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2000-06-06 RegularCITY OF OKEECHOBEE JUNE 69 2000 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER: - Mayor: June 6, 2000, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Marvin Nemitz; 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 May 16, 2000 Regular Meeting. Mayor Kirk called the June 6, 2000 Regular City Council Meeting to order at 6:00 p.m. Pastor Nemitz led the invocation; Mayor Kirk led the pledge of allegiance. City Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present PAGE 1 OF 9 Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the May 16, 2000 Regular Meeting; Council Member Oliver. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. 902 JUNE 6, 2000 - REGULAR MEETING - PAGE 2 OF 9 VII. 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. New Business item F was added to the agenda to consider a Community Development Block Grant Contract with Craig A. Smith and Associates. Council acknowledged Boy Scout Troop No. 941 members who were in attendance. Mr. Joshua Bryner, speakerforthe group briefly addressed the Council explaining they were attending the meeting to earn their communications merit badge. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III Mayor Kirk opened the Public Hearing for Ordinance Adoption at 6:04 p.m. A.1. a) Motion to read by title only, proposed Ordinance No. 752 amending Council Member Watford moved to read by title only, proposed Ordinance No. 752 amending the Land the Land Development Regulations regarding Applications for Development Regulations regarding Applications for Rehearings; seconded by Council Member Markham. Rehearings - City Attorney (Exhibit 1). 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. 752 by title only. Attorney Cook read proposed Ordinance No. 752 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 716, THE LAND DEVELOPMENT REGULATIONS (LDR'S); PARTICULARLY SECTION 220 APPLICATION FOR REHEARING; PROVIDING FOR EXPEDITED REHEARING IN CERTAIN INSTANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 752. Council Member Watford moved to adopt proposed Ordinance No. 752; seconded by Council Member Oliver. b) Public comments and discussion. Mayor Kirk asked whether there were any comments or questions from the public, there were none. Attorney Cook noted that the Land Planning Agency recommended approval of this ordinance as presented. .TUNE 6, 2000 - REGULAR MEETING - PAGE 3 OF 9 903 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. c) Vote on motion. Close Public Hearing - Mayor. VII. NEW BUSINESS. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED Mayor Kirk closed the Public Hearing at 6:06 p.m. A.1. a) Motion to read by title only and set June 20, 2000 as a public Council Member Oliver moved to read by title only and set June 20, 2000 as a public hearing date for proposed hearing date for proposed Ordinance No. 749 amending the Police Ordinance No. 749 amending the Police Officers' Pension Fund; seconded by Council Member Markham. Officers' Pension Fund - Attorney Scott Christensen (Exhibit 2). VOTE b) Vote on motion to read by title only and set public hearing date. KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 749 by title only. Attorney Cook read proposed Ordinance No. 749 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITYOFOKEECHOBEE 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 FINANCE 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 PROFESSIONAL; PROVIDING FOR A MAXIMUM PENSION LIMITATION; PROVIDING FOR 904 .TUNE 6, 2000 - REGULAR MEETING - PAGE 4 OF 9 VII. NEW BUSINESS CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 749 by title only DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS; PROVIDING FOR REPEAL OR continued. 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 FORTRANSFERS 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." 2. a) Motion to approve the first reading of proposed Ordinance No. 749. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 749; seconded by Council Member Watford. b) Discussion. Pension Attorney, Lee Dehner of Christiansen and Dehner, P.A., addressed the Council explaining that these amendments reflect state law changes and they are at no additional cost to the City. In response to Council's questions, an actuarial report was completed. The amendment is not in any danger of costing the city funds in the future. This will change the retirement age from sixty with ten years of service to age fifty-five with ten years of service. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. B.1. a) Motion to read by title only and set June 20, 2000 as a public Council Member Watford moved to read by title only and set June 20, 2000 as a public hearing date for proposed hearing date for proposed Ordinance No. 750 amending the Ordinance No. 750 amending the Firefighers' Pension Fund; seconded by Council Member Markham. Firefighers' Pension Fund - Attorney Scott Christensen (Exhibit 3). JUNE 6, 2000 - REGULAR MEETING - PAGE 5 OF 9 905 VII. NEW BUSINESS CONTINUED. VOTE B.1. b) Vote on motion to read by title only and set public hearing date. KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 750 by title only. Attorney Cook read proposed Ordinance No. 750 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE RESTATED CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, AS ADOPTED BY ORDINANCE 656, AS SUBSEQUENTLY AMENDED; PROVIDING FOR DEFINITIONS; PROVIDING FOR MEMBERSHIP; PROVIDING FORA 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 PROFESSIONAL; PROVIDING FOR A MAXIMUM PENSION LIMITATION; PROVIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS; PROVIDING FOR REPEAL OR TERMINATION OFTHE SYSTEM; PROVIDING FOR EXEMPTION FROM EXECUTION AND NOWASSIGNABILITY; 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 PURCHASE OF CREDIT FOR MILITARY SERVICE PRIORTO EMPLOYMENT; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; DELETING SEPARATION FROM EMPLOYMENT FOR MILITARY SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 750. Council Member Oliver moved to approve the first reading of proposed Ordinance No. 750; seconded by Council III Member Chandler. b) Discussion Pension Attorney, Lee Dehner again addressed the Council, the amendments reflect state law changes and they are at no additional cost to the City. In response to Council's questions, an actuarial report was completed. The amendment is not in any danger of costing the city funds in the future. This will change the retirement age from sixty with ten years of service to age fifty-five with ten years of service. •1• JUNE 6, 2000 - REGULAR MEETING - PAGE 6 OF 9 VII. NEW BUSINESS CONTINUED. B. 2. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. C. Consider a request from the Okeechobee Utility Authority to adopt Exhibit Four contains a letter to Administrator Veach fromthe Okeechobee Utility Authority Executive Director requesting a resolution objecting to Senate Bill 1280 requiring public counsel that the City Council consider adopting a resolution objecting to Senate Bill 1280. The bill actually relates to nursing for the Public Service Commission to provide legal representation homes and health care facilities, however, an amendment was added to the bill which included language pertaining to in proceedings concerning water and sewer rate changes - City water and sewer utilities that would require public counsel of the Public Service Commission to provide legal Administrator (Exhibit 4). 11 representation in proceedings concerning water and sewer rate changes. Following a brief discussion, Council Member Watford moved to approve a resolution objecting to Senate Bill 1280, and thatthe Clerk numberthe resolution appropriately and amend the wording of section two of a similar Resolution from the City of Delray Beach as appropriate; seconded by Council Member Oliver. Attorney Cook read the Resolution by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA. OBJECTING TO LANGUAGE ADDED TO SENATE BILL 1280 THAT PROVIDES FOR PUBLIC COUNSEL OF THE PUBLIC SERVICE COMMISSION TO PROVIDE LEGAL REPRESENTATION IN PROCEEDINGS BEFORE CITIES AND COUNTIES REGARDING WATER AND WASTEWATER UTILITY RATES, AND REQUESTING THAT THE GOVERNOR VETO SUCH LEGISLATION; PROVIDING AN EFFECTIVE DATE." VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. .TUNE 6, 2000 - REGULAR MEETING - PAGE 7 OF 9 907 VII. NEW BUSINESS CONTINUED. D. Discuss the 1999-2000 Fiscal Year Paving Improvements and I Administrator Veach presented the Council with a list of streets scheduled to be paved. There are ten streets on the authorize staff to let for bid - City Administrator/Public Works list. He requested permission from the Council to structure the request for proposal (or bid) to allow to delete streets Director (Exhibit 5). starting with number ten on the list and working up in order to meet the budget amounts. Council agreed with structuring the proposal in this manner, which vAll allowthem more leverage to getthe most number of streets paved in this budget year. Discussion continued regarding listed item number ten which is Southwest 12"' Avenue, from Northwest Park Street (also known as State Road 70 West), south to Southwest 2nd Street. Following lengthy discussion regarding the amount to pave this street which would include guard rails and relocating utilities due to the city/county drainage ditch that runs parallel with it, Council Member Chandler moved to gate Southwest 12tn Avenue at Northwest Park Street and Southwest 2nd Street; seconded by Council Member Watford. The Council decided that blocking the street off at this time was the best method to help the property owners next to that street, considering the proposed widening State Road 70 West. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Discussion continued regarding listed item number nine, Northwest 19' Street, from 9"' Avenue west, to 10' Avenue and Northwest 10"' Avenue, from 12' Street, west to 13"' Street. Council decided to delete this street since there is no development on these streets. Council Member Watford moved to approve the street paving list, authorize the Administrator to submit it for proposals and that listed item number one also include an option for sidewalks and curbing, and that listed items numbered nine and ten be deleted from the list; seconded by Council Member Chandler. •1: JUNE 6, 2000 - REGULAR MEETING - PAGE 8 OF 9 VII. NEW BUSINESS CONTINUED. D. Discuss the 1999--2000 Fiscal Year Paving Improvements and authorize staff to let for bid continued. E. Discuss information received from local contractors regarding the new Police Department Building Renovations - City Administrator (Exhibit 6). F. Motion to approve the contract between the City and Craig A. Smith and Associates for grant preparation services for the Federal Fiscal Year 2000 in the Community Development Block Grant program category of Economic Development - City Administrator (Exhibit 7). VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Administrator Veach advised the Council that local contractor's figures came back as a more realistic amount and he requested authorization to go out for proposals with five alternatives, then the Council can pick out what they want and get the most for the budget amount. The proposal will need to be structured as a design/build and the City will need to retain the services of Craig A. Smith and Associates. Attached with Exhibit Six is a proposed contract in the amount of five thousand, five hundred dollars ($5,500.00). The only down side to doing it this way is the City may have to retain services of a consultant as the project progresses for inspections. Following a brief discussion, Council Member Oliver moved to approve the contract with Craig A. Smith and Associates in the amount of five thousand, five hundred dollars ($5,500.00) to prepare the contract documents and specifications for the proposed Design/Build construction of the new Police Station located at the site of the vacated County library; seconded by Council Member Watford. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Administrator Veach addressed the Council explaining that Exhibit Seven contains an agreement between the City and Craig A. Smith and Associates instructing them to preform the grant preparation services in the Community Development Block Grant program category of Economic Development. Obtaining this grant will be the first step to developing a city industrial park with Sheffield Environmental. Sheffield has agreed to pay for the cost of submitting the grant, and the City has received the initial five thousand dollars ($5,000.00) from Sheffield. The City is the entity who has to actually submit the grant. JUNE 6, 2000 - REGULAR MEETING - PAGE 9 OF 9 VII. NEW BUSINESS CONTINUED. F. Motion to approve the contract between the City and Craig A. Smith and Associates for grant preparation services for the Federal Fiscal Year 2000 in the Community Development Block Grant program category of Economic Development continued. VIII. ADJOURNMENT -MAYOR. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ATTEST: JC% BONNIE S. THOMAS, CIVIC, CITY CLERK JAMES E. KIRK, MAYOR Council Member Watford moved to approve the contract between the City and Craig A. Smith and Associates for grant preparation services for the Federal Fiscal Year 2000 in the Community Development Block Grant program category of Economic Development; seconded by Council Member Oliver. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 6:55 p.m. -- - - - - ' - -- --- ------- Cff- 6FIDKEECHOBEE - - -- -- CITY COUNCIL REGULAR MEETING - June 6, 2000 - IiAML)IIYKI I I LN MINU I Lb - — — — i- -- CALL TO ORDER- __Mayor ^- -- ------- --} �{�; - , ---i�FVOC8�9R � t i Pledge of Allegiance led by Manor K" '' IIl. MAYOR, COUNCIL AND STAFF ATTENDANCE - _ i Prey Absent e T —_Mayor Ki Council Member Chandler - - - --_i _-Oount*Member Markham - Council Member Oliver ^- }— - Council Member wattorcl ✓� i.. Attorney Cook _ Administrator Veach City Clerk TThoma-q Deputy Clerk Gamiotea f IV. MINUTES - City Clerk. _ and apprSummary A. Council Member moved to dispense with the reading e of _-____CounciLActon-foLth_ ay16.2000_RegutarM o: Council Member go DISCUSSION: -- - -- Yew No Abstained Absent KIRK j CHANDLER --- — - --- ---- -- MARKHAM OLIVER MOTION: — DENIED - VII. AGENDA - Mayor. _ V - 7� Requests for the addition, deterral or vwtnarawai or items on today's agen-da. - - --- - - -- - -- ---- - - - __ - --- - - --- ----- - - - -PDT=2-= ---- OPEN PUBLIC HEARINGCEADOm ION -- Mayor - - -- - ; — -- - - _ —_- A. I. a) Council MemberM moved to read by title only, proposed Ordinance No. 752 amending the Land Development Regulations regardingApplications for Rehearings - City - - - - -- --f - - - -- -- Attorney (€ ; sK;ond�d.by-C-Qunck1herober ---- ----*---Alot� --- -- ---- �a ---No---Abstained Absent - - i KIRK - -- — -- - fi------CHANDLER-- - - - - - -- - -- - tD1'1Tep tD read pi (wood - Ordinance No. 752 by title only as MARKH ----- -- f6110M: "AN ORDINANCE Ut I tit / - -- CITYOFOKEECHOBEE, FLWATFORD_ORIDA, AMENDING ORDINANCE NO.716, MOTION: IED DENIED -_THE LAND DEVELOPMENT REGULATIONS (LDR'S); -- — - -- TREHEARING IN CERTAIN INSTANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR --- - --,TIVE D ATE." - - -- --- - --- 2. a) Council -Member. moved to adopt proposed Ordinance No. 752: seconded by Council Member b) Public comments and discussion. J1 _- -- - -- - - ti i i i I - ---- - - • - -- -_-. -� �Ot�On mofion — 1 ?Close Public Hearin yea No Abstained Absent KIRK - - -- - ---- CHANDLERMARKHAM OLIVER — - —-WATFORD --- - - - — - p.m. Mu I IUN: U HKK u -DENIED- -- ---- -- ------ - +VIC - A.1. a) Council Member--- moved to read by title only and set June 20, 2000 as a public hearing date for proposed Ordinance No. 749 amending the Police ers' Pension Fund - _-- -Attorney. Scott Christensen _(Exhibit2);_seconded by Co _ -- -- -- _ and set public hearing date. _c) City Attorney to read proposed - -)Ordinance No. 749 by title only as _ follow_s: "AN ORDINANCE OF_THE CITY OF OKEECHOBEE Yea No Abstained Absent KIRK CHANDLER _�_ — MARKHAM OLfVER -- -- - --- - — ----- WATFORD MOTION: C RI D DENIED CITY OF OKEECHOBEE — -- - RBT-IREMENT---SYSTEM FOR POLICE OFFICERS AS ADOPTED BY ORDINANCE 657 AND AS SUBSEQUENTLY AMENDED, PROVIDING FOR DEFINI710NS, PROVIDING FOR MEMBERSHIP, PROVIDING—- - FOR A BOARD OF TRUSTEES; PROVIDING FOR FINANCE AND FUND MANAGEMENT; { PROVIDING FOR CONTRIBUTIONS; PRUVIUINU WN 604t -11 AMOUNTS AND ELIGIBILITY; PROVIDING FOR PRE -RETIREMENT DEATH BENEFITS; PROVIDING FOR i DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PROVIDING OPTIONAL --FORMS_- -OF--BENEFITS; - PROVIDING f_OR_--BENEFICINRIES- -PROVIDING CLAIMS _ _-- PROCEDURES; PROVIDING FOR REPORTS TO THE DIVISION OF RETIREMENT; {-PRCMDIN6-F6R A -ROSTER -$F RETIREES; DE EIING BOARD _-- PROFESSIONAL; PROVIDING FOR A MAXIMUM PENSION LIMITATION; PROVIDING FOR - -- DISTRIBUTION OF BENEFITS, PROVIDING MISCELLANEOUS PROVISIONt 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; -- ----- - -- - -+ -- - ------ PROV11D1NG -.FOR..- INDEMNIFICATION AND DEFENSE OF_ C!-AUdS; _ PROADING FOR --- - - TRANSFERS WITHIN THE CITY PROVIDING FOR DIRE* TRANSFERS OF ELIGIBLE -- --- --- -- I ----- — - SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITYOF PROVISIONS; KEPEALING ALL ORDINANCES IN CONFLICTHEREWITH I AND PROVIDING AN EFFECTIVE DATE." 2. OLingl Mem_her moved -Motto rove the first readin of proposed Ordinance _ No. 749; seconded by Council Member b) Discussion. Yea No Abstained Absent KIRK - -- CHANDLER - - - - --- - --- - - -- - -- - '�� MARKHAM -- ---- 7 - - - -- - - OLIVER - - - -- -- - WATFORD c) Vote on motion. MOTION: (CARRIE _ DENIED 1 f --1 -- - - - - — --- - -- -- -- ---- - - --- --- - - --- - b) • • 'I Member -—m-ove4lo read -Gym-on y an�set -June -0;-- ubTic - - - _ hearing date for proposed Ordinance No. 750 amending the Fire hers' Pension Fund - Attorney Scott Christensen (Exhibit 3); seconded by Council Member - b) Vote on motion to read by title only-mnei eat Yea No Abstained Absent -- pubic; hearing -date. MKK - CHANDLER - - --- - - C -tu icod i uavd MARKHA# - - -- ----- —� rtY�Y N N OLIVER --- - --- - - - - -- -- Ordnance No. 750 by title only as-WATFORD-- follows: AN ORDINANCE OF THE - CITY OF _OKEECHOBEE - --- - - -- - - �- -- - AMENDING THE RESTATED CITY - — -- ��' - ��—- - - --—OF__OKFECHOBEE -MUNICIPAL — -- — ---- -- ------ - - - - - FIREFIGHTERS' PENSION FUND, AS ADOPTED BY ORDINANGE 656, AS SUBSEQUENTLY -AMENDED PROVIDING fOR- - DEFINITIONS; PROVIDING FOR MEMBERSHIP; PROVIDING FORA BOARD OF TRUSTEES; -PROVIDING FOR FINANCE$ AND PUND - MANAGEMEMT, - - CONTRIBUTIONS; PROVIDING FOR BENEFIT AMOUNTS AND ELIGIBILITY; PROVIDING - --- - - -�� 1-UK I'KC-I<t 1 IKC141CI41 Ur -A I H blzi tll I S; I kUVIVIIVh WK UISAbILI I V ftlftI•I 15; -- 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 ROSTEROF RETIRE DELETING BOARD ATTORNEY AND PROFESSIONAL; PROVIDING FOR A MAXGMUM --- - - - _— +—--PENSSION - 8EN€FITS; PROADING - MISCELLANEOUS PROVISIONS; PROVIDING FOR REPEAL OR TERMINATION OF THE -SYSTEM, PROVIDING FOR EXEMPTION FROM EXECUTION AND NOWASSIGNABILITY, PROVIDING FOR PENSION VALIDITY; PROVIDING FOR FORFEITURE OF PENSION UNDER - '----- — - late I AjN UIRUuMS I Alfa; iJkUViUiNU rUK LUNVik: I WN ANU rUkrri I uKt, rwLSI; MISLEADING OR FRAUDULENT STATEMENTS; PROVIDING FOR INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR TRANSFERS WITHIN THE CITY PROVIDING FOR - __-- _-- - -- -.