City increased by 17%. Table 2 below shows Droiected Dopulation figures to 2010. Table 2 Estimated and Proiected Population: 1990-2010 Year Population 1990 4,943 1995 5,069 2000 5,168 2005 5,271 2010 5,361 Source: Bureau of Economic and Business Research, University of Florida. AD_ ril, 1998: Population by Age. Preliminary Estimates and Proiections. The Droiected Dopulation (Table 1) versus the actual Dopulation (Table 2) was rather accurate, when compared to the 1990 U.S. Census data. The Droiected Dopulation in 1990 showed a Dopulation of 4,770. The actual Dopulation was 4,943. A deviation of 173 DeoDle is insignificant. Based on the Droiected Dopulation and its use in determining the required acreage needed to accommodate the existing and anticipated population, there were no Droblems with the allocation of land to meet the demonstrated needs of the City. Plan obiectives that were not reached had more to do with the lack of resources. Overall the City was in a good position to meet the needs of its population. Furthermore, Table 2 (updated) is based upon the medium range Dopulation Droiections provided by BEBR. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Population Projections 2 r Comprehensive Plan Public Participation Procedures City of Okeechobee Comprehensive Plan Mar -eh 191ant LEGAL REQUIREMENTS Chapter 163.3181, Florida Statutes, as amended, and Chapter 9J-5, Florida Administrative Code, require the local governing body and designated or contracted local planning agency to adopt procedures to provide for and encourage public participation in the comprehensive planning process. These procedures must include: 1. Provisions to notify real property owners of official actions that will affect the use of their property. 2. Provisions to keep the general public informed throughout the planning process. 3. Provisions to assure that the public has opportunities to provide written comments. 4. Provisions to assure that required public hearings are held. 5. Provisions to assure the consideration of and response to public comments. AGENCIES AND THEIR ROLES In most jurisdictions, two separate entities are involved in providing the Comprehensive Plan. Their respective roles can be summarized as follows: Local Planning Agency The Local Planning Agency (LPA) is established by ordinance or contracted by the local governing body. It has the responsibility to propose changes or review proposed changes to ordinances and plans related to land use and comprehensive planning, and make recommendations to the City Council. The general duties and responsibilities of the LPA are: 1. To prepare the Comprehensive Plan and make recommendations to the local governing body regarding the adoption of the amendment to the Plan; 2. To conduct a public hearing prior to the recommendation of the local governing body for the adoption or amendment of the Comprehensive Plan or any element of the Plan; City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Public Participation Procedures 1 r� U • 3. To monitor and oversee the effectiveness and status of the Comprehensive Plan and make recommendations to the local governing body for any changes to the Plan which may be required; 4. To evaluate and appraise the Comprehensive Plan and prepare reports as required by Chapter 163.3191, Florida Statutes; 5. To review amendments to the land development regulations, which implement the Comprehensive Plan and make recommendations to the local governing body as to the consistency of the proposal with the adopted Comprehensive Plan; and 6. To perform any other functions, duties and responsibilities assigned by the local governing body. Ordinarily, a planning and zoning board or commission serves as Local Planning Agency for the jurisdiction. However, as the City of Okeechobee has no such board, the legal status of Local Planning Agency is held by City Council, although some of the LPA's review functions during the comprehensive planning process have been carried out by an ad hoc Citizens Advisory Committee. Local Governing Body The Okeechobee City Council has the legislative responsibility for the adoption of the Comprehensive Plan. The general duties and responsibilities of the local governing body as they relate to the comprehensive planning program are: To adopt and amend the Comprehensive Plan; 2. To conduct a minimum of two (2) public hearings prior to the adoption or amendment of the Comprehensive Plan or any element of the plan; 3. To appropriate funds for salaries, fees, and expenses necessary to produce the Comprehensive Plan; 4. To approve and submit the approved Evaluation and Appraisal Report to the Florida Department of Community Affairs as required by Chapter 163.3191, Florida Statutes; and To adopt land development regulations, land development codes, and amendments thereto that are consistent with the adopted Comprehensive Plan. PUBLIC PARTICIPATION PROCEDURE To ensure that the public has adequate opportunities to participate in the comprehensive planning process, the following procedures have been adopted: City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Public Participation Procedures 2 The Local Planning Agency will hold public workshops or meetings to solicit the views, opinions, ideas, and concerns of the public in relation to the Comprehensive Plan. 2. The Local Planning Agency will hold a minimum of one (1) public hearing for the purpose of receiving public comments prior to recommending the adoption of the Comprehensive plan or any element or portion thereof. 3. The Local Governing Body will hold a minimum of two (2) public hearings prior to the adoption of the Comprehensive Plan or element or portion thereof. 4. As they are scheduled, public workshops, meetings, and hearings will be advertised in a local newspaper of general circulation, and by posting of a notice at City Hall. Notices will include the date, time, place, and purpose of the meeting, workshop or hearing. 5. The public may submit written comments about the comprehensive plan or element or portion thereof to the chairman of the Local Planning Agency c/o City Hall. All verbal and written comments will be recorded and duly considered prior to the adoption of the Comprehensive Plan or element or portion thereof. 6. As they become available, summaries of Comprehensive Plan documents will be available for public inspection at the office of the City Clerk during normal business hours. These procedures shall be forwarded during consideration of all amendments to the Comprehensive Plan and preparation of evaluation and appraisal reports. City of Okeechobee EAR -based Comprehensive Plan Amendments Public Participation Procedures Adopted: March 19, 1991 Date: April 10, 2000 E • Consistency with the State Comprehensive Plan City of Okeechobee Comprehensive Plan M..reh 191991 The City of Okeechobee's Comprehensive Plan is consistent with and furthers the goals and policies of the State of Florida Comprehensive Plan, Chapter 187, Florida Statutes. The following table illustrates those State Comprehensive Plan goals and policies that are addressed in the Comprehensive Plan. Comprehensive Plan Consistency with State Comprehensive Plan Resources atural Systems & ecreational Lands State Comprehensive Plan Policies )1: Estimates of housing discrimination )2: Promoting deinstitutionalization )3: Increasing supply of low/moderate income I )4: Eliminate unnecessary regulation )1: Ensure quality of drinking water supplies )2: Protect functions of recharge areas City of Okeechobee Comprehensive Plan Policies HO 1.4, 1.5 HO 5.1 HO 1.2, 1.4, 4.1, 4 HO 1.2, 1.3 LU 2.2, 5.3 CO 2.2 SS 9.1, 9.2 SS 9.1 )5: Ensure compatibility of development with ISS CO 2.2 :er supplies 1.1, 1.2, 1.5, 4.1 8(b)8: Encourage floodplain management 8(b)9: Protect aquifers from depletion or contamination I8(b)10: Protect surface & groundwater quality/quantity 18(b)11: Promote water conservation 10(b)1: Conserve natural resources 10(b)2: Provide public lands for recreation/ conservation 10(b)3: Protection of endangered species City of Okeechobee EAR -based Comprehensive Plan Amendments Consistency with State Comprehensive Plan 1 U 1.4, 2.2 S 6.1 LU 2.2, 5.3 CO 2.1, 2.2 SS 9.1 CO 2.3, 2.4 SS 9.1 IS 8.1, 8.2, 8.3 1 CO 3.1, 3.2, 4.2, 5.1 RO 2.1, 2.2 �CO3.2,4.2,5.1 Adopted: March 19, 1991 Date: April 10, 2000 10(b)7: Protect/restore wetlands ICO 5.1 10(b)11: Provide recreation opportunities in RO 1.1, 1.2, 2.1 urban areas 10(b)13: Encourage use of public/private funding RO 2.2, 5.1 for recreation Quality 11(b)2: Ensure optimum air quality in new CO 1.1 developments �ardous & Non- 13(b)10: Encourage coordination of ICO 5.2 rdous Materials intergovernmental waste management efforts d Use Promote efficient urban development LU 1.1, 1.2 I16(b)1: patterns 16(b)3: Encourage mixed use development LU 8.1 lic Facilities 18(b)3: Allocate facility costs on a fair -share CI 3.2 basis 18(b)6: Use innovative financing techniques CI 3.1 18(b)7: Encourage use of capital improvement ICI 4.3 18(b)9: Identify & use stable revenue sources Cl 3.1, 3.3 20(b)6: Promote timely resurfacing/repair of ITC 1.1 20(b)13: Coordinate transportation ITC 3.1, 3.2, 4.2, 4.3I improvements with state, local and regional plans Governmental 21(b)1: Encourage cooperation between & �IG 1.1, 1.3, 2.2, 2.3 fficiency among all levels of government LU = Future Land Use TC = Traffic Circulation HO = Housing SS = Sanitary Sewer, Potable Water, etc. CO = Conservation RO = Recreation & Open Space IG = Intergovernmental Coordination CI = Capital Improvements City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 Consistency with State Comprehensive Plan 2 List of Definitions City of Okeechobee Comprehensive Plan Mane.,. 1 A 1992 Affordable Housing: Housing costs that, on a monthly basis, required rent or mortgage payments of no more than 30% pemeat-of the monthly gross income of a low- to moderate -income family as defined below. Aquifer: A water -bearing stratum of permeable rock, sand, or gravel. Arterial Road: A roadway providing service which is relatively continuous and of relatively high traffic volume, long trip length, and high operating speed. In addition, every United States numbered highway is an arterial road. (§9J-5.003 F.A.C.) Availability or Available: With regard to the provision of facilities and services concurrent with the impacts of development, means that at a minimum, the facilities and services will be provided in accordance with the standards set forth in Rule 9J-5.0055(2), Florida Administrative Code. (§9J-5.003 F.A.C.) Available Capacity of Public Facilities: Unused or unallocated portion of the total capacity of a public facility (i.e., potable water, sanitary sewer or road system) based on current levels of demand, to be considered through the Concurrency Management System for the permitting of new development. Bicycle and Pedestrian Facilities: Any road, path or way which is open to bicycle or foot travel and from which motor vehicles are excluded. Blighted Areas: Developed areas which have deteriorated through neglect or abandonment and which could benefit the community if redeveloped. Building: A structure created to shelter any form of human activity. This may refer to a house, barn, garage, church, hotel, packing house, or similar structure. Buildings may refer to a historically or architecturally -related complex, such as a house., er-jail, or a -barn. Capital Budget: The portion of each local government's budget which reflects capital improvements scheduled for a fiscal year. (§9J-5.003 F.A.C.) Capital Improvements: Physical assets constructed or purchased to provide, improve or replace a public facilities and which are large-scale and high in costs. The cost of a capital improvement is generally nonrecurring and may require multi -year financing. For the purpose of this rule, physical assets which have been identified as existing or projected needs in the individual comprehensive plan elements shall be considered capital improvements. (§9J-5.003 F.A.C.) City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 List of Definitions 1 • Collector Road: A roadway providing service which is of relatively moderate traffic volume, moderate trip length, and moderate operating speed. Collector roads collect and distribute traffic between local roads or arterial roads. (§9J-5.003 F.A.C.) Comprehensive Plan: Any or all local comprehensive plans or elements or portions thereof prepared, adopted, or amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, as amended. (§380.031, F.S.) Concurrency: The necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. (§9J-5.003 F.A.C.) Concurrency Management System: The procedures and/or process that the local government will utilize to assure that development orders and permits are not issued unless the necessary facilities and services are available concurrent with the impacts of development. (§9J-5.003 F.A.C.) Concurrent with the Impacts of Development: Pursuant to §9J-5.0055(2), concurrent with the impacts of development shall be satisfied when: the necessary facilities and services are in place at the time a development permit is issued; or a development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of development occur; or that the necessary facilities are under construction at the time a permit is issued; or that the necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of concurrency as defined. For recreation facilities, concurrency may also be met by adherence to §9J-5.0055(2)(b). For roads, concurrency may also be met by adherence to §9J-5.0055(2)(c). Conservation, Rehabilitation and Demolition of Housing Units: Work efforts undertaken by the City to keep existing dwelling units in a standard condition, repair/renovate units which are in substandard condition, and remove those which cannot be returned to standard condition. Consistency: Comprehensive plans are considered to be consistent with each other when land uses, proposed land uses, and impacts from proposed development are compatible with, or not in conflict with, land uses, proposed land uses or impacts from proposed development in an adjacent city or county. Currently Available Revenue Sources: An existing source and amount of revenue presently available to the local government. It does not include a local government's present intent to increase the future level or amount of a revenue source which is contingent on ratification by public referendum. (§9J-5.003 F.A.C.) Density: The average number of families, persons or dwelling units per unit of land, usually expressed "per acre." "Density Control" is a limitation on the occupancy of land, and is generally implemented through zoning. Specific methods include use restrictions, such as single or multiple family dwellings, minimum lot -size requirements, floor area ratio, setback or yard requirements, minimum house size requirements, lot area requirements, or other City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 List of Definitions 2 • means. "Density Transfer" permits unused allowable densities in one area to be used in another area. The average density over an area or parcel remains constant, but internal variations are allowed. "Net density" refers to number of units per buildable acre of land, excluding supporting facilities such as subdivision road right-of-way, water and wastewater treatment plants, and property owned or used in common by the residents of all development (e.g., clubhouse or golf course). "Gross density" refers to the overall number of units per acre in a development including all supporting facilities. Developer: Any person, including a governmental agency, undertaking any development. (§380.031 F.S.) Development: The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels. The following activities or uses shall be taken to involve "development:" A reconstruction, alteration of the size, or material change in the external appearance of structure on land; a change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land; alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction"; commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land; demolition of a structure; clearing of land as an adjunct of construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land. The following operations or uses shall not be taken to involve "development'; Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way; work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights -of -way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like; work for the maintenance, renewal, improvement, or alteration of any structure if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure; the use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling; the use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products, raising livestock, or for other agricultural purposes; a change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class; a change in the ownership or form of ownership of any parcel or City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 List of Definitions 3 • • structure; the creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land. "Development" as designated in an ordinance, rule, or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of development or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. (§380.04 F.S.) Development Capacity: An element of Concurrency Management System, addressing the ability of public facilities to absorb development that has not been built, or that has not been completely built out, and that therefore has not impacted, or fully impacted, existing public facilities. The availability of public facilities to accommodate future development, in order to maintain an established level of service, will take into account this vested but currently unused or underutilized capacity. Development Order: Any order granting, denying, or granting with conditions an application for a development permit. (§380.031 F.S.) Development Permit: Includes any building permit, zoning permit, plat approval , or rezoning, certification, variance, or other action having the effect of permitting development. §380.031 F.S.) Development of Regional Impact (DRI): The term "development or regional impact," means any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county. Development Site: One or more parcels of land unified under common ownership which constitute the entire area of development shown on a site plan or subdivision plat. Development site must include all land needed for parking, retention areas, internal access roads or driveways, landscaping, and other physical design features needed to serve the proposed development. Direct Site Transfer: Donation of land and/or facilities by a developer to local government for the purpose of providing additional services needed as a result of a proposed development. Drainage Facilities: A system of man-made structures designed to collect, convey, hold, divert or discharge stormwater, and includes stormwater sewers, canals, detention structures, and retention structures. (§9J-5.0033 F.A.C.) Dwelling Unit: A structure or mobile home in which occupants live and eat separately from anyone else, and have direct access to the outside (e.g. to a hallway or street) of the unit. Easement: A right given by the owner of land to another party for specific limited use of that land. For example, a property owner may give or sell an easement on his property to allow utility facilities like power lines or pipelines, or to allow access to another property. A property City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 List of Definitions 4 • • owner may also sell or dedicate to the government the development rights for all or part of a parcel, thereby taking the land open for conservation, recreation, scenic or open space purposes. Endangered and Threatened Wildlife: Animal species listed by the Florida Department of Agriculture and Consumer Services, the Florida Game and Fresh Water Fish Commission, or the United States Fish and Wildlife Service as endangered, threatened, or of special concern. Environmentally Sensitive Areas: Wetlands, floodplains or critical habitat for plant or animal species listed by the Florida Department of Agriculture and Consumer Services, the Florida Game and Fresh Water Fish Commission, or the United States Fish and Wildlife Service as endangered, threatened, or species of special concern. A Critical Habitat means the specific area within a geographic area occupied by plant or animal species listed by these agencies as endangered, threatened, or species of special concern on which are found those physical or biological features essential to the conservation of the species and which may require management considerations or protection. F.A.C.: Florida Administrative Code. Fair -Share Cost Basis: Refers to the provision of public facilities using financing mechanisms which ensure that new development pays a proportionate share of the costs to the city which it generates. Federal Uniform Relocation Act: A Federal statute and regulations which applies to all Federal or federally -assisted activities that involve the acquisition of real property or the displacement of persons, including displacements caused by rehabilitation and demolition activities. The purpose of the Uniform Act is to ensure that owners of real propertyto be acquired for Federal and federally -assisted projects that are treated fairly and consistently... and to ensure that persons displaced as a direct result of Federal or federally -assisted projects are treated fairly, consistently, and equitably so that such persons will not suffer disproportionate injuries as a result of projects designed for the benefit of the public as a whole... (49 CFR Part 24) Foster Care Facility: A facility which houses foster residents and provides a family living environment for the residents, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents and serving either children or adult foster residents. (§9J-5.0033 F.A.C.) Florida Master File: The State's clearinghouse for information on archaeological sites, historical structures, and field surveys for such sites. A combination of both paper and computer files, it is administered by the Bureau of Archaeological Research, Division of Historical Resources, Florida Department of State. F S.: Florida Statutes. City of Okeechobee EAR -based Comprehensive Plan Amendments List of Definitions Adopted: March 19, 1991 5 Date: April 10, 2000 Goal: The long-term end toward which programs or activities are ultimately directed. (§9J-5.0033 F.A.C.) Group Home: A facility which provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents. Adult Congregate Living Facilities comparable in size to group homes are included in this definition. It shall not include rooming or boarding homes, clubs, fraternities, sororities, monasteries or convents, hotels, residential treatment facilities, nursing homes, or emergency shelters. (§9J- 5.0033 F.A.C.) Growth Management Act: Chapter 163, Part H, Florida Statutes, known and cited as the "Local Government Comprehensive Planning and Land Development Regulation Act". Hazardous Waste: Solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infection characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed. (§9J-5.0033 F.A.C.) Historic Resources: Historically significant structures or archeological sites. Historically Significant Housing: See Historically significant structures. Historically Significant Structures: Structures listed on the National Register of Historic Places, the Florida Master Site File, or otherwise designated by official action as historic and worthy of recognition or protection. In -Lieu -of Fees: Fees paid to local governments by a developer to fund the provision of certain facilities or services (i.e., parks, schools) needed as a result of a proposed development. Incompatible Land Uses: Land uses which, if occurring adjacent to one another, have a detrimental effect on one or both of the uses. Infrastructure: Those man-made structures which serve the common needs of the population, such as: sewage disposal systems; potable water systems; potable water wells serving a system; solid waste disposal sites or retention areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways. (§9J-5.0033 F.A.C.) Intensity: A measure of the concentration of activity on land. Frequently confused with density, intensity has a broader though somewhat inexact meaning, referring to levels or degrees of activity in uses such as residential, commercial, industrial, recreation, or parking. For example, a shopping center is a far more intensive use than a convenience store. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 List of Definitions 6 Land Development Regulations: Includes local zoning, subdivision, building, and other regulations controlling the development of land. (§380.031 F.S.) Land Use Compatibility Standards: Criteria to be provided in the Land Development Regulations for determining the compatibility of adjoining land uses or proposed development types. Level of Service (LOS): An indicator of the extent or degree of service provided by, or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility. (§9J-5.0033 F.A.C.) Local Road: A roadway providing service which is of relatively low traffic volume, short average trip length or minimal through traffic movements, and high volume land access for abutting property.(§9J-5.0033 F.A.C.) Low and Moderate Income Families: "Lower income families" as defined under the Section 8 Assisted Housing Program, or families whose annual income does not exceed 80 percent of the median income for the area. The term "families" includes "households". (§9J-5.0033 F.A.C.) Maximum Efficiency of Use: Relative to potable water and sanitary sewer facilities, the degree or quantity of user demand which maximizes utility revenues collected without creating the need for public investment in additional capacity. Minerals: All solid minerals, including clay, gravel, phosphate rock, lime, shells (excluding live shellfish), stone, sand, heavy minerals, and any rare earths, which are contained in the soil or waters of the state. (§9J-5.0033 F.A.C.) Mitigation: A process designed to prevent adverse impact of an activity on natural resources. Mitigation may include the recreation on -site or off -site of natural resources that have been altered or destroyed by development or agricultural activity. Mobile Home: A preconstructed dwelling unit, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, and which is built on a metal frame and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. If manufactured after June 15, 1976, each section must bear a U.S. Department of Housing and Urban Development label certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standards. Mobile homes shall be used for single-family residential purposes only and shall be licensed pursuant to Chapter 320, F.S. In the event a mobile home becomes ineligible for a title certificate under Chapter 319, F.S., it shall no longer be considered a mobile home. City of Okeechobee EAR -based Comprehensive Plan Amendments List of Definitions N Adopted: March 19, 1991 Date: April 10, 2000 National Register of Historic Places: Established by Congress in 1935, the National Register of Historic Places is a listing of culturally significant buildings, structures, objects, sites, and districts in the United States. The listing is maintained by the U.S. Department of Interior. Natural Drainage Features: The naturally occurring features of an area which accommodate the flow of stormwater, such as streams, rivers, lakes and wetlands. (§9J-5.0033 F.A.C.) Natural Groundwater Aquifer Recharge Areas: Geographic areas where the aquifer system is replenished through rainfall. Areas of high aquifer recharge are important for the continuation of potable ground water supplies. Natural Resources: Land, air, surface water, drinking water supplies, fish and their habitats, wildlife and their habitats, biota, and other such resources. Natural Vegetation: Vegetative communities that are native to, and therefore tolerant of, a particular geographic location. Non -Attainment Area: A geographical area in which ambient air quality falls below Federal standards, per the Clean Air Act, as amended, and implementing regulations. Nonconforming Structure: Structure which does not comply with current land use regulations relating to size, setbacks, or building design, but does not meet those standards in effect at the time of construction. A nonconforming structure cannot be rebuilt, replaced or enlarged, except as provided in the land development regulations. The presence of a nonconforming structure on a parcel of land does not allow the reestablishment of a nonconforming use which has been abandoned or eliminated. Nonconforming Use: Land use or activity which is prohibited under the current provisions of the Comprehensive Plan or land development regulations, but complied with those requirements in effect at the time it was established. Such uses may continue indefinitely, except where land development regulations require their elimination. In order to qualify as nonconforming, a use must have been continuous or have followed a regular seasonal pattern of activity without ceasing for a continuous period of longer than six months. Nonconforming uses shall not be expanded, enlarged or increased in any manner, except as provided in the land development regulations. Once a nonconforming use is abandoned or eliminated, associated land or structures shall be used only in accordance with the adopted Comprehensive Plan and current requirements of the land development regulations. Objective: A specific, measurable, intermediate end that is achievable and marks progress toward a goal. (§9J-5.0033 F.A.C.) 100-Year Flood Elevation: Maximum elevation of floodwaters generated by a 100-year storm event. 