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2003-07-15 RegularCITY OF OKEECHOBEE JULY 15,2003 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION 1. CALL TO ORDER - Mayor: July 15, 2003, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Jim Hudson; Pledge of Allegiance led by Mayor. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Garniotea Deputy Clerk Adriana Berry IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 17, 2003 Regular Meeting. PAGE I OF 18 Mayor Kirk called the Julyl 5, 2003 Regular City Council Meeting to order at 6:00 p.m. Due to the absence of Pastor Hudson, the Invocation was offered by Council Member Watford; Mayor Kirk led the Pledge of Allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Absent Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the June 17, 2003 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KRK - YEA CHANDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JULY 15,2003 - REGULAR MEETING - PAGE 2 OF 18 V. WARRANT REGISTER - City Administrator. A. Motion to approve the June 2003 Warrant Register: Council Member Watford moved to approve the June 2003 Warrant Register in the amounts: General Fund, three hundred forty-nine thousand, four hundred eighty-nine dollars and forty-nine cents (3349,489.49); Capital Improvement General Fund ............................. $349,489.49 Projects Fund (Building), thirty thousand, seven hundred thirty-four dollars and forty-three cents ($30,734.43); Law Capital Improvement Projects Fund (Building) ..... $30,734.43 Enforcement Special Fund, two hundred sixty-two dollars and forty-six cents ($262.46); Debt Service Fund, ninety-nine Law Enforcement Special Fund ................... $262.46 thousand, six hundred eighty-two dollars and forty-eight cents ($99,682.48); seconded by Council Member Markham. Debt Service Fund .......................... $99,682.48 There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral orwithdrawal of items on today's agenda. agenda. 11 There were none. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 111 MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06: P.M. A. 1. a) Motion to read by title only proposed Ordinance No. 826 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 826 regarding the Municipal Police the City Police Department Pension Plan - City Attorney (Exhibit 1). 111 Officers' Pension Trust Fund; seconded by Council Member Markham. b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 570 JULY 15,2003 - REGULAR MEETING - PAGE 3 OF 18 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 826. Attorney Cook read proposed Ordinance No. 826 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS, PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 749; AMENDING SECTION 1, DEFINITIONS, BYAMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS91; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 25, MILITARY SERVICE PRIOR TO EMPLOYMENT; AMENDING SECTION 27, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ADDING SECTION 27, PRIOR POLICE SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 826. 111 Council Member Markham moved to adopt proposed Ordinance No. 826; seconded by Council Member Chandler. b) Public Comments. 11 Mayor Kirk asked whether there were any questions or comments from the public. There were none. Pension Attorney Scott Christiansen was present and briefly discussed with the Council that the next step would be to decide what amount of interest (if any) is to be paid to a participant, should they withdraw their contributions from the Plan, prior to normal retirement. He will seek recommendations from the Pension Board of Trustees (at their next meeting) and bring those back to the Council for consideration and approval. He also noted that the proposed amendments are at no additional cost to the City. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. 1. a) Motion to read by title only, proposed Ordinance No. 827 amending Council MemberWatford moved to read by title only, proposed Ordinance No. 827 amending the Municipal Firefighters' the City Firefighters' Pension Trust Fund - City Attorney (Exhibit 2). 111 Pension Trust Fund; seconded by Council Member Markham. JULY 15,2003 - REGULAR MEETING - PAGE 4 OF 18 571 AGENDA, COUINCIILACTION,- DISCUSSIOlk-NME VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 827. 2. a) Motion to adopt propose Ordinance No. 827. b) Public Comments. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 827 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS, PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE NO. 750; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS"; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 25, MILITARY SERVICE PRIOR TO EMPLOYMENT; AMENDING SECTION 26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ADDING SECTION 27, PRIOR FIRE SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." Council Member Watford moved to adopt proposed Ordinance No. 827; seconded by Council Member Chandler. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Pension Attorney Scott Christiansen was present and briefly discussed with the Council that the next step would be to decide what amount of interest (if any) is to be paid to a participant, should they withdraw their contributions from the Plan, prior to normal retirement. He will seek recommendations from the Pension Board of Trustees (at their next meeting) and bring those back to the Council for consideration and approval. He also noted that the proposed amendments are at no additional cost to the City. 572 JULY 15, 2003 - REGULAR MEETING - PAGE 5 OF 18 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. 1. a) Motion to read by title only, proposed Ordinance No. 828 amending Council Member Watford moved to read by title only, proposed Ordinance No. 828 amending and restating the and restating the Okeechobee Utility Authority and the City of Okeechobee Utility Authority and the City of Okeechobee General Employees' Pension Trust Fund; seconded by Okeechobee General Employees' Pension Trust Fund - City Council Member Markham. Attorney (Exhibit 3). 1 b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 828 by title only. Attorney Cook read proposed Ordinance No. 828 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, 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 EUGIBILITY; 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 A ROSTER OF RETIREES; 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 INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR PURCHASE OF CREDIT JULY 15, 2003 - REGULAR MEETING - PAGE 6 OF 18 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 1. c) City Attorney to read proposed Ordinance No. 828 by title only FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE continued. ROLLOVER DISTRIBUTIONS; PROVIDING FOR RE-EMPLOYMENT AFTER RETIREMENT; PROVIDING FOR THE ADOPTION OF PLAN BY THE OKEECHOBEE UTILITY AUTHORITY; PROVIDING FOR THE PURCHASE OF CREDIT FOR PRIOR GOVERNMENT SERVICE; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING I ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 828. 11 Council Member Markham moved to adopted proposed Ordinance No. 828; seconded by Council Member Chandler. b) Public Comment. N Mayor Kirk asked whether there were any questions or comments from the public. There were none. Pension Attorney Scoff Christiansen was present and briefly discussed with the Council that the next step would be to decide what amount of interest (if any) is to be paid to a participant, should they withdraw their contributions from the Plan, prior to normal retirement. He will seek recommendations from the Pension Board of Trustees (at their next meeting) and bring those back to the Council for consideration and approval. He also noted that the proposed amendments are at no additional cost to the City. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. 1. a) Motion read by title only proposed Ordinance No. 829 regarding a Council Member Watford moved to read by title only proposed Ordinance No. 829 regarding a Future Land Use Map Future Land Use Map amendment, changing the land use amendment, changing the land use designation from Industrial to Commercial located at 702 Southwest 2nd Street; designation from Industrial to Commercial located at 702 Southwest seconded by Council Member Markham. 2nd Street - City Attorney (Exhibit 4). 1 JULY 15,2003 - REGULAR MEETING - PAGE 7 OF 18 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D. 1. b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 829 by title only. Attorney Cook read proposed Ordinance No. 829 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 829. (Land Planning Agency Council Member Markham moved to adopt proposed Ordinance No. 829; seconded by Council Member Williams. recommends approval). I b) Public Comments. 11 Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mr. Jim LaRue, City Planning Consultant advised that Comprehensive Plan Future Land Use Map Amendment Application No. 03-005-SSA, submitted by Tom Conely on behalf of the property owners, Los Dos Compadres, Inc. The property is located at 702 Southwest 2' Street and is approximately 0.9733 acres of unplatted lands. The request is to change the Future Land Use designation from Industrial to Commercial, which would be necessary to bring the property into consistency with expected future use. While there are apparent code deficiencies with the existing structure and lack of paved parking, it can be argued that the size of the property and other compatibility issues with surrounding uses would still favor a change from Industrial to Commercial. Development approval issues will be addressed and resolved during Site Plan Review by the Technical Review Committee. Planning Staff recommends approval based on the following data and analysis: The property, with map amendment, would be consistent with the Land Use Categories and Plan Policies, since there is an adjoining furniture store that currently has a commercial designation. Adequate Public Facilities could be met with the Okeechobee Utility Authority supplying water and wastewater. Traffic ingress and egress would have to be more appropriately established during Site Plan Development. The proposed use would be compatible with adjacent and nearby land uses, property to the North is Morgans Furniture, to the East is vacant with a Commercial Land Use designation. The property to the South is Ferrell Gas Co. To the West is vacant with a Single Family Future Land Use designation and Industrial Zoning. JULY 15, 2003 - REGULAR MEETING - PAGE 8 OF 18 575 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D. 2. b) Public Comments. The gas company to the South lend themselves to Commercial rather than Industrial type businesses. Commercial 11 standards specified in the Comprehensive Plan could be appropriate for this property. The Land Planning Agency considered the application at the June 24, 2003 meeting and voted unanimously to recommend approval. There was a brief discussion between the Council and Mr. LaRue regarding the existing structure. The consensus was that a Commercial land designation was better for the City. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. 1. a) Motion to read by title only proposed Ordinance No. 830 regarding a Council Member Watford moved to read by title only proposed Ordinance No. 830 regarding a Future Land Use Map Future Land Use Map amendment, changing the designation from amendment, changing the designation from Single Family to Multi -Family located within the 200 Block of Northeast Single Family to Multi -Family located within the 200 Block of 11 th Street and 12th Street; seconded by Council Member Markham. Northeast 11 th Street and 12th Street - City Attorney (Exhibit 5). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA I MOTION CARRIED. 1. c) City Attorney to read proposed Ordinance No. 830 by title only. Attorney Cook read proposed Ordinance No. 830 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE I DATE." 576 JULY 15, 2003 - REGULAR MEETING - PAGE 9 OF 18 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. E. 2. a) Motion to adopt Ordinance No. 830. (Land Planning Agency Council Member Markham moved to adopt proposed Ordinance No. 830; seconded by Council Member Chandler recommends approval). I b) Public Comments. M Mayor Kirk asked whether there were any questions or comments from the public. There were none. Planning Consultant LaRue presented Comprehensive Plan Future Land Use Map Amendment Application No. 03- 006-SSA, submitted by Mark Goodbread on behalf of the property owner, Gagbee, Inc., George Goodbread, President. The property is located between Northeast 11 ' and 12' Streets and is approximately 3.5 acres. Legal description being Lots 1 through 7 and 20 through 26 of Block 18 CITY OF OKEECHOBEE. The request is to change the Future Land Use designation from Residential Single Family to Residential Multi -Family. The subject property is vacant and situated approximately 200 feet East of North Parrott Avenue (US Highway 441). The current zoning on Lots 7 and 20 are Multiple Family with the remaining being in Holding. A rezoning application will follow if the Future Land Use is approved. If developed, the property could have approximately thirty-five dwelling units on site. Planning Staff recommends approval based on the following data and analysis: This property, with its location and because of its size, could be considered to be consistent with the Land Use Categories and Plan Policies. Concurrency issues would have to be resolved and a preliminary traffic impact analysis should be taken to demonstrate that traffic impacts of Multi -Family nature can be accommodated at this location. Adequate Public Facilities could be met with the Okeechobee Utility Authority providing water and wastewater. Northeast 1 P and 12 Streets would have to be developed (paved) with other developer responsibility regarding infrastructure to be constructed prior to development. The proposed use would be compatible with adjacent and nearby land uses, the property is located directly behind a busy arterial with adequate access to that thoroughfare. There are also potential buffering opportunities because of the large size of this parcel. Additionally, compatibility for Multi -Family use within this neighborhood is achievable because several of the surrounding properties that are vacant, to the North and East. The property to the South has existing duplexes and to the West is a Single Family residence. Specific standards of the Comprehensive Plan would be met if this property were to become Residential Multi -Family. The Land Planning Agency considered the application at the June 24, 2003 meeting and voted unanimously to recommend approval. There was a brief discussion between the Council and Mr. LaRue. Clerk Gamiotea advised the legal description was incorrect in the ordinance. It read Lots 1 through 7 and 10 through 26 of Block 18 and should read Lots 1 through 7 and 20 through 26 of Block 18. Council Member Watford moved to amend the original motion correcting the legal description to read Lots I through 7 and 20 through 26 of Block 18 CITY OF OKEECHOBEE; seconded by Council Member Williams. V11. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. E. 2. c) Vote on motion. VOTE ON ROTION To AMEND KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED TO AMEND. VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED As AMENDED. JULY 15,2003 - REGULAR MEETING - P 577 ------- � AGE 10 OF 18 F. 1. a) Motion to read by title only proposed Ordinance No. 831 regarding a Council Member Watford moved to read by title only, Proposed Ordinance No. 831 regarding a Future Land Use Map Future Land Use Map amendment, changing the designation from amendment, changing the designation from Single Family to Multi -Family located within the 400 Block Of Southeast Single Family to Multi -Family located within the 400 Block of 5th Street; seconded by Council Member Chandler. Southeast 5th Street - City Attorney (Exhibit 6). 1 b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - ABSTAINED (A COMPLETED FORM 8B MEMORANDUM OF VOTING CONFLICT IS ON FILE IN THE CLERK'S OFFICE) WATFORD " YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 831 by title only. Attorney Cook read proposed Ordinance No. 831 by tide only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECH013EE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.11 578 JULY 15,2003 - REGULAR MEETING - PAGE 11 OF 18 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. F. 2. a) Motion to adopt Ordinance No. 831. (Land Planning Agency Council Member Chandler moved to adopt proposed Ordinance No. 831; seconded by Council Member Watford. recommends approval). Mayor Kirk asked whether there were any questions or comments from the public. There were none. b) Public Comments. Planning Consultant LaRue presented Comprehensive Plan Future Land Use Map Amendment Application No. 03- 007-SSA, submitted by Bud and Ami Neese on behalf of the property owner, 4-13, Inc. The property is located at Southeast 5' Street and is approximately 0.705 acres. Legal description being the East one-half of Lot 20, Lots 21 through 24 of Block D, CENTRAL PARK. The request is to change the Future Land Use designation from Residential Single Family to Residential Multi -Family. The subject property is vacant. The current zoning is Multiple Family. If developed, the property could have approximately seven dwelling units on site. Planning Staff recommends denial based on the following data and analysis: In regards to being consistent with the Land Use Categories and Plan Policies, the subject property would seem to be more consistent by remaining in the Single Family classification and have development limited to single family residences. The Okeechobee Utility Authority has water and wastewater available for this site. However, the transportation impacts would seem to be substantial as the residential streets are narrow, especially 6�'Avenue therefore the area does not have adequate Public Facilities at this time. The existing neighborhood seems to reflect a low level of residential intensity with a duplex of conventional construction to the West of this property and Single Family mobile homes immediately to the South and East. Residential Multi - Family apartments would be inconsistent with the existing pattern of the neighborhood. There is no evidence presented to how this property in terms of infrastructure capacity and compatibility would be best served by changing the designation to Multi -Family. The surrounding area has a less intense density than a Multi -Family neighborhood. Apartments would be out of place in this area, problems of parking and general traffic conditions would be magnified by the narrow streets. The Land Planning Agency considered the application at the June 24, 2003 meeting and voted unanimously to recommend approval. There was a brief discussion between the Council and Mr. LaRue regarding the existing use of the surrounding property and that it is not consistent with the current Zoning or Land Use. Mr. LaRue advised this is another one of those areas that needs to be reviewed closely when the next Evaluation Appraisal Report (EAR) is complied for the Comprehensive Plan. JULY 15, 2003 - REGULAR MEETING - PAGE 12 OF 18 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. F. 2. c) Vote on motion. CLOSE PUBLIC HEARING. - Mayor. VIII. NEW BUSINESS. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - ABSTAINED (A COMPLETED FORM 8B MEMORANDUM OF VOTING CONFLICT IS ON FILE IN THE CLERK'S OFFICE) WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Markham abstained from voting due to his employment with Culbreth Real Estate. The land transaction for this property was conducted by a representative in the firm of which he is the Office Manager. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:45 P.M. A. 1. a) Motion to read by title only and set August 19, 2003 as a public Council Member Watford moved to read by title only and set August 19, 2003 as a public hearing date for proposed hearing date for proposed Ordinance No. 832 regarding Street and Ordinance No. 832 regarding Street and Alley Closing Application No. 69 submitted by Okeechobee County; seconded Alley Closing Application No. 69 submitted by Okeechobee County - by Council Member Chandler. City Attorney (Exhibit 7). b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 832 by title only. Attorney Cook read proposed Ordinance No. 832 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS, ALLEYWAYS OR STREETS LOCATED IN BLOCKS 128,135AND A PORTION OF NORTHWEST 3RDSTREET, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 580 JULY 15, 2003 - REGULAR MEETING - PAGE 13 OF1 8 Vill. NEW BUSINESS CONTINUED. A. 2. a) Motion to approve the first reading of Ordinance No. 832. b) Discussion. c) Vote on motion. B. Consider the widening and paving of Northeast 6th Street - Joe Mullins. Council Member Markham moved to approve the first reading of Ordinance No. 832; seconded by Council Member Williams. There was no discussion regarding this item at this time. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mr. Joe Mullins, President of Big Lake National Bank presented the Council with an excerpt of the City map, of Block 90, CITY OF OKEECHOBEE and surrounding areas. Big Lake is proposing to build a bank branch on Block 90. Various streets in the area (Northeast 5"for example) are very wide streets with on -street parking and turning lanes. He requested that the Council consider adding one block of Northwest 6�'Street to the Street Improvement list and widen that portion of that street while the proposed bank branch is also under construction (late spring, early summer 2004). Following a brief discussion, Council instructed Staff to research the costs to widen the street as reguest by Mr. Mullins and bring the information backtothe Council for further consideration. Big Lake's engineer(Jeff Sumner) agreed to work with the City Engineer to compile this information. C. Motion to adopt Resolution No. 03-7 regarding requirements of the Council Member Watford moved to adopt proposed Resolution No. 03-7 regarding requirements of the Rural Rural Infrastructure Fund (RIF) Grant pertaining to the Industrial Infrastructure Fund (RIF) Grant pertaining to the Industrial Park; seconded by Council Member Williams. There was Park - City Attorney (Exhibit 8). 1 a brief discussion on this item. Attorney Cook read proposed Resolution No. 03-7 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO THE REQUIREMENTS OF THE RURAL INFRASTRUCTURE GRANT FOR CONSTRUCTION OF THE INFRASTRUCTURE OF A NEW COMMERCE CENTER." JULY 15, 2003 - REGULAR MEETING - PAGE 14 OF 18 mi VIII. NEW BUSINESS CONTINUED. C. Motion to adopt Resolution No. 03-7 regarding requirements of the VOTE Rural Infrastructure Fund (RIF) Grant pertaining to the Industrial KIRK - YEA Park continued. CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Motion to approve a proposed Interlocal Agreement between the Council Member Watford moved to approve a proposed Interlocal Agreement between the City of Okeechobee, City of Okeechobee, Okeechobee County and Okeechobee County Okeechobee County and Okeechobee County School Board regarding Public School Facility Planning; seconded by School Board regarding Public School Facility Planning - City Council Member Williams. There was a brief discussion on this item. Administrator (Exhibit 9). 1 Lysho KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Motion to approve a proposed Interlocal Agreement between the Council Member Watford moved to approve a proposed Interlocal Agreement between the City of Okeechobee and City of Okeechobee and Okeechobee County regarding the Okeechobee County regarding the Construction Licensing Board and related code enforcement issues; seconded by Construction Licensing Board and related code enforcement issues Council Member Williams. - City Administrator (Exhibit 10). Attorney Cook noted that a stipulation to this agreement becoming effective is to amend Cily Ordinance No. 660. This amendment will be brought back to the Council for consideration. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 582 JULY 15,2003 - REGULAR MEETING - PAGE 15 OF18 Vill. NEW BUSINESS CONTINUED. F. G. H. Discussion pertaining to insurance requirements for events in the park - City Administrator. Consider a personnel manual change related to nepotism - City Attorney (Exhibit 11). Administrator Veach explained that the City currently has a policy to require a $1 million liability insurance rider to use the parks for festivals, events and other uses by non-profit, charitable organizations. However, the Staff has received several requests for use the newly developed "City Hall" park for smaller events. The liability insurance requirement has created this to be non -feasible for the smaller groups/events. Staff is asking the Council to waive the insurance requirement for the smaller groups. Council agreed to waiving the liabili1y insurance reguirements for groups expgcting one hundred or less people in attendance. Attorney Cook advised that the City's Personnel Policy and Procedures handlawkstates that our family employment restrictions coincides with State Statues. However, they are different in their definition and restriction as follows: The City's policy states that no two members of the same family may be employed in the same department, either on regular or temporary basis, (this appears to include unpaid and volunteer positions). The State Statutes (112.3135) defines "public official" as that employee who is vested by the City with the authority to appoint, employ, promote or advance individuals in their respective department. The statute specifically sets out its policy as being: A public official may not appoint, employee, promote, advance or advocate for such, an individual, to a position in which the public official is serving, or over which the public official exercises jurisdiction or control, of any individual who is a relative of the public official. This section excludes appointment to boards, except zoning and land use boards, and also excludes volunteers. Therefore, the language in the statute prohibits the official who has the ability to hire, fire, promote, etc., from employing under him or her, a relative of that official. Staff is recommending that the policy be amended to match that of the State Statute, which would more liberally permit relatives, whether hired or volunteer, to work in the same department, so long as they were not relatives of the public official. Council agreed with the proposed amendment. Attorney Cook stated that an ordinance will need to be drafted. However, the h"bwy, is adopted by the Cily Council and will be brought back to them for official action by motion- Motion to approve advertising a 20.46% increase over the roll back Council Member Chandler moved to approve advertising a 20.46 percent increase over the roll back rate for property rate for property tax - City Administrator. 11.tax; seconded by Council Member Williams. There was a brief discussion on this item. JULY 15,2003 - REGULAR MEETING - PAGE 16 OF 18 583 Vill. NEW BUSINESS CONTINUED. 1.4 i Motion to approve advertising a 20.46% increase over the roll back VOTE rate for property tax continued. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Motion to set the 2003/2004 Fiscal Year Budget Public Hearing Council MemberChandler moved to set the 2003/2004 Fiscal Year Budget First Public Hearing for Monday, September dates and time - (Exhibit 12). 8, 2003 at 5:01 p.m. and the Final Public Hearing for Friday, September 19, 2003 at 5:01 p.m; seconded by Council I Member Watford. Council also agreed to postpone the Tuesday, September 2,2003 Regular Cily Council Meeting to immediately follow the First Budget Hearing set for September 8. The September 16, 2003 Regular meeting will remain scheduled as usual. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Discuss setting dates and times for the 2003/2004 Fiscal Year Council Member Chandler moved to schedule the 2003/2004 Fiscal Year Budget Workshops for Tuesday, August 19, Budget Workshops - (Exhibit 13). 2003 immediately following the regular scheduled City Council Meeting; and if needed, a second workshop for I Tuesday, August 26, 2003 at 5:00 p.rn; seconded by Council Member Watford. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 584 JULY 15,2003 - REGULAR MEETING - PAGE 17 OF 18 Vill. NEW BUSINESS CONTINUED. K. Consider a step pay plan proposal - City Administrator (Exhibit 14). Atthe February 18,2003 City Council Meeting, Council instructed Administrator Veach, with assistance from and Clerk Gamiotea to research various types of pay plans that the City could use to replace the current single salary pay plan. Administrator Veach presented a Step Pay Plan for all employees and is outlined in Exhibit Fourteen. The plan would allow for probationary pay (one thousand dollars less than starting salary); a starting salary and a ten year projection using 1.5 percent increases available for each position, that would be given at the employee's anniversary date with at least a score of 2.0 on their annual evaluation. The proposal incorporates the current longevity bonus that employee's are eligible for after three years of service and makes it part of their annual salary. If the plan goes into effect these longevity bonuses will no longer be provided. However, they would receive a 1.5 percent increase to their salary with an acceptable annual evaluation. The twenty, twenty-five, thirty, thirty-five and forty year service bonuses set by ordinance would remain in place. Council also noted that the Secretary/Receptionist position was extremely below the Florida League of Cities minimum benchmark and will consider adjusting that position during the budget process. Council agreed with the concept of the plan and instructed Staff to bring back to the Council, at the budget workshop, what the cost would be to implement this plan. Council thanked Administrator Veach and Clerk Gamiotea for their hard work and efforts on this proposal. L. Discuss annual evaluation for the City Administrator - Mayor. Mayor Kirk collected all the Annual Evaluation Score Sheets from the Council and announced that Administrator Veach received two Outstanding Evaluations and three Above Satisfactory Evaluations. Mayor Kirk went on to state Mr. Veach has done a very good job for the City and the Council, the Council is kept well informed, communication is one of his strengths and he appreciated all thatMr. Veach has done. Council Member Williams stated that he echoed the Mayor's comments. Council Member Markham added that the City Staff appears to be working together better as a whole, which is a reflection of his good leadership ability. Mr. Veach thanked the Council for their kind remarks, and commented that he is only as good as the staff and appreciated everyone and their willingness to work together. 