-_ _PURCHASE OF__-_CREDIT-FOR1V MILITARY SERVICE PRIOR_ TO_FMPLOYMENT; PR VPROV DING- - ' FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; DELETING - --- — i -- --FOR-------- CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLIC I HMEWITH AND PROVIDING AN EFFECTIVE DATE." 2. a) Cou_n_c_ilMembeCff- - moved o approve the first reading of proposed Ordnance No. - - - - - r —.--- - --- - 7501-secQn__�ed bY - tnal Member `: -- - ---- - -- - - - -- ---- -! -----b}----0 clscuss►ans . ---- - --- - -- __ -_-- - - - - - - - --- -- --- �_- ------ - -- - Jim Ye No Abstained Absent KIRK GHANULCK — MARKHAM - - { -- - - - -- . _ --- - - - -- -- - - - SLIVER - -- -- - -- - - --- -- - - - — - WATFORD c) Vote on motion. MOTION: 14RRI D DENIED ' i� ` -__ | - -- 1T-- �� C�M�d�r� ` �� --- !' ' ^ ^ ' �� ~-�°------ Bill 1280 requiring oublic counsel for the Pu4lic Service Cornrnission,�o provide legal �g�n tion in proceedings concerning water and sewer rate chT2�s - City Adrninistrator Po') a4 — a7t, �V,4 (,W-& 4 Z-S -------�T --' - --� - -- --- - --'- -------' ' - --- ------ ------- ------'-'--'' )/ ( -'---'--7 --- -- -----'-- --- ---------- - -----------'---' ---' -------�----' -- --� • ---------- -- - -- - ----�—page-6- AtE /2- A4o"— jKlo OT - - - --- _ _ - - - - - - - - -Page-7- - - - E---—Discuss infa mat remgvedfrom�orsr -esadftgftflew-Paiim-a.va G 1 lo, It-suiiding--- a. Renovalions - City Administrator (Exhibit 6). -- +-1� - 4- s � -� � - - -- -- -- - --- - - -- -- -_ _--�%�.� --- --sue- c�-� --- ------ -- 7-6 ��__��----' - '---'----''-------' - --- � / - -- -------- - -------- -� ---- - ---- - - '----' - - ---'- --T� --- -- - / / / \ |` . '. � . ` - _'_'----_- -- -- - - ------ -- -- ------ ' ---- - '--1��- ----- - _-__ '_-_�---'--------- � ---4- - -- -- --� --� --- - --- �--- -- ---- - ! � ----------------------------- --------- -�----'--- -- ---� |� - --- / � . | • Pa_qe -i--- La i i ur urixtitomutsitt: ---,----CITY COUNCIL REGULAR MEETING -June 6.2000 HANDWRITTEN MINUTES CALL M ORDER.- _MW_ X6A2006- ewe. 0UMVU-til KeWAZMr MeML4%4a_ Ut,06U,i U06 ed by Fa WOW Ma*v�+VNemitk 14l— OPENING CEREMON rm. 111V Pledge of Allegiance led by Mcwor x" MAYOR, COUNCIL AND MAFEATTEN. 6TA --Mayor--Kirk Council Member Chandler Council MembeNvlcuklimil Council Member Oliver -Council Member Watford Attorney Cook Administrator Veach Present Absent 1 1 ' Clerk-womas /L.- - Deputy Clerk Garniotea V. MINUTES - City Jerk, A Council Member moved to dispense with the reading and approve the Summary of Council Action for the May-16,2000 Regular Meet% Gouneil Member (1§1SCUSSION: Yon— - N& - - KIRK 0CHANDLER M4RIM OLIVER0LIV VAlPOND MOTION: (!�ARR�1� —DENIED 1. AGENDA -Mayor. A - --]:;Fe - quests for the addition, deferral or withdrawal of items on today's agenda. r AeY _45 U OPEN PUBLIC HEARING FOR ORDINANCE AvornoN - Mayor— 4-'4)4-- A. 1. a) Council Member tNiD moved to read by title only, proposed Ordinance No. 752 amending the Land Development Regulations regardingApplicationstor R6fiiiarings - City -- ---Attorney (Exhibit ft-seconded by_Council Member - )--M. ___� - Vote an mogon to readt"tle-oW Yea AbStimed Absent— KIRK amity nAttorney to-read-pMoseud— CHANDLER — Ordinance No. 752 by title only as MARKHAM ER__ T0110WS: "AN UKUINANt;t Ut, I tit WATFORD --I-- CITYOFOKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 7116, MOTION: 60R"R�JE DENIED THE A -AND --D-EVFJ-OP__WNT ------ REGULATIONS (LDR'S); RARIn C!nON 220 A-PPLIC AMON FO ARINGj PIRMADINry-FOR FXPEnI REHEARING IN CERTAIN INSTANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR j..N EFFECTIVE DATE." 2. a) Council Member 'hW moved to adopt proposed Ordnance No. 752; seconded by Council Member -1 —"' iC) fh b) Public comments and discussion. fl Ii Yea No Abstained Absent KIRK CHANDLER Vbte on moti MARKHAM- OLIVER WATFORD Public Hearing n ' -0(0 MOTION: ARR�1E_ -DENIED jClose p.m. IT— PaqL-3- --- VIt ---- -NE:WE3USINM.- A 1. a) Council Member 150 moved to read by title only and set June 20, 2000 as a public hearing date for proposed Ordinance No. 749 amending the Police Officers' Pension Fund - seconded by Council Member UYI Attorney Scoff -Christensen (Exhibit ---Vnt;i on moti read by title -Aly and set public hearing date. Yes No Abstained Absent KIRK CHANDLER c) City Attorney to read proposed MARKHAM Or finance —No. 749 by title onlyas WATFORD WATFORDfollows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE .AMENDING AND RESTATING THE _MOTION: CRI C—�R�E�D DENIED CITY OF OKEECHOBEE Dwrio MENT SYSTEM FOR ........c POLICE OFFICERS AS ADOPTED BY ORDINANCE 657 AND AS SUBSEQUENTLY AMENDED, PROVIDING FOR DEFINIMONS, PROVIDING FOR MEMBERSHIP, PROVIDING FOR A BOARD OF TRUSTEES; PROVIDING FOR FINANCElkND FUND MANAGEMENT; PROVIIJINU 1-UK 6UI41I<IbU11UNb; rKUVIUIIY%j 1-U11,004tril AMUUMIb AND - ELIGIBILITY, PROVIDING FOR PRE -RETIREMENT DEATH BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PROVIDING OPTIONAL BENEFITS; PROVIDING FOR BENEFICIARIES; PROVIDING .--CLAKS- PROCEDURES; PROVIDING FOR REPORTS TO THE DIVISION OF RETIREMENT; OF RrmMRFFrb.-nFIET1Nr, RCIARD ATMRNEY Ahln----- PROFESSIONA� PROVIDING FOR A MAXIMUM PENSION LIMITATION; PROVIDING FOR IMON OF BENEFITS, PROVIDING MISeELLANEOUS PREMSIONS, PROVIDING FOR REPEAL OR TERMINATION OF THE SYSTEM; PROVIDING FOR EXEMPTION FROM !::At(:U I IUN A14U NUN-AbbIUNAWLI 11; rKUVIUINU rUK 1-tNOWN VALILM I i,17ROViuirit; FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR CONVICTION AND FORFEITURE, FALSE, MISLEADING OR FRAUDULENT STATEMENTS; OF CLAIMS;. -PROVIDING- FOR ---- TRANSFERS WITHIN THE CITY PROVIDING FOR DIREST TRANSFERS OF ELIGIBLE FOR PURCHASP 1nF CMIT FOR MI! ITARY ROLLOVER DISTRIBU11ONS; PR DING SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERPBLiTYOFPROVISIONS,REPEAL!NGP&LORBlNANCES'NCONFLI%C--'- AND PROVIDING AN EFFECTIVE DATE." IT— 2. a) Council Member k4n moved Motion toa rove the first reading9f ro d Ordinance p p po�e __p No. 749; seconded by Council Member--bb) b) Discussion. 'h0l" 7 7 I- pbo - ----- ha,�k 4o a o no n(Lw&-f�& - LWJ3 Yea No Abstained Absent KIRK CHANIJUX MARKHAM --OLIVE WATFORD c) Vote on motion. MOTION CAkk1E DENIED - -- - -- - -- . i - - - - - - - -- - - - -Page -4_ -8. T. a Counaffff Me-m6er- moved to read by titre only ain- set June 20,-M--as a public hearing date for proposed Ordinance No. 750 amending the Firefighers' Pension fund - Attorney Scott Christensen (Exhibit 3); seconded by Council Member _LM b) Vote on motion to read by title only Yea No Abstained Absent -- ----------} - -- — -- KIRK -- --- V CHANDLER tr cy---City -Attorney io read proposed MARKHAM Ordinance No. 750 by title only as OLIVER follows: AN ORDINANCE OF THE CITY OFOKEECHOBEE AMENDING THE RESTATED CITY MOTION: DENIED- -- - --- OF-OKEECHOBEE_ MUNICIPAL- — - - -- -- - --- - - - - - -- I FIREFIGHTERS' PENSION FUND, - - --ADOPTED BY ORDINANCE 656, AS SUBSEQUENTLY AMENDED, PROVIDING- - - Y DEFINITIONS; PROVIDING FOR MEMBERSHIP; PROVIDING FOR ABOARD OF TRUSTEES; PROVIDING FOR t►ta i-,Nu FUND MANAGEMENT; rmuVIDiNG -rUR 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 -- - --REPORT-,SRO - - DELETING BOARD ATTORNEY AND PROFESSIONAL PROVIDING FOR A MAXIMUMPENSION LIMITATION, PR(WIDING FOR DISTRIBUTION OF BENEFITS, PROVIDIW- �'- MISCELLANEOUS PROVISIONS; PROVIDING FOR REPEAL OR TERMINATION OF THE rUK t:Atmr, I IUN rKUM CAtI.0 I IUN ANU NVN-A.-#w04At5w 1 Y; - — (` 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 l� -- ---- - --- ;fi - - - --- -- PURCHASE -OF FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; DELETING SEPARATION FROM EMPLOYMENT FeR MILftRY SERVICE, PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL UKUIr1ArIVCJ 04 t UhrLAo I mr-KCYY1 I n ANIU I'KUViLJINIs AN trrt6 I IVt UA I t." 2. a Council Member moved ---- -- - ---- - - - ------ - ---- to approve the first reading of proposed Ordinance No. - -Z50; seconder bT(;omcU Memher -k) _ - - --- - - -_ - -- ---- - — - --- Biseussien--- _._ - - ----------- --- -- - -- - -- - --- -- - 7� C - Cr A"y i � � �- � NS_L-L-sue Dh c� ----- ------ -' `'-"-- r Yea No Abstained Absent KIRK CHANDLER MARKHAM v - - - --- SLIVER - — Je'--- -- - — --- - - -- - - - - - - -- ----- - — WATFORD --- cam---- - --- ---- --- - --- -�. ! c) Vote on motion. MOTION: ti- - - - ARRIE DENIED - - - - --- - - -- -- - - - - - - --- - - -- yG GunsidL-Idi d4uest fluffl [fie Okeechobee U##tyAUftrItyto adopiaresolutoff o%j—ecfn—qt0Senat6-- Bill 1280 requiring public counsel for the Public Service Commission to provide legal representation in proceedings concerning water and sewer rate changes - City Administrator kau ii CTW C� a. -Discuss-fte 1999-2000 Fis"a Ugr-Pabrnq ftfdVe-ffi-e-n-Wdfi-cTAuffi6dze statt to let tdr-y1d - City Administrator/Public Works Director (Exhibit IT ixk-t -wmm�U-L -az V4� A�� I 4- AC AD _UJt GLLQ KrW] A-k--�t iAA-0, PMO ()w-h 0 N- aA 0 "-QAk14-, u ba- Lakv - 4,kD1 4 4 rm 0 u 7 _JD4 -,jSh*p )4- (t, ku, -PAk -- - - -- ' U11 IL -40-83AL- ate - qk%tz Ck k Z04 E Discuss Lvi i i GVGi voJ h ui i i IuwtCoiib acto, i oucv 6i igtheTiewPuilt& Dtpcu 7 TwtBull n J Renovations - City Administrator (Exhibit 6). ---��!—P�_� M c — i 1 'I ------- - --- - -- — -- I. IV. CITY OF OKEECHOBEE JUNE 61 2000 REGULAR MEETING OFFICIAL AGENDA PAGE 1 of 3 CALL TO ORDER - Mayor: June 6, 2000, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation offered by Pastor Marvin Nemitz; Pledge of Allegiance led by Mayor. 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 MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 16, 2000 Regular Meeting. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. JUNE 6, 2000 - CITY COUNCIL AGENDA - PAGE 2 OF 3 VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. I. a) Motion to read by title only, proposed Ordinance No. 752 amending the Land Development Regulations regarding Applications for Rehearings - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 752 by title only. 2. a) Motion to adopt proposed Ordinance No. 752. b) Public comments and discussion. c) Vote on motion. VII. NEW BUSINESS. A. 1. a) Motion to read by title only and set June 20, 2000 as a public hearing date for proposed Ordinance No. 749 • amending the Police Officers' Pension Fund - Attorney Scott Christensen (Exhibit 2). b) Vote on motion to read by title only and set public hearing date. 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. JUNE 69 2000 - CITY COUNCIL AGENDA - PAGE 3 OF 3 VII. NEW BUSINESS CONTINUED. B. 1. a) Motion to read by title only and set June 20, 2000 as a public hearing date for proposed Ordinance No. 750 amending the Firefighers' Pension Fund - Attorney Scott Christensen (Exhibit 3). b) Vote on motion to read by title only and set public hearing date. • 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 a request from the Okeechobee Utility Authority to adopt a resolution objecting to Senate Bill 1280 requiring public counsel for the Public Service Commission to provide legal representation in proceedings concerning water and sewer rate changes - City Administrator (Exhibit 4). • D. Discuss the 1999-2000 Fiscal Year Paving Improvements and authorize staff to let for bid - City Administra- tor/Public Works Director (Exhibit 5). E. Discuss information received from local contractors regarding the new Police Department Building Renovations - City Administrator (Exhibit 6). VIII. 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. EXHIBIT 1 - 6/6 AGENDA ORDINANCE NO. 752 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO.716, THE LAND DEVELOPMENT RgGULATIONS (LDR'S); PARTICULARLY SECTION 220 APPLICATION FO EARING; PROVIDING FOR EXPEDITED REHEARING IN CERTAIN INSTANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the LDR's presently provide for a right of rehearing of a denial of petition for a comprehensive plan or land development regulations amendment zoning district boundary change; appeal of an administrative decision; special exception use or variance, but prevents a petition for the same request to be resubmitted for a period of at least six months after denial; and WHEREAS, the applicants are expected to submit properly prepared petitions with any corroborating documents or evidence submitted therewith, and to be prepared to fully argue the merits of the petition with the appropriate board; and WHEREAS, the intent of the LDR's is to permit appropriate growth and landowner relief where applicable, so long as the decision of the board or agency possesses knowledge of all facts and circumstances relative to the petition being considered; and WHEREAS, the City of Okeechobee deems it in the best interests of the citizens and landowners to provide limited rights of rehearing of denials of petitions by its Planning Board or Board of Adjustment where it appears such board may have acted without full knowledge of all facts and circumstances pertaining to the petition. NOW THEREFORE be it ordained by the City of Okeechobee, Florida, as follows: 220 APPLICATION FOR REHEARING When, after a public hearing a petition for a Comprehensive Plan or Land Development Regulations amendment, Zoning District Boundary change, Appeal fo an Administrative Decision, Special Exception Use, or Variance, has been denied, a petition for the same request cannot be resubmitted for a period of at least 6-months 60 days after denial. 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 set for public hearing on the 16" day of May , 2000. ATTEST: JAMES E. KIRK, MAYOR BONNIE THOMAS, CMC, CITY CLERK Page 1 of 2 ADOPTED after second reading and public hearing on the 61' day of June , 2000. JAMES E. KIRK, MAYOR ATTEST: BONNIE THOMAS, CIVIC, CITY CLERK CITY OF OKEECHOBEE LAND PLANNING AGENCY SUMMARY OF AGENCY ACTION PAGE I OF 2 17 I. CALL TO ORDER: Chairpergon. Land Planning Agency, May 23, 2000, 7:00 p.m. Chairman Walker called the May 23, 2000 Land Planning Agency Meeting to order at 7:00 p.m. 11. CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary. • Chairman Jerry Walker Board Member Dawn Hoover Board Member Thomas Keller Board (Member William Ledferd Board Member Christopher Mavroides Board Member Douglas McCoy Board Member Frank Mueller Alternate Board Member Daniel Creech Alternate Board Member Sandra Jones Attorney John R. Cook Secretary Beatrice Castorina III. MINUTES - Secretary. • A. Motion to dispense with the reading and approve the Summary of Agency Action for the April 25, 2000 meeting. Secretary Castorina called the roll: Present Present Present Present Absent (Without consent) Present Present Absent (Without consent) Present (Serving as a voting member) Present Present Member Mueller moved to dispense with the reading and approve the Summary of Agency Action for the April 25, 2000 meeting; seconded by Member Ledferd. Walker- Yes Hoover- Yes Ledferd- Yes McCoy -Yes Keller- Yes Mueller- Yes Jones -Yes MOTION CARRIED. May 23, 2000 - LAND PLANNING AGENCY - PAGE 2 OF 2 .... ... ... . ACTION �`�IS+� S�O�Y .; T�:. . IV. NEW BUSINESS. A. Consider a proposed amendment to City Land Member Mueller moved to remove this item from the table; seconded by Member Ledferd. Development Regulations, Ordinance 716, Section 220 Application for Rehearing - Attorney Cook (Exhibit 1). Walker- Yes Hoover- Yes Ledford- Yes McCoy- Yes -` Keller- Yes • Mueller- Yes Jones -Yes MOTION CARRIED. V. ADJOURNMENT PLFAW TAKE NCMC.a AND Bid AMSMD that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will nerd 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. Jerry E. Walker, Chairman ATTEST: Presented in Exhibit One was a revised amendment to the LDR's, Section 220, Application for Reheating to eliminate the waiver and amend the six (6) months waiting period to sixty (60) days. Member Mueller moved to recommend approval of the proposed amendment to the City Council as presented in Exhibit One; seconded by Member Mueller. Walker- Yes Hoover- Yes Ledferd- Yes McCoy- Yes Keller- Yes Mueller- Yes Jones -Yes MOTION CARRIED. There being no further items on the agenda, the meeting was adjourned at 7:10 p.m. Beatrice Castorina, Secretary The Okeechobee News P.O. Box 639, Okeec e, Florida 34973 (863) 76 -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 No�rce, nP PA11c geon-tea in the matter o J obrdirnance NO 752- in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said Newspaper in the issues of lY)ay 26 . ZOO 0 Afliant 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 o corporation any discount, rebate, commission or refund for the ,u se of securing advertisement for publication in the said newspaper. Swo and subscribed before me this .26471 day of M a y A.D. 20 �It/ V,�.��••••••,,,� Karmen R. Brown 'sCorninieaion # CC 902300 Notary blic, State of Florida at Large AN►antic Bonding Expires Jan. 17, 2004 W1, Bonded g Co., CInc. '7ROTIBE OF PUBLIC HEARING .. fire `AGM of it aaasoon sim .m.,asP�•1 the rIallGebIt!o� 5 .art 1%+Olmechoti� , me aw w�i�sSide�r 1 �q M N" fdce: NO T5Z AN ORW . NANCE DF7HEC[T7 oF.acEEaN1aEE.? FLORIDA;IIMEM01 opWNANCENO.. 115, I w D ENT REOU• a es '"pARtICUL�'r , SECTION ` 20 HEARING; PROVIDI FOR Drr' ,10 REHEARING IN CERTAW INSTANC ?Es PROV IowaI FOR AN EFFECTIVE DATE A1.members of the Dubk are mgrrested to WOW and pabc as b said hear" Said proposed. al'2 mar be b- speeted by members ft pubk In the i Office of the City CIA bead bu i Cay Hap Guh@db jNk b �j AD- 9crc ift sidemd at dds heurbq, sueh� anted ttar such fHaPoso MaY reed b ensrae a ve!batlm,recordd the • LAW OFFICES • CMUMANSEN & DEHNER, P.A. 63 SARASOTA CENTER BLVD. Su1TE 107 SCOTT R. CHRISTIANSEN SARASOTA, FLORIDA 34240 H. LEE DEHNER May 12, 2000 Mr. Bill Veach, City Administrator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 EXHIBIT 2 - 6 / 6 AGENDA PHONE: (941) 377-2200 FAX: (941) 377-494s Re: City of Okeechobee Municipal PoLce Offi=s' Pension Trust Fund City of Okeechobee Municipal Firefighters' Pension Trust Fund Dear Mr. Veach: We represent the Boards of Trustees of both your police officers' and firefighters' pension plans. You previously received proposed ordinances prepared by us which had been placed on an agenda for first reading on May 2nd. At our request, these ordinances were pulled from that agenda pending further revision. Based on additional favorable funding information with regard to the firefighters' pension plan, certain benefit improvements have been now included and recommended for adoption for both the police officers' and the firefighters' pension plans. The enclosed revised proposed ordinances contain the following changes with respect to both plans: The proposed ordinances amend and restate the plans to include the most recent legislative changes found in Chapter 99-01, Laws of Florida. All non -cost required changes necessary to comply with the new legislation have been included in the proposed ordinances. 