100-Year Floodplain: Area inundated by a 100-year storm event. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 10, 2000 List of Definitions 8 100-Year Storm Event: Storm of greatest magnitude expected to occur within a 100-year period. Open Space: Undeveloped lands suitable for passive recreation or conservation uses. (§9J-5.0033 F.A.C.) Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. (§380.031 F.S.) Policy: The way in which programs and activities are conducted to achieve an identified goal. (§9J-5.0033 F.A.C.) Pollution: The presence in the outdoor atmosphere, ground or water of any substances, contaminants, noise, or manmade or man -induced alteration of the chemical, physical, biological, or radiological integrity of air or water, in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably interfere with the enjoyment of life or property. (§9J-5.0033 F.A.C.) Potable Water: Water suitable for human consumption and which meets water quality standards determined by the Department of Health and Rehabilitative Services, provided through a public system or by private well. Potable Water Facilities: A system of structures designed to collect, treat, or distribute potable water, and includes water wells, treatment plants, reservoirs, and distribution mains. (§9J- 5.0033 F.A.C.) Pro Rata Share of Public Facility Costs: In order to maintain minimum Levels of Service adopted by the City, a developer may be required to pay the portion of public facility improvement costs generated by a proposed development. Public Access: The ability of the public to physically reach, enter or use recreation sites including beaches and shores. (§9J-5.0033 F.A.C.) Public Facilities: Transportation systems or facilities, sewer systems or facilities, solid waste systems or facilities, drainage systems or facilities, potable water systems or facilities, educational systems or facilities, parks and recreation systems or facilities and public health systems or facilities. Individual private potable water wells or septic systems are not public facilities. Public Facilities and Services which must be available concurrent with the impacts of development means those covered by comprehensive plan elements required by Section 163.3177, Florida Statutes, and for which level of service standards must be adopted under Chapter 9J-5, Florida Administrative Code. The public facilities and services are: roads, Rule City of Okeechobee EAR -based Comprehensive Plan Amendments List of Definitions 9 Adopted: March 19, 1991 Date: April 10, 2000 :j • 0 9J-5.007(3)(c)1.; sanitary sewer, Rule 9J-5.011(2)(c)2a.; solid waste, Rule 9J-5.011(2)(c) 2.b.; drainage, Rule 9J-5.011(2)(c)2.a.; potable water, Rule 9J-5.011(2)(c)2.d.; parks and recreation, Rule 9J-5.014(3)(c)4.; and mass transit, Rule 9J-5.008(3)(c)1., if applicable. (§9J- 5.0033 F.A.C.) Public Sanitary Sewer Facilities: Sanitary sewer facilities, either publicly or privately owned, which serve at lease 15 service connections, or regularly serve at least 25 residents. Generally, a multi-user septic tank is not a public sanitary sewer facility. Public Supply Water System: A potable water facility which serves at least 15 service connections, or regularly serves at least 25 residents. Rare or Unique Native Vegetative Communities: Ecological communities whose occurrence is rare or is of special social, economic, educational, aesthetic or scientific value, such as oak hammocks and cypress swamps. Recreation: The pursuit of leisure time activities occurring in an indoor or outdoor setting. (§9J- 5.0033 F.A.C.) Redevelopment: Undertakings, activities, or projects of a county, municipality, or community redevelopment agency for the elimination and prevention of the development or spread of slums and blight or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly, and may include slum clearance and redevelopment, or rehabilitation or conservation, or any combination or part thereof. (from § 163.340 F.S.) Relocation Housing: Those dwellings which are made available to families displaced by public programs, provided that such dwellings are decent, safe and sanitary and within the financial means of the families or individuals displaced. (§9J-5.0033 F.A.C.) Resident Population: Inhabitants counted in the same manner utilized by the United States Bureau of the Census, in the category of total population. Resident population does not include seasonal population. (§9J-5.0033 F.A.C.) Residential Uses: Activities within land areas used predominantly for housing. (§9J-5.0033 F.A.C.) Right -of -Way: Land in which the state, a county, or a municipality owns the fee simple title or has an easement dedicated or required for a transportation or utility use. (§9J-5.0033 F.A.C.) Roadway: A road, which includes streets, sidewalks, alleys, highways, and other ways open to travel by the public, including the roadbed, right-of-way, and all culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith. (§334.03(18) F.S.) City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive- Plan Amendments Date: April 10, 2000 List of Definitions 10 Roadway Functional Classification: The assignment of roads into categories according to the character of service they provide in relation to the total road network. Basic functional categories include limited access facilities, arterial roads, and collector roads, which may be subcategorized into principal, major or minor levels. Those levels may be further grouped into urban and rural categories. (§9J-5.0033 F.A.C.) Sanitary Landfill: a) "Class I solid waste disposal area" means a disposal facility which receives an average of 20 tons or more per day, if scales are available, or 50 cubic yards or more per day of solid waste, as measured in place after covering, and which receives an initial cover daily; b) "Class II solid waste disposal area" means a disposal facility which receives an average of less than 50 cubic yards per day of solid waste, as measured in place after covering, and which receives an initial cover at least once every 4 days. (§ 171.031 F.S.) Sanitary Sewer Facilities: Structures or systems. designed for the collection, transmission, treatment, or disposal of sewage and includes trunk mains, interceptors, treatment plants and disposal systems. (§9J-5.0033 F.A.C.) Seasonal Population: Part-time inhabitants who utilize, or may be expected to utilize, public facilities or services, but are not residents. Seasonal population shall include tourists, migrant farmworkers, and other short-term and long-term visitors. (§9J-5.0033 F.A.C.) Section 8 Existing Housing Program: A Federal housing program authorized under Section 8 of the U.S. Housing Act, as amended. The Section 8 program provides rental subsidies to encourage new construction and substantial rehabilitation of existing housing. As part of its rehabilitation component, the Section 8 program establishes "housing quality standards" which are minimum standards for the safe and healthful occupancy of a dwelling unit. Septic Tank: A watertight receptacle constructed to promote separation of solid and liquid components of wastewater, to provide limited digestion of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system. (§ 1 OD-6 F.A.C.) Services: The programs and employees determined necessary by local government to provide adequate operation and maintenance of public facilities and infrastructure as well as those educational, health care, social and other programs necessary to support the programs, public facilities, and infrastructure set out in the local plan or required by local, state, or federal law. (§9J-5.0033 F.A.C.) Site Plan: A plan, drawn to scale by a licensed professional engineer, showing uses, structures, and all other physical features proposed for a development site as required by the regulations involved. It includes lot lines, streets, building sites, parking spaces, walkways, reserved open spaces, easements, buildings, and major natural and man-made landscape features. Solid Waste: Sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish refuse, or other discarded material, including solid, City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plant Date: April 10, 2000 List of Definitions 11 liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. (§9J-5.0033 F.A.C.) Solid Waste Facilities: Structures or systems designed for the collection, processing or disposal of solid wastes, including hazardous wastes, and includes ranger stations, processing plants, recycling plants, and disposal systems. (§9J-5.0033 F.A.C.) Standard Housing: Dwelling units that meet the federal Minimum Housing Quality Standards as established for the HUD Section 8 Program. Stormwater: The flow of water which results from a rainfall event. (§9J-5.0033 F.A.C.) Structure: Anything constructed or installed which is rigidly and permanently attached to the ground or to another object which is rigidly and permanently attached to the ground. This shall include, but not be limited to, supporting walls, signs, screened or unscreened enclosures covered by a permanent roof, swimming pools, poles, and pipelines. Subdivision: Any tract or plot of land divided into two or more lots or parcels less than one acre in size for sale, lease or rent for residential, industrial or commercial use, regardless of whether the lots or parcels are described by reference to recorded plats, metes and bounds description, or by any other legal method. (§ 1 OD-6 F.A.C.) Substandard Housing Unit: A housing unit having a deteriorated or dilapidated appearance and which is unsafe or unhealthful for occupancy. Support Documents: Any surveys, studies, inventory maps, data, inventories, listings or analyses used as a basis for or in developing the local comprehensive plan. (§9J-5.0033 F.A.C.) Toxic or Hazardous Substances: Chemicals, gases or other materials which, when released into the air or water in heavy concentrations, may cause illnesses or disease or otherwise degrade public health. 25-Year Frequency 24-Hour Duration Storm Event: A storm event associated with rainfall during a continuous 24-hour period that may be expected to occur once every 25 years. Its associated floodplain is that land which may be expected to be flooded during the storm event. Urban Sprawl: Scattered, untimely, poorly planned urban development that occurs in urban fringe and rural areas and frequently invades lands important for environmental and natural resource protection. Urban sprawl typically manifests itself in one or more of the following ways: (1) leapfrog development; (2) ribbon or strip development; and (3) large expanses of low -density, single -dimensional development. (DCA "Special Issue" Technical Memo, Volume 4, Number 4). City of Okeechobee Adopted: March 19, 1991 EAR -based Parr Amendments, Date: April 10, 2000 List of Definitions 12 U RESOLUTION NO. 00-3 ExHiBIT 4 - 5/2 AGENDA A RESOLUTION OF THE CITY OF OKEECHOBEE FLORIDA ESTABLISHING PERMIT FEES FOR UTILITY CONSTRUCTION; ROAD CUTS; INSTALLATION OF WATER & WASTEWATER LINES; PROVIDING FOR INSPECTIONS THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, utility providers, the Okeechobee utility authority, developers, contractors and other private entities are required by City policies to obtain a permit prior to commencement of such work from the department of general services; and WHEREAS, the staff of the department of general services and the road department incur valuable time in the receipt and processing of such permits and inspections of the work; and WHEREAS, it is within the discretion and authority of the City to charge and collect certain fees from the providers for the processing and issuance of such licenses and performing of such inspections, NOW THEREFORE be it resolved by the City Council for the City of Okeechobee, Florida that a schedule of fees is hereby established for such permits and inspections as follows: SECTION 1. UTILITY PERMIT FEES A. For inspection of underground utility construction, repair, line extensions, replacements or improvements, road cuts; three (3) inspections are required per project, $35.00 per inspection for a total fee of $105.00. INTRODUCED AND ADOPTED on the _ day of during a regular session of the City of Okeechobee City Coomcil. ATTEST: Bonnie S. Thomas, CMC, City Clerk 407 REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 1 of 1 Ul/ �Ui ttIuu UJ. -'b y41 rbJibdb l l I OF UKLLCHUBLL 10 EXHIBIT 5 - • 5 / 2 AGENDA CITY OF OKEECH02 E 941)763-3372 * Fax 941)703-1886 AGENDA ITEM REQUEST FORM Please moll or bring completed form to: City of Okeechobee City Clerk's Office 55 S.E. 3rd Avenue Okeechobee, Florida 34974 NAME: J. PALi L ADDRESS: PO 14o X R,JS- 6 KEEcfFo¢e-'e. FL '3"197,r TaLEPHONE: F63 4k'f el 9 t IHWp MEETING: REGULAR d/ SPECIAL 0 WORKSHOP O 8l 3 763 94440 DATE: A*y Z, ,?oo D PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA. Pl-opaS"A 00qdr"A4ceS Fay P011ce TFiceI'S' 44LZ....,,ARE i r €,4< PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR. Po I, c e e F-r R .p— PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL. A�oDTro,f PLEASE SUMMARRID PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENT'S. APAO e'd Oreq11A/.o, ee9 111C.%de- 7Xe: llosr �QEc ,i�- ,G S�Arr✓c ChAAIl cr S . 14�1di rr o ,.r 7Ar proposed A4di1/n.1< En/sr o�1 T vs r FU„rd i.�/c%de- s eF r,v19 iXe cvZAlA4 T nr T 4ef -0 77o SS Aw/ a ONS'-r nF .G/✓nvG! A61.T cr C.,e.- �QESEn/T�JTioni Ta bee iA� OY PRESENTATIQN IS TOM MADE, HOW MUCH TIME WILL BE REQUESTED? SIGNED SY: �.l./ �� �� DATE:�ei�0 0 0 ORDINANCE NO. 249 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITY OF OKEECHOBEE RETIREMENT SYSTEM FOR POLICE OFFICERS AS ADOPTED BY ORDINANCE 657 AND AS SUBSEQUENTLY AMENDED; PROVIDING FOR DEFINITIONS; PROVIDING FOR MEMBERSHIP; PROVIDING FOR A BOARD OF TRUSTEES; PROVIDING FOR FINANCES AND FUND MANAGEMENT; PROVIDING FOR CONTRIBUTIONS; PROVIDING FOR BENEFIT AMOUNTS AND ELIGIBILITY; PROVIDING FOR PRE - RETIREMENT DEATH BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PROVIDING OPTIONAL FORMS OF BENEFITS; PROVIDING FOR BENEFICIARIES; PROVIDING CLAIMS PROCEDURES; PROVIDING FOR REPORTS TO THE DIVISION OF RETIREMENT; PROVIDING FOR A ROSTER OF RETIREES; DELETING BOARD ATTORNEY AND PROFESSIONALS; PROVIDING FOR A MAXIMUM PENSION LIMITATION; PROVIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS; PROVIDING FOR REPEAL OR TERMINATION OF THE SYSTEM; PROVIDING FOR EXEMPTION FROM EXECUTION AND NON - ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY; PROVIDING FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR CONVICTION AND FORFEITURE, FALSE, MISLEADING OR FRAUDULENT STATEMENTS; PROVIDING FOR INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR TRANSFERS WITHIN THE CITY; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee Police Officers are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee and; WHEREAS, the City Council desires to clarify and restate the provisions of the Police Officers' Retirement Plan to consolidate all prior ordinances and Code provisions and to incorporate Federal law and the current applicable provisions of Chapter 185, Florida Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: • • SECTION 1: That the City of Okeechobee Retirement System for Police Officers as adopted by Ordinance 657 and as subsequently amended, is amended and restated as set forth in the document designated CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, attached hereto and made a part hereof. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon adoption, except provisions for compliance with Chapter 185, Florida Statutes, shall be effective retroactively to December 31, 1999. Introduced on first reading and set for public hearing this day of , 2000. ATTEST: CITY CLERK Passed on second and final reading this ATTEST: CITY CLERK MAYOR day of MAYOR TABLE OF CONTENTS SECTION PAGE NUMBER DEFINITIONS I MEMBERSHIP 4 BOARD OF TRUSTEES 5 FINANCES AND FUND MANAGEMENT 7 CONTRIBUTIONS 13 BENEFIT AMOUNTS AND ELIGIBILITY 14 DEATH BENEFITS 16 DISABILITY 17 VESTING 26 OPTIONAL FORMS OF BENEFITS 27 BENEFICIARIES 31 CLAIMS PROCEDURES 31 REPORTS TO DIVISION OF RETIREMENT 32 ROSTER OF RETIREES 33 MAXIMUM PENSION 33 DISTRIBUTIONS OF BENEFITS 37 MISCELLANEOUS PROVISIONS 38 REPEAL OR TERMINATION OF SYSTEM 39 EXEMPTION FROM EXECUTION, NON -ASSIGNABILITY 42 PENSION VALIDITY 42 FORFEITURE OF PENSION 43 CONVICTION AND FORFEITURE; FALSE, MISLEADING OR FRAUDULENT STATEMENTS 44 INDEMNIFICATION 45 TRANSFERS WITHIN THE CITY 46 MILITARY SERVICE PRIOR TO EMPLOYMENT 46 DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS 47 0 • CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND SECTION 1. DEFINITIONS,. 1. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accumulated Contributions. means a Member's own contributions with interest at the rate of five and one -quarter percent (5-1/4 %) per annum through September 30, 1993 and four and one -quarter percent (4.25 %) per annum thereafter. For those Members who purchase Credited Service at no cost to the System, pursuant to Sections 25 and-26, only that portion of any payment representing the sum that he would have contributed had he been a Member of the System for the years for which he is requesting credit, shall be included in Accumulated Contributions. A ...1, 0.,, Elkwloye., ?1.;�.,,....,..i L.,.,...,, 5.,,,u.;ly . antended-bythV R,/lla vlllVll{ E1�ulty . • slay 1V�U a�aV.1J 1JJl1V under-by-th. f U.ua am; J.v Illw..,al 11%, Y V..uV S%,a r,.,%,, aJ d at 4at.tV cuJ then regulations -shall L., a...,,..J„1. &tuarial Eauivalent 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 g�mht percent ,(8 %) interest and the 1983 Group Annuity Mortality Table for Males. Average Final Compensation means one -twelfth (1/12) of the average Salary of the five (5) best years of the last ten (10) years of Credited Service prior to Retirement, termination, or death, or the career average as a full-time Police Officer, whichever is greater. A year shall be twelve (12) consecutive months. 1 Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a Member who has or have been designated in writing by the Member and filed with the Board. If no such designation is in effect, or if no person so designated is living, at the time of death of the Member, the Beneficiary shall be the estate of the Member. Board means the Board of Trustees, which shall administer and manage the System herein provided and serve as trustees of the Fund. C y means City of Okeechobee, Florida. Code means the Internal Revenue Code of 1986, as amended from time to time. Credited Service means the total number of years and fractional parts of years of service as a Police Officer with Member contributions when required, omitting intervening 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 Accumulated Contributions in the Fund for a period of five (5) 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 a vested Member leaves the employ of the Police Department, his Accumulated Contributions will be returned only upon his written request. If a Member who is not vested is not reemployed as a Police Officer with the Police Department within five (5) vears. his Accumulated Contributions shall be returned.. Upon return of his Accumulated Contributions, all of his rights and benefits under the System are forfeited and terminated. Upon any reemplovment. a Police Officer shall not receive credit for the vears and fractional parts of vears of service for which he has withdrawn his Accumulated Contributions from the Fund. unless the Police Officer repays into the Fund the contributions he has withdrawn. with interest, gs determined by the Board. within ninetv (90) days after his reemployment., The years or fractional parts of years that a Police Officer serves in the military service of the Armed Forces of the United States, or the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, after separation from employment as a Police Officer with the City for the purpose of going on active duty, shall be added to his years of 2 Credited Service, for all purposes, including vesting, FulJuall�. t., ,.V111:1:V11J U."t «L„ L%'gLa:l.,.l VL V61L11LLtW 1 J�tV "lad iVjViC{I1CjVV, QJ A111V11�V liVlll t<lllli tV Lllll�I� provided that,. RM A. _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 V,,.AJLL;V110• B The Member is entitled to reemplovment under the provisions of the Uniformed Services Emplovment and Reemplovment Rights Act (USERRA). (P.L.103-353). _,, The maximum credit for military service pursuant to this paraeraph shall be five (5) years. Effective Date means the-da. llll ,,/Lich - this -ord:a.ul., ,, Le,,,,l...,,3 .,ffective April 20. Fund means the trust fund established herein as part of the System. Member means an actively employed Police Officer who fulfills the prescribed membership requirements. Benefit improvements which, in the past, have been provided for by amendments to the System adopted by City ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to Members who terminate employment or who retire prior to the effective date of any ordinance adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Plan Year means the twelve (12) month period beginning October 1 and ending September 30 of the following year. Police Officer means an actively employed fiill-time person, employed by the City, including his initial probationary employment period, who is certified as a Police Officer as a condition of employment in accordance with the provisions of §943.1395, Florida Statutes, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of the State of Florida. Retiree means a Member who has entered Retirement Status. 3 0 Retirement means a Member's separation from City employment with eligibility for immediate receipt of benefits under the System. Salary means the total compensation for services rendered to the City as a Police Officer reported on the Member's W-2 form plus all tax deferred, tax sheltered and tax exempt items of income derived from elective employee payroll deductions or salary reductions. Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code shall be disregarded. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a Member before the first Plan Year beginning after December 31, 1995. Spouse means the lawful wife or husband of a Member or Retiree at the time of pre- Y V4lY'V111V111 J "JA U1 i�.ui �iu�„t benefits become payable. ,System means the City of Okeechobee Municipal Police Officers' Pension Trust Fund as contained herein and all amendments thereto. 2. Masculine Gender. The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine and masculine genders. SECTION 2. MEMBERSHII'. 1. Conditions of Elieibility. A. All Police Officers as of the Effective Date, and all future new Police Officers, shall become Members of this System as a condition of employment. B. All future new Police Officers shall be required to complete a medical examination as prescribed by the City. 2. ibf„l..L.,r.,L:.. Designation of Beneficiary. Each Police Officer shall complete a form prescribed by the Board providing for the designation of a Beneficiary or Beneficiaries. 4 3. 1. ._., L. D„JtCllGta.,.l v X . 2k-W,,,L.iL ,..Gy fL VI., Lu►l.. to t<,ll...el,G„f',., 1.1J Jza.E,..kt„ d D.rl.JA.,,;aLy Ly vwAiLaen .,.%.aNV tV hLo DucLLJ upwi, i�JL,,,J VLV Yi��t, DVGI J. �lpv,. J.IVI, V1,Cll.�V, tlle rights of -A l., L.,w. W., a„y 1,— .,1.to usider`t v 3,y �l.,l.. J�lGll wG.,v. SECTION 3. BOARD OF TRUSTEES. 1. The sole and exclusive administration of and responsibility for the proper operation of the System and for making effective the provisions of this ordinance are is hereby vested in a Board of Trustees. The Board of Ti..Jt.,.,J is hereby designated as the plan administrator. The Board f Ty..J.....s shall consist of five (5) Trustees, two f2) of whom, unless otherwise prohibited by law, shall be legal residents of the .....,.:.,;rGLty Ci, who shall be appointed by the Okeechobee City Council, and two f2) of whom shall be full-time Police Officer Members of the System, who shall be elected by a majority of the Police Officers who are Members of the System. The fifth Trustee shall be chosen fu. a lo. (2) y.,GL l.,L,.i by a majority of the previous four fA) Trustees as provided for herein, and such person's name shall be submitted to the Okeechobee City Council. Upon receipt of the fifth person's name, the Okeechobee City Council shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the same rights as each of the other four (4) Trustees appointed or elected as herein provided and shall serve a two (2) year term unless the -off.,,., :a JVV.IvL vitCatcct and ...Gy J.,... �.,.1 I.:...J.,lf-in he sooner vacates the, office. Each resident Trustee shall serve as Trustee for a period of two (2) years, unless hS sooner vacates the officer or is sooner replaced by the Okeechobee City Council at whose pleasure the Tnrstee h� shall serve; -and ...uy ,,... ,,,,,,1 1.:...a,;.1' �� d T�..Jtee. Each Policc-(�ffrcer Member Trustee shall serve as Trustee for a period of two (2) years, unless he sooner leaves the employment of the City as a Police Officer or otherwise vacates his office as Trustee, whereupon a successor shall be chosen in the same manner as the departing Trustee. Each Police Trustee may succeed himself in office. The Board shall establish and administer, the nominatin¢ and election procedures after each election.. The Board .,f T),u.,[.,., shall meet at least quarterly each year. The Board .,f shall be a legal entity with, in addition to 5 • other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. 2. The Trustees shall, by a majority vote, elect a Chairman and a Secretary. The Secretary of the Board shall keep a complete minute book of the actions, proceedings, or hearings of the Board. The Trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. 3. Each Trustee shall be entitled to one W vote on the Board. Three (3) affirmative votes shall be necessary for any decision by the Trustees at any meeting of the Board. A Trustee shall have the right to abstain from voting as the result of a conflict of interest provided that Trustee complies with the provisions of Section 112.3143, Florida Statutes,. 4. The Board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the System. The compensation of all persons engaged by the Board and all other expenses of the Board necessary for the operation of the System shall be paid from the Fund at such rates and in such amounts as the Board shall agree. In the event the Board chooses to use the Citv's legal counsel. actuary or other professional, xechnical or other advisors. it shall do so onlv under terms and conditions acceptable to the Board. 5. The duties and responsibilities of the Board shall include, but not necessarily be limited to, the following: A. To construe the provisions of the System and determine all questions arising thereunder. B. To determine all questions relating to eligibility and membership. C. To determine and certify the amount of all retirement allowances or other benefits hereunder. D. To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the System. A • • E. To distribute to Members, at regular intervals, information concerning the System. F. To receive and process all applications for meml,.,L.31 * cud benefits. G. To authorize all payments whatsoever from the Fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the System and Fund. H. To have performed actuarial studies and valuations, at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the System. I. To perform such other duties as are required to prudently administer the System SECTION 4. FINANCES AND FUND MANAGEMENT. Establishment and Ooeration of Fund. 1. As part of the System, there exists the Fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the System. 