585 JULY 15,2003 - REGULAR MEETING - PAGE 18 OF 18 IX. ADJOURN MEETING - Mayor. Please take notice and be advised that if a person decides to appeal any decision made by the City Council with respect to any matfer considered at this meeting, helshe may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. James E. Kirk, Mayor ATTEST: Lane Garniotea,tity Clerk There being no further items on the agenda, Mayor Kirk adjourned the July 15, 2003 meet at 8:35 p.m. AFFIDAVIT OF PU JSHE en ;NCIC G NOTICE OKEECHOBEE TMES : 14o,ICE IS HEREBY GIVEN dot the City of I Okeechobee City Couna win meet in 106 S.E. 5th St., Okeechobee, FL 34974 Regular Session on Tuesday. July 11% 2003. 6:00 pin., 55 SE 3rd Ave., Rm 200, O= The public is inviled and (863) 763-7283 encouraged to attend. For a copy ofthe agenda contact City Administration at (963) 7013-337� Published Weekly x 21 ' 2. PLEASE TAKE NOT . ICE AND BE ADVISED that if any pmon desires to ap- pew any decision made by the City Comicil STATE OF FLORIDA with respect to my Matta considered at this COUNTY OF OKEECHOBEE: Meeting, such'interested pawn will need a record of the proceedings, and for such P111- pose may need to ensure a verbatim record of the proceedings is made, which record in- Before the undersigned authority personally appeared J.W. clud., the testimony and evidence upon which the appeal is to be based. Tapes we used for Owens who on oath says that he is publisher of the Okeechobee Times, the sole purpose of back-up for the Cleties a newspaper published weekly at Okeechobee in Okeechobee, Florida: office. In accordance with the Amencims with Disabilities Act (ADA) and Florida Statute, 286.26, persons with disabilities needing sPe- that the attached copy of advertisement, ciat accommodation to Participate in this PM - ceeding should contact Lane Garniotea, no being a P1 IRI IC MC)TICt: PC) gi later than two (2) working days prici to the if in the matter of CITY COI, JNCII MEETING NOTICE proceeding at 863-761-3372 x 214; You ane hearing or voice impaired, call TDD 1-8W CITY OF OKEECHOBEE 222--U48 (voice) of 1-888-447-5620 9YY)- by: LANE GAMIOTEA. CRY Clerk 55 SE THIRD AVENUE PUBLISH 07110/2003 OKEECHOBEETIMFS OKEECHOBEE, FL 34974-2932 ------------ — - — — — — — -------- — ------- 941-763-3372 In the Court, was published in said newspaper in the issues of 07./lO.12003 Affiant further says that the said Okeechobee Times is a newspaper J published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly 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 he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 1. W. Owens, (Pu4sher) Sworn to and subscribed before me d v Q; A-0- 2 M,3 'J (SEAL) Notary, MISSM EXPOM OF F1- JUNE 25,20" CITY OF OKEECHOBEE -July 15,2003 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I 1. CALL TO ORDER - Mayor: 11. OPENING CEREMONIES: Invocation given by P Pledq of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Deputy Clerk Adriana Berry IV. MINUTES - City Clerk. PAGE -1 - Meeti .-ftesent Absent V A. Council Member moved to dispense with the reading and approve the Summ , of Council Action for the June 17, 2003 Regular Meeting; seconded by Council Member VOTE YEA ABSTAIN ABSENT NAY KIRK ,7 CHANDLER MARKHAM WATFORD WILLIAMS MOTION DENIED V. WARRANT REGISTER - City Administrator A. Council Member 4zT)_�� moved to approve the June ' 2003 Warrant Register in the amounts: General Fund three hundred forty-nine thousand, four hundred eighty-nine dollars and forty-nine cents ($349,489.49), Capital Improvements Projects Fund (Building) thirty thousand, seven hundred thirty-four dollars and forty-three cents ($30,734.43), Law Enforcement Special Fund, two hunrredsi)(v-vo-ao- Fiars and forty-six centsNr6ebt Service Fund, ninety-nine thousand, six hundred eighty-two dollars and forty-eight cents ($99,682.48); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTIONZ!�:RI:ED�-, DENIED VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE -2- p.m. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor at A. 1. a) Council Member moved to read by title only proposed Ordinance No. 826 amending the @KT,-Police 'tt" pl t Pension Plan - City Attorney (Exhibit 1); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK C!HANDLER MARKHAM L/ WATFORD L/ WILLIAMS MOTION DENIED City Attorney to read proposed Ordinance No. 826 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 749; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS"; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 25, MILITARY SERVICE PRIOR TO EMPLOYMENT; AMENDING SECTION 27, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ADDING SECTION 27, PRIOR POLICE SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 2,a) Council Member QT) moved to adopt Ordinance No. 826; seconded by Council Member b) Public Comments. ko �k- 04k, ()V- Vzo pj� �4 4,0 �v c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION �A�RRIED ~ ENIED \ PAGE -3- B.I.a) Council Member moved to read by title only proposed Ordinance No. 827 amending 0 IN, 1) th e C ity Fi refi g hters' Pen s i o n Trust F u n d - C ity Atto m ey (Ex h i b it 2) r, '—Ij (A b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTIOR:��~ DENIED c) City Attorney to read proposed Ordinance No. 827 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE NO. 750-P AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS"; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 25, MILITARY SERVICE PRIOR TO EMPLOYMENT; AMENDING SECTION 26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ADDING SECTION 27, PRIOR FIRE SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." b. 2. a) Council Member moved to adopt Ordinance No. 827; seconded by Council Member b) PublicComments. (-j 11 ,--� c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK tl-" CHANDLER L/ i MARKHAM L11 WATFORD WILLIAMS *P-1 MOTIOW� �RIED - DENIED PAGE -4- C.1.a) Council Member moved to read by title only proposed Ordinance No. 828 amending and restating the Okeechobee Utility Authority and the City of Okeechobee General Employees' Pension Trust Fund - City Attorney (Exhibit 3); seconded by Council Member OAk — b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KiRK L/ CHANDLER MARKHAM LZ WATFORD VVILLIAMS MOTION� DENIED c) City Attorney to read proposed Ordinance No. 828 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, 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 A ROSTER OF RETIREES; 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 NOWASSIGNABILITY; PROVIDING FOR PENSION VALIDITY; PROVIDING FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR RE-EMPLOYMENT AFTER RETIREMENT; PROVIDING FOR THE ADOPTION OF PLAN BY THE OKEECHOBEE UTILITY AUTHORITY; PROVIDING FOR THE PURCHASE OF CREDIT FOR PRIOR GOVERNMENT SERVICE; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 2. a) Co ember Ln moved to adopt Ordinance No. 828; seconded by Council Member b) PublicComments. �cnc_, I Ut - t c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTIOhCCA�RRIED — DENIED PAGE -5- D.I.a) Council Member moved to read by title only proposed Ordinance No. 829 regarding a Future Land Use Map amendment, changing the land use designation from Industrial to Commercial located at 702 Southwest 2nd Street - City Attorney (Exhibit 4); seconded by Council W-, bo�, Member Lif� b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION ARRI��,— DENIED C) City Attorney to read proposed Ordinance No. 829 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Council Member � D/-) moved to adopt Ordinance No. 829. (Land Planning Agency recommends approval); seconded by Council Member ("�� b) Public Comments. P 4 p -A �ccu (xj -i"U4 jio 'Y)l klj Lt4-.-, t,,c Lk n), (Vvd tp (tu 0-7(, jclu—ict %�-(Utj�63,cy Veu /61 *P L�j i J-6 f U (PVC," 1�4 C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK I -,-- CHANDLER MARKHAM WATFORD WILLIAMS MOTION ��AR�RIE DENIED PAGE -7- F.1.a) Council Member moved to read by title only proposed Ordinance No. 831 regarding a Future Land Use Map amendment, changing the designation from _��F�ari�ily to Multi -Family located within the 400 Block of Southeast 5th Street - City Attorney (Exhibit 6); seco�_ded by Council Member � Z_ I/ . b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION CARRIED — DENIED c) City Attorney to read proposed Ordinance No. 831 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2.a) CouncilMember KL moved to adopt Ordinance No. 83,,1. (Land Planning Agency recommends approval); seconded by Council Member Qj,�_2 b) Public Comments. cc CdCU� -OLO-4m JW6 (v 4- 1)(", VaS-w - t6w& a� da, J a wd uA C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK L__ q CHANDLER Illy, t, MARKHAM WATFORD WILLIAMS D -* DENIED M 0 T 10 N (�j�iAX_kffl E 6"� CLOSE PUBLIC HEARING. - Mayor �_ J-b P.M. PAGE -6- E.11.a) Council Member moved to read by title only proposed Ordinance No. 830 regarding a Future Land Use Map amendment, changing the designation from S le E y to Multi -Family -ing— ?-MJ located within the 200 Block of Northeast 11 th Street and 12th Street - City Attorney (9x_h_i_6i_t__5); seconded by Council Member- Lff) b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK 0 HANDLER MARKHAM WATFORD WILLIAMS MOTION �ARRIE - DENIED c) City Attorney to read proposed Ordinance No. 830 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Council Member moved to adopt Ordinance No. 830. (Land Planning Agency recommends approval); seconded by Council Member b) Publiq Comments. , IUkt O_C)LtLc� i�x �,U144U-0 L,-/ LCIVId L121k _�Y6 (%kU 't C, 0 Cc L/ X--), 6y P10 14 �j A iAj 6 ck tLq V1 L 14 b_"-ZJ 14"11 4 br C) Vote on motion. (t C( VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS DENIED MOTION PAGE -8- Vill. NEW BUSINESS - Mayor. A.1.a) Council Member moved to read by title only and set August 19, 2003 as a public hearing date for proposed Ordinance No. 832 regarding Street and Alley Closing Application No. 69 s bmitted by Okeechobee County - City Attorney (Exhibit 7); seconded by Council Member k ,$-11-n`1 . b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK L/ CHANDLER MARKHAM WATFORD WILLIAMS MOTION �ARRIEV — DENIED 1--� d) City Attorney to read proposed Ordinance No. 832 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS, ALLEYWAYS OR STREETS LOCATED IN BLOCKS 128,135 AND A PORTION OF NORTHWEST 3RDSTREET, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOKS, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Council Member L"A moved to approve the first reading of Ordinance No. 832; seconded by Council Member b) Discussion. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT Vlow L-- CHANDLER MARKHAM WATFORD WILLIAMS MOTION (I- "RR DENIED ,,�\\R;? B. Consider the widening and paving of Northeast 6th Street - Joe Mullins. LLq! '-L 7 C) fj--o �, I , �-IZA �jL D10 Ca r U- L't, V. YI: Lb F(� t?i PAGE -9- "At 47c, (3-r- vt VIC j�- "L4 r ul- ar PAGE -10- C. Council Member moved to adopt Resolution No. 03-7 regarding requirements of the Rural Infrastructure Fund (RIF) Gran ertaining to the Industrial Park - City Attorney (Exhibit 8); seconded by Council Membe, Attorney Cook read Res. No. 03-7 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO THE REQUIREMENTS OF THE RURAL INFRASTRUCTURE GRANT FOR CONSTRUCTION OF THE INFRASTRUCTURE OF A NEW COMMERCE CENTER.W 1"A ko-L LV-' VOTE YEA NAY ABSTAIN ABSENT KIRK L/ CHANDLER MARKHAM i WATFORD WILLIAMS MOTI011f �CARRI — DENIED D'. Council Member moved to approve a proposed Interlocal Agreement between the City of Okeechobee, Okeechobee County and Okeechobee County School Board regarding Public School Facility Planning - City Administrator (Exhibit 9); seconded by Council Member VOTE KIRK CHANDLER MARKHAM WATFORD WILLIAMS YEA NAY ABSTAIN ABSENT I MOTION V A IE DENIED PAGE -11 - E. Council Member t1AC moved to approve a proposed Interlocal Agreement between the City of Okeechobee and Okeechobee County regarding the Construction Licensing Board and related code rforcement issues - City Administrator (Exhibit 10); seconded by Council Member — �k�6 c VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION (��I — DENIED 7 F. PAGE -12- Discussion pertaining to insurance requirements for events in the park - City Administrator. o_- fk� L) V a ,.rjau L -C�, "J 4� Vt Olt- kA Vik G. Consider a personnel manual change related to nepotism - City Attorney (Exhibit 11). kal bu (k �Sk k- k_� 'j, PAGE -13- PAGE -14- H. Council Member moved to approve advertising a 20.46% increase over the roll back rate for property tax - City Administrator; seconded by Council Member - L C! Rai�,J, rr, A "I Iko �a 1Z 14 VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS DENIED MOTION I �E I Council Member Q , moved to set the 2003/2004 Fispal Year Budget Public Hearing dates and time - (Exhibit 12); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION �A� — DENIED J. Discuss setting dates and times for the 2003/2004 Fiscal Year Budget Workshops - (Exhibit 13). 0 . r �, -,, ,� I . , �-) K. Consider a step pay plan proposal - City Administrator (Exhibit 14). J-NA PAGE -15- PAGE -16- L. Discuss annual evaluation for the City Administrator - Mayor. )j� 1. II. IV. CALL TO ORDER - Mayor: OPENING CEREMONIES: CITY OF OKEECHOBEE JULY 159 2003 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA July 15, 2003, City Council Regular Meeting, 6:00 p.m. Invocation given by Pastor Jim Hudson. 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 Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea, Deputy Clerk Adriana Berry MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 17, 2003 Regular Meeting. PAGE 1 OF 6 JULY 15.2003 - CITY COUNCIL AGENDA - PAGE 2 OF 6 V. WARRANT REGISTER - City Administrator. A. Motion to approve the June 2003 Warrant Register. General Fund $349,489.49 Capital Projects (Bldg.) $30,734.43 Law Enforcement Special Fund $262.46 Debt Service Fund $99,682.48 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.La) Motion to read by title only proposed Ordinance No. 826 amending the City Police Department Pension Plan - City Attorney (Exhibit 1). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 826. 2.a) Motion to adopt Ordinance No. 826. b) Public Comments. C) Vote on motion. B.I.a) Motion to read by title only proposed Ordinance No. 827 amending the City Firefighters' Pension Trust Fund - City Attorney (Exhibit 2). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 827. JULY 15.2003 - CITY COUNCIL AGENDA - PAGE 3 OF 6 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED - Mayor. B.2.a) Motion to adopt Ordinance No. 827. b) Public Comments. C) Vote on motion. C.La) Motion to read by title only proposed Ordinance No. 828 amending and restating the Okeechobee Utility Authority and the City of Okeechobee General Employees' Pension Trust Fund - City Attorney (Exhibit 3). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 828. 2.a) Motion to adopt Ordinance No. 828. b) Public Comments. C) Vote on motion. D.La) Motion to read by title only proposed Ordinance No. 829 regarding a Future Land Use Map amendment, changing the land use designation from Industrial to Commercial located at 702 Southwest 2d Street - City Attorney (Exhibit 4). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 829. 2.a) Motion to adopt Ordinance No. 829. (Land Planning Agency recommends approval) b) Public Comments. C) Vote on motion. JULY 15,2003 - CITY COUNCIL AGENDA - PAGE 4 OF 6 VIL PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED - Mayor. E.I.a) Motion to read by title only proposed Ordinance No. 830 regarding a Future Land Use Map amendment, changing the designation from Single Family to Multi -Family located within the 200 Block of Northeast I I th Street and 12' Street - City Attorney (Exhibit 5). b) Vote on motion to read by title only. City Attorney to read proposed Ordinance No. 830. 2.a) Motion to adopt Ordinance No. 830. (Land Planning Agency recommends approval) b) Public Comments. C) Vote on motion. F.La) Motion to read by title only proposed Ordinance No. 831 regarding a Future Land Use Map amendment, changing the designation from Single Family to Multi -Family located within the 400 Block of Southeast 5' Street - City Attorney (Exhibit 6). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 83 1. 2.a) Motion to adopt Ordinance No. 83 1. (Land Planning Agency recommends approval) b) Public Comments. C) Vote on motion. CLOSE PUBLIC HEARING. JULY 2003 - CITY COUNCIL AGENDA - PAGE 5 OF 6 VIII. NEW BUSINESS - Mayor. A.1.a) Motion to read by title only and set August 19, 2003 as a public hearing date for proposed Ordinance No. 832 regarding Street and Alley Closing Application No. 69 submitted by Okeechobee County - City Attorney (Exhibit 7). b) Vote on motion to read by title only and set public hearing date. C) City Attorney to read proposed Ordinance No. 832. 2.a) Motion to approve the first reading of Ordinance No. 832. b) Discussion. C) Vote on motion. B. Consider the widening and paving of Northeast 6' Street - Joe Mullins. C. Motion to adopt Resolution No. 03-7 regarding requirements ofthe Rural Infrastructure Fund (RIF) Grant pertaining to the Industrial Park - City Attorney (Exhibit 8). D. Motion to approve a proposed Interlocal Agreement between the City of Okeechobee, Okeechobee County and Okeechobee County School Board regarding Public School Facility Planning - City Administrator (Exhibit 9). E. Motion to approve a proposed Interlocal Agreement between the City of Okeechobee and Okeechobee County regarding the Construction Licensing Board and related code enforcement issues - City Administrator (Exhibit 10). F. Discussion pertaining to insurance requirements for events in the park - City Administrator. G. Consider a personnel manual change related to nepotism - City Attorney (Exhibit 11). JULY 15,2003 - CITY COUNCIL AGENDA - PAGE 6 OF 6 VIII. NEW BUSINESS CONTINUED - Mayor. H. Motion to approve advertising a 20.46% increase over the roll back rate for property tax - City Administrator. 1. Motion to set the 2003/2004 Fiscal Year Budget Public Hearing dates and time - (Exhibit 12). J. Discuss setting dates and times for the 2003/2004 Fiscal Year Budget Workshops - (Exhibit 13). K. Consider a step pay plan proposal - City Administrator (Exhibit 14). L. Discuss annual evaluation for the City Administrator - Mayor. IX ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. The 0,_,.�echobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, L)eing a % 1� in the matter 9f in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida was publi he r in the issues ,_Vn said newspape of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adv rt' ment for publication in the said newspaper. j_7 me this PS7 dayof,& A.D. 20 64� Notary Public, State of FlW A! :1.— Alinni,ic tl,iitlii�t, hw, ,Publi Notice 5005 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PL[A�F TAKF NOTICE. that IhP ON Cotincitof the City of 01,pechobpe I londa ivill on Tuesday. July 1 b �003: at G 00 v in at a7, �,)on therf"Iltel possible at City Hall 55 St 3td Avpnue. O�R,,rhobee FL conduct a PUBLIC H[APING on atid the lealler comidef linal ri�,ad- [w) at the following 0iflinime. intu law NO, 828: AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITY OFOKEECHOBEE ANOOKEE- CHOBEE UTILITY AUTHORITY EM- PLOYEES' RETIREMENT SYSTEM, AS SUISEQUENTLY AMENDED: PROVIDING FOR DEFINITIONS: PROVIDING FOR MEMBERSHIP: PROVIDING FOR A BOARD OF TRUSTEES: PROVIDING FOR FI- NANCE$ AND FUND MANAGE- MENT. PROVIDING FOR CONTRI- BUTIONS: PROVIDING FOR BENE- FIT AMOUNTS AND ELIGIBILITY; PROVIDING FOR 'PRE -RETIRE, MENT DEATH BENEFITS: PROVID- ING FOR DISABILITY BENEFITS: PROVIDING FOR VESTING OF BENEFITS: PROVIDING OPTIONAL FORMS OF BENEFITS: PROVID- ING FOR BENEFICIARIES: PFIO- VIDING CLAIMS PROCEDURES: PROVIDING FOR A ROSTER OF RETIREES; PROVIDING FOR A MAXIMUM PENSION LIMITATION; PROVIDING FOR DISTRIBUTION OF BENEFITS, PROVIDING MIS- CELLAOEOUS PROVISIONS: PRO- VIOING FOR REPEAL OR TERMI- NATION OF THE SYSTEM; PRO- VIDING, FOR EXEMPTION FROM EXECUTION AND NON-ASSIGNA- PILITY; PROVIDING FOR PEN- SION VALIDITY: PROVIDING FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES: PRO- VIDING FOR INDEMNIFICATION AND DIFENSE OF CLAIMS: PRO- VIDING ' FOR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT: PRO- VIDING FOR DIRECT TRANSFERS OF ELIOIBLE ROLLOVER DISTRI- BUTIONS; PROVIDING FOR RE- EMPLqVMENT AFTER RETIRE. MENT.: PROVIDING FOR THE ADOPTION OF PLAN BY THE OKEECHOBEE UTILITY ALITHORI- TY: PODYIDING F05 THE PUR- CHASE OF CREDIT FOR PRIOR GOVERNMENT- SERVICE; PRO- VID-IN� FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. All inembe'rs of the public ate encouf- aged to allend and participate in said littaing, The propmed Ofdi- nance may be ifispecled in its en- lgly b ipeinbers of the public in I le Otft.p at the rity Clerk du6no regular business houf7. Mon-Fi I 8ain-4,30pnit.,except for holidays PLEASE ?AKE NOTICE AND BE AD- VISED that it any person desires to appeal any decision made by the City Council with respect to any inafter considered at this healing. such hiteieslcd person will need a Terofd of the proceedil . and lot such puipuse rnay'ne7lo ensure a veibittim lecord of the pioceed- ings is made. which record in- cludes, the testimony and evidence upon Which the appeal is to be based- City Clerk lapes aie loi the sale purpose of backup for official fecoift of the Clerk III a nce with the Aine6cans; . 131 With vbfl1IyAcIjADA)aiKIrk)6- lq� qr1filt", ')Qr� )r� ....... ... - .. .... The Okmdobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, bein tF, in the matter of ( I �� )t ( "03 in the 19th Judicial District of the CiTCUit Court of Okeechobee County, Florida s publishe4 i id newspaper . theissues of A-1 Ta D 0 j - 6) Affilant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid not promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. A day of me this is- o, A.D. 20 Notary Public, State of Florida 111i r, i n n 4 V. :`,'�,pirnn Jan. 17, 20�,1,1 % Af I 11!!-Ai:._ e 1_. PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDPIANCE PLEASE TAKE NOTICE that the City Council 61l'thO City bf Okeechobee. Florida will an Tullisday.- July 15. 2003 At 6 00 p.m. or as soun thereafter possible. at City Hall. 55 SE 3rd Avenue. Okeechobee FL conduct a PUBLIC HEARING on and thereaflei congider final read- ing of the tolldwi% Di dinance into law. NO. 827� AN CROINANCE OF THE CITY OF 'OKEECHOBEE AMENDING THE CITY OF OKEE. CHOW MUNICIPAL FIREFIGHT- ERS' PENSION TRUST FUND, w6iiii SECTION 17, PROVISIONS; TION 26, N BENE- i VICE; PROVIDING FOR CODIFICA- TION, PROVIDING FOR SEVERA- BILITY OF PROVISOS; REPEAL- ING ALL -ORDINANCES IN CON. FLICT HEREWITH AND PROVID- ING ANEFFECTIVE DATE. All members of the public are encour- aged to attend arid participate in said hearing. The pioposed Ordi- nance may be inspected in its en - 'rely by members of tfie public in the Office of the City Clerk during regular. business hqpm, Monday-V- Way. 8,00 a.m.-4!40 p.m.. except far holidays, PLEASE TAKE NOTICE AND BE AD. VISED that it all son desIres to appeal any declsc made by the City Council with respect to any matter considered )t IMs hearing, such Interested person will need a record of the procabdings. and loi such purpose may need to ensure a verbatim record of the proceed- ings is made, w*h record in- cludes the lestimo.R and evidence upon which the *peal Is to be based. City Clefk topes are for the sole purpose of baCkup for official records of the Clerk. In accordance with the Americans with Disability Act ODA) and Flod- da Statutes, 286.2& persons with 'e 'at accom- V late ft Oro- sa* If nee MC43111 to pallft" ceedft ftuld c I Lane Gami- otea no later than two (2) working days prior to the prDceedft at (663)763-3372, e4ension 215: it hearing or voice Itntitaired.,call TDD 1-80Qr222-3448(vWe)qr,1888- 447-5620(TTY),.,: , 141 1 Lane Garrilotea, 06tLERK I 390831-6N 6/25/03 The Oke'khobee News -N P.O. Box 639, Okeechobee, Florida 34973 4 ;RECEIVED (863) 763-3134 CO Published Daily JUL 01 �1 ,;P'-!111i,' Hofi�n 5005 STATE OF FLORIDA COUNTY OF OKEECHOBEE PU T E CONSIDER DOPTING A C 0 ANCE Before the undersigned authority personally appear PLE ICE that the City Judy Kasten, who on oath says she is Publisher of the Okeechobee 0 c1l I f 30 of Okeechobee. r a on Tuesday. July 15. News, a DAILY Newspaper published at Okeechobee, in 1 &DO p,m. or as Soon Okeechobee County, Florida; that the attached copy of advertise- erealler Possible,�al'Cily Hall. 55 SE 3rd Avenue OkeeChobee FL ment, being a conduct a PUBLIC HEARING on and thereafter consider final read- ing of the following Otdinance into law: NO 826- AN ORDINANCE OF OKEECHOBEE AHMEE ND�IN"'G THIEF CITY OF OKEE- - C IPAL POLICE OF. PE.PN'SVICON MURES! TRUST FUND, A ED PU RSUANT TO ORDI- 491. NA'NOCTE 7 , AMENDING SECTION DEFINITIONS, BY AMENDING T 'kE DEFINITION OF in the matter of -!'ACCUMULATED CONTRIBLl- NA 4-N TIONS": AMENDING SECTION B DISABILITY: AMENDING SECT6 10, OPTIONAL FORMS OF BENE- FITS: AMENDING SECTION 15, MAXIMUM PENSION; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SEC- TION 25, MILITARY SERVICE PRIOR TO EMPLOYMENT: AMENDING SECTION 27, DIRECT in the 19th Judicial District of the Circuit Court of Okeechobee TRANSFERS OF ELIGIBLE ROLLO-, County, Florida, was published in said newspaper in the issues VER DISTRIBUTIONS: ADDING SECTION 27, PRIOR POLICE SEFI- of VICE; PROVIDING FOR CODIFICA- TION; PROVIDING FOR SEVERA- BILITY OF PROVISIONS; REPEAL- ING ALL ORINNANCES IN CON- FLICT HEREWITH AND PROVID- ING AN EFFECTIVE DATE. All members of the public are encour- aged to attend and participate if) said hearing, ThF Proposed Ordi- nance may be Inspected in its en- Affiant further says that the said Okeechobee News is lirelY by nrleniber� of the public in tile Office of the City Clerk during a newspaper published at Okeechobee, in said Okeechobee regular business flours, Monday-G fidaY 8:00 a-m.-4:30 County, Florida, and that said newspaper has heretofore been p.m.. except for holidays. published continuously in said Okeechobee County, Florida PLFASE TAKE NOTICE AND BE AD- each week and has been entered as second class mail matter at VISED that if any person desires to appeal ally decision made by the the post Office in Okeechobee, in said Okeechobee County, City Council vWth respect to any Florida, for a period of one year next preceding the first matter considered at this hearing, such interested person will need a publication of the attached copy of advertisement; and affiant record of life proceedings, and for sUCh purpose may need to ensure further says that she has neither paid nor Promised any a verbatim record of the proceed - person, firm or corporation any discount, rebate, commission or refund ings is made, which record in- cludes the testimony and evidonce for the purpose of securing this adve tisement for publication in upon which the appeal is to bp based. City Clerk tapes are for the the said newspaper. 7 Sole purpose of backup, lot official records of the Clerk. In accordance with the Americans with Disability Act (ADA) and Flori- SWOM It a subscti before Me this da Statutes 286.26, persons with disibilities needing special accom- modation to par*ipate in this pro- day of A.D. 20 ceeding should otintact. Lane Gami- olea no later than two (2) working -the days prior to Proceeding at (863)763-3372, extension 215� if hearing or voice impaired, call TOD Notary blic, State of Florida at Brown 1-800-222-,3448 (voice) or 1-888- 447,5620 (TTY). --CO"ItIlissioll # CC, 902300 Lane Garniotea. CITY CLERK .��z Expires Jail. 17, 2004 Pontlod Tlii,ki 390819-ON 7/4/03 I I 0.11kritiv FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME NAME PF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE (a _P)r- L MAILING ADDRESS THE BOA96� COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: -ITY 0 OTHER LOCAL AGENCY 0 0 COUNTY ,,JC UNTY -") NAMFqF POLMCAL SPBDIVISION: n'n F\ri DATE ON WHICH VOTE OCCURRED F7� 9 00 KWINLY11114HIM19 M7 - 0=1 on 2w_ WHO MUST FILE FORM 8B ELECTIVE 0 APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on . a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in wrfting and whether made b� you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 ExHIBIT I - JULV 15 AGENDA ORDINANCE NO. 826 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 749; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS"; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 25, MILITARYSERVICE PRIOR TO EMPLOYMENT; AMENDING SECTION 27, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ADDING SECTION 27, PRIOR POLICE SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BYTHE CITYCOUNCIL OFTHECITYOF OKEECHOBEE, FLORIDA: SECTION 1: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 749, is hereby amended by amending Section 1, Definitions, by amending the definition of "Accumulated Contributions", to read as follows: 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 Section 25, only that portion of any payment fepFesenting the surn that he we have contributed had he been a Member of the System for the years for whie . - �questing credit, she" be ineluded in Aeeumulated Gentributions any payment representing the amount attributable to Member contributions based on the applicable Member contribution rate, and any payment representing interest and any reguired actuarially calculated payments for the purchase of such Credited Service, shall be included in Accumulated Contributions without the crediting of interest of four and one -quarter percent (4-1/4%) per annum. SECTION 2: That the City of Okeechobee Municipal Police Off icers'Pension Trust Fund, adopted pursuant to Ordinance No. 749, is hereby amended by amending Section 8, Disability, subsection 5, Physical Examination Requirement, to read as follows: 5. 