2. The proposed, ordinances not only include the most recent legislative changes found in Chapter 99-01, jaws of Florida, but also provide the following benefit improvements. a. The normal retirement date has been reduced from age 60 to age 55 and the completion of 10 years of credited service. This change brings the plan into compliance with the minimum requirement provided for in Chapters 175 and 185, Florida Statutes. ► • Mr. Bill Veach, City Aministrator May 12, 2000 Page 2 b. The in -line of duty disability benefit has been amended to provide a benefit equal to the accrued benefit on the date of disability but not less than 42 % of average final compensation. This benefit meets the minimum requirement provided for in Chapters 175 and 185, F1ui& Statutes. C. The not -in line of duty disability benefit has been amended to provide for a benefit equal to 2 % of average final compensation multiplied by total years of credited service or the early retirement benefit, but not less than 25 % of average final compensation in any event. This amended benefit also meets the minimum requirement of Chapters 175 and 185, Flbrida Statutes. d. The pre -retirement death benefit is amended to provide for payment of at least the minimum benefit in Chapters 175 and 185, Florida Sta tes. e. A one-half of one percent biannual cost of living adjustment has been added to each plan which will be effective for all current and future retirees. I am enclosing with this letter copies of the studies conducted by each Board's actuarial firm, Gabriel, Roeder, Smith & Company, indicating that the adoption of all of the proposed benefit improvements provided for in the proposed ordinances will still not require the City to make a contribution to either plan. I understand that these ordinances will be placed on an agenda for first reading on June 6th. My partner, Lee Delmer, will be present to explain the changes provided for in these ordinances and to answer any questions which the City Council may have. If you have any questions prior to that date, please feel free to give me a call. Yours r truly, Scott R. Christiansen SRC/bm enclosures cc: Theora Braccialarghe, with enclosures Jim Paul, with enclosures J. P. Zeigler, with enclosure Bill Douglas, with enclosures • • GABRIM, ROEDER, SMITH & COMPANY Consultants & Actuaries May 8, 2000 301 East Las Olas Blvd. • Suite 200 • Ft. Lauderdale, FL 3=1 9954-527-1616 • FAX 954-525-0083 Chief Farrenkoph City of Okeechobee Police Department 55 S.E. 3rd Avenue Okeechobee, FL 34974-2932 Re: Benefit Study for Police Pension Plan Dear Chief Farrenkoph: We have completed the study you requested. The results are as follows: Reaulred Contribution City & State Chit Current Plan Provisions per 10/1/99 valuation $62,439 $0 as % of payroll 9.64% 0.00% New Pre -retirement Death Benefit 65,526 0 as % of payroll 10.11 % 0.00% Proposed Ordinance Provisions 83,941 0 as % of payroll 12.96% 0.00% The proposed ordinance includes the following cost items: • Normal Retirement at Age 55 with 10 years of service • Service Connected Disability is the greater of the accrued benefit or 42% of Average Final Compensation (AFC). • Non Service Connected Disability is the greater of 2% times AFC times years of credited service or 25% of AFC. • Cost of Living Increase of .5% on October 1 of every odd -numbered year to current and future pensioners who have been in,pay status at least one year on that date. • Pre -retirement death benefit dt the accrued benefit payable at what would have been early or normal retirement age, less any amounts otherwise payable prior to that date. The premium tax refund from the state was assumed to be $88,563 for purposes of determining the remaining amount due from the City. If we can be of further assistance, please contact us. Sincerely, Theora P. Braccialarghe, FSA Senior Consultant & Actuary TPB:aI Cc: Scott Christiansen, Esq. ORDINANCE NO. 749 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 ITI ATTEST: CITY CLERK MAYOR Passed on second and final reading this day of MAYOR ATTEST: CITY CLERK 111 TABLE OF CONTENTS SECTION PAGE NUMBER DEFINITIONS 1 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 43 PENSION VALIDITY 43 FORFEITURE OF PENSION 43 CONVICTION AND FORFEITURE; FALSE, MISLEADING OR FRAUDULENT STATEMENTS 45 INDEMNIFICATION 45 TRANSFERS WITHIN THE CITY 46 MILITARY SERVICE PRIOR TO EMPLOYMENT 46 DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS 47 u CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' 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 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 mid -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. (w Elaji l*jjV �iV Lil V111V11� i11VV1a1V JVVY/ltj AkVj „f '1 �rL. 93• 406)-as amended Ly d1V IZY/.al V111V11� l I-Ajy AL ,t V 1984 • - 4 "...Y aV6 Ylµ4V1aJ 1JJY VY dlYrly underby-&, D.,k, .L..l,,A V1 UVVl Ql/j d.V L. �V 111G4 1\V Y V114V ►f Vl YlVV, hJ �lCli. Ouaa,, C41d Y.VJV JL«ll LV 1Y.11V1.1rd-. Actuarial RQuivalent 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 eiightp r .n (8 %) interest and the 1983 Group Annuity Mortality Table for Males. Average Final Comnensation 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. .Mitt means City of Okeechobee, Florida. Cm& 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 Dj3ly upon his written request. If a Member who is not vested Accumulated Contributions shall be returned, Upon return of his Accumulated Contributions, all of his rights and benefits under the System are forfeited and terminated. I12on any. reemployment- a Police Officer shall not receive credit for the years and fractional Farts of • r • . 1 1 1 ' 1 1 • • • • • , TOS W 1 • 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 N Credited Service, for all purposes, including vesting, ru„ua.il [V ,,%JAJA:%.09:, LIML cuy A%I%J%AA'L% J WA r.,....:LLJ %A..1%I. 0" a,a1 LJ%IAa1 law, av "ISA ....l..J f,v,,. t:...,, t% t:....., provided that: 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 ,.. A,J,'L vxAs. C r1 - uP33 11OI STORNNI • n • , i • i • , r r • . Effective Date means tiittlat„ ,.. ,, LLJ. d u'�, April 20. Eund means the trust fund established herein as part of the System. Membe 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 full-time person, employed by the City, including his initial probationary employment period, who is certified as a Police Officer as a condition of employment in accordance with the provisions of §943.1395, 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 • • Retirement means a Member's separation from City employment with eligibility for immediate receipt of benefits under the System. 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 benefits become payable. System means the City of Okeechobee Municipal Police Officers' Pension Trust Fund as contained herein and all amendments thereto. \I • W I , The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine and masculine genders. 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. Each Police Officer shall complete a form prescribed by the Board providing for the designation of a Beneficiary or Beneficiaries. 4 0 • "W"M-GINN UArl allay RUILI t IIIV 1V {111aV % 1h& A6V 1a:J .1w:6aaQt,.d DvJ—fa,.:Qiy Ly 'YYi:tt,,ai il,lYVV tV �aV 1JViY �a YlJVa♦ •Viai1J �/1V Y1 V DVQi�• U�JVaa JY V1a VlaµilbV, d., Bali iV an. 1p lU Ji6114W� D'vaa �11, latl\rJ 1 VV1r1 V V Qaay 1. Vaab AL Yaa�vi �aV Jy Jwaaa Jla� ,.Vi,J,✓. 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-Tmstees is hereby designated as the plan administrator. The Board of Tiu;i.,.es shall consist of five (5) Trustees, two f2) of whom, unless otherwise prohibited by law, shall be legal residents of the a►ivaa:.:yQl:iy City, who shall be appointed by the Okeechobee City Council, and two jZ 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 f.. Q t,,,V (2) y%."A tValai by a majority of the previous four f4i 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 k4) Trustees appointed or elected as herein provided and shall serve a two (2) year term unless th..,Tf:,,., O.JVaa,.a Ya,.atV1 aaaJ aaaaxy a,,,.,�,.1 la:alaJVlf;,, he sooner vacates the office. Each resident Trustee shall serve as Trustee for a period of two (2) years, unless h , sooner vacates the officer or is sooner replaced by the Okeechobee City Council at whose pleasure the Ti..,,L,, b, shall sere,,, Ql,d zhay „izceed la:alla,Af aJ a iluou.%;. Each 1`V:,.,, Offrcer 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 Trustee may succeed himself in office. The Board shall establish and a minister the nominating and election procedures after each election. The Board „f TiY.lWVD shall meet at least quarterly each year. The Board of Tawl, w shall be a legal entity with, in addition to 9 • • 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 .ity's legal counsel, a -tna or other nrofessionaL technical or other advisors, it shall do so only under terms and conditions acceptable to the BoaEd. 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 detdrmine 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. C. • \.J E. To distribute to Members, at regular intervals, information concerning the System. F. To receive and process all applications for ...,,...L...l,;r ....d 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 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. HoweveY, 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 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 orl 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 P of this Fund except for the payment of regular expenses and benefits under this System, except as otherwise provided herein. All contdbu- 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 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: 0 (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 lust once every three (3) years, and more often as de ermin d by the Board. the Board shall retain a professionally qualified inde cnd n consultant, as defined in Section 185,06, Florida Statuteg., to evaluate h performance of all current investment managers and make recommendations regarding the reten inn of all such investment managers. These recommendations shall be considered by the Board at its next regularly scheduled meeting, E IZ. 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 • • 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. E E The Board may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it 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 -G� The Board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, 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: IL The Board shall not be required to make any y inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. L 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 • • 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. 3: 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. 3: K. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits provided for herein. K: I.. 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. 11L Any of the foregoing powers and functions reposed in the Board may be perforriied 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. 12 A. AmOun . 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 1.,«.)L ,,,u„Ny 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 internal Tom„ 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 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. 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 V Y Vl a fu L ty �40) J vaa f,�.;��(, ,.�,uu►►�,i,�u,g .;j. ► .,; fi$Ca} y.,... y. „ . � Dd.., yr 9�- ,,,run as provided in Part VH of Chapter 11 13 SIONFOIFIM 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 the next following the earlier of the attainment of age sixty-(60) fifty-five (551 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 Mrcent (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 coincident with or next following his Retirement and be continued thereafter during Member's lifetime, ceasing upon death, but with one hundre4 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. 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 • • Retirement from employment with the City on or after the early retirement date and prior to the normal retirement date. 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 1.u1 1.., „1; I"%.Id ....,yl„y......ta w arr.,..,� determined based anon his actual y arc 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 1,....,,,t;..,..1.,...',l.,y....,..t as-a�.,L'.., a1'1:. �� determined based upon his actual years of Credited Service. 15 • • 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. 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 $3,500 five thousand dollar-, ($5,0001, it shall be paid in a lump sum. If the value exceeds $3,500 five thousand dollars «; nnrn, 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 accrued normal or l • 1i { •e-refit payable at tle 1 • ►/ 11 r " • • 1 �11 . 0 r la : 1 1 { 1 • 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.,.......,.1:.. tl,.. oa,,... ,.,a,ua.,a as f,,..�ly ..,.,.....t. �„ �.4 .f.,.11.:.. .,.,1:.,,. ,,,L�...,1:�., 4D equal_ 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 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 Police f)f i Membe 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. 17 • B. Addition 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. (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. m • • (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. 19 r 1 U (e) "OceuPaiional 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. (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; 20 • 0 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 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 determines in writing that the immunization or other prophylaxis 21 would pose a significant risk to the Member's health. -Absent such written declaration, failure or refusal by an emergency rescue or public safety Member to undergo such immunization or prophylaxis disqualifies the Member from the benefits of the presumption. (4) Record of Exposures. The City shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety Member in its employ to the disease described in this Section and shall immediately notify the Member of such exposure. An emergency rescue or public safety Member shall file an incident or accident report with the City of each instance of known or suspected occupational exposure to hepatitis infection, meningococcal meningitis, or tuberculosis. (5) Required medical tests* 12reemplayment physical. 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. 22 �•WNW, 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 useful and efficient service as a Police Officer, which disability is not directly caused by the performance of his duties as a Police Officer shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension cQual to the greater of j) or Ui) where lj is two lxrrent (2 %) of Average determined in the same manner as for early retirement as set forth in Section 6, subsection 4B,: but In any event, the minimum amount paid to the Member shall be twenty-five percent (25 %) of his Average Final Compensation. 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. Each Member who is claiming disability benefits shall establish, to the satisfaction of the Board, that such disability was = occasioned primarily by: A. Excessive or habitual use of any drugs, intoxicants, or alcohol narcotics. B. Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections- C. I!l'uly va a1;,vaJv QI while committing a crime. _C� Injury`pr disease sustained while serving in any branch of the Armed Forces. E: IZ Injury or disease sustained by the Member after his employment as a Police Officer with the City Okeechobee shall have terminated. 1". V%llf 1, t �,1 J t b sl-b S tl 1 Y h'Q!l Vl! V! 11lWllUV11 1111JVVll Y�. Vl IVJJ !lV vaa'vv V lv 23 fr. & Injury or disease sustained by the Member while working for anyone other than the City and arising out of such employment. II. 21 \.VYY1fYVYl �JiV VAiJtV ab' L1YV i VliVV Vr�iVVl'O LY,VLLALV1J1LF lal CAV VpVth.041A. No-M,,...L.//,1 JL"dl Le entided-t" a d:J�.L:Lty Y,,..J:......1,V�a1V1 duty VL 11Vt 1.1 1:.1V Vr��.ty, LVV[L{a VT VL Q6b'LLI7"%J&1 vS a J�JVVi11V illJuly, Lll�/[L11111Viat Vl V�7VL 11lV�LVuI VVL,dataVll �JI V"VJ\iJw. ut the 1 talllV Vr 111Vv 11 y� %14JI.I�J ill UlV ►fy'Jr,ya/a, �,/,%J V Z diLlt JLat1{ FLU, UII►aJWIe; VV11d:1:V11 culU :tJ 1G✓11LI;U1LJ11:p iV A 1LttV1 :..July, ,all�ai.1111{rllor odier rrrcdiVul .,Va.1:�„a. LV V-,td:AA 1.J Ly VV.L.1J%,L1.t JL1LJt[L/1t:IAl -vV;denCe. 11.,al.a.a 011ull LV VVL,JtLulid tV .J1Vt1lid. (f d:JLLL!Lty 1JV1.J;V11 IV iF M%,,l/LV/ W11V,// prtV. 11aV111LVIALAF lal jdsa Vf�JtVL., JurrVaJ "'A ialJuly, LY.1.vLaal aalVl{t VA. �, 0-%.l I{1V d1ViLL VVilY1�ViL til�r1AValt AVlll JV.11V ALV1 LlJ ul�, L 11�J0.11111{rllt, VL lbl 111-X%,"I \. V.{dat1V.1 VA1Jtlll� at Vl y11Va IV JCllll .►.yla.L Vl �11:r 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 24 pension. In the event the Retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Member claiming or the Retiree receiving disability benefits shall be borne by the Fund. All other reasonable costs as determined by the Board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund. If the Retiree recovers from disability and reenters the service of the City as a 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 Payments. The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall be payable on the first day of the first month after the Board deter- mines such entitlement. Hcl�vever, 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 25 • i 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. 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. Tll:4 OUL->....t;,Jlx i al,Z ..11y L. ak rl:.,aV.., tv tll,, .,..t.,►,� :L du%,, iiot viointe U111I.- ,f C.11a�w. lll.,, Flji, 1Q r ,1 t.,1, as al11.i11JVj 111J11! �11\I ti/ t{lllV• Notwithstanding the foregoing, in no event shall the disability pension benefit be reduced below the gr ater of forty-two percent (42%) of Average Final Compensation or two percent (%) of Average Final Cotimes years of Credited Service, SECTIQN 9. VESTING. If a Member terminates his employment YYlu1 tl.,, ILL',,,., D.,yalullbllt 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. 