2. The actual custody and supervision of the Fund (and assets thereof) shall be vested in the Board. Payment of benefits and disbursements from the Fund shall be made by the disbursing agent but only upon written authorization from the Board. 3. All funds of the Municipal Police Officers' Pension Trust Fund may be deposited by the Board with the Finance Director of the City, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safekeeping of funds for the City. However, any funds so deposited with the Finance Director of the City shall be kept in a separate fund by the Finance Director or clearly identified as such funds of the Municipal Police Officers' Pension Trust Fund. In lieu thereof, the Board shall deposit the funds of the Municipal Police Officers' Pension Trust Fund in a qualified public depository as defined in §280.02, Florida Statutes, which depository with regard to such funds shall conform to and be bound by all of the provisions of Chapter 280, Florida Statutes,. In order to fulfill its investment responsibilities as set forth herein, the Board may retain the services of a 7 • • custodian bank, an investment advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the Board, in the investment of all Fund assets. 4. All funds and securities of the System may be commingled in the Fund, provided that accurate records are maintained at all times reflecting the financial composition of the Fund, including accurate current accounts and entries as regards the following: A. Current amounts of Accumulated Contributions of Members on both an individual and aggregate account basis, and B. Receipts and disbursements, and C. Benefit payments, and D. Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to contributions and deposits from the City, and E. All interest, dividends and gains (or losses) whatsoever, and F. Such other entries as may be properly required so as to reflect a clear and complete financial report of the Fund. 5. An audit shall be performed annually by a certified public accountant for the most recent fiscal year of the City Svstem 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 com- plete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. 6. The Board shall have the following investment powers and authority: A. The Board shall be vested with full legal title to said Fund, subject, however, and in any event to the authority and power of the Okeechobee City Council to amend or terminate this Fund, provided that no amendment or Fund termination shall ever result in the use of any assets N] • • of this Fund except for the payment of regular expenses and benefits under this System, except as otherwise 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. All monies paid into or held in the Fund shall be invested and reinvested by the Board and the investment of all or any part of such funds shall be limited to: (1) Annuity and life insurance contracts with life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the Members in the Fund shall be entitled under the provisions of this System and pay the initial and subsequent premium thereon. (2) Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund or a savings/building and loan association insured by the Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund. (3) Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States or by an agency of the government of the United States. (4) Bonds issued by the State of Israel. (5) Stocks, commingled hinds administered by national or state banks, mutual funds and bonds or other evidences of indebted- ness, provided that: (a) Except as provided in paragraph (b), all individually held securities and all securities in a commingled or mutual fund must be issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia. (b) Up to ten percent (10%) of the assets of the Fund may be invested in foreign securities. (c) The Board shall not invest more than five percent (5 %) of its assets in the common stock, capital stock or convertible securities of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent (5 %) of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock and convertible securities at cost exceed sixty percent (60 %) of the assets of the Fund. (6) Real estate, provided the Board shall not invest more than ten percent (10%) at cost in real property or real estate. At least once every three (3) vears. and more often as determined by the Board. the Board shall retain a professionally aualified indeuenden( consultant. as defined in Section 185.06. Florida Statutes. to evaluate the performance of all current investment managers and make, recommendations regarding the retention of all such investment managers. These recommendations shall be considered by the Board at its next regularly scheduled meeting. E: 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. 10 • $: E. 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 diminishment of the Fund, except that due to his or its own negligence, willful misconduct or lack of good faith. l- F. The Board may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. F: C j, 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, 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 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. G: H. The Board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. i7 I 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 11 • • !; A L 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. L Any overpayments or underpayments from the Fund to a Member, Retiree or Beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board in such a manner that the Actuarial Equivalent of the benefit to which the Member, Retiree or Beneficiary was correctly entitled, shall be paid. Overpayments shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the Fund in a prudent manner. K. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits provided for herein. L In any application to or proceeding or action in the courts, only the Board shall be a necessary party, and no Member or other person having an interest in the Fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. M . Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said Fund shall always remain in the Board. W SECTION 5. CONTRIBUTIONS.. 1. Member Contributions,. A. Amount. Each Members of the System shall be required to make regular contributions to the Fund in the amount of five percent (5 %) of his Salary. Member contributions withheld by the City on behalf of the Member shall be deposited with the Board at least monthly immediately, after each nay period. The contributions made by each Member to the Fund shall be designated as employer contributions pursuant to §414(h) of the La, ...al Revena Code of-i 986. Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of the System, such contributions shall be considered to be Member contributions. B. Method. Such contributions shall be made by payroll deduction. 2. State Contributions. Any monies received or receivable by reason of laws of the State of Florida, for the express purpose of funding and paying for retirement benefits for Police Officers of the City shall be deposited in the Fund comprising part of this System immediately and under no circumstances more than five (5) days after receipt by the City. 3. City Contributions. So long as this System is in effect, the City shall make quarterly contributions to the Fund in an amount equal to the difference in each year, between the total aggregate Member contributions for the year, plus state contributions for such year, and the total cost for the year, as shown by the most recent actuarial valuation of the System. The total cost for any year shall be defined as the total normal cost plus the additional amount sufficient to amortize the unfunded past service liability .,.,,. a F01--ty-(46«. r,,.:,,1, ..�....,►�►.�;,,� �►;�r-tl.,, T.�..1 v.lu,,l. d.,, Effca;: L. Date 'ofthi as provided in Part VII of Chapter 112, Florida Statutes. 13 • • 4. Other. Private donations, gifts and contributions may be deposited to the Fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds arising from these sources may be used only for additional benefits for Members, as determined by the Board, and may not be used to reduce what would have otherwise been required City contributions. SECTION 6. BENEFIT AMOUNTS AND ELIGIBILITY. 1. Normal Retirement Date. 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) fifty-five (55) and the completion of ten (10) years of Credited Service, or upon the completion of twenty-five (25) 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 one hundred jXrcent (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. 2. Normal Retirement Benefit. A Member retiring hereunder on or after his normal retirement date shall receive a monthly benefit which shall commence on the first day of the month coincident with or next following his Retirement and be continued thereafter during Member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal three percent (3 %) of Average Final Compensation, for each year of Credited Service. 3. Early Retirement Date. A Member may retire on his early retirement date which shall be the first day of any month coincident with or next following the attainment of age fifty (50) and the completion of ten (10) years of Credited Service. Early retirement under the System is 14 U U Retirement from employment with the City on or after the early retirement date and prior to the normal retirement date. 4. Early Retirement Benefit. A Member retiring hereunder on his early retirement date may receive either a deferred or an immediate monthly retirement benefit payable in the same form as for normal retirement as follows: A. A deferred monthly retirement benefit which shall commence on what would have been his normal retirement date h"J 11%, bV,liaa. asv� E) ccr. determined based upon his actual ,years of Credited Service. 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, determined based upon his actual years of Credited Service, 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 three percent (3 %) for each year the commencement of benefits precedes the date which would have been the Member's normal retirement date had-h., determined based upon his actual vears of Creditedd S rvige• 5, Beginning retroactively to October 1. 1999. and on every October 1 of odd, numbered years thereafter. the monthly benefit of egch Retiree (or theiLBeneficiary or in benefits for at Imt one (lr as of the adiustment date. shall be increaWAXv one-half of one 15 vercent ,.5 %l. This benefit shall apply to all current and future eligible Retirees (or their SECTION 7. DEATH BENEFITS. 1. prior to Vesting or Eligibility for Retirement. The Beneficiary of a deceased Member who was not receiving monthly benefit payments, or who was not yet vested or eligible for early or normal Retirement shall receive a refund of one hundred percent (100%) of the Member's Accumulated Contributions. 2. Deceased Members Vested or Eligible for Retirement. Any Member, whether or not still actively employed, who has a right to a vested accrued benefit, shall be eligible for a death benefit if he dies before collecting any other benefits from this System. The amount of the death benefit shall be equal to fifty percent (50%) of the actuarially equivalent single sum value of the Member's vested accrued benefit or his Accumulated Contributions, whichever is greater. If this single sum value is less than $3,599 five thousand dollars ($5.=, it shall be paid in a lump sum. If the value exceeds $3,569 five thousand dollars ($5=000) the Beneficiary may elect payment under any of the optional forms available for retirement benefits or a lump sum payment. If a Member is eligible for early or normal retirement, but remains in employment and dies while so employed, the death benefit shall be determined as follows: It shall be assumed that such deceased Member had retired immediately preceding his date of death and elected the Ten Year Certain and Life Thereafter option. However, the death benefit shall be equal to fifty percent (50 %) of the actuarially equivalent single sum value of the Member's vested accrued benefit, if larger than the Ten Year Certain and Life Thereafter Option, described earlier in this Section. 16 SECTION 8. DISABILITY. 1. Disability Benefits In -Line -of Duty. 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 d t.,....:,.,,d :.. tl.., aS �vi ,,w.ly-rV41V1�iVlll aJ-sctfordl .UA % %A:.,.. 5, �uL�..,1:.,.: 4'� g�uai to three percent Q %) of his Average Final Compensation multiplied by the total years of Credited Service, 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 persons, either vested or non -vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. 2. In -Line of Dutv Presumptions,. 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 P„L'.,., Officer Member shall have success- fully 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 dis- ability insurance. B. Additional Presumption.. The presumption provided for in this subpara- graph B. shall apply only to those conditions described in this subpara- graph B. that are diagnosed on or after January 1, 1996. 17 (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, 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 fiill time by the City as a firefighter, paramedic, emergency medical technician, law enforce- (c) 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. "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. W. (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 (e) 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. "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. 19 (2) Presumption. Any emergency rescue or public safety Member who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the Member must, by written affidavit as provided in Section 92.50, Florida Statutes, verify by written declaration that, to the best of his knowledge and belief: (a) In the case of a medical condition caused by or derived from hepatitis, he has not: i. Been exposed, through transfer of bodily fluids, to any person known to have sickness or medical conditions derived from hepatitis, outside the scope of his employment; ii. Had a transfusion of blood or blood components, other than a transfusion arising out of an accident or injury happening in connection with his present employment, or received any blood products for the treatment of a coagulation disorder since last undergoing medical tests for hepatitis, which tests failed to indicate the presence of hepatitis; ii. Engaged in unsafe sexual practices or other high - risk behavior, as identified by the Centers for Disease Control or the Surgeon General of the United States or had sexual relations with a person 20 known to him to have engaged in such unsafe sexual practices or other high -risk behavior; or iv. Used intravenous drugs not prescribed by a physician. (b) 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 meningococcal meningitis or known to be an asymptomatic carrier of the disease. (c) In the case of tuberculosis, in the period of time since the Member's last negative tuberculosis skin test, he has not been exposed, outside the scope of his employment, to any person known by him to have tuberculosis. (3) Immunization. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a 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 immunization or prophylaxis unless the Member's physician detennines 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 21 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) Reauired medical tests: preemplovment phvsical. In order to be entitled to the presumption provided by this Section: (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. 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. Disability Benefits Not -in -Line of Dutv. Any Member with five (5) years or more Credited Service who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically deter- minable physical or mental impairment, to render usefiil and efficient service as a Police 22 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 equal to the greater of (i) or 6i) where (i) is two percent (2 %) of Avera.gg Final Compensation multiulied by the total vears of Credited Service and 6i) is a benefit determined in the same manner as for early retirement as set forth in Section 6, subsection 4Bi; but In any event, the minimum amount paid to the Member shall be twenty-five percent (25 %) of his Average Final Compensation. Terminated persons, either vested or non -vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. 4. Conditions Disaualifvine Disability Benefits. Each Member who is claiming disability benefits shall establish, to the satisfaction of the Board, that such disability was not occasioned primarily by: A. Excessive or habitual use of any drugs, intoxicants, or alcohol narcotics. B. Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections.. C. L,J'LLay VL liW"ak, JUJlUl1Lod Qr while committing a crime. D C Injury or disease sustained while serving in any branch of the Armed Forces. D: D. Injury or disease sustained by the Member after his employment as a Police Officer with the City Okeechobee shall have terminated. • I♦1111 ►J1, WQI j,/Va Vl as l L"i" l WIV11G1 llllJV VII L Vl E,&VJJ 11V6'l1pVllVV Vl dle G E. Injury or disease sustained by the Member while working for anyone other than the City and arising out of such employment. II. II. �1 VV11uliLV11 �.1V \■JLialg �ar. a �JlaVV WFL'rl llJ 1llVll l�/V1 J111tJ L1 �1V ►j�.l�lll. No,,l 11. ahall L.-1.tit1cd_W_a-dJ-L0WU1ty y"llaIL,,.,, VV11.,'a1VJL u. lulu Vf 1-ty Vl 11Vt all 1L1V V1 , gVQLLSV VL Vl JLLV iV 11i11 Lifb1L 11LL;Ull Vl [l 23 J1JV lr.11V "II,I Ul�, 1111�/p11. 12%'14 Vl �L11V1 111VJ."d %'u"J lt.Vll FAV"V/L1Jtall�. "t-the thne of . 11. V1 J11`F Ill t1lV ,l J"'All, yl�Cfl-flat JY.,IY �,Y V""V/\1J tillb Condit.,..1 a..J lta l.iat►V..J1111.! tv a laW. i..�u.y, ....yallu.L..t Vl vthCr ...,,J;,,al ,,VI.J L:V.. L. a,A.Lhalsvd Ly 'N :.. 1.,,�V:.. Lull l,V V;,..�Luvd t,. rl.,,,IYJ„ C< J;��;,:lAY YV..,.:,,.. tV 1'1u .,.■1VVl VV11V, afLz •l.V7l1L Vl JlI;iJ ;ll �1G .�+ . j st�lo al. ;11JU'LY Jf 11Fc"A1l.Vllt V1 uthe niedVCL1 ....d ion differeirt L Vl.! JV...V VJlVl 11lJ Yl�, 1111,JCL1al11V11L, VA Vtl1VY .11VJ1NQl VVi1JALV1/ V/L106l16' CCL V1 1l11V1 tV JaIJ ...Vl.lLV. JIuY. 5. Phvsical Examination Reauirement. A Member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the Board for that purpose. The Board shall not select the Member's treating physician or surgeon for this purpose except in an unusual case where the Board determines that it would be reasonable and prudent to do so. Any Retiree receiving disability benefits under provisions of this ordinance may be periodically re-examined by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the Board, to determine if such disability has ceased to exist. If the Board finds that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Police Officer, the Board shall recommend to the City that the Retiree be returned to performance of duty as a Police Officer, and the Retiree so returned shall enjoy the same rights that Member had at the time he was placed upon pension. In the event the Retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Member claiming or the Retiree receiving disability benefits shall be borne by the Fund. All other 24 u reasonable costs as determined by the Board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund. If the Retiree recovers from disability and reenters the service of the City as a Police Officer, his service shall be deemed to have been continuous, and the period for which Member received a disability retirement income shall be Credited Service for purposes of the System. If the Retiree fails to reenter the service of the City as a Police Officer within thirty (30) days from the date the Board determines that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Police Officer, the Retiree's future benefits shall be determined as though he initially terminated employment on the date the Board determined that he was permanently and totally disabled to the extent that he was unable to render useful and efficient service as a Police Officer. The Board shall have the power and authority to make the final decisions regarding all disability claims. 6. Disability Pavments. The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall be payable on the first day of the first month after the Board deter- mines such entitlement. However, the monthly retirement income shall be payable as of the date the Board determined such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment will be: A. If the Retiree recovers from the disability prior to his normal retirement date, the payment due next preceding the date of such recovery, or B. If the Retiree dies without recovering from disability or attains his normal retirement date while still disabled, the payment due next preceding his death or the 120th monthly payment, whichever is later. Provided. however. the disabilitv Retiree may select. at anv time nrior to the date on which benefit oavments begin. an optional form of benefit navment as described in Section 25 10. subsection LA. or 1.B.. which shall be the Actuarial Eauivalent of the normal form of benefit. 7. Benefit Offsets. When a Retiree is receiving a disability pension and workers' compensation benefits pursuant to Florida Statute Chapter 440, for the same disability, and the total monthly benefits received from both exceed 100 % of the Member's average monthly wage, as defined in Chapter 440, Florida Statutes, the disability pension benefit shall be reduced so that the total monthly amount received by the Retiree does not exceed 100 % of such average monthly wage. The amount of any lump sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten (10) Years Certain by dividing the lump sum amount by 83.9692. Tl"'J cubs'V.6.11 ...,t ..late die ll.11lil..ulll 1VllullV111'Vllls--Of-E-hu�.,,. 1G5, Fl„.. ;tatui.,�, ua «....;nded T��... t�...., 1., 1:1..V. Notwithstandine the foreeoina. in no event shall the disability pension benefit be reduced below the ereater of fortv-two percent (42%) of Average Final Comoensation and two percent (2%) Qf AveraMFinal Compensation times vears of Credited Service._ SECTION 9. VESTING. If a Member terminates his employment ....l L..V..t as a Police Officer, either voluntarily or by discharge, and is not eligible for any other benefits under this System, the Member shall be entitled to the following: 1. If the Member has less than ten (10) years Credited Service upon termination, the Member shall be entitled to a refund of his Accumulated Contributions or the Member may leave it deposited with the Fund. 2. If the Member has ten (10) or more years of Credited Service upon termination, the Member shall be entitled to a monthly retirement benefit, 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 the Member's otherwise normal or early retirement date, determined based 26 • upon his actual years of Credited Service, provided he does not elect to withdraw his Accumulated Contributions and provided the Member survives to his otherwise normal or early retirement date. If the Member does not withdraw his Accumulated Contributions and does not survive to his otherwise normal or early retirement date, his designated Beneficiary shall be entitled to a benefit as provided herein for a deceased Member, vested or eligible for Retirement under Pre -Retirement Death. 3. Any vested Member of the System whose position is terminated, for whatever reason, but who remains employed by the City in some other capacity, shall have all retirement benefits accrued up to the date of such termination under this System preserved, provided he does not elect to withdraw his Accumulated Contributions from this System. Such accrued retirement benefits shall be payable at his otherwise early (reduced as for early retirement) or normal retirement date hereunder, or later, in accordance with the provisions of this System; provided further, however, that benefits shall not be payable under this System during any period of continued employment by the City. SECTION 10. OPTIONAL FORMS OF BENEFITS. 1. In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified herein, a I'„ 1:,,. Officer Member, upon written request to the Board may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options: A. A retirement income of a modified monthly amount, payable to the Al..-.X.. Retiree during the lifetime of the .,a Retiree and following the death of the Member Retiree, one hundred percent f100 %), seventy- five percent (75 %), sixtv-six and two-thirds (66 2/3 %) or fifty percent (50 %) of such monthly amount payable to a joint pensioner for his lifetime. Except where the Retiree's joint pensioner is his Spouse the present value of payments to the Retiree shall not be less than fifty 27 • 0 percent (50 %) of the total present value of payments to the Retiree and his joint pensioner. B. A retirement income of a modified monthly amount payable to the Police 9fficer Retiree for his lifetime only. C. If a Member retires prior to the time at which social security benefits are payable, he may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the entire period of Retirement. The amounts payable shall be as recommended by the actuaries for the System, based upon the social security law in effect at the time of the Member's Retirement. This option may be combined with other optional forms of benefit. 2. The Policeffizer Member, upon electing any option of this Section, will designate the joint pensioner (subsection I.A. above) or Beneficiary (or Beneficiaries) to receive the benefit, if any, payable under the System in the event of Member's death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one W or more primary Beneficiaries where applicable. A Member may ghange his Beneficiary at any time. If a Police-8fficer Member has elected an option with a joint pensioner or Beneficiary and the Member's retirement income benefits have commenced, the Member may L thereafter change his designated jointi,.a*&,,4:%,l V. 13.1:.:a.yLat-only YIV &.flbllcLl DvvL-L"i.JV1% M-".:vJ 11.v jAWXA&LVi Vl i U.., L"lid dw PL..;Vat time of Member' f Al1l.�Qthereto; � 1� 7 �l1V YldVV ..V Y'Y'V Y'4L, Ll il'V V YV11/ L 111Q," Q-?f--.Lk A 411"116V 1110 V/ 11V1 VV..Yt,.,4 YV1aV 1VL(11 V1V than Beneficiary at anv time. but may only change his ioint pensioner twice. SS iect to the restriction in the previous sentence. a Member rriav substitute a new ioint pensioner for a deceased ioint pensioner.. W U 3. The consent of a fol:,,,, Officer's Member's or Retiree's joint pensioner or Beneficiary to any such change shall not be required. The rights of all previously -designated Beneficiaries to receive benefits under the System shall thereupon cease. 4. Upon change of a iMemb ..'a II,,,,,,f.,:a.y u. Retiree's joint pensioner in accordance with this Section, t't D„a.1 hall adjust the 1bI,,...L,,.',, ..,.,..tLly L .,liLL U by Lu :..Ju,,, the amount of the retirement income savable to the Retiree shall be actuarially redetermined to take into account the aae of the former ioint pensioner. the new ioint sensioner and the Retiree and to ensure that the benefit paid is the Actuarial Equivalent of the Member's then -current benefit at the time of the change. Any such Member Retiree shall pay the actuarial recalculation expenses ands' .,,r«y.,,.,,.t vf"A.y L�11M '.ta as a .vault-of,a:1..,val%,ulut:u.,a. Each request for a change will be made in writing on a form prepared by the Board and on completion will be filed with the Board. In the event that no designated Beneficiary survives the B„L." Officer Retiree, such benefits as are payable in the event of the death of the Bo}ice E)ffcer Retiree subsequent to his Retirement shall be paid as provided in Section 11. 