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 periedies". . ed reguired by the Board to submit sworn statements of his condition accompanied by a physician's statement (provided at the Retiree's expense) to the Board annually and may be required by the Board to undergo additional periodic re-examinations by a qualified physician or physicians and/or surgeon or surgeons who shall be Page 1 of 8 selected by the Board, to determine if such disability has ceased to exist. If the Board finds that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Police Officer, the Board shall recommend to the City that the Retiree be returned to performance of duty as a Police Officer, and the Retiree so returned shall enjoy the same rights that Member had at the time he was placed upon pension. In the event the Retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Member claiming or the Retiree receiving disability benefits shall be borne by the Fund. All other 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. SECTION 3: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 749, is hereby amended by amending Section 10, Optional Forms of Benefits, subsection 1.A., to read as follows: A. A retirement income of a modified monthly amount, payable to the Retiree during the lifetime of the Retiree and following the death of the Retiree, one hundred percent (1100%), seventy-five percent (75%), sixty-six and two-thirds (66 2/3%) or fifty percent (50%) of such monthly amount payable to a joint pensioner for his lifetime. Exeept wheFe the RetiFee's joint r J-1131-110 OF is his Spetise The present value of payments to the Retiree shall not be less than fifty percent (50%) of the total present value of payments to the Retiree and his joint pensioner. SECTION 4: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 749, is hereby amended by amending Section 15, Maximum Pension, to read as follows: SECTION 15. MAXIMUM PENSION. Basic Limitation. Subject to the adjustments hereinafter set forth, the maximum amount of annual retirement income payable with respect to a Member under this System shall not exceed ninety one hundred sixty thousand dollars ($90,000) ($160,000). 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 Page 2 of 8 2 3. 4 Equivalent of a straight life annuity. For purposes of this Section, the following benefits shall not be taken into account: (1) Any ancillary benefit which is not directly related to retirement income benefits; (2) Any other benefit not required under §415(b)(2) of the Code and Regulations thereunder to be taken into account for purposes of the limitation of §415(b)(1) of the Code. Participation in Other Defined Benefit Plans. The limitation of this Section with respect to any Member who at any time has been a member in any other defined benefit plan (as defined in §4140) of the Code) maintained by the City shall apply as if the total benefits pay- able under all defined benefit plans in which the Member has been a member were payable from one (1) plan. Adjustments in Limitations. A. In the event the Member's retirement benefits become payable before age sixty-two (62), the ninet one hundred sixty thousand dollar ($90,000) ($160,000) 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 dellars ($115 'VN7VT,-11 Ll I begins at or after age fifty-five (55). In the. Wev�--Init 'Uhle refirernent benefit beeernes payable before age fifty-five (55), t seventy-five thouse id dollar ($75,009) limitation shall be redueed Ith Reg lations-rizzu,.. UY-U-m from age fifty4ive (55)-ing Cz%.1k1W1 dwee w A L.... JLL- - See. etary of the Treasury pursuant to the provisiong of §415(b) of the Gode so that such limitation (as so reduced) equals an annual benefit (beginning when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000) annual benefit beginning at age sixty-two (62). B. In the event the Member's benefit is based on at least fifteen (15) years of Credited Service, 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 1�tw WU 11V,_, V= in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. Less than Ten (10) Years of Service. The maximum retirement benefits payable under this Section to any Member who has completed less than ten (10) years of Credited Service with the City shall be the amount determined under subsection 1 of this Section multiplied by a fraction, the numerator of which is the number of the Member's years of Credited Service and the denominator of which is ten (10). The reduction provided for in this subsection shall not be applicable to disability benefits Page 3 of 8 paid pursuant to Section 8, or pre -retirement death benefits paid pursuant to Section 7. 5. Ten Thousand Dollar ($10,000) Limit. Notwithstanding the foregoing, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limitations set forth in this Section if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable Plan Year and for any prior Plan Year and the City has not at any time maintained a qualified defined contribution plan in which the Member participated. 20 N 0 ON [-IN W- t-Xvi-11 I 01-imill 12 ILI" I.--, IF-19-719110 1 WIL W I Ml I E i -MEN WIF71" W1 -1110 L-iW LIM 0 1-J 0 1-] 1111110 1VPVTW- ON F- I M M NO fir- LIM I L-1 E IOW- IlDr-141111 W. X W I S 19 LIM 4 0 0 L-� W1 -T 1-1 MINERWAUtIL JOWMI-IMMMIr-L, 1. OAV W-TV W I - IN 0 —,w .. fint"a"w"" _"OL - i El I im L --; I -76. Reduction of Benefits. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the Member's benefit under any defined benefit plans in which Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be determined by the Board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the Board and the plan administrator of all other plans covering such Member. 87. Cost -of -Living Adiustments. The limitations as stated in subsections 1, 2- and 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. 98. Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously participated in such System, on or after January 1, 1980, shall not exceed one hundred percent (100%) of his Average Final Compensa- tion. 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 Page 4 of 8 in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. SECTION 6: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 749, is hereby amended by amending Section 17, Miscellaneous Provisions, by adding subsection 5., Compliance with Chapter 185, Florida Statutes, to read as follows: 5. Compliance with Chapter 185, Florida Statutes. It is intended that the System will continue to gualify for funding under Section 185.08, Florida Statutes. Accordingly, unless otherwise reguired by law, any.provision of the System which violates the requirements of Chapter SECTION 6: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 749, is hereby amended by amending Section 25, Military Service Prior to Employment, to read as follows: SECTION 25. MILITARY SERVICE PRIOR TO EMPLOYMENT. The years or fractional parts of years that a Police Officer serves or has served on active duty in the active military service of the Armed Forces of the United States, 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: The 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 requ-.9hall '--a-le oni- - -nee and m L, "VY__U %-4Ae mythe M%ember on -or befeNe.- sx (6) months from the date of his employment with the Gity-Pofiee Departm Multiple requests to purchase Credited.Service pursuant to this Section may be made at any time prior to Retirement. 3. Payment by the Member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one (1) 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 or eligibility for not -in -line of duty disability benefits. SECTION 7: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 749, is hereby amended by amending Section 27, Direct Transfers of Eligible Rollover Distributions, to read as follows: SECTION 2-7 26. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTION!i- 1 . Rollover Distributions. Page 5 of 8 A. General. This Section applies to distributions made on or after January 1, 1993 2002. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. -2-. B. Definitions. A- Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one (1) of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under section 401 (a)(9) of the Code; and the portion of any distribution that is not includible in gross income. Any portion of any distribution which would be includible in gross income will be an eligible rollover distribution if the distribution is made to an individual retirement account described in section 408(a), to an individual retirement annuity described in section 408(b) or to a qualified defined contribution plan described in section 401 (a) or 403(a) that agrees to separately account for amounts so transferred, including segarately accounting for the 12ortion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. 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, an eligible deferred compensation plan described in section 457(b) of the Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Code and which agrees to separately account for amounts transferred into such plan from this plan, an annuity contract described in section 403(b) of the Code, or a qualified trust described in section 401 (a) of the Code, that accepts the distributee's eligible rollover distribution. I lowever, This definition shall also apply in the case of an eligible rollover I I Me retirement plan distribution to the surviving Spouse, an eligib is an Ondivedus' refirement aeeount OF ffindMdua' retaFement annuity. G-. (3) 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-. (41 Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. 2. Rollovers or Transfers into the Fund. On or after Janua[y 1. 2002, the System will accept, solely for the purpose of purchasing Credited Service as provided herein, permissible Member Page 6 of 8 requested transfers of funds from other retirement or pension plans, Member rollover cash contributions and/or direct cash rollovers of distributions made on or after Janua!y 1, 2002, as follows: A. Transfers and Direct Rollovers or 0 an eligible rollover distribution or a Member contribution of an eligible rollover distribution from a qualified plan described in section 401 (a) or 403(a) of the Code, from an annuity contract described in section 403(b) of the Code or from an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agengy or instrumentality of a state or political subdivision of a state. The System will also accept legally permissible Member requested transfers of funds from other retirement or pension plans. n from an individual retirement account or annuity described in section 408(a) or 408(b) of the Code that is eligible to be rolled over and would otherwise be includible in ciross income. SECTION 8: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 749, is hereby amended by adding Section 27, Prior Police Service, to read as follows - SECTION 27. PRIOR POLICE SERVICE. Unless otherwise prohibited by law, and except as provided for in Section 1, the years or fractional parts of years that a Member previously served as a full-time Police Officer with the City during a period of previous employment and for which period Accumulated Contributions were withdrawn from the Fund, or the years and fractional parts of years that a Member served as a full-time Police Officer for any other municipal, county or state law enforcement department in State of Florida shall be added to his years of Credited Service provided that: 1 The Member contributes to the Fund the sum that he would have contributed had he been a member of the System for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of years of Credited Service. 2. Multiple requests to purchase Credited Service pursuant to this Section may be made at any time prior to Retirement. 3. Payment by the Member of the reguired amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one (1) lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section for service other than with the Cit of Okeechobee shall be five (5) years of Credited Service and shal I count for all purposes, except vesting and eligibility for not -in -line of duty disabilily benefits. There shall be no maximum purchase of credit for prior service with the City of Okeechobee and such credit shall count for all purposes, including vesting. In no event, however, may Credited Service be purchased pursuant to this Section for prior service with any other municipal, county or state law enforcement department, if such prior service forms or will form the basis of Page 7 of 8 a retirement benefit or pension from another retirement system or plan as set forth in Section 15, subsection 8.13. SECTION 9: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 10: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 11: 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 12: That this Ordinance shall become effective upon adoption. INTRODUCED on first reading and set for public hearing this 1701 day of June, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED on second and final reading this 15th day of July, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney bm\ok%po1\09-06-02.ord James E. Kirk, Mayor Page 8 of 8 GABRIEL, ROEDER, SMITH & COMPANY Consultants & Actuaries 301 East Las Olas Blvd. * Suite 200 e Ft. Lauderdale, FIL 33301-2254 * 954-527-1616 9 FAX 954-525-0083 January 7, 2003 Mr. Charles Slavin, Actuary Bureau of Program Services Division of Retirement Cedars Executive Center, Bldg. C 2639 North Monroe Street Tallahassee, FL 32399-1560 Re: Actuarial Impact Statement for Ordinance NogA,6 Amending the City of Okeechobee Pension Plan for Police Officers Dear Mr. Slavin: Enclosed is a copy of the Ordinance amending and restating the above -captioned retirement plan. This letter, with enclosures, constitutes the Statement of Actuarial Impact as issued by the plan administrator. The Ordinance amends the plan to incorporate housekeeping changes, a statement of compliance with Chapter 185 of the Florida Statutes, and changes in the Internal Revenue Code. Enclosed is a copy of Scott Christiansen's letter dated December 20, which describes the changes. The ordinance has no impact on the cost of the plan. This cost determination was prepared and completed by me or under my direct supervision, and I acknowledge responsibility for the results. To the best of my knowledge, the results are complete and accurate, and in my opinion, the techniques and assumptions used are reasonable and meet the requirements and intent of Part VII, Chapter 112, Florida Statues. There is no benefit or expense to be provided by the plan and/or paid from the plan's assets for which liabilities or current cost have not been established or otherwise taken into account in the cost determination. All known events or trends which may require a material increase in plan costs or required contribution rates have been taken into account in the cost determination. Theora P. Braccialarghe, FSA, MAAA, FCA Date Senior Consultant and Actuary Enrolled Actuary #02-2826 For the Pension Board as Date Plan Administrator ExHIBIT 2 — JULY 15 AGENDA ORDINANCE NO. 827 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS'PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE NO. 760; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS"; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 25, MILITARY SERVICE PRIOR TO EMPLOYMENT; AMENDING SECTION 26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ADDING SECTION 27, PRIOR FIRE SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE ITORDAINED BYTHE CITYCOUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, is hereby amended by amending Section 1, Definitions, to amend the definition of "Accumulated Contributions" to read as follows: 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 Seetion 25, only thett portion of any payment represemfing the surn that he would have eentribtded had he been a Member of the System for the yeaFS fOF whieh he is requesting eredit she!! be One'uded dn Aceurnulated Gentributions any payment representing the amount attributable to Member contributions based on the applicable Member contribution rate, and any payment representing interest and any reguired actuarially calculated Dayments for the purchase of such Credited Service, shall be included in Accumulated Contributions without the crediting of interest of five and one -quarter percent (5-1/4%) percent per annum. SECTION 2: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, is hereby amended by amending Section 8, Disability, subsection 5., Physical Examination Requirement, to read as follows: 5. 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 pe. led reguired by the Board to submit sworn statements of his condition accompanied by a physician's statement (provided at the Retiree's expense) to the Board annually and may be required by the Board to undergo additional periodic re-examinations by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the Board, to determine if such disability has ceased to exist. If the Board finds that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Page 1 of 8 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 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, 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 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. SECTION 3: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, is hereby amended by amending Section 10, Optional Forms of Benefits, subsection 1.A., to read as follows: A. A retirement income of a modified monthly amount, payable to the Retiree during the lifetime of the Retiree and following the death of the Member, one hundred percent (100%), seventy-five percent (75%), sixty-six and two-thirds percent (66 2/3%) or fifty percent (50%) of such monthly amount payable to a joint pensioner for his lifetime. Exeept where the Retiree's joint. . s has Spaust—, Ihe present value of payments to the Retiree shall not be less than fifty percent (50%) of the total present value of payments to the Retiree and his joint pensioner. SECTION 4: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, is hereby amended by amending Section 15, Maximum Pension, to read as follows: SECTION 15. MAXIMUM PENSION. Basic Limitation. Subject to the adjustments hereinafter set forth, the maximum amount of annual retirement income payable with respect to a Member under this System shall not exceed ninety one hundred sixty thousand dollars ($90,0 ($160,000). 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: Page 2 of 8 K W 4. (1) Any ancillary benefit which is not directly related to retirement income benefits; (2) Any other benefit not required under §415(b)(2) of the Code and Regulations thereunder to be taken into account for purposes of the limitation of §415(b)(1) of the Code. Participation in Other Defined Benefit Plans. The limitation of this Section with respect to any Member who at any time has been a member in any other defined benefit plan (as defined in §4146) of the Code) maintained by the City shall apply as if the total benefits pay- able under all defined benefit plans in which the Member has been a member were payable from one (1) plan. Adoustments in Limitations. A. In the event the Member's retirement benefits become payable before age sixty-two (62), the ninety one hundred sixty thousand dollar ($90,000) ($160,000) 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, bttt not 'ess then seventy five thousand dellaFs ($75,000) if the benefit begins at or after age fifty-five (55). In the event the Mernber�s Fetirement benefit beeemes payable before age fifty4ave (55), the seventy-five thousand dollar ($75,000) limitation shall be Fedu from age fifty five (55) On seeordanee with Regulations issued by the Seeretery of the Treasury pursuant to the provisiams of §415(b) of the Gode so that such limitation (as so reduced) equals an annual benefit (beginning when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000) annual benefit beginning at age sixty-two (62). B. In the event the Member's benefit is based on at least fifteen (15) years of Credited Service, 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 setforth in subsection 1 herein, such benefit shall be adjusted so that it is actuarial ly equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made assurned interest rate of five percent (5%) and shall be mad in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. Less than Ten (10) Years of Service. The maximum retirement benefits payable under this Section to any Member who has completed less than ten (10) years of C�edited 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. Page 3 of 8 5. Ten Thousand Dollar ($10,000) Limit. Notwithstanding the foregoing, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limitations set forth in this Section if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable Plan Year and for any prior Plan Year and the City has not at any time maintained a qualified defined contribution plan in which the Member participated. Wal-IT U_ 06 - PTI-TUT WI -Owl WIMMIN W1 11MUNWIr. IW�_r-ILWI_I 2111L_A�W win LV NEIMILS STAU V V -76. Reduction of Benefits. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the Members benefit under any defined benefit plans in which Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be determined by the Board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the Board and the plan administrator of all other plans covering such Member. 87. Cost-of-Livinq Adoustments. The limitations as stated in subsections 1, 27 and 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. 98. Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously participated in such System, on or after January 1, 1980, shall not exceed one hundred percent (100%) of his Average Final Compensa- tion. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. B. No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title Page 4 of 8 10, U.S. Code. SECTION 5: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, is hereby amended by amending Section 17, Miscellaneous Provisions, by adding subsection 5., Compliance with Chapter 175, Florida Statutes, to read as follows: 5. Compliance with Chapter 175, Florida Statutes. It is intended that the System will continue to qualify for funding under Section 175.101, Florida Statutes. Accordingly, unless otherwise reguired by law, any provision of the System which violates the requirements of Chapter 175, Florida Statutes, as amended from time to time, shall be superseded by and administered in accordance with the requirements of such chapter. SECTION 6: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, is hereby amended by amending Section 25, Military Service Prior to Employment, to read as follows: SECTION 25. MILITARY SERVICE PRIOR TO EMPLOYMENT. 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, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, honorably or under honorable conditions, prior to first and initial employment with the City Fire Department shall be added to his years of Credited Service provided that: The 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 Fequest she" be made only once an ade by the Men4mi-on-e�� sox (6) months from the date of his employment with the Gity Fire Department. Multiple requests to purchase Credited Service pursuant to this Section may be made at any time prior to Retirement. 3. Payment by the Member of the required amount shall be made within six (6) months of his request for credit, -but not later than the retirement date, and shall be made in one (1) 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 or eligibility for not -in -line of duty disability benefits. SECTION 7: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, is hereby amended by amending Section 26, Direct Transfers of Eligible Rollover Distributions, to read as follows: SECTION26. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS. Rollover Distributions. A. General. Page 5 of 8 This Section applies to distributions made on or after January 1, 1993 2002. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. 2-. B. Definitions. A-. Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one 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 (orjoint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten (10) 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. Any portion of any distribution which would be includible in gross income will be an eligible rollover distribution if the distribution is made to an individual retirement account described in section 408(a), to an individual retirement annuity described in section 408(b) or to a qualified defined contribution plan described in section 401 (a) or 403(a) that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. 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, an eligible deferred compensation plan described in section 457(b) of the Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Code and which agrees to separately account for amounts transferred into such plan from this plan, an annuity contract described in section 403(b) of the Code, or a qualified trust described in section 401 (a) of the Code, that accepts the distributee's eligible rollover distribution. I lowever, This definition shall also apply in the case of an eligible rollover distribution to the surviving Spouse, an eligible retirement plem retirement aeeount or individual retirement annuity. Distributee: A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving Spouse is a distributee with regard to the interest of the Spouse. E)-. L4) Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. 2. Rollovers or Transfers into the Fund. On or after January 1, 2002, the System will accept, solely for the purpose Page 6 of 8 of purchasing Credited Service as provided herein, permigsible Member reguested transfers of funds from other retirement or pension plans, Member rollover cash contributions and/or direct cash rollovers of distributions made on or after Janua[y 1, 2002, as follows: A. rollover distribution from a gualified plan described in section 401 (a) or 403(a) of the Code, from an annuity contract described in section 403(b) of the Code or from an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or goy -agency or instrumentality of a state or political subdivision of a state. The System will also accept legally p�prmissible Member reguested transfers of funds from other retirement or Pension plans. individual retirement account or annuity described in section 408(a) or 408(b) of the Code that is eligible to be rolled over and would otherwise be includible in gross income. SECTION 8: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, is hereby amended by adding Section 27, Prior Fire Service, to read as follows: SECTION 27. PRIOR FIRE SERVICE. Unless otherwise prohibited by law, and except as provided for in Section 1, the years or fractional parts of years that a Member previously served as a full-time Firefighter with the City during a Deriod Of Drevious employment and for which Period Accumulated Contributions were withdrawn from the Fund, or the vears and fractional parts of years that a member served as a Firefighter for any other municipal, county, state or special district fire department in the State of Florida shall be added to his years of Credited Service provided that-, The Member contributes to the Fund the sum that he would have contributed had he been a member of the Systemjor the years or fractional parts of years for which he is requesting credit Plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of years of Credited Service. 2. Multiple reguests to purchase Credited Service pursuant to this Section may be made at any time prior to Retirement. 3. Payment by the Member of the reguired amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one (1) lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section for service other than with the City of Okeechobee shall be five (5) years of Credited Service and shall count for all PurDoses, excwt-vesting and eligibility for not -in -fine of duty disabilily benefits. There shall be no maximum purchase of credit for Drior service with the City of Okeechobee and such credit shall count for all -purposes, including vesting. 5. In no event, however, may Credited Service be purchased Dursuant to this Section for prior service with any other.municipal, county or special district Page 7 of 8 fire department- if such prior service forms or will form the basis of a retirement benefit or pension from a different employer's retirement system or plan as set forth in Section 15, subsection 8.13. SECTION 9: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 10: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 11: 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 12: That this Ordinance shall become effective upon adoption. INTRODUCED on first reading and set for public hearing this 17"' day of June, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiatea, City Clerk PASSED on second and final reading this 1501 day of July, 2003. ATTEST: Lane Gamiotea, City Clerk James E. Kirk, Mayor Page 8 of 8 GABRIEL, ROEDER, SMITH & COMPANY Consultants & Actuaries 301 East Las Olas Blvd. 0 Suite 200 * Ft. Lauderdale, FL 33301-2254 9 954-527-1616 9 FAX 954-525-0083 January 7, 2003 Mr. Charles Slavin, Actuary Bureau of Program Services Division of Retirement Cedars Executive Center, Bldg. C 2639 North Monroe Street Tallahassee, FL 32399-1560 Re: Actuarial Impact Statement for Ordinance No. Amending the City of Okeechobee Pension Plan for Firefighters Dear Mr. Slavin: Enclosed is a copy of the Ordinance amending and restating the above -captioned retirement plan. This letter, with enclosures, constitutes the Statement of Actuarial Impact as issued by the plan administrator. The Ordinance amends the plan to incorporate housekeeping changes, a statement of compliance with Chapter 175 of the Florida Statutes, and changes in the Internal Revenue Code. Enclosed is a copy of Scott Christiansen's letter dated December 20, which describes the changes. The ordinance has no impact on the cost of the plan. This cost determination was prepared and completed by me or under my direct supervision, and I acknowledge responsibility for the results. To the best of my knowledge, the results are complete and accurate, and in my opinion, the techniques and assumptions used are reasonable and meet the requirements and intent of Part VII, Chapter 112, Florida Statues. There is no benefit or expense to be provided by the plan and/or paid from the plan's assets for which liabilities or current cost have not been established or otherwise taken into account in the cost determination. All known events or trends which may require a material increase in plan costs or required contribution rates have been taken into account in the cost determination. 