26 U 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 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. 1. In lieu of thd,amount and form of retirement income payable in the event of normal or early retirement as specified herein, a PoticcE)fficer MembeZ, upon written request to the Board may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options: A. A retirement income of a modified monthly amount, payable to the Member Rem during the lifetime of the Mendber Retiree and following the death of the 11,,, 1,. Retiree, one hundred pereent 4100 %), seventh FA7 five percent 475 %), sixty-six -six and two-thirds 466 2/3 %) or fifty _ rcent 450%1 of such monthly amount payable to a joint pensioner for his lifetime. Except where the Retiree's joint pensioner is his Spouse the present value of payments to the Retiree shall not be less than fifty percent (50%) of the total present value of payments to the Retiree and his joint pensioner. B. A retirement income of a modified monthly amount payable to the Police Officer 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 Police-6fficer cgs, 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 change his Beneficiary at any time If a I'Ll.,,,, 9fficer Membei has elected an option with a joint pensioner or-$.,...,L.,:4.y and i = Member's retirement income benefits have commenced, the Member may thereafter change his designated ,,,. 1 r.,..J:,,..,,..,, B,,,,„L�41y, Lut v.1y A. ICU y V.�-Jeceas—, tl.,, 1.i,,..lL.,. ,,.:r di%, &,:r 4.4 1 Fl,,!l.,L,,:,l1 y 4!!1 tll; 1.,... L.,1 VVLIV 11141111"J !., .,r1.i,,l..L.,1 0 1Vl:1V..lVl.t u!!,] k.,, 1:.%j.,,,,1 W 0 • prOyi1av♦Y.11,il, .l. l►V yYyllt Allay a 1I111.11Ly1 y1►c►llgV 1LLa V. 11... fi.+Jl�,!!clty'� Dyalyllylai� 111V.y H= Beneficiary at t any timebut may only change- his joint pensioner twice. Subject to -the restriction in the previous sentence, a Member may substitute a new joint pensioner for a 3. The consent of a Police-6fFrcei-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 D%,.,yfi,,:ul y u, Retiree's joint pensioner in accordance with this Section, tl.,, D.,.J-shall adju�l Q.y P.iy...Ly.'.) .,L%j&L dy Ly,s%.f t-by "Fvl:."LWA. „f a..tua.:al t., uloul.; the amount of the retiremen income payable o the Retiree shall be actuarially redetermined to take into account the age of the former joint pensioner. the new joint pensioner 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 chap P. Any such �iy.11L y.Re shall pay the actuarial recalculation expenses a.►d ah"l1 a.lal,y .yray,.,yld .if ally ,rwa�V vSywv:vuJly-'ya:.l1J%. J:v.. LVll,.ffLj c,a a..,ault „f;a:1 .yyal,,►llatav►,s. 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 Poo,,, Off.,,. Retiree, such benefits as are payable in the event of the death of the Reese 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 Officer 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 Police-Offtccrss Member Retirement under the System, the RR, option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the Police- Offioer Member upon his Retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this Section or a new Beneficiary is designated by the Police Officer Membe= prior to his Retirement and w:ll.:.. ,A".%A.T (90) J«y.3 after-th., J.,"d& UT JJLV C. If both the re6red Police 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 Police-8fficer 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 NL,., Officer Member in the hmount or amounts computed as if the Police-9fficer Membe 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 30 value of the remaining monthly income payments to be paid do not exceed Three Ru thousand Fi,.> II,...1..,1 !dollars f$3'�.00? ($5-000.QW. 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 Police-GffiMember 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 chanted_ by such IV..,,. Officer Member or Retiree by signing and filing with the Board a new designation-of-heneficiary form. U12on such change, the rights of all 2. If a deceased Pofice Office, fail 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 Offi Member or Retiree predeceases the Pal:.,,, OFF.,,,,. Member or Retiree, the death benefit, if any, which may be payable under the System with respect to such deceased Police E) iccr Member or Retiree, shall be paid to the estate of the I4,1:.., OfF,,,.,. Member or 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 31 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. Each year and no later than March 15th, the 4f the Board shall file an Annual Report with the Division of Retirement containing the L11. YY:.:r. documents and information 1. Wi1VAlV1 111 `a%A IV, City 1J 11l VV111�7IIp1lVV YY1a. daV )JaV YaJaVaaJ V�la(a�Wi 1�V11.1 L• �'a<•tL tlf mil. ei 11 ' /1. / I/. /. e L. A W1taf YV.l V1G{Val/Vka� Vl CC%. U .�a� �Vl �lV I.IVJt 1VVVaA Y%, \/f� ty �/VI.JV. fa. "L&Jlt Ly a VVl t1L,,J yl�bhc—aVVV4.atlull 1f av►tuu,.J Lj t]iV D%op"AL11,I1f, Vf , „T R,, Lai,.l..w l,) JL.v YY ulr, a J"L.I,,J hat:..r, of c.aj,,6 u..J to L1 Q -r full ' 1 J: L t J _ tl Yj' 4V l,rlll "A& 1 V alavvaaly Loa J--- - 4a JVallV.l J 411.1� lV VLLl. �4V1a L.V V.11V 4.1J 4:JLul JV13lV11tJ J1.Lall LV aV,.ValV1„d-widt dic-a;,,,ta L.t i1.V L,.a:..A"Air, L:..J ,...J „f a&%, y,.L... 3. A ;.1:j.:::r.,1V., Off:,,,., ,,.: ll.V L City, U3V llulllL V1 LIVI4JVJ la. UaV Jy Jtva►., aaV .a4aaiL V1 Vi 1 "VV off VV1J u►Vu�aLIV, Vm cTaVV Vl4111g-1V 1VLlJV11J �1V11 LV41r LIVLlr1LIV, Q11J dLV al4allLVY a4l V� RLWVVJ L41V11 D VaI Vf:V1L111VJ 1V VV1Yailb rV1aJlVaa jr4�a..VaatJ L4.J a LlaalV 44 L.J. VI L4 a1.4L11 /Vt1l Vlll,.lit L1Vll1l1V VL YVaa.aavaa yuyaaavlatJ L,.u.E, •vv%IA* owd by flient. I. A J"11.ValL Vf flaV LYa.V4aat a.V clt,' 114J V'Vll�1L 4YVl.l •V d/V 1 411,.1—iV1 JaV JJa V'VVJY.g 1L41 �VLLL, L411 ulV L4laV 4aat U:v C:ty �.:ll VV.1, ILA tv li:V r16&..J f„a Q:V V1::: V::i i,1L::: ?:.L:Y. . L'Vaav�l� av uaJsaJ yVYVVJ✓L i4 .4Y�aL� V—Syc".J?, j3`1 -&6T VAL Ji lM AV Vf V L.J41VJ L.,..-LL tV t1.V L,,..VfitJ r1VY:Jad L.1 tl.:� 32 Va�aaauaaw. TlaaJ av�,vat J1.411 calJv r.ua�ialaa aaaiValaa(atar,raY �a1Jl7LiGl1Rr aalJuia,a, li<aJaJ Vl ra�vaaaauaaa ip1,�r moTUlV, iaatyaV�it aCALL, 4aaa1 --- laVJ aa2%0J -4 YlalNaaa& aViuyaaaVaal LVaavlatJ. V. TilV �iV {.Naa1a� i�NL►4V11 V� �iV V�J�/ala (aJ t/1V YaYV� rVa all VVr�VIA 3. 0"\ri• .i►�ucaiaval .thal}Ly t,&%,y"LV1 Ly Caaa yasa„llyd-actuaay whV ,-4 wi--% J 0::Lai. C aTiae-a 1V .a.,i♦. ,I yV ,V P�VL VtYa- I LaLVa►lV .1VVNaaty Aa Vr 1974 L4AIJ YY l.V 1J (4 ►►aV►1aV Va V♦ daV �V Vay�y Vr AwLL&"&A*W4 Va daV .laaayaaVGa.a a�V4lVaaa� Vr a�yt►a�sa:V�. 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. nn t t aV LVCLL �i aaaGy Vaaa�Vy aaaVViJ Vla\��g� VVNaaJ Vl 0.t LIlV l.f''Jwai► J yA�, Va►Jv r4a day �,NaF,VJVJ VVa1�a4aaYV� iaya Vasa, tV SV,�YVa YYa�a JNVla V�aVa t,,a VryJJYVaYJ, tyVlaa►aV�, Va VYlya Rtl ►aJVaJ 2IJ �ay 13V4a11yyaalJ aayVVJJGN�. 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; 33 • C� J (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. 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 kU plan. K 3 0 0 0 RT. ff M .0,TT in n 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 34 E E 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. �.[WeTrMe 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. -� •• ,�• �• ', 1 ill • 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. • u n• • 17TI WON=IlTrUITIV ' 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. 35 • • 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 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. 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. 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 particil)ated 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 36 • • with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from «..,,d..,. a different ep lloyer'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 seventy and one-half (70-1/2), 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: 37 u 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 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. 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. 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 HE • • applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. a=19�1�� Forfeitures arising from terminations of service of Members shall serve only to reduce future City contributions. 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 consolidation of government 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 ,,�.a,a.,.L,,..� tw djkv �y 4tcm cuv 1:�,,�..`uiYV1, 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. 39 • • 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 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 .N 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 Police E)fficer Membe 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 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 41 • C� 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 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. 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 Police 6ffiurs 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 4$1,500), shall not exceed the greater of either a) twenty thousand dollars ($20,000), or b), an amount computed by multiplying the smaller of ten thousand dollars ($10,000) or twenty percent (20%) of such liw Off:.,,,.', 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 P . VaauV 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. 42 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 Tjit Board is empowered to purge the pension rolls or correct the pension rolfs 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. 1. Any IU ,., Off"..,.,. Membe 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 inter, 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; 43 • 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, but without interest. The Board may implement all legal action necessary to recover such funds. 44 •: •.•1 . 1• i• • 1.1 •1111 11 • 11 1• •anIT41117we 1 •• 1.1 • ,1 •• Me• - sm 1, •"1, ••1 •1 •1 • • ••1 • " •1. 9Fa 1 • 1 \/lpl 11 • - • i ' t 1 e r • 1 " 11 11 , 1 1 " • • • 1 • 1 ' ae • 1 ' �.� ." •: 1 • • 1 • 1 it • • �• • • 1 • - • v 1 11 " 1 • •- ." •11 1• • • 1 of 1 1" result of 1 • r: • • . 1" 1- • • 1 •1 . 1 1 • 1 0 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 Ackmd 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 45 any suit in whole or part, or waive any other substantive or procedural rights the City may have. 3. This Section shall not apply nor shall the City be responsible in any manner to defend or pay for claims arising out of acts or omissions of members of the Board which constitute felonies or gross malfeasance or gross misfeasance in office. SECTION 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 (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 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 Pof= E)fficcrMembe 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 46 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 Mernbe on or before twelve--(12) .......Q.4 Dat„ „f du4 ,,. six (6) months from the date of his employment with the City Police Department, later. 3. Payment by the Police 9ffrcer 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 LU 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 47 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 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. 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. b m\ok\pol\05-11-00. ord 0 THIS EXHIBIT • WAS DISTRIBUTED TO YOU AT THE MAY 16T" MEETING. SHOULD YOU NEED ANOTHER EXHIBIT 2 - 6/6 AGENDA COPY PLEASE CONTACT OUR OFFICE. �pf pRttC� =v - Inter Office 1p��p�',, "' MEMORANDUM Office of the City Clerk/Personnel Adminietrator To: Mayor, Council Members and City Attorney From: Bonnie S. Thomas, City Clerk Ai Subject: Proposed Ordinances for June 6, 2000 Agenda Date: May 16, 2000 The attached are proposed ordinances regarding amendments to the Police Officers' and Firefighters Pension Trust Funds. These will be on the June 6, 2000 Agenda for first reading. Since they are large documents, I wanted to give everyone ample time to review them. Please save these copies, as they will be your exhibit copies for that agenda. Should you have any questions please do not hesitate to contact me. Thank You! cc: B. Veach, City Administrator /Ig • Law OFFICES • EXHIBIT 3 - CMUSTIANSEN & Dm4m, P.A. 6/ 6 AGENDA 63 SARASOTA CENTER BLVD. SUITE 107 ScoTr R. CHRISTIANSEN SARASOTA, FLORIDA 34240 PHONE: (941) 377-2200 H. LEE DEHNER FAX: (941) 377-4848 May 12, 2000 Mr. Bill Veach, City Administrator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 Re: City of Okeechobee Municipal Police Officers' Pension Trust Fund City of Okeechobee Municipal Firefighters' Pension Trust Fund Dear Mr. Veach: We represent the Boards of Trustees of both your police officers' and firefighters' pension plans. You previously received proposed ordinances prepared by us which had been placed on an agenda for first reading on May 2nd. At our request, these ordinances were pulled from that agenda pending further revision. Based on additional favorable funding information with regard to the firefighters' pension plan, certain benefit improvements have been now included and recommended for adoption for both the police officers' and the firefighters' pension plans. The enclosed revised proposed ordinances contain the following changes with respect to both plans: 1. The proposed ordinances amend and restate the plans to include the most recent legislative changes found in Chapter 99-01, Laws of Florida. All non -cost required changes necessary to comply with the new legislation have been included in the proposed ordinances. 2. The proposed ordinances not only include the most recent legislative changes found in Chapter 99-01, Laws of Florida, but also provide the following benefit improvements. a. The normal retirement date has been reduced from age 60 to age 55 and the completion of 10 years of credited service. This change brings the plan into compliance with the minimum requirement provided for in Chapters 175 and 185, Florida Statutes. Mr. Bill Veach, City Administrator • May 12, 2000 Page 2 b. The in -line of duty disability benefit has been amended to provide a benefit equal to the accrued benefit on the date of disability but not less than 42% of average final compensation. This benefit meets the minimum requirement provided for in Chapters 175 and 185, Florida S ta ti I tes. C. The not -in line of duty disability benefit has been amended to provide for a benefit equal to 2 % of average final compensation multiplied by total years of credited service or the early retirement benefit, but not less than 25 % of average final compensation in any event. This amended benefit also meets the minimum requirement of Chapters 175 and 185, Florida Statutes. d. The pre -retirement death benefit is amended to provide for payment of at least the minimum benefit in Chapters 175 and 185, Florida S ahutey. e. A one-half of one percent biannual cost of living adjustment has been added to each plan which will be effective for all current and future retirees. I am enclosing with this letter copies of the studies conducted by each Board's actuarial firm, Gabriel, Roeder, Smith & Company, indicating that the adoption of all of the proposed benefit improvements provided for in the proposed ordinances will still not require the City to make a contribution to either plan. I understand that these ordinances will be placed on an agenda for first reading on June 6th. My partner, Lee Dehner, will be present to explain the changes provided for in these ordinances and to answer any questions which the City Council may have. If you have any questions prior to that date, please feel free to give me a call. Yours r truly, Scott R. Christiansen SRC/bm enclosures cc: Theora Braccialarghe, with enclosures Jim Paul, with enclosures J. P. Zeigler, with enclosure Bill Douglas, with enclosures f GABRIEL ROEDEK SMITH & COMPANY Consultants & Actuaries 301 East Las Ohm Blvd. a Suite 200 • Ft Lauderdale, FL 33301 a 954.527-1616 • FAX 954525-0083 May 9, 2000 Chief L. Keith Tomey City of Okeechobee Fire Department 55 S.E. 3rd Avenue Okeechobee, FL 34974-2932 Re: Benefit Study for Firefighters Pension Plan Dear Chief Tomey: We have completed the study you requested. The results are as follows: Required Contribution Citv & State city Current Plan Provisions per 10/1/99 valuation $5,893 $0 as % of payroll 2.10% 0.00% Normal Retirement Age 55 8,872- 0 as % of payroll 3.15% 0.00% Service Connected Disability greater of accrued benefit or 42% of average final compensation 7,949 0 as % of payroll 2.83% 0.00% Cost of Living Increase .5% every other year —actives and inactives 8,693 0 as % of payroll 3.09% 0.00% Normal Service Connected Disability greater of 2% accrued benefit or 25% average final compensation 6,022 0 as % of payroll 2.14% 0.00% • r Chief L. Keith Tomey Page 2 May 9, 2000 Required Contribution City & State city Pre -Retirement Death 100°% accrued benefit payable @ Normal Retirement Date/ Early Retirement Date $ 7,247 0 as % of payroll 2.58% 0.00% Proposed Ordinance including all of the above provisions 14,884 0 as % of payroll 5.29% 0.00% The premium tax refund from the state was assumed to be $52,949 for purposes of determining the remaining amount due from the City. Enclosed is an impact statement covering all the changes. If we can be of further assistance please contact us. Sincerely, J-�m Theora P. Braccialarghe, FSA Senior Consultant & Actuary TPB:aI Cc: Scott Christiansen, Esq. GABRIEL, ROEDER, SMITH & COMPANY ORDINANCE NO.750 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 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 MAMIUM PENSION LIMITATION; PROVIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS; PROVIDING FOR REPEAL OR TERNIINATION 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 PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; DELETING SEPARATION FROM EMPLOYMENT FOR MILITARY SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 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 day of MAYOR ATTEST: CITY CLERK Passed on second and final reading this day of 92000. MAYOR ATTEST: CITY CLERK TABLE OF CONTENTS SECTION PAGE NUMBER DEFINITIONS 1 MEMBERSHIP 4 BOARD OF TRUSTEES 4 FINANCES AND FUND MANAGEMENT 6 CONTRIBUTIONS 12 BENEFIT AMOUNTS AND ELIGIBILITY 13 DEATH BENEFITS 15 DISABILITY 16 VESTING 24 OPTIONAL FORMS OF BENEFITS 25 BENEFICIARIES 28 CLAIMS PROCEDURES 29 REPORTS TO DIVISION OF RETIREMENT 29 ROSTER OF RETIREES 30 MAXIMUM PENSION 30 DISTRIBUTIONS OF BENEFITS 33 MISCELLANEOUS PROVISIONS 35 REPEAL OR TERMINATION OF SYSTEM 35 EXEMPTION FROM EXECUTION, NON -ASSIGNABILITY 39 PENSION VALIDITY 39 FORFEITURE OF PENSION 39 CONVICTION AND FORFEITURE; FALSE, MISLEADING OR FRAUDULENT STATEMENTS 40 INDEMNIFICATION 41 TRANSFERS WITHIN THE CITY 41 MILITARY SERVICE PRIOR TO EMPLOYMENT 42 DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS 43 • • CITY OF 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 mid 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. .iVV -a It., Ly tl:V aCV'u. V:::v::l Txi::.ty Aa 397) :1 �:.:y .V ,:l�ti.,::., aJJa►v1 t1...a....,:1VA l;y Q:,, D.,yc:. �.::..:.