5. Retirement income payments shall be made under the option elected in accordance with the provisions of this Section and shall be subject to the following limitations: A. If a Police Offi Member dies prior to his normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under Section 7. B. If the designated Beneficiary (or Beneficiaries) or joint pensioner dies before the Bodice ieer'-s Mem ees Retirement under the System, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the Police Officer Member upon his Retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this Section W or a new Beneficiary is designated by the Member prior to his Retirement a.J W .tl,:..y (90) lay a after C. If both the r„t:..,1 Officer Retiree and the Beneficiary (or Benefi- ciaries) designated by Member or Retiree die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provisions of subsection 1, the Board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 11. D. If a f „I ,, Officer Member continues beyond his normal retirement date pursuant to the provisions of Section 6, subsection 1, and dies prior to his actual retirement and while an option made pursuant to the provisions of this Section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a Beneficiary (or Beneficiaries) designated by the Police-9fficer Member in the amount or amounts computed as if the Pow Member had retired under the option on the date on which his death occurred. 6. A Police Officer may not change his retirement option after the date of cashing or depositing his first retirement check. 7. Notwithstanding anything herein to the contrary, the Board in its discretion, may elect to make a lump sum payment to a Member or a Member's Beneficiary in the event that the monthly benefit amount is less than one hundred dollars ($100.00) or the total commuted value of the remaining monthly income payments to be paid do not exceed Tinee five thousand Fi.., II,...1.,,1 dollars ($3,50E)." ($5.000.00). Any such payment made to any person pursuant to the power and discretion conferred upon the Board by the preceding sentence shall operate as a complete discharge of all obligations under the System with regard to such 30 Member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. SECTION 11. BENEFICIARIES. 1. Each Police -Officer Member or Retiree may, on a form provided for that purpose, signed and filed with the Board, designate a Beneficiary (or Beneficiaries) to receive the benefit, if any, which may be payable in the event of his death_, and Each designation may be revoked or changed by such Police Officer Member or Retiree by signing and filing with the Board a new designation-of-12eneficiary form. Upon such chance. the rights of all previously designated Beneficiaries to receive anv benefits under the System shall cease., 2. If a deceased Member or Retiree failed to name a Beneficiary in the manner prescribed in Subsection 1, or if the Beneficiary (or Beneficiaries) named by a deceased Police Officer Member or Retiree predeceases the Po ice-6ffizer Member or Retiree, the death benefit, if any, which may be payable under the System with respect to such deceased Police -Officer Member or Retiree, shall be paid to the estate of the Member or Retiree and the Board. in its discretion. may direct that the commuted value of the remaining monthly income benefits be raid in a lump sum. Anv navment made to anv person pursuant to this Section shall operate as a complete discharge of all obligations under the System with retard to the deceased Member and anv other Persons with rights under the System and shall not be subiect to review by anvone but shall be final. binding and conclusive on all uersons ever interested hereunder. SECTION 12. CLAIMS PROCEDURES. 1. The Board shall establish administrative claims procedures to be utilized in processing written requests ("claims"), on matters which affect the substantial rights of any person ("Claimant"), including Members, Retirees, Beneficiaries, or any person affected by a decision of the Board. 2. The Board shall have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and at any proceedings 31 • • provided for in the Board's claims procedures. The Claimant may request in writing the issuance of subpoenas by the Board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in Florida Statutes. SECTION 13. REPORTS TO DIVISION OF RETIREMENT. Each year and no later than March 15th, the 0m;l,llall vfthe Board shall file alq Annual Report with the Division of Retirement containing the following- documents and information required by Section 185.221. Florida Statutes. 1 • J 11! VV111r11 g11VG with 61%, j11 V r;a,---J of VIapter 185, 2. VVI LilaV !!{VJt 1VVVIIfiscal yew of the City (or a..:..1L,ylI1lJVaat uu.:;lr nLy « L it;fa\,J yuLl;. y «cc�., ,lL(1,11 if 1L,LlY;1VU L0 D„r«:ta.1V11 77t vl 11lJul(U1VV LlYlJlVli vi 1C1+ua L.aY.�.,Jl,'V ry u, a detaile� 11Jta,i6 vasse(YlJ ulNtho& uJVd t, } / 1 faftin 1 Jabt r YV 1Vl ll 0.114 (l Jt[iLVll{Vil V ••�'' VVIIlV (lll 1J Yl JVlllVll 3 JYllllr u1V y%, . ---%J - A%,VlalV (Y1J J;JLYlJVlllVllw-Sl;«ll LV aVVV11V11�,widi the assets atV LV ;1111;11C, uaaJ-end l,f di., yV0.1. 3. D- tatistical exl la'La t J1 aV rriia� th v alYtaaLL,l uCTlVILLe-E)1erIL.,. b1J Vl(lru 1.. of die Caty, 4lV 11Yla1LV1 111VlYJtiia ail UAL, 0y Jt\,lll, YlV 1lUlllll Vl Vl 1 J11V(`i L]](lyV,LV LlV1a�-Ule, classified ]]&a'l%,%,VaJ;alb Lo Av"Jusla 1V1 r%.jLi LV;II�' ;11V e, and th. 1�eL 1\AtllL Vl Vf r.'V µ1 VV eir L'vr.vllVa(sa YVJ aVVVYV a.11E, �/V11J1V11 l.10.�'ll1�.111all 11V 0.111VU Vl CLIlIIYAi1 G,VViiIV UL FV11J1V11 r0.y1■lV1l6 LVu1� A%, V� hL,lll. �T. AJ�l.Gllleni. Vl tIIV CUII'U UIf: LI1�iTiG J VV1l t11VUtC�tl1V �1 V'VV�1116 plall ybal, 4U1J UlV 1U11UU11t &, ' eity vvilf cont6b tc-1,V the Fundfm de cuine]�i rl(L/l p cu. J. If ally [1C.17�i J"A. illaYl VtI YY1Wa(L VV1ll111V1 \,1Ql lI1JUl CU1VV VV{l1�Jµ11,', {.11V J. V�J Vlt Jllpll filcitt V ({ JtptVllt Vllt Vl Y''V 1VlailvilJ 11F of Eh„ 111JYiVJ LV11N,1t0 LU LJLU benefi6 111Vr1j� Valli l({11L,V. T1..J aVyvl I J11(l1j QlJV VV 111n1 V1111GA tYV1 l QLV4. i11J Lai VI , L(lJ1J Vi1 FA 1RtVJ, j y } / /' {•� 11lUl u{llty t(lU1V, ailtVal,,J� a(ltl,J (1.1J Alm'JIVJ Ia JL,J all r(11L111■5 aV1a1V111V1►r La,11L,Fat0. fi. T1lV a.,tual l«!-valzmtioir- of the-3psL ,.. «J ra v r lrlel fv. l.. v.,L i.v.l 3. Jti'a l! vaittatioirshall Ll, y.�,ya1 A Ly ,n-v-,uv11-J-at,tualy vvlly ;J l,lu 32 • • CH." IC ..1kl.V.yVV 1♦v'i+i vaaa Vast 11lV VlalV JV VYl1t Act of 19 A. "..J Wla'V aJ Q 1.1VlllLV1 of YlV 1JV VYV �� Vl Aa-"-GY aVJ VA Y1V lillaVlaVQ1/ I�VQ�VII I'' Vi AVt1YQY1Va1. SECTION 14. ROSTER OF RETIREES. The Secretary of the Board shall keep a record of all persons enjoying a pension under the provisions of this ordinance in which it shall be noted the time when the pension is allowed and when the same shall cease to be paid. Additionally, the Secretary shall keep a record of all Police Officers employed by the Municipality in such a manner as to show the name, address, date of employment and date such employment is terminated. The LVQld 111Q'Y VlllJP1Vindependent LrQI VVY11JVi at a1V O�JtVill,J VAlJV11a7V �VY t,� r1Yl�JVJ�J VV1ltL{i11V111V1V11l, tVE,VY1V1 Wltll JUJI IL/&,l FAVlVJJ1L.1&&71, tVV11111VQ1, Vl vdier-advisors uo V►V 1iVCuliUVVurO ,,.,�woQly . SECTION" 15. MAXEUUM PENSION. 1. Basic Limitation. 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 ninety thousand dollars ($90,000). 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 Code and Regulations thereunder to be taken into account for purposes of the limitation of §415(b)(1) of the Code. 33 2. Particioation in Other Defined Benefit Plans. 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 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 (1) plan. 3. Adiustments in Limitations. A. In the event the Member's retirement benefits become payable before age sixty-two (62), the ninety thousand dollar ($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 §415(b) of the Code, but not less than seventy-five thousand dollars ($75,000), if the benefit begins at or after age fifty-five (55). In the event the Member's retirement benefit becomes payable before age fifty-five (55), the seventy-five thousand dollar ($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 §415(b) of the Code. B. In the event the Member's benefit is based on at least fifteen (15) years of Credited Service, the adjustments provided for in A. above shall not apply. C. The reductions provided for in A. above shall not be applicable to disability benefits paid pursuant to Section 8 or pre -retirement death benefits paid pursuant to Section 7. D. In the event the Member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limitation set forth in subsection 1 herein, such benefit shall be t adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five ( 65). This adjustment shall be made using an assumed interest 34 • • rate of five percent (5 %) and shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. 4. Less than Ten (10) Years of Service. 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 number of the Member's years of Credited Service and the denominator of which is ten (10). The reduction provided for in this subsection shall not be applicable to disability benefits paid pursuant to Section 8, or pre -retirement death benefits paid pursuant to Section 7. 5. Ten Thousand Dollar ($10.000) Limit. 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 thousand dollars ($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. 6. Member in Defined Contribution Plan. In any case where a Member under this System is also a member in a "Defined Contribution Plan" as defined in §414(i) of the 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 Code) shall not, subject to the restrictions and exceptions contained in §2004 of the Act, exceed 1.0. This limitation is repealed effective January 1, 2000. 7. Reduction of Benefits. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the Member's benefit under any defined benefit plans in which Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be determined by the 35 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. 8. Cost -of -Living Adiustments. 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 Code. 9. Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously participated in such System, on or after January 1, 1980, shall not exceed one hundred percent (100 %) of his Average Final Compensation. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. B. No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from another a different employer's retirement System or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. 36 SECTION 1816. DISTRIBUTION OF BENEFITS. Notwithstanding any other provision of this System to the contrary, a form of retirement income payable from this System after the Effective Date of this ordinance, shall satisfy the following conditions: 1. If the retirement income is payable before the Member's death, A. It shall either be distributed or commence to the Member not later than April 1 of the calendar year following the later of the calendar year in which the Member attains age seventv and one-half J70-1/2), or the calendar year in which Member retires, B. The distribution shall commence not later than the calendar year defined above; and a), shall be paid over the life of the Member or over the life- times of the Member and Spouse, issue or dependent, or b), shall be paid over the period extending not beyond the life expectancy of the Member and Spouse, issue or dependent. Where a form of retirement income payment has commenced in accordance with the preceding paragraphs and the Member dies before his entire interest in the System has been distributed, the remaining portion of such interest in the System shall be distributed no less rapidly than under the form of distribution in effect at the time of the Member's death. 2. If the Member's death occurs before the distribution of his interest in the System has commenced, the Member's entire interest in the System shall be distributed within five (5) years of the Member's death, unless it is to be distributed in accordance with the following rules: A. The Member's remaining interest in the System is payable to his Spouse, issue or dependent; B. The remaining interest is to be distributed over the life of the Spouse, issue or dependent or over a period not extending beyond the life expectancy of the Spouse, issue or dependent; and 37 C. Such distribution begins within one W year of the Member's death unless the Member's Spouse shall receive the remaining interest in which case the distribution need not begin before the date on which the Member would have attained age seventy and one-half (70-1/2) and if the Spouse dies before the distribution to the Spouse begins, this Section shall be applied as if the Spouse were the Member. SECTION +917. MISCELLANEOUS PROVISIONS,. 1. Interest of Members in System. At no time prior to the satisfaction of all liabilities under the System with respect to Retirees and Members and their Spouses or Beneficiaries, shall any part of the corpus or income of the Fund be used for or diverted to any purpose other than for their exclusive benefit. 2. No Reduction of Accrued Benefits,. No amendment or ordinance shall be adopted by the City Council of the City of Okeechobee which shall have the effect of reducing the then vested accrued benefits of Members or a Member's Beneficiaries. 3. Oualification of System,. It is intended that the System will constitute a qualified public pension plan under the applicable provisions of the Code, as now in effect or hereafter amended. Any modification or amendment of the System may be made retroactively, if necessary or appropriate, to qualify or maintain die System as a Plan meeting the requirements of the applicable provisions of the Code as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. 4. Use of Forfeitures. Forfeitures arising from terminations of service of Members shall serve only to reduce future City contributions. m C� C� SECTION 20 18. REPEAL OR TERMINATION OF SYSTEM. 1. This ordinance establishing the System and Fund, and subsequent ordinances pertaining to said System and Fund, may be modified, terminated, or amended, in whole or in part; provided that if this or any subsequent ordinance shall be amended or repealed in its application to any person benefiting hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the Member or Beneficiary shall not be affected thereby, except to the extent that the assets of the Fund may be determined to be inadequate. 2. If this ordinance shall be repealed, or if contributions to the System are discontinued or if there is a transfer. mercer or consolidation of eovernment units. services or functions as provided in Chanter 121. Florida Statutes, the Board shall continue to administer the System in accordance with the provisions of this ordinance, for the sole benefit of the then Members, any Beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one of the options provided for in this ordinance who are designated by any of said Members. In the event of repeal, ,,.:f .,,,.ta�L,.l:,,..� t., ll.., sy,t.,,.i t..,, discontinuance of contributions. or transfer. mercer or consolidation of government units. services or functions., there shall be full vesting (100 %) of benefits accrued to date of repeal and the assets of the System shall be allocated in an equitable manner to provide benefits on a proportionate basis to the persons so entitled in accordance with the provisions thereof. 3. The following shall be the order of priority for purposes of allocating the assets of the System as of the date of repeal of this ordinance, or if contributions to the System are discontinued with the date of such discontinuation being determined by the Board. A. Apportionment shall first be made in respect of each Retiree receiving a retirement or disability benefit hereunder on such date, each person receiving a benefit on such date on account of a retired or disabled (but since deceased) Member, and each Member who has, by such date, M 11 • become eligible for normal retirement but has not yet retired, an amount which is the Actuarial Equivalent of such benefit, provided that, if such asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. B. If there be any asset value remaining after the apportionment under paragraph A, apportionment shall next be made in respect of each Member in the service of the City on such date who is vested and who is not entitled to an apportionment under paragraph A, in the amount required to provide the Actuarial Equivalent of the vested portion of the accrued normal retirement benefit (but not less than Accumulated Contributions), based on the Credited Service and Average Final Compensation as of such date, and each vested former Member then entitled to a deferred benefit who has not, by such date, begun receiving benefit payments, in the amount required to provide said Actuarial Equivalent of the vested portion of the accrued normal retirement benefit (but not less than Accumulated Contributions), provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. C. If there be any asset value after the apportionments under paragraphs A and B, apportionment shall be made hi respect of each Police Officer Member in the service of the City on such date who is not entitled to an apportionment under paragraphs A and B in the amount equal to Member's Accumulated Contributions, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned here- W under such latter amount shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. D. If there be any asset value remaining after the apportionments under paragraphs A, B, and C, apportionment shall lastly be made in respect of each Member included in paragraph C above to the extent of the Actuarial Equivalent of the non -vested accrued normal retirement benefit, less the amount apportioned in paragraph C, based on the Credited Service and Average Final Compensation as of such date, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such amounts shall be reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. E. In the event that there be asset value remaining after the full apportionment specified in paragraphs A, B, C, and D, such excess shall be returned to the City, less return of the State's contributions to the State, provided that, if the excess is less than the total contributions made by the City and the State to the date of termination such excess shall be divided proportionately to the total contributions made by the City and the State. The allocation of the Fund provided for in this subsection may, as decided by the Board, be carried out through the purchase of insurance company contracts to provide the benefits determined in accordance with this jubsection. The Fund may be distributed in one W sum to the persons entitled to said benefits or the distribution may be carried out in such other equitable manner as the Board may direct. The Fund may be continued in existence for purposes of subsequent distributions. 41 If, at any time during the first ten (10) years after the effective date of the ordinance originally establishing this System, the System shall be terminated or the full current costs of the System shall not have been met, anything in the System to the contrary not- withstanding, City contributions which may be used for the benefit of any one kJ1 of the twenty-five (25) highest paid Police -Officers Members on the effective date, whose anticipated annual retirement allowance provided by the City's contributions at Member's normal retire- ment date would exceed one thousand five hundred dollars, ($1,500), shall not exceed the greater of either a) twenty thousand dollars. t$20,000), or b), an amount computed by multiplying the smaller of ten thousand dollars f$10,000) or twenty percent (20%) of such Police Wficeir' Member's average annual earnings during his last five (5) years of service by the number of years of service since the effective date. In the event that it shall hereafter be determined by statute, court decision, ruling by the Commissioner of Internal Revenue, or otherwise, that the provisions of this paragraph are not then necessary to qualify the System under the LLL...ul RL I,...ua Code, this paragraph shall be ineffective without the necessity of further amendment of this ordinance. 4. After all the vested and accrued benefits provided hereunder have been paid and after all other liabilities have been satisfied, then and only then shall any remaining funds revert to the general fund of the City. SECTION 2t19. EXEMPTION FROM EXECUTION. NON -ASSIGNABILITY. Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this ordinance and the Accumulated Contributions and the cash securities in the Fund created under this ordinance are hereby exempted from any state, county or municipal tax and shall not be subject to execution, attachment, garnishment or any legal process whatsoever and shall be unassignable. SECTION 22 20. PENSION VALIDITY. The Board shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or 42 • 0 obtained erroneously, fraudulently or illegally for any reason. Said The Board is empowered to purge the uension rolls or correct the pension rolls amount of any person heretofore granted a pension under prior or existing law or any person hereafter granted a pension under this ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall hereafter under this ordinance be erroneously, improperly or illegally classified. Any overpayments or underpayments shall be corrected and paid or repaid in a reasonable manner determined by the Board. SECTION 23 21. FORFEITURE OF PENSION. 1. Any'.,1:,,, Officer Member who is convicted of the following offenses committed prior to Retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this System, except for the return of his Accumulated Contributions. but without interest, as of the date of termination. Specified offenses are as follows: A. The committing, aiding or abetting of an embezzlement of public funds; B. The committing, aiding or abetting of any theft by a public officer or employee from employer; C. Bribery in connection with the employment of a public officer or employee; D. Any felony specified in Chapter 838, Florida Statutes. E. The committing of an impeachable offense. F. The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself 43 or for some other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employment position. 2. Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. 3. Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. Prior to forfeiture, the Board shall hold a hearing on which notice shall be given to the Member whose benefits are being considered for forfeiture. Said Member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the Member shall be afforded a full opportunity to present his case against forfeiture. 4. Any Member who has received benefits from the System in excess of his Accumulated Contributions after Member's rights were forfeited shall be required to pay back to the Fund the amount of the benefits received in excess of his Accumulated Contributions, but without interest. The Board may implement all legal action necessary to recover such funds. SECTION 22. CONVICTION AND FORFEITURE; FALSE. MISLEADING OR k'KAUDULL+'N'1' S 1'XI'EMEN'1'S. 1 It is unlawful for a person to willfully and knowincly make. or cause to be made. or to assist. conspire with. or urce another to make. or cause to be made. anv false. fraudulent. or misleadinc oral or written statement or withhold or conceal material information to obtain linv benefit from the System. L A person who violates subsection 1 commits a misdemeanor of the first decree. punishable as provided in Section 775.082 or Section 775.083. Florida Statutes. CEl! • 3,, In addition to any applicable criminal Penalty. upon conviction for a violation described in subsection 1. a Member or Beneficiary of the Svstem may. in the discretion of the Board. be reauired to forfeit the right to receive anv or all benefits to which the person would otherwise be entitled under the Svstem. For purposes of this subsection. "conviction" mean] a determination of Quilt that is the result of a plea or trial. regardless of whether adiudicatioq is withheld. SECTION 24 2J. INDEMNIFICATION. 1. To the extent not covered by insurance contracts in force from time to time, the City shall indemnify. defend and hold harmless members of the Board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "claims", against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the Board. The City reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify. defend and hold harmless any members of the Board from the judgment, execution, or levy thereon. 2. This Section shall not be construed so as to relieve any insurance company or other entity liable to defend the claim or liable for payment of the judgment or claim, from any liability, nor does this Section waive any provision of law affording the City immunity from any suit in whole or part, or waive any other substantive or procedural rights the City may have. 3. This Section shall not apply nor shall the City be responsible in any manner to defend or pay for claims arising out of acts or omissions of members of the Board which constitute felonies or gross malfeasance or gross misfeasance in office. 45 SECTION 25 24. TRANSFERS WITHIN THE CITY. If a member of any of the City's three ) retirement systems transfers to either of the other two jZ systems, he must choose one 01 of the following procedures with regard to Credited Service accrued to date of transfer. 1. The Member may take a refund of his Accumulated Contributions, in which event no pension benefit shall be payable based on Credited Service attributable to the period covered. 2. The member may leave his Accumulated Contributions in the fund, in which event his Credited Service with both systems shall be combined for purposes of determining eligibility for benefits and for vesting. When the member is eligible to receive a benefit, he shall receive benefits from both systems, which shall consist of accrued benefits under each system based on the provisions of the respective system and the earnings and Credited Service under that system. SECTION 26 25. MILITARY SERVICE PRIOR TO EMPLOYMENT. The years or fractional parts of years that a Police Officer serves or has served on active duty in the active military service of the Armed Forces of the United States, or the United States Merchant Marine or the United States Coast Guard,, voluntarily or involuntarily, honorably or under honorable conditions, prior to first and initial employment with the City Police Department shall be added to his years of Credited Service provided that: 1. The Police Officer Member contributes to the Fund the sum that he would have contributed had he been a member of the System for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of years of Credited Service. 2. The request shall be made only once and made by the Police -Officer Member on or before twelve-(12) Q.., Lff„a:*., Dul., .,fth:,$ .,.J:.x«..%,z-or six (6) months from the date of his employment with the City Police Department; w l.:%ll V lulu,,. 46 C� • 3. Payment by the Police-6fficcr Member of the required amount shall be made within six (6) months of his request for credit and shall be made in one 0 lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section shall be four (4) years. 5. Credited Service purchased pursuant to this ,section shall not count toward vesting. SECTION 27. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS. 1. General. This Section applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. 2. Definitions. A. Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one W of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Code; and the portion of any distribution that is not includible in gross income. B. Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the Code, an individual 47 C. bm\ok\pol\03-28-OO.ord retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, or a qualified trust described in section 401(a) of the Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving Spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. Distributee: A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving Spouse is a distributee with regard to the interest of the Spouse. Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. W Uli CUi ZLIUU Uy: -b y41 tbJlbbb 0 V 1 1 Y OF UKEEC,HUSEE 40 EXHIBIT 6 - 5/2 AGENDA CITY OF OKEECI waog�E 941)763-3372 SIR Fax 941)783-low AGENDA ITEM REQUEST FORM Plemm null or bring complebd torn to. City of Ok"Chob" City Clerk's Offte 55 S.E. 3rd Avenue OkmwhobN, Florida 349T4 NAME: J. RAO L ADORESS: No `Ac x R.U- "46eC Fo6-cr. FG. 434917'3 TELEPHONE: 8l03 4Agg'S- f / 9 j" 040" MEETING: REGULAR d/ SPECIAL a WORKSHOP U 86 3 763 94,s4o puemno DATE: /%y z, zoo D PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA. Propas,d 0,4c1j,i,q,4ces Fb, Police CF'Icers' up. -,SeeEl1.1E PEnls! o.J PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR. PLEASE STATE DESIRED ACTION EY THE CITY COUNCIL. HaDDTio� Poh« i F,Q,—. A PLEASE SUMMARIZED PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPUCASLE DOCUMENTS. T%ie ROAa$,-d aXg11 ✓.gWees 1 410ds 7Xe Ilosr REeF s�AT�✓c Z4 fkld i Ti o .,r T Propo se cl 4E,dS,O�J vsr" Fu,.rd %dc%dcs a � FT N'T AfF o,M l0 Tip �, ,,qw roV/dis Fbr /A.