11) Theora P. Braccialarghe, FSA, MAAA, FCA Date Senior Consultant and Actuary Enrolled Actuary #02-2826 For the Pension Board as Date Plan Administrator GABRIEL, ROEDER, SMITH & COMPANY Consultants & Actuaries 301 East Las Olas Blvd. 9 Suite 200 * Ft. Lauderdale, FL 33301-2254 e 954-527-1616 * FAX 954-525-0083 January 7, 2003 Mr. Charles Slavin, Actuary Bureau of Program Services Division of Retirement Cedars Executive Center, Bldg. C 2639 North Monroe Street Tallahassee, FIL 32399-1560 Re: Actuarial Impact Statement for Ordinance No.PIAP Amending and Restating the City of Okeechobee Pension Plan for General Employees Dear Mr. Slavin: Enclosed is a copy of the Ordinance amending and restating the above -captioned retirement plan. This letter, with enclosures, constitutes the Statement of Actuarial Impact as issued by the plan administrator. The Ordinance amends and restates the plan to incorporate housekeeping changes and changes in the Internal Revenue Code. Enclosed is a copy of Scott Christiansen's letter dated December 20, which describes the changes. The changes have no impact on the cost of the plan. This cost determination was prepared and completed by me or under my direct supervision, and I acknowledge responsibility for the results. To the best of my knowledge, the results are complete and accurate, and in my opinion, the techniques and assumptions used are reasonable and meet the requirements and intent of Part VII, Chapter 112, Florida Statues. There is no benefit or expense to be provided by the plan and/or paid from the plan's assets for which liabilities or current cost have not been established or otherwise taken into account in the cost determination. All known events or trends which may require a material increase in plan costs or required contribution rates have been taken into account in the cost determination. Theora P. Braccialarghe, FSA, MAAA, FCA Date Senior Consultant and Actuary Enrolled Actuary #02-2826 For the Pension Board as Date Plan Administrator EXHIBIT 4 - JULY 15 AGENDA ORDINANCE NO. 829 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part 11, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; BE IT ORDAJNED by the City Council of the City of Okeechobee, Florida as follows: SECTION I SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment", pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2 AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part 11, Florida Statutes. SECTION 3 REVISIONS TO THE FUTURE LAND USE MAP. The following described land is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 03-005-SSA, from Industrial to Commercial. The Legal Description of Subject Property is as follows: A parcel of land lying in and being a portion of Section 21, Township 37 South Range 35 East, described as Parcol Numbers 1, 2, 3, 4 and 5 of "Okeechobee Lands" in that certain Warranty Deed recorded in Official Records Book 373, Page 45, Public Records of Okeechobee County, Florida, and being more particularly described as follows: Commencing at the intersection of the southerly right-of-way line of South Park Street according to the plat of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee Page 1 of 3 ExHIBIT 3 — JULY 15 AGENDA ORDINANCE NO. 828 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES'RETIREMENT SYSTEM, 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 FORVESTING OF BENEFITS; PROVIDING OPTIONAL FORMS OF BENEFITS; PROVIDING FOR BENEFICIARIES; PROVIDING CLAIMS PROCEDURES; PROVIDING FORA ROSTER OF RETIREES; 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 INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR RE-EMPLOYMENT AFTER RETIREMENT; PROVIDING FOR THE ADOPTION OF PLAN BY THE OKEECHOBEE UTILITY AUTHORITY; PROVIDING FOR THE PURCHASE OF CREDIT FOR PRIOR GOVERNMENT SERVICE; PROVID- ING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee and the Okeechobee Utility Authority Employees 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 General Employees' Retirement Plan to consolidate all prior ordinances and Code provisions and to incorporate Federal law and the applicable State laws. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, is hereby amended and restated as set forth in the document designated CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, attached hereto and made a part hereof. SECTION 2: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3: 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. Page 1 of 2 SECTION 4. That this Ordinance shall become effective upon adoption. INTRODUCED on first reading and set for public hearing this 171h day of June, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED on second reading after public hearing this 15*day of July, 2003. ATTEST: Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM SECTION 1. DEFINITIONS. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated.. Accumulated Contributions means a Member's own contributions with interest at the rate of five and one -quarter percent (5-1/4%) per annum through September 30, 1993 and three percent (3%) per annum thereafter compounded annually on September 30. Interest is not prorated on Member contributions during a Plan Year. For those Members who purchase Credited Service with interest or at no cost to the System, pursuent 'L Seetion 24 omly that portion of any payrnen"p, esenting -the arnotint. attributable to Member contFibutions based on the applicable -mem"ber ca. it. obution rate, plus interest-, shall be included in AeeunfflAsted Gentrobuti any payment representing the amount attributable to Member contributions based on the applicable Member contribution rate, and any payment representing int rest and any reguired actuarially calculated payments for the purchase of such Credited Service, shall be included in Accumulated Contributions without the crediting of interest of three percent (3%) percent per annum. Aet meanst'- Empl-ee Retiremn ent lmeorm—w%6pecurity Act of 1974 (P. L. 93 -- "he Blepart -abeFend 406) and any regulations issued thereunder ILJ, - tMent a f I - the Internal Revenue Sew*ee, as that Statute the -se -regulations shall be am nded. 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 8% interest and the 1983 Group Annuity Mortality Table. Average Final Compensation means one -twelfth (1 /12) of the average Salary of the five (5) best years of the last ten (10) years of Credited Service prior to retirement, termination or death. A year shall be twelve (12) consecutive months. Beneficia[y means the person or persons entitled to receive benefits hereunder at the death of a Member who has or have been designated in writing by the Member and filed with the Board. If no such designation is in effect, or if no person so designated is living, at the time of death of the Member, the Beneficiary shall be the estate of the Member. Board means the Board of Trustees, which shall administer and manage the System herein provided and serve as trustees of the Fund. City means City of Okeechobee, Florida and the Okeechobee Utility Authority. Code means the Internal Revenue Code of 1986, as amended from time to time. Credited Service means the total number of years and fractional parts of years of service as a General Employee with member contributions when required, omitting intervening years or fractional parts of years when such Page 1 of 26 e- Member was not employed by the City as a General Employee. A Member may voluntarily leave his Accumulated Contributions in the Fund for a period of five (5) years after leaving the employ of the City pending the possibility of being reemployed as a General Employee, without losing credit for the time that he was a Member of the System. If a non -vested Member leaves the employ of the City and is not reemployed within five (5) years, his Accumulated Contributions will be returned. If " a vested Member leaves the employ of the City, his Accumulated Contributions will be returned upon his written request. Upon return of his Accumulated Contributions, all of his rights and benefits under the System are forfeited and terminated. The years or fractional parts of a year that a Member serves in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, after separation from employment as a General Employee with the City to perform training or service, and reemployment on or after December 12, 1994, shall be added to his years of Credited Service for all purposes, including vesting, provided that: A. The Member must return to his employment as a General Employee within one (1) year from the earlier of the date of his military discharge or his release from service. B. The Member deposits into the Fund the same sum that the Member would have contributed if he had remained a General Employee during his absence. The Member must deposit all missed contribu- tions within a period equal to three (3) times the period of military service, but not more than five (5) years from the date of re- employment or he will forfeit the right to receive Credited Service for his military service pursuant to this Section. C. The maximum credit for military service pursuant to this Section shall be five (5) years. D. The Member must have been discharged or released from service under honorable conditions. E. This Section is intended to satisfy the minimum requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA), (P.L. 103-353). To the extent that this Section does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. Effective Date means the date on whieh this ordinanee beeernes effee December 14, 1971. General Employee means any actively employed person in the regular full- time service of the City of Okeechobee or the Okeechobee Utility Authority, including those in their initial probationary employment period, but also including elected officials. This term shall not include certified police officers and certified firefighters employed by the City or the members of the Okeechobee Utility Authority Board. Fund means the trust fund established herein as part of the System. Member means an actively employed General Employee who fulfills the prescribed membership requirements. Benefit improvements which, in the past, have been provided for by amendments to the System adopted by City ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to Members who terminate employment or who retire prior to the effective date of any ordinance Page 2 of 26 FW_ adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Plan Yea means the twelve (12) month period beginning October 1 and ending September 30 of the following year. Retiree means a Member who has entered Retirement Status. Retirement means a Member's separation from City employment with eligibility for immediate receipt of benefits under the System. Salary means the basic compensation for services rendered to the City as a General Employee, plus all tax deferred, tax sheltered and tax exempt items of income, if otherwise includible as basic compensation, derived from elective employee payroll deductions or salary reductions, but excluding overtime, bonuses and any other non -regular payment. Compensation in excess of the limitations set forth in Section 401 (a)(1 7) 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 benefits become payable. System means the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System as contained herein and all amendments thereto. 2. Masculine Gender. The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both.the feminine and masculine genders. SECTION 2. MEMBERSHIP. Conditions of Eligibility. All General Employees as of the Effective Date, and all future new General Employees, shall become Members of this System as a condition of employment. Notwithstanding the previous paragraph, the current City Administrator and any future City Administrator or Administrative Assistant and the current or future Executive Director of the Okeechobee Utility Authority may, in the event he has elected to participate in another pension program, within the first sixty (60) days of his employment as City Administrator or Administrative Assistant or Executive Director, notify the Board and the City of Okeechobee (with respect to the City Administrator or Administrative Assistant) or the Okeechobee Utility Authority (with respect to the Executive Director), in writing, of his election to not be a Member of the System. In the event of any such election, he shall be barred from future membership in the System. Notwithstanding any provision herein to the contrary, the current City Administrator as of April 1, 2001 may, in the event he has elected to participate in another pension program on or before June 1, 2001, notify the Board and the City of Okeechobee, in writing, of his election to opt out of the System. In the event of such election, the Board shall refund the Accumulated Contributions to the City Administrator and he shall be barred from future membership in the System. Page 3 of 26 2. Designation of Beneficia[y. Each General Employee shall complete a form prescribed by the Board designating a Beneficiary or Beneficiaries. SECTION 3. BOARD OF TRUSTEES. The sole and exclusive administration of and responsibility for the proper operation of the System and for making effective the provisions of this ordinance are hereby vested in a Board of Trustees. The Board is hereby designated as the plan administrator. The Board shall consist of five (5) Trustees, one of whom, shall be a legal resident of the City, who shall be appointed by the Okeechobee City Council, one of who shall be appointed by the Okeechobee Utility Authority Board, one of whom shall be a full-time General Employee Member employed by the City of Okeechobee, and one of whom shall be a full-time General Employee Member employed by Okeechobee Utility Authority. The fifth Trustee shall be chosen by a majority of the previous four Trustees as provided for herein, and such person's name shall be submitted to the Okeechobee City Council. Upon receipt of the fifth person's name, the Okeechobee City Council shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the same rights as each of the other four Trustees appointed or elected as herein provided and shall serve a two (2) year term unless he sooner vacates the office. Each resident Trustee appointed by the City of Okeechobee or by the Okeechobee Utility Authority shall serve as Trustee for a period of two (2) years, unless he sooner vacates the office or is sooner replaced by the appointing authority at whose pleasure he shall serve. Each Member Trustee shall serve as Trustee for a period of two (2) years, unless he sooner leaves the employment of the City of Okeechobee orOkeechobee Utility Authority as a General Employee or otherwise vacates his office as Trustee, whereupon a successor shall be chosen in the same manner as the departing Trustee. Each Trustee may succeed himself in office. The Board shall establish and administer the nominating and election procedures for each election. The Board shall meet at least quarterly each year. The Board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of 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 them as provided by law. 3. Each Trustee shall be entitled to one vote on t ' he 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 compensa- tion of all persons engaged by the Board and all other expenses of the Board necessary for the operation of the System shall be paid from the Fund at such rates and in such amounts as the Board shall agree. 5. The duties and responsibilities of the Board shall include, but not necessarily be limited to, the following: A. To construe the provisions of the System and determine all questions arising thereunder. Page 4 of 26 B. To determine all questions relating to eligibility and membership. C. To determine and certify the amount of all retirement allowances or other benefits hereunder. D. To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the System. E. To distribute to Members, at regular intervals, information concerning the System. F. To receive and process all applications for benefits. G. To authorize all payments whatsoever from the Fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the System and Fund. H. To have performed actuarial studies and valuations at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the System. To perform such other duties as are required to prudently administer the System. SECTION 4. FINANCES AND FUND MANAGEMENT. Establishment and Operation of Fund. As part of the System, there as hereby established 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 authoriza- tion from the Board. 3. All funds of the system may be deposited by the Board with the Finance Director of the City, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safe- keeping of funds for the City. However, any funds so deposited with the Finance Director of the City shall be kept in a separate fund by the Finance Director or clearly identified as such funds of the System. In lieu thereof, the Board shall deposit the funds of the System in a qualified public depository as defined in §280.02, Florida Statutes, which depository with regard to such funds shall conform to and be bound by all of the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment responsibilities as set forth herein, the Board may retain the services of a custodian bank, an investment advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the Board, in the investment of all Fund assets. 4. All funds and securities of the System may be commingled in the Fund, provided that accurate records are maintained at all times reflecting the financial composition of the Fund, including accurate current accounts and entries as regards the following: Page 5 of 26 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 " System showing a detailed listing of assets and a statement of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a complete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. 6. The Board shall have the following investment powers and authority: A. The Board shall be vested with full legal title to said Fund, subject, however, and in any event to the authority and power of the Okeechobee City Council to amend or terminate this Fund, provided that no amendment or Fund termination shall ever result in the use of any assets of this Fund except for the payment of regular expenses and benefits under this System, except as otherwise provided herein. All contributions from time to time paid into the Fund, and the income thereof, without distinction between principal and income, shall be held and administered by the Board or its agent in the Fund and the Board shall not be required to segregate or invest separately any portion of the Fund. B. All monies paid into or held in the Fund shall be invested and reinvested by the Board and the investment of all or any part of such funds shall be limited to: (1) Annuity and life insurance contracts with life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the Members in the Fund shall be entitled under the provisions of this System and pay the initial and subsequent premium thereon. (2) Time or savings accounts of a national bank, a state bank insured by the Bank Insurance fund or a savingsibuilding and loan association insured Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund. (3) Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States or the an agency of the government of the United States. Page 6 of 26 L r-I V57(41 Stocks, commingled or mutual funds administered by national or state banks, bonds or other evidences of indebtedness the United States, or the Distriet of Golurnbis, provided that the security of the eorporation *9 traded on a nationally recog exehange. , provided that: Lal Except as provided in subparagraph (b), all individually held securities and all securities in a commingled or mutual fund must be issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia. (b) Up to fifteen percent (15%) of the assets of the Fund may be invested in foreign securities. Lcl The Board shall not invest more than five percent (5%) of its assets in the common stock, capital stock, or convertible securities of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent (5%) of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock , international equity securities and convertible securities at cost exceed sixty percent (60%) of the assets of the Fund. No rnere then f ift en pereent (15%) at cost e the Fund assets she" be invested C. At least once every three (3) years. and more often as determined b the Board, the Board shall retain a- professionally qualified independent consultant to evaluate the performance of all current investment managers and make recommendations regarding the retention of all such investment managers, These recommendations shall be considered by the Board at its next regularly scheduled meeting. D. The Board may retain in cash and keep unproductive of income such amount of the Fund as it may deem advisable, having regard for the cash requirements of the System. E. Neither the Board or any Trustee shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the Fund, except that due to his or its own negligence, willful misconduct or lack of good faith. F. The Board may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. G. The Board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, Page 7 of 26 reorganizations, recapitalization, consolidations, and similartransac- tions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective or like committee with the Trustees or with depositories designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the Fund which it may deem to be to the best interest of the Fund to exercise. H. The Board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. Where any action which the Board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as Trustee under this ordinance, can reasonably be taken or performed only after receipt by it from a Member, the City, or any other entity, of specific informa- tion, certification, direction or instructions, the Board shall be free of liability in failing to take such action or perform such duty or function until such information, certification, direction or instruction has been received by it. J. Any overpayments or underpayments from the Fund to a Member, Retiree or Beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board in such a manner that the Actuarial Equivalent of the benefit to which the Member, Retiree or Beneficiary was correctly entitled to, shall be paid. Over payment shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the Fund in a prudent manner. K. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits herein provided for. L. In any application to or proceeding or action in the courts, only the Board shall be a necessary party, and no Member or other person having an interest in the Fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. M. Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to said Fund shall always remain in the Board. SECTION 5. CONTRIBUTIONS. Member Contributions. A. Amount. Each Member of the System shall be required to make regular contributions to the Fund in the amount of six percent (6%) of his Salary. Member contributions withheld by the City on behalf of the Member shall be deposited with the Board at 'east monthly immediately after each pay period. The contributions made by each Member to the Fund shall be designated as employer contributions pursuant to §414(h) of the Code. Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of Page 8 of 26 the System, such contributions shall be considered to be Member contributions. B. Method. Such contributions shall be made by payroll deduction. 2. Citv Contributions. So long as this System is in effect, the City of Okeechobee and the Okeechobee Utility Authority 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 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 . d of not more than forty (40) years, . ig with the fiseal year in'whoeh the Effective Date of this System oeeurs as 2rovided in Part VI I of Chapte 11 Z - Florida Statutes. The total cost for any year shall be apportioned equitably and consistently between the City of Okeechobee and the Okeechobee Utility Authority based'on the costs associated with each entity's employees. 3. Other. Private donations, gifts and contributions may be deposited to the Fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds arising from these sources may be used only for additional benefits for Members, as determined by the Board, and may not be used to reduce what would have otherwise been required City contribu- tions. SECTION 6. BENEFIT AMOUNTS AND ELIGIBILITY. Normal Retirement Date. 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- five (65) and the completion of five (5) years of Credited Service or upon the completion of thirty (30) years of Credited Service, regardless of age. A Member may retire on his normal retirement date or on the first day of any month thereafter, and each Member shall become 100% vested in his accrued benefit on the Member's normal retirement date. Normal retirement under the System is Retirement from employment with the City on or after the normal retirement date. 2. Normal Retirement Benefit. A Member retiring hereunder on or after his normal retirement date shall receive a monthly benefit which shall commence on the first day of the month coincident with or next following his Retirement and be continued thereafter during Members lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal two and one -tenth percent (2.1 %) of Average Final Compensation, for each year of Credited Service. 3. Early Retirement Date. A Member may retire on his early retirement date which shall be the first day of any month coincident with or next following the later of the attainment of age fifty-five (55) and the completion of ten (10) years of Credited Service. Early retirement under the System is Retirement.from employment with the City on or after the early retirement date and prior to the normal retirement Page 9 of 26 date. 4. Early Retirement Benefit. A member retiring hereunder on his early retirement date may receive either a deferred or an immediate monthly retirement benefit payable in the same form as for normal retirement as follows: A. A deferred monthly retirement benefit which shall commence at age sixty-five (65) and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on his normal retirement date except that Credited Service and Average Final Compensation shall be determined as of his early retirement date; or B. An immediate monthly retirement benefit which shall commence on his early retirement date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in paragraph A above, which is reduced by two percent (2%) for each year by which the commencement of benefits precedes age sixty-five (65). SECTION 7. DEATH BENEFITS. 1 Prior to Vesting or Eligibility for Retirement. The Beneficiary of a deceased Member who was not receiving monthly benefit payments, or who was not yet vested or eligible for retirement shall receive a refund of one hundred percent (100%) of the Member's Accumulated Contributions. 2. Deceased Members Vested or Eligible for -Retirement. Any member, whether or not still actively employed, who has a right to a vested accrued benefit, shall be eligible for a death benefit if he dies before collecting any other benefits from this System. The amount of the death benefit shall be equal to fifty percent (50%) of the actuarially equivalent single sum value of the Member's vested accrued benefit or his Accumulated Contributions, whichever is greater. If this single sum value is less than $5,000, it shall be paid in a lump sum. If the value exceeds $5,000, the Beneficiary may elect payment under any of the optional forms available for retirement benefits or a lump sum payment. If a Member is eligible for early or normal retirement, but remains in employment and dies while so employed, the death benefit shall be determined as follows: It shall be assumed that such deceased Member had retired immediately preceding his date of death and elected the Ten Year Certain and Life Thereafter option. However, the death benefit shall be equal to fifty percent (50%) of the actuarially equivalent single sum value of the Member's vested accrued benefit, if larger than the Ten Year Certain and Life Thereafter option, described earlier in this Section. SECTION 8. DISABILITY. 1 . Disability Benefits. Any Member who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or page 10 of 26 mental impairment, to perform the duties that the General Employee was assigned at the time of the impairment and is unable to perform the duties of another General Employee position which the City of Okeechobee or the Okeechobee Utility Authority makes available to him in a similar job classification and rank at no reduction in Salary for which the General Employee is qualified by reason of training, education, or experience, whether or not such disability was directly caused by the performance of his duty as a General Employee. Upon establishing the same to the satisfaction of the Board, the General Employee shall be entitled to a monthly pension determined in the same manner as for Early Retirement set forth in Section 6, subsection 4. B, if the benefit begins at or after age fifty-five (55), and if the benefit begins prior to age fifty-five (55), the benefit shall be actuarially reduced for the period prior to age fifty-five (55). Terminated persons, either vested or non -vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. 2. Conditions Disgualifying Disability Benefits. Each Member who is claiming disability benefits shall establish, to the satisfaction of the Board, that such disability was not occasioned primarily by: A. Excessive or habitual use of any drugs, intoxicants, or alcohol. B. Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections. C. Injury or disease sustained while committing a crime. D. Injury or disease sustained while serving in any branch of the Armed Forces. E. Injury or disease sustained after his employment as a General Employee with the City Okeechobee or the Okeechobee Utility Authority shall have terminated. F. Willful, wanton or intentional misconduct or gross negligence of the Member. G. Injury or disease sustained by the Member while working for anyone other than the City of Okeechobee or the Okeechobee Utility Authority and arising out of such employment. H. A condition pre-existing the General Employee's membership in the System. No Member shall be entitled to a disability pension because of or due to the aggravation of a specific injury, impairment or other medical condition pre-existing at the time of membership in the System, provided that such pre-existing condition and its relationship to a later injury, impairment or other medical condition be established by competent substantial evidence. Nothing herein shall be construed to preclude a disability pension to a Member who, after membership in the System, suffers an injury, impairment or other medical condition different from some other injury, impairment, or other medical condition existing at or prior to said membership. 