� „ f I.aLv: k::1 OIL: LZ .::c:l PlV Y Va.uv .rtV. r:s tbat Statute mid Jh: fl L„ Actuarial Equivalent means that any benefit payable under the terms of this System in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establishing the actuarial present value of any form of payment other than a lump sum distribution, all future payments shall be discounted for interest and mortality by using tight but (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, 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. City 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 only upon his written request. If a Member who is not vested is not reemployed as a Firefighter with the Fire Department within five (5) years, his Accumulated Contributions shall be returned- Upon return of his a Member's Accumulated Contributions, all of his rights and benefits under the System are forfeited and terminated. Upon any reemployment, a Firefighter will shall 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 ni= (90) days after his reemployment. M. • • r•ru •, • �• • �► �, • .•• • • • 2 C, The maximum credit for mffit= uant to thig paragraph shall be five 5.) ycarsa Effective Date means the-d.t„ ... „1;J& dua vL.1:..c...,,, April FirefYghte means an actively employed full-time 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. F Md means the trust fund established herein as part of the System. Member means an actively employed Firefighter who fulfills the prescribed r"tip-ra4V== 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 Ye means the twelve (12) month period beginning October 1 and ending September 30 of the following year. Retired means a Member who has entered Retirement Status. Retireme 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 3 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 r.,, .. L:. V.,.,,,,� I,.,"a.., • V ldl V..6.Lt benefits become payable. Syc Pm 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. nNINIff SOW I.ITIe 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.f-...L-, .�i 'r Designation of Beneficiarvi Each Firefighter shall complete a form prescribed by the Board providing for the designation of a Beneficiary or Beneficiaries. 3. i��u D ilC L•LVIa yr Dv ulil 14a: A -I& ... LV....ay r,,,... t:...V t., 1:...., ,l.a.. „lL.,.�..it... ..,.i:.,., Lathe-$,.a.1 ,.ram.. r..{.-4 k..:aV1 Ly U. D„C"--1. ur,_ t su�l. r�vY.VYJly ,1VJ1�Y.Ab,o1 D'.,k.VllVliillVJ tv .VVV.YV c..- LVlIVfiaW tI %,L am., ►fy.i��aa Vl 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 Trustee. The Board „r TiL,-0- L ,. s is hereby designated as the plan administrator. The Board „ f shall consist of five (5) Trustees, two (Z of whom, unless otherwise prohibited by law, shall be legal residents of the ,Y,u& *,.* '4., City, who shall be appointed by the Okeechobee City Council, and two 0 of whom shall be full-time Firefighter Members of the System, who shall be elected by a majority of the Firefighters who 4 are Members of the System. The fifth Trustee shall be chosen L,. a l,,. (2) yVa. h..:::: by a majority of the previous four (4) 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 W Trustees appointed or elected as herein provided and shall serve a two (2) year term unless U. „if.,,,, rxcated «..,1 ..:uy JUVVVVI 1:::::;.,lf in 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 T1 u.t..,: he shall serve, ..1 ...ay J4,.VVV1 1.:.::;.,.F--as a Ti,.I- ,. Each Firefighter Member 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 I'i...fielrter Trustec may succeed himself in office. The Board shall establish and ad iWs er the nominatin,g and election procedures after each election, The Board of Ti--- s shall meet at least quarterly each year. The Board of Trustees shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. 2. The Trustees shall, by a majority vote, elect a 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. W1 x In the event the Board chooses to use the itr 's legal counsel, actuary or other professional technical or other advisors, it shall do so o ly under terms and conditions acceptable to the 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. SECTION 4. FIN NC ES AM FUND MANAGEMENT. Estab is ment and QV=tion 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. R 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 • • 5. 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 N. 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 (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 evely three (3) years, and more often as drtermined by the Board the Board shall retain aprofessionally Qualified inde ndent 0 • C� E' M 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. 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. E. The Board may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it 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. 10 fr: IL 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. L 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. f7 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. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits provided for herein. I.� 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 11 • • over the acts of any such agent; provided further, that legal title to said Fund shall always remain in the Board. nplllllFkvj 16MINEI)I 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 ul L .A ...,,.i'11y immediately after each pU period. The contributions made by each Member to the Fund shall be designated as employer contributions pursuant to §414(h) of the L.L.A.-Cl Revenue Code of 1986. 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. Y. G1.00 1.1 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 tj (40) y..aa r,,.;,,1, a.�.aauaawa,.uab rr itiI"the �sL'�} y..�a.:....la;,,1. Q.W Effi,x,,, D.L ,.1 Q.....r1y,(.,... ,..Cars as provided in Part VII of haWer i 1 � Florida Statutes. 12 0 • �*Nm 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) 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 Vercent (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 coincident with or 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. 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 Retirement from employment with the City on or after the early retirement date and prior to the normal retirement date. 13 C� • 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 imrl ....,.:� cw a I'i�.,LjA,,,, 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 he continued employment as a Firefighter. 14 Or M-MRWITORT—MMOMITTro 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 (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 ($5.000), it shall be paid in a lump sum. If the value exceeds $3,5W five tbousand dollars ($5,0001, 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. "I. a7f4m, Ming. 6 MW MMETMInlaii- MWIF. Mo,=# - MMIRREP.M. 1rX1ror1MWR1M#Tr6R7,*7ii 15 SECTION 8. DISABILITY. 1. Disability Benefits In-L.ine 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.�yentitled to a monthly pension tnd� (r�-4I.V JG1111V aauuuwa cw ��,. „�..1� 1V... VaaaVl�L �IJ Jvr brld, 1[l ►1VV �Vli �, J�ILJVV�Vll " D, FL W Y1JLl& La K1a aV�Y to three Vcreent (3%) 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 _pu n (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 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 Firefighter Membe shall have successfully passed a physical examination upon entering into such service, including V,. dA*.6.4U.., 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. AdditiotL 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 16 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. (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; 17 I At the site of an accident, fire, or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or 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. (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: 18 (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; iii. 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 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 not been exposed, outside the scope of his employment, to any person known by him to have tuberculosis. 19 (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 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 Expose. 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) \ wired medical tests; preeml2lQymn physical. 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 20 • • 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. • �• imp 1- • 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 cQual to the grea= of ,) or W) where 6 is two parcent (2%) of Average Final Com=nsation multiplied by the total years of Credited Service and Oi) is a benefit determined in the same manner as for early retirement as set forth in Section 6, subsection 4B, providing for an actuarial reduction. In any event,_the minimum amount paid to the Member shall be twenty- fiveVcrcent ,mil of his Average Final C.omnensation. 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 DisQualifyin,z Disability Benefits. Each Firefighter who is claiming disability benefits shall establish, to the satisfaction of the Board, that such disability was = occasioned primarily by: A. Excessive or habitual use of any drugs, intoxicants, or alcoho} narcotics. B. Injury br disease sustained while willfully and illegally participating in fights, riots or civil insurrections. C. L.J*,..y .,A J.O%,"Ov 4.a".,,J Qr while committing a crime. C, Injury or disease sustained while serving in any branch of the Armed Forces. E: D2 Injury or disease sustained by the Member after his employment as a Firefighter with the City Okeechobee shall have terminated. 21 M11... L..X . G. L*.►Lbcl-by-flaw F:L.FIght..: ,ha, � ",-lI *- — r... V CA't, ".:d ".:,u:E, VuL .,r,l..,l..,.::r1V l...I.:L. IL L i V.,.:d:t:V:: ra V "'vl.aJlaa: C.V .;,l'.bl.l...' .l..I..:L.,.r :.: LlA%, .ri JJ 13 A::. I l., IkLk.14-- Jlld.l L. vA-LAdded-tV " d:- �ZA 1y r.,.:,:�.:, .�1:V'al:.,. LA L.:e-cFduty L'.:., Vl%hat,, L.,catsse-o� V. 1..V1io-d1.,, ks a�.:1:L-sa vTw • J , •�, • A A A - L - VY a3avC1'Lbal VVIaVLYVll ya V�V/.aJLlag L.t tliV tYa 1.I V,' 1.1 Ya99 Lal (Y.alYVal Va V Y mt..lUbl.11ul/ ua Q.i. OyJtilll, r.vr:a�Cl:/►I/.:,,ul� .+VL.a1:taVaa e Ip 1GLQtaa,raaJlur tv K LLA a* .J ua�, uaajl�aaaaaaLaat va V�a'va aaYv�ar�.�Vaa�a�vai be-estawl:,l:Vd Ly ,:.L,t�:::tiat evidence. l d�,'.hin� 1.,I."* - L ,l:kll L%.- .,VI.JI.u.,d tV YL.,.,l.1dV a d:Jt,.L:;Ly r.,..sion-tom- L... L.,. All, "Ji 1. .f1 er /«1.....J V.y, uaarGaaaL aa.v.a V. 11.�} VVlldlt►Vll da,lfVl V..t 1. Vlll JVlla�/ ./1YV. YYlJY.JV, aa11�J(.aa YlaValt, Va �/4aV1 111V1:.ICLL VVl.d:t:V 1• Vl►.,L...� al. VL y..Vl tV Ja:1 YaYVaaYL vY J1:aY. $, Physical Examination Requirement. A Member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the Board for that purpose. The Board shall not select the Member's treating physician or surgeon for this purpose except in an unusual case where the Board determines that it would be reasonable and prudent to do so. Any Retiree receiving disability benefits under provisions of this ordinance may be 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 I.I.,... L... he 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 he shall forfeit the right to his pension. 22 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. RNIEWSIM-Mr-LIof ' o 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. 23 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"*,. a1.11 "Ad L. tl.., L,,.t.,..t A 1.,V.....4 :.,Lt/cthe 111111YallLi111 YV.lYY1 VYlYVLYtJ VJ C1 iV,, rl l^,S, Fl,. StfttUIVJ, QV "A AL V111Vd 11 VJ.Y `V►1V tV LL1a/V. Notwithstanding the foregoing, in no event shall the disabfity pension benefit be reduced below the greater of forty -two Wrcent (42%) of Average Final Compensation or two percent QM of Average Final Compensation times years of Credited Service. If a Member terminates his employment witli d.,, r.:.,, as a Firefighter, either voluntarily or by discharge, and is not eligible for any other benefits under this System, Ik 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 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 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 24 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 Firefighter Membe , 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 Methber Re.during the lifetime of the Member Retiree and following the death of the Member, one hundred Mrcent (100%), seventy-five percent (75 %), sixty-six and two-thirds er en 466 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 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 Ja .. 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 25 • 0 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 Eirefightcr Memb, 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 U) or more primary Beneficiaries where applicable. A_Member may change his Beneficiary at any time. If a Firefighter Membe has elected an option with a joint pensioner or D.,::,,1:,,:�.Yy and 2z Member's retirement income benefits have commenced, tk Member may thereafter change his designated �.�:::11,.::�:,,::V..,. DV::Vf�V:a.y, Lu1..11ly �r die t}eSlgrlc:LV1 IIV::,,l":V:�:: y y.�.al. VVAJVJ 1:,, I.i,,1:,L.,: ,,: ;f Q:., ,lesigrratecl II.,ll,,ri,,Lc.. y c111 11te Proy V1YlLVl YY V1V /4YLLLiJ.VY GL i.{{!1./ Vr IYi,,l/1L VJ J 1VL1 V•11.,Y1{. a.11 aY./ .IlY V�VV4 J{.YL'JV.i.YV1l1. �l.ii V.V� 1 I .iV4 1lV YYV Y Va., aaa •aV V Y.,l �t• 111(a,' a ..Il i(-[nj'VY VI1Q11GV 1lYJ V• 11V1 YVJ1�1.al: lL IIV11Vl1y1L.J,� a11\/av than Beneficiary at any time,, but my only change his joint pensioner twice. Subject to the restriction in the nrevio is c n nee, a Member may substitute a new joint 1xnsioner for o 1 deceased joint =pensioner. 3. The consent of a Eirefrghtcr'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 i,,:::L.,.'� DV11Vl:.:u.y V. Retiree's joint pensioner in accordance with this Sectidn, U/., DV—.1 -1-0 -J, "-J1 t1:V I-L ..L.,�'� 11/„lt111y L.,/1Vral Ly urrL'.�:LV=► VruVl::�:::ul „a1V:: G, ,: 1., - -- , the amount of the retirement income able to the Retiree shall be actuarially redetermined to take into account the age of the former joint pensioner,. th_e new joint pensioner 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 Retit shall pay the actuarial recalculation expenses and-sl:ull -k�� ,,1'r=.,,=�•- rV::�-�:. Lw::� :t; k; «A-ult „1' ,i .,,V�. 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 Firefighter Retiree, such benefits as are payable in the event of the death of the I'i..,T.�lftr 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 Firefighter 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 ghteris 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 firefighter Mir 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 Firefighter Member prior to his Retirement and wtdu.. �u.z%A'Y (98)-daysd.,, &.Lh-oH.„ D,,..,,il,,:�,:y . C. If both the 1 ,1A ,. Retiree and the Beneficiary (or Beneficiaries) designated by Member or Retiree die before the full payment has been effected under any option providing for payments for a period certain .and life thereafter, made pursuant to the provisions of subsection 1, the Board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 11. D. If a Firefighter Membez 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 27 • Beneficiary (or Beneficiaries) designated by the in the amount or amounts computed as if the I:..,1'lr titer 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 monthly benefit amount is less than one hundred dollar (100.00) or the total commuted value of the remaining monthly income payments to be paid do not exceed Three f= thousand Fi,,, dollars ($3,500.00) fSi.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 Firefighter 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 Member or Retiree by signing and filing with the Board a new designation -of -beneficiary form. Upon such change, the nights_ of all previously designated Beneficiaries to receive any benefits under the System shall cease_ 2. If a deceased 10.1 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 .J.L. Member or Retiree predeceases the %I.L,., Member or Retiree, the death benefit, if any, which may be payable under the System with respect to such deceased r;-J'-,61.Lz Member or Retiree, shall be paid to estate of the ri.,,rrlA.,. Member or Retiree and the Board, in its discretion, may direct that the commuted value of the remaining monthly income benefits be paid n� a lump sum. 28 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. Each year and no later than March 15th, the Cl.a.u...«...,f-the Board shall file an Annual report with the Division of Retirement containing the fa$owing. documents and information 1. :.. I«,.L tl.v C:ty :-4 :.. ,iv... 'a:C...vv witir d.,, yl a, „ l Cl.i rLWa 175 i:i 1 4 r 1' L:1 l it 1 t-fiscal-y f dh`ey-(or L. l wa lv data aalvl V iYL,iVt.a l�', Vi .V il-VJ avvv.a vCµ v µil irXL,VV11YWiL i../J:L L v 4 NNY1.%V� FULL,, a,.,.V'µlltLll.L I1,,,�uu,.� Ly Us%, D1Y1JiV.. Vi 1'.. J1.V YW1.lj, Ci Li VI"AVi LI LL.�, Vr "JJVW (Li1��VV LV •C11 -W fl1VaYY GaA (L J"WIi.\r1.t 111 a 111VV111V CLL1111JLµ1 J,.l[/yl�W alµlll., d1V ''VC.1. OLAWL 1AXVV...,/ CN.al 1iJL.i1 J..111,r11W Jll(Lll L4 1bNV11V11N,[ .�:dl d.,, Cadd, tJ at d.,, L„SL...:..e, k..d W J „ f J.,. y:,ui 3. l l =.:.:WJ a.,1'.:L:t 1.,P;V:..r, d.., ......IWA. f nA W1:6LL,.1 ,,)., tl.a, T%JA Wes,, V1 dle-E-itp; dl,, ...i.l.L.,.:..a,1,.1,,,1 :l. d.,, V..A...., d.. aaaaYaaLVA a,T 1 as a,fi�i. —Aj ... :.'� �/iv, a,�AJJ:laa,V �4VVV1 �ai:� tV d1V lVl d.,,:l L,,:..6 :..a.i:g:Ll,,, C...,l JAW ..r....L,.. vi i,W-W—J Qil1 tl.,,:. D,,....Ti,,:4.«„s iVW1YLIG. rValJ1V1• Fl.a.1/a.vl.� Qal,i�.V .µl.V µlaw Vl Wl.lµaaL 1VaaY VY.a Vaa� LaV V...y Va 1J'V aa�ylV ra �/(a�1..V1.� bein j, l ,. vW: a val Ly il.,,.... state711e2tOf d.a, "...a,., AA ds,, C:ty �. ,.Vl.L1,fl„ J LV d.v 1 .j L. UAW rarr�r�g 1, L— PIC", "Ali daV {I.IYV µ.1F �aV Cl�� Vv Al ...U. %& tV a— 1 aaYA-CVl aiV ,.µL1 ValL'd1Lµi .1 VC". 29 • • Iit (Yl� LV1YVl1� (j(V .l..il/1W YYa4l p VVYYY1iYV1 V� Y.J"Ai".W vVaaaj.t".. , {�lV aV!/Va` J�aiYl inc14.1V K .�lc:�..:::'V::< Vl Yly aylllilV.