✓NtJGt� PRESENTATION IS TO MADE CH �Q,�SENTATion/ 'To `'� �lA�- !6Y 8E /, HOW" MUCH TIME WILL BE REQUESTED? o-��r SIGNED Dlf: �( CG DATE: d11-;'16 0 ORDINANCE NO. IQ AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE RESTATED CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, AS ADOPTED BY ORDINANCE NO. 656, AS SUBSEQUENTLY AMENDED; PROVIDING FOR DEFINITIONS • PROVIDING FOR MEMBERSHIP; PROVIDING FOR ABOARD OF TRUSTEES; PROVIDING FOR FINANCES AND FUND MANAGEMENT; PROVIDING FOR CONTRIBUTIONS; PROVIDING FOR BENEFIT AMOUNTS AND ELIGIBII/TY; PROVIDING FOR PRE -RETIREMENT DEATH BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF B + + S; PROVIDING OPTIONAL FORMS OF BENEFITS • PROVIDING FOR BENEFICIARIES; PROVIDING'; CLAIMS PROCEDURES; PROVIDING FOR REPORTS TO THE DIVISION OF PROVIDING FOR A ROSTER OF RETIREES- DELETING BOARD ATTORNEY AND PROFESSIONALS; PROVIDING FOR A MAXMUM PENSION LIMITATION; PROVIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS; PROVIDING FOR REPEAL OR TERMINATION OF THE SYSTEM; PROVIDING FOR EXEMPTION FROM EXECUTION AND NON-ASSIGNABIITY; PROVIDING FOR PENSION VALIDITY; PROVIDING FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR CONVICTION AND FORFEITURE FALSE MISLEADING OR FRAUDULENT SR ; PROVIDING FOR INDEMNIFICATION AND DEFENSE OF CLA]M[S; PROVIDING FOR TRANSFERS Wr=14 THE CITY; PROVIDING FOR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PR,' FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; DELETING SEPARATION FROM EMPLOYMENT FOR MILITARY SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABII/TY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee Firefighters are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee and; WHEREAS, the City Council desires to clarify and restate the provisions of the Firefighters' Retirement Plan to consolidate all prior ordinances and Code provisions and to incorporate Federal law and the current applicable provisions of Chapter 175, Florida Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1: That the City of Okeechobee Retirement System for Firefighters as adopted by Ordinance 656 and as subsequently amended, be and the same is amended and restated as set forth in the document designated CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, attached hereto and made a part hereof. SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5: That this Ordinance shall become effective upon adoption, except provisions for compliance with Chapter 175, Florida Statutes, shall be effective retroactively to December 31, 1999. Introduced on first reading and set for public hearing this lil ATTEST: CITY CLERK MAYOR Passed on second and final reading this day of MAYOR ATTEST: CITY CLERK 111 day of TABLE OF CONTENT'S SECTION PAGE DEFINITIONS NUMBER 1 MEMBERSHIP 4 BOARD OF TRUSTEES 4 FINANCES AND FUND MANAGEMENT b CONTRIBUTIONS 12 BENEFIT AMOUNTS AND ELIGIBILrrY 13 DEATH BENEFITS 14 DISABILITY 15 VESTING 23 OPTIONAL FORMS OF BENEFITS 24 BENEFICIARIES 27 CLAIMS PROCEDURES 28 REPORTS TO DIVISION OF RETIREMENT 28 ROSTER OF RETIREES 29 MAXIMUM PENSION 30 DISTRIBUTIONS OF BENEFITS 33 MISCELLANEOUS PROVISIONS 34 REPEAL OR TERMINATION OF SYSTEM 35 EXEMPTION FROM EXECUTION, NON -ASSIGNABILITY 38 PENSION VALIDITY 38 FORFEITURE OF PENSION 38 CONVICTION AND FORFEITURE- FALSE, MISLEADING OR FRAUDULENT STATEMENTS' INDEMNIFICATION TRANSFERS WITHIN THE CITY MILITARY SERVICE PRIOR TO EMPLOYMENT DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS 40 40 41 41 42 CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND 1. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accumulated Contributions means a Member's own contributions with interest at the rate of five and one -quarter percent (5-1/4%) per annum. For those Members who purchase Credited Service at no cost to the System pursuant to Sections 25 and-26, only that portion of any payment representing the sum that he would have contributed had he been a Member of the System for the years for which he is requesting credit, shall be included in Accumulated Contributions. a.aV.aaaJ 1aV L'a.a�,loyee-R.L......,,..1 L.V..Y..V ►rj.......t j Aa .rf 1994 f . 93- 406) as arymnled by ft 1iYY VYYavaa� IJ Yat� Act of 1984 . 39 i') VUJLJ yia' JL%.g U a.;Wj[JLJ ;JJ4Va fl..v.A.. L �+w�W dnda`af Y4a�aV►4 �aHJV a.V�', 4aaa`a'V YlJ Jl afW Vv M►aavaYlaVY• Actuarial &uivalenl 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 cigW r n (8 %) interest and the 1983 Group Annuity Mortality Table for Males. Average Final CQ=nsation means one -twelfth (1/12) of the average Salary of the five (5) best years of the last ten (10) years of Credited Service prior to retirement, termina- tion, or death, or the career average as a full-time Firefighter, whichever is greater. A year shall be twelve (12) consecutive months. Beneficiary means the person or persons entitled to receive benefits hereunder at the death of a Member who has or have been designated in writing by the Member and filed with the Board. If no such designation is in effect, or if no person so designated is living, at the time of death of the Member, the Beneficiary shall be the estate of the Member. 1 • • Board means the Board of Trustees, which shall administer and manage the System herein provided and serve as trustees of the Fund. C& means City of Okeechobee, Florida. Code means the Internal Revenue Code of 1986, as amended from time to time. Credited Service means the total number of years and fractional parts of years of service as a 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 Contributions in the Fund for a period of five (5) years after leaving the employ of the Fire Department pending the possibility of being reemployed as a Firefighter, without losing credit for the time that he was a Member of the System. If the a vested Member leaves the employ of the Fire Department, his Accumulated Contributions will be returned Q* upon his written request. If a Member who is not vested is not reemployed as a Firefighter with the Fire Devaranent within five (2 ym. his Accumulated Contribu lions shall be returned. Upon return of ius a Member's Accumulated Contributions, all of his rights and benefits under the System are forfeited and terminated. Upon any reemployment, a Firefighter will ;b" not receive credit for the years and fractional parts of years of service for which he has withdrawn his Accumulated Contributions from the Fund, unless the Firefighter repays into the Fund the contributions he has withdrawn, with interest, as determined by the Board. within njaW (90) days after his reemployment. N :rhe Member is entitled to reemWQymcnLundcLb&XXQyidDn&gLllM (iJSERRA). (P.L.103-353). CL The maximum credit for milit= service pursuant to this pmEmph shall be five fictive Dattr means th. Ja. Lth-dus �J".....,XI L1:'.11- Eimfift means an actively employed full -tune person employed by the City, including his initial probationary employment period, who is certified as a Firefighter as a condition of employment in accordance with the provisions of §633.35, Florida Statutes, and whose duty it is to extinguish fires, to protect life and to protect property. Fund means the trust fund established herein as part of the System. ember means an actively employed Firefighter who fulfills the prescribed rl:IIAr..L:.,.. membership requirements. Benefit improvements which, in the past, have been provided for by amendments to the System adopted by City ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to Members who terminate employment or who retire prior to the effective date of any ordinance adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Plan Rear means the twelve (12) month period beginning October 1 and ending September 30 of the following year. Rett ee'r means a Member who has entered Retirement Status. Retirement means a Member's separation from City employment with eligibility for immediate receipt of benefits under the System. Sal= means the basic compensation paid by the City to a Member, plus all tax deferred, tax sheltered and tax exempt items of income derived from elective employee payroll deductions or salary reductions otherwise includible in basic compensation. Compensation in excess of the limitations set forth in Section 401(a)(17) of the Code shall be disregarded. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible KI • • employee" is an individual who was a Member before the first plan year beginning after December 31, 1995. S12ouse means the lawful wife or husband of a Member or Retiree at the time of yLV 1V 1Vl.�Vll� IVktll Vi 1%4" ..,L: benefits become payable. ,system means the City of Okeechobee Municipal Firefighters' Pension Fund as contained herein and all amendments thereto. 2. Masculine Gender. The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine and masculine genders. SECTION 2. MEMBERSM. 1. Conditions of Eligibffity. A. All Firefighters as of the Effective Date, and all future new Firefighters, shall become Members of this System as a condition of employment. B. All future new Firefighters shall be required to complete a medical examination as prescribed by the City. 2. i n n �f enefiriq Each Firefighter shall complete a form prescribed by the Board providing for the designation of a Beneficiary or Beneficiaries. tll.1V tV till.V J11"A16V I.:J 1�J.�.l.l1A��'v.:✓TiV.LF:' L� .,,L.itVl: iYi/aavv do rigifts of tVIhCr t Y�/Vll iV�1l1J �JLV ILd by ,...J. Ujv... N4J. Vll{ll1f, V, ilaV 1 J1 \J M.JY� .1'VJY�' lYLW4 YV1l Vli Vil.liVJ iV 1 VVV1� V {:Y l� L 1/YY�V�� YlJe t o ►%y Ji Via.shacem. SECTION 3. BOARD OF TRU ' M . 1. The sole and exclusive administration of and responsibility for the proper operation of the System and for making effective the provisions of this ordinance am k hereby vested in a Board of Trustee. The Board of T-k .%*(.= is hereby designated as the plan administrator. The Board of Ts...,t...,J shall consist of five (5) Trustees, two Q of whom, unless otherwise prohibited by law, shall be legal residents of the Cy, who shall be appointed by the Okeechobee City Council, and two 2) of whom shall be hull -time Firefighter Members of the System, who shall be elected by a majority of the Firefighters who 4 LJ U are Members of the System. The fifth Trustee shall be chosen A,. a t..., �2) .1 L...: by a majority of the previous four i4) Trustees as provided for herein, and such person's name shall be submitted to the Okeechobee City Council. Upon receipt of the fifth person's name, the Okeechobee City Council shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the same rights as each of the other four fA) Trustees appointed or elected as herein provided and shall serve a two (2) year term unless the-of1i.,., :a s,,,,..,,.. "%-"L1....3 ..u..v o....vv he sooner vacates the office. Each resident Trustee shall serve as Trustee for a period of two (2) years, unless bg sooner vacates the office or is sooner replaced by the Okeechobee City Council at whose pleasure the jtg shall serv.,, .....1 ....y ouzeed lifinself .w .. T1.L%;. Each Firefighter �r get Trustee shall serve as Trustee for a period of two (2) years, unless he sooner leaves the employment of the City as a Firefighter or otherwise vacates his office as Trustee, whereupon a successor shall be chosen in the same manner as the departing Trustee. Each rL L,61.,t... Trustee may succeed himself in office. The Board shall establish and administer the nominating and election procedures after each election. The Board „1 Ti...,h,.,,, shall meet at least quarterly each year. The Board o? Ti ..."-s shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. 2. The Trustees shall, by a majority vote, elect a Chairman and a Secretary. The Secretary of the Board shall keep a complete minute book of the actions, proceedings, or hearings -of the Board. The Trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law. 3. Each Trustee shall be entitled to one LU vote on the Board. Three (3) affirmative votes shall be necessary for any decision by the Trustees at any meeting of the Board. A Trustee shall have the right to abstain from voting as the result of a conflict of interest provided that Trustee complies with the provisions of Section 112.3143, Florida Statutes. 4. The Board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the System. The compensation of all persons engaged by the Board and all other expenses of the Board necessary for the operation of the System shall be paid from the Fund at such rates and in such amounts as the Board shall agree. 5 • t L. .� _ • • � .. • • t . _ • • • • t 1 •. " Ott '-t'� • t • � • t •. • r._ � • t : • . • 5. The duties and responsibilities of the Board shall include, but not necessarily be limited to, the following: A. To construe the provisions of the System and determine all questions arising thereunder. B. To determine all questions relating to eligibility and membership. C . To determine and certify the amount of all retirement allowances or other benefits hereunder. D. To establish uniform rules and procedures to be followed for adminis- trative purposes, benefit applications and all matters required to administer the System. E. To distribute to Members, at regular intervals, information concerning the System. F. To receive and process all applications for membership and benefits. G. To authorize all payments whatsoever from the Fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the System and Fund. H. To have performed actuarial studies and valuations, at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the System. I. To perform such other duties as are required to prudently administer the System. 4. FINANCES AND FUND MAN&GEMENI. Establishment and Ooeration of Fund. 1. As part of the System, there exists the Fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the System. C • • 2. The actual custody and supervision of the Fund (and assets thereof) shall be vested in the Board. Payment of benefits and disbursements from the Fund shall be made by the disbursing agent but only upon written authorization from the Board. 3. All funds of the Municipal Firefighters' Pension Fund may be deposited by the Board with the Finance Director of the City, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safekeeping of funds for the City. However, any funds so deposited with the Finance Director of the City shall be kept in a separate fund by the Finance Director or clearly identified as such funds of the Municipal Firefighters' Pension Fund. In lieu thereof, the Board shall deposit the funds 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 shall conform to and be bound by all of the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment responsibilities as set forth herein, the Board may retain the services of a custodian bank, an investment advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the Board, in the investment of all Fund assets. 4. All funds and securities of the System may be commingled in the Fund, provided that accurate records are maintained at all times reflecting the financial composition of the Fund, including accurate current accounts and entries as regards the following: A. Current amounts of Accumulated Contributions of Members on both an individual and aggregate account basis, and B. Receipts and disbursements, and C. Benefit payments, and D. Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to contributions and deposits from the City, and 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. 7 • • S. An audit shall be performed annually by a certified public accountant for the most recent fiscal year of the Eity System showing a detailed listing of assets and a statement of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a com- plete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. 6. The Board shall have the following investment powers and authority: A. The Board shall be vested with full legal title to said Fund, subject, however, and in any event to the authority and power of the Okeechobee City Council to amend or terminate this Fund, provided that no amendment or Fund termination shall ever result in the use of any assets of this Fund except for the payment of regular expenses and benefits under this System, except as otherwise provided herein. All 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 with life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the Members in the Fund shall be entitled under the provisions of this System and pay the initial and subsequent premium thereon. (2) Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund or a savings/building and loan association insured by the Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose 8 share accounts are insured by the National Credit Union Share Insurance Fund. (3) Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States or by an agency of the government of the United States. (4) Bonds issued by the State of Israel. (5) Stocks, commingled funds administered by national or state banks, mutual funds and bonds or other evidences of indebted- ness, provided that: (a) Except as provided in paragraph (b), all individually held securities and all securities in a commingled or mutual fund must be issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia. (b) Up to ten percent (10 %) of the assets of the Fund may be invested in foreign securities. (c) The Board shall not invest more than five percent (S %) of its assets in the common stock, capital stock, or convertible securities of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent (5 %) of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock and convertible securities at cost exceed sixty percent (60 %) of the assets of the Fund. (6) Real estate, provided the Board shall not invest more than ten percent (10%) at cost in real property or real estate. At least once every dime 3) y ae_sr.. and more often as determiner) by the Board, the Board shall retain a professionally qualified .independent 9 consultant. as defined in Section 175,071, Florida Statutes, to evai_uate the performance of all current investment managers and make commendations regarding the retention of all such investment managrgs. These recommendations shall be considered by the Board at ip next regulaTcheduled meeting,, The Board may retain in cash and keep unproductive of income such amount of the Fund as it may deem advisable, having regard for the cash requirements of the System. E. Neither the Board 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 diminishment of the Fund, except that due to his or its own negligence, willful misconduct or lack of good faith. F. The Board may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. 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, 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 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. S I: L L: M. The Board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. Where any action which the Board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as Trustee under this ordinance, can reasonably be taken or performed only after receipt by it from a Member, the City, or any other entity, of specific information, 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. Any overpayments or underpayments from the Fund to a Member, Retiree or Beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board in such a manner that the Actuarial Equivalent of the benefit to which the Member, Retiree or Beneficiary was correctly entitled, shall be paid. Overpayments shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the Fund in a prudent manner. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits provided for herein. 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. 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 11 over the acts of any such agent; provided further, that legal title to said Fund shall always remain in the Board. "V-s s $R 1. Member Contributions. A. Amount. Enh Members of the System shall be required to make regular contributions to the Fund in the amount of five percent (5 %) of his Salary. Member contributions withheld by the City on behalf of the Member shall be deposited with the Board at L,..,,1......;hlp immediately after each ply Period. The contributions made by each Member to the Fund shall be designated as employer contributions pursuant to §414(h) of the Itevenue Code of 198 . Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of the System, such contributions shall be considered to be Member contributions. B. Method. Such contributions shall be made by payroll deduction. 2. State Contributions. Any monies received or receivable by reason of laws of the State of Florida, for the express purpose of funding and paying for retirement benefits for Firefighters of the City shall be deposited in the Fund comprising part of this System immediately and under no circumstances more than five (5) days after receipt by the City. So long as this System is in effect, the City shall make quarterly contributions to the Fund in an amount equal to the difference in each year, between the total aggregate Member contributions for the year, plus state contributions for such year, and the total cost for the year, as shown by the most recent actuarial valuation of the System. The total cost for any year shall be defined as the total normal cost plus the additional amount sufficient to amortize the unfunded past service liability L. t., (K: , r... r.,.:„ 3. ......:.........;,,� ..:Q. Q.., Ti.., .d �.....:....1.:.,1. tl... l✓lt..,,l:., Hat.. „f il.:,, i�.,1�... as Rmide-d in Part 3M of Chant re 112, Florida Statutes. 12 Private donations, gifts and contributions may be deposited to the Fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds arising from these sources may be used only for additional benefits for Members, as determined by the Board, and may not be used to reduce what would have otherwise been required City contributions. A Member's normal retirement date shall be the first day of the month coincident with, or 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 twenty-five (25) 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 one hundred percent (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 hereunder on or after his normal retirement date shall receive a monthly benefit which shall commence on the first day of the month next following his Retirement and be continued thereafter during the Member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal three percent (3 %) of Average Final Compensation, for each year of Credited Service. 3. 1W X Retirement Dak. 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 (50) 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. 13 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-h„ mental a Ti.,,L6lYi,,. Ldetermin_ed based upon his actual_ X= of credited service, 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,4etermined based uvon his actual years of Credited Service. 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 three percent (3 %) for each year the commencement of benefits precedes the date which would have been the Member's normal retirement date had he continued employment as a Firefighter. The Beneficiary of a deceased Member who was not receiving monthly benefit payments, or who was not yet vested or eligible for retirement shall receive a refund of one hundred percent (100%) of the Member's Accumulated Contributions. Any Member, whether or not still actively employed, who has a right to a vested accrued benefit, shall be eligible for a death benefit if he dies before collecting any other benefits from this System. The amount of the death benefit shall be equal to fifty percent 14 (50%) of the actuarially equivalent single sum value of the Member's vested accrued benefit, or his Accumulated Contributions, whichever is greater. If this single sum value is less than $3,5W five thousand dollars ($.=, it shall be paid in a lump sum. If the value exceeds '$3,500 Five thousand dollars ($j,=, the Beneficiary may elect payment under any of the optional forms available for retirement benefits or a lump sum payment. If a Member is eligible for early or normal retirement, but remains in employment and dies while so employed, the death benefit shall be determined as follows: It shall be assumed that such deceased Member had retired immediately preceding his date of death and elected the Ten Year Certain and Life Thereafter option. However, the death benefit shall be equal to fifty percent (50 %) of the actuarially equivalent single sum value of the Member's vested accrued benefit, if larger than the Ten Year Certain and Life Thereafter option, described earlier in this Section. 1. Disability Benefits In -Line of Duty. 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 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 persons, either vested or non -vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. 2. In -Line of Duty Presumptions. 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 Me shall have successfully passed a physical examination upon entering into such service, .7 ...1 , ,1;� 1 16 15 txi.,�......, which examination failed to reveal any evidence of such condition; and provided further, that such presumption shall not apply to benefits payable or granted in a policy of life insurance or disability insurance. B. Additional Presumption. The presumption provided for in this subpara- graph B. shall apply only to those conditions described in this 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, 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. 16 E • (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; 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. 17 (2) presumption. Any emergency rescue or public safety Member who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the Member must, by written affidavit as provided in Section 92.50, Florida Statutes, verify by written declaration that, to the best of his knowledge and belief: (a) In the case of a medical condition caused by or derived from hepatitis, he has not: i. Been exposed, through transfer of bodily fluids, to any person known to have sickness or medical conditions derived from hepatitis, outside the scope of his employment; I Had a transfusion of blood or blood components, other than a transfusion arising out of an accident or injury happening in connection with his present employment, or received any blood products for the treatment of a coagulation disorder since last undergoing medical tests for hepatitis, which tests failed to indicate the presence of hepatitis; Engaged in unsafe sexual practices or other high - risk behavior, as identified by the Centers for Disease Control or the Surgeon General of the United States or had sexual relations with a person known to him to have engaged in such unsafe sexual practices or other high -risk behavior; or 18 • • iv. Used intravenous drugs not prescribed by a physician. (b) In the case of meningococcal meningitis, in the ten (10) 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. (c) In the case of tuberculosis, in the period of time since the Member's last negative tuberculosis skin test, he has riot 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 presunip- 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 immunization or prophylaxis unless the Member's physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the Member's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety Member to undergo such immunization or prophylaxis disqualifies the Member from the benefits of the presumption. (4) Record of F,=sures. 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 19 • 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. entitled to the presumption provided by this section: (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. 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. Any Member with five (5) or more years of Credited Service who shall become totally and permanently 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 determined in the same manner as for early retirement as set forth in Section 6, subsection 4B, providing for an actuarial reduction. Terminated persons, either vested or non -vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. . -.1 WITI.P. --a _!. a M._ M_t: ! . Each Firefighter who is claiming disability benefits shall establish, to the satisfaction of the Board, that such disability was W occasioned primarily by: 20 • A. Excessive or habitual use of any drugs, intoxicants, or zaeohol narcotics. B. Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections- 1C. LiJasi j v, al.J✓u.r✓ Ja.JaN.a.Vvt gr while committing a crime. $: -C, Injury or disease sustained while serving in any branch of the Armed Forces. E: D, Injury or disease sustained by the Member after his employment as a Firefighter with the City Okeechobee shall have terminated. T. i�tal, t�kl1lV11 Vl 111�114U1� 1111VVVl►�i �y V.yy i:V�ly�V.a✓V V� the G. �L(:;...j ..,...J VYlVY �Wll d.V CiLy YllJ iY1V111� VYL %irOUJIL VY..r1V'a::✓.tl: II. A V'V.:,i:t:.,::,.. ✓ ✓.►:.JraYat1:V T:. V1:�1.6✓. "., Y.l.✓a.allva.►l.:r :aa th. M„aa.L ✓. Ja.l. ll L w 'VlXded L " 1:4441 -&J yL11,11:Vll, VV LL, Il:..L .:a. r..W J 1Y1., d. .4 L.AV VL 11.Lj, bLVILYJV Vi Lox ��YVJJ`V d1V N9,6aNqNLVaa 'Vi N JrVVYily aaaJ YY J�, .1.W"LILlilVllL V. VLhv. aaaV�a'1VY�%. 11 / y�yaa FYV Lt4Ja.a.�', Y� YaV ►.aaYV Vf vYJlllr ... tha `jJ Yf.v.aa, y. V 14Li4 4aGl JY V�a ra'V VI►aJ�a� V VYa�a�Uaa .all' .IlJ Y. J�, .111�J(11.111V11� V. Y✓. .aaV 4..d ..AAJition L✓ ✓J1NLiishe1}dy,-L,� VUlaI�J VVVllI JYLJIN.I;:.1 ✓ �:1iv::VV. �Tu�.u:� lY.V. V.Yi� JhaB LV VV..J4 YVY W �/YVVV N Z.J 1t.1 �/VLY}.Vll V.aaVVl Y�liV, anY.✓aa.L v. Jlaar la. iJ.V {'�`��V�11�`1, IfY1LLlV 1'Lll UAJYly or tidier ..�✓�.VNl VV11Y.�Vll �1�i VY'✓aa�11 V111 Y1V111V V'J1Vl i1}l.JY/J,;-xjp{l.illx,.a A, Lox l V ��.:... VA.J�.� Kt VY �/.YVl 1V J,L:l ....... L'V.ship.- 5. Physical Examination Reauirement. A Member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the Board for that purpose. The Board shall not select the Member's treating physician or surgeon for this purpose except in an unusual case where the Board determines that it would be reasonable and prudent to do so. 21 • Any Retiree receiving disability benefits under provisions of this ordinance may be periodically re-examined by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the Board, to determine if such disability has ceased to exist. If the Board finds that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Firefighter, the Board shall recommend to the City that the Retiree be returned to performance of duty as a Firefighter, and the Retiree so returned shall enjoy the same rights that .. Im had at the time he was placed upon pen- sion. In the event the Retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, Member hQ shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Member claiming or the Retiree receiving disability benefits shall be borne by the Fund. All other reasonable costs as determined by the Board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund. If the Retiree recovers from disability and reenters the service of the City as a Firefighter, his service shall be deemed to have been continuous, and the period for which Member received a disability retirement income shall be Credited Service for purposes of the System. If the Firefighter fails to reenter the service of the City as a Firefighter within thirty (30) days from the date the Board determines that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Firefighter, the Member's future benefits shall be determined as though he initially terminated employment on the date the Board determined that he was permanently and totally disabled to the extent that he was unable to render useful and efficient service as a Firefighter. The Board shall have the power and authority to make the final decisions regarding all disability claims. The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall be payable on the first day of the first month after the Board deter- mines such entitlement. However, the monthly retirement income shall be payable as of the date the Board determined such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment will be: 22 • u A. If the Retiree recovers from the disability prior to his normal retirement date, the payment due next preceding the date of such recovery, or B. If the Retiree dies without recovering from disability or attains his normal retirement date while still disabled, the payment due next preceding his death or the 120th monthly payment, whichever is later. Provided. however. the disgbility Retiree may select, at anv tingznrior to the date 10, subsection LA. or I.B., ch shall be the Actuarial F4.uivalent gf the n form When a Retiree is receiving a disability pension and workers' compensation benefits pursuant to Florida Statute Chapter 440, for the same disability, and the total monthly benefits received from both exceed 100 % of the Member's average monthly wage, as defined in Chapter 440, Florida Statutes, the disability pension benefit shall be reduced so that the total monthly amount received by the Retiree does not exceed 100 % of such average monthly wage. The amount of any lump sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten (10) Years Certain by dividing the lump sum amount by 83.9692. Tl.:.2 ,...L.,.,.,1:.... 7 a ;. ll ,.J., L. rrL'.,..LIa-to-th., ,,,.L.4 A &. J ..J.-:..l..L Ow .......,......,,,,..:.,,...,,,...1�-of-E-1,�rl�,� lorid.:.ri141..1.,y, ...� u....,..dtd 1i,.... 1:..., t.. t:...... Notwithstanding the foregoin- in no event shall the disability pension benefit be reduced below the greater of foba-two percent l42%-1 of Average Final Compensation and two percent (2%) pf Average Final Compgnsation times vears of Credited Service, SEMON 9. VESTINQ. If a Member terminates his employment widt . Ti.., as a Firefighter, either voluntarily or by discharge, and is not eligible for any other benefits under this System, dig Member shall be entitled to the following: 1. If the Member has less than ten (10) years Credited Service upon termination, the Member shall be entitled to a refund of his Accumulated Contributions or the Member may leave it deposited with the Fund. 23 • • 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 Service, provided he does not elect to withdraw his Accumulated Contributions and provided the Member survives to his otherwir, normal or early retirement date. If the Member does not withdraw his Accumulated Contributions and does not survive to his otherwise normal or early retirement date, his designated Beneficiary shall be entitled to a benefit as provided herein for a deceased Member, vested or eligible for Retirement under Pre -Retirement Death. 3. Any vested Member of the System whose position is terminated, for whatever reason, but who remains employed by the City in some other capacity, shall have all retirement benefits accrued up to the date of such termination under this System preserved, provided he does not elect to withdraw his Accumulated Contributions from this System. Such accrued retirement benefits shall be payable at his otherwise early (reduced as for early retirement) or normal retirement date hereunder, or later, in accordance with the provisions of this System; provided further, however, that benefits shall not be payable under this System during any period of continued employment by the City. 1. In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified herein, a r. e'Lt— Me , upon written request to the Board may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options: A. A retirement income of a modified monthly amount, payable to the Mend r Retiree during the lifetime of the Member Retiree and following the death of the Member, one hundred R=nt (100 %1, seven -five Vcrce1 (75 %1, six -six and two-thirds Ot (66 2/3 %) or fft percent (50%) of such monthly amount payable to a joint pensioner for his lifetime. Except where the Retiree's joint pensioner is his Spouse, 24 0 11 the present value of payments to the Retiree shall not be less than fifty percent (50%) of the total present value of payments to the Retiree and his joint pensioner. B. A retirement income of a modified monthly amount payable to the Retiree for his lifetime only. C. If a Member retires prior to the time at which social security benefits are payable, he may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the entire period of retirement. The amounts payable shall be as recommended by the actuaries for the system, based upon the social security law in effect at the time of the Member's retirement. This option may be combined with other optional forms of benefits. 2. The fighter Member, upon electing any option of this Section, will designate the joint pensioner (subsection I.A. above) or Beneficiary (or Beneficiaries) to receive the benefit, if any, payable under the System in the event of Member's death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one jU) or more primary Beneficiaries where applicable. A Member may change Ilis Benefi�y a_ t any time. If a Firefighter Member has elected an option with a joint pensioner or(J Vaa„1'iL:YI� and 9m Member's retirement income benefits have commenced, �g Member may thereafter change his designated i Vallt rV..`,.:Vl .,..,. Be11el.V,a.l) , LYi wjLJy I the •�vJa ,a.la�v� D—.ivla'V;&"J} JVA"Jeceases r Vl Vl 11 {r.fV .. VJa�aaK.a�'V1 IIVaaV11Va{al' tua� Mely V. Y1'Y1V lllYlil'VY "t tllllV Vi MVaa,.f�iV `., a �,Ya Vul'Vli� rill l� V1 VV4 YY�JVY4 Vai� {�l�il� P�dV1 I..., V i Va, aaa 1aV 'V i Vaa� .aawi N 1'►fetti .lJ VL 1lVa JVJa�ai"L.1 D...f.VJIII' lllNlY than Benefidaa at any time but may change his joint pensioner twice. Subject to the restriction in the urevious sentence. a Member may substitute a new Joint ng=r for a deceased joint pensioner. • • 3. The consent of a Bumfighter's Member or Retiree's joint pensioner or Benefi- ciary to any such change shall not be required. The rights of all previously -designated Beneficiaries to receive benefits under the System shall thereupon cease. 4. Upon change of a -!Lb D,,.=.,fi.,:...y ... Retiree's joint pensioner in accordance with this ,section, the-Board-sMI aJ;...t the-M.,...L.,.%, ..a.,..i11� L,,,.-JiL Ly .,t...,t.....:.1 V.1V..L.I ,...., t., ..w...V the amount of the retirement income gayable IQ the Retiree shall be actuarially redetermined to take into account the age of the former join uensioner. the new joint pnsioner and the Retiree and to ensure that the benefit paid is the Actuarial Equivalent of the Member's then -current benefit at the time of the chw=. Any such Member Retiree shall pay the actuarial recalculation expenses andvh"I .:...1.,, _ Wr «.r ....,,...tOfanp Each request for a change will be made in writing on a form prepared by the Board and on completion will be filed with the Board. In the event that no designated Beneficiary survives the Retiree, such benefits as are payable in the event of the death of the Firefighter Retiree subsequent to his Retirement shall be paid as provided in Section 11. 5. Retirement income payments shall be made under the option elected in accordance with the provisions of this Section and shall be subject to the following limitations: A. If a i'i.,,L& .,. Member dies prior to his normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under Section 7. B. If the designated Beneficiary (or Beneficiaries) or joint pensioner dies before the Eirefighter's Member's Retirement under the System, the Option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the upon his Retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this Section or a new Beneficiary is designated by the FL -fie U. . Member prior to his Retirement and ..:d.:....:.. -i (9Q)-t«y Jt.. .,.,.,fi,. -., . 26 C. If both the retired ri-u1'.&ldar Retiree and the Beneficiary (or Beneficiaries) designated by Member or Retiree die before the fiill payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provisions of subsection 1, the Board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 11. D. N a Firefighter Member continues beyond his normal retirement date pursuant to the provisions of Section 6, subsection 1, and dies prior to his actual retirement and while an option made pursuant to the provisions of this Section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a Beneficiary (or Beneficiaries) designated by the Fireftghber Member in the amount or amounts computed as if the Firefighter Member had retired under the option on the date on which his death occurred. 6. A Firefighter may not change his retirement option after the date of cashing or depositing his first retirement check. 7. Notwithstanding anything herein to the contrary, the Board in its discretion, may elect to make a lump sum payment to a Member or a Member's Beneficiary in the event that the mon h y benefit amount is less than one hundred dollars ($1�_00.QQ) or the total commuted value of the remaining monthly income payments to be paid do not exceed Tlmee JU Ihousand 11,- Ihmdred dollars ($3,500.00) ($5.000.00). Any such payment made to any person pursuant to the power and discretion conferred upon the Board by the preceding sentence shall operate as a complete discharge of all obligations under the System with regard to such Member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. 1. Each Ti:Member or Retiree may, on a form provided for that purpose, signed and filed with the Board, designate a Beneficiary (or Beneficiaries) to receive the benefit, if any, which may be payable in the event of his death,.; and Each designation may be 27 revoked or changcd by such Firefighter Member or. Retiree by signing and filing with the Board a new designation -of -beneficiary form. ITpon such change, the rights of all previously designated Beneficiaries to receive anv benefits under the System shall cease 2. If a deceased Firefrghiet fails Member or Retiree failed to name a Beneficiary in the manner prescribed in jubsection 1, or if the Beneficiary (or Beneficiaries) named by a deceased Firefighter Member or Retiree predeceases the Firefighter Member or Retiree, the death benefit, if any, which may be payable under the System with respect to such deceased Firefighter Member or Retiree, shall be paid to estate of the Firefighter Member or Retiree and the Board, in its discretion. may direct that the commuted value of the remaining monthly. income benefits be paid in a lump sum. complete discharge of all obligations under the System with regard to the deceased MPmI,E•r and any other persons with rights under the System and shall not be subject to review by anvone but shall be final, bindin_g_and conclusive on aU persons ever interested hereunder. 1. The Board shall establish administrative claims procedures to be utilized in processing written requests ("claims"), on matters which affect the substantial rights of any person ("Claimant"), including Members, Retirees, Beneficiaries, or any person affected by a decision of the Board. 2. The Board shall have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and at any proceedings provided for in the Board's claims procedures. The Claimant may request in writing the issuance of subpoenas by the Board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in Florida Statutes. SECTION 13. REPORTS TO DI MION OF RE FMFNT, Each year and no later than March 15th, the C-L.L....,... , fthe Board shall file as report with the Division of Retirement containing the full„. L.&: documents and information required by Section 175.261. Florida Statutes, 1. ��I.V+YIVl 111 �k V �1�' iJ 111 VVllll/ll({ilVV VV1"1V k/1V V1.UUARO Ut CIULVL%,l 1 5-, I rjtabflw. 28 i. A✓v:1:1:..� v r.t ✓rr. ✓. I�� u�N'VVVN....G, fu. Y.V ...VU� 1'VVaI..� rYJV�, VK. Vi ulV c.a,' wrind'„,, ✓a.d'Va.Lauditip j 4 bNlrLlaly pV VV{�N�ar�{Kla� JY1"%.A*A'VJyly Di. /J1V Lp 1f 1 w/' - w..xwa_.L) � 1— ov"lb K uV�u iiJ�lb' VL l{.)Ljp Y taaau YaaVN.WJ NJW ..viY.. KaJ M JllaWaaYVara Vl i41 :..✓,....✓w..W 1.JL .a.J✓a.t✓.t.l., da..:.. thCyCw�. S..t.1.:Y.✓.....V wad JU taxJ✓.a.✓arw 4h&U L VY VVU.. JA widt 0 4.,,.,.4._ ..L-d. L'✓b,....,a.b wJ V111 U1-&W 3 • A JL"`<04..J tl.1A.t daV ...aar, uaV 1lµ&A V. Ua Taa N11611L1J-on-thV LA V\/ %J daV caj , tl.✓ uaV tJ,JLlaa, d.. ....a.LVY ..f Ti.Vragla�V1.! ...✓'_ �,.�1 , KVVV.taaaa`, to-daa. Lw"-vVal.f Ail daVia L,:aar, iau.L'�y, waJ daV a&"jL&Xv ..f l.CvauVVJ wad uavia �'✓aa,VfiV:waVJ !• V..Ja U.. rK, —✓...L wad u.V w.a'Ua.aa{J Ul iUUMAl a aaa ✓..ay.ra Ya.v'u..l;✓ uY r VUJYu.. p K, ...V..� LVaaaE, a V N Va l J by-dtcm: • A-st,,-4 ✓a..Y. ✓a.l. V1 Y1iV M4.•..., 11 Wall the t ity aaK.j N—L aV µt-1 L. thV 1 Na.J for d preceding pl(.aa , VKa, "RAJ Niv tNaiu—I N.V L1LJ YY111 'VV11LL1YL Lu N.V TYl111 LAIL.1 6't.i1V1A �Jl.all �'VKa 5. ll {4.L1 LVaI.VrY�tla'V.taJYaV�IK V�J1.Il1lVaV�aI.JNaw.VV VVttI�I.{al,'y..V iVlJ Na� .%J"L.a,a..,'�.,y Vf�IY„ :..JNa„1 L.,.,,,fL to-tl'.✓ L ✓x,,XL J �IY'.l 1 r'1„d-bp-this -- VY L.wa'VV• TI.aJ.Vl. UlL..11 all 'V 'VUarKYll Laa'Ul11liLLLt thV aaaJNY'va, LMJi.► Vfra'V.aYNYaIYK�J, n2wta lity tabl..:..L.A....t..sand-method benefits. b. ThV Ka.&"."I . f uav J, JL.a1a ".a ra U l ldad A. aa. J . 5N.,h ' II t""I;wal J1.2�-b vQr. ✓r Ki V.0 LT' .,aa. V..a VHcd tsVtN.'aa 0111.V :a Vaaa V L _ Vl-{1[V liaaarlU, vJV'1t'v�++Y vaaavaa� L.V Vaa.V tr�'vvuacat _Aa v nd�wj(�jJ M aaavaaaL�i Vl ua'V G. I, 0f*6"1VJ Ua flat/ /X111Vi1'VKal I�VK�'vaia' V. 11VYVJ• SECTION 14L_ROSTER OF RETIREES. The Secretary of the Board shall keep a record of all persons enjoying a pension under the provisions of this ordinance in which it shall be noted the time when the pension is allowed and when the same shall cease to be paid. Additionally, the Secretary shall keep a record of all Firefighters employed by the Municipality in such a manner as to show the name, address, date of employment and date such employment is terminated. � V I 1 • V... . a 1 N -1_✓lW_9.$'11kirS�l�_�1�Li�_L�.►liT-.�-ice • -• • �A1W1.Y_�1T1-iwt1Is u + purpo.�✓J ✓uaa .V1 l.Va VaY., twe Vda✓. llalli J1.1. Vuava l,a VfVJJaV.aKl, �Vlu.a , Vladwr advisors as the Board deems necessmy. 29 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 ninety thousand dollars ($90,000). 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 Code and Regulations thereunder to be taken into account for purposes of the limitation of §415(b)(1) of the Code. 2. Part_ci on in Other Defined Benefit Somme PJ. 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 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 M plan. 3. Adjustments in Limitations. A. In the event the Member's retirement benefits become payable before age sixty-two (62), the ninety thousand dollar ($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 §415(b) of the Code, but not less than seventy-five thousand dollars ($75,000) if the benefit begins at or after age fifty-five (55). In the event the Member's retirement benefit becomes payable before age fifty-five (55), the seventy-five thousand dollar ($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 §415(b) of the Code. 30 B. In the event the Member's benefit is based on at least fifteen (15) years of Credited Service, the adjustments provided for in A. above shall not apply- C. The reductions provided for in A. above shall not be applicable to disability benefits paid pursuant to Section 8, or pre -retirement death benefits paid pursuant to Section 7. D. In the event the Member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limitation set forth in subsection 1 herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made 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. 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 number of the Member's years of Credited Service and the denominator of which is ten (10). The reduction provided for in this subsection shall not be applicable to disability benefits paid pursuant to Section 8, or pre -retirement death benefits paid pursuant to Section 7. S. Ten Thousand Dollu-010,000) Limit. 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 thousand dollars ($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. 6. Member in Defined Contribution Sie9 ste_n . In any case where a Member under this System is also a member in a "Defined Contribution Plan" as defined in §414(i) of the Code, maintained by the City, the sum of the 31 "Defined Benefit Plan Fraction" and the "Defined Contribution Plan Fraction" (both as defined in §415(e) of the Code) shall not, subject to the restrictions and exceptions contained in §2004 of the Act, exceed 1.0. This limitation is repealed effective January 1, 2000. 7. Reduction of Benefitg. 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. 8. Cmt-of-Living 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 prescribed by the Secretary of the Treasury pursuant to §415(d) of the Code. 9. Additional Limitltion on Pension Bene tom. Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously participated in such System, on or after January 1,1980, shall not exceed one hundred percent (100%) of his Average Final Compensation. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. B. No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service 32 • with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from another a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. Notwithstanding any other provision of this System to the contrary, a form of retirement income payable from this System after the Effective Date of this ordinance, shall satisfy the following conditions: 1. If the retirement income is payable before the Member's death, A. It shall either be distributed or commence to the Member not later than April 1 of the calendar year following the later of the calendar year in which the Member attains age $eventy W1 one -hag f70-1/2), or the calendar year in which Member retires, B. The distribution shall commence not later than the calendar year defined above; and a), shall be paid over the life of the Member or over the life- times of the Member and Spouse, issue or dependent, or b), shall be paid over the period extending not beyond the life expectancy of the Member and Spouse, issue or dependent. Where a form of retirement income payment has commenced in accordance with the preceding paragraphs and the Member dies before his entire interest in the System has been distributed, the remaining portion of such interest in the System shall be distributed no less rapidly than under the form of distribution in effect at the time of the Member's death. 2. If the Member's death occurs before the distribution of his interest in the System has commenced, ft Member's entire interest in the System shall be distributed within five (5) years of IN Member's death, unless it is to be distributed in accordance with the following rules: A. The Member's remaining interest in the System is payable to his Spouse, issue or dependent; 33 • B. The remaining interest is to be distributed over the life of the Spouse, issue or dependent or over a period not extending- beyond the life expectancy of the Spouse, issue or dependent; and C. Such distribution begins within one JU year of the Member's death unless the Member's Spouse shall receive the remaining interest in which case the distribution need not begin before the date on which the Member would have attained age gveDU and one-half (70-1 /2) and if the Spouse dies before the distribution to the Spouse begins, this Section shall be applied as if the Spouse were the Member. At no time prior to the satisfaction of all liabilities under the System with respect to Members and their Spouses or Beneficiaries, shall any part of the corpus or income of the Fund be used for or diverted to any purpose other than for their exclusive benefit. No amendment or ordinance shall be adopted by the City Council of the City of Okeechobee which shall have the effect of reducing the then vested accrued benefits of Members or a Member's Beneficiaries. It is intended that the System will constitute a qualified public pension plan under the applicable provisions of the Code, as now in effect or hereafter amended. Any modification or amendment of the System may be made retroactively, if necessary or appropriate, to qualify or maintain the System as a Plan meeting the requirements of the applicable provisions of the Code as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. Forfeitures arising from terminations of service of Members shall serve only to reduce future City contributions. 34 • • 1. This ordinance establishing the System and Fund, and subsequent ordinances pertaining to said System and Fund, may be modified, terminated, or amended, in whole or in part; provided that if this or any subsequent ordinance shall be amended or repealed in its application to any person benefiting hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the Member or Beneficiary shall not be affected thereby, except to the extent that the assets of the Fund may be determined to be inadequate. 2. If this ordinance shall be repealed, or if contributions to the System are discontinued or if there is a transfer, merger or consgl dation of government units services nr functions as provided in Chapter 121. Florida Statutel, the Board shall continue to administer the System in accordance with the provisions of this ordinance, for the sole benefit of the then Members, any Beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one of the options provided for in this ordinance who are designated by any of said Members. In the event of repeal, ,,. I .,.,..l.;L..l:.,..., tv tlx.: discontinuance of contributions, or transfer. merger or consolidation of government units. services or functions there shall be full vesting (100 %) of benefits accrued to date of repeal and the assets of the System shall be allocated in an equitable manner to provide benefits on a proportionate basis to the persons so entitled in accordance with the provisions thereof. 3. The following shall be the order of priority for purposes of allocating the assets of the System as of the date of repeal of this ordinance, or if contributions to the System are discontinued with the date of such discontinuation being determined by the Board. A. Apportionment shall first be made in respect of each Retiree receiving a retirement or disability benefit hereunder on such date, each person receiving a benefit on such date on account of a retired or disabled (but since deceased) Member, and each Member who has, by such date, become eligible for normal retirement but has not yet retired, an amount which is the Actuarial Equivalent of such benefit, provided that, if such asset value be less than the aggregate of such amounts, such amounts 35 shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. B. If there be any asset value remaining after the apportionment under paragraph A, apportionment shall next be made in respect of each Member in the service of the City on such date who is vested and who is not entitled to an apportionment under paragraph A, in the amount required to provide the Actuarial Equivalent of the vested portion of the accrued normal retirement benefit (but not less than Accumulated Contributions), based on the Credited Service and Average Final Compensation as of such date, and each vested former Member then entitled to a deferred benefit who has not, by such date, begun receiving benefit payments, in the amount required to provide said Actuarial Equivalent of the vested portion of the accrued normal retirement benefit (but not less than Accumulated Contributions), provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. C. If there be any asset value after the apportionments under paragraphs A and B, apportionment shall be made in respect of each Firefighter Member in the service of the City on such date who is not entitled to an apportionment under paragraphs A and B in the amount equal to Member's Accumulated Contributions, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned here- under such latter amount shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. D. If there be any asset value remaining after the apportionments under paragraphs A, B, and C, apportionment shall lastly be made in respect of each Member included in paragraph C above to the extent of the 36 Actuarial Equivalent of the non -vested accrued normal retirement benefit, less the amount apportioned in paragraph C, based on the Credited Service and Average Final Compensation as of such date, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such amounts shall be reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. E. In the event that there be asset value remaining after the full apportion- ment specified in paragraphs A, B, C, and D, such excess shall be returned to the City, less return of the State's contributions to the State, provided that, if the excess is less than the total contributions made by the City and the State to the date of termination such excess shall be divided proportionately to the total contributions made by the City and the State. The allocation of the Fund provided for in this subsection may, as decided by the Board, be carried out through the purchase of insurance company contracts to provide the benefits determined in accordance with this subsection. The Fund may be distributed in one sum to the persons entitled to said benefits or the distribution may be carried out in such other equitable manner as the Board may direct. The Tntst Fmd may be continued in existence for purposes of subsequent distributions. If, at any time during the first ten (10) years after the effective date of the ordinance originally establishing this System, the System shall be terminated or the full current costs of the System shall not have been met, anything in the System to the contrary not- withstanding, City contributions which may be used for the benefit of any one W of the twenty-five (25) highest paid JA1 ,.., ,,I Q.z-city Members on the effective date, whose anticipated annual retirement allowance provided by the City's contributions at Member's normal retirement date would exceed one thousand five hundred dollm ($1,500), shall not exceed the greater of either a) twentv thousand dollars ($20,000), or b), an amount computed by multiplying the smaller of ten thousand do lars ($10,000) or twenty percent (20%) of such Ti-J'A61-ter`a Member's average annual earnings during his last five (5) years of service by the 37 0 • number of years of service since the effective date. In the event that it shall hereafter be deter- mined by statute, court decision, ruling by the Commissioner of Internal Revenue, or otherwise, that the provisions of this paragraph are not then necessary to qualify the System under the hU-k.J Revenue Code, this paragraph shall be ineffective without the necessity of further amendment of this ordinance. 