3. Physical Examination Requirement. A Member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the Board for that Page 11 of 26 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 pefiedieeity-fe-exernined reguired by the Board to submit sworn statements of his condition accompanied by a physician's _statement (provided at the Retiree's expense) to the Board annually and may be reguired by the Board to undergo additional periodic re-examinations by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the Board, to determine if such disability has ceased to exist. If the Board finds that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a General Employee, the Board shall recommend to the City that the Retiree be returned to performance of duty as a General Employee, and the Retiree so returned shall enjoy the same rights that he had at the time he was placed upon pension. In the event the Retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Member claiming or the Retiree receiving disability benefits shall be borne by the Fund. All other reasonable costs as determined by the Board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund. If the Retiree recovers from disability and reenters the service of the City as a General Employee, his service shall be deemed to have been continuous, and the period for which Retiree 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 General Employee 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 General Employee, 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 General Employee. The Board shall have the power and authority to make the final decisions regarding all disability claims. 5. Disability Payments. The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall be payable on the first day of the first month after the Board determines such entitlement. However, the monthly retirement income shall be payable as of the date the Board determined such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment will be: A. If the Retiree recovers from the disability prior to his normal retirement date, the payment due next preceding the date of such recovery, or B. If the Retiree dies without recovering from disability or attains his normal retirement date while still disabled, the payment due next preceding his death or the 120th monthly payment, whichever is later. Provided, however, the disability Retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment Page 12 of 26 1 as described in -Section 10, subsection 1.A. or I.B., which shall be the Actuarial Equivalent of the normal form of benefit. 6. Workers' Comoensation. When a Retiree is receiving a disability pension and workers' compensation benefits pursuant to Florida Statute Chapter 440, for the same disability, and the total monthly benefits received from both exceed 100% of the Member's average monthly wage, as defined in Chapter 440, Florida Statutes, the disability pension benefit shall be reduced so that the total monthly amount received by the Retiree does not exceed 100% of such average monthly wage. The amount of any lump sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten (10) Years' Certain by dividing the lump sum amount by 83.9692. SECTION 9. VESTING. If a Member terminates his employment as a General Employee, either voluntarily or by discharge, and is not eligible for any other benefits under this System, the Member shall be entitled to the following: If the Member has less than five (5) years Credited Service upon termina- tion, the Member shall be entitled to a refund of his Accumulated Contributions or the Member may leave it deposited with the Fund. 2. If the Member has five (5) or more years of Credited Service upon termination, the Member shall be entitled to a monthly retirement benefit, determined in the same manner as for normal or early retirement and based upon the Members Credited Service, Average Final Compensation and the benefit accrual rate as of the date of termination, payable to him commenc- ing at age 65, or age, 55 reduced as for early retirement from age 65, provided he does not elect to withdraw his Accumulated Contributions and provided the Member survives to his otherwise normal or early retirement date. If the Member does not withdraw his Accumulated Contributions and does not survive to his otherwise normal or early retirement date, his designated Beneficiary shall be entitled to a benefit as provided herein for a deceased Member, vested or eligible for Retirement under Pre -Retirement Death. SECTION 10. OPTIONAL FORMS OF BENEFITS. In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified herein, a Member, upon written request to the Board may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options:, A. A retirement income of a modified monthly amount, payable to the Member during the lifetime of the Member and following the death of the Member, 100%, 75%, 66-2/3% or 50% of such monthly amount payable to a joint pensioner for his lifetime. Except where the Retiree's nt-pensiell�_11 Is his Spouse-, Ihe 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 for the lifetime of the Member only. C. If a Member retires prior to the time at which social security benefits are payable, he may elect to receive an increased retirement benefit Page 13 of 26 I - 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 forthe 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 Member, upon electing any option of this Section, will designate the joint pensioner (subsection 1.,A. above) or Beneficiary (or Beneficiaries) to receive the benefit, if any, payable under the System in the event of Member's death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one or more primary Beneficiaries where applicable. If a Member has elected an option with a joint pensioner or Beneficiary and Member's retirement income benefits have commenced, Member may thereafter change his designated Beneficiary at any time, but may change his joint pensioner only if the designated joint pensioner and the Member were married at the time of Member's Retirement and are divorced subsequent thereto and the joint pensioner is alive at the time of the change. 3. The consent of a Member's or Retiree's joint pensioner or Beneficiary to any such change shall not be required. The rights of all previously -designated Beneficiaries to receive benefits under the System shall thereupon cease. 4. Upon change of a Retiree's Beneficiary -Of joint pensioner in accordance with this Section, the amount of the retirement income payable to the Retiree shall be actuarially determined to take into account the age and sex of the former joint pensioner, the new joint pensioner and the Retiree. Any such Retiree shall pay the actuarial recalculation expenses. Each request for a change will be made in writing on a form prepared by the Board and on completion will be filed with the Board. In the event that no designated Beneficiary survives the Retiree, such benefits as are payable in the event of the death of the Retiree subsequent to his Retirement shall be paid as provided in Section 11. 5. Retirement income payments shall be made under the option elected in accordance with the provisions of this Section and shall be subject to the following limitations: A. If a Member dies prior to his normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under Section 7. B. If the designated Beneficiary (or Beneficiaries) or joint pensioner dies before the Member's retirement under the System, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the Member upon his Retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this Section or a new Beneficiary is designated by the Member prior to his Retirement. C. If both the retired Member and the Beneficiary (or Beneficiaries) designated by Member or Retiree die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provisions of subsection 1, the Board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 11. Page 14 of 26 D. If a Member continues. beyond his normal retirement date pursuant to the provisions of Section 6, subsection 1, and dies prior to his actual retirement and while an option made pursuant to the provisions of this Section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a Beneficiary (or Beneficiaries) designated by the Member in the amount or amounts computed as if the Member had retired under the option on the date on which his death occurred. 6. A Retiree may not change his retirement option after the date of cashing or depositing his first retirement check. 7. Notwithstanding anything herein to the contrary, the Board in its discretion, may elect to make a lump sum payment to a Member or a Member's Beneficiary in the event that the total commuted value of the remaining monthly income payments to be paid do not exceed Five Thousand Dollars ($5,000.00). Any such payment made to any person pursuant to the power and discretion conferred upon the Board by the preceding sentence shall operate as a complete discharge of all obligations under the System with regard to such Member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. SECTION 11, BENEFICIARIES. Each Member or Retiree may, on a form provided for that purpose, signed and filed with the Board, designate a Beneficiary (or Beneficiaries) to receive the benefit, if any, which may be payable in the event of his death. Each designation may be revoked or changed by such Member or Retiree by signing and filing with the Board a new des ig nation-of-benefi ciary form. Upon such change, the rights of all previously designated Beneficiaries to receive any benefits under the System shall cease. 2. If a deceased Member or Retiree failed to name a Beneficiary in the manner prescribed in subsection 1, or if the Beneficiary (or Beneficiaries) named by a deceased Member or Retiree predeceases the Member or Retiree, the death benefit, if any, which may be payable under the System with respect to such deceased Member or Retiree, shall be paid to the estate of the Member or Retiree and the Board. in its discretion, mav direct that the commuted value of the remaining monthly income benefits be paid in a lump sum. Any payment made to any person pursuant to this Section shall operate as a cgmplete discharge of all obligations under the System with regard to the deceased Member and any other Persons with rights under the System and shall not be subject to review by anyone but shall be final, binding and conclusive on all Persons ever interested hereunder.. SECTION 12. CLAIMS PROCEDURES. 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. Page 15 of 26 SECTION 13. ROSTER OF RETIREES. The Secretary of the Board shall keep a record of all persons enjoying a pension under the provisions of this ordinance in which it shall be noted the time when the pension is allowed and when the same shall cease to be paid. Additionally, the Secretary shall keep a record of all Members employed by the City in such a manner as to show the name, address, date of employment and date of termination of employment. rol rg-vq 1WW1 & IV. -I &'W1% we Mrib , L MR-: WILILINN.;LUMILWALI V M 9 Om "M T-3 : 71W,-71 -- �11 LW- Wi W, ; VaL 4 Z. L 11 1 " , "i A &I I W, " 1�__ rii i lie, -.1 i; iM;�� e.;; is W- !;�Ii rm RM-M i MoG, L4i n L-d wz�ii Lei � &Wig M OIL 1-Immr-IMIL-gn SECTION 4-614. MAXIMUM PENSION. Basic Limitation. Subject to the adjustments hereinafter set forth, the maximum amount of annual retirement income payable with respect to a Member under this System shall not exceed $90,000 $160,000. 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 fbilowing benefits shall not be taken into account: (1) Any ancillary benefit which is not directly related to retirement income benefits; (2) Any other benefit not required under §415(b)(2) of the Code and Regulations thereunder to be taken into account for purposes of the limitation of §415(b)(1) of the Code. 2. Participation in Other Defined Benefit Plans. The limitation of this Section with respect to any Member who at any time has been a member in any other defined benefit plan (as defined in §4140) of the Code) maintained by the City shall apply as if the total benefits pay- able under all defined benefit plans in which the Member has been a member were payable from one plan. 3. Ad*ustments in Limitations. A. In the eventthe Member's retirement benefits become payable before age 62, the $90,80 $160,000 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 Internal Revenue Code, but not less --than $75,000, if the benefit begins at er after age fifty-five (55). In th-- event -the PV4,embel'17 retirement beeernes payable before age fifty-" (55), t $75,000 limitatiort shall be ffledtieed f—m-age-fifty4ilve (5515) in seeardameewithR -sued by the`r; my f-the-TIUCIOUly pursti nt to the provisions of §415(b) 61, thie G"Oude so that such limitation (as so reduced) equals an annual benefit (beginning when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000) annual benefit beginning at age siLdy-two (62). Page 16 of 26 B. 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. C. If the Member's retirement benefit becomes payable after age sixty- five (65), for purposes of determining whether this benefit meets the limitation set forth in Subsection 1 herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age 65. This adjustment shall be made istimed interest rate of five pereent (5%) and she" be-niei�e in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. 4. Less than Ten Years of Service. The maximum retirement benefits payable under this Section to any Member who has completed less than ten (10) years of Credited Service with the City shall be the amount determined under Subsection 1 of this Section multiplied by a fraction, the numerator of which is the number of the Members years of Credited Service and the denominator of which is ten (10). The reduction provided for in this subsection shall not be applicable to disability benefits paid pursuant to Section 8, or pre -retirement death benefits paid pursuant to Section 7. 5. $10,000 Limit. Notwithstanding the foregoing, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limitations set forth in this Section if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed $10,000 for the applicable Plan Year and for any prior Plan Year and the City has not at any time maintained a quali- fied defined contribution plan in which the Member participated. 414 M! WRE-WROW-01 PCs, 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 administrator of all other plans covering such Member. 8j7_- Cost -of -Living Adjustments. Page 17 of 26 The limitations as stated in subsections 1, 27 and 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. 98. Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously participated in such System, on or after January 1, 1980, shall not exceed 100 percent of his Average Final Compensation. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of - living increases or adjustments. B. No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from another retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. SECTION 4-6 15. DISTRIBUTION OF BENEFITS. Notwithstanding any other provision of this System to the contrary, a form of retirement income payable from this System after the Effective Date of this ordinance, shall satisfy the following conditions: 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 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 lifetimes of the Member and Spouse, issue or dependent, or b), shall be paid over the period extending not beyond the life expect- ancy 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, Member's entire interest in the System shall be distributed within five (5) years of 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 Pagel 8 of 26 C. Such distribution begins within one year of the Member's death unless the Member's Spouse shall receive the remaining interest in which case the distribution need not begin before the date on which the Member would have attained age 70-1/2 and if the Spouse dies before the distribution to the Spouse begins, this Section shall be applied as if the Spouse were the Member. SECTION 4-7 16. MISCELLANEOUS PROVISIONS. 1. Interest of Members in System. At no time prior to the satisfaction of all liabilities under the System with respect to Members and their Spouses or Beneficiaries, shall any part of the corpus or income of the Fund be used for or diverted to any purpose other than for their exclusive benefit. 2. No Reduction of Accrued Benefits. No amendment or ordinance shall be adopted by the City Council of the City of Okeechobee which shall have the effect of reducing the then vested accrued benefits of Members or a Member's Beneficiaries. 3. Qualification of System. It is intended that the System will constitute a qualified pension plan under the applicable provisions of the Code, as now in effect or hereafter amended. Any modification or amendment of the System may be made retroactively, if necessary or appropriate, to qualify or maintain the System as a Plan meeting the requirements of the applicable provisions of the Code as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. 4. Use of Forfeitures. Forfeitures arising from terminations of service of Members shall serve only to reduce future City contributions. SECTION 4-8 17. REPEAL OR TERMINATION OF SYSTEM. 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, 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, or if contributions to the System are discontinued, 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. Page 19 of 26 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 contribu- tions 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 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 Member in the service of the City on such date who is not entitled to an apportionment under paragraphs A and B in the amount equal to Member's Accumulated Contributions, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder 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 portion of the 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. 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 Page 20 of 26 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 fi ' rst 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 notwithstanding, City contributions which may be used for the benefit of any one of the twenty-five (25) highest paid Members on the effective date, whose anticipated annual retirement allowance provided by the City's contributions at Members normal retirement date would exceed $1,500, shall not exceed the greater of either a) $20,000, or b), an amount computed by multiplying the smaller of $10,000 or twenty percent (20%) of such Member's average annual earnings during hislastfive (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 Code, this paragraph shall be ineffective without the necessity of further amendment of this ordinance. 4. After all the vested and accrued benefits provided hereunder have been paid and after all other liabilities have been satisfied, then and only then shall any remaining funds revert to the general fund of the City. SECTION 49 18. EXEMPTION FROM EXECUTION, NOWASSIGNABILITY. 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 20 19. PENSION VALIDITY. The Board shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. The Board is empowered to purge the pension rolls or correct the pension amount of any person heretofore granted a pension under prior or existing law or any person hereafter granted a pension under this ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall hereafter under this ordinance be erroneously, improperly or illegally classified. Any overpayments or underpayments shall be corrected and paid or repaid in a reasonable manner determined by the Board. SECTION 24 20. FORFEITURE OF PENSION. 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 Page 21 of 26 employee from employer; C. Bribery in connection with the employment of a public officer or employee; D. Any felony specified in Chapter 838, Florida Statutes. E. The committing of an impeachable offense. F. The committing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employment position. i 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. SEQ-TION 22 21. INDEMNIFICATION. 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 Citv''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 mis- Page 22 of 26 feasance in office., SECTION -23 22. TRANSFERS WITHIN THE CITY. If a member of any of the City's three retirement systems transfers to either of the other two systems, he must choose one of the following procedures with regard to Credited Service accrued to date of transfer. The Member may take a refund of his Accumulated Contributions, in which event no pension benefit shall be payable based on Credited Service attributable to the period covered. 2. The member may leave his Accumulated Contributions in the fund in which event his Credited Service with both systems shall be combined for purposes of determining eligibility for benefits and for vesting. When the member is eligible to receive a benefit, he shall receive benefits from both systems, which shall consist of accrued benefits under each system based on the provisions of the respective system and the earnings and Credited Service under that system. SECTION 24 23. MILITARY SERVICE PRIOR TO EMPLOYMENT. The years or fractional parts of years that a General Employee serves or has served on active duty in the active military service of the Armed Forces of the United States, of the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, honorably or under honorable conditions, prior to first and initial employment with the City shall be added to his years of Credited Service provided that: The Member contributes to the Fund the sum tha ' t 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 enee and made by the Member an or before six (6) months frern the date of his employment with-the-Gity- Multiple requests to purchase Credited Service pursuant to this Section may be made at aDy time prior to Retirement. 3. Payment by the Member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section shall be four (4) years. 5. Credited Service purchased pursuant to this section shall not count toward vesting. SECTION 25 24. DIRECT TRANSIFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS. Rollover Distributions. A. General. This Section applies to distributions made on or after January 1, 1993 2002. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover Page 23 of 26 0-1 distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. 2-. B. Definitions. A-. 1 Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under section 401 (a)(9) of the Code; and the portion of any distribution that is not includible in gross income. Any portion of any distribution which would be includible in gross income will be an eligible rollover distribution if the distribution is made to an individual retirement account described in section 408(a), to an individual retirement annuity described in section 408(b) or to a qualified defined contribution I?Ian described in section 401 (a) or 403(a) that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. 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, an eligible deferred compensation plan described in section 457(b) of the Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Code and which agrees to separately -account for amounts transferred into such plan from this plan, an annuity contract described in section 403(b) of the Code, or a qualified trust described in section 401 (a) of the Code, that accepts the distributee's eligible rollover distribution. I lowever, This definition shall also apply in the case of an eligible rollover distribution to the surviving Spouse, an eligibleir-M11--nt plan ndmv*dus' refirement steleaunt of *nd*-v*dus' retirement annuity. G-. L31 Distributee: A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving Spouse is a distributee with regard to the interest of the Spouse. Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. 2. Rollovers or Transfers into -the Fund. On or after January 1, 2002, the System will accept, solely for thg_pgr gose of purchasing Credited Service as provided herein, permissible Member requested transfers of funds from other retirement or 12ension plans, � MQmber rollover cash contributions and/or direct cash rollovers of distributions r�ade on or after January 1, 2002, as follows: A. Transfers and Direct Rollovers or Member Rollover Contributions Page 24 of 26 IM rollover distribution from a gualified Plan described in section 401 (a) or 403(a) of the Code, from an annuity contract described in section 403(b) of the Code or from an eligible plan under section 457(b) of the Code which is,.maintained by a state, golitical subdivision of a state, or any agengy or instrumentality of a state or political subdivision of a state. The System will also accept legally permissible Member reguested transfers of funds from other retirement or pension plans. individual retirement account or annuity described in section 408(a) or 408(W of the Code that is eligible to be rolled over and would otherwise be includible in gross income. SECTION 26 25. REEMPLOYMENT AFTER RETIREMENT Any Retiree who is receiving a normal or early retirement benefit from the System and who is subsequently reemployed by either the City of Okeechobee or the Okeechobee Utility Authority shall elect to.- 1 Unless otherwise prohibited by law, continue to receive his retirement benefit, but in such event he shall neither accrue additional Credited Service nor be eligible for any other benefit under the System, except for the retirement benefit he continues to receive, or; 2. Discontinue his retirement benefit and begin to accrue additional Credited Service and be eligible for all other benefits under the System. SECTION 27 26. ADOPTION OF PLAN BY THE OKEECHOBEE UTILITY AUTHORITY Effective September 29,1995, the Okeechobee Utility Authority shall adopt this City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, by Resolution, to provide benefits to full time employees of the Okeechobee Utility Authority. For purposes of determining benefits under this system, employment by the Okeechobee Utility Authority shall be treated in the same manner as, and have the same effect as, employment by the City of Okeechobee, and there.shall be no lapse in plan membership or Credited Service due to transfers of employment between the Okeechobee Utility Authority and the City of Okeechobee. Where reference is made elsewhere in this document to "the City," such reference shall be deemed to include the Okeechobee Utility Authority, unless clearly indicated otherwise by context. SECTION 27. PRIOR QOVERNMENT SERVICE. Unless otherwise prohibited by law, the years or fractional parts of years that a general employee who waspreviously a member, but who terminated employment and is not otherwise entitled to credited service for such previous period of employment as a general employee, or the years or fractional parts of years that a member Rreviously served as an employee for any governmental agency in the United States, including but not limited to federal, state or local government service and for which he does not otherwise qualify for and receive credit under this system, shall be added to his years of credited service provided that: 1 The Member contributes to the Fund the sum that he would have contributed had he been a member of the System for the years or fractional parts of years for which he is reguesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus Page 25 of 26 payment of costs for all professional services rendered to the Board in connection with the purchase of years of Credited Service. 2. Multiple requests to purchase Credited Service pursuant to this Section may be made at any time prior to Retirement. 3. Payment by the member of the required amount shall be made within six (6) months of his or her reguest for credit, but, in any event, prior to Retirement, and shall be made in one lump sum payment upon receipt of which Credited Service shall be given. 4. There shall be no maximum purchase of Credited Service pursuant to this Section and Credited Service purchased shall count for all purposes including vesting. 