�J1.1�/ yi Yly i11J►Y.V1 Lyl,yll� iV 9— L—,-L`J F/ YlYed by this V:.�:La::w. TI:+J Yv�,va.. �I,cii1 uiJV yV111Lllil 111L1J111WLLV1► �VVYL Illy fa.J{.ti yt, Lt4Ja.J Vi lra v::aa4i:: 1law.i, llla/J tGLiity t�: L, .:d..,.,.Jt :aiy� k::d-methol u�y1 ;:: rCuI::., „:::,,::i L.,::,.f:t:�. G. TIM, at.tlaulatal ruluutaV:, „r a:,: Jy1 rVl ::: CJyVtIV:: ,''i::Vh W"I" iVll Si=ff V fl. Vr"Av.l bJV c::: VA"JL-d L:V t::(Al YIk.V 1.1 Vlia ly 1.dYY1jiVy VV T�V Ya VaYa V..t iaaVVa11V 4jyV Wl�y / l\Ii Vf 1974 (Y lJ YYIa`VLI1V �VV►V�yr 'Vi . i%,L"alayJ Va G., kL&ALValVLl11 A,."&..q Va .[7Vt4C4 aVJ. 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. Tl:� DVk.1 :::Ky ,,.:.11.�y :.:1,.�,.,.a1.,.lt lye, : yVuaYJVi CLL �a\I V rltVaa:'V VfI�IV::Jy I. the �/YlllVJVJ VV1.l,�1a11VM 11VaVLa, LV�V`�lyi YYa�a JUVla V111V1 jJlVrVJJYVIt�.a, �VlaY4vCa. Vll �'1YVa «1 �aJVaJ fLJ 41V l%V4a� �V111J 11VVVJJC4y. 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; 30 (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. 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 W plan. 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 J 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 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 31 • C� rate of five percent (5 %) and shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. �•� 1 • 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. WINEW-TINVITITr". Mb• I PrI6,11OX1,1#10,11 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. 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 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 32 r� u n u 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. 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. ' : • • 1 • 1 11 • • 1 • 1 ' 1 • 1 : 1 - 1 Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously 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 cmg1=r's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Cbde. 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: 33 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 seveaty and one-half (70-1/2), 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, lba Member's entire interest in the System shall be distributed within five (5) years of lk 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 C. Such distribution begins within one 4D 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. 34 •iY • ► vl ; ►1 • I It / • ► 1 u rr • r WNW k-H rr At no time prior to the satisfaction of all liabilities under the System with respect to Members and their Spouses or Beneficiaries, shall any part of the corpus or income of the Fund be used for or diverted to any purpose other than for their exclusive benefit. 2. No Reduction of Accrued Benefits. No amendment or ordinance shall be adopted by the City Council of the City of Okeechobee which shall have the effect of reducing the then vested accrued benefits of Members or a Member's Beneficiaries. 3. Orualification 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 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. 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 • •) 111177 IN.•r • •• �rrr r r • 35 • 0 fitnctions as provided in Chapter 121,.Florida Stag=, 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, l,Y Yl L, th., i j.,L... 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 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 36 • 0 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 Mernbe 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 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, 37 • 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 Trust Fund 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 ,Ll.) of the twenty-five (25) highest paid Firefighters of the 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 dollars ($1,500), shall not exceed the greater of either a) twenty thousand dollars 4$20,000), or b), an amount computed by multiplying the smaller of ten thousand dollars 4$10,000) or twenty percent (20%) of such I'i.J:r1.2.,� 1. 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 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 L.L...,.1 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. in SEMO►T 2412, EMEM '' M FROM E CLMON, NON-ASSICNAPIL.><7'Y. 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 obtained erroneously, fraudulently or illegally for any reason. Said Th= Board is empowered to purge the Mn ion roll or correct the pension roils mount 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 1. Any Member who is convicted of the following offenses committed prior to Retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this System, except for the return of his Accumulated Contributions, but without interest_ as of the date of termination. Specified offenses are as follows: A. The committing, aiding or abetting of an embezzlement of public funds; B. The committing, aiding or abetting of any theft by a public officer or employee from employer; C. Bribery in connection with the employment of a public officer or employee; D. Any felony specified in Chapter 838, Florida Statutes. E. The committing of an impeachable offense. 39 0 i 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., but without interest. The Board may implement all legal action necessary to recover such funds. y ip O ► I ►\/ "I W; ►! 03 XWO M Ike) t M 46163 W M3 0 DY411 1► o MIN RXII Fig) 01 a W-1 VAV 1013 1013 40 0 . Re PaR R6" - 1 , " ToOf1 • - 1' 414161111107MMI 1 , • t • 1 , • 1 11' 1 A—rMination of Lmilt that is the result -of -a Dle*-7e,--*-ial. rezardless- of . 1 ' ' • , . , • T. .1 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. If a member of any of the City's three ) retirement systems transfers to either of the other two Q systems, he must choose one of the following procedures with regard to Credited Service accrued to date of transfer. 41 • E 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 .oac 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 Firefighter Member on or before ,,, Da" ..H"* vx%lu."..,,,, u: six (6) months from the date of his employment with the City Fire Department; wiucl,.,, ,.:� 1:�'..,r. 3. Payment by the Firefighter ,Member of the required amount shall be made within six (6) months of his request for credit and shall be made in one a) 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. 42 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 ka 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 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. 43 1 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. TIIV �VaaJ Va fL"kV�VY.la+ jV"X V a J ii au CL LVaIr a a t1rJ all .V aY IaVV of the -A &-&&Va r.,.,,.,4 .,r d.V U:.:tcd-Staficr, On, U.LL*.,-%L-%..0 ni.,a„I.".A J.V U..;IJ ;t.,tV.* Coast 6mard,1�L.1.:;:1c:. ly ,,::..�„Iat..�L..alJ, «f" 4#,,F :ci � f`ulll Va1.JFIVy...V:At "S-�a r'i.Vl�ir'l:terwi4l. a.V CiLy LU F%.IArVa111 t.ai1Luxr, va JV.. Vim, ol.C.11 LV «aaed L. I"* yVc..o L,f C..,aitet ;tL,a YaVV IVA CELL FL&A. IVJVJ, a:aVItaa.alt7, Y\.JuLab, r. a,Ylava aa(ai: -A.. TIaV avivaaa LQ1"iYJ 'Akl Yaavaei GaJ Ca ra. VlaIaJ..'a �VGY ra Vaaa YYV VCR+IJVa Vr {iYV YiCLLV Vr I4J JY aaJ�lC{a�V Va Y4J aVLVKaiV rY'VaaY JVl Y aV V D. T1.V A ",Aighter-a.,rV�.t� "Aw &, IF4.. a:.. �,..:.., .2,.... �1.i� a.., l`IVI.:L.,..0 W" V...L.L.L d-if-hV I.ka .V.:.k::.,J u ri�Vr�I.t„� 1,....� I.:,2 aLy.,..w. The l.aLJA deposit wIi ::a�Va �„::t�:L::l �::s Lt d:::: k i,.,...,a ..i::"l (3) t:...V� daV Y%IAAA Vr... l.l�..y ,;,,: �...,, L.:t ::,�� :::v:V a:�:: l:ry (jr) ,rI.,y, w�,�.�., ie right t..11%:1. C:;,a:�,,.I J�, � A..., r.,: I"� i::ait4u j JVl Ylli4 � UJLJYGuj t 1V duJ C=tio1L. C. TI.:::.:C.,.:.:..:... w:,a.1 r,,:::::L.u:y �:,:.�,,, j,.::J::Gu:t C,, d::s jV,.i:v:: Jmff-be five D. L. �.a�. 1,, li.:C:r, rV. d:V i,u:.,I.K:J:.J eredi a iV 7 Fi �101 iL-,L1'rIAL. .t.LWL La.L,. LVV.I a:,GltGa�Va v. avatraJL�a ri VaaY .iva taw Laaa1V� Iay..vac.LlV V„a:a�LLV..,�. TI.:� 5...,1:.,:: �� ::.r1...::dccl-�V al.;,.,i v: ►,A VIrVV MYV Yl /W l+al+YtaY Y V.34L V4N,a �W Vr thV U/a1rV+aYYV� �V+taV VJ iwall*%1Act V�YiaVY�l. Caaaa �Ll Vaaaa�J�Y4'V.YY.� (� L.J.J.. 53).TTx, J- w,,L.- -that ua:j 3%.A ;VYY a„•V.3..VL:.,,,t �L14.V l.Yl1.i..YY4La Y JVr U9y1�� IXIA, LLJ lt:.:pjV LV ia►::v::a`ra SIVI:1 . W::v iN 111N Ya.4La.au.al JaG -aa J.a JI.aY.I "Vkl . bmlot\6re105-21-OO.ord • EXHIBIT 3 - 6 / 6 AGENDA THIS EXHIBIT WAS DISTRIBUTED TO YOU AT THE MAY 16T" MEETING. SHOULD YOU NEED ANOTHER COPY PLEASE CONTACT OUR OFFICE. i OKEECHOBEE UTILITY AUTHORITY P.O. Box 835 Okeechobee, Florida 34973-0835 May 26, 2000 Mr. Bill Veach City Administrator, City of Okeechobee 55 SE Yd Avenue Okeechobee, FL 34974 Re: Objection to Senate Bill 1280 Dear Mr. Veach: • EXHIBIT 4 - 6 / 6 AGENDA (941) 763-9460 FAX: (941) 763-9036 During the recent Legislative Session in Tallahassee the House and Senate considered and adopted Senate Bill 1280 which is related to nursing homes and health care facilities. As the legislative session drew to a close the bill was amended to include language pertaining to water or sewer utilities. This amendment would require public counsel for the Public Service Commission (PSC) to provide legal representation in proceedings concerning water or sewer rate changes. The bill has been sent to the Governor to be signed into law. Attached is a copy of OUA Resolution No. 00-001 which has been sent to the Governor and a copy of proposed Resolution No. 44-00 from Delray Beach, Florida. We are requesting that you review this material and see if the County Commissioners would be interested in approving a similar type resolution. I have been told that we have about 2 weeks to make our voices heard. If the Governor signs the bill into law this could be the first step in bringing the PSC into our business. Your assistance in this matter and approval of a Resolution by the County Commissioners will be greatly appreciated. Sincerely 67e��C-- IF landon C. Fortner, Jr. Executive Director, OUA enclosures (2) RESOLUTION NO. 00-001 A RESOLUTION OF THE OKEECHOBEE UTILITY AUTHORITY, OKEECHOBEE FLORIDA, OBJECTING TO THE ENACTMENT OF SB 1280; REQUESTING A GUBERNATORIAL VETO, AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE OKEECHOBEE UTILITY AUTHORITY, OKEECHOBEE, FLORIDA: WHEREAS, The Okeechobee Utility Authority is a special agency created by Interlocal Agreement between Okeechobee County, Florida, and the City of Okeechobee, Florida, for the purpose of serving potable water and sewer service to the citizens, residents and utility consumers within the OUA service area; and WHEREAS, Okeechobee Utility Authority is exempt from the rules, regulations and oversight of the Public Service Commission; and WHEREAS, the Legislature of the State of Florida enacted SB 1280 that, as originally written, addressed nursing homes and the Agency for Health Care Administration, but contained amendments added just prior to enactment, mandating requirements for notice of proposed increases for any rate, charge, or fee for water or sewer utility service and mandating that the public be represented by Public Counsel in any such proceedings and further granting duties and powers to Public Counsel in the performance of such representation; and WHEREAS, the Legislature of the State of Florida, by the enactment of SB 1280 with its amendments, has attempted to place the Okeechobee Utility Authority partially under the rules , regulations and oversight of the Public Service Commission; and WHEREAS, there is no relationship at all between nursing homes and the Agency for Health Care Administration on the one hand and providers of water and sewer utility service on the other and the Legislature of the State of Florida failed to follow its own rules in adopting SB 1280 in its final form. 11 0 • NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Okeechobee Utility Authority: That the Board of Directors of the Okeechobee Utility Authority hereby objects to the enactment of SB 1280 for the reasons set forth above. That the Board of Directors of the Okeechobee Utility Authority hereby respectfully requests the Honorable Jeb Bush, Governor of the State of Florida, to veto SB 1280 as adopted by the Legislature of the State of Florida for the reasons set forth above. That the Board of Directors of the Okeechobee Utility Authority hereby ratifies, confirms and approves the action of its Executive Director in writing a letter to the Honorable Jeb Bush requesting a veto of SB 1280. This Resolution shall take effect retroactively as of May 15, 2000. APPROVED AND ADOPTED this S day of )11 , 2000. Y\AOAA�-YA . Q-Q- Z T: MONICA M. CLARK, Chairman DON C. FORTNER, JR., G Executive Director Pa • dS A RESOLUTION NO.44-K C` Q.ux." A RESOLUTION OF THE CITY OF THE CITY OF , FLORIDA, OBJECTI(2) TO LANGUAGE ADDED TO SENATE BILL 1280 THAT PROVIDES FOR PUBLIC COUNSEL OF THE PUBLIC SERVICE COMMISSION TO PROVIDE LEGAL REPRESENTATION IN PROCEEDINGS BEFOREACOUNTIES REGARDING WATER AND WASTEWATER UTILITY RATES, AND REQUESTING THAT THE GOVERNOR VETO SUCH LEGISLATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Senate Bill 1280 was passed as amended by the Florida Senate on May S, 2000, and has been sent to Governor Bush to be signed into law, and WHEREAS, Senate Bill 1280, relaxing to nursing homca and health care facilities, was amended at the eleventh hour by the addition of language that provides for notices to customers before a local government water or sewer utility increases any rate or fee for utility services in addition to any notice and public meeting requirements for ordinance adoption as provided by general law, and further requires the Public Counsel of the Public Service Commission to provide legal representation for the people of the state in utility rate proceedings before counties; and WHEREAS, this portion of the amendment appears to violate Rule 7.1 which provides that no proposition on a subject different from that under consideration shall be admitted under color of amendment; and WHEREAS, Senate Bill 1280 is an act relating to nursing homes and related health care facilities while the subject ofthis portion of the amendment is water utility rate proceedings; and WHEREAS, said amendment to Senate Bill 1280 demonstrates a complete disregard for the fundamental principles upon which Home Rule was founded and exists pursuant to Florida law; and WHEREAS, the City ems:.....:: is deeply concerned about the impact Iltat t]iis legislation could have for county and local governments throughout the state. 9 0 uAt NOW, THEREFORE, BE IT RESOLVED BY THE CITY 60MMISSiON OF THE CITY OF a,� , FLORIDA, AS FOLLOWS: cap• ox e on 1. That the-B-iyei:-f?:!-G - , ; , .... L. formally objects to the amendment provisioVf Senate Bill 1280 as they pertain to water and wastewater utility rate proceedings. and respectfully requests that the Governor reject any such legislation. Section 2. That the City Clerk is directed to forward a --opy of this Resolution to the Governor, the Florida State Legislature, the Florida League of Cities,4-kJ- 6Lg" — ,.P:.2. :�it-€..I�.. 6��..ui: ,crr � .�.�1ogM..y h% 11�It vi County Commissioners, , and any other interested parties. PASSED AND ADOPTED in regular session on this the 16'h day of May, 2000. MAYOR ATTEST: City Clerk IMPROVEMENTS BUDGET 99-00 Budgeted amount Storm Drainage FRDAP Grant (available for paving jobs) Engineering cost (estimate) (actual available for paving costs) Proposal # 1 Jobs 1-8 (estimate) Proposal #2 Jobs 1-9 (estimate) Proposal #3 Jobs 1-10 (estimate) EXHIBIT 5 - 6/6 AGENDA $451.086.00 145,000.00 - 50,000.00 $2561,086.00 - 50,000.00 $206,086.00 $150,774.40 $209,881.40 $320,618.40 I would like to put together an RFP, which would include a bid on all 10 jobs. I would also ask that the bidder offer a bid that does not include job # 10. As a third option, 1 would ask the bidders to back out jobs number 9 and 10. With this multi -tiered proposal, the City should have options, which will enable us to stay within budget while g the number of paving projects. • E 1. SW 2nd Avenue (SW 15th to SW 16th ) (720 LF) (New construction for 2- lane road, 70' R/W) $ 24,786.30 2. SW 6th Avenue (SW 4th Street to SW 2nd Street) (720 LF) (Asphalt $ 15,400.00 Overlay) 3. SE 6th Avenue (State Road 70 to SE 2nd) (Asphalt Overlay) $ 5,225.00 4. NW 7th Avenue (State Road 70 to NW 2nd Street) (332 LF) (Asphalt Overlay, DOT Permit) $ 15,400.00 5. SW 15th Street (SW 5th Avenue to SW 3rd Avenue) (1168 LF) (New Construction) $ 21,780.00 6. SW 6th Avenue (SW 219t Street) (950 LF) (Asphalt Overlay) $ 18,480.00 7. NE 2nd Street (US 441 to NE 4th Avenue) (1073 LF) (Mill and Resurface through lanes, DOT Permit) $ 23,650.00 8. NW 7th Street (5th to 4th ) (340 LF) (New Construction) $ 25,356.10 9. NW 13th Street (NW 9th Avenue to NW loth Avenue) and NW loth Avenue (NW 12th Street to NW 13th Street) (New Construction) $ 59,804.00 10.SW 12th Avenue (SW 2nd Street to State Road 70) (488 LF) (New Construction, Guard Rail, Utilities $110,737.00 Relocations, etc.) Total $320,618.40 9 EXHIBIT 6 - 6/6 AGENDA Local Consultants Report Regarding Costs of Conversion of the Old Library As instructed by the City Council, I have discussed at length, with four area contractors, proposals to convert the old library building into a new police station. I requested estimated square foot costs on the smaller and larger floor plans, as well as asking if it would be more economical to tear down the existing structure and build new. I also asked if the local firm would be interested in bidding if the RFP were a design/build format. As of this morning, Tuesday, June 06, three of the four contractors have given me their determinations. (I have included one of the more detailed estimates for your review.) The overall consensus is that it would be more cost effective to remodel as opposed to building new. Estimates range from about $61 per square foot (smaller floor plan) to $100 per square foot. Using these parameters, cost estimate ranges are: Small Floor Plan (4143 square feet): $252,000 — 414,300 Larger Floor Plan (6733 square feet): $393,880 — 673,300 Compared to estimates we have reviewed previously, I feel these numbers are more compatible with the confines of a potential budget the City would have to work within. I have included a proposal and cost estimate for a design/build RFP. With your approval, I will proceed in this manner. Respectfully submitted, Bill L. Veach • LICE BOARD OF OKEECHOBEE (,o%n 4cTo NO 109 owMamis Of Owpolow. TMM ir'ro Crib 1ok W llinm Curter CurrenElap-tric romoanv. Inc 2"480 Aw "M ALL sowblwbo{ Mile TMr MAw1 o��r��swcoopro" JOLIANFMAN As A: Registered General . X�1 cowrRAcmit {VRJtRi fo ALL OwpNAACs{ AMY wsOULA 11{ 0► t w YF Ow/wCMa POLICE STATION SCEEME M EXISTING LIBRARY (86'4" X 4614-) 4000 SQ. FT. WITH GZNERATOR ROOM (10'-8" X 13'-4") 143 SQ. FT. 