4. After all the vested and accrued benefits provided hereunder have been paid and after all other liabilities have been satisfied, then and only then shall any remaining funds revert to the general fund of the City. SECTION 2112, EXEMPTION FROM EXECUTION, NON -ASSIGNABILITY. Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this ordinance and the Accumulated Contributions and the cash securities in the Fund created under this ordinance are hereby exempted from any state, county or municipal tax and shall not be subject to execution, attachment, garnishment or any legal process whatsoever and shall be unassignable. The Board shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. Said JhQ Board is empowered to purge the pension rolls or correct the pension rolls amount of any person heretofore granted a pension under prior or existing law or hereafter granted a pension under this ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall hereafter under this ordinance be erroneously, improperly or illegally classified. Any overpayments or underpayments shall be corrected and paid or repaid in a reasonable manner determined by the Board. SECTION 23 21. FORFErTURE OF PENSION. 1. Any I'L.,fi,la.,. Member who is convicted of the following offenses committed Prior to Retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under 38 0 • this System, except for the return of his Accumulated Contributions,.Imt without interest• as of the date of termination. Specified offenses are as follows: A. The committing, aiding or abetting of an embezzlement of public funds; B. The committing, aiding or abetting of any theft by a public officer or employee from employer; C. Bribery in connection with the employment of a public officer or employee; D. Any felony specified in Chapter 838, Florida Statutes. E. The committing of an impeachable offense. F. The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employment position. 2. Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. 3. Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. Prior to forfeiture, the Board shall hold a hearing on which notice shall be given to the Member whose benefits are being considered for forfeiture. Said Member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the Member shall be afforded a full opportunity to present his case against forfeiture. 4. Any Member who has received benefits from the System in excess of his Accumulated Contributions after Member's rights were forfeited shall be required to pay back to the Fund the amount of the benefits received in excess of his Accumulated Contributions, W but without interest. The Board may implement all legal action necessary to recover such funds. or misleadine oral or written statement or withhold or conceal material information to obtain , who violates subsection 1 commits a misdemeanor of the first degrees. , punishable as provided in Section 775.082 or Section 775.083. Florida StatulM described in subsection 1. a Member or Beneficiary of the Sysv. in the discretion of the •.•. _ ! •�" lam.• 1 .1 • • ! �- ' 1 • • _ • 1 • J__ ! ! 1: • ! • 1 otherwise be entitled under the System. For iDuruws of this subsection. "conviction" m a determination of guilt that is the re It of a Dlea or trial. regudless of whether adj is withheld, 1. To the extent not covered by insurance contracts in force from time to time, the City shall indemnify, defend and hold harmless members of the Board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "claims", against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the Board. The City reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify. defend and hold harmless any members of the Board from the judgment, execution, or levy thereon. 2. This Section shall not be construed so as to relieve any insurance company or other entity liable to defend the claim or liable for payment of the judgment or claim, from any liability, nor does this Section waive any provision of law affording the City immunity from any suit in whole or part, or waive any other substantive or procedural rights the City may have. 40 3. This Section shall not apply nor shall the City be responsible in any manner to defend or pay for claims arising out of acts or omissions of Members of the Board which constitute felonies or gross malfeasance or gross misfeasance in office. If a member of any of the City's three fM retirement systems transfers to either of the other two (2) systems, he must choose one of the following procedures with regard to Credited Service accrued to date of transfer. 1. The Member may take a refund of his Accumulated Contributions, in which event no pension benefit shall be payable based on Credited Service attributable to the period covered. 2. The member may leave his Accumulated Contributions in the fund, in which event his Credited Service with both systems shall be combined for purposes of determining eligibility for benefits and for vesting. When the member is eligible to receive a benefit, he shall receive benefits from both systems, which shall consist of accrued benefits under each system based on the provisions of the respective system and the earnings and Credited Service under that system. The years or fractional parts of years that a Firefighter serves or has served on active duty in the active military service of the Armed Forces of the United States, or the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, honorably or under honorable conditions, prior to first and initial employment with the City Fire Department shall be added to his years of Credited Service provided that: 1. The Firefighter Member contributes to the Fund the sum that he would have contributed had he been a member of the System for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of years of Credited Service. 2. The request shall be made only once and made by the I'i. J.,lf — Member on or before i : o - (12) ....,,.d,.21'i.,... the-Effi,.,L v %o D, tmf d.:,, .,.1:.......,., .,. six (6) months from the date of his employment with the City Fire Department, .V lu.,la... %1& ,a laL' %,J . 41 3 . Payment by the FL-f.bl.,� „r Member of the required amount shall be made within six (6) months of his request for credit and shall be made in one W lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section shall be four (4) years. 5. Credited Service purchased pursuant to this section shall not count toward vesting. 1. General. This Section applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. A. Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten UW years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Code; and the portion of any distribution that is not includible in gross income. B. Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, or a qualified trust 42 E • described in section 401(a) of the Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving Spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. C. Distributee: A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving Spouse is a distributee with regard to the interest of the Spouse. D. Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. 9Yw j V.j..►-e. jF"a Lo Vr.a ,y.{a A"t LL, i. `j NVl �iVN na VVU WI U.V V.uL.1 'Antes,-th,, C .--'LJ J aa.aaav Va dw lJ.—'L i 5:..t. O Eoast-6nard, ...lY. L";l, Vl 1...,1,...t...�l,, JL. V...r1V,..16,..:...,-2 nLs,,,lA._ ,::h the ity L. , ,arV..11 L"A;A1Aj 4%1A �iVV, -laff be added toitis yews of etediwd SVY .1'VV rLl fi.i !/Yi�J V�VV, Jl.V1Y1J..6 'I VJaA16' , r1 V 11 A. Th., ril„r.bl.l.,l ...YJt 1V14Y1.. lV Lay..lylV,a..V..1 �., w ria.,rl�l.l„a ��:1.i.a ..a.v „fthe-d&.� Vr U* ...:l:", & .,ir. , Vl 11:J 1Vir�se-froni Uva i kvv. D. Tiiz, ri..,r. j.L.,a 1'Vr V J�tJ u.lrthe Fund d.- .N.a..v JW.. Ifiat-dic-i�vYYa� Vj 11 V L"-....,..L.LYtJ Z 11., loud 1N111..i.1V1 .. rilVL61.i.,a d.1:..., 1.:J "L..,,...,,,. The al�7aav a aYaYU. V11 VJi 11 .11.JJV V`1Ja. �a. Y VL/J v.'1 ll.l {. �J'�]V"'(1�1�V�4/'�]...j tJ'� LYaa V.. 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TRAMONTE ARCHITECT INC. 4524 S.E. 16TH PLACE CAPE CORAL, FLORIDA 33904 STRUCTURAL ENGINEERS O'DONNELL, NACCARATO, AND MIGNOGNA INC. 321 15T" STREET SUITE 200 WEST PALM BEACH, FLORIDA 561-835-9994 MAY 2, 2000 rl .hr. !xl �, � __...____.-_�_.' ..... A.0 It M11A ' rx• ►tiA r � Ir,,L. . -02 MEE1194 4 UDIO V130AL 'I MECO. vitr r. 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H,LIM *JIA 'aS OOOV ("t-,9t X Kt-,98) AZIVIIgPI f)MUSIXH T# awaHas MoLLVJ.S HaYIOd � i • PRELIMINARY CONSTRUCTION BUDGET POLICE STATION SCHEME #1 4143 S.F. tQ S 128.00 PER SQUARE FOOT = S 530,304.00 ' PLUS SITEWORK (DEPENDS ON SITEWORK SCHEME SELECTED. SEE ESTIMATES IN SITEWORK SECTION.) ' DEDUCT S 74,000.00 IF EXISTING ROOF REMAINS. r� d a r J r"e!5' ON I . I A ONTE + A R C H I T E C T Ip —� 4524 SE. *TW PLACE CAPE CORAL. FLORIDA 33WA d Cytl) 549-0991 AA COM443 :D NIJ CY OF OKEECI-IOBEE, FLORIDA n Su A D ITI POLICE COMPLEX '" a- m a b I s JA50N F. TRAMONTE A R C H I T E C T m N 4524 SE. WTW PLACE CAPE CGRAL, PLOMDA 33904 o (SW 54s-ees? AA dWM443 u Of i11H CITY OF OKEECI-IOBEE, FLORIDA A D v POLICE COMPLEX 1 � b POLICE STATION SCHEME #2 EXISTING LIBRARY (86'-4" X 46'47) 4000 SQ. FT. WITH (30'-0" X 86'4'') ADDITION 2590 SQ. FT. WITH GENERATOR ROOM (10'-8" X 13'-4') 143 SQ. FT. GENERAL DESCRIPTION OF WORK: RETAIN EXISTING EXTERIOR STRUCTURE. REMOVE EXISTING ROOF AND ROOF STRUCTURE. COMPLETELY REMOVE ALL EXISTING INTERIOR PARTITIONS AND CEILINGS. CONSTRUCT NEW 25" SQ. FT ADDITION. INSTALL NEW PITCHED TRUSSES WITH NEW CLAY TILE ROOF. CONSTRUCT NEW GENERATOR ' ROOM. CONSTRUCT NEW ENTRY CANOPY. CONSTRUCT PARTITIONS TO DIVIDE THE EXISTING BUILDING INTO SPACES AS LISTED BELOW. u fl LIST OF SPACES WAITING ROOM / HALL 257 SQ. FT. RECORDS #1 146 SQ. FT. RECORDS #2 100 SQ. FT. CHIEF'S OFFICE 214 SQ. FT. LT. OFFICE 120 SQ. FT. LT. OFFICE 144 SQ. FT. CLOSET 68 SQ. FT. LT. OFFICE 156 SQ. FT. CAPTAIN'S OFFICE 192 SQ. FT. SQUAD ROOM 739 SQ. FT. DUI 120 SQ. FT. H.C. #4 66 SQ. FT. H.C. #3 66 SQ. FT. H.C. #2 39 SQ. FT. H.C. #1 39 SQ. FT. PROCESSING ROOM 133 SQ. FT. EVIDENCE ROOM 418 SQ. FT. DET. SERGEANT OFFICE 165 SQ, FT. DET. OFFICE 154 SQ. FT. DET. OFFICE 99 SQ. FT. DET. OFFICE 99 SQ. FT. TRAINING ROOM 449 SQ. FT. CL. # 1 30 SQ. FT. CL. #2 35 SQ. FT. CL. #3 23 SQ. FT. HVAC TELEPHONE / RADIO 175 SQ. FT. OFFICE 106 SQ. FT. KITCHEN 127 SQ. FT. WORK STATION 131 SQ. FT. TERESA'S OFFICE 152 SQ. FT. SUPPLIES 122 SQ. FT. DISPATCH 176 SQ. FT. COMM. OFFICE % SQ. FT. MEN 105 SQ. FT. WOMEN 105 SQ. FT. GENERATOR ROOM 120 SQ. FT. CIRCULATION / STRUCTURE 1248 SQ. FT. TOTAL 6733 SQ. FT. ' 0 • ' PRELIMINARY CONSTRUCTION BUDGET ' POLICE STATION SCHEME #2 6733 S.F. $117.00 PER SQUARE FOOT = @ SQ $ 787, 761.00 PLUS SITEWORK (DEPENDS ON SITEWORK SCHEME SELECTED. SEE ESTIMATES IN SITEWORK SECTION.) ' DEDUCT $ 74,000.00 IF EXISTING ROOF REMAINS. 6 I ... i AN I.,•I. 1 I .�� '.,.� 1...1 I I.,I IY�I A i• � j 3 � � i I `3 9 I all I • � I ' ; I • Z � � _ t � I j I --- -- not _._ _ _. '!, ' - ._._._ ._. r _ _ �._a�. i _._. 1; i i I r3 3m J ASON P. TRAMONTE } Q R C I -I I T E C T W 4524 S.E. I6TW PLACE CAPE CORAL, FLORIDA 33904 f~P l941) 549-0"1 AA 00=443 0 CITY OF OKEECHOME, FLORIDA I>mil m D POLICE COMPLEX b S b ID X31cWOD 9::)1'104=1 of 0 o Ul VOR401=1 '3390KD33NO =10 k11O 31 S"eaao vv Lsw."G ovs) vowid-mWoo 30wo =v-W "P" -as Ker E1.LNOW'VZ!!4.1 'c=1 NOSvr Z *1 s? ' FIRE STATION EXISTING FIRE STATION IST FLOOR (102'-8" X 36'-0") 3697 SQ. FT. 2" FLOOR (72'-8" X 36'-0") 2617 SQ. FT. ' ADDITION (72'-8" X 14'-8') 1067 SQ. FT. GENERAL DESCRIPTION OF WORK: RETAIN EXISTING STRUCTURE. ' COMPLETELY REMOVE ALL EXISTING CEILINGS AND INTERIOR PARTITIONS ON FIRST AND SECOND FLOOR, EXCEPT LOAD BEARING WALLS. ' CONSTRUCT 1067 SQ. FT. ADDITION WITH NEW ROOF TRUSSES AND NEW CLAY TILE ROOF. CONSTRUCT NEW PARTITIONS TO DIVIDE THE 1ST AND 2" FLOOR AS LISTED BELOW. RELOCATE EXISTING ' GENERATOR LIST OF SPACES 1ST FLOOR ' EXISTING APPARATUS ROOM GEAR AND SHOP 2063 SQ. FT. ' FILES / SUPPLIES 147 SQ. FT. CHIEF' S OFFICE 298 SQ. FT. HC #1 47 SQ. FT. HC #2 47 SQ. FT. KITCHEN 44 SQ. FT. ' RECEPTION 224 SQ. FT. WAITING 88 SQ. FT. ' MEETING ROOM 339 SQ. FT. NEW APPARATUS ROOM 696 SQ. FT. STAIR 148 SQ. FT. OUTSIDE STORAGE 89 SQ. FT. ' CIRCULATION / STRUCTURE 544 SQ. FT. TOTAL 4764 SQ.FT. ' LIST OF SPACES 2ND FLOOR STAIR 148 SQ. FT. BAR-B-QUE DECK 82 SQ. FT. CLASS ROOM / OFFICE 300 SQ. FT. POLE 30 SQ. FT. BUNK #1 72 SQ. FT. ' LIEUTENANT 153 SQ. FT. BATH #1 72 SQ. FT. BATH #2 213 SQ. FT. LOCKERS 107 SQ. FT. ' UTILITY ROOM 101 SQ. FT. RADIO ROOM 53 SQ. FT. KITCHEN / PANTRIES 293 SQ. FT. DINING / DAY ROOM 222 SQ. FT. BUNK #2 96 SQ. FT. BUNK #3 % SQ. FT. BUNK #4 96 SQ. FT. CL. 20 SQ. FT. CIRCULATION / STRUCTURE 693 SQ. FT. TOTAL 2847 SQ. FT. PRELIMINARY CONSTRUCTION BUDGET FIRE STATION 18T FLOOR 4764 S.F. 2ND FLOOR 2847 S.F. TOTAL 7611 S.F 7611 S.F. @ S 82.00 PER SQUARE FOOT = S 624,102.00 PLUS SITEWORK (SEE ESTIMATE IN STTEWORK SECTION.) CD -o m r 3 z D JASON F. TRAMONTE W A R G H I T E G T m 4524 S.E. I6TH PLACE CAPE CORAL, FLOMDA 33W4 a l943) 549-dMI AA 0002443 CITY OF OKEEC 40BEE FIRE STATION M&C R7, FLORIDA D * D ZO r'ii S m m 'lg b b ROM MUMWx PLAN 810E ELEVATION SOB ELEVATION PROW ELEVATION REM ELEVATION rwioi. NO. DRAWN ODJ. DATE 3/2S/00 CHECKED JP.T. IMA DATE BY z ou 0 ul SHEET A-2 PRELIMINARY 02 of 3 SHEETS SECTION A -A $$ALE. 1W . r-d ImxoJ. No. DRA16N B.D.J. DATE 34W" OWEGKED J.P.T. FINY161ONS DATE DY 5 Q FF ti it ti t 1 Il• - -, 3 _ - � I � - {{ Nla IFq II i tF•!i It J�� t,'� 1 h - � � � '' I t ,1 tY.l µ� rAr:J.1W ) 1NSVAVMSN:WAYA\Y:JMY.•.LW.WMVAWN\VMAUVMY M\NY"J, rNJ-a•••NJl•JNA`•hYJItN`hSn.N:•NlAClA4'JTN!•\I NJ TNJI. A. \ A\AY.At•M•NN..:?A•MVAN1.1•A'.i:'JS:NA:N:•A.::J:'.Q`JJRNYhW1K`�:N.YNGNlt AW1SJ74__:_..Wi/IAVMUVJI•MtNMA AVINIM`MNV)1` r� F �{ N L�4YltLYY SY 1610G:Y ' 14510�1`' ~ All "i it 11 1 N II ail } F YY �J p F� TRAINING ROOM HALL I' uw Vh\NYTANN•::'.V.W.v.NYAWAVNMNN EXISTING GEAR FILES/SUPPLIES WAITG APPARATUS JLLD�� CHIEF'S OFFICE O 9 Ot -- -- = �Q SECTION B-B 11CA", v4• . r-a SWEET A-3 PRELIMINARY 02 OF 3 SWEET& OrDONNELL, NACCARATO & MIGNOGNAr INC. ' April 17, 2000 ' Mr. Gene Shriner Craig A Smith & Associates ' 1000 West McNab Road Pompano Beach, Florida 33069 Re: City of Okeechobee - Fire Station ' Okeechobee, Florida Project No.: 344.006 WILLIAM C. MIGNOGNA, P.E., PRESIDENT DWAYNE R. JACKSON, P.E., ASSOCIATE ' SUBJECT: WIND ANALYSIS/APPROXIMATE COST OF REPAIRS, Pursuant to your request, we performed a visual site visit on November 8, 1999. The purpose of our site visit was to determine the condition of the roof framing system and to perform a wind analysis of the City of Okeechobee Fire Station. Our analysis consisted of the following: Wind analysis to determine the minimum wind pressures specified by the 1997 Standard Building Code, Chapter 16, ' Section 1606; A roof diaphragm shear analysis (this analysis determines the ability of the roof framing system to transfer the shear forces to the vertical wind resisting elements); finally, an analysis was performed to find the minimum attachment required to restrain the wood trusses from the uplift forces imposed by the wind loads. ' The wind analvsis results were the following: 1. Component and cladding wind pressures: Roof basic wind velocity pressure of 28.6 psf Windward roof pressure of 19.1 psf Leeward roof pressure of -42.1 psf End zone pressure of -71.0 psf Windward wall pressure of 39.3 psf Leeward wall pressure of -44.7 psf The main wind resisting oressures for the roof were the followinq: ' 2. When the wind is perpendicular to the ridge line, the following wind pressures were found: I When the wind is parallel to the ridge line: �i Windward pressure of -24.7 psf Leeward pressure of -24.7 psf Windward end zone pressure -32.9 psf Leeward end zone pressure of -32.9 psf Left side pressure of -32.9 psf Right side pressure of -21.4 psf Left side end zone pressure of -46.1 psf Right side end zone pressure of -26.3 psf. ' C:WIyFiles%ReportsQ44006 windanaly.wpd 321 15TH STREET • SUITE 200 • WEST PALM BEACH, FL 33401 • 561-835-9994 • FAx 561-835-8255 • WWW.ONM.NET PHILADELPHIA, PA • 215-925-3788 • 1 Mr. Gene Shriner April V, 2000 Page Two The main wind resistinc pressures for the walls were the foltowirnward pressure of 13.2 psf Wind P er endicular to the ridge line. pressure of -23.0 psf 3 When the wind is p P Leeward Wiw Leeward end zone p essure of -31rd end zone pressure of 30 psf Windward pressure of 8.2 psf When the wind is parallel to the ridge line: Leeward pressure of -18.1 psf Windward end zone pressure 0 Leeward end zone pressure of -23.0 psf f 4. See appendix A for wind analysis results, block walls, glazing, doors and roof ts and cladding wind pressures are used to design the masonry sed to design the structural elements used o The componenresisting pressures are primarily u tile attachments. The main wind facility. Further transfer the wind loads to the foundation system.system attic space been used as a file storagef continue Further er be In addition, our visual review found the roof framing Y investigation and major modification of the truss system will be required if the attic space is going used as a storage facility. specified by the ' 'n fire station roof framing system found U�ewi deup►ifilshear forces sp d woo truss our wind analysis of the exists g inadequate to resist the minim block wall connections to the masonryrequirements. We recommend additional hurricane straps and fasteners be added to the woo Standard Building Code Code req and trusses to meet the minimum Standard Building abilities to transfer the shear forces to the While performing ate. Therefore, it would be required to provide 12' x 50'-0" of 2 x 4 wood blocking our analysis, we also found that the roof diaphragm's masonry block walls was inadequate. to allow for the transfer of shear toalso th l ate by lateraloral wind fntinuous/ of the sheathing at each end of the was assumed during our calculations. The bottom chords shall Ig is attached sheathing with a ceiling attached to the bottom the bottom chord. Diagonals placed at 45e bracing spaced at 6 -0 on-centerpiagonal bracing bottom chord, the bracing shall be at T-0" on -center nailed to the to the gutted shell building. to the lateral braces shall be t ntendr 1s each end of the building replacement) and should be repeated at no drywall replac ) estimate that the cost of placing new hurricane straps to the gutted shell building We es for the roof framing system would be approximately $15,000.00. providing lateral bracing If you have any questions regarding this matter, please feel free to contact this office. Sincerely, O'DO�NEL 4,ACCARATO,, MIGNOGNA, INC. ' p yne ject ' EH/bam y Jackson, P.E. anager Eric Herna dez Project Engineer C:\MyFi1es\Rep0rts\344QN windanaly.wpd • • APPENDIX A C:1MyFiles\ReportsZ44006 windanaly.wpd 01DONNA, NACCARATO & MIGNOGNA ' 1665 PALM BEACH LAKES 0800 WEST PALM BEACH, FL 3340• (561)471-5166 Copyright 1997 by Tondelli Engineering, P.A. Tampa, Florida 'CUSTOMER CITY OF OKEECHOBEE FIRE STATION JOB NUMBER 344.006 DATE : 04-17-2000 DESCRIPTION WIND ANALYSIS ' *** DESIGN WIND LOADS - 1997 STANDARD BUILDING CODE *** *** MAIN WIND FORCE RESISTING SYSTEMS *** ENCLOSED BUILDING WIND VELOCITY = 110 MPH 'MEAN ROOF HEIGHT = 25.0 FT VELOCITY PRESSURE = 28.61 PSF USE FACTOR = 1.15 ,BUILDING DIMENSION NORMAL TO WIND DIRECTION = 112.0 FT BUILDING DIMENSION PARALLEL TO WIND DIRECTION = 50.0 FT ROOF SLOPE = 5.00 : 12 (22.62 DEG) WALL WIND LOADS - POSITIVE INTERNAL PRESSURE TRANSVERSE DIRECTION, WIND PERPENDICULAR TO RIDGE GCp PRESSURE (PSF) LONGITUDINAL DIR] GCp PRESSURE (PSF) X 5,6 JEJ X L END ZONE 1 4 0.70 -0.95 23.0 -31.3 =ION, WIND PARj END ZONE 5 6 0.50 -0.70 16.5 -23.0 INTERIOR ZONE 1 4 0.40 -0.70 13.2 -23.0 kLLEL TO RIDGE INTERIOR ZONE 5 6 0.25 -0.55 8.2 -18.1 END ZONE WIDTH, X = 10.00 FT 1,4 E ' O'DONNIL, NACCARATO & MIGNOGNA • 1665 PALM BEACH LAKES #800 WEST PALM BEACH, FL 33401 (561)471-5166 Copyright 1997 by Tondelli Engineering, P.A. Tampa, Florida 'CUSTOMER : CITY OF OKEECHOBEE FIRE STATION JOB NUMBER 344.006 DATE 04-17-2000 DESCRIPTION WIND ANALYSIS *** DESIGN WIND LOADS - 1997 STANDARD BUILDING CODE *** *** COMPONENTS AND CLADDING *** ' ENCLOSED BUILDING WIND VELOCITY = 110 MPH 'MEAN ROOF HEIGHT = 25.0 FT VELOCITY PRESSURE = 28.61 PSF USE FACTOR = 1.15 'ROOF SLOPE = 5.00 : 12 (22.62 DEG) TRIBUTARY AREA = 40.0 FT2 WALL WIND LOADS ' WALL AREA w e ' I GCp (+) 1.194 1.194 IGCp (-) -1.229 -1.358 ' PRESSURE 39.3 39.3 (PSF) SUCTION -40.4 -44.7 (PSF) BUILDING WIDTH = 50.0 FT IZI w jej Z w le CORNER DISTANCE, Z= 5.0 FT ' O'DONNGL, NACCARATO & MIGNOGNA 1665 PALM BEACH LAKES ##800 WEST PALM BEACH, FL 33401 (561)471-5166 Copyright 1997 by Tondelli Engineering, P.A. Tampa, Florida : CITY OF OKEECHOBEE FIRE STATION 'CUSTOMER JOB NUMBER 344.006 DATE 04-17-2000 DESCRIPTION WIND ANALYSIS ' *** DESIGN WIND LOADS - 1997 STANDARD BUILDING CODE *** *** COMPONENTS AND CLADDING *** ENCLOSED BUILDING WIND VELOCITY = 110 MPH ROOF HEIGHT = 25.0 FT 'MEAN VELOCITY PRESSURE = 28.61 PSF USE FACTOR = 1.15 'ROOF SLOPE 5.00 : 12 (22.62 DEG) TRIBUTARY AREA - 40.0 FT2 ' GABLE/HIP WIND LOADS ' I ROOF AREA ri/re si se c ' GCp (+) 0.580 0.580 0.580 0.580 GCp (-) -1.140 -1.280 -2.100 -2.158 ' PRESSURE (PSF) 19.1 19.1 19.1 19.1 VERT. COMP. 17.6 17.6 17.6 17.6 ' HORIZ. COMP. 7.3 7.3 7.3 7.3 SUCTION (PSF) -37.5 -42.1 -69.1 -71.0 VERT. COMP. -34.6 -38.9 -63.8 -65.6 ' HORIZ. COMP. -14.4 -16.2 -26.6 -27.3 ' c se c c se c ' se re se se re se si ri si si ri si BUILDING WIDTH = 50.0 FT ' CORNER DISTANCE, Z = 5.0 FT ' Z Z Z �Z ' O'DONN�, NACCARATO & MIGNOGNA 1665 PALM BEACH LAKES #800 WEST PALM BEACH, FL 33401 (561)471-5166 Copyright 1997 by Tondelli Engineering, P.A. Tampa, Florida 'CUSTOMER : CITY OF OKEECHOBEE FIRE STATION JOB NUMBER 344.006 DATE : 04-17-2000 DESCRIPTION WIND ANALYSIS *** DESIGN WIND LOADS - 1997 STANDARD BUILDING CODE *** *** MAIN WIND FORCE RESISTING SYSTEMS *** ENCLOSED BUILDING WIND VELOCITY = 110 MPH 'MEAN ROOF HEIGHT = 25.0 FT VELOCITY PRESSURE = 28.61 PSF USE FACTOR = 1.15 'BUILDING DIMENSION NORMAL TO WIND DIRECTION = 112.0 FT BUILDING DIMENSION PARALLEL TO WIND DIRECTION = 50.0 FT ROOF SLOPE = 5.00 : 12 (22.62 DEG) C I u ROOF WIND LOADS - POSITIVE INTERNAL PRESSURE TRANSVERSE DIRECTION, WIND PERPENDICULAR TO RIDGE END ZONE INTERIOR ZONE 2 1 3 1 2 ' 3 GCp -1.00 -1.00 -0.75 -0.75 PRESSURE (PSF) -32.9 -32.9 -24.7 -24.7 LONGITUDINAL DIRECTION, WIND PARALLEL TO RIDGE GCp -1.40 1 -0.80 1 -1.00 1 -0.65 PRESSURE (PSF) -46.1 -26.3 -32.9 -21.4 2E 3E 2 3 X X END ZONE WIDTH, X = 10.00 FT CITY OF OKEECHOBEE POLICE AND FIRE STATION SITE � 1174191 SUMMARY SECTION City of Okeechobee *April 27, 2000 Police & Fire Station CAS #00-0901 ' 2 CITY OF OKEECHOBEE ' POLICE AND FIRE STATION SITE IMPROVEMENT SUMMARY ' The following is a synopsis of the four Police Station parking lot improvement alternatives shown on Craig A. Smith & Associates (CAS) sheets (1-4 of the ' attached drawings). Improvements for the Fire Station are minimal and shown on sheet 5 of the drawings. A cost summary and detailed cost estimate breakdowns are included. Existing parking for proposed Police Station is through street parking and at the ' Chamber. A total of 46 spaces currently exist. CAS developed alternates to provide additional parking on the south side of the building on the east side and modified shared parking at the Chamber. 1 SYNOPSIS ' ALTERNATIE NO. 1 ' This option will require minimal demolition. Parking will be increased by one ten - foot wide space plus three 12-foot wide van accessible handicap spaces. Compared to existing parking presently available. Access to the proposed ' parking lot will be from the Chamber of Commerce parking lot and exiting to Southeast Second Avenue. ' Total additional parking spaces provided in this Alternative 1 is four (4). ALTERNATE NO. 2 ' This option is the same as Alternate No. 1 in every way with the exception of ' access. The proposed parking lot will have its entrance on Southeast Second Avenue and will exit through the Chamber of Commerce parking lot. ' Total additional parking spaces provided in this Alternative 2 is four (4). ALTERNATE NO. 3 ' This option will work in conjunction with either Alternate No. 1 or 2 with the addition of three landscaped islands. Additional demolition will be required and ' the issue of drainage will need to be addressed. This option could be don in the future. I Total additional parking spaces provided in this Alternative 3 is four (4). 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 City of Okeechobee Police & Fire Station ALTERNATE NO. 4 19pril 27, 2000 CAS #00-0901 3 This option will require extensive demolition. Parking will be increased by 14, ten -foot wide parking spaces and three handicap parking spaces (two van accessible). Compared to existing parking presently available. It will provide for several landscaped areas in the proposed parking lot. Drainage issues will need to be addressed. Total additional parking spaces provided in this Alternative 4 is 17. COST SUMMARY Alternate No. 1 $ 35,000.00 Alternate No. 2 $ 35,000.00 Alternate No. 3 $ 68,000.00 Alternate No. 4 $102,000.00 Fire Station $ 5,000.00 These are construction cost estimates only. This does not include engineering or permitting costs. LAand100-MI\correspondencelsfteimprovsum.doc '- POLICE AND FIRE STATIONS � CIVIL SITE WORK 1 1 VICINITY MAP INDEX of SHEETS SHEET No. DESCRIPTION COVER SHEET 1 POLICE STATION ALTERNATE NO. 1 2 POLICE STATION ALTERNATE NO.2 3 POLICE STATION ALTERNATE NO.3 4 POLICE STATION ALTERNATE NO.4 5 FIRE STATION LOCATION MAP PREPARED FOR: CITY OF OKEECHOBEE PROJECT No.00-0901 CRAIG A. SMITH & ASSOCIATES _ CONSULTING ENGINEERS -PLANNERS -SURVEYORS CON= 1000 West McNab Road - Pompano Beach Coll= Florida 33069 (954) 782-8222 Fax: (954) 786-8927 E-Mail: casassoc@craigasmith.com 1 NORTH PARK STREET • I • o e 1 ______ ry19 116 11. 11 1 �` _____________ -- __ - - 6'CONC WALK - -- �� Ilk" 'IM °p\+ °y9+°^`+� y y' 2� ---- I �•' ' \ate �\ io°� 1 I _ a=-------------- Oy u 1 1� 1 1e� 1 i I 1 `c- 1 1 p + � 1 1 .11• I 1 1 I ry1 I ry1 ' I I+ 1 I I p 1 I I I 1 I A---- 9+ _- M14M1 1 I I I 1 I I I I � \S I\ , lip I I I I 1 1 I ,Ipp + 1' \ 1° _____} 1 I I I RE -STRIPE HXISTNC ' 9 ------ 1 I i i PARKING ASi REQUIRED i I M1 I I I I I I I I ' I I I I 1 0ryi I ryq� 1 I I y1 e I + � I-____________ , I_____________________________ I L , , 1 -- ^� I____________J_L__________1 -------- I LI I I I I } L1 r______ EXISTING ASPHALT PARKING LOT Z / ' 1 I I I HANDICAP PARKING STALL AND SIGNAGE PER A.D.A. �� �Icp l I I STANDARDS (TYP.) -------- '------------J JY I I I I I Q3 I I I I I I 1 1 I I I 11 e' I I I I Z I I I I p I I I I _ 1°' -- - - - --•� / i --� EXISTING ----_-_i 1 1 I I I + �1,7 �� 1 r_-J L__1__J I I --- 7B I ' I j y l 1 STORY BUILDING I I----------- �----------- w ryp , ;--' POLICE STATION ; 4'CONC WALK n .1 ,,'" z - ,1 �M1e. �OP SE I / LIBRARY --, ---JIllJJ------------ ; ;------------ - , oA I w 1 0 - -------+ F.F. - 30.10 1 I ry 1 DI ON a RE -STRIPE EXISTING PARKING LOT AS -------I i / CURB CUT RAMPS PER F00T REQUIRED (TYP.)INDEX NO.304 (TYP.) i I I N I ' W -------------- a III III}I t°lI -------- 4.5'CONC WALK L_____J.