5. In no event, however, may Credited Service be purchased pursuant to this Section for prior service with any other -governmental a-gengy, if such prio service forms or will form the basis of a retirement benefit or pension from another retirement system or plan as set forth in Section 14, subsection 8. B. Page 26 of 26 County, Florida, and the easterly right-of-way line of F.E.C.'s former East Team Track No. 5; thence S 07008'27" E, along a line parallel to and 20 feet east of said former East Team Track No. 5 for 115.45 feet to the Point of Beginning, also being the northeast comer of Parcel No. I of said "Okeechobee Lands;" thence S 89*49'42"' E along the north line of Parcels 1 2, 3, 4 and 5 of said "Okeechobee Lands" for 196.5 feet to a nail set with disc in a concrete building comer; thence S 00010*18" W along an east line of said Parcel 5 for 15.00 feet; thence S 89*49'42" E along a north line of said Parcel No. 5 for 41.75 feet to the northeast comer of said Parcel No. 6; thence S 000024 9" E along the east line of said Parcel No. 5 for 169.05 feet to the intersection with the north right-of-way of SW Second Street, extended west, (formerly known as Seventh Street) according to said plat of Okeechobee, also being the southeast comer of said Parcel No. 5; thence S 89054!07" W along said extended north right-of-way of SW Second Street, also being the south line of Parcel Numbers 5,4,3,2, and I of said "Okeechobee Lands", for 215.29 feet to the southwest comer of said Parcel No. 1; thence N 07006'27" W along a line 20 feet east of and parallel to the centerline of said former East Track No. 5 also being the west line of said Parcel No. I for 186.59 feet to the Point of Beginning. And A parcel of land lying in and being a portion of Section 21, Township 37 South, Range 35 East, described as Parcel B in said Warranty Deed recorded in Official Records Book 373, Page 45, and being more particularly described as follows; Beginning at the intersection of a line 10 feet westerly from and parallel to the centerline of the F.E.C.'s former East Team Track No. 5 and a line 10 feet easterly from and parallel to the centerline of the main track of the F.E.C. Railway; thence S 00*02'03" W along a line 10 feet east from and parallel to the centerline of said main track for 226.78 feet to the intersection with the north right-of-way line of SW Second Street (formerly Seventh Street) according to the plat of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida; thence N 89054*07" E along said extended north right-of-way line for 28.42 feet to the intersection with a line 10 feet west of and parallel to the centerline of said former East Team Track No.5; thence N 07006'39" W along a line 10 feet west of and parallel to the centerline of said former East Team Track No. 5 for 228.49 feet to the Point of Beginning. SECTION 4 INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). Page 2 of 3 -.0 SECTION 5 SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6 EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 829 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the I r day of July, 2003. ATTEST: Lane Gamiotea, City Clerk ADOPTED after first reading on the 15 day of July, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWD FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 3 of 3 f-375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 ,Staff Report � SmailmScale Land Use Amendment From IndusMal to Commercial Petition No. 03-005-SSA Applicant Tom W Conely IR Preparedfor: 7he City of Okeechobee Staff Report Small -Scale Comprehensive Plan Amendment G aneral Information Petition Number: 03-005-SSA Owner: Los Dos Compadres, Inc. Owner Address: 650 NW 98'h Street Okeechobee, FL 34972 Applicant: Tom W. Conely III Applicant Address: P.O. Box 1367 Okeechobee, FL 34973-1367 Applicant Phone Number: 863-763-3825 Applicant: Tom W. Conely III Petition No. 03-005-SSA Future Land Use Map Classification Existing Industrial Proposed Commercial District Industrial -Zoning Land Use Commercial Commercial -Existing Acreage 0.9733 0.9733 Density N/A N/A Access S.W. 7"' Avenue th S.W. 7 Avenue Location: 702 SW Second Street Legal Description: A parcel of land lying in and being a portion of Section 2 1, Township 37 South Range 35 East, described as Parcel Numbers 1, 2, 3, 4 and 5 of "Okeechobee Lands" in that certain Warranty Deed recorded in Official Records Book 373, Page 45, Public Records of Okeechobee County, Florida, and being more particularly described as follows: Commencing at the intersection of the southerly right-of-way line of South Park Street according to the plat of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, and the easterly right-of-way line of F.E.C.'s former East Team Track No. 5; thence S 07'08'27" E, along a line parallel to and 20 feet east of said former East Team Track No. 5 for 115.45 feet to the Point of Beginning, also being the northeast comer of Parcel No. I of said "Okeechobee Lands;" thence S 89'49'42" E along the north line of Parcels 1 2, 3, 4 and 5 of said "Okeechobee Lands" for 196.5 feet to a nail set with disc in a concrete building comer; thence S OO'l 018" W along an east line of said Parcel 5 for 15.00 feet; thence S 89'49'42" E along a north line of said Parcel No. 5 for 41.75 feet to the northeast comer of said Parcel No. 5; thence S 00'02'19" E along the cast line of said Parcel No. 5 for 169.05 feet to the intersection with the north right-of-way of SW Second Street, extended west, (formerly known as Seventh Street) according to said plat of Okeechobee, also being the southeast comer of said Parcel No. 5; thence S 89'54'07" W along said extended north right-of-way of SW Second Street, also being the south line of Parcel Numbers 5, 4, 3, 2, and I of said '"Okeechobee Lands", for 215.29 feet (PAGE I Staff Report Applicant: Tom W. Conely III Small -Scale Comprehensive Plan Amendment Petition No. 03-005-SSA to the southwest comer of said Parcel No. 1; thence N 07'05'27" W along a line 20 feet east of and parallel to the centerline of said former East Track No. 5 also being the west line of said Parcel No. I for 186.59 feet to the Point of Beginning. E m$e A parcel of land lying in and being a portion of Section 2 1, Township 3 7 South, Range 35 East, described as Parcel B in said Warranty Deed recorded in Official Records Book 373, Page 45, and being more particularly described as follows; Beginning at the intersection of a line 10 feet westerly from and parallel to the centerline of the F.E.C.'s former East Team Track No. 5 and a line 10 feet easterly from and parallel to the centerline of the main track of the F.E.C. Railway; thence S 00'02'03 " W along a line 10 feet east from and parallel to the centerline of said main track for 226.78 feet to the intersection with the north right-of-way line of SW Second Street (formerly Seventh Street) according to the plat of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida; thence N 89'54'07" E along said extended north right-of-way line for 28.42 feet to the intersection with a line 10 feet west of and parallel to the centerline of said former East Team Track No.5; thence N 07'06'39" W along a line 10 feet west of and parallel to the centerline of said fon-ner East Team Track No. 5 for 228.49 feet to the Point of Beginning. I Request: I The applicant requests a change in the Future Land Use Map classification of the subject property from Industrial to Commercial. (PAGE I Staff Report Small -Scale Comprehensive Plan Amendment North: Future Land Use Map Classification Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification Zoning District: Existing Land Use: Applicant: Tom W. Conely III Petition No. 03-005-SSA Commercial Commercial Central Business Morgan Fumiture (The bldgs appear to be attached) Commercial Commercial Central Business East of 7th Ave. Vacant Industrial Industrial Alley then Ferrell Gas Co. Single -Family Industrial Vacant strip and Auto Works west of that area. The property that is the subject of this Small Scale Plan Amendment needs to be brought into consistency with the Commercial Future Land Use category if that is the expected future use of this property. While there are apparent code deficiencies with the structure on site and lack of paved parking, it can be argued that the size of the property and other compatibility issues with surrounding uses would still favor a change from an Industrial to a Commercial Future Land Use Map classification. Development approval issues would be resolved at the Site Plan development review level. (PAGE ) Staff Report Small -Scale Comprehensive Plan Amendment Comprehensive Plan Analysis Applicant: Tom W. Conely III Petition No. 03-005-SSA A. Consistency with the Land Use Categories and Plan Policies. This Block, including the furniture store could be served by being Commercial in Future Land Use. B. Concurrency of Adequate Public Facilities The Utility Authority can provide sewer and water service for this site. Traffic ingress and egress would have to be more appropriately established for this site, but this can be done through the development review process. C. Compatibility with Adjacent and Nearby Land Uses The uses within the immediate area are fairly commercial in nature. The retail furniture store immediately to the North (picture attached) and the Gas Company to the South lend themselves to commercial rather than Industrial businesses. D. Compliance with Specific Standards of the Plan. Commercial standards specified in the Comprehensive Plan could be appropriate for this property. Analysis and Conclusions I This request for a Future Land Use Map amendment should be approved based on the data and analysis presented above. Submitted by: James G. LaRue, AICP June 12, 2003 IPAGE ) EE Building and Zoning Department COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Please check one: JZSmall Scale Amendment (Under 10 Acres) QLarge Scale Amendment (Over 10 Acres) Name of Property Owner LOS DOS COMPADRES, INC. Mailing Address 650 NW 98TH STREET, OKEECHOBEE, FL 34972 Home Telephone Work Telephone Name of Applicant, *If other than owner, (relationship) TOM W. CONELY, III (ATTORNEY) Applicant Mailing Address P-0- DRAWER 1367, OKEECHOBEE, FL 34973-1367 Home Telephone . Work Telephone 863-763-3825 Property Address/Location 702 SW SECOND STREET (BEHIND MORGAN'S FURNITURE) Property Parcel Number 2-22-37-35—OAOO-00001-0000; BOOO; 00004-0000 Current Zoning Designation iNDUSTRIAL Current Future Land Use Designation INDUSTRIAL Existing Use of the property COMMERCIAL Proposed Future Land Use Designation COMMERCIAL Proposed Use of the Property COMMERCIAL Size of Property (in acres) 0.9733 ACRES (42,400 SQUARE FEET) Description of Surrounding Properties NORTH — COMMERCIAL; WEST — COMMERCIAL; EAST — VACANT/COMMERCIAL; SOUTH — INDUSTRIAL/COMMERCIAL Legal Description of Property (Lengthy Description May Be Attached) SEE LENGTHY LEGAL ATTACHED Required Attachments: • Survey of Property (11 " x 14", 20" Scale) e Application Fee $500.00 • Letter Outlining Request a City Location map • *Notarized Letter of Owner's Authorization CoNELY & CoNELY, P.A. OFFICE LOCATION - 401 NORTHWEST SIXTH STREET, OKEECHOBEE, FLORIDA 34972 MAILINGADDRESS: POST OFFICE DRAWER 1367 OKEECHOBEE, FLORIDA 34973-1367 T.W. CONELY, JR. 1892-1969 Tom W. CONELY, III DEBORAH M. HOOVER General Services Office Building and Planning Department City of Okeechobee 55 SE 3 d Avenue Okeechobee, FL 34974 May 2, 2003 Re: Los Dos Compadres, Inc. Parcel Nos. 2-21-37-35-OAOO-00001-0000;BOOO;00004-0000 Dear Officials: TELEPHONE - (863) 763-3825 TELEPHONE - (863) 763-2767 FAcsimILE - (863) 763-6856 This office has been retained to represent Los Dos Compadres, Inc., in connection with a sale of the real property it owns that fronts on SW 7 th Avenue. This property is located immediately behind Morgan's Furniture Store on West South Park Street. My client has been using this property for commercial purposes since it acquired the property in December 1995 from James and Yvonne Morgan. The prior owners also used the property for commercial purposes during the time they owned it. My client has been informed by Donald Murray of LaRue Planning & Management Services, Inc., that the property is zoned Industrial and the commercial use is a non -conforming use. If the property is transferred and conveyed, the new owner must bring the property into compliance with its designated zoning classification. In other words the property would have to be used for industrial purposes and could not be used for commercial purposes by the new owner. In order to cure the problem my client has requested and authorized me to submit a Comprehensive Plan Map Amendment Application seeking to amend the future land use plan map to change the designated use of the subject property from Industrial to Commercial. In conjunction with the amendment of the future land use plan map I have also been requested and authorized to submit an application to re -zone the subject property from Industrial to Commercial. Please advise me if additional information is needed. Respectfully, Tom W. 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IaBNRSSY) 3.00.00.06N ism LOS DOS COMPADRES RECOMMENDED LEGAL DESCRIPTION A parcel of land lying in and being a portion of Section 21, Township 37 South Range 35 East, described as Parcel Numbers 1, 2, 3, 4 and 5 of "Okeechobee Lands" in that certain Warranty Deed recorded in Official Records Book 373, Page 45, Public Records of Okeechobee County, Florida, and being more particularly described as follows: Commencing at the intersection of the southerly right-of-way line of South Park Street according to the plat of OKEECHOBEE, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, and the easterly right-of-way line of F.E.C.'s former East Team Track No. 5; thence S 07'08'27" E, along a line parallel to and 20 feet east of said former East Team Track No. 5 for 115.45 feet to the Point of Beginning, also being the northeast corner of Parcel No. I of said "Okeechobee Lands;" thence S 89049142" E along the north line of Parcels 1, 2, 3, 4 and 5 of said "Okeechobee Lands" for 196.5 feet to a nail set with disc in a concrete building corner; thence S 00'10'18" W along an east line of said Parcel 5 for 15.00 feet; thence S 89049'42" E along a north line of said Parcel No. 5 for 41.75 feet to the northeast corner of said Parcel No. 5; thence S 00'02'19" E along the east line of said Parcel No. 5 for 169.05 feet to the intersection with the north right-of-way of SW Second Street, extended west, (formerly known as Seventh Street) according to said plat of OKEECHOBEE, also being the southeast corner of said Parcel No. 5; thence S 89'54'07" W along said extended north right-of-way of SW Second Street, also being the south line of Parcel Numbers 5, 4, 3, 2, and I of said "Okeechobee Lands", for 215.29 feet to the southwest corner of said Parcel No. 1; thence N 07'05'27" W along a line 20 feet east of and parallel to the centerline of said former East Track No. 5 also being the west line of said Parcel No. I for 186.59 feet to the Point of Beginning. And A parcel of land lying in and being a portion of Section 21, Township 37 South, Range 35 East, described as Parcel B in said Warranty Deed recorded in Official Records Book 373, Page 45, and being more particularly described as follows: Beginning at the intersection of a line 10 feet westerly from and parallel to the centerline of the F.E.C.'s former East Team Track No. 5 and a line 10 feet easterly from and parallel to the centerline of the main track of the F.E.C. Railway; thence S 00002'03" W along a line 10 feet east from and parallel to the centerline of said main track for 226.78 feet to the intersection with the north right-of-way line of SW Second Street (formerly Seventh Street) according to the plat of OKEECHOBEE, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida; thence N 89054'07" E along said extended north right-of-way line for 28.42 feet to the intersection with a line 10 feet west of and parallel to the centerline of said former East Team Track No. 5; thence N 07'06'39" W along a line 10 feet west of and parallel to the centerline of said former East Team Track No. 5 for 228.49 feet to the Point of Beginning. June 24.2003 - Land 2 of 4 11 AGENDA 11 ACTION - DISCUSSION - VOTE 11 111. New Business. A. Comprehensive Plan, Future LandUse Map Amendment Application No. 03-005- SSA. Consider a recommendation to the City Council, to change the land use designation from Industrial to Commercial located at 702 SW 2nd Street. The property owner is Los Dos Compadres, Inc. and the applicant is Tom Conely. Jock Robertson, representative of LaRue Planning and Management, City Planning Consultant, addressed the Agency by going over the staff s recommendations in the Comprehensive Plan Analysis. Mr. Robertson explained the staff s recommendation and mentioned the code deficiencies. The Agency questioned Mr. Robertson about the deficiencies. Mr. Conely, representing the owners of the property, addressed the Agency stating that the changing the Future Land Use Map Amendment is the first step to bring this property into compliance. I There was no further public comment. There was no further discussion from the Agency. Agency Member Ledferd moved to recommend to the City Council to approve the request for the Comprehensive Plan, Future Land Use Map Amendment Application 03-005-SSA based on the planning staff" s recommendations. seconded by Agency Member Keller. VOTE CREECH - YEA HOOVER - YEA JONES - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA WALKER - YEA MOTION CARRIED. ExHIBIT 5 - JULY 15 AGENDA ORDINANCE NO. 830 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part 11, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as foHows: SECTION I SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment", pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2 AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part 11, Florida Statutes. SECTION 3 REVISIONS TO THE FUTURE LAND USE MAP. The following described land is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 03-006-SSA, from Residential Single Family to Residential Multi -Family. The Legal Description of Subject Property is as follows: Lots I through 7 and Lots 10 through 26, Block 18, City of Okeechobee, according to the plat thereof as recorded in Plat Book1l, Page 10 of the Public Records of Okeechobee County, Florida. SECTION 4 INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. Page 1 of 2 It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5 SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6 EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 830 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 15t" day of July, 2003. ATTEST: Lane Gamiotea, City Clerk ADOPTED after first reading on the 15'hday of 4ul y, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 ff75 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-33166 Staff Report - Smallm.Scale Land Use Amendment From Single Family to Muld-Family Petition No. 03-006-SSA Applicant: George Goodbread Preparedfor.- 7he City of Okeechobee Staff Report Applicant: George Goodbread Small -Scale Comprehensive Plan Amendment Petition No. 03-006SS-A I G(neral Information Petition Number: Owner: Owner Address: Owner Phone Number: 03-006-SSA George Goodbread 12575 Highway 70 E. Okeechobee, FL 34972 863-763-2838 Future Land Use Map Classification Existing Proposed Single -Family Residential Multi -Family Residential Zoning District Holding except lots 7 & 20 (RMF) Zoning would follow if FLUM is approved Use of Property Vacant Multi -Family Acreage 3.5 3.5 Density N/A Could be 35 dwelling units) Access 12th Street TtF_ th I I & 12 Street Location: NE 12'h Street, Okeechobee Legal Description: Lots 1-7, Block 18 & Lots 20-26, Block 18 Rc�quest: The applicant requests a change in the Future Land Use map classification of the subject property from Residential Single -Family to Residential Multi -Family. The subject property is situated approximately two hundred feet east of U.S. 441 and is bordered by N.E. 12th Street on the north and N.E. I I 1h Street on the south. The property is 3.5 acres in size and is presently vacant with trees and undergrowth on the lots. Most of the subject lots are in a Holding Zoning category except lots 7 and 20 which are Residential Multi - Family. If developed, the property could have approximately 35 dwelling units on site. In terms of location, the subject property is behind or east of the Family Health Clinic which fronts on 441 (Parrot Avenue) and there is a single family home abutting the western edge of the property on N.E. I I th Street. The scattered dwellings to the South along I I 1h street look to be duplexes or Multi -Family. Other surrounding areas to the h North and East contiguous to this property are vacant wooded areas. In reality I It Street and 12 th Streets are not paved at this point and N.E. 3 d Avenue is not a functioning street at this location. (PAGE I Staff Report Api;iicant: George Goodbread Small -Scale Comprehensive Plan Amendment Petition No. 03-006SS-A Subject Property I Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification Zoning District: Existing Land Use: East: Future Land Use Map Classification Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single -Family Holding Vacant lots on 12'h Street Single -Family Residential Multi -Family Vacant (woods) Single -Family Residential Multi -Family on I I th Street (duplexes) Commercial Residential Multi -Family Single Family residence on I Ith street. Further west is the Family Health Clinic fronting 441. Single Family Residence Back of Health Clinic {PAGE I Staff Report Applicant: George Goodbread Small -Scale Comprehensive Plan Amendment Petition No. 03-006SS-A Summary: The Future Land Use Map request is reasonable in this specific situation as the Multi -Family uses are appropriate at this location. The neighborhood is not fully developed currently and its streets can be constructed coincidental to the development of this property. Concurrency issues will also be resolved. C 3mprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. This property, with its location and because of it's size (over three acres), could be considered to be consistent with a Multi -Family designation. Concurrency issues would have to be resolved however and a preliminary traffic impact analysis should be undertaken to demonstrate that traffic impacts of a Multi -Family nature can be accommodated at this location. B. Concurrency of Adequate Public Facilities The Utility Authority has sewer and water service available for this site. Roads (12 Ih and I I th Street) would have to be built if development were to occur at this location. There would be some developer responsibility for this infrastructure to be constructed prior to development. C. Compatibility with Adjacent and Nearby Land Uses The subject property is located directly behind a busy arterial with adequate access to that thoroughfare. There are also potential buffering opportunities because of the large size of this parcel. Additionally, compatibility for Multi -Family use within this neighborhood is achievable because several of the surrounding properties are vacant. D. Compliance with Specific Standards of the Plan. Specific standards of the Comprehensive Plan would be met if this property were to become Residential Multi -Family. I An 3lysis and Conclusions I This request is consistent with the City's Comprehensive Plan policies. Based on the above information it is appropriate for the Multi -Family map revision to take place. The applicant however should demonstrate what the traffic impacts are for Single - Family versus Multi -Family development for this site. Submitted by: James G. LaRue, AICP June 12, 2003 (PAGE I CITY L OKEECHQ13EE Buffilffig and Zoning Department COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Please check one: 'USmall Scale Amendment (Under 10 Acres) 01-arge Scale Amendment (Over 10 Acres) Name of Property Owne 011"Ar-c MailingAddress OLrac,(-Lc�ec tl. >--1�7'7z- Home Telephone Z F35 WorkTelephone -263-�Yll Name of Applicant, *If other than owner. (relationship) Gle_uqz� C-ZoCC1'kr-CCkA Applicant Mailing Address J-; llc'�� Home Telephone 33 Work Telephone -ZS'3$ Property Address/Location � (- �- Property Parcel Number I o — &) I Y Current Zoning Designation Current Future Land Use Designation Existing Use of the property Xproposed Future Land Use Designation Proposed Use of the Property I Size of Property (in acres) Description of Surrounding Properties a -rA C., J, -�-' 'Y" t a Legal Description of Property (Lengthy Description May Be Attached)(/ t:�l 64 4- o f- /--7 731c,��jt / 6 ;2 0-;� (� 751(:,c((- /:� Required Attachments: • Survey of Property (111" x 14", 20" Scale) • Letter Outlining Request • *Notarized- 1. tter f ner' thorizat on Signature. 9(a • Application Fee $500.00 • City Location map Date Commercial Acreage a Groves Residential A Full Service Real Estate Firm Licensed Real Estate Broker State Cert. Res. REA 3326 May 20, 2003 City of Okeechobee General Services 5 5 SE 3 rd Avenue, Room 10 1 Okeechobee Fl, 34974-2903 RE: Zoning on lots I thru. 7 and lots 20 thru 26 block 18 Dear Sir or Main, Mr. George Goodbread owner of Gagbee Inc. would like to change the future land use for the property with the legal of City of Okeechobee lots I thru 7 and lots 20 thru 26 block 18 to Residential Multi Family. Thank you for your consideration. es ect i ed ctf y Mar (4ad G o re 104 N.W. 7th Avenue e Okeechobee, Florida 34972 e-mail: realestate(i� website: www.tucker-group.com ,tucker-group.com e Commercial Acreage e Groves Residential A Full Service Real Estate Finn Licensed Real Estate Broker State Cert. Res. REA 3326 June 16, 2003 City of Okeechobee General Services # 10 1 City Hall Southeast 3 rd Ave Okeechobee Fl 34972 RE: Lots I thru 7 and Lots 20 thru 26 Block 18 To whom it may concern, The owner of Gagbee Inc. Mr. George Goodbread has authorized me to manage his affairs with respect to the zoning of the property described above. Thank you for your consideration. Respectfully S bmitt ft re �\J J/ Mark Goodbread Lic. Real Estate Agent 104 N.W. 7th Avenue 9 Okeechobee, Florida 34972 e-mail: reale state(�,)tuc ker- group. com * website: www.tucker-group.com X\ 5 3 NW 33 CIF: 4 L >i >1 >, NW 36TH ST 718 ;1 > 1 -z >, 4-4 S 5LA T— ST NW 3C 3: 13.: Z z! Z 32 ST NW 30 LA 3;, OBEE 0 KEE( HOBEE �-;,-.-,,,C,,HCO3MFLEX z Al - a 115 15 ."Colur. y "NW 23 z MAN U iver NIN 22 LA Indian CDM 'nity N 21 LA 441 C I lege LA 20 DEO ARENA HOSPITAL N- 17 Cb tklm NW.- is ST INDUSTR.�A—L Z > NW is ST Nursing PARK I Nw 14 S7 Home -7ry-71=-7 U"17SI LST Clinic 13 > 700 "If—s< T 13_1 Ell 1= --- ST F7 NW > NW z 0] ST E 1 10 NW 9 Fi� —N E7= R --- �—POR5 _J7 CSx 17FI-6—ii TRAN 1w 8 ST > LUT 0 1 4' UZILL F>-71 F; ST '0 k-- 93> ST LU >< > SIN Sw 20, k 21 10 ...... NE-15 T, 0,>> F4� E: E4 R E: I Fm ]'Z�"-2` E =ST > > 1910H=1 7 "Vvy Sw -'11 ST MilaD > Q;j- T �-1 1 T LU L1-9--LA I Sw 20 r3j ISW 21 ST V) LU CIR ST 29 28 �E 2 1275 ,7ST WOLFF RD L4t 28TH ST Cedar, Pluai DURRAN E RD Sw 32NO ST > 7 F SW 15 LLS;-�W�35L=7� _W C.R 'r cc,.7 SW 37 r.1pichobee > 'i SW '39 L 32 3 33 700 7 I �SM Cv) N CE 11 LA 7� E 14 > > 6 CTIF w > Uj CENTER ST ST 11 �Z -x I ST 11 ki < s 4 M11SE L4 > E ka[l EIA S aE] > [->] z �EM 1 0 A 23 �LSF— .SE 8 Sr P r 0 EECHOBEE >1 t5i, --1 'MAIN IMRON 1 -C7=1 00LF- �COUNTRY in CLUB —CT CR K S 626 OR L:iE 26 -�T 1[-!E --S — 3 0 > [,F. ST T SE 36 DR i,., F.' > '-I lip; r,-T > R-1 '313 C=:!l Lui UJI W C)U) 35 jEj 401 PUMP S rATION ci i NOD'D4'36-N 150 32 F 1 150 (P) IF.P) NOD-01*12-H 150 22'(Fj JW'jPj ITI tg 6: un 12 F3 fL ON UJ 11) lbo IPI w(p) S." 05,16-1 119 TWIT) MAP) n ji ITT I =T I p I aeRC*TL REr WAIN MDT BUILT June 24, 2003 - Land Planning Agency - Page 3 of 4 11 AGENDA 11 ACTION - DISCUSSION - VOTE ___J1 IV. New Business continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 03-006- Jock Robertson, representative of LaRue Planning and Management, City Planning Consultant. SSA. Consider a recommendation to the City Council, to change the land use addressed the Agency by going over the staff s recommendations in the Comprehensive Plan designation from Single Family to Multi -Family located within the 200 block Of Analysis. Mr. Robertson stated that LaRue was recommending approval, however the applicant NE I It' Street and 12'h Street. The property owner and applicant is Gagbee, the should demonstrate what the traffic impacts are for Single -Family versus Multi -Family applicant is George Goodbread, and representing the applicant is Mark development for this site. The Agency questioned if a traffic impact study should be done. Mr. Goodbread. 11 Robertson stated that the traffic impacts can be addressed at the rezoning. C. Comprehensive Plan, Future Land Use Map Amendment Application No. 03-007- SSA. Consider a recommendation to the City Council, to change the land use designation from Single Family to Multi -Family located within the 400 Block of SE 5th Street. The property ow-ner is 4B. Inc., the applicant is Bud and Ami Neese. There was no further public comment. There was no further discussion from the Agency. (- Agency Member Keller moved to recommend to the City Council to approve the request for the Comprehensive Plan, Future Land Use Map Amendment Application 03-006-SSA based on the planning staff s recommendations. seconded by Agency Member Ledferd. VOTE CREECH - YEA HOOVER - YEA JONES - YEA KELLER - YEA LEDFORD - YEA MAVROIDES - YEA WALKER - YEA MOTION CARRIED Jock Robertson, representative of LaRue Planning and Management, City Planning Consultant. addressed the Agency by going over staff's recommendations in the Comprehensive Plan Analysis. Mr. Robertson discussed the surrounding area and stated that apartments would be out of place! and could generate problems with parking, as well as additional traffic conditions due to the narrowness of South East 6 1h Avenue. In conclusion, planning staff is recommending denial. The Board had some questions for Mr. Robertson, they had a brief discussion about the traffic issues. It was stated that these traffic concerns would be addressed at Site Plan Review, and is not the basis of approval or denial. Mr. Bud Neese, applicant, addressed the Agene-,. Mr. Neese and Mr. Robertson got into a discussion regarding the existing zoning of the subject property and the adjacent properties �N hich currently have Multiple Family structures. EXHIBIT 6 - JULY 15 AGENDA ORDINANCE NO. 831 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) for a small-scale amendmentto the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part li, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as follows: SECTION I SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment", pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2 AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part 11, Florida Statutes. SECTION 3 REVISIONS TO THE FUTURE LAND USE MAP. The following described land is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 03-007-SSA, from Residential Single Family to Residential Multi -Family. The Legal Description of Subject Property is as follows: East one-half of Lots 20, and Lots 21, 22, 23, and 24 of Block D Central Park, according to the plat thereof recorded in Plat Book 2, Page 29, Okeechobee County, Florida. Page 1 of 2 SECTION 4 INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5 SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6 EFFECTIVE DATE. The effective date for the enactment of Ordinance No.831 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 151hday of j"I , 2003. ATTEST: Lane Gamiotea, City Clerk ADOPTED after fi rst read i ng on the I 51hday of July, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 IT75 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Revised Staff Report - SmallwScale nd Use Amendment From Single Family to Multi -Family Petition No. 03-007-SSA Applicant: Bud-Ami Neese Preparedfor 7he City of Okeechobee Staff Report Applicant: Bud-Ami Neese Small -Scale Comprehensive Plan Amendment Petition No. 03-007-SSA I Caneral Information Petition Number: 03-007-SSA Owner: 4B, Inc. Edward Bobbitt Owner Address: Post Office Box 425, Okeechobee, FL 34973-0425 Owner Phone Number: 863-763-7423 wk: 863-763-2108 Applicant: Bud-Ami Neese (Proposed buyer) Applicant Address: 3355 S.E. 44 1h Avenue, Okeechobee, FL 34972 Applicant Phone Number: 863-467-1545 wk: 863-763-1598 Future Land Use Map Classification Existing Single -Family Proposed Multi -Family Residential Zoning District Multi -Family (would remain RMF if approved) Use of Property Vacant Rental Apartments Acreage 0.705 0.705 Density 4du/acre 10 du/acre Access _§_E_6'5_Ave. & SE 5"' Streets SE 6"' Ave.