'DOTAL 4143 SQ. FT G 'NERAL DESCRWnON OF WORK: RETAIN JXISTIlNG ZXTZRIOR STRUCTURE. RZMO'V'Z VaSTING ROOF AND ROOF STRUCTURL COMPLZTZLY REMOVE ALL EXISTING INTERIOR PARTITIONS AND CZD.I iGS. INSTALL NEW PiTCRED TRUSSES WITH NEW CLAY TILE ROOF. CONSTRUCT NEW GENERATOR ROOM. CONSTRUCT NEW ENTRY CANOPY. CONSTRUCT PARTMONS TO DIVIDE TEE EXISTING BUILDING INTO SPACES AS LISTED BELOW - LIST OF SPACES WAITING ROOM / HALL RECORDS TERESA'S OFFICE CHIEF'S OFFICE, COMM. OFFICE CAPTAIN'S OFFICE CLOSET UI11N WOMEN DET. OFFICE VET. OFFICE CLOSET DET. OFFICE EVIDENCE ROOM PROCESSING CLOSET H.C. TOILET#1 I4VAC TEL. / RADIO ROOM ELEC. H.C. TOILET#2 DUI SQUAD ROOM GENERATOR ROOM SUPPLIES SERGEANTS' ROOM DISPATCH VTMVIEW CIRCULATION / STRUCTURE TOTAL 251 SQ. FT. 146 SQ, FI 100 SQ. FT, 214 SQ. FT. 120 SQ. FT, 144 SQ FT. 72 SQ. FT, 105 SQ_ FT. 103 SQ. FT. 130 SQ FT. 130 SQ. FT. 22 SQ. FT. 110 SQ. FT, 291 SQ. FT, 55 SQ. FT. 17 SQ. FT. 39 SQ, FT. 118 SQ FT_ 33 SQ FT 39 SQ, FT, 56 SQ. FT. 438 SQ. FT. 120 SQ FT. 96 SQ. FT. 120 SQ. FT, 182 SQ FT. 96 SQ, FT. 794 SQ. FT_ 4143 SQ. FT. LICENSING BOARD OF OKEECHOBEE CAvTltAcTolt s NO. 109 William .cr'L.rrat 0131A-_CUrrou Electric Cmpay, Inc POLICE STATION u"'°""'u""""& assummompea " aft" of''°°ona" Afi ,�: _Raft atered General jotIANnuis SCHEME 02 CONTRACTOR IW FNft1 TO "6L aM^bCU AN* •too►A -OI N EXISTING LIBRARY (86'-4" X 46'-4') 4000 SQ. FT. WITH • (30'-0" X 8614") ADDITION 25" SQ. FT. WITH GENERATOR ROOM (1014" X 1314") 143 SO. FT. t GENERAL DESCRIPTION OF WORK: RETAIN EXISTING EX'IL►RIOA - STRUCTURE. REMOVE EXISTING ROOF AND ROOF STRUCTURE. COMPLETELY REMOVE ALL EXISTING IIMRIOR PARTMONS AND CEILINGS. CONSTRUCT NEW 2390 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 LXISTING BUILDING INTO SPACES AS LISTED BELOW. LIST OF SPACES WAITING ROOM / HALL 257 SQ FT. RECORDS ii1 146 SQ, FF. RECORDS M2 100 SQ. Fr. CHMF'S OFFICE 2.14 SQ. Fr. 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. 04 66 SQ, FP. H.C. #3 66 SQ. FT. H.C. #2 39 SQ, Ff. H.C. #1 39 SQ. Ff. PROCESSING ROOM 133 SQ FT. EVIDENCE ROOM 413 SQ. Ff DE'T. SERGEANT OFFICE 165 SQ. FT. DET. OFFICE 154 SQ. FT DET. OFFICE 99 SQ. Ff. DET. OFFICE 99 SQ. FT. TRAINING ROOM "S SQ. Fr. CL. k 1 30 SQ. FT. CL. M2 35 SQ. Fr. CL. #3 23 SQ FT. HVAC TELEPHONE / RADIO 175 SQ. Fr. OFFICE 106 SQ. FT. KITCMN 127 SQ. FT. WORK STATION 131 SQ. FT. TERESA'S OFFICE 152 SQ. Fr. SUPPLIES 122 SQ. FT. DISPATCH 176 SQ. FT COMM. OFFICE 96 SQ. FT. MEN 105 SQ. FT WORN 105 SQ. FT. GENERATOR ROOM 120 SQ FT. CTRcu ATION I STRUCTURE 124E SQ FT_ TOTAL 6733 SQ. mr. , x FROM : 9 FAX NO. : 0 Jun. 05 2000 11:21AM P2 CRAIG A. SMITH & ASSOCIATES CONSULTING ENGINEERS • PLANNERS • SURVEYORS • GRAWS ASSISTANC; June 5, 2000 Mr. Bill L. Veach, City Administrator City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974-2932 RE: CITY OF OKEECHOSSE PROPOSED POLICE BUILDING ENGINEERING PROPOSAL GAS PROJECT NO.00.0901 Dear Mr. Veach, At your request, we are providing you two (2) each Engineering Proposals to prepare the contract documents and specifications for the proposed Design/Build Construction of the new Police Station located at the site of the vacated County library. it is our understanding that the City desires to bid this project as a Design/Build Contract with altematce basod on our oonoeptual plans. More specfcaliy, Craig A. Smith & Associates (CAS), proposes to provide the following: Complete set of Design/Build Bid documents including advertisement, instructions to bidders, scope of work, bid schedule, bid bond forms, performance and payment bond forms, agreement, general conditions and all other applicable forms. CAS shall provide conceptual drawings as previously developed showing proposed floor plans, elevations and site improvements. • CAS shall develop a bid schedule to include the following: A. Base Bid — Existing Building with extension and raised roof. B. Alternate 1 — Existing Building with extension utilizing a flat roof C. Alternate 2 — Existing Building only with raised roof D. Alternate 3 — Existing Building only with fiat roof E. Alternate 4 — New cbs Building as per the conceptual floor plan with the extension and raised roof. 1000 West McNab (load, rbmpano Death, i-lorida 30060 • (954) 702-8222 Fax- (954) 786-0927 Palm Beach: (561) 736-3188 Dade: (305) 940-4661 www.craigesmilh.com FROM : 0 FAX NO. : 0 Jun. 05 2000 11: 31 W P= City of Okeechobee June 5, 2000 Page 2 • CAS will develop a scope of work to be included with the bid documents for each alternate. • CAS will attend one (1) pro -bid meeting prior to bidding. • CAS intends to provide the City with one (1) set of original documents for the City's use in copying and distribution to contractors. If the City desires to have CAS supply the documents for bidding, then CAS will charge the bidders for the documents. CAS shall provide these services for a lump sum fee of $5,500,00, if the City requires assistance after the bids are received, CAS will invoice the City on an hourly basis in accordance with our hourly rates as shown In our continuing contract. If this proposal is acceptable to the City, please sign and return one (1) executed copy to our office. Our services shall be conducted under the terms and conditions of our continuing contract. If you should have any questions or comments regarding this matter do not hesitate to call me. Sincerely, CRAIG A. SMITH & ASSOCIATES Gotca.Schriner, P.E. President Accepted this day of )2000, City of Okeechobee by: Signature Print Name & Title L.kLAMMO-OWIN orrespondenoelproposeloOl.doC I I I I 1 1 U) d LL 1 1 I i I I I City of Okeechobee T BONNIE S. THOMAS, CMC City Clark ' ° is,e °" City Supervisor of Elections Personnel Administrator Lane Gamiotea, Deputy Clerk E-mail: Igamiotea@alyofokeechobee.com phone: (863) 763-3372 ext. 215 55 S.E. Third Avenue Fax: (863) 763-1686 Okeechobee, FL 34974-2932 E-mail: bthomos@ciiyofokeechobee.com FROM: I i I )) AFAX NO.: C� /'Q00 PAGE TOTAL: DATE: wo "j'km_=4h116 IWO CONTACT I N CASE OF qAal" PROBLEMS: _ U d City of Okeechobee FROM: LL BONNIE & THOMAS, 0 C Clay Clerk j City Supervisor of Elections Personnel Administrator Lane Gomiotea, Deputy Clerk E-mail: Igamioteo@cityofokeechobee.com Phone: (863) 763-3372 ext. 215 55 S.E. Third Avenue Fax: (863) 763-1686 Okeechobee, FL 34974-2932 E-mail: bthomos@cityofokeechobee.com I DATE: FAX No.: - (0)&)OC) PAGE TOTAL: (0 COMMENTS: �M 4tuj) eon_ I I CONTACT IN CASE OFaIML4ta PROBLEMS: e- City of Okeechobee FROM: " RONN/E & THOMAS, CMG j CHy clerk j 1915 City Supervisor of Eleafions Personnel Administrator Lane Gamiotea, Deputy Clerk E-mail: Igamioteo@atyofokeechobee.com phone: (863) 763-3372 ext. 215 _- 55 S.E. Third Avenue Fax: (863) 763-1686 Okeechobee, FL 34974-2932 E-mail: bthomos@atyofokeechobee.com DATE: FAX No.: tp It, . oo PAGE TOTAL: '-h U) I U COMMENTS: CONTACT IN CASE OF 'Age PROBLEMS: ealMdla - • 0 I I I I I 1 f f ..WNW.. FROM: y F City of Okeechobee r BONNIE & THOMAS, CMC City Clerk City Supervisor of Elections Personnel Administrator Lane Gamiotea, Deputy Clerk E-mail: Igamioteo@cityofokeechobee.com phone: (863) 763-3372 ext. 215 55 S.E. Third Avenue Fax: (863) 763-1686 DATE: U 1(p101) Okeechobee, FL 34974-2932 E-mail: bthomos@cityofokeechobee.com FAX No.: PAGE TOTAL: f , COMMENTS.U - 1 lJ I I I CONTACT IN CASE OF ' .Mao PROBLEMS: IL I I 1 I I 1 1 MONO i ..MONO.. U) 1 I I I I I I I i s City of Okeechobee FROM: BONNIE & THOMAS, CMC CHy Clerk City Supervisor of Elections Personnel Administrator Lane Gamiotea, Deputy Clerk J E-mail: Igamiotea@ci"fokeechobee.com phone: (863) 763-3372 ext. 215 55 S.E. Third Avenue Fax: (863) 763-1686 Okeechobee, FL 34974-2932 E-mail: bthomos@cityofokeechobee.com i DATE: FAX No.: I D 1 4 I OD PAGE TOTAL: COMMENTS : tat o f_\� wL Lem -k)h[aWs (Ue�l CONTACT IN CASE OF PROBLEMS: e- • • This Exhibit will be forwarded as soon as possible. EXHIBIT 6 - 6/6 AGENDA The Administrator's Office is still waiting for final figures from some of the local contractors. Thank You. i r CS CRAIG A SMITH & ASSOCIATES CONSULTING ENGINEERS • PLANNERS • SURVEYORS • GRANT SPECIALISTS May 25, 2000 Mr. Bill L. Veach City Administrator City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 RE: City of Okeechobee CDBG Economic Development Grant Preparation Services IFFY 2000 CAS Project No: 86-9999-PRO Dear Bill: EXHIBIT 7 - 6/6 AGENDA Attached please find four original contracts for Grant Preparation Services for the FFY 2000 in the CDBG program category of Economic Development. Please execute and return three contracts to the Royal Palm Beach office. Please call M. Dale Milita if you have any questions. Dale can be reached through his beeper number 1-877-475-6094. We look forward to working with the City of Okeechobee on this project. Sincerely, Craig A. Smith & Associates t ' ne R. Schriner, P. E. President GRS:ccv G:ADMINISTRATIONVCONTRACTSt tidmed'vobeeb�-dw Enc. c: M. Dale Milita, CAS 242 Royal Palm Beach Boulevard, Royal Palm Beach, Florida 33411 TEL: (561) 791-9280 FAX: (561) 791-9818 www.craigasmith.cm • 0 CITY OF OKEECHOBEE, FLORIDA CDBG GRANT PREPARATION CONTRACT This Technical Assistance Contract for grant preparation services for FFY 2000 Community Development Block Grant (CDBG) program entered into as of this day of , 2000, by and between Craig A. Smith and Associates (CAS) hereinafter referred to as the "CONSULTANT", and the CITY OF OKEECHOBEE hereinafter referred to as the "CITY". WITNESSETH: WHEREAS, the CITY OF OKEECHOBEE has procured the services of the CONSULTANT for the FFY 2000 CDBG program and is desirous of implementing an CDBG eligible project hereinafter referred to as the "PROJECT" for their community; and, WHEREAS, the CONSULTANT is now available, willing and qualified to perform professional services in connection with the PROJECT, to -wit; To serve the CITY in the capacity of technical advisor for the potential PROJECT to which this Contract applies, and to give consultation, advice and direction for such PROJECT, and; WHEREAS, the CITY is desirous that the CONSULTANT perform such services regarding the PROJECT and engages the CONSULTANT to perform such services as set forth herein and CONSULTANT agrees to perform such services under the terms and conditions set forth in this Contract: NOW THEREFORE, the parties agree as follows: ARTICLE 1 CONSULTANT SCOPE OF SERVICES GRANT PREPARATION The CONSULTANT shall provide assistance to the CITY for the following services under this Contract: 1. Gather information to prepare and write the potential CDBG grant application(s) in the selected program area(s) of CDBG Economic Development. 2. Conduct door-to-door survey of service area to determine project eligibility, if applicable. • City of Okeechobee FFY 2000 CDBG — Economic Development Grant Preparation Contract May 26, 2000 3. Coordinate PROJECT with appropriate City Departments (i.e., Planning, Engineer, etc.). 4. Aid CITY in preparation of site visit for potential award of PROJECT. 5. Coordinate, monitor, and evaluate the direct costs of the overall program, including, but not limited to, the multiple activities outlined in the subsections of the Contract below. 1. Assist in the coordination with the Citizens Advisory Task Force and other interested community organizations, including, but not limited to providing program information, technical assistance to citizens, including but not limited to Lead Base Paint Notification, handicapped provisions, and application procedures. Publishing applicable notices, and assist in conducting hearings. Establish adequate advertising regarding all aspects of the PROJECT to assure proper dissemination of information and ensure active citizen participation. 2. Establish procedures relating to the procurement and implementation of contractual services all pursuant to Department of Community Affairs (DCA) and Department of Housing and Urban Development (HUD) requirements and regulations. 3. Review and advise whether Professional Services Contracts are consistent with OMB Circular A-102, Attachment O as required in conjunction with this contract. 4. Provide technical assistance to the CITY in procuring professional service contracts. 5. Any other tasks as required to successfully complete grant preparation services for the FFY 2000 CDBG PROJECT. ARTICLE 2 GRANT PREPARATION SERVICES CITY'S RESPONSIBILITY The CITY shall provide the following services under this Contract: K City of Okeechobee May 26, 2000 FFY 2000 CDBG — Economic Development Grant Preparation Contract To instruct the personnel of the CITY to cooperate and assist the CONSULTANT in the preparation of the grant application in order to comply with all DCA, HUD requirements of the PROJECT. 2. To provide assistance in implementation of contractual services necessary to the PROJECT per the requirements of any and all DCA and HUD requirements. 3. To review and execute all documents necessary to ensure efficient submission of the PROJECT. 4. To provide at CITY expense to the CONSULTANT office space, to include desk and chairs, phone, filing cabinets and use of a photocopy and fax machine without charge or expense. CITY will provide a suitable area for Public Hearings and construction conferences. This area will be handicap accessible. 5. To assist the CONSULTANT by placing at its disposal all available information pertinent to the sites of the PROJECT including previous reports and any other data relative to design and construction of the PROJECT. 6. To attempt to make provisions for CONSULTANT to enter on public and private lands as required for it to perform its services under this PROJECT. 7. To designate a member of the CITY who will act as a contact person with the CONSULTANT to facilitate transmittal of instructions, receive information and generally assist as may be necessary. ARTICLE 3 PERIOD OF PERFORMANCE The period of performance under this PROJECT shall begin upon signing of this Contract and shall be completed upon the completion of the requirements of the site visit conducted by the DCA. This includes submission of the grant application on or before the application deadline as established by DCA. ARTICLE 4 COMPENSATION* The CITY agrees to pay the CONSULTANT for the preparation and submission of the FFY 2000 CDBG Economic Development grant application in the following manner: 3 City of Okeechobee May 26, 2000 FFY 2000 CDBG — Economic Development Grant Preparation Contract 1. Prior to the start of the Grant Preparation process, the CITY will pay a lump sum fee of Five Thousand Dollars and 001100 ($5,000.00) to CONSULTANT. 2. Within 15 days AFTER submission of the grant application to DCA, the CITY shall pay the remaining Five Thousand Dollars and 00/100 ($5,000.00) to the CONSULTANT. The CONSULTANT requests the CITY to reimburse the CONSULTANT for any normal out-of-pocket expenses incurred as part of the grant preparation process above standard grant preparation requirements. Compensation for out-of-pocket expenses shall not exceed Two Thousand Five Hundred Dollars ($2.500.00). Verification of these expenses shall be furnished to the CITY as proof of expenditure by the CONSULTANT. All requests for payment shall be submitted to the CITY in detail sufficient for proper pre -audit and post -audit review by DCA. The CONSULTANT will provide any and all other related services requested by the CITY. All such additional services shall be compensated over and above the fixed fee for professional services herein stipulated. Such compensation shall, at the CITY'S discretion, be paid at the hourly rate set forth or shall be compensated pursuant to an agreed upon fixed fee stipulated in writing and attested to by the parties. Any related additional direct expenses shall be reimbursed pursuant to actual documented cost. Professional and technical fees for additional services billed on an hourly fee basis shall be invoiced as CAS Principal, One Hundred Fiftv Dollars ($150.00) per hour. *It is the understanding that the third party participant in the City Council meeting of April 4, 2000 agreed to pay/reimburse the grant preparation cost to the CITY. ARTICLE 5 CITY'S CONTACT PERSON The Contact Person who will represent the CITY in all matters pertaining to the PROJECT shall be the CITY Administrator or his designee. ARTICLE 6 EXCLUSIVE REPRESENTATION 4 City of Okeechobee May 26, 2000 FFY 2000 CDBG — Economic Development Grant Preparation Contract It is understood between the parties that a representative of the CITY and a representative of the CONSULTANT will represent this PROJECT before any and all DCA or HUD meetings. ARTICLE 7 CITIZENS PARTICIPATION It is understood between the parties that both the CITY and the CONSULTANT shall encourage continuous participation in the PROJECT by the citizens of the area. The CONSULTANT shall assist in scheduling and coordinating meetings of the Citizen's Advisory Task Force (C.A.T.F.) as required. It shall be the responsibility of the CITY to furnish a location for such meetings. All meetings of the Citizen's Advisory Task Force shall be recorded and minutes taken of all meetings for inclusion into the files. ARTICLE 8 SOCIAL SECURITY The CITY is not liable for Social Security contributions pursuant to Section 481, 42 U.S. Code, relative to the compensation of the CONSULTANT during the period of the Contract. ARTICLE 9 CONTRACT AMENDMENT The terms and conditions of this Contract may be changed at any time by mutual agreement of the parties hereto. All such changes shall be incorporated as written amendments to this Contract. ARTICLE 10 ASSIGNMENT This Contract may not be assigned or transferred without written consent from the CITY Council. ARTICLE 11 CONSULTANT CONFLICT OF INTEREST The CITY having been so advised by the CONSULTANT does hereby recognize that the CONSULTANT has provided similar area services in the past to Local 5 City of Okeechobee May 26, 2000 FFY 2000 CDBG — Economic Development Grant Preparation Contract Governments and to area governmental bodies and may be so engaged in a similar project at this time or in the future, and the parties agree that these projects by the CONSULTANT do not constitute a conflict of interest with the PROJECT. ARTICLE 12 CONFLICT OF INTEREST No member of the governing body of the CITY and no other public official officer, employee or agent of the CITY who exercises any function or responsibilities in connection with the planning and carrying out of the program, shall not have any personal financial interest, direct or indirect in this Contract and the CONSULTANT shall take appropriate steps to ensure compliance. ARTICLE 13 TERMINATION FOR CAUSE AND/OR CONVENIENCE A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. B. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in A. (1) above. C. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the CONSULTANT'S default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the CONSULTANT for services rendered and expenses incurred prior to the receipt of the notice of intent to terminate, in addition to termination settlement costs L City of Okeechobee May 26, 2000 FFY 2000 CDBG — Economic Development Grant Preparation Contract reasonably incurred by the CONSULTANT relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. D. Upon receipt of a termination action under paragraphs A. and B. above, the CONSULTANT shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports, specifications, summaries and other such information, as may have been accumulated by the CONSULTANT in performing this contract, whether completed or in process. E. Upon termination, the local government may take over the work and may award another party a contract to complete the work described in the contract. F. If, after termination for failure of the CONSULTANT to fulfill contractual obligations, it is determined that the CONSULTANT had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price shall be made as provided in paragraph C. above. ARTICLE 14 EQUAL OPPORTUNITY The CONSULTANT warrants that there shall be no discrimination against employees, applicants for employment, those to whom services are rendered and applicants for such services under this Contract because of race, color, age, sex, religion, national origin, place of birth, ancestry, or handicap. During the performance of the function described herein, the CONSULTANT agrees to the following conditions pertaining to the recognition and protection of the civil rights of employees, applicants for employment, those to whom services are rendered and applicants for such services: A. The CONSULTANT will comply with the provisions of Title VI of the Civil Rights Act of 1964, PL. 88-352, as amended and rules and regulations published pursuant thereto, all of which are made a part hereof as if fully incorporated herein; B. The CONSULTANT will comply with the provisions of Presidential Executive Order Number 11246 of September 24, 1965, as amended, Title 3, Code of Federal Regulations, Chapter 4, which is made a part hereof as if fully incorporated herein, the provisions of Section 204 of which Executive .Order must be set forth verbatim, to -wit: During performance of the Contract, the CONSULTANT agrees as follows: 7 0 City of Okeechobee FFY 2000 CDBG — Economic Development Grant Preparation Contract 0 May 26, 2000 (1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, age, sex, religion, national origin, place of birth, ancestry, or handicap. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, age, sex, religion, national origin, place of birth, ancestry, or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notice to provide by the contracting officer setting for the provisions of the non-discrimination clause. (2) The CONSULTANT will, in all solicitation or advertisement for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, age, sex, religion, national origin, place of birth, ancestry, or handicap. (3) The CONSULTANT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or worker's representative of the CONTRACTOR'S commitments under Section 204 of Executive Order Number 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The CONSULTANT will comply with all provisions of Executive Order Number 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (5) The CONSULTANT will furnish all information and reports required by Executive Order Number 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (6) In the event of the CONSULTANT'S non-compliance with the non- discrimination clauses of this contract or with such rules, regulations or order, this contract may be canceled, terminated or suspended in whole 8 City of Okeechobee May 26, 2000 FFY 2000 CDBG — Economic Development Grant Preparation Contract or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order Number 11246, of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order Number 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. (7) The CONSULTANT will include the provisions of Paragraphs one (1) through seven (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued to Section 204 of Executive Order Number 11246 of September 24, 1965, so that such provisions will be binding upon subcontractors or vendors. The CONSULTANT will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance; provided however, that in the event the CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the CONSULTANT may request the United States to enter into such litigation to protect the interest of the United States. (8) The CONSULTANT shall not discriminate in solicitations or advertisements for employees placed by and on behalf of the Contractor or against any employee or applicant for employment because of race, color, age, sex, religion, national origin, place of birth, ancestry, or handicap. ARTICLE 15 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT DEPARTMENT OF COMMUNITY AFFAIRS AUDITS If HUD or DCA finds that any sums received by the CONSULTANT are unreasonable, then those sums shall be refunded by the CONSULTANT to the CITY as required by 24 C.F.R., Section 570.200. CONSULTANT agrees to reimburse the CITY for any funds expended for transactions approved by the CONSULTANT which are disallowed by the DCA due to the CONSULTANT'S negligence, malfeasance, misfeasance or nonfeasance. All records will be made available to the CITY auditors at their request as per pre -audit and post -audit requirements of DCA. E City of Okeechobee • May 26, 2000 FFY 2000 CDBG — Economic Development Grant Preparation Contract ARTICLE 16 SOURCE OF FUNDING The source of payment for the CITY, if there is a fee charged, for this Contract is the funding received through the CDBG program. Any out-of-pocket expenses reimbursable to the CONSULTANT if the grant is not within the fundable range would be paid from CITY funds. ARTICLE 17 INSURANCE A. The CONSULTANT shall not commence work under this Contract until it has obtained all insurance required under this paragraph and such has been approved by the CITY. B. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CITY prior to the commencement of operations. The Certificates shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount, and classifications as required for strict compliance with this paragraph and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Contract. C. The CONSULTANT shall maintain, during the life of this contract, general liability insurance in the amount of $100,000.00 each occurrence and $300,000.00 annual aggregate for bodily injury and or property damage which may arise from any operations under this contract. D. The CONSULTANT shall maintain, during the life of this contract, Standard Professional Liability Insurance in the amount of $100,000.00 each occurrence and $300,000.00 annual aggregate for Bodily Injury and or Property Damage which may arise from any operations under this contract. E. The CONSULTANT shall maintain, during the life of this contract adequate Workman's Compensation Insurance and Employer's Liability Insurance in at least such amounts as are required by the law for all of its employees performing work for the CITY pursuant to this Contract. 10 E City of Okeechobee FFY 2000 CDBG — Economic Development Grant Preparation Contract ARTICLE 18 FEDERAL AND STATE TAX May 26, 2000 The CITY is exempt from Federal Tax and State Tax for Tangible Personal Property. The CITY will sign an exemption certificate submitted by the CONSULTANT. The CONSULTANT shall not be exempted from paying sales tax to its suppliers for material to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be authorized to use the CITY'S Tax Exemption Number in securing such materials. The CONSULTANT shall be responsible for payment of its own FICA and Social Security Taxes. ARTICLE 19 INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify and save harmless the CITY and the State of Florida, Department of Community Affairs, its agents, servants, and employees from and against any and all claims, liability, losses, and/or cause of action which may arise from any negligent act or omission of the CONSULTANT, losses and damages (including but not limited to all fees and charges of the CONSULTANT, Attorney and other professionals in all court or arbitration or other disputes resolution costs) caused solely by the negligent acts or omissions of CONSULTANT or CONSULTANT'S officers, directors, partners, employees, agents and others with respect to this agreement or the PROJECT, its agents, servants, or employees in the performance of services under this Contract. To the fullest extent permitted by law, the CITY shall indemnify and hold harmless CONSULTANT, CONSULTANT'S officers, directors, partners, employees and agents and CONSULTANT'S subcontractors from and against any and all claims, losses and damages (including but not limited to all fees and charges of the CONSULTANT, attorneys and other professionals and all court or arbitration or other professionals and all court or arbitration or other disputes resolution costs) caused solely by the negligent acts or omissions of the CITY or the CITY'S employees, agents and others with respect to this agreement or the PROJECT. In addition to the indemnity provided under this paragraph of this agreement and to the fullest extent permitted by law, the CITY shall indemnify and hold harmless CONSULTANT and its officers, directors, partners, employees, and agents and CONSULTANT'S subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, consultants, architects, attorneys and other professionals and all court costs caused by, arising out 11 City of Okeechobee May 26, 2000 FFY 2000 CDBG — Economic Development Grant Preparation Contract of Asbestos, PCB's, Petroleum, Hazardous Waste, Lead, Lead Based Paint or other material containing lead or Radioactive Material at, on, under or from the PROJECT site. ARTICLE 20 REMEDIES This Contract shall be governed by the laws of the State of Florida. No remedy herein confirmed upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other further exercise thereof. Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the CONSULTANT, arising out of or relating to this contract, or the breach of it, will be decided by arbitration if the parties mutually agree or in a Florida court of competent jurisdiction. ARTICLE 21 INDEPENDENT CONSULTANT RELATIONSHIP The CONSULTANT is, and shall be, in the performance of all work services and activities under this Contract an independent contractor, and not an employee, agent, or servant of the CITY. All persons engaged in any of the work or service performed pursuant to this Contract shall at all times, and in all places, be subject to the CONSULTANT'S sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT'S relationship and the relationship of its employees to the CITY shall be that of an independent contractor and not as employees of the CITY. The CONSULTANT does not have the power or authority to bind the CITY in any promise, agreement or representation other than specifically provided for in the Contract or amendment thereto. 12 City of Okeechobee May 26, 2000 FFY 2000 CDBG — Economic Development Grant Preparation Contract ARTICLE 22 ACCESS TO RECORDS The local government, the Florida Department of Community Affairs, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the CONSULTANT and CITY which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. ARTICLE 23 RETENTION OF RECORDS The CONSULTANT shall retain all records relating to this contract for three (3) years after the local government makes final payment and all other pending matters are closed. ARTICLE 24 SEVERABILITY If any term or provision of this Contract, or the application thereof any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of the Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 25 ENERGY EFFICIENCY The CONSULTANT shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 13 City of Okeechobee • May 26, 2000 FFY 2000 CDBG — Economic Development Grant Preparation Contract ARTICLE 26 CONFLICTS WITH OTHER CLAUSES If this Contract contains any clauses which conflict with the above clauses, then this Contract will be governed by the clause(s) in the other section(s). ARTICLE 27 ENFORCEMENT A. If either party hereto institutes and prevails in any action at law or in equity against the other party based entirely or in part on the terms of this Agreement, said party shall be entitled to recover, in addition to any judgment in its favor, reasonable attorneys' fees, court costs and all of theirrts expense in connection with the litigation. B. This Agreement has been made and accepted in the State of Florida and it shall be interpreted in accordance with, and governed by, the laws of the State of Florida and suit shall be maintained in OKEECHOBEE COUNTY, Florida. 14 City of Okeechobee May 26, 2000 FFY 2000 CDBG — Economic Development Grant Preparation Contract IN WITNESS WHEREOF, the parties have hereunto set their hands and seals: CITY COUNCIL, CRAIG A. SMITH AND ASSOCIATES CITY OF OKEECHOBEE MAYOR G E R. SCHRINER, P.E., PRESIDENT OQ o '0z) DATE DATE ATTESTED BY: ATTESTED BY: WVtYIi e- fQQ rlltr ticiv�- CLERK 8Y COMMISSION 4 CC 76104 • - EXPIRES: August 17, 2002 8wded Thtu Nohry Pubk Undwmft s Seal Seal G:%ADMINISTRATIOMCONTRACrftkyokomhobeeVhf C edbg-ED•PREp.DOC 15 TO: FROM: CITY OF OKEECHOBEE MEMORANDUM Mayor and City Council Bill L. Veach, City Administrator DATE: June 1, 2000 SUBJECT: Status Report Below is a brief summary of past and upcoming events. ADMINISTRATION 1. City Hall Park w The final site plans are complete and the survey is finished. Compilation of contractor specifications for concrete, electrical, and irrigation work has begun. 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. An interlocal agreement with the County, which would permit Sheffield to pursue IRB's is under review. Additionally, consultants are flagging potential wetland areas within the industrial park for examination by SFWMD and the Army Corps of Engineers. 3. OUA/City Workshop - The date for a workshop including the OUA board and the City Council, Administrator, and City Attorney is being worked out. Currently, dates in July and August are being considered. 4. Budget - Worksheets have been prepared and will soon be distributed to each department head. 1 • ADMINISTRATION CONTINUED 5. Change in trash collection billing - We are exploring the possibility of putting City residents and business trash collection billing on the tax bills. 6. 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. 7. Web Page - The Unified Land Development Codes are now online. The web address is www.citvofokeechobee.com/uldc.htm. 8. City Hall Roof - Big Lake Roofing recently repaired the roof tiles on City Hall. 9. Police Station - The City Administrator has discussed with four area contractors potential estimated costs for renovation of the old library. CITY CLERK ) 1. New Employee - Julie Rogers will begin June 2nd, 2. Dispatcher Position - The City is advertising for a dispatcher through June 2nd, 3. 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. 2 • LAND PLANNING I AGENCY BOARD OF ADJUSTMENT The Land Planning Agency will meet June 27, 2000. The Board will tentatively review the following: • A small scale rezoning for the Future Land Use Map for lots 7, 8, 9, 10, and 92, City of Okeechobee 1. Statewide Burn Ban - A statewide burning ban is in effect until further notice. There is to be no burning of any type except for bbq grills. 2. Controlled Burns - The controlled burns of the houses on the 200 block of SE 3rd Street has been postponed until the burn ban has been lifted. The Board of Adjustment will meet on June 27, 2000. The Board will tentatively consider the following: • A Special Exception for lots 1, 2, 3, and adjacent alley in Block 6, Royal Oaks Addition (across 441 from Wal-Mart). It is proposed the houses on the property be torn down and a car wash be built in their place. 3 1-1 PUBLIC WORKS 1. Sidewalk/Street Cut on SW 2nd Avenue - City and OUA engineers are discussing various options regarding the cut. 2. Side mower - Purchase of a new side mower and tractor are in progress. Delivery is expected within the next few months. 3. Street Improvements - After consultation with Lawson, Noble, and Webb, the City Administrator and Public Works Director will present recommendations to the Council during the June 6+h meeting. CODE 1. A Code Board. Meeting will be held June 13th at 7 p.m. in the ENFORCEMENT Council Chambers. The Board will hear the following: • Red Rooster Restaurant - The owner of the Red Rooster Restaurant, Vera Sweet, and a representative of LP Sanitation will both be present to discuss the absence of garbage service at the Red Rooster. 2. Code enforcement is in the process of bringing everyone into compliance with the garbage pickup ordinance. Several letters have been mailed to businesses regarding the absence of garbage pickup at their establishment. In all, 91 business were questioned about their garbage service and 14 businesses reviewed were found to be operating without occupational licenses. 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. 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 was held on may lath. 3. Sprint Telephone Franchise Agreement Renewal - The City Attorney recommends obtaining the legal services of someone specializing in this complex area of law. A proposed agreement has been requested from Sprint. 4. Referendum for Tax Abatement for Economic Development For November ballot. 5. Waste Management regarding proposed changes in the Solid Waste Franchise Agreement - The City Administrator, City Attorney, and Jeff Sabin met on June 2nd. 6. Fire Hydrant Issue with the OUA -- We are looking at potential dates for a combined workshop this summer. 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. The City Attorney recommends obtaining the services of a bankruptcy attorney. 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 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 AA**»r1Qtrator) - Review of job descriptions with Department Beads is underway. 3. Updating required insurance programs, ie: safety, blood born pathogens, drug -free workplace (Chief Torrey & Safety Committee) - Implementation of drug -free workplace & safety policies is currently underway. Training of department heads and most of the City Stab has been completed. 4. Modernize Code Enforcement Policies and Procedures (Chief Tomey & Attorney Cook) 5. Enhanced 911 (City and County Staff) 6. Safety inspection/compliance of Public Works from the Florida Department of Labor Safety and Health Program (Public Works Director) Lone -Term: 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 - This is being addressed in conjunction with the Sheffield proposal. 0