-T --------------- 4_'_ �' pG •_•. ,dq.i11IIII �yiI'III1II " 1IIIIIIIIII eVZ REPLACE EXISTING CONCRETE SIDEWALK +AS REQUIRED ----------- ------------ ----- C DRIVEWAY: ACEEXISTING X�3Y TRUCT \ AS CRETTEEESDIDEWALK I I Lly STOP SIGN (R1-1) WITH DO NOT ENTER SIGN 1 J,'T/fj -c- ' I M1° (R5-1) I 1 1 ry9� 1°� ' 1°•h , yi)r47``' 1 \ ---- �� ♦♦�_ ery 6' CONC WALK CONCRETE SIDEWALK ,'�,4s9� i 4 ♦♦ �• --- -ry°�--------------------------------------------------- �'-------- — --------------------------- ----------------------- -- — -- ,� ;M1v M1+` ` --------------- $, ♦ ♦ ♦ ♦ 'may ♦ ♦ ♦ ♦♦ `♦ e°� `♦ 8 1 p°F o ♦ 0• ♦ ♦♦♦ ♦ ♦ ♦ ♦♦♦ ♦ ♦ 9' I v� + SOUTH PARK STREET + SHEET De•oied: p o3roo APPROVED BY' JAMES R. ORTH, P.E. —� CRAIG A. SMITH & ASSOCIATES PREPARED FOR POLICE STATION CED PROJECT NUMBER NUMBER Drown: DAM o3roo DATE CONSULTINGENGINEERS-PLANNERS-SURVEYORSCITY OF ADDITION 1 1000 West Mdleb Road - Pampers Beech Ctoded: JRO 03MO REOISTEREDENGINEER No. 50128 Flaws 33059 (954)7624M C� OKEECHOBEE ALTERNATE NO. 1 �"_ �� 00-0901 5 NO. DATE REVISION By ` STATE OF FLORIDA For. (954) 7854=7 E-Msitcuvs@ocCWsWasMlh.com NORTH PA K STREET • q� 6' 1 ---------------------------------------------------------------------------------- 5 -- 6'CONC WALK-•i�♦�o�4 __________________________________________+__________________________+ _ ____________________1__ 1 __________-___ - 1e 1g 16 lb- 1 i u 1�, \c- '1 1 b� i i 1 1 ry� 1 f i I } ryq M1p � 1 I i 1 I 1 ho 1 I I 1 + 1q \ M10 ---------------- I I I i I I I I oyh ________ I I I l + ._______-____y I I I I I e, a r------ I 1 I I I ryd Y I I / EXISTING ASPHALT f / ' I I I 1 1 3 1 1 PARKING LOT I I I 1 1 1 1 I I I 1 1 Z I I I 1 i 0 I L I I I 1 i U I+ ,,�(j/ / / 1 ------------- I r�I + I I I 1 I I I I I I I 1 1 I I Z I I q♦ I 1 1 I I ' I ' RE -STRIPE EXISTING I ' PARKING LOT AS ------------- REOUIRED (TYP.) i 1 1 ------------- I I ' I ' I I + I ' I -rl ____-_______� ' I} I STOP SIGN (R1- 00 NOT ENTER (R5-1) _7_ 1 I 1, I , 00 I F- EXISTING ' 1 STORY BUILDING ------------J L____________ I• POLICE STATION 4'CONC WALK o ,' PR 0 D - / LIBRARY ------------- r------------. ST Y r- 1 F.F. - 30.10 i r-- ;JJJ ' --- , 'L� • ry9•A AD 10 1 r -'' I I I I 1 1 I 1 , I A i i i i CURB CUT RAMPS PER FDOT r INDEX NO.304 (TYP.) '/-cib I I i rye I M10 REPLACE EXISTING CONCRETE SIDEWALKAS RI I I L--� • I / ,/ �------------------- 4.5'CONC WALK L_____ __________________gyp_ •� p,/'/' • REMOVE EXISTM 1 CONCRETE SIDEWALK M1o' I __________ ___________---------- I A + I LJ � I � • I n i J M1° ,•�, I Hyb, CONSTRUCT D REPLACE EXIS ` ury ,� 6' CONC WALK ________________________ —____________________--__—-►t________________--___________ `---------- c__________c__________c_t ______c_________—-_________� HAVCAP PARKING TALL AND�SIGNACE PER A�A. \ \ \ STAN0IRDS (TYPJ + SOUTH PARK STREET \ I I 1 I I 1 t i 1 1 I I 1 I I I I I I I I I I I I I 1 I 1 I I 1 1 1 I I I M1q. {I I i I i gal 0 n� 0 °�e$C Y` DooWned; DAM oa)oo APPROVED BY- JAMESR.ORTH.P.E. CRAIG A. SMITH & ASSOCIATES PREPARED FOR PROJECT POLICE STATION scA�E NUMBER NUMBER Dnrwn. DAM ono DATE CONSULTINOENOINEERSPLANNERSSURVEYORS CITY OF ADDITION 2 1000 V69 McNab Rood - Pw"m S"ch NO � REVISION Chodmi: JRO 03/00 STATE OFFLORIDANEERNo.50128 Fax (964)788-0927Fbdde Et F 089 )pswoc aipoarrxtll.com 0126 OKEECHOBEE ED(oo-ogal)ALTERNATE NO. 2 IRV ------ ---- � 1 1 1 1 I I I i 1 -c- � IM1o• 1 + ' / 3 -------------------------- ------------------------ ♦ \ q \ \ Ip 0 N I 1 I I 1 1 O (7 1 1 1 1 1 1 1 ryd h 1 I 1 I r I M1�Ory ' ' I 1 I I I I I , I I ,/M1OQ i I 1 I 1 1 1 I ' I i I ' I ' 1 I 1 ' 1 I 1 ' 1 ' I ' � I I ' I ' I 1 I W II I I W ' I , Q 1 1 I , I � 1 Z I I 04 1 I 1 I W ,iI I Tn I I 1 I I I I I I I I • , l� 1 1 1 Y 1 J 1 G � I 3 I 1 1 U VZ (� M10 1 1 1 M1e. 1 I I I I 1 I 1 I 1 I 1 I I I I 1 I I I I I I 1 I 1 I 1 I 1 I 1 I 1 I I I 1 1 I oM1 � I �ry +`\-_-__________-_ ry loe 0 NORTH PARK STREET i EXISTING OR AGE TO D —,`9�' —i 1''b _ry+b g♦ _- ry. p + I --_ ryb•►Q +1g.�`}_1 '1 R ♦ Yc-♦ - �- �ZQf ♦t0 � 19b °1 _____________+1_____________________-______________________1_____________-_________________ _______________ ____________} ________________________________________________ 6CONC WALK --------------------- +--------------------------------------------------------------------- _-------- I }y ' g + 9 - ------------------------------------------ _--__--_-_-_-__�I "°°4o♦° }'"LIle� ----------------- I1Ii�IIIIi1IIiIIIIIII � -_-_----s_�H��1,i�I1II(1I�IIIIIIi ,j'• / JIIIiiI�IIIIIi111iLIIIIIL EXISTING ASPHALT PARKING LOT ________ __------------ 4 L IIIIIII1IiII,IIIIIjI11i1ii11IIIII ----------I ---- - I ?ry QII eQQ QUi3Yo HANDICAP PARKING STAL CEPERADAND SICNA STANDARDS (TYP.) ------------ UZ ------- EXISTING 1 STORY BUILDING j I 4'CONC WALK POLICE STATION --------------L----ILIBRARY -------F.F. 30.10+ AD T1I I RE -STRIPE EXISTING i PARKING LOT AS CURB CUT RAMPS PER FDOT REOUREO (TYP.) INDEX NO.304 (TYP.) ------------ + -TL -------- I _______________• 4.5'CONC WALK 3' eL e. e: \ I \I II ry1 b• TIIIIIIII "1 AS REQ(W + I 1 I I I I I i I I i I I 1 I I i I I 1 I I i I I I I I i I I I yI � M1b�' I I IM1 I I I I RE -STRIPE .0ISTMIG PARKING AS, REOUIRED'�/ 1 1 I ti I I I I I 1 1 1 45 I I I I I"°• I I I I } } I I J I I Y,p I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 i 1 1 I i J I I ` I I , 1 UJ 1 1 I Q II 1 II II I p II II I Z II it N , . I I I I I ib y I W ,I I " c I I I I 1 I I I 6• I I i I i I 1 I I O� I i I I q � i e ;• I I i I PROPOSED CURB i —� AND CUTTER (TYP.1 1 I STOP SIGN (RI-1) WITH I J DO NOT ENTER SIM \ L ♦ gM1 °y CONCRETE SIDEWALK ,' (RS-1) 6• CONC WALK ♦♦♦ ♦ ♦♦♦ ♦♦♦ ��o ♦♦ ♦♦♦ ♦♦♦ ♦♦♦ ♦♦♦♦ M1°f ♦♦♦♦ CURB CUT RAMPSIPER FDOT ♦ . . ♦. . . . ♦ ryq. IBEX NO.304 (TTPJ ♦♦ ♦♦ ♦♦ ♦ ♦ ♦ ♦ ♦♦♦ ♦♦ ♦♦ + SOUTH PARK STREET + I I I I I I I PROPOSED PLANTER AREA (TYP.) I I 1 I REPLACE EXIST11 CONCRETE SIDEI I AS REQUIRED (T 1 1 I 1 ♦ � o vx ryb ca ^m REPLACE EXISTING 8' ASPHALT PAVEMENT �o AS REOURED (TYP.) Ng Desipeed: DAM 03mo APPROVED BY- JAMESR.ORTH,P.E. CRAIG A. SMITH & ASSOCIATES PREPARED FOR POLICE STATION PROJECT CONSULTING ENGINEERS -PLANNERS -SURVEYORS NUMBER Dlar",: DAM osroo DATE l000wraMw.�Ra.a_PaI,IP.,pB,.a, CITY OF ADDITION 3 �. DATE .Y Chodwd. JRO OSIGO �STATEOFFOREID"� "°b0128 j �954)785-OWE-MIIt�'�.�� � OKEECHOBEE , ` ALTERNATE 00—mi 5 EXISTIREPLACE EXISTING ASPHALT ' TO BE REVISED DRAINAGE i PAVEMENT AS REQUIRED (TYO NORTH ARK STREET AS REQUIRED o ° 1�9 1'i°, M11 dp ` n - - - - - - - " -------------±_-_________--______________________________ +_______________________--_-_____________-__ } _________________ + • • • +�a� 6' CONC WALK D, D D D D — — A ��,,��, D D • D I • D • D • D ` D D I� ------ --------------------------------------------- - • ► • • ' I I I 1p •` M1°' 1° p 9 •t 1 I y T • I PROPOSED I ry 5 1 •1 'I co V II ' RAISED CURB IL qt' I I• (TYP.) i -4 V' •yo I I • I ry h + 19. ♦\ r1q' + ------ I I• 1 M1g1 I •I • I I � I Or I � ,`q• I ' I I. I I • I I Q' 1 ry I I I• ( I I 11 ph ry I I I ------------ J_L__________ 1 / J// 1 I I / I rll I e I I EXISTING ASPHALT I I I D I ' PARKING LOT I I - - - - - - - - - - - - - 4 1 L I I 1 I 1 I I I I I I I • I I I 1 I I 1 _______- 1° I I _____________ I ✓ I I I I /I L � I I I • I 1 I I I � • I I I I I I 1 I I = • I 0 • I "° -- — — — ------- EXISTING e I 1 STORY BUILDING _ _ _ _ — — I _ POLICE STATION P OP SE I /LIBRARY -------1ry + 1 0 — - - F.F. 30.10 ' : ' DI N i i 1 I I 1 1 RE -STRIPE EXISTING I i / r 1 PARKING LOT AS I I I 4 I I - REOUNiEO (TYP.) ------------ i I r_A / I I 1 I -------- C M1q I I I 1 I I I I - e - fp I I I I I I I I 1 I �TL •^ � � I I 1 .. 1 ------------- 4 I�r�°• 1 I+ I / I I I L__ I I L_____ ____• • e ' 3 1 1 I H1 ------- • = lop I I I j 0 ry I STOP SIGN (R1-0 WITH DO NOT ENTER SIGN ` (R5-1) ' I I I I I D I I I PROPOSED PLANTER AREA (TYP.) ) 1/tF �c �ja . i D i i REPLACE EXISTING CONCRETE SIDEWALK r G i i i AS REQUIRED (TYP.) 1p" J)J 4 } 1 � �7'l• *— • �.iq.9G y ° 6' CONIC WALK e i : e e `�` `� e S ` — - ----- .,- ' ------------ 1 �. �♦ `. `� `� `♦ `♦ ` HAVICAP PARKING TAIL \ `♦ ry ` `` ♦ �`\ AND GE( PER A A `♦ `� �♦` �♦` PROPOSED CURB CUT'RA1P5 PFR FDOT INDEX N0.�04 (TYP.) A $ ♦♦ ♦` .♦ STANOIRSS (TYPJ ♦♦ ♦` ♦\ AND I QQ000 'Lq �♦ ♦ + ♦ ♦ ♦ ♦ ♦ ♦ ryq SOUTH PARK STREET + I vC L7 Dasoo. DAMN 03= APPROVED BY' JAMES R. ORTH, P.E. CRAIG A. SMITH & ASSOCIATES POLICE STATION scALE PROJECT NSHEET UMBER PREPARED FOR : DAMDaroo DATE )NO CONSULTENGINEERS-PLANNERSSURVEYORS CITY OF ADDITION NUMBER 4 cNrd1�o: JRO 03100 �M ,ODD FWft 3 0 0e(954) 7 IpWIO Bled(CoArm F�:c,a�T TE c�"�.�11, OKEECHOBEE ALTERNATE N0.4 ,•-,17 — 00-0901 5 No. DATE REV91ON BY `STATEOFFLORIDAEERNo.50,28 ` + 'Ie1 I ' 1 I � • I I I 11 • 11 I I I I i , ______________________________ II I,1I1 f____-'f__-__1 Q 0 f____-' L �IQ JLJJ�----O- J+1 ------------L-----------------------`___________- �I 2 STORY BUILDING o W CITY HALL I _-------------- ----------------------------------------- F F - 30.54 1 -----j r-----� 0 i 0 r-----� f� --'J---I L_____J J LJ L, I I I 1� ,I + II ' I 3 ' ' I '��• I � ' I I I/ + U Z O 1 I I 1 2 I I U 1 1 1 11 0 I I I I I I/ I I 1 If II 'It II If 11 GRASS If EXISTING ASPHALT 17 PARKING LOT I I hp, '1 , , 1 1 1 7� II L-----------------------J �/ I REPLACE EXISTING / CONCRETE AS REQUIRED 0 ' I I I I I I , , I e• L -' ,r.e .Q a .Q ..Q .Q .e � CONC WALK o a I I �•� EXTEND ICONCRETE APRON AS REOrED .'i ..Q ---------------- tie' tie? i , ¢ tie �. C / i qWi i + 6'CONC WALK I PR 0 --- LJ rp C --------------------------- ' --_i'' i ' i EXISTING UTILITIES f DI ON --I I--- I \ _ I TO IBE RELOCATED lk ----- ---- ----- ---- ---- J I %IC e + ♦ e o\ ♦♦ '1' 1e. I i I BY iOTHERS (TYP.) , , ----------------------I 1 i I I Th gee ♦ ♦♦ ♦ I I 1 I , I , I , , I , I , , I I , ; yh I he. \\ e 1 I I Z 1 ' CONC 1 , I 1 I I h h e ♦ ♦ h t I I 0I ♦ ' ;tie' 2 STORY BUILDING �e + " FIRE STATION , i l o i F. F. - 29.12 tio1� heoe _______________________ _____________ a� I h _____________________ I , I I SOUTH PARK STREET _______ J________________________ I ��• e1' I I , I I JL______r ___________________________________J�_________-__________ ___ _____ ___-_____ _____ __ _ _ __ \ L_ Q___ I \ � ILy � goip" // oe CS' II III 1I tie II I htl''L e 9 1 ASPH PAVEMENT ^ ~ej III 11 111 11 1 __________________________________________________________ I -- —�_ I I I I r; w 1 WI I Q I I a �g cn 1 I � � J Jo- Das*wd: oAM 03=0 r CRAIG A. SMITH & ASSOCIATES PREPARED FOR FIRE STATION PROJECT 3HEET NCR CED APPROVED BY, JAMESR.ORTH,P.E. DAM 03N0 JRO oaro0 DATE CONSULTING ENGINEERS-PLANNERSSURVEYORS CITY OF 1000 Wag Mddab Road - Par"m Beech Florida (954)782-8= OKEECHOBEE ADDITION PAVING AND DRAINAGE PLAN NUMBER 00-0901 ED 5 5 DmWI: REGISTERED ENGINEER No.50126Gor Cam: NO. DATE REVISION BY ESTATE OF FLORIDA Fax: (954) 788.89Y7 E-Mail• aemilh.wn • • CITY OF OKEECHOBEE 941)763-3372 * Fax 941)763-1686 CITY DEPARTMENT AGENDA ITEM REQUEST FORM EXHIBIT 7 - 5/2 AGENDA Submitting Deparment: Public Works Department by Cleveland Lamb MEETING: REGULARD SPECIAL d WORKSHOP ❑ DATE: May 2, 2000 PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA. 2000 New Holland tractor and a boom inter arlra2ca itr and m„ -) Briced at $43, 103.70. PLEASE STATE RECOMMENDED ACTION BY THE CITY COUNCIL. Award a bid to Alamo Industrial _for the purchase of a New Holland Tractor with side mount Boom Mower in the amount of $43,103.70. PLEASE SUMMARIZED ExPLANATIONIBACKGROUND INFORMATION AND ATTACH APPLICABLE DOCUMENTS. I got two State contract bids for a -tractor with side mount mnwpr whirh wares New Holland: Nortrax EauiD_ menr for $50 600 00 John nPPrP• Nartrny FqI,; mnnt for 5„Q,,,�010.00. Alamo Industrials for $43,103.70, Alamo Industrials for 47.702.89 We need this eauinment as 5ppq as possible a her at1Ce of the rni n- nna c„m.,,o, t also the tractor & mower I have is worn out and has to be oieced toeat.her 1p, ruder for u& to use it. There j.s a thrpp (� n h delivery: ti�}�_ „nPr r, This is a budgetted item. IF PRESENTATION IS TO BE MADE, HOW MUCH TIME WILL BE REQUESTED? LJ f� U ORDINANCE NO. 751 EXHIBIT 8 - 5/2 AGENDA AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING ORDINANCE NO. 716, THE LAND DEVELOPMENT REGULATIONS (LDR'S); PARTICULARY SECTIONS 573 SIGNS IN PROFESSIONAL AND OFFICE DISTRICTS AND 574 SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS THEREOF; AMENDING SAID SECTIONS OF ORDINANCE NO. 716 TO REFLECT A DEFINITION AND CLEAR INTERPRETATION OF THE SIGN REQUIREMENTS THEREIN; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Sections 573 and 574 of the LDR's are uncertain in their meaning and application and its terms not defined in the LDR's; and WHEREAS, it appears the intent of the City of Okeechobee in enacting the LDR's was to limit the number and type of signs that could be erected in Professional and Office Districts and in Commercial and Industrial Districts within the City; and WHEREAS, by amending said Sections in the LDR's the public will be clearly on notice as to b type and number of signs permitted or allowed. NOW THEREFORE be it ordained by the City of Okeechobee, Florida, as follows; Section One. Section 573 of Ordinance No. 716 is amended as follows: 573 SIGNS IN PROFESSIONAL AND OFFICE DISTRICTS The following Regulations shall apply to signs in Professional and Office zoning districts: Total area of all signs for an enterprise shall not exceed 1 square foot for each linear foot of property on a frontage street, plus 1 square foot for each 2 linear feet of property on side streets. 2 Three signs are permitted to advertise services on the premises, so Iona as there exist one business, establishment and structure on the lot fey eaGh eRteFPFise. 3 One ground sign is permitted in the front yard, and shall not exceed 50 square feet in sign area, 20 feet in height, nor be closer than 25 feet to a residential district. 4 These additional signs are prohibited: off -premises, portable, and wind signs. 574 SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS The following Regulations shall apply to signs in Commercial, Central Business and Industrial zoning districts: Total area of all signs for an enterprise shall not exceed 1.5 square feet for each linear foot of property on a frontage street, plus 1 square foot for each linear foot of property on side streets. 2 Building and wall signs, and 1 ground sign are permitted to advertise services. and the sale or manufacture of products on the premises, so lonq as there exist one business establishment and structure on the lot fef-eaGh 3 One ground sign is permitted in the front yard, and shall not exceed 30 feet in height, nor be closer than 25 feet to a residential district. Page 1 of 2 Section Two. If any provision or portion of this ordinance be deemed to be invalid, the remaining portions shall remain in full force and effect. INTRODUCED for first reading and public hearing on the 2"d day of Mav , 2000. JAMES E. KIRK, MAYOR ATTEST: BONNIE THOMAS, CMC, CITY CLERK ADOPTED after second reading and public hearing on the 161h day of May , 2000. ATTEST: BONNIE THOMAS, CMC, CITY CLERK REVIEWED FOR LEGAL SUFFICIENCY: JOHN R. COOK, CITY ATTORNEY JAMES E. KIRK, MAYOR Page 2 of 2 CITY OF OKEECHOBEE LAND PLANNING AGENCY SUMMARY OF AGENCY ACTION I. CALL TO ORDER - Chairman. Land Planning Agency April 25, 2000, 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 III. MINUTES - Secretary. PAGE 'I OF 4 Chairman Walker called the April 25, 2000 Land Planning Agency Meeting to order at 7:05 p.m. Secretary Castorina called the roll: Present Present Absent (without consent) Present Absent (without consent) Present Present Absent (without consent) Present (Serving as a voting member) Present Present A. Motion to dispense with the reading and approve the Member Mueller moved to dispense with the reading and approve the Summary of Agency Action Summary of Agency Action for the meeting of February for the April 25, 2000; seconded by Member McCoy. 22, 2000. WALKER - YES HOOVER - YES LEDFERD - YES MCCOY - YES MUELLER - YES JONES - YES MOTION CARRIED. IV. NEW BUSINESS. A. Consider the Five -Year Based Plan Amendment of the Evaluation and Appraisal Report which cover revisions necessary for various elements of the Comprehensive Plan - City Planning Consultant (Exhibit 1). APRIL 25, 2000 - LAND PLANNING AGENCY - PAGE 2 OF 4 City Planning Consultant, Jock Robertson of LaRue Planning and Management Services addressed the Agency regarding the Evaluation and Appraisal Report (EAR) as it relates to the City's Comprehensive Plan. It is the Land Planning Agency's responsibility to review the amendments to each Element. Make recommended changes, the amendments are then forwarded to the City Council for transmittal to the Department of Community Affairs. Chairperson Walker opened the floor for discussion. The following were noted as recommended changes to the EAR: Future Land Use Element, Objective 1, Policy 1.1 Public Facility and LOS Standard. Mr. Robertson will verify the Level of Service Standards numbers. Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Ground Water Recharge Element, Page 5, Policy 5.4 states "The City shall, by 2002, reduce its level of service standard for solid waste disposal from 11,250 tons per year to 12,000 tons per year." This is an increase not a reduction. Page 6, Policy 8.1 states "The City's Utility services..." the Okeechobee Utility Authority is now the utility service provider, therefore this paragraph should be reworded to state "The City shall continue to encourage conservation of water consumption." Capitol Improvements Element Page 5, Water and Wastewater Treatment Plant Expansions, Mr. Robertson noted this would be advisory only to the Okeechobee Utility Authority. Public Participation Procedures, Page 2, states "Ordinarily, a planning and zoning board or commission serves as Local Planning Agency for the jurisdiction. However, as the City of Okeechobee has no such board..." This needs to be amended since the City Council has appointed a Board and recently amended the Code of Ordinances to also reflect the authority of this board. Member Mueller moved to recommended approval of the EAR as amended; seconded by Member Ledferd. IV. NEW BUSINESS CONTINUED. A. Consider the Five -Year Based Plan Amendment of the Evaluation and Appraisal Report which cover revisions necessary for various elements of the Comprehensive Plan continued. WALKER - YES HOOVER - YES LEDFERD - YES MCCOY - YES MUELLER - YES .ZONES - YES MOTION CARRIED. APRIL 25, 2000 - LAND PLANNING AGENCY - PAGE 3 OF 4 �sider a proposed amendment to City Land Attorney Cook addressed the Agency explaining that an amendment needed to be made to elopment Regulations, Ordinance 716, Section 573 Section 573 Signs in Professional and Office Districts and Section 574, Signs in Commercial and is in Professional and Office Districts and Section Industrial Districts in the Land Development Regulations (LDR's). According to the City's Building , Signs in Commercial and Industrial Districts - Inspector, Tom Bubb, these sections contain some "loose language" as far as interpretation. ,rney Cook (Exhibit 2). Following a brief discussion Member Mueller moved to recommend the City Council approve the amendment as outlined in Exhibit Two: seconded by Member Ledford. WALKER - YES HOOVER - YES LEDFERD - YES MCCOY - YES MUELLER - YES .ZONES - YES MOTION CARRIED. C. Consider a proposed amendment to City Land Attorney Cook explained to the Agency that when an applicant is denied a Special Exception or Development Regulations, Ordinance 716, Section 220 Variance for a particular piece of property, they cannot reapply to the Board of Adjustments for Application for Rehearing - Agency Attorney (Exhibit a minimum six months. The proposed amendment as outlined in Exhibit Three will allow an 3)• applicant, with sufficient information, to request authority from the City Council to reapply, therefore waiving the six month waiting period. APRIL 25, 2000 -LAND PLANNING AGENCY -PAGE 4 OF 4 IV. NEW BUSINESS CONTINUED. C. Consider a proposed amendment to City Land Following discussion, the consensus of the Agency was that they did not feel the City Council Development Regulations, Ordinance 716, Section 220 should override the decision of the Board of Adjustments. Discussion ensued, Member Mueller Application for Rehearing continued. moved to table this item until next month, Attorney Cook was instructed to rewrite the proposed amendment to eliminate the waiver and amend the six (6) month waiting period to sixty (60) days; seconded by Member McCoy. 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. Jerry E. Walker, Chairman ATTEST: Beatrice Castorina, Secretary WALKER - YES HOOVER - YES LEDFERD - YES MCCOY - YES MUELLER - YES JONES - YES MOTION CARRIED.. There being no further items on the agenda, the meeting was adjourned at 5:50 p.m. x 2 • CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: April 27, 2000 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ADMINISTRATION 1. City Hall Park - The final site plans are complete and the survey is finished. Compilation of contractor specifications for concrete, electrical, and irrigation work has begun. In addition, site preparation plans are being discussed. 2. Industrial Park/Sheffield Environmental - We are coordinating discussions and exploring potential development of the City's industrial park in conjunction with the Sheffield Environmental Group's proposal. 3. Utility Permits N A possible fee charge, which would accompany the new utility permit was discussed by the Mayor, Attorney Cook and OUA representatives. 4. Reformat budget presentation - The City Administrator and finance coordinator met to develop a new worksheet which includes the Mayor's recommendations. S. Downtown awnings - We are currently exploring a potential public/private collaboration which would result in the cleaning of the awnings and side walks along South Park Street. 1 ADMINISTRATION 6. Change in trash collection billing - We are exploring the CONTINUED possibility of putting City residents and business trash collection billing on the tax bills. 7. Eckerd Youth Foundation - Eckerd Youth Foundation will begin assisting the City by doing the following: • Keeping the City clean (ie..picking up trash, sweeping sidewalks) • Trimming and replacing plants in the downtown area as well as adding mulch when needed. 8. Eckerd Halfway House - We are currently looking into the possibility of Eckerd Halfway House mowing the old library property, saving the City $60/month. They will provide their own mowing equipment and tools. They are currently painting Martha's House. The City would like to have at least one special project per month (maybe four hours on a Saturday morning) for this group. 9. Web Page - The Unified Land Development Codes are now online. The web address is www.citvofokeechobee.com/uldc.htm,. 10. Audit - We have sent a letter of response regarding the findings on our most recent audit. We are implementing changes to address these findings. 11. Great Floridians 2000 Plaque - The plaque honoring Peter Raulerson has been received. A needed addition to the plaque has been ordered. Arrangements for an unveiling and reception are being made. 2 • 0 CITY CLERK 1. Public Works Director - Three candidates will be interviewed at the May 2 City Council Meeting. 2. Now Employee - Applications are now being accepted for the new position in the City Clerk/Building Department offices. The application deadline is April 28th. 3. Firefighter/EMT Position - The deadline to return applications for the Firefighter/ EMT position Alan Clark vacated was extended to April 28th due to lack of applications received. Numerous applications have since been received. 4. Code Enforcement Board - The City is now advertising for an alternate member for the Code Enforcement Board. If you know of anyone who would be interested, please have them contact the City Clerk's Office. LAND PLANNING The Land Planning Agency last met April 25, 2000. The Board did AGENCY the following: • The Board recommended to send the five year plan amendments for the Evaluation and Appraisal Report to the Council for consideration. • The Board recommended that Ordinance 716 (signs) be reworded. • The Board asked Attorney Cook to readdress the process for rehearing an issue in order to provide a mechanism for a rehearing within 60 days without going before the City Council. �R:3 BOARD OF The Board of Adjustment met on February 22nd. They considered an ADJUSTMENT application for a Special Exception to allow a church in a Residential Single Family (RSF) zoning under 5 acres. Because of several issues including the concern for adequate parking, the Board voted not to allow the Special Exception. PUBLIC WORKS 1. Sidewalk/Street Cut on SW tad Avenue - City and OUA engineers are discussing various options regarding the cut. 2. Side mower - City Council will review a request during the May 2nd meeting to purchase a side mower for $43,103.70. CODE A Code Board Meeting will be held May 9th at 7 p.m. in the Council ENFORCEMENT Chambers. The Board will review the following: 1. Red Rooster Restaurant - (a) The Red Rooster has no dumpster service, (b) A new roof was put on the building without a licensed contractor or drawing a proper permit. 2. James R. Almond, Land Surveyor ~ Mr. Almond is scheduled to appear before the board for refusal to renew his City Occupational License. POLICE 1. Traffic Light - According to DOT, traffic count at 4th Street and S. Parrott Avenue does not warrant installation of a new traffic signal at this location. However, we are looking at other justifications for traffic light installation that DOT may consider. 2. Police/Fire Building Renovations - Craig A. Smith & Associates is scheduled to present the completed plans for the Police and Fire Buildings to the Council during the May 2nd Council Meeting. 3. New Hire - The Certified Police Officer position has been filled by Dawn Wendt. 4 OUTSTANDING ISSUES -CITY ATTORNEY 1. Updating and modernization of City Ordinances (Code Book and LDR's • Telecommunications • Departments and Offices • Planning and Development • Streets and Sidewalks • Subdivision Regulations • Water and Sewer Regulations) 2. Adelphia Cable TV Franchise Agreement Renewal. - A meeting between Adelphia and the City is currently being organized. 3. Sprint Telephone Franchise Agreement Renewal - A copy of of a recent agreement with a neighboring City is being sought. 4. Referendum for Tax Abatement for Economic Development For November ballot. 5. Waste Management regarding proposed changes in the Solid Waste Franchise Agreement. 6. Fire Hydrant Issue with the OUA - The Mayor, City Attorney, and OUA officials met April 10+b. 7. Notice of intent to sue. (Pam Miller case) 8. Bettye Taylor case - City liability could'be unlimited. Legal action regarding GRIT and Bankruptcy Court is being pursued. 9. Marvin Brantley - An appeal brief has been prepared for the City on the Brantley appeal. The Appellate Panel should give us a decision in 30-60 days. 5 OUTSTANDING ISSUES 1. PRM Interlocal Agreement - Consolidate policies between the City, County and Sheriff's Office to achieve lower premiums. Current possibilities do not seem to favor the City. (John Spyker.) 2. Re -structure salary schedule (City Clerk, Department Heads, City Administrator) - Review of job descriptions with Department Heads is underway. 3. Updating required insurance programs, ie: safety, blood born pathogens, drug -free workplace (Chief Tomey 8s Safety Committee) - Implementation of drug -free workplace & safety policies is currently underway. Training of department heads has been completed. 4. Modernize Code Enforcement Policies and Procedures (Chief Tomey 8s Attorney Cook) 5. Final determination regarding implementation of 99-00 capital outlay in Street Improvement (Lawson, Noble, & Webb and Council) 6. Enhanced 911 (City and County Staff) 7. Safety inspection/compliance of Public Works from the Florida Department of Labor Safety and Health Program (Public Works Director) C: 6 OUTSTANDING I Wne-Term: ISSUES CONTINUED 1. Apply for CDBG Grant for continuation of Downtown Project. 2. Address traffic congestion problems due to hurricane evacuations. 3. Adopt a 5 year program addressing growth, economic development, community development and organizational development. 4. Construction of bridge over Taylor Creek for access to City property. 7