& SE 5 1h Streets Location: S.E 5'h Street, Okeechobee Legal Description: East '/2of lot 20 & Lots 21, 22, 23 & 24 Block D Central Park according to the plat thereof recorded in Plat Book 2, Page 39, Okeechobee County, Florida. I Request: The applicant requests a change in the Future Land Use Map classification at the subject property from Single Family to Residential Multi -Family. The property is 0.705 acres in size. This would allow approximately 7 units as the RMF Zoning district and the Residential Multi -Family category allows 10 dwelling units to an acre. The property (SE 6th Avenue and S.E. 5 th Street) is a comer lot and is vacant. (Pictures are included). The current zoning for this property is RMF. Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Bud -Am! Neese Petition No. 03-007-SSA Adjacent Future Land Use Map classifications and Zoning Districts: North: East: South: Future Land Use Map Classification: Zoning District: Existing Land Use: Future Land Use Map Classification: Zoning District: Existing Land Use: Looking South Future Land Use Map Classification Zoning District: Existing Land Use: West: Future Land Use Map Classification Zoning District: Existing Land Use: Single -Family Multi -Family Duplexes Single -Family Residential Mobile Home Single Family Mobile Homes Single -Family Residential Mobile Home Single Family Mobile Homes Single -Family Multi -Family Duplex The surrounding area is a less intense density than a Multi -Family neighborhood (Single - Family on FLUM). Apartments would be out of place in this area and problems of parking and general traffic conditions would be magnified by the narrowness of South East Sixth Avenue. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. In examining the Multi -Family Future Land Use category the subject property would seem to be more consistent with Comprehensive Plan policies by remaining in the Single Family Future Land Use classification and have development limited to single family residences. Or - Staff Report Applicant: Bud-Ami Neese Small -Scale Comprehensive Plan Amendment Petition No. 03-007-SSA B. Concurrency of Adequate Public Facilities The Utility Authority has sewer and water service availability for this site but the transportation impacts would seem to be substantial as the residential streets are narrow, especially SE Sixth Avenue. Adding Multi -Family units and their additional parking impacts could present traffic problems because of the existing limited street capacity. C. Compatibility with Adjacent and Nearby Land Uses The existing neighborhood seems to reflect a low level of residential intensity with a duplex of conventional construction to the west of this property and single family mobile homes immediately to the south and east. Residential Multi -Family apartments would be inconsistent with the existing pattern of the neighborhood. D. Compliance with Specific Standards of the Plan. There is no evidence presented to show this property in terms of infrastructure capacity and compatibility would be best served by changing its Future Land Use classification to Residential Multi -Family. Aialysis and Conclusions The request to change the Future Land Use designation for the subject property from Residential Single Family to Residential Multi -Family should be denied based on the above information. Submitted by: James G. LaRue, AICP June 12, 2003 r%11rV : j EE Buffifing and Zoijing Department COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Please check one: Scale Amendment (Under 10 Acres) 01-arge Scale Amendment (Over 10 Acres) Name of Property Owne Mailing Address 0 Home Telephone �23 Work Telephone '76 3 - f2lo 3 Name of Applicant, *If other than owner, (relationship) AX2 A)P-EsE Applicant Mailing Address S - eF 4 4/,-- Al 6e E- Home Telephone-9 6� - 46-7-1"� - 4-� — WorkTelephone Property Address/Location Property Parcel Number Current Zoning Designation Current Future Land Use Designation Existing Use of the property — Proposed Future Land Use Designation ZY T; '64 In/ Z' Proposed Use of the Property X 1W I �_— Size of Property (in acres) do (2 Description of Surrounding Properties 111b(Z-1-i- I A) 0 7? /-� � + ) S / V 63 / e�- AH '-� �T4 e, -r / i X RE Legal Description of Property (Lengthy Description May Be Attached) EA-5 -� �� OF 3 ffM/ -Z) (2 EA,1-67,4 Z- ' PlAk 4Z,-- 4'2 bi&-7L e 0 C e> k d 6 (2// I'Al )'Z,4 T- Eo 0/.� 2 (20eA.,1b" F1 0 J Required Attachments: • Survey of Property (11 " x 14", 20" Scale)./ • Letter Outlining Request • *Notarized Wter of 0\#/ner's Authonzpficyl SionalLfre • Application Fee $500.00 • City Location map Date 03 4B, Inc. P. 0. Box 425 Okeechobee, FL 34973 April 28, 2003 To the City of Okeechobee: This is a legal letter of authorization for Bud and Ami Neese to proceed with the application to accept the comprehensive plan amendment pertaining to Central Park East 1/2of Lot 20, Lots 21, 22, 23, and 24, Block D. Sincerely, Edward Bobbitt 4B, Inc. State of Florida County of Okeechobee Before me appeared, Edward Bobbitt, personally known by me, on this 28th day of April, 2003. 0FHQAMMWY'ML Notary Public 0 LGE K BRAZIL �7m.A INOTARY PUBM Sr XTE OF FLORIDA COMMMIGN NO CC916M MY COMMISSION EXP MAR. 72W4 QUALITY AIR CONDITIONING FAX MEMO To: _':FTTy7F OKEE D USE PLA FUTURE LAN 7 From ]BUD & AMI NEESE Date 15/23/3 TO WHOM THIS MAY CONCERN: MY NAME IS BUD NEESE (SAMUEL G.J, MY WIFE, AMI & I ARE PROPOSING TO PURCHASE 4.5 LOTS IN THE CITY LIMITS FOR THE PURPOSE OF BUILDING RENTAL, APARTMENT UNITS. THE CURRENT ZONING IS MULTI -FAMILY. THE PROPERTY IN QUESTION IS ON S.E. 5TH STREET, THE PARCEL I.D.# IS #3-22-37-35-0030- OOODO-0200. WE APPRECIATE YOUR CONSIDERATION IN THIS MATTER, THANK YOU. memo.ffm w Nil po tam Oft 5 0 @6— HIV�N �7 64 in 0 2�, 6j, — - — - — - — 1� — - — - — - — - E AT. !LVIkIlUt . . . . . . . . . . . . . . . — - — - — - — - — - ---------- ------ ------- --- --- Ei 10 OE I V, I 10 „.9 < -IT L L� 1LIJ 7Jr L-L, ILL' --T Ir- -r-” 71 77, . Ij ITt LLI +11 7-i- IT � T"i Toi I � , I I 0 ILC ;E7),1 E PITI Z e 9 C, 94 .61K -IT L L� 1LIJ 7Jr L-L, ILL' --T Ir- -r-” 71 77, . Ij ITt LLI +11 7-i- IT � T"i Toi I � , I I 0 ILC ;E7),1 E PITI Z e 9 C, 94 .61K 8637633787 /2 F_Nlap e- FAGE Op-.,'07 Pagel ofl 9 T Im iWe S.E.4 TH STrR,;-:ET 4 .... 75 10 1 30000-DI70 DAVE AMY 21,21 22 28 24 .3 14 15 16 7 18 11 http:/!�,N-wv.okeechobecpa.com/GlSfF—Map.asp 2 515103 05/ 05/20031 16: 45 86'37633't97 PAGE 0 6,.-" 0 7 F—Map Page 1 of I 041 y DAVIS 10 14 IS I� 17;', to Al 2 0 1 22 24 21,� tS 271 6 4 tlttp://'NA,N,vw,ok.eechob"pa-conVGTS/F—Map.asp S2.5 TH STREET 1, '1 9 '7 6 'S 515 T-1) June 24, 2003 MEMO Planning Board Re: Neese application I reviewed this application today with Carolyn; and as I may not be able to attend tonights meeting, I had a comment on this particular application. The main objection of the planner seems to be congestion and/or parking issues for the neighborhood. As you are aware, your decision on this application is to determine whether the future land use map should be changed to match the current zoning designation of RMF, and considering whether this future land use comports with the scheme of our comprehensive plan, and the surrounding uses. The maximum parking for this parcel would be 16 paved off street parking spaces, if the total of 7 units were constructed, and if they were an 3-4 bedrooms each. The actual use for the property is most likely something less than this. I believe that if the board is of the opinion that this future land use is appropriate for this area of the city, then the off street parking issues can be adequately addressed at site plan review by city staff. Thus, the parking or congestion issues for this land use change should not be an obstacle to the board's decision. John R. Cook City Attorney AGENDA IV. New Business continued. B. Comprehensive Plan, Future Land Use Map Amendment ApplicationNo. 03-006- SSA. Consider a recommendation to the City Council, to change the land use designation from Single Family to Multi -Family located within the 200 block of NE I I 1h Street and 12" Street. The property owner and applicant is Gagbee, the applicant is George Goodbread, and representing the applicant is Mark Goodbread. C. Comprehensive Plan, Future Land Use Map Amendment Application No. 03-007- SSA. Consider a recommendation to the City Council, to change the land use designation from S ingle Family to Multi -Family located within the 400 Block of SE 5th Street. The property owner is 413, Inc., the applicant is Bud and Ami Neese. June 24, 2003 - Land Planning Agency - Page 3 of 4 ACTION - DISCUSSION - VOTE Jock Robertson, representative of LaRue Planning and Management, City Planning Consultant. addressed the Agency by going over the staff s recommendations in the Comprehensive Plan Analysis. Mr. Robertson stated that LaRue was recommending approval, however the applicant should demonstrate what the traffic impacts are for Single -Family versus Multi -Family development for this site. The Agency questioned if a traffic impact study should be done. Mr. Robertson stated that the traffic impacts can be addressed at the rezoning. There was no further public comment. There was no further discussion from the Agency. Agency Member Keller moved to recommend to the City Council to approve the request for the Comprehensive Plan, Future Land Use Map Amendment Application 03-006-SSA based on the planning staff's recommendations, seconded by Agency Member Ledferd. VOTE CREECH - YEA HOOVER -YEA JONES - YEA KELLER - YEA LEDFORD - YEA MAVROIDES - YEA WALKER - YEA MOTION CARRIED Jock Robertson, representative of LaRue Planning and Management. City Planning Consultant. addressed the Agency by going over staff, s recommendations in the Comprehensive Plan Analysis i Mr. Robertson discussed the surrounding area and stated that apartments would be out of place,, and could generate problems with parking, as well as additional traffic conditions due to the narrowness of South East 6t' Avenue. In conclusion, planning staff is recommending denial. The Board had some questions for Mr. Robertson, they had a brief discussion about the traffic issues. It was stated that these traffic concerns would be addressed at Site Plan Review, and is not the basis of approval or denial. Mr. Bud Neese, applicant, addressed the Agency. Mr. Neese and Mr. Robertson got into a discussion regarding the existing zoning of the subject property and the adjacent properties which currently have Multiple Family structures. AGENDA IV. New Business continued. V. Comprehensive Plan, Future Land Use Map Amendment Application No. 03-007- SSA, continued. V. ADJOURNMENT -CHAIRPERSON. PLEASE TAKE NOTICE AND BE ADVISED that if anN person desires to appeal any decision made bv the land P':nn'n' Agency with respect to any matter considered at this proceeding, such interested person will need a record ofthe proceed,. � ad forsuch purpose may need to ensure averbatim record ofthe proceedinszs is made, which record includes the testimony � upon which the appeal is to be based. City Clerk tapes are for the sole purpose ofbackup for official records ofthe C Jerry Walker, Chairperson I ATTEST: Katrina Vinson, Secretary June 24, 2003 - Land Planning Agency - Page 4 of 4 ACTION - DISCUSSION - VOTE There was no further public comment. There was no further discussion from the Agency. Agency Member Keller moved to recommend to the City Council to approve the request for the Comprehensive Plan, Future Land Use Map Amendment Application 03-007-SSA, seconded by Agency Member Hoover. VOTE CREECH - YEA HoovER-YEA JONES - YEA KELLER - YEA LEDFORD - YEA MAVROIDES - YEA WALKER - YEA MOTION CARRIED There being no further items on the agenda. Chairperson Walker adjourned the meeting at 7:53p.m. EXHIBIT 7 - JULY 15 AGENDA ORDINANCE NO. 832 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS, ALLEYWAYS OR STREETS LOCATED IN BLOCKS 128,135 AND A PORTION OF NORTHWEST 3 RD STREET, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: Section 1: The alleys, alleyways or streets described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: Any and All alleyways located in Block 128, CITY OF OKEECHOBEE as recorded in Plat Book 1, Page 10, and Plat Book 5, Page 5, Public Records, Okeechobee County, Florida, more particularly described as those alleyways running East to West between Lots 1, 2, 3, 10, 11 and 12 and North to South between Lots 3, 4, 5, 6, 7, 8, 9 and 10. Any and All alleyways located in Block 135, CITY OF OKEECHOBEE as recorded in Plat Book 1, Page 10, and Plat Book 5, Page 5, Public Records, Okeechobee County, Florida, more particularly described as those alleyways running East to West between Lots 1, 2, 3, 10, 11 and 12 and North to South between Lots 3, 4, 5, 6, 7, 8, 9 and 10. That portion of Northwest 3 rd Street between Northwest 6 1h and 7th Avenues and between Blocks 128 and 135, CITY OF OKEECHOBEE as recorded in Plat Book 1, Page 10, and Plat Book 5, Page 5, Public Records, Okeechobee County, Florida. Section 2: The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility purposes in and over the portion of Northwest 3' Street, CITY OF OKEECHOBEE. Page 1 of 2 Section 3: The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section 4: This ordinance shall be set for final public hearing the 1 9th day of August, 2003, and shall have an effective date of the last date of the following documents being recorded on the public record with th clerk of Court, Okeechobee County, Florida: INTRODUCED for first reading and set for final public hearing this 15 1h day of July, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED and ADOPTED on second and final public hearing this 1 91h of August, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 ROOM- 001 111111111111111H 0 1JR-INIP11111 0.11,11 P I I I I I I loll 1 11:01:11111111 11 )1 6 9 1 9 't It 1 6 9 L 9 Iz, I it Ot 6 6111 ZRI 31 6 9 1. 9Z 9z tz 411410-Z 519IJ91901 z v * q 9 m I z c s 9 9 9 a � INNS .4 t 1 z c # 6 MORON 1 z c * 9 9 pan 1 9 6 01 it ZL Et zi It ot 6 9 L Lo Is Z1110L 6 9 Z aW MN 0 I 111i[116,19111W n 6 9 L liko zi ZI It 1 6 9 RGZ tZ41, I OZ 4 i4fl m cm 041 mm I z c 9 9 1 z c 9 9 1 1 JZ 9 z ZI It Ot 6 9 L 000 IS it 1 6 a L Hit MN It Mi 1 9 L it 9 9 Ili 16 9 z (000 IS Hit IAN Z OZ 6L I I I I � I z F9 z c *9 9 13 ITZ If H G 1 9 111jery 4i F - - L ao,"o Jl!jaqS Ajunoo 404 . oaa)lo C: rn IZ ETT''T m I c 9 4 1 I H, F L I 4.L16191] M - V 19 11 HLG IAN I;L/,/ - - ,11A '$161211 #f III I v -rqw 9 I -ell 1 Z t I z1cff rl m � Co IS 1JIS IAN z I L�Ljtj do � 41� c 1*1Q1 9 L 91+t1it�fl It 91 9 1 4]6191] It H'FIG1,11 It (.0 )IS RL91 IAN It I z c 7 1+1+16191 +116191] X) R19 AN El I I MITTI �;1101+11 'PIR 01 6 m at Im =07 6 1 61 C000 IS RIL MN I =0 —o,,—ir -6--- a = slogils posolo Buipunomn, 1. LA I 9t Q A 91 ---1, Li 9 91 9 1 ZA I 9 A-101. L it c zi —z7— it it - I I P 7 -- T -- �=- - --- - - m � - in -------------------- "LLUT, CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: The foregoing instrument was acknowledged before me this Q) I M by (dite) William Royce, who is personally known to me. L2a1--11,y-Lrn( 1&�Notary Public, Commission NoW9-1'01ej (sighature) _(Name of Notary typed, printed or stamped) Susan Lynn Pilgrim MYCOMMISSION# CC950108 EXPIRES June 28, 2004 SONOED THRU TROY FAIN JNSURANC� INC . . .... f -Nu" N OT5: Att�q Widd fitl6`6 id:S hdibA(s) � i m ore,", a n two pro'pq'Fty,,, qW,q a gna prev.,no ed alsoll involved'withlhe-ir�'fl- t tanz 0001830MIRD 36 s 5 13 Os- BCCX 99 nu 715 EXECUTOR'S DEED This Deed made this day c February, 1967, between qOM W. McGARRY asid ATLANTIC NATIO NAL BANK OF WEST PALM BEACH, FLORIDA, a National Banking Corporation, as Executors of the Will �Of Joe Bongiovanni, deceased, -and-not -individually, as, Grantors-, 16nd OKEECHOBEE COUNTY, a Political subdivision of the State . of �Florida, Okeechobee, Florida, as,Grantee. W I T N F S S E T Zii That the Grantors by virtue of the power and the authority 1�:to them given in an6 by said Last Will and Testament of -Joe �:Burigiovanni, Deceased, and in consideration of the a= of 1�12,000.00 paid by the Grantee, the rec eipt whereof is hereby ��acknowledged, have granted, bargained, a . old, conveyed an'd'confirn'ied ,�and by these presents do grant, bargain, -sell, convey and confirm �1,lunto the Grantee, its succes. s'ors and assigns, forever, the I:foll'owing described Jan' p d situate, lying -and being in the County ;iof Okeecholoce, State of Florida, to -wit.. Lots I to'12 inclusive of Block 128 and Lots i to 12 1 inclusive of Block 135, OKEECHOBEEj according to i; the plat thereof recorded in Plat Book 2, page 17, Public records Of St. Lucie County, Florida. together with all and singular the tenements, hereditaments and !appurtenances thereto belonging or in anywise. appertaining: and the reversion and reversions and remainder and remaind era, renta, ,issues and profits thereof; and al so all the estate,lright' title, ji.nterest, propert-, POssession,.claim and demand whatsoever' both in :�aw and equity which the Testator had in his lifetime, and at the :,time of his deceased, and which the Grantors have by virtu' e 0 f th e :Said Last Will and Testament, or otherwise, 0.4,.in and to the above ,granted premises, and every part and parcel. thereof, with the !appurtenances INDEXED &'VERIFIED ERECT INDI EMENE TO RAVE AND -TO HOLD all and singular the above granted 3remises together with the appurtenances and every,part thereof ix�to the grantee, his heirs and as's igns forever. IN WITNESS WHEREOF, the Grantors ha-,.. hereto set their hands' 3nd seals the day and year first above written. d, scaled and delivered i(n�the presence of, AL) J0 n W. McGarr ATLANTIC NATIONAL BANX OF WEST PALM AEACHO FLORIDA I(Co��b*orate Seal) Bp= J �resident Cashier An Executors of the Will of Joe Bongi6vanni,'deceaBed. ISTATE OF FLORIDA COUNTY OF. PIU.M BEACH 1, an officer authorized to taxe acknowledgments . according Ito the laws of.thG State of Florida, duly qualified and acting, ereby certify - that John W. McGarr7, to be person ally known.,.this 11 day acknowledged before me that he executed the foregoing Deed as one of the executors of the Will of Joe Bongic;vanni, deceased,, and I 1u, �thnr certify that I know said person ma king said acknow— ;edgment to be one of the indivi.duals described in*and who executed IN WITNESS W11EREOF, I,hava hereunto set my hand and official es I at West Palm Beach, said County and State, this X-7/ day if A. D io. real 146-eiry Public My Commission expires.2 tj�ty ft�tlr. slit, nf FloAdm 0 L3192 tj-1 urmise mn E�tv,vj Aug. 15. 1961 sanded by Tla—"— BCGX 717. STATE OF FLORIDA COUNTY OF PALM BEACH I, an officer authorized to take acknowledgments ac cording to the laws of the State of Florida. duly qualified and acting, hereby certify that John N. Harris as Vice President of Atlantic National Bank of West'Palm Bea'ch, Florida, a naticoal banking association, tr) me personally known, thes day acknowledged befove me 'that,he executed the'foregoing Deed as auch officer of said corporation a - s one of the executors of the' Will Of Joe Bongiovanni, deceased, and that he affixed thereto the,. i official scal.of said corporation', and I further c ertify that'i know said person making said acknowledgment to be one of the individuals described in and who executed the said Deed. IN WITNESS WIMR.EOF, I have hereu�to set my hand and offic'ial 4eal at West Pa:m Eeach, I said County and Sta'te, this 6th day bf February A. D. 196.7 Notary Public ,Seal MY Commission expires: J0 -4V31j "A -'3 S -:N ': VP Z951 OT02510 ....... ..... .. rA-& LFJ UUZ/ UU4 tv, v Not FACE 189 'LU QUIT-CLAtH DEED THIS QUIT-CLAZM DEED, ZX,,Uterj day of 32Y R E. HaMC;Lrk and Annie B Hamric)C, his Wife, zirat party, To, The Board of County Commissioners Of Okeechobee C whoae poatofficq to Okeechobee, Florida aeCond party- WITNBSSETH, That the Gaid ftrat party. tor and in dOnsideration of thc' �um Of � 1.00 in hand.paid by the sa14 accond part , the receipt whecdof is hereby y ackAowled5ed, does harel;y zemi6e, release and quit -claim �nto the 436 id 3econd forever, party all the right,, title, interest. claim and dcmand which thi fi,rst Party bihs J4 and to �hc f011Owing de5cribed lot, Piece or parcel of land, ajt�jat lying and boing In the CouAty of Okeechobee 17" to-Wi t. state Of tlorl:da Thr4t part Of Ninth Street lying between Blocks l2e and 135. and between Seminole street and Okeechobee Avenue according to the Plat of Okeechobee, recorded in Plat Book 2. page 17, public nicor'du Of St. Lucie county, Florida. ALSO: All alleyways in said alocka 126 and 135. TO HAVE AND TO HOLD the samc toqcther with all and uingular th appurt,.:nancq,3 thcrounco bulonging 117 or anywi&Q appqrtaininq, and all the estata, right, titic intsrcmt. lien. �IAim Qqulry d110 what - of thu 3aid fjr&t party, eithu r in law or equityo to t1yo r mA PZO pt.-r uEc, bGnrfit and bchoor of th(-. gaid second, party Ecr4;,vor. IN WITNESS WHEMOF, Tho GAId firat party has siqn�-,d ancl Scaled t))4z3Q d-,ay P9'QQLnC8 th- "4 Year first above writtLn. Signcd, tcalud And dcliv..;,red in '-4 prQmence of: VR---r. Ram (SEAL.) Annie B Mamrick (SEAL) XSEW STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on th;Ls day, b Cfort me, an Officcr duly authcri.zt.d in thQ $tat�; afOZofiaid and in thL- County aforesaid to t4'kc ac%ncwj;!(AqmL;ntA4, Pt.r-,onally APpc-arcd R. E. hamricK �nd Annie s. namrick, his wLfa, to MQ known to bc- the PLraons dcscribcd in bad who cxecutod the forc9o'ng 'nmtr%1m'znt '%nd thQY -'ckn0w1Qa9ud ba:ecra -ma that they 1L'xQCqtCd thu aam�- WITNESS mY hand and official sc�.&j in tho County and state 3-ast this day of -1dt=;sr17- A. D. 1967.- de-lzf--C�k "K 1�7 ex— '7� Notary Public tly Co?4jdgip0jj W1114CS AJJG, 17. W67 '" � INDEXED & VERIFIED 0 1 A " CT INDTFEGI "'fiorized Signature Typed Name & Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date Authorized Sig /' //"f 3 � � 411, 2-4"J -.Qllf I Typed Name & Title" Phone No. Date * + ccler 11-8 A (3 C +I 4 �,,.,r 4,J 4r-wa-x;� /-� L,� L4-CI,,,J C-14 krr,�,7-A 6A. D�,, —. 7(2.3-'3kf64* Authorized Signaturb Typed Name & Title Phone No. Date tequired Only For City of Okeechobee & First Addition to City of Okeechobee bUbdivisions: Authorized Signature 3CL Typed Name & Title Phone No. Date RevIsed 5111199 Page 3 1L101r01je-1r1r%U60A*4' WILLN"�'ELtk' .. F( -'-PUBLIC;WPRK,' DEPARTMENT Authorized Signature WIN Typed Name & Title JAPPLICA'TI*ON"NO.�.,!�,',,'.,".�.'i',,�.1 d. by, aliplicant.". Return 6nilr6" i06,11UH fi'�' 5 -j"..-V p�-'11 6 "f lithen a 4 01 q4, prl..pe. paid. THE,CLERK'S OPh b A6NfbIdN;dFF BELOW: ,99e attad-ed �tm. Ub cb not cbjeLt to U-e alley & azmt cics� as it relates to Uds Project. Fbq�, ve are reqmsting a stipulatiai be adftessed in the Crdinance that if the prqJect does not develcp, the ardinxice is rull & void. Date Authorized Slanature Date Nb dbiecticris. or POLICE D� E :PA RT M E N T, Cemr Bannxjez. Cita Fhainear Typed Name & Title orized Signature Date TanTey %ule=, micr Typed Name & Title FIRE DEPARTMENT, Authorized Neith 2mZc. Firp Chief Typed Name & Title 1541M Date Authorized Signature Date Bill Veadi, City Adidnistrator Typed Name & Title APPLICATION APPROVED BY: V)aju Zdlx-wtec— � " LANE GAMItOEA, CITY CLERK DATE Revised 413103-LG Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: June 10, 2003 Re: Alley and Street R/W Closing application for County Recreational Facilities. The Engineering Department has visited the site and found that drainage problems exist near the requested abandon subject City of Okeechobee Alley and Street Right -way. We should be aware of the critical drainage problems on City of Okeechobee especially on this area near S.R. 70, however the Engineering Office will recommend to approving the request for the Alley and street right way Closing for the only use of the proposed facilities. 11101 HIM L14KIII 10, F, m OR =� ��l 1111 111 0 lllil ItillLillul llllllllllq�l -..i (,00 1) iS Hit MN CD 2 L Z L L L �O Ltr,, � 9 � L IZL U OL 6 2 L z I (,000 iS' HiL MN 6m I cn m m C) 0 C/) z m a & Aliv no H :LL E:z EL L E:z EL L [Ez . 7 0 L =1 -irrz 6m I cn m m C) 0 C/) z m a & Aliv no H :LL E:z EL L E:z EL L [Ez . 7 0 L =1 -irrz ExHIBIT 8- JULY 15 AGENDA RESOLUTION NO. 03-7 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO THE REQUIREMENTS OF THE RURAL INFRASTRUCTURE GRANT FOR CONSTRUCTION OF THE INFRASTRUCTURE OF A NEW COMMERCE CENTER. WHEREAS, the City of Okeechobee has been awarded a Rural Infrastructure grant by the Executive Office of the Governor, Office of Tourism, Trade, and Economic Development, to assist in the construction of the infrastructure of a new commerce center; and WHEREAS, the City of Okeechobee will be the entity responsible for ultimate operation, and maintenance of the commerce center upon completion of construction; NOW, THEREFORE, BE IT RESOLVED that the City of Okeechobee agrees to manage construction of the required infrastructure to ensure compliance with all state, federal and local requirements. INTRODUCED AND ADOPTED this 15th day of July, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk Reviewed for Legal Sufficiency: John R. Cook, City Attorney 133HIS aNC 3N as it of 133NIS Hit 3N 133111S HIS 3N *'v VMI Tt rol III 1331JIS HIL 3N CA m 2 0 n3His aw MN 133HIS Hit MN - 1331:11S HIS MN .lm� 3MVI 9113 at 133UIS H19 MN ol oa 6% t el 91 L9 st 8 cc EI X 0 m z c m at it ot 9L -Me mi 13311IS HIL MN War" avw-t--- Da avw-t--- Da 4st eg ST ef at aVOUll" 3NII ISVOO OUVOSV3S Public School Facility Planning INTERLOCAL AGREEMENT EXHIBIT 9— JULY 15 AGENDA This agreement is entered into between the Okeechobee County Board of County Commissioners (hereinafter referred to as "County"), the City Council of the City of Okeechobee (hereinafter referred to as "City"), and the School Board of Okeechobee County (hereinafter referred to as "School Board"). WHEREAS, the County, City and the School Board recognize their mutual obligation and responsibility for the education, nurture and general well-being of the children within their community; and WHEREAS, the County, City, and School Board recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: namely (1) better coordination ofnew schools in time and place with land development, (2) greater efficiency for the School Board and the County and the City by placing schools to take advantage of existing and pla-Lined roads, watter, sewer, and parks, (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the County and the City, (4) better defined urban form by locating and designing schools to serve as community focal points, (5) greater efficiency and convenience by co -locating schools with parks, ballfields, libraries, and other community facilities to take advantage of joint use opportunities, and (6) reduction of pressures contributing to urban sprawl and support of existing neighborhoods by appropriately locating new schools while expanding and renovating existing schools; and WHEREAS, Sections 163.31777 and 235.193, Florida Statutes, require each county and the non- exempt municipalities within that county to enter into an interlocal agreement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and the County and the City are to be coordinated; and Whereas, the School Board, the County, and the City enter into this agreement in fWfillment of that statutory requirement and in recognition of the benefits accruing to their citizens and students described above; NOW THEREFORE, be it mutually agreed between the School Board, the County and the City that the following procedures will be followed in coordinating land use and public school facilities planning: Section 1. Joint Meetings 1.1 One or more representatives of the County, the City, and the School Board will meet annually in joint workshop sessions. The joint workshop session will be an opportunity for the County, the City, and the School Board to hear reports, discuss policy, set direction, and reach understandings concerning issues of mutual concern regarding coordination of land use and school facilities planning, including population and student growth, development trends, school needs, off -site improvements, and joint use opportunities. The School Board shall be responsible for making meeting arrangements and providing notification to the other participants and providing public notice. [7000-52656.WPD] Public School Facility Planning Section 2. Student Enrollment and Population Projections 2.1 In fulfillment of their respective planning duties, the County, City, and School Board agree to coordinate and base their plans upon consistent projections of the amount, t)W, and distribution of population growth and student enrollment. 2.2 The School Board shall utilize student population projections based on information produced by the demographic, revenue, and education estimating conferences pursuant to Section 216.136, Florida Statutes. The School Board may request adjustment to the estimating conferences' projections to reflect actual enrollment and development trends. In formulating such a request the school board will coordinate with the County and City regarding development trends and future population projections. 2.3 The School Board, working with the County and City, will allocate projected student enrollment throughout the district to reflect development trends. Section 3. Coordinatina and Shariniz of Information 3.1 Tentative District Educational Facilities Plan: On July 15' of each year, the School Board shall submit to the County and the City the tentative district educational facilities plan prior to adoption by the School Board. The City and the County shall each review the plan and comment to the School Board within 30 days on the consistency of the plan with its local comprehensive plan, whether a comprehensive plan amendment will be necessary for any proposed educational facility, and whether the County and the City supports any necessary comprehensive plan amendment. 3.2 Educational Plant Survey: The School Board shall submit a draft of the Educational Plant Survey to the County and the City prior to adoption by the School Board. The County and City will evaluate and make recommendations to the School Board within 30 days regarding the consistency of planned school facilities, including school renovations and closures, with the County and the City comprehensive plan. 3.3 Growth and Development Trends: On March I' of each year, County and City will provide the School Board with a report on growth and development trends within theirjurisdiction. This report will include information on issues that may have an impact on school facilities and student enrollment such as future land use map amendments and rezonings which materially increase residential densities, and residential building permits issued during the preceding year and their location. Section 4. School Site Selection. Siggificant Renovations, and Potential School Closures 4.1 When the need for a new school is identified in the district educational facilities plan, the Superintendent of Schools will establish a Public Schools Site Review Committee for the purpose of reviewing potential sites for new schools and proposals for significant renovation and potential closure of existing schools. The Committee will consist of the Superintendent of Schools, Assistant Superintendent for Administrative Services, Okeechobee County Schools and Director of [7000-52656.WPD] Page 2 of 5 Public School Facility Planning Operations, Okeechobee County Schools. Additional members may be added as the Superintendent deems necessary. 4.2 The Public Schools Site Review Committee will develop a list of potential sites in the area(s) of need. The list of potential sites for new schools and the list of schools identified in the district educational plan for significant renovation and potential closure will be submitted to the County and the City for an informal assessment regarding consistency with the County or the City comprehensive plan. Findings from the informal County or City assessment will be submitted to the Superintendent of Schools to be forwarded to the Public Schools Site Review Committee. 4.3 At least 60 days prior to acquiring or leasing property that may be used for a new public educational facility, the School Board shall provide written notice to the County and the City. The County or the City, upon receipt of this notice, shall notify the School Board within 45 days if the proposed new school site is consistent with the land use categories and policies of the County's and the City's comprehensive plan. This preliminary notice does not constitute the County's or the City's determination of consistency pursuant to section 235.193(12), Florida Statutes. 4.4 In conjunction with the preliminary consistency determination described at subsection 4.3 of this agreement, the School Board and the County and City will jointly determine the need for and timing of on -site and off -site improvements necessary to support each new school or the proposed significant renovation of an existing school, and will enter into a written agreement as to the timing, location, and the party or parties responsible for constructing, operating and maintaining the required improvements. Section 5. Local Planning A%�ncy, CgMp ehensive Plan Amendments, Rezonings, and Development Approvals 5.1 The County and the City agree to give the School Board notification of comprehensive plan amendments, rezonings, and development proposals pending before their respective local planning agencies or planning boards that may affect student enrollment. A School Board representative may attend any or all of the public hearings on the proposal and ad -vise the County or the City of the school enrollment impacts anticipated to result from the proposed land use application or development proposal, and whether sufficient capacity exists or is planned to accommodate the impacts. School capacity will be reported consistent with State Requirements for Educational Facilities. 5.2 If sufficient capacity is not available or planned to serve the development at the time of impact, the School Board will specify how it proposes to meet the anticipated student enrollment demand; alternatively, the School Board, the County, the City, and developer will collaborate to find means to ensure sufficient capacity will exist to accommodate the development, such as, developer contributions, proj ect phasing, or developer provided facility improvements. [70W-52656.WPD] Pag� 3 of 5 Public School Facility Planning Section 6. Co -location and Shared Use 6.1 Co -location and shared use of facilities are important to the School Board, the County, and the City. The School Board will look for opportunities to co -locate and share use of school facilities and civic facilities when preparing the District Educational Facilities Plan. Likewise, co -location and shared use opportunities will be considered by the County and the City when preparing the annual update to the comprehensive plan's schedule of capital improvements and when planning and designing new, or renovating existing, community facilities. Opportunities for co - location and shared use with public schools and public uses will be considered for libraries, parks, recreation facilities, community centers, auditoriums, gymnasiums, lecture halls, meeting rooms, learning centers, museums, performing arts centers, and stadiums. In addition, co -location and shared use of school and governmental facilities for health care and social services will be considered. 6.2 A separate agreement will be developed for each instance of co -location and shared use which addresses legal liability, operating and maintenance costs, scheduling of use, and facility supervision or any other issues that may arise from co - location and shared use. Section 7. Resolution of DiMutes 7.1 If the parties to this agreement are unable to resolve any issue in which they may be in disagreement covered in this agreement, such dispute will be resolved in accordance with goverm-nental conflict resolution procedures specified in Chapter 164 or 186, Florida Statutes. Section 8. Oversight Process 8.1 The School Board, the County and the City shall each appoint a citizen member to serve on an oversight committee to monitor implementation of this interlocal agreement. The committee shall appoint a chairperson, meet at least annually at a public meeting , invite public participation and comment on this interlocal agreement and its implementation. Upon conclusion of the public hearing process, the oversight committe shall report to the County, City, and School Board on the effectiveness with which the interlocal agreement is being implemented. IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of Okeechobee County, the City of Okeechobee, and the School Board of Okeechobee County on this day of July, 2003. BOARD OF COUNTY COIvMSSIONERS OKEECHOBEE COUNTY, FLORIDA ATTEST: CLIF BETTS, Chairman Sharon Robertson, Clerk, (Seal) Board of County Commissioners [7000-52656.WPD] Page 4 of 5 ATTEST: LANE GANHOTEA, CITY CLERK 0 m 0 Public School Facility Planning Approved as to Form and Correctness: County Attorney CITY OF OKEECHOBEE, FLORIIDA JAMIES ICIRK, NIAYOR (SEAL) Approved as to Form Pmd Correctness: City Attorney SCHOOL BOARD OF OKEECHOBEE COUNTY, FLORIDA INDIA RIEDEL, Chairperson Approved as to Fonn and Correctness: Scbool Board Attorney [7000-52656.WPD) Pag� 5 of 5 EXHIBIT 10— JULY 15 AGENDA City/County for Construction Licensing Services within City limits. INTERLOCAL AGREEMENT THIS AGREEMENT, entered into this day of 2003, by and between the Board of County Commissioners of Okeechobee County, Florida, hereinafter referred to as the "COUNTY"; and the City of Okeechobee, Florida, hereinafter referred to as the "CITY"; WHEREAS, the COUNTY and the CITY, by prior agreement, understanding and ordinance have operated their respective building, planning and zoning departments independent of each other, and the CITY agreeing in its ordinance no. 660 to "opt out" of the application of those specific terms and provisions of Article 1, Section 1.09.00 contained in COUNTY ordinance 92-20 to the geographic area of the CITY; and WHEREAS, since this clarification ofthe intent and respective duties and obligations ofthe entities, in CITY ordinance 660, both COUNTY and the CITY have operated their building, planning and zoning function independently of the other; WHEREAS, it has come to the attention of both entities that the area of enforcement of local code and state ordinances concerning the licensing of contractors has not been provided for by local or state law so as to pen -nit the CITY to regulate and enforce code requirements on those contractors who operate within the geographic area of the CITY, particularly due to the fact only the COUNTY has an appointed and operating Construction Licensing Board (the "Board") to receive and resolve complaints concerning construction and contractor issues; and WHEREAS, the CITY and COUNTY believe that it is in the best interests of its citizens to formulate a procedure to adequately enforce construction licensing and building code violation issues within the CITY, and in the spirit of cooperation to permit these violations to be resolved before the Board established by the COUNTY, with certain stipulations; NOW, THEREFORE, in consideration of the premises and the terms, conditions and covenants herein contained, it is agreed by and between the parties hereto, as follows: THAT this Agreement shall be effective from the date it is filed with the Clerk of the Circuit Court of Okeechobee County, and so remain in effect until amended or terminated as hereinafter provided. This agreement may be terminated in writing by either party upon no less than sixty (60) days written notice; or amended as required by mutual agreement of the parties reduced to writing. 2. THAT all complaints, code violations, appeal of a decision of the City building official, or other matter concerning the proper licensing of contractors who perform or attempt to perform work within the CITY shall be received, and investigated by city staff from the code enforcement office or that of the CITY building official, and processed within the CITY as may be required; such investigation and findings shall be reduced to a written report of a finding of no violation; or if it is determined that there is a reasonable basis to believe a [7000-52368.WPD] violation has occurred, reported as such in writing to the contracting and licensing board for the COUNTY. Any notice of violation transmitted to the County shall contain citations of the provision of City Ordinance or State Statute believed to have been violated, copies of such citations, together with the names and addresses of any witnesses for which a notice or summons is needed. 3. THAT upon a report of a CITY violation being received by the Board, such violation shall be placed on the next available agenda of the Board, and all required notices of the meeting of the Board shall be provided by that Board, together with issuance of such subpoena's as may be requested by the CITY. The CITY shall be responsible for having served any subpoena's it has requested to be issued. When such violation is to be heard by the Board, the CITY shall provide a representative to appear before the Board to argue in support of the violation submitted. The CITY shall also have available such officers, building officials or experts as it may deem necessary to prove the violation submitted. 4. THAT the Construction Licensing Board shall deliberate, make findings of fact and conclusions of law, and issue a Final Order of that Board in the same manner and without regard for whether the alleged violation occurred within the CITY or the unincorporated areas of Okeechobee County, except that the applicable City or County Code will be applied. 5. THAT any appeal of an Order of the Construction Licensing Board for a violation occurring within the CITY, shall be appealed same manner as provided in the Okeechobee County Code except the initial appeal shall be to the Okeechobee City Council as opposed to the Okeechobee County Board of County Commissioners, which shall thereupon affirm, reverse or remand as it sees fit and shall promptly notify the COUNTY of its decision. Should an appeal be taken beyond the CITY council to a Court of Competent Jurisdiction, the CITY shall appear and defend the COUNTY such action, and to the extent permitted by law, indemnify and hold harmless the COUNTY for any cause of action or damage occasion by such alleged violation or enforcement action.. 6. THAT prior to implementation of this Interlocal Agreement, the CITY shall adopt an ordinance amending, to the extent necessary, Ordinance No. 660 to allow Okeechobee County to exercise jurisdiction within the incorporated limits of the CITY necessary to effectuate the terins and intent of this Agreement. 7. THAT prior to implementation of this Agreement, the COUNTY shall amend the Okeechobee County Code to permit an appeal of a violation originating within the CITY to be before the Okeechobee City Council as opposed to the Okeechobee County Board of Commissioners. 8. THAT regarding violations originating within the CITY, the City staff shall act as staff to the Board to provide such material and additional information and support as may be reasonably requested by that Board. 9. THAT the operation of this interlocal agreement shall be limited to the named area of construction licensing and enforcement issues, and not otherwise amend in any manner the [7000-52368.WPD] Page 2 of 3 previous agreements or ordinances of COUNTY or the CITY 10. Severability. In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree as to such amendments, modifications or supplements of or to this Agreement or such other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein, and the other provisions of this Agreement shall, as so amended, modified or supplemented or otherwise affected by such action, remain in full force and effect. IN WITNESS WHEREOF, the Board of County Commissioners of Okeechobee County, Florida have caused this Agreement to be executed as of the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA 0 CLIF BETTS, Chairm—an Sharon Robertson, Clerk, (Seal) Board of County Commissioners Approved as to Form and Correctness: County Attorney IN WITNESS WHEREOF, the City Council of the City of Okeechobee, Florida, have caused this Agreement to be executed as of the date first above written. ATTEST: LANE GAMIOTEA, CITY —CLERK M LION CITY OF OKEECHOBEE, FLORIDA JAMES KUM MAYO-R (SEAL) Approved as to Form and Correctness: City Attorney [7000-52368.WPD] Page 3 of 3 ExHIBIT 11 JULY 15 AGENDA EXHMIT I I WILL BE PROVIDED BY ATTORNEY COOK July 15, 2003 MEMO to council re: family employment restrictions Although our personnel manual states that our policy on employment of family members 44 coincides" with state statutes on the matter, the city personnel manual and state statutes are different in their definition and restriction on employment of family members, and I list those differences as follows: IN THE CITY: Our policy states that no two members of the same family may be employed in the same department, either on regular or temporary basis, and appears to include unpaid or volunteer positions. IN THE STATUTES: (112.3135) The statute defines "public official" as that employee who is vested by the city with the authority to appoint, employ, promote or advance individuals in their respective department. The statute specifically sets out its policy as being: A public official may not appoint, employ, promote, advance or advocate for such, an individual, to a position in which the pubic official is serving, or over which the public official exercises jurisdiction or control, of any individual who is a relative of the public official. This section excludes appointment to boards, except zoning and land use boards, and also excludes volunteers. Therefore, this language in the statute prohibits the official who has the ability to hire, fire, promote, etc. from employing under him or her, a relative of that official. We had been construing our city policy to prohibit anyone in the department having a relative working in the same department. We recently changed that to permit a relative to work in the department, but not on the same shift as the relative (fire department). The state statute actually only prohibits the employee who is the "public official" with the ability to hire and fire, from hiring one of his or her own relatives, as that is defined in the policy. Therefore, the change suggested is by ordinance to amend the city policy to match that of the state statute, which would more liberally permit relatives , whether hired or volunteer, to work in the same department, so long as they were not relatives of the public official. JRC ?�_� EXHIBIT 12- JULV 15 AGENDA 2003-04 TENTATIVE BUDGET PREPARATION AND MILE -AGE CALENDAR DATE AGENCY June I Account Supervisor July 3 Tax Assessor July 8 Department Heads July 15 City Administrato City Council July 31 Account Supervisor (within 35 days certification) (31 days actual) Aug 4-Aug8 City Administrator Account Supervisor August 15 City Administrator August 19 City Council August 26 City Council ACTIVITY Submit to Department Heads budget preparation print out sheets reflecting actual expenditures for first seven months and estimate for 2002-03. To prepare 2003-04 proposed. Submits certification of taxable value to taxing authority (City). Time period starts July 1, 2003. Submit completed budget work sheets to Account supervisor.. Set date, time and place of public hearings to be held in September and consider proposed millage rate for tentative budget. Returns certification to Tax Assessor and copy to Tax Collector. Review budget request with Mayor and Department Heads and tally Revenue and Departmental Budgets. Send 2003-04 budget copies to Council. Budget Workshop (this will leave time if a second workshop is necessary) 2 d Budget Workshop if needed August 22 Tax Assessor Prepares and mails to each taxpayer a "Notice of proposed (not more than 55 days of certification) property taxes" (this serves as a general notice of first (51 days actual) hearing of budget) -NO LESS THAN TEN DAYS AFTER NOTICE IS MAILED BY TAX ASSESSOR - September 8 City Council (within 80 days of certification. Not earlier than 65 days) (67 days actual)(no sooner than 10 days after mailed notice)(14 days actual) September 10 City Clerk(Sept9) (at least 10 days prior to final hearing) (10 days actual) September 15 City Clerk(Sept 10) (within 15 days of tentative budiet) (8 days actual) (within 80 days no later than 95 days) (74) days actual)(no sooner than 2 days no later than 5 days prior to final hearing (5 days actual September 19 City Council (no sooner than 2 days) (i.e. (no later than 5 days of advertisement) (5 days actual) (within 97 days no later than 100 days) (78 days actual) September 22 Account Supervisor (within 3 days of final hearing) (3 day actual) October 19 Account Supervisor Holds first public hearing and reading on tax millage and appropriations ordinance. F.S. requirement prior to con- clusion of first hearing: 1. Council amends tentative budget 2. Adopt tentative millage and budget 3. Recompute proposed millage rate 4. Publicly announce percent millage rate exceeds "roll -back rate" Advertise budget ordinance. F.S. 166.041(3)(a) and Millage ordinance Advertise public hearing to finally adopt a millage rate and budget (1/4 pg. 18 pt. type) in addition an adjacent notice meeting the budget summary requirements of Section F.S. 129.03 (3)(b) and statement of expense % increase over prior year Expenditures Holds second public hearing, amend adopted tentative budget to finalize the budget, to adopt final budget; and to adopt millage rate. Forwards the certified resolution or ordinance adopting the final millage rate to the Tax Assessor and the Tax Collector.. Completes and certifies form DR-422 to property appraiser. Trim certification must be received by Department of Revenue no more than 30 days after adoption of final ordinance. L�_J EXHIBIT 13— JULV 15 AGENDA 2003-04 TENTATWE BUDGET PREPARATION AND MILEAGE CALENDAR DATE AGENCY June I Account Supervisor July 3 Tax Assessor July 8 Department Heads July 15 City Administrato City Council July 31 Account Supervisor (within 35 days certification) (31 days actual) Aug 4-Aug8 City Administrator Account Supervisor August 15 City Administrator August 19 City Council August 26 City Council ACTIVITY Submit to Department Heads budget preparation print out sheets reflecting actual expenditures for first seven months and estimate for 2002-03. To prepare 2003-04 proposed. Submits certification of taxable value to taxing authority (City). Time period starts July 1, 2003. Submit completed budget work sheets to Account supervisor.. Set date, time and place of public hearings to be held in September and consider proposed millage rate for tentative budget. Returns certification to Tax Assessor and copy to Tax Collector. Review budget request with Mayor and Department Heads and tally Revenue and Departmental Budgets. Send 2003-04 budget copies to Council. Budget Workshop (this will leave time if a second workshop is necessary) 2nd Budget Workshop if needed August 22 Tax Assessor Prepares and mails to each taxpayer a "Notice of proposed (not more than 55 days of certification) property taxes" (this serves as a general notice of first (51 days actual) hearing of budget) -NO LESS THAN TEN DAYS AFTER NOTICE IS MAILED BY TAX ASSESSOR - September 8 City Council (within 80 days of certification. Not earlier than 65 days) (67 days actual)(no sooner than 10 days after mailed notice)(14 days actual) September 10 City Clerk(Sept9) (at least 10 days prior to final hearing) (10 days actual) September 15 City Clerk(Sept 10) (within 15 days of tentative budiet) (8 days actual) (within 80 days no later than 95 days) (74) days actual)(no sooner than 2 days no later than 5 days prior to final hearing (5 days actual September 19 City Council (no sooner than 2 days) (i.e. (no later than 5 days of advertisement) (5 days actual) (within 97 days no later than 100 days) (78 days actual) September 22 Account Supervisor (within 3 days of final hearing) (3 day actual) October 19 Account Supervisor Holds first public hearing and reading on tax millage and appropriations ordinance. F.S. requirement prior to con- clusion of first hearing: 1. Council amends tentative budget 2. Adopt tentative millage and budget 3. Recompute proposed millage rate 4. Publicly announce percent millage rate exceeds "roll -back rate" Advertise budget ordinance. F.S. 166.041(3)(a) and Millage ordinance Advertise public hearing to finally adopt a millage rate and budget (1/4 pg. 18 pt. type) in addition an adjacent notice meeting the budget summary requirements of Section F.S. 129.03 (3)(b) and statement of expense % increase over prior year Expenditures Holds second public hearing, amend adopted tentative budget to finalize the budget, to adopt final budget; and to adopt millage rate. Forwards the certified resolution or ordinance adopting the final millage rate to the Tax Assessor and the Tax Collector.. Completes and certifies form DR-422 to property appraiser. Trim certification must be received by Department of Revenue no more than 30 days after adoption of final ordinance. tn Position PROPOSED STEP PAY PLAN 2 3 4 6 7 8 9 10 56,122.00 56,983.83 57,818.29 58,685.56 59,565.85 60,459.33 61,366.22 62,286.72 63,221.02 64,169.33 Executive Secretary (1) 24,825.00 25,197.38 25,575.34 25,958.97 26,348.35 26,743.58 27,144.73 27,551.90 27,965.18 28,384.66 29,379.00 29,819.69 30,256.98 30,720.98 31,181.80 31,649.53 32,124.27 32,606.13 33,095.23 33,591.65 24,825.00 25,197.38 25,575.34 25,958.97 26,348.35 26,743.50 27,144.73 27,551.90 27,965.18 28,384.66 �Acct. Clk/ Risk Manage 24,295.00 24,659.43 25,029.32 25,404.76 25,785.83 26,172.61 26,565.20 26,963.68 27,368.14 27,778.66 24,825.00 25,197.38 25,575.34 25,958.97 26,348.35 26,743.58 27,144.73 27,551.90 27,965.18 28,384.66 18,540.00 18,818.10 19,100.37 19,386.88 19,677.68 19,972.85 20,272.44 20,576.52 20,885.17 21,198.45 37,556.00 38,119-34 38,691.13 39,271.50 39,860.57 40,458.48 41,065.36 41,681.34 42,306-56 42,941.15 Deputy City Clerk (1) 24,825.00 25,197.38 25,575.34 25,958.97 26,348.35 26,743.58 27,144.73 27,551.90 27,965.18 28,384.66 46,043.00 46,733.65 47,434.65 48,146.17 48,868.36 49,601.39 50,345.41 51,100.59 51,867.10 52,645.10 Police Major (1) 40,408.00 41,014.12 41,629.33 42,253.77 42,887.58 43,530.89 44,183.86 44,846.61 45,519.31 46,202.10 Police Sergeant (5) 33,312.00 33,811.68 34,318.86 34,833.64 35,356.14 35,886.48 36,424.78 36,971.15 37,525.72 38,088.61 Police Corporal (1) 31,190.00 31,657.85 32,132.72 32,614.71 33,103.93 33,600.49 34,104.50 34,616.06 35,135.30 35,662.33 Police Detective (2) 29,599.00 30,042.99 30,493.63 30,951.03 31,445.30 31,888.53 32,364.83 32,850.30 33,343.05 33,843.20 29,599.00 30,042.99 30,493.63 30,951.03 31,415.30 31,886.53 32,364.83 32,850.30 33,343.05 33,843.20 23,234.00 23,582.51 23,936.25 24,295.29 24,659.72 25,029.62 25,405.06 25,786.14 26,172.93 26,565.52 Police/Fire Dispatcher (4) 23,234.00 23,582.51 23,936.25 24,295.29 24,659.72 25,029.62 25,405.06 25,786.14 26,172.93 26,565.52 'It 45,619.00 46,303.29 46,997.83 47,702.80 48,418.34 49,144.62 49,881.79 50,630.02 51,389.47 52,160.31 Fire Battalion Chief (1) 33,281.00 33,780.22 34,286.92 34,801.22 35,323.24 35,853.09 36,390.89 36,936.75 37,490.80 38,053.16 Fire Lieutenant (2) 32,251.00 32,734.77 33,225.79 33,724.17 34,230.04 34,743.49 35,264.64 35,793.61 36,330.51 36,875.47 'f irefighter/EMT (8) 28,538.00 28,9W.07 29,400.56 29,841.57 30,289.19 30,743.53 31,204.68 31,672.75 32,147.85 32,630.06 City Engineer (1) 46,350.00 47,045.25 47,750.93 48,467.19 49,194.20 49,932.11 50,681.10 51,441.31 52,212.93 52,996.13 Public Works Di 40,208.00 40,811.12 41,423.29 42,044.64 42,675.31 43,315.44 43,965.17 44,624.64 45,294-01 45,973.42 31,190.0 31,657.85 32,132.72 32,614.71 33,103.93 33,600.49 34,104.50 34,618.06 35,135.30 35,662.33 60.00 31,119-90 31,586.70 32,060.50 32,541.41 33,029.53 33,524.97 34,027.85 34,538.26 35,056.34 95.00 � 24,659.43 25,029.32 25,404.76 25,785.83 26,172.61 26,565.20 26,963.68 27,368.14 27,778.66 = each employee's placement in step pay plan including current longevity bonus positions at least $4,000 above FLC minimum GREEN = positions starting below FLC minimum CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: July 10, 2003 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. SYNOPSIS DEPARTMENT ADMINISTRATION I GRIT — There are no new developments since your update at our last meeting. Fire Station Project — The City Engineer reports that he still anticipates completion of the project this summer. The firefighters are occupying the upper (residence) level of the facility. Downstairs demolition is complete. As soon as electrical and plumbing contractors complete their work, drywall will be instafled and the project can be completed. The project continues to be on budget at this time. Weekly "construction meetings", in which the Administrator, Engineer, Public Works Director, Fire Chief, Building Official and Councilman Chandler (when available) discuss the project and its progress, are continuing. Industrial Park — At this time, our contract with Tim Gates has expired. I met with our consultants on July 8 1h to continue to explore alternative business possibilities. As I have stressed, it is extremely important that we secure ajob creator for the project ifwe are to keep funding in place. We have submitted a request for payment related to some of the work covered by the $300,000 Rural Infrastructure Grant. While this request is relatively small, it appears that it will be approved. As the first request related to this grant, approval will certainly help keep this portion of funding in place. The quarterly report for the $1.25 million dollar ETDF transportation grant is due later this month. Unfortunately, this grant was -tied to Sheffield's "job creation" and keeping it in place will be more difficult. Should this funding be lost, I am working with our consultants to present a scaled down project to the City Council which would still construct the bridge, a street through the industrial park and partial water and sewer using the remaining funding (EDA - $1.2 million; County - $300,000; Rural Infrastructure - $300,000). DEPARTMENT k.'SYNOPSIS AMINISTRATION The NE 91h Street portion of the project is underway and should be completed within CONTINUED the next few weeks. This is the remainder of the State Appropriation work. Limited work also continues within the confines of the Industrial Park itself. This is being done in conjunction with the Harrison O'Connor contract, approved by the City Council several weeks ago. Flagler Parks — We are awaiting finalized contracts for the $415,859.00 CDBG grant for parks 3-6. Following execution of these contracts, we will need to solicit a grant administrator (using procedures required by the state) and submit final plans for the project (to be developed primarily by Oscar Bermudez). Staff has engaged a consultant to assist in bringing the City into GAS13 34 compliance. FINANCE This work should commence in August. Staff continues budget preparations for FY03/04. PUBLIC WORKS I Public Works employees have been and continue to be most helpful in the Fire Station project. Public Works is currently planning to paint City Hall. The Department acquired enough paint (at the time paint was purchased for the Fire Station) to match City Hall. Donnie Robertson and Oscar Bermudez seem to have cleared permitting issues with DEP related to the 0 Street Boat Ramp. The ramp has been reopened fbIlowing minor repairs, however, more extensive repairs are needed. Donnie Robertson is working with the contractor to schedule installation of the guardrail on SW 12" Avenue at SR70. Oscar Ben-nudez continues to work with various entities of DEP to develop a master drainage plan. Staff met with representatives from Berryman & Henigar to discuss upcoming state and federal mandates related to stormwater. Oscar also continues daily oversight and coordination of the Fire Station project. Public Works employees have begun limited spraying within the canals and report positive results. Current high water conditions limit the progress that can be made. 0,14 -1 DEPARTMENT SYNOPSIS CITY ATTORNEY I The following are included in the items I have asked Attorney Cook to address. I . Procurement of the Billy Mason/NE 9" Street right-of-way. A metes and bounds survey has been completed and John is proceeding with condemnation. 2. Noise/breach of peace/animal ordinance. 3. LDR issues such as non -conforming structures, building site elevations, visibility triangles, drainage and street cut/right-of-way resolution. 4. Hamrick Trust — John is in discussion with the County Attorney on this matter. 5. City/County Contractor Licensing. 6. GRIT issues. 7. Adelphia Contract. 8. Marvin Brantley's continuing situation. '41